William R. Horwitz

Counsel

Florham Park

(973) 549-7142 phone
(973) 360-9831 fax

William R. Horwitz is counsel in the firm’s Labor & Employment Practice Group.  He advises employers regarding employment related issues and defends employers in litigation before state and federal courts as well as before administrative agencies and in arbitration.  As a former prosecutor with the Queens County District Attorney’s Office, where he specialized in appellate litigation, together with his representation of employers for over fifteen years, Bill has extensive litigation experience in both New York and New Jersey courts.  Bill’s cases have arisen in a variety of industries including healthcare, life sciences, finance, hospitality and retail.

Bill has defended employers against a wide range of employment claims including allegations of whistleblowing, retaliation, sexual harassment, disability and race discrimination, and breach of contract.  Bill has litigated wage and hour class and collective actions.  He has also represented financial institutions, commercial landlords and retail establishments in Americans with Disabilities Act accessibility cases.

A member of the firm’s Competitive Advantage, Trade Secret and Computer Fraud and Abuse Team, Bill also represents clients in disputes involving restrictive covenants, misappropriation of trade secrets and unfair competition, and has litigated these claims in various states, including TRO and preliminary injunction hearings.  In addition, Bill works with companies to develop new or improve existing policies, procedures and agreements to safeguard confidential information and business relationships.

Bill has a great deal of experience in cases involving large amounts of electronically stored information, working with courts, adversaries and Information Technology professionals to effectively manage e-discovery to minimize costs during litigation.

In his counseling work, Bill advises management clients on all types of employment related issues and the prevention of workplace disputes.  He drafts handbooks, employment contracts, arbitration agreements and separation agreements, and conducts audits of Human Resources policies and practices.  Employers also retain Bill to conduct investigations of alleged workplace misconduct.  In the health care arena, Bill has expertise and advises employers regarding their compliance obligations under New Jersey’s Health Care Professional Responsibility and Reporting Enhancement Act (a/k/a the Cullen Law).

The Martindale-Hubbell Law Directory has given Bill its highest possible peer review rating, AV Preeminent, meaning that he has been recognized by his peers for his legal ability and ethical standards. Bill is also a frequent contributor to the firm’s Labor & Employment blog, Laborsphere. Click here to read Bill's posts.

A graduate of the University of Michigan and Emory University School of Law, Bill is admitted to practice before the state courts of New York and New Jersey, the United States District Courts for the Eastern and Southern Districts of New York, the United States District Court for the District of New Jersey, and the United States Court of Appeals for the Second and Third Circuits.

Published Opinions:

  • Woods v. Computer Horizons Corp., 2008 U.S. Dist. LEXIS 22406 (E.D.N.Y. March 20, 2008) (race and disability discrimination)
  • Stallworth v. Reheis Co., 2007 U.S. Dist. LEXIS 46469 (D.N.J. June 27, 2007) (race discrimination).
  • Allied Office Supplies, Inc. v. Lewandowski, 261 F. Supp. 2d 107 (D.Conn. 2003) (restrictive covenants).
  • Swider v. HA-LO Industries, Inc., 134 F. Supp. 2d 607 (D.N.J. 2001) (age discrimination).

Representative Matters

  • Obtained dismissal on summary judgment of a race and disability discrimination case in federal court in Brooklyn on behalf of an Information Technology staffing company.  The plaintiff contended that the company had violated federal, New York State and New York City law by terminating her employment after she returned from maternity leave.
  • Obtained summary judgment dismissal in federal court in New Jersey of claims under the federal Family and Medical Leave Act and the New Jersey Family Leave Act.  The former employee alleged that his former employer, an energy services company, had discharged him for taking leave to care for his father.
  • Obtained summary judgment dismissal of claims under the New Jersey Law Against Discrimination brought by a nurse who contended that our client, a hospital, had discharged her on the basis of her age.
  • Represented an upscale New York City restaurant in a collective action / class action wage and hour lawsuit in federal court in Manhattan.
  • Obtained summary judgment dismissal in arbitration of multiple cases against a New York based global financial institution, including claims of national origin discrimination asserted by a teller terminated for alleged theft and novel claims by an assistant branch manager who sought to withdraw her resignation.
  • Obtained summary judgment dismissal of former employee’s claims of malicious prosecution and intentional infliction of emotional distress after the employer, a medical case management and consulting company, reported him to the police on theft charges that it later dropped.
  • Obtained summary judgment in federal court in New Jersey on former employee’s claims that manufacturing company had made misrepresentations in recruiting him and had subsequently discriminated against him on the basis of his age in violation of the New Jersey Law Against Discrimination.
  • Defended lawsuits brought by numerous workers who had lost their jobs during the privatization of the hospital where they had worked.
  • Represented a subsidiary of a national car rental company that sued an employee to recover a retention bonus.
  • Represented medical practices, adult day care centers, telemarketing companies and other businesses in sexual harassment cases.
  • Represented petroleum testing, pharmaceutical and other companies in whistleblowing claims under New Jersey’s Conscientious Employee Protection Act.
  • In several cases in state and federal courts in New York and New Jersey, prevailed on motions to compel arbitration pursuant to pre-dispute arbitration agreements.

Publications

03/26/2013
New York Law Journal
Second Circuit Adopts New Standard Involving Harassment by Non-Employees
11/02/2012
Client Alert
Extreme Weather, Natural Disasters and Personnel Issues
07/20/2012
BNA’s Corporate Counsel Weekly
In Case Involving Employer’s Poor Handling of Sexual Harassment Allegation, Second Circuit Resolves Two Novel Issues
06/11/2012
New Jersey Law Journal
Third Circuit Rides the Class-Action Arbitration Waive
6/1/2011
FDLI Monograph Series, Vol. 2, No. 6, Chapter IV
The New Reality of Sales Force Behavior and Management: Preventing Sales Force Employment Litigation
10/18/2010
New Jersey Law Journal
Third Circuit Invalidates Arbitration Agreement Rather Than Severing Provisions Favoring Employer
10/8/2010
Association of Corporate Counsel, Focus on the New Jersey Chapter
Common Flaws that Undermine the Enforceability of Restrictive Covenant Agreements
9/1/2009
Bloomberg Law Reports - Labor & Employment, Vol. 3, No. 35
D.C. Circuit Limits NLRB's Guard Publishing Decision on E-Mail Policies
12/8/2008
New Jersey Law Journal
Title VII Bars Discrimination Against An Employee For Having An Abortion
6/1/2008
New Jersey Lawyer - the Magazine
NLRB: An Employer May Restrict a Union's Use of its Email System
2/1/2007
New Jersey Lawyer - the Magazine
Government and Internal Investigations - Special Issues for Healthcare Providers
1/22/2007
New Jersey Law Journal
A Brave New World - Separation Agreements Must Be Re-Evaluated In Light Of Recent Decisions
4/10/2006
New Jersey Law Journal
Retaliatory Harassment Under Title VII
4/1/2006
The Metropolitan Corporate Counsel, Vol. 14, No. 4
When an Employee Surfs for Internet Kiddie Porn at Work: Avoiding Civil Liability for Employee Cyber-Crime
2/1/2006
Bender's Labor & Employment Bulletin
Third Circuit Sets Penalties for WARN Violations
10/1/2004
The Metropolitan Corporate Counsel, Vol. 12, No. 10
Avoiding Sanctions in Electronic Discovery
6/14/2004
New Jersey Law Journal
Restrictive Covenants After Maw
2/1/2004
The Metropolitan Corporate Counsel, Vol. 12, No. 2
MAW Trouble Ahead for Restrictive Covenants?
3/1/2003
New Jersey Labor and Employment Law Quarterly
Duty of Loyalty Transcends Restrictive Covenants
  • Obtained dismissal on summary judgment of a race and disability discrimination case in federal court in Brooklyn on behalf of an Information Technology staffing company.  The plaintiff contended that the company had violated federal, New York State and New York City law by terminating her employment after she returned from maternity leave.
  • Obtained summary judgment dismissal in federal court in New Jersey of claims under the federal Family and Medical Leave Act and the New Jersey Family Leave Act.  The former employee alleged that his former employer, an energy services company, had discharged him for taking leave to care for his father.
  • Obtained summary judgment dismissal of claims under the New Jersey Law Against Discrimination brought by a nurse who contended that our client, a hospital, had discharged her on the basis of her age.
  • Represented an upscale New York City restaurant in a collective action / class action wage and hour lawsuit in federal court in Manhattan.
  • Obtained summary judgment dismissal in arbitration of multiple cases against a New York based global financial institution, including claims of national origin discrimination asserted by a teller terminated for alleged theft and novel claims by an assistant branch manager who sought to withdraw her resignation.
  • Obtained summary judgment dismissal of former employee’s claims of malicious prosecution and intentional infliction of emotional distress after the employer, a medical case management and consulting company, reported him to the police on theft charges that it later dropped.
  • Obtained summary judgment in federal court in New Jersey on former employee’s claims that manufacturing company had made misrepresentations in recruiting him and had subsequently discriminated against him on the basis of his age in violation of the New Jersey Law Against Discrimination.
  • Defended lawsuits brought by numerous workers who had lost their jobs during the privatization of the hospital where they had worked.
  • Represented a subsidiary of a national car rental company that sued an employee to recover a retention bonus.
  • Represented medical practices, adult day care centers, telemarketing companies and other businesses in sexual harassment cases.
  • Represented petroleum testing, pharmaceutical and other companies in whistleblowing claims under New Jersey’s Conscientious Employee Protection Act.
  • In several cases in state and federal courts in New York and New Jersey, prevailed on motions to compel arbitration pursuant to pre-dispute arbitration agreements.