Gerald T. Hathaway represents domestic and international corporations of all sizes, including Fortune 500 and Global Fortune 500 companies, in major labor and employment matters. His practice includes advising on the labor and employment aspects of local, national and international corporate transactions and financial restructuring. Jerry’s practice also includes reductions in force, including Worker Adjustment and Retraining Notification Act (WARN) and Older Workers Benefit Protection Act compliance. His clients include private equity funds, major entertainment studios and networks, talent management companies and talent agencies, and companies in the real estate, logistics, luxury goods, retail and insurance industries.
Jerry counsels management on avoiding employment litigation and grievances. He represents companies in collective bargaining, arbitrations and contentious litigation, and pursuing remedies to enjoin unlawful picketing, should the need arise.
He has experience defending Equal Employment Opportunity Commission and National Labor Relations Board charges and private lawsuits, including discrimination class actions, Fair Labor Standards Act collective actions and claims related to the Americans with Disabilities Act, the Age Discrimination in Employment Act, the National Labor Relations Act, the Labor Management Relations Act, Section 1981 and Title VII.
Jerry has extensive experience advising clients on the labor and employment aspects of local, national and international corporate transactions and financial restructuring. Among his representative matters:
- In a $750 million acquisition by a private equity fund, uncovered in due diligence an undisclosed labor liability that resulted in a price adjustment of $12.5 million.
- Conducted national labor/employment due diligence in $4.9 billion acquisition by a foreign company, and mapped out post-closing labor strategy for plants that had poor relationships with production unions.
- In a potential acquisition of a retailer by a private equity fund, uncovered serious non-compliance with labor laws, which upon correction would have major impact on the target company’s stated EBITDA. When the seller refused to make a price adjustment, the private equity fund declined to go forward with the deal.
- Engaged by a major defense contractor that had a dispute with one of its major unions on a single complex issue that had not been resolved for more than 8 years (despite the efforts of three law firms engaged over that time), and strategized and then implemented a satisfactory resolution, obtained with court approval.
- Engaged by a private equity fund to take over the representation of a portfolio company in a long-lingering dispute with the EEOC, and resolved matter for less than the amount of legal fees that would have been incurred to defend the case.
- Assessed WARN issues in a national layoff involving more than 30,000 employees at hundreds of sites, resulting in only one lawsuit that the company won on summary judgment.
- Assessed complex WARN issues in dozens of national layoffs ranging in size from hundreds to tens of thousands of employees.
Chambers USA, New York, Labor & Employment, "Recognised Practitioner" (2019)
Best Lawyers®, Employment Law - Management, Labor Law - Management (2010-2020)
“100 Most Powerful Employment Lawyers,” Human Resource Executive magazine (2011-2019)
International Who’s Who of Business Lawyers, Management Labour & Employment Law
Who’s Who in American Law
Fellow, The College of Labor and Employment Lawyers
Awards Methodology (www.drinkerbiddle.com/content/awards)
- New Jersey
- New York
- University of Pittsburgh School of Law, J.D., 1979
- La Salle University, B.A., 1976
- U.S. Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. District Court, Eastern District of Arkansas
- U.S. District Court, Western District of Arkansas
- U.S. District Court, Central District of Illinois
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
- U.S. District Court, Western District of New York
- U.S. District Court, Eastern District of Pennsylvania
- U.S. District Court, Northern District of Texas
- NYU Center for Labor and Employment Law, Board of Advisors
- U.S. Chamber of Commerce, Labor Relations Committee (2017)
- International Bar Association, Employment and Industrial Relations Law Committee
- American Bar Association, Labor Section, International Committee
- New York State Bar Association, Labor Section, International Committee
- University of Pittsburgh School of Law, Board of Visitors
- LaSalle College High School, Board of Trustees (2008-2014)
- Lincoln Center for the Performing Arts, Counsels’ Council
- New York Shakespeare Festival (The Public Theater), Labor and Employment, Pro Bono Counsel
- Walnut Street Theatre, Board of Trustees