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AriKwiatkowski

She | Her | Hers

Counsel

"I would like to be remembered as someone who used whatever talent she had . . . to the very best of her ability." —Ruth Bader Ginsburg

Overview

Biography

As a member of the firm’s Labor & Employment Practice Area, Ari counsels businesses in investigating complaints of employee misconduct and discrimination. She also defends employers in discrimination-related matters before the Equal Employment Opportunity Commission (EEOC), the New York State Division of Human Rights, and in state and federal courts. A trained litigator, Ari also represents businesses in breach-of-contract and restrictive covenant litigation.

Ari concentrates a portion of her practice on representing employers with unionized workforces in labor arbitration hearings and post-arbitration litigation. She also assists businesses to ensure compliance with state and federal laws concerning a variety of employment-related issues, including employee applications, contracts, and workplace policies.

Ari’s experience in the insurance industry prior to attending law school gives her a unique perspective in defending personal injury and legal malpractice actions.

In addition to her legal practice, Ari hosts Barclay Damon Live: Labor & Employment Podcast. Each week, she welcomes guests to unpack hot topics and discuss new developments in labor and employment law.

Ari also serves as chair of the firm's Next Generation Committee and is a member of the Buffalo office Diversity Leadership Team.

Bar Associations

  • Bar Association of Erie County
  • Women's Bar Association of the State of New York

Selected Memberships & Affiliations

  • Barclay Damon’s Women’s Forum
Experience

Representative Experience

  • Successfully obtained summary judgment in a toxic-exposure and NYS Labor Law case with significant injuries claimed.
  • Successfully obtained summary judgment dismissal on behalf of a commercial-property owner in premises-liability cases.
  • Successfully obtained summary judgment in a NYS Labor Law case with intricate Workers’ Compensation Law issues.
  • Successfully obtained summary judgment in a toxic exposure and inhalation case with products liability and NYS Labor Law claims.
  • Former employee filed sexual harassment claims (hostile work environment and quid pro quo) with the United States Equal Employment Opportunity Commission. After investigation, the United States Equal Employment Opportunity Commission concluded that there was insufficient evidence to establish a violation of Title VII of the Civil Rights Act.

Prior Experience

  • Damon Morey LLP, Summer Associate
  • Erie Community College to Kristin Klein Wheaton, Law Clerk
  • GEICO Insurance Agency, Insurance Agent

Selected Community Activities

  • Lawyers for Learning, Tutor

Selected Honors

  • Best Lawyers: Ones to Watch in America™: Insurance Law and Product Liability Litigation – Defendants, 2021–2023
  • Selected to Super Lawyers Upstate New York Rising Stars: Personal Injury Products: Defense, 2020–2021; Employment & Labor, 2022

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