Cara E. Greene - Employment Discrimination Lawyer New York City

Advocacy: Employees deserve a strong advocate — an advocate who will fight tenaciously for their interests while also providing objective and honest advice.

Cara E. Greene

Partner
New York Office
(212) 245-1000

About

CARA E. GREENE is a partner at Outten & Golden LLP in New York, where she represents employees and partners in litigation and negotiation in all areas of employment law, including executive and professional contracts and compensation; lawyers as clients; discrimination class actions; whistleblowing; and discrimination based on disability, pregnancy, and family responsibilities. She is Co-Chair of O&G's Family Responsibilities and Disability Discrimination Practice Group and is active in the Financial Services Practice Group and the Executives and Professionals Practice Group.

In addition to reviewing and negotiating employment contracts and compensation guarantees, as well as severance agreements and other exit arrangements, Ms. Greene has litigated both individual and class action cases on behalf of a variety of employees including low-wage hourly workers, highly compensated professionals, and employees in the financial services industry.

She sits on the Executive Committee of the New York State Bar Association’s Labor and Employment Law Section; is an active member of the American Bar Association’s Labor and Employment Law Section (Employment Rights and Ethics and Professional Responsibilities Committees); a member of the National Employment Lawyers Association and its New York affiliate, NELA/NY, and a member of the New York City Bar Association. Ms. Greene is a frequent speaker at employment law programs and is on the Board of Editors for the Law Firm Partnership and Benefits Reporter.

Before law school, Ms. Greene was an Ohio LSC Legislative Fellow, working with Ohio State Senator Rhine McLin and the Ohio Senate Minority Caucus.

Ms. Greene received her B.A. in political studies from Gordon College, where she was an A.J. Gordon Scholar. She received her J.D. from Fordham University School of Law.

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Bar Admissions & Professional Activities

  • Ms. Greene is admitted to practice in the State of New York, the District Courts for the Southern, Northern, Eastern, and Western Districts of New York, the Second Circuit Court of Appeals, and Washington, DC.

  • Member, National Employment Lawyers Association (NELA), NELA New York

  • Member, American Bar Association (Labor and Employment Law Section)

  • Member, New York City Bar Association

  • Member, New York State Bar Association (Labor and Employment Law Section, Executive Board, Co-Chair Ethics Sub-Committee)

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Speaking Engagements

Ms. Greene is a regular speaker on employment-related matters, partnership law, and ethics issues.

2018

  • Panelist: "Balancing Workplace Safety with Employee Rights," ABA Section of Labor and Employment Law, 12th Annual Labor and Employment Law Conference, San Francisco, CA
  • Panelist: "Ethical Considerations Implicated By ESI," National Employment Lawyers Association, Spring Seminar: ESI & Technology For The Plaintiffs’ Employment Lawyer, Vienna, VA
  • Panelist: "Managing Ethics Issues When Your Client is In the Wrong," American Bar Association, Section of Labor & Employment Law, Ethics and Professional Responsibility Committee Midwinter Meeting, Clearwater Beach, FL
  • Panelist: "#MeToo: Preventing Sexual Harassment in the Legal Workplace," American University Washington College of Law, Washington D.C.

2017

  • Panelist: "Plenary IV: Ethically Dealing with Difficult Clients," New York State Bar Association, Labor and Employment Law Section, Fall Labor & Employment Law Section Meeting, Bolton Landing, NY
  • Panelist: "The Ethics of the Disruptive Client," ABA Section of Labor & Employment Law, Ethics and Professional Responsibility Committee, Midwinter Meeting, Puerto Vallarta, Mexico
  • Panelist: "FMLA Games," ABA Section of Labor & Employment Law, Federal Labor Standards Law Committee, Midwinter Meeting, Playa del Carmen, Mexico
  • Panelist: "Emergency Ethics," New York State Bar Association, Labor and Employment Law Section, Labor and Employment Law Section Meeting, New York, NY

2016

  • Panelist: "Equal Pay/Pay Equity Issues in Employment Law," Practicing Law Institute, Employment Law Institute, New York, NY
  • Conference Co-Chair: "Labor and Employment Law," American Bar Association, Section of Labor & Employment Law, 10th Annual Conference, Chicago, IL

2015

  • Panelist: "Gender Pay Disparities: Enforcement, Litigation, and Remedies," National Employment Law Association/New York, New York, NY
  • Speaker: "Ethics in Labor and Employment Arbitration," New York City Labor and Employment Relations Association, New York
  • Panelist: "Recent Developments in Pregnancy Discrimination Law," National Conference on Equal Employment Opportunity Law, Miami, FL
  • Conference Vice-Chair: "Labor and Employment Law," American Bar Association, Section of Labor & Employment Law, 9th Annual Conference, Philadelphia, PA

2014

  • Panelist: "Ethical Issues in Representing Multiple Clients: We're All in this Together—Or Are We?," American Bar Association, Section of Labor & Employment Law, Midwinter Meeting, Los Cabos, Mexico
  • Speaker: "Social Media and Legal Ethics," , 31st Annual Carl A. Warns, Jr. and Edwin R. Render Labor and Employment Law Institute, Louisville, KY
  • Panelist: "Restrictive Covenants and Faithless Servant Litigation," Suffolk County Bar Association, Hauppauge, NY

2013

  • Panelist: "Update Ethic 20/20," American Bar Association, Section of Labor & Employment Law, Ethics & Professional Responsibility Committee Midwinter Meeting, Miami Beach, FL
  • Speaker: "The Business and Ethics of Hanging Out Your Shingle," American Bar Association, Section of Labor & Employment Law, Ethical, Practical and Technological Issues in Managing a Labor and Employment Law Practice, 7th Annual Labor and Employment Law Conference - Annual CLE Conference, New Orleans, LA
  • Panelist: "Ethics in Discovery: Where the Rubber Meets the Road," American Bar Association, Section of Labor & Employment Law, New York, NY
  • Speaker: "Do Lawyers Have an Ethical Duty to Understand Technology," American Bar Association Section of Labor & Employment, National Symposium on Technology and Labor and Employment Law, Berkeley, CA
  • Panelist: "Ethics: A to Discovery," National Employment Lawyers Association—New York Chapter, New York, NY
  • Moderator: "Ethics in Employment Law," New York City Bar Association, New York, NY

2012

  • Panelist: "Love Triangle in Sin City: A Modern Day Mock Trial," American Bar Association, Section of Labor & Employment Law, Midwinter Meeting of the American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee, Las Vegas, NV
  • Panelist: "Ethics and Social Media for Plaintiffs' Employment Lawyers," National Employment Lawyers Association Annual Conference, San Diego, CA
  • Panelist: "Ethics for Government Attorneys," The College of Labor & Employment Lawyers New York, Connecticut, and Northern New Jersey, New York, NY
  • Panelist: "Ethical Considerations in Alternative Dispute Resolution," National Employment Lawyers Association, National Employment Lawyers Association ABCs of Alternative Dispute Resolution, Seattle, WA
  • Lecturer: "Ethical Issues in Terminating a Client-Lawyer Relationship," Association of Towns Annual Meeting and Training, New York, NY
  • Panelist: "Emergency Ethics for the Employment Lawyer," National Employment Lawyers Association Annual Conference, Hunter, NY

2011

  • Panelist: "Top 5 Things to Tell Your Client in Preparing for Mediation," Colorado Bar Association, National CLE Conference, Vail, CO
  • Panelist: "Remaining Civil with the Uncivil," The College of Labor & Employment Lawyers New York, Connecticut, and Northern New Jersey, New York, NY
  • Panelist: "Ethics in Employment Law," National Employment Lawyers Association—New York Chapter, New York, NY
  • Panelist: "Technology Tools and Legal Ethics," American Bar Association, National Symposium on Technology in Labor & Employment Law, New York, NY
  • Panelist: "Two Years Down the Road with the Lilly Ledbetter Fair Pay Act - a look back on equal pay developments and a look ahead to upcoming implications for class litigation," American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee/Ethics and Professional Responsibility Committee, Midwinter Meeting, San Juan, PR
  • Panelist: "Practice Profiles—Labor and Employment Law," Fordham University School of Law, New York, NY
  • Panelist: "Responding to a World of Rapidly-Changing Technology," American Bar Association, Labor and Employment Law Section, Annual CLE Conference, Seattle, WA
  • Panelist: ""Client, You're Fired!" Ethical Issues in Terminating the Client Lawyer Relationship," New York State Bar Association, NYSBA Annual Meeting, New York, NY
  • Moderator: "Forget Romance, Get it in Writing: The Ethics of Engagement Letters," New York State Bar Association, Labor and Employment Law Section, Fall Meeting, Sarasota Springs, NY

2010

  • Panelist: "FMLA⁄ADA and USERRA Update," Colorado Bar Association, National CLE Conference, Vail, CO
  • Panelist: "Equal Employment Opportunity and Discrimination Law and Regulatory Change," The College of Labor & Employment Lawyers New York, Connecticut, and Northern New Jersey, New York, NY
  • Panelist: "Ethical Issues Surrounding Third Party Payer Situations," New York State Bar Association, Labor and Employment Law Section, Fall Meeting, Longboat Key, FL
  • Moderator: "Le Divorce: Hot Issues in Negotiating Severance Agreements," National Employment Lawyers Association, Washington DC
  • Panelist: "No Day at the Beach—Conflicts of Interest," American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee/Ethics and Professional Responsibility Committee, Midwinter Meeting (Joint Panel), New York, NY
  • Panelist: "Ethics in Employment Law," National Employment Lawyers Association—New York Chapter, New York, NY

2009

  • Panelist: "Fighting the Discovery Battle Without Losing the Ethics War" (Joint Panel)," American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee/Ethics and Professional Responsibility Committee, Midwinter Meeting, Key West, FL
  • Lecturer: "Pregnancy and the Law," Legal Health (New York Legal Assistance Group)—Beth Israel Medical Center, New York, NY
  • Panelist: "Practice Profiles—Labor and Employment Law," Fordham University School of Law, New York, NY
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Publications & Articles

Ms. Greene has authored and co-authored numerous articles on employment-related matters, partnership law, and ethics issues.

Representing Clients Ethically in the Digital Age

Cara E. Greene, Law Firm Partnership & Benefits Report, April 2015, co-authored with Shirley Lin.

Supreme Court Shows The Way To A Jury In Pregnancy Discrimination Cases

Outten & Golden LLP attorneys Cara Greene and Deirdre Aaron, and Shirley Lin discuss pregnancy discrimination.

The Family Medical Leave Act: 2015 Cumulative Supplement

Cara E. Greene, Chapter 10 Editor, Melissa Pierre-Louis Associate Editor, ABA/BNA Books, 2015

Restrictive Covenants and Partnership Agreements: Staying on the Right Side of the Ethics Rules While Protecting Firm Interests

Cara E. Greene, Law Firm Partnership & Benefits Report, October 2013

The Family Medical Leave Act: 2013 Cumulative Supplement

Cara E. Greene, Chapter 10 Editor, ABA/BNA Books, 2013

Ethics Concerns When Computing in the Cloud and on the Earth

Cara E. Greene, Law Firm Partnership & Benefits Report, November 2011

New Laws Expand Whistleblower Protections

Wayne N. Outten and Cara E. Greene, Employment Law Strategist, November 2011.

The Family Medical Leave Act: 2011 Cumulative Supplement

Cara E. Greene, Chapter 10 Editor, ABA/BNA Books, 2011.

Whose Signature Is on the Check?

Cara E. Greene, Law Firm Partnership & Benefits Report, November 2010

The Dodd-Frank Act's Whistleblower Provisions: The Act's Best Hope For Exposing Financial Wrongdoing

In this BNA Insights article, Outten & Golden attorneys Tammy Marzigliano and Cara E. Greene take a close look at these provisions and the effects of preceding laws, such as the Sarbanes-Oxley Act, to examine what their future impact might be. Bloomberg BNA, Workplace Law Report, 10/22/2010.

On Sept. 15, 2008, Lehman Brothers collapsed, sending shock waves through the financial services industry and portending the industry's broader meltdown. Less than two weeks later, Washington Mutual was seized by the federal government and placed into receivership. Over the next year, more than 100 banks folded, Americans saw $13 trillion in wealth evaporate, and massive securities fraud, like that committed by Bernie Madoff, shook investor confidence to the core. The housing market collapsed, the number of people out of work hit 15.6 million, and the federal deficit ballooned. America was in the midst of the Great Recession.

In response, on July 21, 2010, the federal government enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “act” or “Dodd-Frank Act”), which overhauls and strengthens federal oversight of the financial system. While it is impossible to know whether the financial meltdown could have been avoided had the act's provisions been adopted in 2007 instead of 2010, the question on everyone's mind is whether the Dodd-Frank Act will keep it from happening again. Only time will tell if it will have the desired and intended impact, but the act's whistleblower provisions attempt to ensure that in the future financial fraud and irregularities are exposed long before they corrupt the entire system.

The Family Medical Leave Act: 2009 Cumulative Supplement

Cara E. Greene, Chapter 10 Editor, ABA/BNA Books, 2009.

Family Responsibilities Discrimination in Law Firms

Cara E. Greene and Christopher Willett, Law Firm Partnership & Benefits Report, July 2008

The Family and Medical Leave Act: 2008 Cumulative Supplement

Linda A. Neilan, Associate Editor, & Cara E. Greene, Chapter 10 Editor, ABA/BNA Books, 2008.

Ethics Corner: Third Circuit Vindicates Plaintiff's Attorney

Justin M. Swartz and Cara E. Greene. July, 2007. Ethics Corner is a regular contribution by the ABA, Labor & Employment Law Section’s Ethics and Professional Responsibility Committee.

The Third Circuit recently overturned a district court order disqualifying a plaintiff’s attorney who had conducted an ex parte interview of the defendant’s administrative assistant. EEOC v. HORA, Inc., No. 05-5393, 2007 U.S. App. LEXIS 15705 (3d Cir. June 29, 2007) (unpublished decision). Characterizing the disqualification as “draconian,” the Circuit held that the district court abused its discretion because the lawyer did not violate any ethics rules, and, even if she had, there was no prejudice to the defendant.

The plaintiff’s lawyer, Jana Barnett, represented Manessta Beverly in a sex harassment and retaliation case against a Days Inn franchise and its management company. During discovery, Barnett conducted an ex parte interview of Debbie Richardson, an administrative assistant at the Days Inn. The district court disqualified Barnett for conducting the interview, finding that she violated Pennsylvania Rules of Professional Conduct (“PRPC”) Rules 4.2, 4.4, and 5.7.

The Third Circuit reversed, holding that Barnett did not violate Rule 4.2 because the administrative assistant was not a member of the organization with whom ex parte contact was forbidden. The Third Circuit recently overturned a district court order disqualifying a plaintiff’s attorney who had conducted an ex parte interview of the defendant’s administrative assistant.

Whose Clients Are They? Contacting Putative Class Members

Cara E. Greene and Jill Maxwell, Labor and Employment Law, Vol. 35, No. 3, Spring 2007  www.abanet.org/labor

The prosecution and defense of class actions involve an abundance of ethical considerations. Attorneys must balance zealous advocacy with the governing rules of professional responsibility. For instance, ex parte communications are often an effective and cost-conscious way to glean information, but attorneys on both sides must consider whether contact with putative class members is permissible and, if so, what form that contact may take. With a little forethought, however, lawyers can ensure that they do not overstep ethics rules when contacting putative class members.

Challenges To Law Firm Mandatory-Retirement Policies

Employment law attorney Cara E. Greene writes about Challenges to Law Firm Mandatory-Retirement Policies. This article originally appeared in Law Journal Newsletters' Accounting and Financial Planning for Law Firms, February 2007. For more information, visit www.ljnonline.com. Authored with Gary Phelan.

A 2006 survey report indicated that 57% of law firms with 100 or more attorneys have mandatory retirement age policies. See, L. Jones “Pitfalls of Mandatory Law Firm Retirement,” National Law Journal, May 24, 2006. But legal challenges to mandatory retirement policies at law firms are likely to become more common as baby boomers reach retirement age.

The debate over whether a law firm can have a mandatory retirement age has focused on the threshold question of whether the “partner” is deemed an “employer” or an “employee.” For each class of lawyer, this article explores possible legal remedies. 

Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firm’s Employees?

Wayne N. Outten and Cara E. Greene, Law Firm Partnership & Benefits Report, June 2007

At the Tipping Point: Mandatory Retirement and Law Firms

Gary Phelan and Cara E. Greene, Law Firm Partnership & Benefits Report, November 2006 and December 2006.

The DOL’s New FLSA White Collar Exemption Regulations and Working with the DOL on FLSA Actions

Adam T. Klein, Mark R. Humowiecki, Tarik F. Ajami, and Cara E. Greene, Employee Rights and Employment Policy Journal, Vol 10, No. 2, Winter 2006.

The Family and Medical Leave Act: 2006 Supplement

Linda A. Neilan, Associate Editor, & Cara E. Greene, contributing author Chapter 6, ABA/BNA Books, 2006.

Ethics Corner, ABA Labor and Employment Section Flash, featured columnist

Cara E. Greene, Ethics Corner author ABA Labor and Employment Section Flash, featured columnist.

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Awards & Recognition

  • 2018 Lawdragon 500 Leading Plaintiff Employment Lawyers

  • Super Lawyers Super Lawyer 2013 - 2018

  • Super Lawyers Rising Star 2012, New York Metro

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