Eric W. Ruden

Areas of Practice

• Employment Litigation
• Employment Counseling and Advice
• Wage and Hour Litigation, including Class/Collective Actions
• Labor Law and Relations
• Restrictive Covenants

Representative Matters

• Represented iAnthus Capital Holdings, Inc. as U.S. counsel in connection with its all-stock merger with MPX Bioceutical Corp., offering equity consideration to MPX shareholders valued at $1.6 billion, representing the first “public to public” merger in U.S. cannabis history.
• Represented a beauty school in a union representation petition filed by Education Minnesota; the school prevailed in the union election 14 to 10, allowing it to remain union free going forward.
• Represented a home remodeling company in obtaining summary judgment dismissal of two separate cases filed by former marketers for unpaid commissions.
• Won dismissal of two complaints alleging breach of contract and the duty of fair representation in violation of the Labor Management Relations and disability discrimination in violation of the New York State Human Rights Law in the United States District Court for the Eastern District of New York. Torres v. Pinelawn Memorial Park and Tankewiecz v. Pinelawn Memorial Park.
• Won dismissal of class action wage and hour law suit on behalf of national home remodeling company in the United States District Court for the Southern District of New York; court compelled arbitration and enforced class action waiver. Muslim v. Power Home Remodeling Company.
• Represented Intermarket Communications, Inc., a New York strategic communications consultancy, in its sale to Lansons Communications LLP, a leading London independent reputation management consultancy, to form an entity (Lansons Intermarket) with a combined annual fee income of about £13 million ($17 million). Lansons acquired an initial 51% of Intermarket in cash with the remaining 49% stake to be purchased in two additional tranches over the next three years based on business performance.
• Resolved multiple cases challenging website accessibility through voluntary dismissal and reasonable settlements.
• Defeated application for preliminary injunction on behalf of computer hardware industry company, seeking enforcement of non-compete agreement entered into with employee’s former employer, following trial in New York State Supreme Court, Albany County. Integra v. OSI Hardware.
• Conducted employment trainings for employees and management on topics including harassment and reasonable accommodations.
• Resolved labor dispute on major construction project, ending union picketing on project.
• Secured a settlement the client found favorable against former sales representative in lawsuit alleging misappropriation of confidential information and trade secrets and breach of the duty of loyalty.
• Obtained an order from the U.S. Court of Appeals for the 2nd Circuit affirming summary judgment dismissing a former employee's employment discrimination action alleging retaliatory discharge in violation of Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. Baldwin v. Goddard Riverside Community Center
• Obtained on behalf of a large grocery store chain a settlement the client found favorable in a consolidated FLSA and multi-state Rule 26 class action lawsuit alleging the failure to properly pay overtime.
• Obtained temporary restraining order against former employees, prohibiting them from soliciting customers in violation of their restrictive covenants.
• Represented global inspection and laboratory services employer in nationwide collective and class action regarding employer's use of the fluctuating workweek method to calculate overtime.
• Supervised and conducted internal investigations for management.
• Represented facilities and facilitated quick settlements in Title III ADA lawsuits.
• Represented employer in collective bargaining with health care employees.
• Represented government contractors in Department of Labor Office of Federal Contract Compliance Programs (OFCCP) audits regarding compliance with affirmative action laws.

Admissions

• New York
• New Jersey
• U.S. District Court for the Eastern District of New York
• U.S. District Court for the Southern District of New York
• U.S. District Court for the District of New Jersey
• U.S. Court of Appeals for the Second Circuit

Education

• Boston University School of Law, J.D., 2008
  - International Law Journal
• Rutgers University, B.A., with honors, 2005

Experience

• Duane Morris LLP
  - Associate, 2012-present
• Genova Burns
  - Associate, 2008-2012

Professional Activities

• New York State Bar Association

Honors and Awards

• Selected as a Rising Star New York Metro Super Lawyers, 2016-2018

Selected Publications

• Quoted, "Some Wall Street Firms Are Revaluating Policies for Drug Testing Employees. Here’s Where the Biggest Banks Stand on Testing Workers for Marijuana Use," Business Insider, May 22, 2019

• Co-author, "New York State Releases Sexual Harassment Guidance Mere Days Before Compliance Deadlines," Duane Morris Alert, October 3, 2018

• Co-author, "NLRB Withdraws Key Joint-Employer Decision," Duane Morris Alert, March 7, 2018

• Co-author, "Major NLRB Decisions Affect All Employers," Duane Morris Alert, January 8, 2018

• Author, "Current NLRB Signals Upcoming Changes to Labor Law," Duane Morris Alerts, December 14, 2017

• Author, "New York Developments Continue Trend Against Non-Competition and Non-Solicitation Agreements," Duane Morris Alerts, August 30, 2017

• Author, "Recent Independent Contractor Developments Impact All New York City Employers," Duane Morris Alert, November 17, 2016
• Co-author, "Government Agencies Take Aim at Employment-Related Agreements," The Corporate Counselor, November 1, 2016
• Co-author, "SEC Intensifies Scrutiny of Employment-Related Agreements," Duane Morris Alert, October 6, 2016
• Author, "Department of Labor's 'Persuader' Rule Greatly Expands Employers' Reporting Requirements," Duane Morris Alert, March 28, 2016
• Co-author, "Recent NLRB Developments of Which All Employers Should Be Aware," Duane Morris Alert, March 23, 2016
• Co-author, "New York City Employers Should Take Steps to Comply with City's Commuter Benefits Law," Duane Morris Alert, March 18, 2016
• Co-author, "Connecticut Supreme Court Reverses Lower Court and Finds Employer's Independent Contractors Were Properly Classified," Duane Morris Alert, March 16, 2016
• Author, "NLRB Overturns Register Guard and Holds Employee Use of Email on Nonworking Time for Union Organizing Must Presumptively Be Permitted," Duane Morris Alert, December 15, 2014
• Author, "NLRB Regional Director Allows College Football Players to Vote to Unionize," Duane Morris Alert, April 3, 2014
• Author, "New York Court of Appeals Clarifies Tip-Sharing Rules in Starbucks Case," Duane Morris Alert, July 2, 2013
• Co-author, "New York DOL Releases Proposed Wage Deduction Regulations," Duane Morris Alert, May 30, 2013
• Author, "New York City Enacts Law Prohibiting Discrimination Based on Unemployment Status," Duane Morris Alert, March 28, 2013
• Author, "NLRB Decisions Continue to Proscribe Social Media and Other Policies If They Could Arguably Be Construed to Limit Protected Concerted Activity," Duane Morris Alert, October 19, 2012
• Author, "New York Legislature Expands Permissible Wage Deductions," Duane Morris Alert, August 28, 2012

Selected Speaking Engagements

• Presenter, "Telecommuting: Key Practical and Legal Considerations," Duane Morris Institute (DMi) Webinar, December 10, 2019

• Presenter, The Rise of Accessibility Litigation: Strategies to Reduce the Risk of ADA Title III Lawsuits , Duane Morris Institute (DMi), March 26, 2019

• Presenter, New Requirements for New York Employers in the Aftermath of #MeToo, Duane Morris Institute (DMi), February 7, 2019

• Speaker, "The Rise of Accessibility Litigation: Strategies to Reduce the Risk of ADA Title III Lawsuits," Duane Morris Employment Law Seminar, December 5, 2018

• Presenter, New York Paid Family Leave – What Employers Need to Know, Duane Morris Institute (DMi), October 9, 2018

• Speaker, Business, Design & Technology Conference 2017, New York, October 19, 2017
• Speaker, Duane Morris' Developments in Workplace Law and Practice, New York, May 4, 2017
• Lecturer, "Developments in Workplace Law and Practice: Employment, Labor, Benefits and Immigration," Duane Morris Seminar, May 28, 2015
• Lecturer, "Developments in Workplace Law and Practice," Duane Morris Seminar, May 2014