Geri S. Krauss
Top Rated Business Litigation Attorney in New York, NY
Geri S. Krauss is a respected business litigator, as well as a recognized expert on the complex issues relating to professional partnerships. She regularly counsels lawyers and other professionals in disputes involving partners, employees, and their firms, and also negotiates and litigates such disputes. Additionally, she represents law firms and lawyers when they find themselves as defendants. Ms. Krauss is also an experienced employment lawyer who has negotiated and litigated on behalf of both employers and employees in a wide range of issues including contracts, restrictive covenants, discrimination and harassment claims, and terminations. She counsels clients in preventive employment practices and provides guidance on issues of hiring and termination. As an alternative to litigation, Ms. Krauss is actively involved in alternative dispute resolution, both as an advocate or as a neutral mediator or arbitrator. She is a member of both state and federal court mediation panels and is on the panel of arbitrators of AAA and FINRA. Her most publicized case was Bell v. Helmsley. She is the author of the recently published book "Partner Departures and Lateral Moves: A Legal and Ethical Guide," which provides guidance for both the partners and the acquiring firm who are exploring a new affiliation.
About Geri S. Krauss
First Admitted: 1977, New York
Professional Webpage: http://www.kraussny.com/biography.html
- Books: PARTNER DEPARTURES AND LATERAL MOVES, A Legal and Ethical Guide, Published by the American Bar Association, Law Practice Management Section (2009).TAKE CONTROL OF YOUR ARBITRATION PROCESS! What CEOs and General Counsel Need to Know About Drafting Arbitration Provisions in Contracts, Published by ExecSense (2013)
- Articles: “Transition From Litigation to Mediation," New York Law Journal, April 4, 2012. “Resolving Disputes Among Small Business Owners," NYSBA White Paper, January, 2011. “Validity of Nonsolicitation Pacts Among Lawyers Shrinks,” New York Law Journal, October 21, 2008. "Issues and Principles Relating to Due Diligence in Lateral Acquisitions," Practicing Law Institute, "Staying Out of Trouble: What Every Attorney Must Know About Ethics 2005," December 2005. "New Partners: New Status Brings Change in Approach to Compensation,” New York Law Journal, February 2, 2004. “The Nitty-Gritty on Equity,” LegalTimes, January 26, 2004 "Employers’ Anti-Discrimination Policies Should Encompass Sexual Orientation," New York Law Journal, May 5, 2003. "Partnership Roles Vary Widely From Firm to Firm," New York Law Journal, January 27, 2003. "Are Law Firm Equity Partners Protected by Discrimination Laws?," New York Law Journal, November 19, 2002.
- Speaking Engagements: Keynote Speaker, National Association of Legal Search Consultants, 2013 Fall Symposium, October 2013. "The Ethics of Exiting," Westchester County Bar Association, June 2013 "Ethical Issues When an Attorney Leaves the Firm Managing Client Communications, Client Files, Work Product and Conflicts of Interest," Strafford Webinars, October 2011, November 2012 Featured Author/Speaker on American Bar Association, Law Practice Management Author-Expert CLE Series, May 2011. Keynote Speaker, “Walking a Tightrope: Partners, Placements and Perils, National Association of Legal Search Consultants, 2010 Fall Symposium, scheduled for October 2010 “How to Maximize Results in Mediation and Arbitration,” New York State Bar Association, Dispute Resolution Section and Entertainment, Arts and Sports Law Section Joint Fall Program, scheduled for October 2010 Featured Author/Speaker on American Bar Association, Law Practice Management Author-Expert CLE Series, scheduled for October 2010 “Lawyers in Transition: The Legal & Ethical Issues to Consider When Changing Jobs,” New York City Bar, July 2010 "The Ethical Considerations When Lawyers Change Jobs,” New York State Bar Association, Labor & Employment Law Section, New York City, Annual Meeting, February 2008. "Ethics of Witness Preparation," New York State Bar Association, Section of Commercial and Federal Litigation, New York City, Annual Meeting, January 2008. "Anticipating the Personal Disaster: Why You Should Have A Plan of Action for Your Practice and How To Do It," New York State Bar Association, Labor and Employment Law Section Meeting, Long Boat Key, Florida, March 2006. “The Bottom Line: Fees, Billing and Collections,” Westchester Women’s Bar Association, White Plains, New York, March 2006. "Law Firm Mergers and Lateral Hires: Managing Conflicts of Interest Risks,” Hinshaw’s 2006 Legal Malpractice & Risk Management Conference, Chicago, Illinois, March 2006. "Avoiding Liability with Respect to Lateral Partner, Of Counsel and Associate Hiring and Firing," Practicing Law Institute, December 2005. “Law Firm Break-Ups, Mergers and Lateral Hiring: Managing the Risks,” Hinshaw’s 2005 Professional Responsibility and Risk Management Program, New York, New York, October 2005.
- Teaching: Instructor, Pace University Law School New Directions Program, 2008-2010
- Neutral Panels: American Arbitration Association, Arbitrator and Mediator, Commercial, International and Employment Panels. New York Ciry Bar Association’s Panel for Arbitration and Mediation of Disputes Among Lawyers Panel of Arbitrators for Financial Industry Regulatory Authority (FINRA) Panel, Arbitrator. Panel of Arbitrators for the New York State Attorney-Client Fee Dispute Resolution Program, Member. Character and Fitness Committee for the Ninth Judicial District Character Committee, service on hearing panels with respect to attorney admissions and reinstatemen.t S.D.N.Y. Mediation Panel, Member. New York State Supreme Court Commercial Division ADR Program, Mediator.
- Admitted to Practice: State of New York, 1977. United States Supreme Court, 2007. U.S. Court of Appeals, Second Circuit, 1991. U.S. Court of Appeals, Fourth Circuit, 2002. Southern District of New York, 1977. Eastern District of New York, 1978. Northern District of New York, 2007 District of Colorado, 2003.
- Professional Associations: Committee on Character and Fitness for the Ninth Judicial District, Member. Judges and Lawyers Breast Cancer Alert, Member of Board of Directors. American Bar Association, Member; Professional Responsibility Section, Member; Dispute Resolution Section. New York State Bar Association, Member; Dispute Resolution Section, Executive Committee Member; Labor and Employment Law Section, Member; Commercial and Federal Litigation Section, Member. New York City Bar, Member; Committee on Professional Responsibility (2003-2006). New York State Women’s Bar Association, Westchester Women’s Bar Association. Member, Litigation Counsel of America, Fellow.
- Fern Simmons v. Richard Omohundro, et al., Index No. 05-cv-4482 (TPG) (SDNY). Obtained $3.69 million judgment entered on March 29, 2011 based on jury verdict for plaintiff on claims of joint venture, breach of fiduciary duty, quantum meruit and unjust enrichment in connection with the development of an asset management company. Sybil Shainwald v. Benedict P. Morelli & Associates, P.C. Hotly contested dispute between lawyer and law firm that spawned proceedings in arbitration and both state and federal courts. After a nine-day hearing in 2006, obtained an arbitration award in favor of lawyer (i) finding that law firm had breached the contract between them by wrongfully terminating her and awarded her substantial fees in pending cases, an accounting, an audit by an outside auditor at the law firm’s expense and all of the costs of the arbitration, and (ii) rejecting all of the law firm’s claims. Award was confirmed by state Supreme Court (Index No. 604172/2004) and Appellate Division (49 A.D.3d 476 (1st Dep't 2008)). Also obtained sanctions in federal court and recommendation of contempt in state court against law firm for failure to comply with court orders.Seruya and Israeli v. Torres, Index. No. 1490KCV002 (Appellate Term, 2d Dep't 2008) Obtained reversal on appeal of $4 million verdict entered against clients represented by prior counsel below in business divorce and breach of fiduciary duty case.Morrison v. Board of Law Examiners of State of N.C., 453 F.3d 190 (4th Cir. 2006). Amicus brief addressing unconstitutionality of restrictive Bar Admissions requirement on behalf of Association of Corporate Counsel defendants.Storey v. Cello Holdings, L.L.C., 347 F.3d 370 (2d Cir. 2003). Obtained dismissal of Rule 11 sanctions against law firm.Clapp v. LeBoeuf, Lamb, Leiby & MacRae, 286 A.D.2d 643, 730 N.Y.S.2d 429 (1st Dep't 2001). Obtained injunction against any further litigation by a former partner against a law firm.Honzawa v. Honzawa, 268 A.D.2d 327, 701 N.Y.S.2d 411 (1st Dep't 2000). Obtained, by motion, dismissal of malicious prosecution claim against a law firm.Graubard Mollen v. Moskovitz, 86 N.Y.2d 112, 653 N.E.2d 1179, 629 N.Y.S.2d 1009 (1995). Case defined the standards that now govern the rights and obligations of law partners who leave their law firms.Posner v. Lewis, 18 N.Y.3d 566 (NY Ct of App. 2012). Defeated defendants' motion to dismiss complaint filed by nontenured teacher against his father-in-law and brother-in-law, alleging they engaged in malicious course of conduct resulting in denial of his application for teaching tenure as retribution for his refusal to relinquish his parental rights during his divorce; the Court held that defendants' conduct in instigating complaints against teacher to school authorities that resulted in denial of tenure was not entitled to absolute privilege.Functional Life Achievement v. City of New York, Index No. 105553/2008 (Sup. Ct. NY 2008). Obtained temporary restraining order in Article 78 proceeding against City of New York and resolved case to ensure continuation of Early Childhood Intervention Program services to the New York City Asian community.C. G. Jung Foundation for Analytical Psychology, Inc. v. C. G. Jung Institute of New York (2008). Obtained arbitration award declaring contract rights in favor of client in contract dispute between two not-for-profit organizations.USA v. New York State Board of Elections, Index No. 1:06-cv-00263 (N.D.N.Y. 12/20/07). Amicus brief addressing issues raised by Justice Department's efforts to require New York State to comply with Help America Vote Act ("HAVA") by 2008 election on behalf of the League of Women Voters of New York State, New Yorkers for Verified Voting and New York Public Interest Research Group and Citizen Action of New York.Sieger v. Union of Orthodox Rabbis, Index No. 605638/1998 (Sup. NY 1998). Case involved claims on behalf of an orthodox Jewish woman that her husband had bribed a Bet Din (Jewish Court) to obtain a document called a “heter” which falsely stated that she was unfit to be a wife and mother and failed to follow numerous religious rules so as to allow him to remarry under Jewish law without giving her a “get,” a Jewish divorce.Romney v. Lin, 105 F.3d 806 (2d Cir. 1997). Case ruled ERISA pre-empted state law imposing personal liability on corporation's 10 largest shareholders for claim arising under defunct private retirement plan.O'Keeffe v. Bry, 456 F.Supp. 822 (S.D.N.Y. 1978). Represented Georgia O'Keeffe in dispute with her long-time agent.Bluemountain Capital v. Misra (2008). Defeated injunction sought by investment bank for violation of non-competition agreement against former employee in court and arbitration proceedings.Henderson v. Regeneron Pharmaceuticals, Index No. 04-cv-04553 (SDNY 2005). Obtained summary judgment dismissing claims of sex discrimination and sexual harassment brought by employee.Charles Bell v. Leona Helmsley, New York Law Journal, February 18, 2003. Verdict, Vol. 229; Pg. p. 5, col. 1. Obtained $11.2 million jury verdict for plaintiff on claims of sexual orientation discrimination.Cecala v. NationsBank Corp., 40 Fed. Appx. 795 (4th Cir. 2002). Confirmed dismissal of claims of breach of contract, sex discrimination and sexual harassment by panel of NASD arbitrators after six weeks of hearings.Ballen-Stier v. Hahn & Hessen, 284 A.D.2d 263, 727 N.Y.S.2d 421 (1st Dep't 2001). Obtained, by motion, dismissal of claims of sexual harassment and retaliation brought by a former partner against a law firm.Harris v. LeBoeuf, Lamb, Green and MacRae, LLP, 2000 U.S. Dist. LEXIS 18190 (S.D.N.Y. 2000), Aff'd, 29 Fed. Appx. 733 (2d Cir. 2002). Obtained summary judgment dismissing claims of race discrimination brought by employee.
- University of Michigan, AB. Magna Cum Laude with Highest Honors in History; Phi Beta Kappa, 1973 , 1973
- Arbitration and Mediation Training:5th Annual Arbitration Training Institute, 3-day program sponsored by ABA/AAA, July 2010, and yearly AAA CLEs FINRA Arbitrator Training, 16.5 hours, August 2010 The Center For Dispute Settlement, 3-day program in Advanced Mediation Techniques, May 2010 The Center For Mediation In Law, 40-hour Mediation Intensive Training Program, May 2010 Program On Negotiation at Harvard Law School, 5-day Mediation Training Course, June 2009 Arbitrator Training Sponsored by New York Courts for Attorney Fee Disputes, 1-day, June 2008
- Simmons v. Omohundro, et al, Judgment in excess of $4 million entered after two and a half week federal court jury trial on claims of breach of joint venture, breach of fiduciary duty, unjust enrichment and quantum meruit, 2011
- Bell v. Helmsley - $11 million jury verdict in sexual orientation discrimination lawsuit brought by Hotel General Manager against Leona Helmsley, 2003
- One of 28 women and the only attorney, selected as the recipient of an award for founding a successful, innovative, and respected business, Accomplished Woman Entrepreneur, 914 Inc, Magazine, 2011
- Lawyer of the Year, Litigation and Dispute Resolution, White Plains , Corporate Livewire Global Awards, 2014
- Award for Community Service, Peter Perlman Service Award, Litigation Counsel of America, 2013
- Trial Lawyer Honorary Society , Fellow, Litigation Counsel of America, 2011
- Art Repatriation
- Real Estate
Last Updated: 5/15/2022