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RobThorpe

Partner

"I'm not a potted plant. I'm here as the lawyer, that's my job." —Brendan V. Sullivan Jr., Esq.

Overview

Biography

Rob counsels and represents employers in all types of labor and employment matters, including, issues concerning workplace discrimination, harassment, and retaliation; hiring and termination strategies; employee benefit programs; and wage-and-hour matters.

Rob handles state and federal department of labor audits and investigations and litigates employment-related matters in federal and state courts and before the US Equal Employment Opportunity Commission and the NYS Division of Human Rights. In addition, he counsels clients on a variety of business issues, including employment agreements, restrictive covenants (confidentiality, noncompetition, and nonsolicitation agreements), employee handbooks and related policies, settlement and separation agreements, employee theft and misappropriation of trade secrets, and general compliance with labor and employment laws.

Rob counsels businesses on website accessibility compliance, and he frequently defends clients in lawsuits brought in federal and state courts under the Americans With Disabilities Act and the NYS Human Rights Law. 

Rob also represents individuals and businesses in a variety of commercial litigation matters, and he regularly provides counsel to not-for-profit institutions, including health care, higher education, and child care clients, in matters involving regulatory compliance, contract disputes, disciplinary issues,  government investigations, and tort actions.

In addition to his practice, Rob serves as the firm's hiring partner.

Bar Associations

  • Onondaga County Bar Association, Board Member
  • New York State Bar Association
  • Northern District of New York Federal Court Bar Association, Public Relations and Membership Committee Member

Selected Memberships & Affiliations

  • Syracuse City Court Small Claims Arbitration Program
Experience

Representative Experience

  • Regularly provides counsel and litigation support to employers regarding restrictive covenants and trade-secret-misappropriation disputes.
  • Frequently provides training and education seminars to employers on a variety of labor and employment issues.
  • Counseled multiple employers in connection with pending or threatened website-accessibility litigation under the Americans With Disabilities Act, the NYS Human Rights Law, the NYS Civil Rights Law, and the NYC Human Rights Law.
  • Obtained pre-answer dismissal of breach of contract, tortious interference, intentional infliction of emotional harm, and defamation claims brought against a not-for-profit corporation, its board of directors, and two of its employees.
  • Negotiated a comprehensive executive-employment agreement for a not-for-profit organization.
  • Represented a municipality in arbitration concerning an employee disciplinary matter involving workplace violence.
  • Obtained numerous no probable cause determinations for employers in the defense of discrimination, retaliation, and harassment claims before the NYS Division of Human Rights.
  • Obtained summary judgment in favor of an employer and two individual defendants in an alleged age-discrimination and retaliation case, and subsequently prevailed on appeal to the US Court of Appeals for the Second Circuit.
  • Obtained summary judgment in favor of an employer in an alleged disability discrimination case.
  • Obtained a no probable cause determination for a public university in an alleged race and national origin discrimination case before the NYS Division of Human Rights.
  • Representing a not-for-profit rural health care enterprise in restructuring and corporate governance matters.

Prior Experience

  • Hancock Estabrook, LLP, Associate

Selected Community Activities

  • Le Moyne College Dolphin Athletic Association, Vice President and Outreach Committee Chair
  • Onondaga County Volunteer Lawyers Project, Volunteer Attorney
  • Sedgwick Farm Tennis Club, Board Member
  • Le Moyne College Dolphin Athletic Association, Past President

Selected Honors

  • Best Lawyers: Ones to Watch in America®: Commercial Litigation, 2023–2024; Labor and Employment Law – Management, 2023–2024
  • Selected to Super Lawyers Upstate New York: Employment & Labor, 2023
  • Selected to Super Lawyers Upstate New York Rising Stars: Employment & Labor, 2019–2022
  • New York State Bar Association, Empire State Counsel Honoree, 2013
  • CALI Excellence for the Future Award: Employment Discrimination, 2010
Knowledge

Selected Speaking Engagements

  • NY Medical Group Management Association Medical Practice Leaders Conference, “Employment Law: Current Hot Topics and Risks to Your Practice”
  • Oryx Insurance Risk Management Conference, “Termination of Employees on Medical Leave”
  • Accounting & Financial Women’s Alliance, “Employment Law 101”
  • YMCA Human Resources Forum, “Sexual Harassment Update”
  • Associated Builders & Contractors, Inc., “Common Employer Misconceptions”

Selected Media

  • NY Daily Record, "ADA Tester Case Dismissed by US Supreme Court"
  • NY Daily Record, "ADA Accessibility Lawsuit Reaches the Supreme Court"
  • The Economist, "An Explosion of Lawsuits Is Not Making Websites More Accessible"
  • MJBizDaily, "ADA Compliance Experts Offer Tips to Make Cannabis Websites Accessible"
  • Sports Lawyers Journal, “Way Out in Left Field: Crespin v. Albuquerque Baseball Club Rejects Nearly 100 Years of American Jurisprudence by Declining to Adopt the Baseball Rule in New Mexico”

Selected Alerts & Blog Posts

Selected Podcasts

Featured Media

Alerts

EPA Lists Two New "Forever Chemicals" Under CERCLA

Alerts

NYS Governor Hochul Announces Final RFP for New Certified Community Behavioral Health Clinics

Alerts

The Second Department Affirms Successful Storm in Progress Defense of Slip and Fall Case

Alerts

The New York FY 2025 Budget – CDPAP FIs Under Threat

Alerts

Website Accessibility Lawsuits: Several "Tester" Plaintiffs—Anderson, Beauchamp, Murray, Angeles, Monegro, and Bullock—Targeting Businesses in Recent Flurry of Lawsuits

Alerts

Updated Bulletin on Tracking Technologies in the Health Care Industry

We're Growing in DC!

We’re excited to announce Barclay Damon’s combination with Washington DC–based Shapiro, Lifschitz & Schram. SLS’s 10 lawyers, three paralegals, and four administrative staff will join Barclay Damon while maintaining their current office in DC’s central business district. Our clients will benefit from SLS’s corporate, real estate, finance, and construction litigation experience and national energy-industry profile, and their clients from our full range of services.

Read More

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