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Murray Schwartz

Murray Schwartz

Practice areas:

Discrimination, Employment & Labor, Sexual Harassment, Wrongful Termination

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About Me

Murray Schwartz has been actively and continuously practicing law since 1949. Throughout his 60 years of practice, Mr. Schwartz has been involved in several areas of law, but always with an emphasis on litigation. More than 20 years ago, he commenced directing and focusing the firm toward representing victims of employment discrimination in all its forms, including other matters relating to employment law. Mr. Schwartz’s dedication to this ideal has resulted in a successful and expanding plaintiffs’ side employment law practice in which his daughter, Davida S. Perry, joined him in 1991. The firm has grown continuously since that time.


 


From the beginning, Mr. Schwartz has been involved in a number of first impression cases which have had a lasting influence on employment law in New York. The most notable are three landmark sexual harassment cases - Bracker v. Cohen, Thoreson v. Penthouse Magazine and Robert Guccione and McIntyre v. Manhattan Ford, Lincoln Mercury.


 


In 1991, the City of New York enacted a 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, the first case brought under the law. Mr. Schwartz represented the plaintiff in oral argument, during which the defendant sought to nullify the law. When Mr. Schwartz argued the validity of the law, he was requested by the City of New York to argue on its behalf, as well. Bracker v. Cohen was a case of first impression which confirmed the validity and constitutionality of the New York City Human Rights Law, and as a result, a multitude of cases have been instituted under that law. The city law permits punitive damages and attorneys’ fees and is not subject to a cap in damages.


 


Mr. Schwartz is widely recognized as the lead trial and appellate attorney who represented the plaintiff throughout the trial in the Appellate Division, and thereafter in the Court of Appeals of New York, in the landmark 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 held that a claim of sexual harassment can be established based on the victim’s testimony alone.


 


Mr. Schwartz also represented and served as the lead trial attorney for the plaintiff in McIntyre v. Manhattan Ford, Lincoln Mercury, 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 involving the Appellate Division and the Court of Appeals and was concluded, with judgment paid, in 1999.


 


The McIntyre case continues to be cited and is significant because it helped to document a standard by which to evaluate a fair recovery for the humiliation a victim of sexual harassment can suffer. The decision of the trial court in response to a motion made following the verdict, quoting the Talmud, reminds us that "humiliation murders the soul." The plaintiff in McIntyre, as well as Mr. Schwartz and Davida S. Perry, were celebrated at a ceremony for Courageous Plaintiffs conducted by the New York Chapter of the National Employment Lawyers Association.


 


The legislative history of the New York City Human Rights Law "clearly contemplates that the New York City Human Rights Law be liberally and independently construed with the aim of making it the most progressive in the nation." In 2005, The New York City Council recognized that the New York City Human Rights Law was being interpreted similarly to comparable state and federal statutes in certain cases, despite the City Law’s clear mandate otherwise. In October 2005, the New York City Council enacted The Local Civil Rights Restoration Act of 2005 which stated that the federal law "should merely serve as a base for the New York City Human Rights Law, not its ceiling."


 


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, interest and attorneys’ fees, the amount of the final judgment paid totaled nearly $4 million. This case was tried by Murray Schwartz as the lead attorney. Davida Perry and Brian Heller also actively participated, with Mr. Schwartz, throughout the entire trial.


 


In addition to still actively practicing law, Mr. Schwartz frequently serves as a consultant for attorneys in the field of employment law across the country. He has written and lectured extensively and has also appeared as a panelist at symposiums sponsored by the New York County Lawyers’ Association, the Association of the Bar of the City of New York, the New York State Bar Association, the National Employment Lawyers Association (NELA), as well as the New York Chapter of NELA, the Practising Law Institute, St. John’s University and also Syracuse University College of Law.


 


Mr. Schwartz serves as a member of the Lawline.com faculty, which provides Continuing Legal Education for attorneys in various fields of law. Mr. Schwartz also frequently presents lectures which appear online. In addition, Mr. Schwartz has also lectured at the Marino Institute for Continuing Legal Education.


Mr. Schwartz has appeared on Fox TV and local news networks, as well as Court TV and talk shows such as Larry King Live. Additionally, Mr. Schwartz is frequently called upon by major New York newspapers to comment on employment law issues. Additionally, Mr. Schwartz served as a Pro Se attorney by designation of the United States District Court for the Southern District of New York.


 


More than 10 years ago, under the direction of Mr. Schwartz, the firm developed a Summer legal internship program initially at the request of the Benjamin N. Cardozo School of Law. 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 trained 24 students from nine law schools in the New York and New Jersey areas. In 2009, the firm is continuing to expand its legal internship program, which is already well underway.

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Practice Areas

Licensed since 1949

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

Payment

Fees:

Free Consultation (60 minutes)

Attorney Endorsements

1 total

  • Robert Walter Ottinger

    I endorse this lawyer. Murray is well known as one of the top employment lawyers in New York and has obtained some fantastic verdicts for clients. I highly recommend him.

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    Robert Ottinger Employment & Labor Attorney
    Relationship: Fellow lawyer in community

Contact Info

Schwartz & Perry LLP

295 Madison Avenue
New York, NY, 10017-6304

Resume

License
StateStatusAcquiredUpdated
NYCurrently registered 194903/13/2015

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
New York Super LawyerLaw & Politics (Publication of Key Professional Media, Inc.)2008
Million Dollar Advocates ForumMillion Dollar Advocates Forum, LLC2008
New York Super LawyerLaw & Politics (Publication of Key Professional Media, Inc.)2007
Courageous Plaintiffs Who Fought BackNational Employment Lawyers Association1999
AV Rating with PreeminenceMartindale-Hubbell1998
Elected as Associate Trial AdvocateNew York State Trial Lawyers Association1953

Work Experience
TitleCompany NameDuration
Managing PartnerSchwartz & Perry LLP1949 - Present

Associations
Association NamePosition NameDuration
National Employment Lawyers Association / New York Affiliate (NELA/NY)Member1996 - Present
MensaMember1983 - Present
New York State Bar AssociationMember, Labor & Employment Law Section1976 - Present
American Association for JusticeMember, Employment Rights Section1966 - Present
New York County Lawyers' AssociationSustaining Member1949 - Present
New York State Trial Lawyers AssociationMember1949 - 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$2.5 Million Awarded to Plaintiff
Bracker v. CohenN/A

See all Legal Cases 

Publications
Publication NameTitleDate
Human Resources Association of New YorkSexual Orientation: Unique Issues in Diversity and Inclusion2009
Marino Institute for Continuing Legal EducationEmployment Discrimination in the Workplace: How to Handle and Negotiate an Employment Discrimination Case2008
Human Resources Association of New YorkThe Irony of Age Discrimination in an Aging Workforce2008
New York County Lawyers’ AssociationThe Great Employment Debate - Are Age Discrimination Laws Necessary?2008
New York City Bar AssociationInvestigating Liability & Assessing Damages in Employment Law Claims: Identifying Methods that Have Proven Successful in Negotiating Such Claims2008
New York City Bar AssociationEmployment Law: From the Initial Interview Through the Negotiations2008
New York County Lawyers’ AssociationHow to Effectively Commence an Employment Discrimination Claim2008
Marino Institute for Continuing Legal EducationAn Introduction to Employment Law2008
New York County Lawyers’ AssociationHow to Handle and Negotiate Your First Employment Discrimination Case2007
Brooklyn Law SchoolDoes the Free Market Discourage Discrimination? Are Employment Discrimination Laws Effective and Necessary?2007
New York County Lawyers’ AssociationNo Regrets: How to Make Successful Choices During the Case Selection Process and Significantly Related Matters2007
National Employment Lawyers Association New York AffiliateSome Comments on Summation That May Prove Helpful2007
Marino Institute for Continuing Legal EducationGetting the Most Out of Your Case2007
Lawline.comThe Beginnings of Employment Law2007
New York County Lawyers’ AssociationHow to Handle and Negotiate Your First Employment Discrimination Case2007
Marino Institute for Continuing Legal EducationGetting the Most Out of Your Case2007
Marino Institute for Continuing Legal EducationTrial Strategies That Work2006
Lawline.comHow to Handle and Negotiate Your First Employment Discrimination Case2006
Lawline.comAge Discrimination2006
National Employment Lawyers AssociationLitigating Harassment Claims: Strategies for Success - Counseling and Case Selection2005
National Employment Lawyers AssociationSexual Harassment in the New Millennium2003
National Employment Lawyers Association New York AffiliateTrial Strategies That Could Work2001
Practising Law InstituteHow Employers Might Minimize the Likelihood of Employment Litigation2000
National Employment Lawyers AssociationEffective Cross-Examination Techniques1999
New York State Trial Lawyers AssociationComments Regarding the Trial Judge and the Difficult Adversary1999
Practising Law InstituteInterrogatories, Requests for Admissions and Requests for Documents in Employment Discrimination Cases1999
Practising Law InstituteHow to Handle Your First Employment Discrimination Case1999
Practising Law InstituteHandling Your First Employment Discrimination Case for the Plaintiff1998
New York State Bar AssociationTrial Motions: Advantages and Considerations1998
National Employment Lawyers Association New York AffiliateCounsel’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
Marina International Women’s MagazineSexual Harassment: Need It Be A Way of Life?1995
National Law JournalBinding Arbitration May Weaken Worker’s Rights1994

Education
School NameMajorDegreeGraduated
New York University School of LawN/AMaster of Laws1953
Brooklyn Law SchoolLawJD - Juris Doctor1949

Speaking Engagements
Conference NameTitleDate
New York County Lawyers' AssociationEmployment Discrimination: A Critical Look at Key Issues from Both Sides2009
Human Resources Association of New YorkSexual Orientation: Unique Issues in Diversity and Inclusion2009
New York County Lawyers’ AssociationThe Great Employment Debate - Are Age Discrimination Laws Necessary?2008
New York County Lawyers’ AssociationHow to Effectively Commence an Employment Discrimination Claim2008
New York City Bar AssociationEmployment Law: From the Initial Interview Through the Negotiations2008
New York City Bar AssociationInvestigating Liability & Assessing Damages in Employment Law Claims: Identifying Methods that Have Proven Successful in Negotiating Such Claims2008
Marino Institute for Continuing Legal EducationAn Introduction to Employment Law2008
Marino Institute for Continuing Legal EducationEmployment Discrimination in the Workplace: How to Handle and Negotiate an Employment Discrimination Case2008
Human Resources Association of New YorkThe Irony of Age Discrimination in an Aging Workforce2008
New York County Lawyers’ AssociationNo Regrets: How to Make Successful Choices During the Case Selection Process and Significantly Related Matters2007
New York County Lawyers’ AssociationHow to Handle and Negotiate Your First Employment Discrimination Case2007
New York City Bar AssociationHow to Handle and Negotiate Your First Employment Discrimination Case2007
National Employment Lawyers Association New York AffiliateSome Comments on Summation That May Prove Helpful2007
Marino Institute for Continuing Legal EducationGetting the Most Out of Your Case2007
Lawline.comThe Beginnings of Employment Law2007
Brooklyn Law SchoolDoes the Free Market Discourage Discrimination? Are Employment Discrimination Laws Effective and Necessary?2007
Benjamin N. Cardozo School of Law: Labor and Employment SocietyLunch with a Legend — Employment Law and Litigation2007
Marino Institute for Continuing Legal EducationTrial Strategies That Work2006
Lawline.comAge Discrimination2006
Lawline.comHow to Handle and Negotiate Your First Employment Discrimination Case2006
National Employment Lawyers AssociationLitigating Harassment Claims: Strategies for Success - Counseling and Case Selection2005
National Employment Lawyers AssociationSexual Harassment in the New Millennium2003
National Employment Lawyers Association New York AffiliateTrial Strategies That Could Work2001
Practising Law InstituteHow Employers Might Minimize the Likelihood of Employment Litigation2000
Practising Law InstituteHow to Handle Your First Employment Discrimination Case1999
Practising Law InstituteInterrogatories, Requests for Admissions and Requests for Documents in Employment Discrimination Cases1999
New York State Trial Lawyers AssociationComments Regarding the Trial Judge and the Difficult Adversary1999
National Employment Lawyers AssociationEffective Cross-Examination Techniques1999
Practising Law InstituteClaims for Damage to an Employee’s Reputation and Future Employment Opportunities1998
Practising Law InstituteHandling Your First Employment Discrimination Case for the Plaintiff1998
New York State Bar AssociationTrial Motions: Advantages and Considerations1998
National Employment Lawyers Association New York AffiliateCounsel’s Investigation and Retainer Agreements1998
New York State Bar AssociationStrategies for Settlement1997