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Davida S. Perry
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Davida S. Perry

Practice areas:

Discrimination, Employment & Labor, Sexual Harassment, Litigation

About Me

Davida S. Perry has been a civil litigator since 1986 and holds the distinction of an "AV" rating with Preeminence from Martindale-Hubbell. Ms. Perry was selected and honored as a Super Lawyer in 2009. In 1994, Ms. Perry and her father, Murray Schwartz, created the partnership of Schwartz & Perry LLP. Since the firm's inception, Ms. Perry has devoted her efforts almost exclusively toward representing victims of unlawful employment discrimination, including age, disability, gender, race, sexual orientation and pregnancy discrimination as well as sexual harassment.


 


Ms. Perry worked alongside her father in the landmark sexual harassment case of Thoreson v. Penthouse Magazine and Robert Guccione. In Thoreson, the finding of sexual harassment was sustained on appeal by both the Appellate Division and the Court of Appeals, which set a significant precedent that a claim of sexual harassment can be established based on the victim's testimony alone. Ms. Perry assisted in the briefing and argument of both appeals.


 


In 1991, the City of New York enacted its own Human Rights Law authorizing a private cause of judicial action for victims of employment discrimination. The New York City law was challenged in Bracker v. Cohen, a sexual harassment case in which Schwartz & Perry LLP represented the plaintiff. Ms. Perry was significantly involved in responding to the challenge to the law, which was ultimately found to be constitutional. As a result, a multitude of cases have been instituted under that law.


 


Notably, Ms. Perry served as Second Chair during the trial of McIntyre v. Manhattan Ford, a sexual harassment, retaliation and intentional infliction of emotional distress suit. A Manhattan jury awarded the plaintiff $6.6 million, which, even after being reduced by the trial court and then by the appellate court, still stands as one of the highest awards for sexual harassment in the entire nation. The case, after trial, continued through the appellate process and was concluded, with the judgment paid, in 1999. Ms. Perry participated in all aspects of the appeal. The plaintiff in McIntyre, as well as Ms. Perry and her father, were celebrated at a ceremony for Courageous Plaintiffs conducted by the New York chapter of the National Employment Lawyers Association.


 


In June 2006, following a two-week trial in the United States District Court for the Southern District of New York, the jury returned a verdict in favor of a client of Schwartz & Perry LLP in the amount of $2.5 million, of which $300,000 was an award for punitive damages. The verdict was based upon a retaliation claim arising from the plaintiff's allegation of age discrimination. Since the action was brought under the New York City Law and was removed to Federal court, the amount was not subject to the Federal cap. After adding damages and interest, the amount of the final judgment paid totaled nearly $4 million. Ms. Perry had an active role throughout the case.


 


Ms. Perry has co-authored numerous articles and publications for programs sponsored by the New York State Bar Association, the National Employment Lawyers Association and the Practising Law Institute.


 


More than 10 years ago, the firm developed a Summer legal internship program at the request of a New York law school. The initial programs were so successful that the firm initiated on-going legal internship programs throughout the academic year as well. In 2008, Schwartz & Perry LLP was joined by 24 students from nine law schools in the New York and New Jersey areas. Ms. Perry takes an active role in mentoring future lawyers through the firm’s legal internship program.

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Practice Areas

Licensed since 1986

  1. Litigation: 25%
  2. Sexual Harassment: 25%
  3. Employment & Labor: 25%
  4. Discrimination: 25%

Payment

Fees:

Free Consultation (60 minutes)

Payment Types:

Check

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Contact Info

Schwartz & Perry, LLP

295 Madison Avenue
New York, NY, 10017

Resume

License
StateStatusAcquiredUpdated
NYCurrently registered 198603/13/2015
MAInactive198604/14/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
Super LawyerSuper Lawyers2015
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2015
Super LawyerSuper Lawyers2014
Top 50 Women Attorneys in the New York Metro AreaNew York Magazine2014
AV Peer Review RatingMartindale-Hubbell2014
AV Peer Review RatingMartindale-Hubbell2013
New York's Top 50 Women Attorneys in the New York Metro AreaNew York Magazine2013
Top 50 Women Attorneys in the New York Metro AreaNew York Super Lawyers2013
New York Super LawyerNew York Super Lawyers2013
Top 50 Women Attorneys in New York Metro AreaNew York Super Lawyers2012
AV Peer Review RatingMartindale-Hubbell2012
New York Super LawyerNew York Super Lawyers2012
New York's Women Leaders in the LawNew York Magazine2012
Top Northeast LawyersArrive Magazine2011
AV Peer Review RatingMartindale-Hubbell2011
New York Super LawyerNew York Super Lawyers2011
New York Super LawyerNew York Super Lawyers2010
AV Peer Review RatingMartindale Hubbell2010
AV Peer Review RatingMartindale-Hubbell2009
New York Super LawyerNew York Super Lawyers2009
Courageous Plaintiffs' AwardNational Employment Lawyers Association1999
Excellence in Constitutional LawAmerican Jurisprudence Award1984

Work Experience
TitleCompany NameDuration
PartnerSchwartz & Perry LLP1994 - Present

Associations
Association NamePosition NameDuration
National Association of Women LawyersMember2009 - Present
National Employment Lawyers Association (New York chapter)Member2006 - Present
New York State Bar AssociationMember1999 - Present

Legal Cases
Case NameOutcome
Insinga v. Cooperative Centrale Raiffeisen Boerenleenbank B.A.$2.5 Million Awarded to Plaintiff
McIntyre v. Manhattan Ford, Lincoln Mercury$6.6 Million Awarded By Jury
Thoreson v. Penthouse Magazine and Robert GuccioneN/A

See all Legal Cases 

Publications
Publication NameTitleDate
Lawline.comSexual Harassment & The New York City Human Rights Law2012
National Employment Lawyers AssociationSexual Harassment in the New Millennium: The Impact of Faragher and Ellerth2002
Practising Law InstituteHow to Handle Your First Employment Discrimination Case1999
New York State Bar Association Labor and Employment Law JournalTrial Motions: Advantages and Considerations1998
National Employment Lawyers AssociationCounsel's Investigation and Retainer Agreements1998
Practising Law InstituteClaims for Damage to an Employee's Reputation and Future Employment Opportunities1998
New York State Bar AssociationStrategies for Settlement1997

Education
School NameMajorDegreeGraduated
New England School of LawLawJD - Juris Doctor1985
Skidmore CollegeN/ABA - Bachelor of Arts1982

Speaking Engagements
Conference NameTitleDate
Lawline.comSexual Harassment & The New York City Human Rights Law2012