Horton Management Law

Representative Matters:

Here are some of the ways I have been able to help clients in the past:

• Obtained dismissal of administrative complaints alleging religious discrimination based on termination of employment for failure to comply with New York State’s healthcare worker COVID-19 vaccination mandate
• Prevailed in contract interpretation arbitration cases overcoming past-practice arguments and resulting in significant cost savings to public employers
• Successfully defended a prominent non-profit organization in two appeals by the same former employee before the U.S. Court of Appeals for the Second Circuit
• Advised owners in mediation with employee/co-owner resulting in the transfer of full ownership to my clients
• Won dismissal of a wrongful termination claim against a hospital in a federal court action that also included a breach of duty of fair representation claim against the employee’s union
• Obtained a decision in favor of the employer following arbitration over long-time employee’s statutory claims of age discrimination and interference with protected employment retirement rights
• Successfully represented a manufacturing company in a New York State Division of Human Rights hearing, obtaining dismissal of a former employee’s race and religion discrimination claims
• Obtained discharge of a teacher as the remedy for misconduct towards students following an Education Law § 3020-a hearing
• Achieved dismissal of a former employee’s Article 78 state court proceeding challenging a school district’s elimination of his position
• Secured dismissal by the U.S. District Court for the Western District of New York of a former employee’s race and sex discrimination claims against a large hospitality company
• Won summary judgment from a New York State Supreme Court confirming that a municipality was not bound by an employment contract beyond the term of its elected board
• Obtained a favorable decision from a Public Employment Relations Board Administrative Law Judge holding that a public authority did not have an obligation to bargain over its approach to employee absences due to a significant inclement weather event

Publications:

Here are some of the articles I have written or been referenced in:

• Quoted in “Alcoholism At Work Poses Legal Minefield For Employers,” Law360 Employment Authority, 11/28/22
• Mentioned in “‘You’ve Got to Worry’: Legal Departments Struggle to Sidestep EEOC Retaliation Claims,” Corporate Counsel, 11/21/22
• Quoted in “Attorney brings firm back to ‘growth mode’ following pandemic challenges,” Buffalo Business First, 11/11/22
• Cited in “Big Labor Traps Workers in Unions They Oppose,” Newsweek, 9/5/22
• Quoted in “EEOC Sex Harassment Claims Waned After #MeToo Spike,” Law360 Employment Authority, 5/2/22
• Quoted in “House Passes PRO Act bill that includes ABC test,” Modern Shipper, 3/9/21
• Quoted in “The Future of Work: Exploring the Post-Pandemic Workplace from an Employment Law and Human Resources Perspective,” 21 U.C. Davis Bus. L.J. 257 (2020-2021) 
• Quoted in “Can employers require Covid-19 vaccinations? And other things you need to know,” Buffalo Business First, 12/22/20
• Quoted in “Getting back to work will spark new legal requirements,” Buffalo Business First, 4/15/20
• Quoted in “Workplace harassment and bullying: what to watch for and how to address it,” Buffalo Business First, 9/16/19
• Interviewed in “Sexual harassment regulations remain a focus for employment law,” Buffalo Law Journal, 5/20/19
• Mentioned in “NYS Paid Family Leave updates for 2019,” Newsday, 1/20/19
• Quoted in “Getting started: Attorneys pair up to build a practice,” Buffalo Law Journal, 11/12/18
• Quoted in “Sound Off: Paid Family Leave,” Buffalo Business First, 10/26/18
• “Federal Tax Reform Says #MeToo,” American Bar Association’s GPSolo eReport, Feb. 2018 (Featured Article)
• Quoted in “For smaller law firms, cybersecurity a biggie from the get-go,” Buffalo Business First, 1/8/18
• Quoted in “Mandatory Retirement: What You Need to Know,” Ebix – Thought Leadership in Action, 11/28/17
• Quoted in “Horton sets out on his own with law office in Southtowns,” Buffalo Law Journal, 7/11/17
• Quoted in “Management lawyer opens solo practice in OP,” Orchard Park Bee, 7/6/17
• Quoted in “Fantasy sports invade the office,” Buffalo Business First, 10/28/16
• Quoted in “Recreational activities in the workplace face increasing scrutiny by employers,” Buffalo Law Journal, 10/27/16
• Quoted in “New overtime pay rules force changes for employers,” Buffalo Business First, 7/1/16
• Quoted in “Minimum wage boost could change business model”, Buffalo Law Journal, 8/3/15
• Quoted in “Restaurant industry takes brunt of wage hike”, Buffalo Law Journal, 2/23/15
• Quoted in “Summer heats up as interns look to learn the ropes”, Buffalo Law Journal, 6/30/14
• Quoted in “Employers weigh impact of social media on hiring”, Buffalo Law Journal, 3/18/13
• Quoted in “Who really owns ‘your’ social media accounts?”, Buffalo Business First, 1/18/13
• Quoted in “Social-media ownership still a gray area”, Buffalo Law Journal, 12/13/12
• Quoted in “Facebook access in play for prospective employers”, Buffalo Business First, 4/6/12
• Quoted in “Facebook access in play for employers”, Buffalo Law Journal, 4/5/12
• Quoted in “Media-savvy attorneys go social”, Buffalo Business First, 3/16/12
• Featured and quoted in “In The Spotlight”, Buffalo Business First, 2/24/12
• Quoted in “Is there money to be made in social media?”, Buffalo Law Journal, 2/20/12
• Quoted in “Employee handbooks should address social networks”, Buffalo Business First, 5/6/11
• “Evolving technology creates challenges”, Buffalo Business First, 3/18/11
• “Risks and Rewards Substantial for Social Media Users”, Buffalo Law Journal, 3/14/11
• Quoted in “As social networks grow, company policies critical”, Buffalo Law Journal, 3/14/11
• Quoted in “Firms seek to control new means of recruiting, client contact”, The Buffalo News, 1/30/11

I welcome inquiries from media seeking comment from a Management Lawyer on labor and employment matters of general interest. Call (716-508-7748) or email me to arrange an interview.