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 also been listed in the Lawdragon 500 Leading Plaintiff Employment Lawyers since 2018. She has received an AV Preeminent Rating from Martindale Hubbell, a “Superb” rating from Avvo, has been selected by the New York Law Journal and New York Magazine as a 2019 Woman Leader in the Law, and is a member of the Bar Registry of Preeminent Women Lawyers.

 Ms. Clark has lectured widely on employment law and related topics at the American Law Institute, 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. She serves as a pro bono mediator for the United States District Court for the Southern District of New York. She serves as Vice President and President-elect of the National Employment Lawyers Association’s New York Chapter. 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).

 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 graduate of Harvard College and is admitted to practice in the state and federal courts of the state of New York, the Second Circuit and the United States Supreme Court.

Speaking Engagements and Publications

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