Miriam F. Clark

Miriam F. Clark

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Miriam F. Clark has practiced labor and employment law for more than 25 years, and has handled dozens of employment-related cases in federal and state courts, arbitration agencies and before federal and state administrative agencies. She negotiates severance agreements and employment contracts, and counsels employees on a variety of employment-related legal issues. She also provides independent investigation and mediation services in connection with complaints of discrimination and/or harassment and serves as a voluntary, court-appointed mediator for the United States District Court for the Southern District of New York. She advises non-profit organizations on employment-related issues.

Since 2005 she has been listed in The Best Lawyers in America and Super Lawyers. She has received an AV Preeminent Rating from Martindale Hubbell, a “superb” (10 out of 10) rating from Avvo, and is a member of the Bar Registry of Preeminent Women Lawyers. She is President of the National Employment Lawyers Association- New York Chapter.

 Ms. Clark has lectured widely on employment law and related topics at ALI-CLE, Georgetown University Law Center, the American Bar Association Section on Labor and Employment Law, the New York State Bar Association, the New York City Bar Association, Practicing Law Institute and to classes at the New York University School of Law. Since 2006, she has served as Chapter Editor for the Annual Supplement to Family and Medical Leave Act (ABA Section on Labor and Employment Law/BNA Books). She is a member of the Planning Committee of the American Law Institute Current Developments in Employment Law Conference.

Ms. Clark is a 1984 graduate of New York University School of Law, where she was a Root-Tilden-Snow Scholar. From 1984-1985, she served as law clerk for Hon. Max Rosenn, of the United States Court of Appeals for the Third Circuit. She is a 1980 cum laude graduate of Harvard College.

Speaking Engagements and Publications

  • Speaker, “The Family and Medical Leave Act Update”; “Recurring Discovery and Evidence Issues in Employment Cases”; “E-Discovery and Social Media Discovery Developments”; “Ethics and Professional Responsibility,” American Law Institute Current Developments in Employment Law, July 2019.
  • Speaker, “Sexual Harassment in the Era of #MeToo and #WhyIdidntreport,” Practising Law Institute, June 2019
  • Speaker, Testimony on Sexual Harassment Legislation — Joint Hearing of New York State Senate and Assembly, May 2019 and February 2019
  • Speaker, “The Family and Medical Leave Act Update”; “Ethics and Professional Responsibility,” American Law Institute Current Developments in Employment Law, July 2018
  • Speaker, “Spotlight on Sex Discrimination Law,” Practising Law Institute, June 2018
  • Speaker, “Ethics for Employment Lawyers,” New York City Bar Association Employment Law Institute, March 2018
  • Chapter Editor, “The Family and Medical Leave Act, ABA Section of Labor and Employment Law, Bureau of National Affairs Books: Cumulative Supplements,” 2006 – 2017
  • Speaker, “Ethics for Employment Lawyers,” New York City Bar Association Employment Law Institute, March 2017
  • Speaker, “Employment Claims and the Art of Mediation,” LEXIS-NEXIS Seminars, October 2016
  • Speaker, “Coaching Through Corporate Change,” Association of Corporate Executive Coaches, October 2016
  • Speaker, “Current Developments in Employment Law: Complex Family and Medical Leave Act Issues”; “Ethics and Professional Responsibility,” American Law Institute, July 2016
  • Speaker, “Ethical Implications of Bring Your Own Device Policies,” New York City Bar Association Employment Law Institute, March 2016
  • Speaker, “Damages in Employment Cases: Maximizing and Minimizing”; “Ethics and Professional Responsibility”; “Complex Family and Medical Leave Act Issues,” American Law Institute Current Developments in Employment Law, July 2015
  • Speaker, “Coaching the Corporate Bully,” Association of Corporate Executive Coaches, October 2013
  • Speaker, “Emerging Issues in Retaliation and Whistleblowing”; “Family and Medical Leave Act Developments”; “Ethics and Professional Responsibility,” American Law Institute and American Bar Association Current Developments in Employment Law, July 2012
  • Moderator, “Introduction to the Forceful Combination of the ADAAA and GINA” American Bar Association Section of Labor and Employment Law: Labor and Employment Law Conference, November 2010
  • Speaker, “Litigating Employment Cases in State Court,” National Employment Lawyers Association/New York Spring Conference, May 2010
  • Speaker, “Mock Trial – Litigation Track,” American Bar Association Section of Labor and Employment Law: Labor and Employment Law Conference, October 2009 and November 2007
  • Speaker, “The Courts of Appeal Confront Ledbetter,” Practising Law Institute, June 2008
  • Speaker, “Evidentiary Issues in Employment Law,” New York City Bar Association, April 2008
  • Speaker, “Winning Legal Strategies for Claiming Employment Discrimination,” ReedLogic, 2007
  • Speaker, “Discrimination Against Caregivers,” New York State Bar Association Labor & Employment Committee Annual Meeting, September 2007
  • Speaker, “Evidence Issues and Jury Instructions in Sexual Harassment Cases,” Georgetown University Law Center/American Law Institute and American Bar Association, February 2007
  • Speaker, “Mediation in Employment Law,” JAMS: Employment Practices Group Roundtable, March 2006
  • Moderator, “Ethics Issues in Employment Law,” National Employment Lawyers Association/New York Spring Conference, April 2005
  • Moderator, “Faragher Ellerth,” National Employment Lawyers Association/New York Spring Conference, April 2003
  • Speaker, “Highlights of the FMLA and Its Purposes,” Lorman Educational Services, April 2002 and April 2001
  • Speaker, “The Second Circuit’s Employment Discrimination Cases: An Uncertain Welcome,” St. John’s Law Review, 1991
  • Television Appearances: “The McCreary Report,” “NewsTalk Television,” and “Power Lunch,” 1996

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Reported Cases

  • Sandiford v. City of New York Department of Education, 22NY3d 914 (2013) (representing amicus NELA-NY)
  • Hoffman v. Parade Publications, Inc., 15 N.Y.3d 285 (N.Y. 2010) (Representing Amici)
  • Barr v. BJ’s Wholesale Club, Inc. 62 A.D.3d 820 (App. Div., Second Dept. 2009)
  • Hamm v. Potamkin, 1999 U.S. Dist. LEXIS 5948, (S.D.N.Y. April 30, 1999)
  • Shane v. Tokai Bank, 1997 U.S. Dist. LEXIS 16000 (S.D.N.Y., October 15, 1997) 1997 U.S. Dist. LEXIS 6846 (S.D.N.Y. May 15, 1997)
  • Duffy v. C. Itoh & Co. 1995 U.S. Dist. LEXIS 18274, (S.D.N.Y. December 7, 1995); 1990 U.S. Dist. LEXIS 9085 (S.D.N.Y. July 11, 1990)
  • Holland v. N.J. Dep’t of Corr. 246 F.3d 267 (3d Cir. 2001); 1994 U.S. Dist. LEXIS 13239 (D.N.J. September 14, 1994)
  • Niesig v. Team I, 76 N.Y.2d 363 (N.Y. 1990) (Representing Amici).
  • Red Bull Associates v. Best Western Int’l, 686 F. Supp. 447 (S.D.N.Y. 1988)
  • Huntington Branch, NAACP v. Huntington 844 F.2d 926 (2d Cir. 1988)
  • Becton Dickinson & Co. v. District 65, United Auto., etc., 799 F.2d 57 (3d Cir. 1986)