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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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“Dan and Bill Kaiser set the bar in terms of employment litigation attorneys for both their professionalism and expertise. I had an incredibly complex and high-profile case that lasted almost 3 years. Dan and Bill worked overtime to bring it to a resolution. I have never had faith in the integrity of attorneys and the legal system until I met Dan and Bill. They are not only compassionate and courteous but exceptionally smart and tactful. In a world where corruption and politics plague justice, Dan and Bill work overtime for their clients. It is very clear that money is not the motivation for KSM – time and time again they have proven that they are committed to justice and transparency for their clients and will go above and beyond to ensure they have done everything to reach a positive outcome in their cases. When looking for attorneys for both high profile, and complicated cases it is important to find a firm with a track record of experience and KSM certainly delivers on that. I do not have enough gratitude and positive words for KSM and would recommend them for anyone looking for an employment and litigation attorney.” 

- Project Manager, cannabis industry

“I had the great fortune of finding Henry Saurborn and Dan Kaiser 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. 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 I was telling the truth and won my 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 represented me in a very difficult and unusually long employment case. The defendant tried everything to drag out the discovery process and the judge even granted the defendant’s motion to dismiss initially.  However, through powerful and persuasive legal arguments, Dan was able to get the appeal court overturn the lower court’s decision and take my case to a very successful ending.  Dan is extremely knowledgeable in employment law. His analysis is clear, thought process well organized, and his writing is succinct to the point. Besides being a great attorney, Dan has a big heart. He’d go above and beyond to help out. I’d recommend Dan to anyone who needs legal representation in employment case without reservation." 

- Chief Risk Officer of global insurance company

“I engaged David's services in successfully negotiating a severance agreement with my former employer. David was the only one of four lawyers interviewed who identified the innovative approach that ultimately exceeded expectations. Every step along the way, David provided solid and timely advice, with full attention and respect to my many questions and ideas. It was for me the definition of a highly performing professional partnership.”

- Senior Executive in Logistics and Supply Chain functions

“I suffered injustice in my employment that affected my compensation, benefits, and ownership of personal contacts. I enlisted Dan upon recommendation of an attorney friend in an affiliated field. Dan is an incisive sharpshooter, able to recognize and anticipate what is legally actionable. Of great import, he directs your focus to substantiation of legal merit, objectively assessing your prior formulations. He thus dismisses addressing the frivolous, biased, and emotionally driven aspects inherent in entanglements. He is a formidable advocate in arbitration and in Court, as adept one-on-one with an adversary as he is comfortable single-handedly standing down an atrium full of attorneys and CEOs."

- Gastroenterologist

"Dan Kaiser represented me as a plaintiff with complex litigation against 19 defendants, where all entities have been represented by one of the largest and most prestigious law firms in the world. He has caused me to be able to stand tall through his agility and knowledge of the case and has demonstrated an almost uncanny ability to ferret out the truth during the deposition process and presented passionate arguments in the courtroom. If I had to go through the selection process again to find a lawyer to represent me, I would, without a doubt, select Dan Kaiser. Having worked with dozens of attorneys as a Chief Executive for the last 16 years, he is the best lawyer I've ever engaged.”

- Founder and CEO of global logistics companies