Matthew Berman represents individuals and groups in lawsuits filed with Federal and State courts, administrative agencies, and arbitration panels. His practice concentrates on employment law, where he exclusively represents claimants.

Prior to joining Valli Kane & Vagnini LLP, where he is a partner, Matthew worked at a Madison Avenue trial boutique and also for one of the nation’s preeminent plaintiff’s class action firms, where he has helped clients recover hundreds of millions of dollars.

REPRESENTATIVE INDIVIDUAL LITIGATION:

Fischman v. Mitsubishi Chemical Holdings America, Inc. et al., 1:18-cv-08188-JMF (S.D.N.Y.) (Acting General Counsel of a Fortune 500 Company asserting claims of Gender Discrimination and unlawful termination) (adverse to Shearman & Sterling LLP and Gordon Rees Scully Mansukhani, LLP);

Cathy Areu v. Fox News Network, LLC, Tucker Carlson, Sean Hannity, et al., 1:20-cv-08678-RA-GWG (S.D.N.Y.) (Celebrity pundit the “Liberal Sherpa” asserting claims of quid pro quo sexual harassment against Fox and its various opinion hosts) (adverse to Jones Day and Proskauer);

Lenzi v. Systemax, Inc. et al., 2:14-cv-07509-SJF-JMW (E.D.N.Y.) (Chief Risk Management Officer of Fortune 500 Company alleging gender discrimination in compensation and unlawful termination) (adverse to Jackson Lewis P.C.); and

Smith v. O’Neill, New York Supreme Court, New York County, Index No. 101618/2017 (Article 78 “Mandamus” proceeding brought on behalf of NYPD Evidence Collection Team members seeking compensation for performing detective duties pursuant to the New York City Administrative Code) (adverse to NYC Corporation Counsel).

REPRESENTATIVE CLASS ACTION LITIGATION:

Chalmers v. City of New York, 1:20-cv-03389-AT (S.D.N.Y.) (Race discrimination case brought on behalf of NYC FDNY Fire Protection Inspectors alleging compensation discrimination) (adverse to NYC Corporation Counsel);

Hines v. C.B.S. Corp., et al., 1:15-cv-07882 (one of a series of 13 cases recovering more than $30 million for a class of 500+ Parking Production Assistant (“PPA”) plaintiffs alleging they were denied overtime wages while holding open parking spaces for film production vehicles) (adverse to Morgan Lewis);

• This case was one of the top fifty (50) settlements within the state of New York during the year 2018 according to the Top Verdict report: https://topverdict.com/lists/2018/new-york/50-settlements

Leach et al. v. NBC Universal Television Group et al., 15-cv-07206 (S.D.N.Y.) (PPA FLSA suit) (adverse to Paul Weiss);

Morgan et al. v. Warner Bros. Pictures, et al., 16-cv-01411 (S.D.N.Y.) (PPA FLSA suit) (adverse to Morgan Lewis); 

Indergit et al. v. Rite Aid, 08-cv-09361 (S.D.N.Y.) (FLSA/NYLL misclassification case on behalf of thousands of assistant store managers asserting denial of overtime wages) (adverse to Ogletree, Deakins); and

Romero et al. v. Allstate Insurance, et al., 01-cv-03894 (E.D. Pa.) (alleging unlawful termination of 2000+ insurance agents violated the Age Discrimination in Employment Act) (adverse to Kirkland & Ellis).

REPRESENTATIVE HOUSING RIGHTS LITIGATION:

Dorce v. City of New York, 1:19-cv-02216 (S.D.N.Y.) (Constitutional challenge to NYC statute applied to foreclose upon properties owing minor amounts for unpaid sewage, water, and emergency repair charges and to convey them to third party real estate developers without compensating the former property owners for the seizure of their surplus equity in the property) (adverse to NYC Corporation Counsel); and

421-a Tenants Ass’n et al. v. 125 Court Street LLC, et al., 17-cv-563 (E.D.N.Y.) (RICO lawsuit alleging landlord circumvented rent-stabilization laws while obtaining Section 421-a tax benefits) (adverse to Bracewell).

NOTABLE PAST SUCCESSES:

In re UnitedHealth S’holders Deriv. Litigation (D. Minn.) ($920 million recovery — from individual defendants — on claims asserting backdating of stock options);

In re Merck & Co., Inc. Securities Litigation (D.N.J.) ($830 million recovery in case alleging fraudulent concealment of adverse cardiovascular risks associated with Vioxx);

In re Pfizer Inc. S’holders Deriv. Litigation (S.D.N.Y.) (alleging breach of fiduciary duty in “off label” sales of pharmaceuticals) ($75 million recovery); and

Auto Finance Discrimination – Multidistrict disparate impact race discrimination suits brought on behalf of African-American borrowers pursuant to the Equal Credit Opportunity Act (“ECOA”) ($100+ million in total class recovery), including:

Casson v. Nissan Motor Acceptance Corp, 3:98-cv-00223 (M.D. Tenn. 1998);

Baltimore v. Toyota Motor Credit Corp., 00-cv-8415 (S.D.N.Y. 2001);

Jones v. Ford Motor Credit Company, 00-cv-08330 (S.D.N.Y. 2000);

Coleman v. General Motors Acceptance Corp., 3:98-cv-00211 (M.D. Tenn. 1998).