BARRY ASEN is Of Counsel in the Employment, Labor & Workforce Management 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, law, 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, JAMS, the Financial Industry Regulatory Authority (FINRA), and governmental administrative agencies, including the EEOC, the NYS Human Rights Division, the NYC Human Rights Commission, and the NLRB. Notable recent decisions include:
- Martinez v. Davis Polk & Wardwell LLP, 2017 U.S. App. LEXIS 23444 (2d Cir. 2017), aff’g, 2016 U.S. Dist. LEXIS 130660 (E.D.N.Y. 2016) (summary judgment dismissing employee's claims for national origin discrimination and retaliation);
- Valentin v. Fox Business Network, 2016 N.Y. Misc. LEXIS 699 (Sup. Ct. N.Y. County 2016) (summary judgment granted dismissing employee's claims for hostile environment, salary discrimination, and discriminatory and retaliatory termination);
- 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, 806 F.Supp. 2d 128 (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. County 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); and
- Krist v. Oppenheimer Funds, 2007 WL 4624023 (Sup. Ct. N.Y. County 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).
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. He was recommended by The Legal 500 United States, in the area of Labor and Employment Disputes (Including Collective Actions): Defense, and selected to the New York Metro Super Lawyers list eleven times since 2007 in the areas of Employment & Labor as well as Employment Litigation: Defense.
He also is coauthor of N.Y.C. Human Rights Law: "Equal Opportunity" Offender (Employment Law360, June 9, 2016), 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.
- Georgetown University Law Center (J.D., 1973)
- State University of New York (B.S., 1970)
- at Buffalo
- 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
- New Jersey
- New York
- American Bar Association, Labor and Employment Law Section
- American Bar Association, Litigation Section