Benjamin Davis Weisenberg's Legal Cases (4)

Employment and labor

Non-compete Litigation

Mar 21, 2016

OUTCOME: Temporary Restraining Order and Preliminary Injunction Denied.

New York City business sued former employee for breach of an Employment Agreement containing a Non-Compete clause. Employer filed a Temporary Restraining Order with a request for a Preliminary Injunct ... ion seeking to prohibit Employee from continuing at Employee's new job. Prepared and submitted reply papers on emergency 24 hours notice. Protected Employee from losing the right to go to work pending the lawsuit.

Commercial real estate

Non-Profit Commercial Debt Collection Defense

Aug 19, 2015

OUTCOME: Settlement Terms Agreed Upon By The Parties

A non-profit was sued for the collection of outstanding debt from a licensing agreement. I was able to successful negotiate a settlement for the Non-profit that was at a significantly reduced total ... figure and that was agreeable to all parties involved.

Litigation

Allegations of Wage Theft

Jun 12, 2015

OUTCOME: Settlement Terms Agreed Upon By The Parties

A small business was alleged to have violated the Fair Labor Standards Act and the Labor Laws of the State of New York. The initial damages tables submitted by the Plaintiff's counsel were in the high ... six figures. Through the use of a wide range of discovery tools and tactics, the parties reached settlement terms at just over 3% of the initial damages tables.

Immigration

Employment Based Adjustment For Skilled Worker And Derivatives

Oct 24, 2014

OUTCOME: State Side Adjustment For Skilled Worker and Derivatives

A skilled worker visa holder was claiming to be protected under Section 245(i) of the Immigration and Nationalization Act, but did not have the documentation to establish he previously filed in time to ... qualify for protection. The skilled worker had consulted with multiple attorneys over a period of 14 years, and was routinely told his case would forever be stuck in limbo. I worked with the skilled worker to track down his old Department of Labor documents demonstrating he had in fact filed in time for Section 245(i) eligible which all other attorney's believed to have been lost forever. Completed the adjustment stateside despite USCIS's continued and persistent questioning of Section 245(i) protection.

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