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AlanPeterman

He | Him | His

Partner

"The most important aspect of my profession is to understand the client's needs and do everything to fulfill them in the most efficient manner possible."

Overview

Biography

With over 25 years of experience in labor and employment law, Alan represents employers in litigation, arbitration, and negotiations in the private and public sectors. He has appeared before the National Labor Relations Board and the Public Employment Relations Board, and argues labor and employment issues before the US Court of Appeals for the Second Circuit and other appellate courts as well in federal and state court.

As a former general contractor and engineer, Alan brings deep industry knowledge in representing owners, contractors, and suppliers in various aspects of construction claims, including mechanics’ liens and construction-defect litigation. He also handles complex multidistrict products-liability litigations and defends product manufacturers in other products-liability claims.

Alan additionally has extensive experience handling transportation matters involving damage claims under the Carmack Amendment and litigation issues between shippers, freight forwarders, and carriers as well as representing municipalities in land-claim disputes with Native American tribes.

Bar Associations

  • New York State Bar Association, Labor & Employment Section

Selected Memberships & Affiliations

  • Defense Research Institute
Experience

Representative Experience

  • Defended a $500,000 construction claim against a client that involved the construction of a national-chain home-improvement store in Virginia and, after a six-day bench trial, obtained a $300,000 judgment on the client’s counterclaim.
  • Defended a sexual harassment and retaliation claim under Title VII of the Civil Rights Act of 1964 in a federal court trial in the Southern District of New York. The trial resulted in the jury dismissing the harassment claim but finding for the plaintiff on the retaliation claim. The post-trial motion resulted in the dismissal of the retaliation claim—a decision affirmed on appeal by the US Court of Appeals for the Second Circuit.
  • Defended a major mining company against a damages claim under Section 240 of the NY Labor Law. After a three-day trial, the jury awarded less than $100,000 in damages to the plaintiff, who suffered a fractured femur from falling in a mine.
  • Represented an insurance company against a coverage claim for a construction defect in the construction of a New York City building. Obtained summary judgment dismissing the coverage claim against the client based on exclusions in the policy and a lack of notice of occurrence or notice of claim.
  • Successfully obtained a dismissal of a premises liability action against an insurance company after the trial in which the plaintiff sought over $1 million in damages. 
  • Obtained a successful dismissal of a sexual discrimination charge brought by an employee before the NYS Division of Human Rights.
  • Obtained a dismissal of a same-sex sexual harassment claim after trial and the motion for judgment, notwithstanding the verdict.
  • Defended a retaliation charge for engaging in protected activity under the Taylor Law.
  • Defended a homeowner against claims he caused serious injuries to the plaintiff while operating his lawn mower. There was an ongoing boundary line dispute between the plaintiff and the defendant. Following a bifurcated jury trial, the jury returned a unanimous verdict in favor of the defendant, finding that he was not negligent.

Prior Experience

  • Hiscock & Barclay, LLP, Partner

Selected Community Activities

  • Central New York Ronald McDonald House, Board of Directors, President and Former First Vice President

Selected Honors

  • Selected to Super Lawyers Upstate New York: Employment & Labor, 2007–2008 and 2011–2018
  • Selected to Super Lawyers Upstate New York: Torts & Products Liability Defense, 2007–2008 and 2011–2018
Knowledge

Selected Speaking Engagements

  • New York State Association of Towns Annual Meeting, “Why Indian Law is Important to Towns in New York”
  • National Business Institute and New York State Bar Association, “Employment Law and Discrimination Issues”
  • Sterling Education Services Seminar, “Human Resources Law Update in New York”

Selected Media

  • Developing Labor Law, Contributing Editor
  • New York State Bar Association Labor & Employment Law Section Newsletter, “Recent Developments Under the NY Human Rights Law, Including Reasonable Accommodation Requirements”

Selected Alerts & Blog Posts

Featured Media

Alerts

US Supreme Court Shrinks Federal Authority Under the Clean Water Act

Alerts

Supreme Court Strikes Down Taxing Authorities' Right to Retain Surplus Monies in "Strict Foreclosures"

Alerts

Appellate Division, Third Department, Denies Appeal and Upholds Office of Renewable Energy Siting Regulations

Alerts

NYS Public Service Commission Formally Initiates Proceeding to Establish What Constitutes "Zero Emission" Under the CLCPA

Alerts

NYS Appellate Court Dismisses Common Law Claims Against Contractor for Injuries Sustained by "Special Employee"

Alerts

Child Victim Act Complaint Dismissed for Failure to Sufficiently Allege Special Duty

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