Wayne N. Outten Esq.

Wayne N. Outten Esq.

Chair since January 1, 2019
Location:
New York, New York
Phone:
(212) 245-1000
Fax:
(646) 509-2060
Email:

WAYNE N. OUTTEN is Chair and Founding Partner of Outten & Golden LLP. He was the Managing Partner from the founding of the firm in 1998 until the end of 2018. His practice focuses exclusively on representing individuals in all areas of employment law. He co-chairs the firm’s Executives and Professionals and Whistleblower Retaliation Practice Groups.

Mr. Outten’s practice focuses on representing high-level employees and professionals in all aspects of their employment, including negotiation of employment, compensation, and severance agreements. He is the author of the “Representing the Executive” chapter in Executive Compensation (BNA Books). His practice includes representing employees in multinational employment contexts, including expatriate and seconded employees.

Mr. Outten’s notable cases include: a recovery of more than $12 million in a gender discrimination/retaliation case against Morgan Stanley in federal court; an $18.9 million arbitration award in a breach of contract case against Deutsche Bank (with partner Larry Moy);  and a $71.5 million arbitration award under a profit participation plan against another international bank – perhaps the largest arbitration award in an employment case (with partners Larry Moy and Tammy Marzigliano).

Mr. Outten was selected by his peers as one of the “Best Lawyers in America” every year since 1987 and as one of New York’s Super Lawyers, where he is listed as one of the Top 100 New York Metro Super Lawyers every year since 2006. Best Lawyers designated him "Lawyer of the Year 2010" for Labor and Employment Law - New York City and "Lawyer of the Year 2012" for Litigation - Labor and Employment in New York City. He was selected for the Lawdragon 500 Leading Lawyers in America every year from 2005 through 2013, and for the Lawdragon 500 Leading Litigators in America in 2006.  Mr. Outten has been an AV Preeminent Rated Lawyer in the LexisNexis Martindale-Hubbell Top Rated Lawyers since 1992.

Mr. Outten was a Co-Founder in 1993 of Workplace Fairness, a charitable/educational organization, and is its current President. He is Co-Founder and Co-Chair of the Lawyers International Network for Employees and Executives (LINEE).

He was a law clerk for U.S. District Court Judge Gus J. Solomon, District of Oregon (1974-76) and was an instructor at the NYU School of Law (1976-1978). He was an associate and then a partner at Lankenau Kovner & Outten, LLP (1979-1998).

Mr. Outten received his B.S. from Drexel University in 1970 and his J.D. from New York University School of Law in 1974, where he was an Arthur Garfield Hays Civil Liberties Fellow.

(*Prior results do not guarantee a similar outcome.)

Areas of Practice

  • Employment Law
  • Executives and Professionals
  • Whistleblower Retaliation

Bar Admissions

  • New York, 1979
  • U.S. District Court Southern District of New York, 1979
  • U.S. District Court Eastern District of New York
  • U.S. Court of Appeals 2nd Circuit, 1988
  • U.S. Supreme Court, 1997
  • Maryland, 2010

Education

  • New York University School of Law, New York, New York
    • J.D. - June, 1974
  • Drexel University, Philadelphia, Pennsylvania
    • B.S. - June, 1970

Published Works

  • Privacy in the Employment Relationship, chapter in Privacy Law and Practice, 1987
  • Employee and Applicant Testing, NELA/Mathew Bender/Lexis, 1990
  • Cross-Examining a Defense Psychologist in a Sexual Harassment Case, The Practical Litigator, 1993
  • The Rights of Employees and Union Members: The Basic ACLU Guide to the Rights of Employees and Union Members (An American Civil Liberties Union handbook), Univ. Press , 1984
  • Pleadings, chapter in Employment Litigation in New York, 1996
  • Are Partners "Employees" Under Federal Employment Discrimination Law?, Law Firm Partnership and Benefits Report, 1996
  • "Glass-Ceiling" Lawsuits Threaten "Old Boy" Network, Law Firm Partnership and Benefits Report, 1996
  • Extraterritorial Application of U.S. Laws: Anti-Discrimination, ABA/BNA Books, 1997
  • New York Employment Complaints and Answers/FAST, West Pub, 1998
  • Employment Issues For Multi-National Employers And Employees: Legal Restraints On Foreign Employers Doing Business In The United States, ABA ERR 1998 Annual Meeting Toronto, 1998
  • Ten Ways for Law Firm Management to Avoid Employee Lawsuits, Law Firm Partnership and Benefits Report, 1999
  • Negotiating the Severance Agreement from the Employee's Perspective, The Practical Litigator, 1999
  • Outten's Admonitions Or Top Ten Ways For Employers To Avoid Employee Lawsuits, Law Firm Partnership and Benefits Report, 1999
  • When And How Can A Law Firm Expel A Partner?
  • The Financial Rights Of A Departing Law Partner, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2000
  • What To Do If You Are Fired
  • Practice Pointers on Opposing the Affirmative Defense that the Employer Took Reasonable Steps to Prevent Sexual Harassment: Perspective of a Plaintiff's Attorney, 656 PLI/Lit. 187, 2001
  • Overview of Workplace Claims in New York: Perspective of Employees’ Counsel, 662 PLI/Lit. 1179, 2001
  • Marshalling the Evidence in Employment Discrimination Cases: A Perspective from the Plaintiff’s Bar, 657 PLI/Lit. 101, 2001
  • Determining the Financial Rights of a Departing Partner, Law Firm Partnership and Benefits Report, 2000
  • Non-Compete Agreements: Emerging Issues From The Perspective Of Employee's Counsel, 2001
  • Employment Agreements - Change Of Control Agreements, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2001
  • Negotiating Settlement Agreements: An Employees' Lawyer's Perspective 1, BNA Books, 2002
  • Negotiating Settlement Agreements: An Employees' Lawyer's Perspective, BNA Books, 2002
  • Negotiating ADR Agreements: An Employees' Lawyer's Perspective, BNA Books, 2002
  • How Law Firms Can Avoid Retaliation Claims, Law Firm Partnership & Benefits Report, 2002
  • Negotiations And ADR In Employment Disputes: An Employees' Attorney's Perspective, The Bureau of National Affairs, Inc, 2003
  • Mediation Of Employment Disputes, Excerpt from "Chapter 16. Representing the Executive", 2003
  • Handling Disputes Involving Current Employees, Excerpt from "Chapter 16. Representing the Executive", 2003
  • Employment Agreements - Negotiating Employment Agreements, Excerpt from "Chapter 16. Representing the Executive", 2003
  • When Your Employer Thinks You Acted Disloyally: The Guarantees And Uncertainties Of Retaliation Law, 2003
  • Developments In Harassment Law: Update For 2002-2003, 20th Annual Upper MidWest Employment Law Institute, 2003
  • Can Law Firm Partners Sue The Firm For Employment Discrimination?, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2004
  • Mediation Advocacy: An Employees' Attorney Perspective, 2004
  • Clients: To Whom Do They Belong?, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2004
  • Working with the Equal Employment Opportunity Commission, Employee Rights and Employment Policy Journal, Vol 10, No. 2, 2006
  • Counseling Multinational Employees: Their Rights And Remedies Under US Law, 2006
  • Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firm’s Employees?, Law Firm Partnership & Benefits Report, 2007
  • Representing the Executive, BNA Books, 2002
  • New Laws Expand Whistleblower Protections, Employment Law Strategist, 2011
  • ADR in Employment Law, Bloomberg BNA Books, 2015
  • The Employment Lawyer as Problem-Solver, NELA Nite, 2016
  • The Employment Lawyer As Problem Solver, 2016
  • Article Co-Authored by Wendi Lazar Reveals Why Women Lawyers in BigLaw Earn Less Than Male Colleagues and Ways to Close the Pay Gap, O&G Employment Law Blog, 2016

Classes/Seminars

  • Panelist: "Managing Partner Roundtable | Developing a Culture of Attorney Satisfaction", New York State Bar Association, Law Practice Management Committee Annual Meeting
  • Moderator: "The Arbitration Dichotomy: Advances Outside the US while Challenges to Its Use in the US Continue", American Bar Association, Section of Labor & Employment Law, Annual Conference of the International Labor & Employment Lawyers Committee
  • Speaker: "Employees’ Lawyer’s Perspective: Resolving Highly Emotional Workplace Complaints and Claims", Practising Law Institute, Program on Psychological Issues in the Workplace
  • Panelist: "Representing Highly Compensated Employees", Maryland Employment Lawyers Association, Annual Conference
  • Speaker, Moderator: "Not Just Plain Vanilla: Creative Settlement Terms in Employment Disputes", National Employment Lawyers Association, NELA Annual Convention
  • Moderator: "Deferred Compensation Issues in Negotiating Severance Agreements", National Employment Lawyers Association, NELA 2016 Annual Convention
  • Moderator: "Independent Contractors and Interns, "Zero-Hours" Contracts and Just-in-Time Scheduling: Organizing, Representing and Bargaining with Precarious Workers Faced with market pressures to increase the bottom line, companies around", American Bar Association Section of Labor & Employment Law International Labor and Employment Law Committee Midyear Meeting
  • Panelist: "Navigating International Labor and Employment Issues in Corporate Transactions: Know the Issues; Consult the Experts", Law Education Institute, National CLE Conference
  • Keynote Speaker: "Employment Lawyer as Problem Solver", Connecticut Bar Association, Labor & Employment Law Section
  • Moderator: "Pay and Leave", Fourth TransAtlantic Conference, U.K. Employment Lawyer Association and ABA Labor & Employment Law Section International Committee
  • Panelist: "The New Restatement of Employment Law", National Employment Lawyers Association/ New York
  • Moderator: "Cutting Edge Issues in EU and NA Discrimination Laws", American Bar Association Section of Labor & Employment Law, International Labor & Employment Law Committee Midyear Meeting
  • Speaker: "The New Restatement of Employment Law: Its Strengths, Weaknesses & Ambiguities", NELA 2014 Annual Convention: Blazing the Trail, Courage, Challenge, Change
  • Speaker: "International Issues to be Aware Of", Law Education Institute, National CLE Conference
  • Co-presenter: "Negotiating Non-Monetary Terms -- Employment Settlement Agreements", ABA Labor & Employment Law Section Webinar
  • Panelist: "Compensation and Discrimination/Equal Pay Issues in the Financial Services Sector", ELA, Third Transatlantic Conference
  • Moderator: Plenary Session-Case Study addressing the following issues: Cross-Border US/UK fact pattern raising potential sexual harassment, performance, pregnancy/maternity leave & promotion issues; Strategic concerns on how best to manage litigation in US/UK, including EEOC involvement from a plaintiff and defendant point of view; Assessment/value of claims in US/UK; Mediation stategies, ELA, Third Transatlantic Conference
  • Speaker: "Let?s Make a Deal: Settlement Agreements A-Z", American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee, Midwinter Meeting
  • Panelist: Hofstra Labor & Employment Law Journal 30th Anniversary Reception and Symposium, Hofstra, Arbitration and Mediation in Labor and Employment Law
  • Co-presenter: "Negotiating Executive Severance Agreements", American Bar Association Premiere Webinar
  • Panelist: "Arbitration and Mediation in labor & Employment Law", Hofstra Labor & Employment Law Journal's 30th Anniversary Symposium
  • Panelist: "2011 A Year in Review, HR's Biggest Challenges", Five O'Clock Club
  • Panelist: "The Lawsuit Seesaw: U.S. Discrimination vs. European Unfair Dismissal", Law Education Institute
  • Panelist: "What Every HR Executive Needs to Prepare for 2012 Challenges", The Five O'clock Club
  • Panelist: "Employment Agreements for Employees and Independent Contractors", ABA Labor & Employment Law Section Annual CLE Conference
  • Panelist: "A Pragmatic Approach to Mediation by Litigators for Litigators", New York City Bar Association
  • Panelist: "Law Firm Partnership Issues", NELA/NY Conference
  • Moderator: "Employment Agreements 101", NELA Annual Convention
  • Moderator: "Employment Discrimination Laws: EU and US Perspectives", ABA Labor & Employment Law Section, International Labor & Employment Law Committee
  • Lecturer: "Taxable Damages in Employment Cases", Non-Qualified and Attorney Fee Structures Conference
  • Moderator: "A Comparison of How Litigation is Handled Outside the U.S.", ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Conference
  • Moderator: "Alternative Fee Arrangements from Different Countries", ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Conference
  • Lecturer: "Supreme Court Developments in Employment Law in 2010: What You Need to Know in This Changing Landscape", New York City Bar Association
  • Lecturer: "Skills for Alternative Dispute Resolution", Practicing Law Institute, Bridge-The-Gap II for Newly Admitted Attorneys
  • Lecturer: "Cross-Border Labor Importation and Migration: Implications for U.S. and E.U. Lawyers", ABA, Labor & Employment Law Section, International Labor & Employment Law Committee
  • Lecturer: "Strategies for Meeting Diversity Goals in the Legal Profession", ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee
  • Lecturer: Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law: "Moving Towards the Future", Hofstra Law School
  • Lecturer: "Arbitration Under Attack: The Future of ADR?", CPR Institute for Conflict Prevention & Resolution, 2010 Annual Meeting ? Global ADR: The New Reality
  • Lecturer: "We Don't Do Things That Way Here Stranger: International Practice Gotcha's", Law Education Institute - Labor & Employment Law
  • Lecturer: "Mediation Advocacy: the Perspective of Employee's Counsel", National Employment Lawyers, New Jersey
  • Lecturer: "Litigation Strategy: Plaintiffs' Counsel, A Moderated Discussion", Practicing Law Institute, 38th Annual Institute on Employment Law
  • Lecturer: "Regulating Executive Compensation", New York University School of Law
  • Lecturer: "Preparing for Mediation - Tips for the Advocate and Tips for the Mediator and Mandatory Arbitration - Pyett and Beyond", New York State Bar Association, Labor & Employment Law Section Fall Meeting
  • Lecturer: "Executive Employment Agreements & Executive Compensation", National Employment Lawyers Association/New York
  • Lecturer: "Why Diversity Matters: Not Just Talking But 'Walking the Walk'", National Employment Lawyers Association Annual Convention
  • Lecturer: "The Employment 'Pre-Nuptial' - Counsel Go Head to Head Over Non-Competition, Confidentiality and other Restrictions on Employees", Upper Midwest Employment Law Institute
  • Lecturer: "The Divorce Wars - When the Departing Employee Leaves with Trade Secrets, Employees, and other Valuable Corporate Assets", Upper Midwest Employment Law Institute
  • Co-Producer & Discussion Leader: "UK Employment Lawyers Association", Labor & Employment Law Conference
  • Lecturer: "The Role of Courts in Policing Professionalism", ABA Labor & Employment Section, Committee on Ethics and Professionalism
  • Lecturer: "Workplace Issues in the Current Economic Climate and the Role of Dispute Resolution", Association of Conflict Resolution of Greater New York
  • Lecturer: "Protecting Your Rights as an Administrator Under the Law", Association of Legal Administrators
  • Lecturer: "Dealing with the International Employee", Colorado Bar Association, National CLE Conference
  • Lecturer: "Crucial Strategies in Negotiating Employment and Separation Agreements", ABA Labor & Employment Law Section Annual CLE Conference
  • Crucial Strategies in Negotiating Employment and Separation Agreements, ABA Labor & Employment Law Section Annual CLE Conference

Honors and Awards

  • Best Lawyers in America, 1987 - 2019
  • Lawdragon 500 Leading Plaintiff Employment Lawyers
  • Super Lawyers, 2006 - 2018
  • Lawdragon 500 Leading Lawyers in America, 2005 - 2018
  • Lawdragon Legend (one of 50 in U.S.)
  • Intercontinental Finance Magazine ICFM 500 Leading Lawyers, 2014 - 2015
  • Award as Founding Leader (30th Anniversary), National Employment Lawyers Association
  • Social Justice Leadership Award, The Ethical Humanist Society of Long Island
  • Top 100 New York Super Lawyers, 2006 - 2014
  • Best Lawyers' Lawyer of the Year, Labor and Employment Law NY
  • The International Who's Who of Management Labour & Employment Lawyers (only employee-side attorney in U.S.)
  • Honoree, Fifth Anniversary Celebration of A Better Balance
  • Award for Pro Bono Assistance, Legal Services NYC
  • Best Lawyers' Lawyer of the Year, Labor and Employment Law NY
  • Public Interest Award of the Public Interest Law Student Association, CUNY School of Law
  • Samuel M. Kaynard Award for Excellence in the Field of Labor & Employment Law, Hofstra Law School
  • Distinguished Community Leader Award, CUNY School of Law
  • Partner in Justice Award, MFY Legal Services, Inc.
  • The ALMO (Alumni of the Month), New York University School of Law, August
  • Distinguished Alumnus, LeBow College of Business, Drexel University
  • Lawdragon 500 Leading Litigators in America
  • Award for Dedicated Service, National Employment Lawyers Association/New York Affiliate
  • Fellow, College of Labor & Employment Lawyers
  • Fellow, Arthur Garfield Hays Civil Liberties

Professional Associations and Memberships

  • National Employment Lawyers Association, Founding Member, Executive Board
  • National Employment Lawyers Association, Co-Chair, International Law Committee
  • Workplace Fairness, a Charitable/Educational Organization, Co-Founder
  • College of Labor and Employment Lawyers, Founding Governor, 1996 - 2003
  • American Bar Association, Labor and Employment Law Section, Council, 2000 - 2008
  • American Bar Association, International Labor Section, Employee Co-Chair
  • American Bar Association, Membership Development Section, Co-Chair, Membership Development Committee
  • American Bar Association, Employment Rights and Responsibilities, Employee co-chair
  • American Bar Association, Labor and Employment Law, Liaison to Responsibilities and Pro Bono Work Committee
  • New York State Bar Association, Labor & Employment Law Section, Active Member, Executive Committee
  • New York State Bar Association, Co-Chair, International Labor & Employment Law Committee
  • New York State Bar Association, Co-Chair, Alternative Dispute Resolution Committees
  • CPR Institute for Dispute Resolution, Member, Employment Disputes Committee
  • New York Civil Liberties Union (Nassau Chapter), Member, Board
  • New York Civil Liberties Union, Member, Executive Committee
  • National Employment Lawyers Association/New York, Founder, 1986 - Present
  • National Employment Lawyers Association/New York, Former President

Past Employment Positions

  • U.S. District Court Judge Gus J. Solomon, District of Oregon, Law Clerk, 1974 - 1976
  • Lankenau Kovner & Outten, LLP, Associate, Partner, 1979 - 1998

Languages

  • English (Primary)