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KSM Partners recognized as 2020 New York Metro Super lawyers

September 12, 2020. KSM is proud to announce that all four of its partners have been named to the 2020 New York Metro Super Lawyers list. Super Lawyers is a peer-ranked guide to lawyers who exemplify excellence in the practice of law and utilizes a multi-phase selection process based on a combination of peer recognition and professional achievement. Each year, only five percent of Manhattan lawyers receive this honor.

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KSM Partner Henry Saurborn Wins Summary Judgment for Gynecologist

January 30, 2020. KSM partner Henry L. Saurborn, Jr. has won a ruling in favor of the firm’s client, Dr. Marcia Harris, dismissing claims against her by her former employer, Patients Medical P.C. seeking to enforce restrictive covenants against her preventing her from practicing in Manhattan. Manhattan Supreme Court Justice Peter Sherwood granted summary judgment to Dr. Harris, finding that she did not violate the parties’ agreement because there was never a “meeting of the […]

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KSM Partners Daniel Kaiser and William Kaiser File Amended Complaint on Behalf of Epstein Rape Victim

October 8, 2019. KSM Partners Daniel Kaiser and William Kaiser filed an amended complaint expanding client Jennifer Araoz’s lawsuit against Jeffrey Epstein’s estate, naming several women who allegedly enabled the financier’s abuses and seeking to block the estate from shielding his assets from victims. Click here to read article.

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KSM partner Daniel J. Kaiser Interviewed on MSNBC Regarding Epstein Case

August 14, 2019. KSM partner Daniel J. Kaiser was interviewed by MSNBC’s Chris Jansing regarding firm client Jennifer Araoz’ lawsuit against the Estate of Jeffrey Epstein, Ghislaine Maxwell and others. To see interview click here.

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KSM Partner Henry Saurborn Wins Damages Trial for Unpaid Commissions

May 14, 2019. KSM partner Henry L. Saurborn, Jr. successfully obtained a judgment for an out-of-state sales professional for unpaid sales commissions and unused paid time off. KSM client Allison Singer, a sales manager and commissioned salesperson based in Southern California who was employed by a Long Island eye-wear manufacturer and importer, sued to collect the sales commissions and other benefits owed by her former employer. The trial court granted her summary judgment, finding that […]

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KSM Partner David Mair Co-Authored Whistleblower Article

KSM partner David Mair co-authored an article in the March 2019 edition of the CPA Journal discussing whistleblower protections for CPAs. To read article click here.

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KSM Partner Henry Saurborn Defeats Efforts to Enjoin a Physician from Practicing

February 7, 2019. KSM partner Henry L. Saurborn, Jr. has won a ruling from the New York Appellate Division, First Department, rejecting the attempts of a Manhattan medical group to prevent a gynecologist from continuing to treat her patients after leaving the medical group. The Manhattan appellate court agreed with the arguments advanced by KSM on behalf of its client, Dr. Marcia Harris, that her former employer, Patients Medical P.C., failed to demonstrate a likelihood […]

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KSM Partner David Mair presents program about Whistleblower Settlements

On January 31, 2017, KSM partner David N. Mair co-presented a program entitled “New Guidance on Whistleblower Settlements: “What You Need to Know in 2017 and Beyond.” To see more details click here.

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KSM Wins Ruling That Sarbanes-Oxley Whistleblower Case Must Proceed Against Global Consulting Company

June 14, 2012 – A federal judge in New York issued a decision on June 12, 2012, allowing Benjamin Ashmore, Sr., a former employee of a U.S. subsidiary of CGI Group, Inc., to proceed with a lawsuit asserting whistleblower claims against the company under the Sarbanes-Oxley Act. The lawsuit alleges that Mr. Ashmore was fired because he objected to a fraudulent scheme devised by senior CGI executives to evade procurement regulations issued by the U.S. […]

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KSM Partner David Mair Selected as a Fellow of the Litigation Counsel of America

August 25, 2011 – KSM Partner David N. Mair has been selected as a Fellow of the Litigation Counsel of America. The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only. Fellows are selected based upon excellence and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation. Established as a […]

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KSM Partners Daniel J. Kaiser and William H. Kaiser File Class Action Lawsuit Against Citibank and Morgan Stanley Alleging Violation of WARN Act

  November 25, 2009 – Thirteen former employees of Citigroup and Morgan Stanley-Smith Barney filed a federal class action lawsuit on Monday against the two firms arising out of Smith Barney’s failure to provide the 60-day WARN notification to 179 employees in its Document Services Department prior to the termination of their employment on October 12, 2009. The case was filed on November 23, 2009, in the United States District Court for the Eastern District […]

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KSM Partners Daniel J. Kaiser and William H. Kaiser File Sarbanes-Oxley Whistleblower Lawsuit Against JP Morgan Chase on Behalf of Former Employee

  October 2, 2009 – David Zhang, a former JP Morgan Chase & Co. employee, has filed a lawsuit in federal court in Manhattan, accusing the company of retaliating against him after he reported overvalued commercial loans in its real estate loan portfolio and past fraudulent conduct by recently-hired former executives of Bear Stearns. According to the complaint, beginning in March 2008, Mr. Zhang, who was then employed as an operations professional in JP Morgan’s […]

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KSM Partner David N. Mair Wins Ground-breaking Legal Ruling Extending Sarbanes-Oxley Whistleblower Protection for Overseas Employees

  February 5, 2008, KSM Partner David N. Mair won an important legal ruling extending whistleblower protection under the Sarbanes-Oxley Act to overseas employees of companies listed on United States stock exchanges in certain circumstances. The ruling by United States District Court for the Southern District of New York in O’Mahony v. Accenture Ltd is the first court ruling in the country to provide such protection to employees based outside the United States. Court Extends […]

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KSM Partner William H. Kaiser Wins Legal Ruling Making Sexual Orientation Discrimination Claims Easier to Prove

  June 28, 2007 – KSM Partner William H. Kaiser won a significant decision for the rights of gay and lesbian victims of discrimination in a decision which held that, in a case involving allegations that a gay employee was discharged because his employer learned of his sexual orientation, the employee’s manager could not invoke the First Amendment to refuse to answer questions during discovery about his views on homosexuality and religion. Fairchild v. Riva […]

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KSM Partner Daniel J. Kaiser on Faculty for New York City Bar Association Program on Ethics and Tactics in Mediation and Settlement Negotiations

Ethics and Tactics in Mediation and Settlement Negotiations (October 19, 2005)

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KSM Partners Daniel J. Kaiser and Henry L. Saurborn, Jr. Win Appellate Ruling Extending ERISA Retaliation Protection for Plan Fiduciaries

March 28, 2005 — KSM Partners Daniel J. Kaiser and Henry L. Saurborn, Jr. won a ground-breaking decision in the area of retaliation, when the United States Court of Appeals ruled that, under section 510 of the Employee Retirement Income Security Act of 1974 (“ERISA”), an ERISA plan participant and fiduciary is protected against retaliation by her employer (the sponsor of a 401k plan) where she complained internally within the company that the 401k plan […]

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“In a complex litigation over five years against a large, powerful and ruthless opponent I was losing faith in the integrity of the legal profession. However, this changed after I engaged David Mair. David was able to adapt to the nuances of a complex case that traversed many disciplines and after a bitter protracted struggle negotiated a great settlement. He is extremely smart, tenacious, organized, yet personable and empathetic, and always acted with impeccable integrity; a class act.”

- Former partner of global consulting firm

“At a moment of significant moral and professional distress, Dan Kaiser and Henry Saurborn provided expert legal services and support leading to a successful outcome. Thanks to their careful guidance and meticulous dissection of some very complex issues, my professional life was repaired and institutional perspectives changed in ways that will likely benefit many people. In short, Dan and Henry understand how conflict affects their clients and others -- which is exactly what we seek from those who represent us.” 

- Leading neurosurgeon at academic medical center

“Henry Saurborn & David Mair were successful in defending us against a former employer, which utilized a much larger law firm and outspent us substantially. How? – they just worked smarter. I highly recommend them.”

- CFO of marketing agency

“Dan and Bill Kaiser supported me at a time when I really needed help. They seemed as emotionally invested in the success of my case as I was. They made the entire process less arduous that I would have imagined.” 

- Investment banker at leading global bank

"David Mair is simply the best in the business. David has done my employment contract work and negotiated my exits from, and entries to three different jobs in my career, and I can honestly say there is no one I would rather have in my professional corner. He is incredibly sharp, incredibly tough, and fights for the absolute best outcome for his clients. I think David may enjoy the victories as much as I do, as his client, which I find both exceedingly rare and endearing. I have recommended David to a number of friends and colleagues, and all have come away with the best of experiences and impressions. I would recommend him to anyone, and I look forward to working with David on all of my future employment opportunities." 

- Senior hedge fund marketing executive

"I have no hesitation in recommending Henry Saurborn for all employment matters. During my career I have sought his advice and counsel a number of times when changing jobs and most recently on setting up my own business. He is knowledgeable, has integrity and care about his clients.” 

- Co-Founder and CEO of leading marketing agency

“Dan and Bill Kaiser are the ultimate professionals and I would recommend them to anyone who needs representation and seeks justice.. From my first meeting with them they have provided me with clarity and sound advice. Their communication is exceptional and they are always available to answer any questions and respond to voicemails/e-mails/texts very quickly. They are both very personable and always make me feel at ease. They also don’t hide behind layers of staff so you always deal with them personally. Their experience, knowledge, qualifications and results speak for themselves.” 

- Senior Executive at Major League Soccer

"David Mair represented me in lengthy and difficult negotiations regarding my departure. Throughout our engagement David was thoughtful, diligent, attentive to detail and protected my interest in all circumstances.  I have the highest regard for David’s advice and counsel and can recommend him without hesitation." 

- Former Senior Executive of leading global bank

“Dan and Bill Kaiser have not only been my lawyers through the entire litigation process but have also been my support system. I never feel alone and they have been there for me every step of the way to explain the process and fight with all their knowledge and power to help bring me closure. I cannot thank them enough.” 

- Survivor of sexual assault

"In an extremely complex legal system, it is important to have experienced and professional counsel; counsel who will advocate on your behalf. With his broad and extensive knowledge of the law, Henry Saurborn guided and supported me to successfully win my case. I couldn’t have done it without this dynamic attorney behind me who went above and beyond to protect my rights. I am truly thankful I found him." 

- President and COO of wholesale distribution firm

“Dan Kaiser was great to work with. He responded to all my questions very quickly and got me the results I was looking for in a timely matter. I highly recommend him and have referred him to everyone I know already. You are in good hands with him.” 

- Client with sexual harassment case against boutique investment bank

“For nearly 15 years I have worked with David Mair as my attorney and cannot rave enough about him. The work he does is exceptional, always thorough and very well thought out. During this time we have worked together on complicated employment agreements and equity arrangements, which David was always able to walk me through in simplified terms with a well laid out list of strategic options for me to select. I trust him implicitly and appreciate his professionalism, prompt responses and attention to detail. Overall I feel I have excellent legal representation with David and have recommended him to several friends.”

- C-Suite executive in media and entertainment field

“Dan and Bill Kaiser have not only been my lawyers through this whole process but been my support system. I never feel alone. They are there for me every step of the way to explain the process and fight with all their knowledge and power to help bring me closure. I cannot thank them enough.” 

- Survivor of sexual assault

“I had the great fortune of finding Dan Kaiser and Henry Saurborn when I was in need of a top law firm to handle my case which had many levels of discovery that were needed in order to win in my favor.   Working together was like watching a ‘well-oiled machine’ in action. They weeded through the lies and corruption and proved beyond a shadow of a doubt that we were telling the truth and we won the case.  I would personally use them again in a heartbeat, if I ever needed a law firm and would recommend them unconditionally to anyone who needs/wants a competent, caring team that makes things happen.” 

- Managing Partner of media company

“Dan Kaiser accepted my case when other firms wouldn’t. He always made himself available to me promptly when I had questions, and handled my case with care and urgency. He resolved it quickly and I am incredibly happy and grateful for the representation I received.”

- Director of Education for private preschool education provider

“Working with David Mair has made a challenging contract negotiation painless. David is incredibly knowledgeable of NY Law and a strategic negotiator. His levelheaded style smoothly disarmed the opposing side and gained me the contract terms and conditions we wanted. I could not have done this negotiation without him.” 

- Senior insurance industry executive