ETHAN A. BRECHER became a Liddle & Robinson partner in 1996, after joining the firm as an associate in 1991. 

Practice Areas

• Litigation in court and NYSE/NASD/AAA/JAMS arbitration of all types of employment disputes (including defamation, discrimination and compensation claims) primarily for executives working in the securities and financial services industries.
• Litigation in NYSE/NASD arbitration of securities fraud, breach of fiduciary duty and related claims for public customers of securities firms.
• Representation of individuals in regulatory investigations and proceedings brought by the NYSE/NASD.
• Negotiation of employment contracts and separation agreements.
• Counseling of employees and employers on all aspects of the employment relationship.
• Litigation of commercial cases in state and federal court, including breach of contract and tort claims.

Significant Court and Arbitration Decisions

• Kim v. CUSO; (February 2006)- In this NASD arbitration Mr. Brecher tried and won $539,000 on this breach of contract and defamation claim.

• Pedde v. ABN AMRO; (May 2005)- In this NYSE arbitration, Mr. Brecher tried and won $720,500 on this breach of employment contract and severance pay claim.

• Hunt v. HSBC; (April 2004)- Mr. Brecher tried and won a NYSE arbitration with an award of $770,000 on a post-employment tortious interference claim.

• O’Hara v. Memorial Sloan-Kettering, No. 03-7049 (2d Cir., October 29, 2003)-The Court of Appeals vacated an order granting summary judgment on client’s retaliation claim, which arose after she was fired for complaining of age discrimination.
(read the pdf)

• Carlton v. Mystic Transportation, 202 F.3d 129 (2d Cir.), cert denied, 120 S.Ct. 2718 (2000)-Mr. Brecher successfully obtained on appeal reversal of an order granting summary judgment on an age discrimination claim; U.S. Supreme Court denied cert. application after requesting a brief on whether cert. was appropriate.

• Gibbs v. Merrill Lynch, Pierce, Fenner & Smith (11^th Cir, Jan. 2002)-Mr. Brecher successfully defended on appeal an order of the U.S. District Court which vacated an NASD arbitration award which denied the claimant the right to pursue his libel claim.

• Engler v. C.R. Bard, Inc., 1997 WL 136249 (D. Mass. 1997)-Mr. Brecher second-seated jury trial in connection with claims that officer of company had been misled into believing that he would have employment following the sale of a business; jury verdict in favor of client.

• Glennon v. Dean Witter Reynolds, Inc., 1994 WL 757709 (M.D. Tenn.), aff’d, 83 F.3d 132 (6^th Cir. 1996)-Mr. Brecher second-seated arbitration and subsequent successful appellate process upholding NASD arbitration award on a Form-U5 libel claim where compensatory and punitive damages of almost $1.5 million were awarded.

Education

New York University School of Law  J.D. 1991
Annual Survey of American Law, Articles Editor (1990-1991) and Staff Member (1989-1990)

Cornell University, B.A. History, Cum Laude 1988 

Publications

New York Law Journal

• Theft of a Trade Secret is Now a Federal Crime, May 7, 2007 (read the article)

• Brokerages Deal With Question of Unclean Hands, April 18, 2002 (read the article)

• Putting the Reins on Employment Arbitration: Courts Safeguard Employee Rights, August 24, 1999 (Notable: cited by Chief U.S. Circuit Judge Harry Edwards in Bailey v. Federal National Mortgage Association, No. 99-7103 (D.C. Cir., April 21, 2000)) (read the article)

• Provisional Relief in Aid of Arbitration (with Jeffrey L. Liddle), July 22, 1998 (read the article)

• Use of Subpoenas in Arbitration, July 18, 1996 (read the article)

The Practicing Law Institute’s “Securities Arbitration 2000” course book, co-author with Jeffrey L. Liddle of a chapter on discovery in securities arbitration

Author on Update with Jeffrey L. Liddle and Laurence S. Moy, Legal Aspects of Terminating Overseas Employees, 2 Laws of International Trade (BLI) 602.01-602.12, 1989, update 1993

Committees

Arbitration Committee, Association of the Bar of the City of New York, Class of 2008

The New York University School of Law Center for Labor and Employment Law, 2001-present.

Panels and Speaking

March 2006: Workshop on Labor and Employment Law for Federal Judges, hosted by The Institute of Judicial Administration at New York University School of Law (panel member)(presentation on the Americans with Disabilities Act)

September 2004: NYU Center For Labor And Employment Law, Second Circuit Staff Attorney Training Program, “Summary Judgment from the Plaintiff’s Perspective: Finding a Needle in a Haystack” (panel member)
(read the pdf)

May 2004: NYU Center For Labor And Employment Law, 57^th Annual Conference On Labor: Compensation, Work Hours And Benefits, “Compensation Claims In Securities Industry Arbitration” (panel member)
(read the pdf)

March 2004: Workshop on Labor and Employment Law for Federal Judges, hosted by The Institute of Judicial Administration at New York University School of Law (panel member)(presentation on punitive damages in Title VII litigation)
(read the pdf)

September 2003 and January 2004: Lecture to Securities Arbitration Clinic Seminar at Brooklyn Law School, by invitation of Director of the Brooklyn Law School’s Securities Arbitration Clinic

September 2002: “Research Conference on Domestic and International Arbitration: U.S. Arbitration of Domestic Disputes,” hosted by The Institute of Judicial Administration at New York University School of Law (panel member)

July 2001: “New Developments Concerning Employment Litigation and Related Issues in the Securities Industry,” sponsored by the American Bar Association's Securities Employment Litigation Subcommittee (panel member)

Bar Admissions

1991, Connecticut; 1992, New York and U.S. District Court, Southern and Eastern Districts of New York; 1995, U.S. Court of Appeals, Sixth Circuit; 1996, U.S. Supreme Court and U.S. Court of Appeals, Second Circuit; 1999, U.S. Court of Appeals, First Circuit; 2001, U.S. Court of Appeals, Eleventh Circuit

Community Service

Town of Greenwich First Selectman’s Representative on the Board of Trustees of The Greenwich Library