Laurence S. Moy, employment attorney, New York

Judgment: Our approach is to do what's best for the client. We have the sense to negotiate when possible and the confidence to take cases to trial when necessary.

Laurence S. Moy

Partner
New York Office
(212) 245-1000

About

LAURENCE S. MOY has been practicing law almost exclusively in the area of representing individuals in employment matters since 1985. Mr. Moy co-chairs the firm’s Financial Services Industry Practice Group.  He enjoys representing clients and groups of clients in these highly specialized fields by counseling them, as well as negotiating and litigating on their behalf.

Mr. Moy has extensive experience in arbitration before FINRA (and, previously, the NASD and the NYSE), the American Arbitration Association (“AAA”), and JAMS, as well as trials, appeals, and other litigation experience before federal and state courts concerning employment and general commercial litigation disputes.

Mr. Moy has been lead trial attorney on a number of the most successful litigation cases brought on behalf of individual clients. In perhaps the largest arbitration result obtained in an employment case, Mr. Moy led the trial team, together with Wayne Outten and Tammy Marzigliano, in a complex, international arbitration case, which concluded with a two-week trial/hearing. On behalf of their clients, the team won an arbitration award against a major financial institution exceeding $70 million.   

After more than a year of proceedings, Mr. Moy and Wayne Outten led the trial team in a two-week trial in a vigorously contested arbitration case against financial services giant Deutsche Bank, winning $18.9 million in damages, interest, and expenses. This AAA award represents one of the largest arbitration awards in an employment case.

Mr. Moy and Ossai Miazad also completed a FINRA arbitration proceeding (which included a five-day hearing) in which they represented an investment banker against a well-known international bank. The arbitration panel directed expungement of defamatory language from the banker’s Form U-5, and awarded over $900,000 in damages plus interest.

Mr. Moy and Juno Turner completed another FINRA arbitration (including a six-day hearing) against Barclays Capital Inc., in which the bank claimed that its bonus policy allowed the bank complete discretion in its compensation decisions and that Barclays was not responsible for a bonus given that the registered person was employed at Lehman for most of the year in question. The arbitration panel disagreed, awarding Outten & Golden's client $715,000 plus interest and assessing costs against Barclays.

In addition to litigation, Mr. Moy actively handles many transactional and negotiation matters.  He has successfully mediated and otherwise negotiated many matters both within and outside of the employment context. These negotiations have included the review and preparation of employment contracts and compensation guarantees, as well as severance agreements and other exit arrangements for executives and other professionals.

Mr. Moy devotes a substantial portion of his practice to counseling and advising clients concerning a variety of workplace issues. This work often assists clients through difficult treatment in the workplace, and avoids the need for substantial litigation expense at a later time.

For each year since 2007, Mr. Moy has been selected by his peers as one of the New York Area’s Best Lawyers, as featured in New York Magazine,* and as one of New York’s Super Lawyers – Manhattan Edition.* The Asian American Business Development Center named Mr. Moy one of the 2007 Outstanding 50 Asian Americans in Business.  In 2010, Mr. Moy was elected as a Fellow to the College of Labor & Employment Lawyers.

He is a graduate of Cornell University (B.S. 1982) and Cornell Law School (J.D. 1985).

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

Back to top

Bar Admissions & Professional Activities

  • Mr. Moy is admitted to the bars of the State of New York, the United States District Courts for the Southern, Eastern and Northern Districts of New York, and the United States Court of Appeals for the Second Circuit.

  • Mr. Moy has been selected for a number of projects, panels, and committees involved in educating arbitrators, mediators, administrators, major employers, and other lawyers concerning the arbitration and litigation of employment disputes.

  • In 2007 and 2008, Mr. Moy served on the FINRA Employment Arbitration Task Force. The Task Force -- comprised of the President of FINRA Dispute Resolution, other FINRA officers and staff, arbitrators, and counsel representatives for employer members and employee members -- considered ways in which the Code of Arbitration Procedure for Industry Disputes should be tailored to best deal with employee and brokerage firm disputes.

  • In 1999 Mr. Moy was appointed to the Judiciary Committee of The New York City Bar Association, on which he served through 2002. The Judiciary Committee evaluates the qualifications of judicial candidates and candidates for other offices (such as the Office of the District Attorney for the five counties of New York City) connected with the administration of justice.

Back to top

Speaking Engagements

Mr. Moy is frequently asked to speak at continuing legal education conferences on a variety of subjects concerning the rights of employees.

2018

  • Panelist: "Workshop C: Motion Practice in Arbitration: A Bridge Too Far or a Welcome Development?," New York State Bar Association, Labor & Employment Law Section Meeting, New York, NY

2017

  • Speaker: "Understanding the Complexities of On-Ramping and Off-Ramping in Financial Services," Council of Urban Professionals and the Robert Toigo Foundation Alumni Association, New York, NY

2013

  • Speaker: "Arbitrating Under Employer-Promulgated Mandatory Arbitration Plans," New York State Bar Association, Arbitration Committee, Dispute Resolution Section,
  • Lecturer: "Ethics and Empathy in Arbitration: Can the Decision-Maker's Life Experiences Pose a Problem?," American Bar Association (ABA), Section of Labor and Employment Law, ADR in Labor and Employment Law Committee, MidWinter Meeting
  • Speaker: "Employment Arbitration and Expungements," Practising Law Institute, Securities Arbitration 2013

2012

  • Panelist: "Demonstration of an Expungement Hearing," Practising Law Institute (PLI), Securities Arbitration 2012 Program, New York, NY
  • Panelist: "Expungement Hearings," Practising Law Institute (PLI), Securities Arbitration 2012 Program, New York, NY
  • Lecturer: "Current Developments in Labor & Employment Arbitration," American Bar Association (ABA), Section of Labor and Employment Law, ADR in Labor and Employment Law Committee, MidWinter Meeting
  • Lecturer: "Navigating the Workplace: Employment Law for the Professional," National Association of Asian American Professionals (NAAAP), 2012 National Convention

2011

  • Lecturer: "FINRA Arbitration: Inside Information for Advocates and Neutrals," American Bar Association (ABA), Section of Labor and Employment Law, Seattle, WA
  • Lecturer: "Negotiation Ethics in ADR," American Bar Association (ABA), Section of Labor and Employment Law
  • Lecturer: "Ethics and Professionalism in Securities Law," Practising Law Institute (PLI), Understanding the Securities Laws 2011

2010

  • Lecturer: "Ethics and Professionalism in Securities Law," Practising Law Institute (PLI), Understanding the Securities Laws 2010
  • Lecturer: "Nuts and Bolts of Arbitrating Individual Employment Claims," New York State Bar Association
Back to top

Publications & Articles

Mr. Moy is the author of numerous publications and a respected contributor to legal textbooks. In addition, he is the co-author (with Arthur "Babe" Cranfield, a former World Champion pool player) of two well-recognized books on the subject of pool and billiards, The Straight Pool Bible and Essential Pool, both published by The Lyons Press.

ADR in Employment Law

Wayne N. Outten and Laurence S. Moy; Senior Editor, Arthur Feliu, Editor-in-Chief, Bloomberg BNA Books, 2015

Preparing For Arbitration—Arbitration Before FINRA

Laurence S. Moy, Outten & Golden LLP, January 12, 2011

Arbitrability Of Sarbanes-Oxley Whistleblower Claims

This article explores the arguments presented by member firms and registered employees, and outlines what arbitration panels have decided. Laurence S. Moy. Pearl Zachlewski, Linda Neilan, and Katherine Blostein. The Neutral Corner, Newsletter of FINRA Neutrals, Volume 1, 2008.

Since the passage of the Sarbanes-Oxley Act of 2002 (SOX), arbitrators handling employment claims may be faced with a throny question concerning SOX whistleblower claims: Should a SOX claim be litigated in court or arbitrated? Ultimately, the question comes to whether SOX whistleblower claims constitute "employment discrimination" claims, and are thus exempt from arbitration under Rule 13201 of the Code of Arbitration Procedure for Industry Disputes (Code). This article explores the arguments presented by member firms and registered employees and outlines what arbitration panels have decided.

When Good Deeds Are Punished: The Legal Landscape of Retaliation and Whistleblowing

Co-authored by Laurence S. Moy and Nantiya Ruan, 745 PLI/Lit. 581 (2006)

Whistleblower Claims Under The Sarbanes-Oxley Act Of 2002

Laurence S. Moy, Linda A. Neilan, and Hollis Pfitsch (Summer Associate), Practising Law Institute, October 7-8, 2004, and December 9-10, 2004.

In the wake of recent accounting and corporate scandals, Congress passed the Sarbanes-Oxley Act of 2002 (hereinafter, “Sarbanes-Oxley,” “SOX,” or the “Act”), Public L. No. 107-204, Sec. 806, codified at 18 U.S.C. § 1514A.1 In addition to providing greater oversight of the accounting industry and protecting investors, the Act prohibits employers from retaliating against whistleblowers. (“Whistleblower” might be considered a misnomer since the Act’s scope is not limited to employees who “blow the whistle” by refusing to engage in illegal or wrongful acts or by reporting such activities to the employer or the appropriate authorities.) The Act provides extensive coverage to employees who report improper conduct as well as employees who participate in proceedings relating to same. Companies that fall under the purview of Sarbanes-Oxley are prohibited from discharging, demoting, suspending, threatening, harassing, or discriminating against any employee who engages in protected activity. 18 U.S.C. § 1514A(a).

Prior to Sarbanes-Oxley’s enactment, federal and state whistleblower statutes provided limited protection for a narrow class of employees. The False Claims Act covers employees only if they report fraud on the federal government. 31 U.S.C. § 3730(h).2 In New York, a state statute had provided pre-Sarbanes-Oxley whistleblowers with extremely limited coverage. That statute, New York Labor Law § 740, only protects an employee who “discloses, or threatens to disclose to a supervisor or to a public body an activity, policy or practice of the employer that is in violation of law, rule or regulation which violation creates and presents a substantial and specific danger to the public health or safety.” N. Y. Lab. Law § 740(2). Thus, Sarbanes-Oxley has vastly changed the horizon of protection for whistleblowers in the private sector.

This paper addresses the whistleblowing provisions of the Act and its accompanying regulations, provides guidance to lawyers advising companies responding to potential whistleblower complaints of improper conduct, and reviews the duties of lawyers to report wrongful conduct as per the Securities and Exchange Commission’s (“SEC” or “Commission”) new regulations.

How ADR Works

Laurence S. Moy, contributed chapter on “Preparing for Arbitration,” Norman Brand, Editor, BNA Books, 2002

Preparing For Arbitration: A Plaintiff Lawyer's View

By Laurence S. Moy, Outten & Golden LLP, Chapter 38, 2002. Reprinted by permission from How ADR Works, edited by Norman Brand, published by BNA Books, Washington, D.C. Copyright © 2002 by The American Bar Association, Chicago, IL, published by BNA Books, www.bnabooks.com

Back to top

Awards & Recognition

  • Lawdragon 500 Leading Plaintiff Employment Lawyers 2018

  • Best Lawyers 2007–2019

  • Super Lawyers 2006–2018

  • Fellow, College of Labor & Employment Lawyers, Inducted in 2010

  • The Asian American Business Development Center named Mr. Moy one of 2007 Outstanding 50 Asian Americans in Business.

Back to top