Biography

BARRY ASEN is a Member of the Firm in the Labor and Employment practice, in the firm's New York office. Mr. Asen counsels and litigates on behalf of clients in such diverse industries as television news and entertainment, securities, publishing, insurance, manufacturing, and health care. Along with the firm's co-founder, Ronald M. Green, he is a pioneer of the use of preemptive litigation and the Declaratory Judgment Act to protect clients' business interests against current or former employees who threaten litigation based on extortionate demands or who seek to compromise confidential or proprietary information.

Mr. Asen has successfully represented large and small corporate clients in hundreds of lawsuits, arbitrations, and administrative proceedings covering a broad range of employment and labor issues including age, race, religious, national origin, disability, sex discrimination and harassment, FMLA disputes, and wrongful discharge, breach of contract, and defamation actions. He has conducted numerous jury and bench trials and represents clients before the American Arbitration Association, the Financial Industry Regulatory Authority (FINRA), and governmental administrative agencies, including the EEOC and NLRB. Notable recent decisions include:

  • Lampros v. Banco do Brasil, 2013 WL 5878590 (2d Cir. 2013), affirming, 2012 WL 6021091 (S.D.N.Y. 2012) (summary judgment affirmed; Risk Manager's claims for national origin discrimination, retaliation, and promisory estoppel dismissed);
  • Dao v. Oppenheimer Funds, 2013 WL 1164908 (2d Cir. 2013), affirming, 2012 WL 1681355 (S.D.N.Y. 2012) (summary judgment affirmed; employee's claims for race and national origin discrimination and retaliation dismissed);
  • Anderson v. Davis Polk & Wardwell LLP, 850 F.Supp. 2d 392 (S.D.N.Y. 2012) (motion to dismiss 8 of 9 claims granted); 2013 WL 1809443 (S.D.N.Y. 2013) (summary judgment granted on final claim);
  • Tu v. Oppenheimer Funds, 2012 WL 516837 (S.D.N.Y. 2012) (summary judgment granted dismissing employee's claims for national origin, race, and sex discrimination as well as retaliation);
  • EEOC v. Fox News Network, 2011 WL 3734214 (D.D.C. 2011) (Fox News' motion for summary judgment granted where EEOC sued on behalf of on-air reporter who alleged retaliation);
  • Nyack Hospital v. Moran (S.D.N.Y. 2010) (employee's claims for sexual harassment, gender discrimination, and retaliation dismissed on motion);
  • Caralp v. Credit Agricole Cheuvreux (Sup. Ct. N.Y. Co. 2009) (summary judgment for defendants in case involving claims for disability, pregnancy and sex discrimination, sexual harassment and retaliation);
  • Nesbit v. USI Insurance Services (Sup. Ct. West. Co. 2009) (summary judgment granted dismissing age discrimination claim brought by head of human resources department);
  • Barcellos v. Robbins (Deutsche Bank), 50 A.D.3d 934 (2d Dep't 2008) (employee's claim for tortious interference with employment relations against employer and supervisors dismissed as a matter of law);
  • Levin v. GFI Securities (FINRA Arbitration 2008) (general counsel's breach of contract and wrongful discharge claims dismissed, and employer awarded $375,000 in attorneys' fees and costs);
  • Krist v. Oppenheimer Funds, 2007 WL 4624023 (Sup. Ct. N.Y. Co. 2007) (summary judgment awarded to employer on employee's disability discrimination claim) and 2006 WL 2422674 (S.D.N.Y. 2006) (summary judgment awarded to employer on employee's age discrimination claim); and
  • Giannone v. Deutsche Bank (S.D.N.Y. 2006) (jury verdict for employer in employee's sex discrimination case).

In the human resources arena, Mr. Asen advises clients on employee handbooks and personnel policies and conducts sexual harassment prevention seminars, employment law seminars, and supervisory training programs.

Mr. Asen regularly conducts legal writing workshops for the firm's associates and has been repeatedly recognized by the publication New York Super Lawyers in the area of employment and labor law.

He also is coauthor of N.Y.C. Human Rights Law Warrants High Court's Wisdom (Employment Law360, Feb. 13 and 21, 2013), The Reemergence of Discrimination Class Actions: Guidance for Rational Employers (Bureau of National Affairs 2010), and Circuit City Stores, Inc. v. Adams: The End of the Long and Winding Road to a National Policy Favoring Arbitration of Employment Claims (The Journal of American Arbitration 2002).

Before joining EBG, Mr. Asen spent 18 years as a partner at a New York firm, exclusively practicing employment and labor law. He is a sports enthusiast and an avid collector of antique photographic postcards of New York City.

Education

  • Georgetown University Law Center (J.D., 1973)
  • State University of New York (B.S., 1970)
    • at Buffalo

Court Admissions

  • Supreme Court of the United States
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of New York

Bar Admissions

  • New Jersey
  • New York

Memberships

  • American Bar Association, Labor and Employment Law Section
  • American Bar Association, Litigation Section