M. Elaine Jacoby concentrates her practice in the areas of employment law and civil litigation.

Ms. Jacoby has litigated employment cases in federal and state courts and before administrative agencies involving claims of discrimination and other violations of federal and state equal opportunity laws, wrongful discharge, defamation and other workplace torts, whistle-blower claims, alleged trade secrets violations and restrictive covenants. She provides advice, counsel and training in compliance with equal opportunity laws to a wide range of business clients. She also has litigated complex cases involving professional liability, consumer class actions, property valuation and other commercial real estate issues, lender liability, RICO and other financial institution issues.

Ms. Jacoby is a former co-chair of the Employment and Labor Relations Law Committee of the Section of Litigation and a member of the Labor and Employment Law Section of the American Bar Association. She also is a member of the Labor and Employment Law and Women in the Profession sections of the New Jersey State Bar Association. She has served as a court approved mediator, as well as chair and member of a Fee Dispute Panel of the New Jersey Supreme Court Ethics Committee.

Admitted to practice in New Jersey, she is a frequent speaker at legal and trade association conferences, a member of the adjunct faculty at Rutgers-Newark School of Law and has published a number of articles on litigation management, employment law and business torts. She is the author of a volume on EEO compliance, published in 1993 and updated annually as part of West Group's Corporate Compliance Series. She is a 1975 graduate of Rutgers-Newark School of Law, holds a master's degree from The Ohio State University and is a magna cum laude graduate of Mount Holyoke College, where she was elected to Phi Beta Kappa.

Representative Matters

    Employment Litigation

  • Moreau v. Air France: This case arose under the FMLA but had broad implications for employers throughout the U.S. under the FLSA and other statutes: the plaintiff sought a broad interpretation of the "joint employer" concept in order to expand employer liability where the number of employees in a particular location did not reach the threshold level for coverage. We prevailed both in the trial court and in the Ninth Circuit.
  • Haderer v. Dames and Moore, et al.
  • Subbe-Hirt v. Prudential Insurance Co. of America, et al.
  • Boyarsky v. University of Medicine and Dentistry of New Jersey, et al.
  • Parker v. M&T Chemicals, et al.
  • Gimello v. Agency Rent-A-Car
  • Civil Litigation

  • FDIC v. Young: One of the cases arising out of the S&L failures, this was an action for fraud and other violations of fiduciary duty by the officers and directors of a New York savings and loan association, which was settled after a favorable ruling in federal court for the Southern District of New York.
  • FDIC v. Bandura, et al.: Represented FDIC in federal court in complex litigation arising out of failed Nassau Savings & Loan Assn. FDIC asserted claims of breach of fiduciary duty and negligence by directors and officers; negligence and malpractice by related professionals, including two law firms, several appraisal firms and a loan broker; and fraud by major borrowers. Five years of litigation resulted in recovery of approximately $9 million for FDIC and favorable resolution of numerous hotly-contested issues, including enforcement of $3.5 million settlement agreement with Pennsylvania law firm that represented Nassau.
  • Subbe-Hirt v. Prudential Insurance Company of America, et al.: Defended Prudential in law suit by former employee alleging sex discrimination and tort claims. Successfully removed action to federal court, which granted summary judgment on federal labor law and tort claims and issued order compelling NASD arbitration of state law discrimination claim. In 10-day arbitration proceeding, company and individual defendant were found not liable. Arbitration order upheld by federal district court and Third Circuit but district court's summary judgment on state law tort claim of intentional infliction of emotional distress reversed and remanded (published opinion). Successful in obtaining order from state court compelling arbitration of remanded claim by same NASD panel that had ruled on discrimination claim, after which case settled.
  • Parker v. M & T Chemicals, Inc.: Defended company and individual executives in first trial under state whistleblower law, where plaintiff was former in-house counsel. Prior to trial, case went to Appellate Division on issue of attorney-client privilege (published opinion). At trial, company and vice-president found not liable; general counsel found liable.

Admissions

  • New Jersey
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern District of New York

Education

  • Rutgers School of Law - Newark, J.D., 1975

Experience

  • Duane Morris LLP
    - Of Counsel, 2005-present
    - Partner, 1999-2005
  • Hill Wallack, Princeton, New Jersey
    - Partner, 1995-1999
  • Epstein Becker & Green, P.C., Newark, New Jersey
    - Partner, 1987-1995
  • Beneficial Management Corporation, Peapack, New Jersey
    - Assistant Vice President and Associate Counsel, 1980-1987
  • Carpenter, Bennett & Morrissey, Esquires, Newark, New Jersey
    - Associate, 1975-1980

Professional Activities

  • American Bar Association
    - Section of Litigation
    -- Co-Chair, Employment and Labor Relations Law Committee, 1988-1991
    -- Vice Chair, Committee on Corporate Counsel, 1986-1988
    - Labor and Employment Law Section
  • Rutgers-Newark School of Law
    - President, Alumni Association, 2002-2003
    - Member, Adjunct Faculty, 1983-1986; 2000-2003
  • New Jersey State Bar Association
    - Labor and Employment Law Section
    - Women in the Profession Section
  • New Jersey Supreme Court Ethics Committee
    - District V Fee Arbitration Panel, 1991-1995

Honors and Awards

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Board Memberships

  • Alice Paul Centennial Foundation

Selected Publications

  • "Designing an Effective Equal Employment Opportunity Compliance Program," Vol. 7, Clark Boardman Callaghan's Corporate Compliance Series, 1993-2002
  • "Encouraging Compliance with EEO Laws, "New Jersey Law Journal, September 16, 2002
  • "Third Circuit Eases Obstacles to Reverse-Bias Suits," New Jersey Law Journal, March 27, 2000
  • "3d Circuit Eases Obstacles to Reverse Bias Lawsuits," The National Law Journal, January 17, 2000
  • "Affirmative Action: Here Today, Where Tomorrow?" New Jersey Law Journal, 1997
  • "Employee Duty of Loyalty," American Bar Association's Section of Litigation, 1996
  • "A Guide to Handling Sexual Harassment Claims in the Workplace," Corporate Counsel's Quarterly, April 1992
  • "Holes in the Glass Ceiling: Revitalized Remedies Under Title VII," American Bar Association's Section of Litigation, 1991, New Jersey Law Journal, July 1991
  • "Protection of Employers in an Era of Shifting Employee Loyalties," The Journal of Proprietary Rights, October 1990, "Managing the Litigator," The Corporate Litigator, 1988-1989
  • Co-Author, "How to Defend a Wrongful Discharge Suit: The Inside/Outside Counsel Team," American Bar Association National Institute, 1987
  • "A Litigator's Guide to the Equal Credit Opportunity Act," 1980 Personal Finance Law Quarterly Report, Summer 1980
  • Co-Author, "Pupil Testing: A Legal View," Phi Delta Kappan, December 1977
  • Co-Author, "Parents and Schools: Rights and Responsibilities (An Analysis of New Jersey School Law),"Advocates for Education, September 1976

Selected Speaking Engagements

  • Americans with Disabilities Act Conference, New Jersey Institute of Continuing Legal Education, New Brunswick, New Jersey, October 1999
  • "Prevention of Sexual Harassment Claims," New Jersey Institute Continuing Legal Education, New Brunswick, New Jersey, October 1998
  • "Designing an Effective Equal Employment Compliance Program," ABA-ALI Preventive Law Seminar, Washington, D.C., 1994