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30.01.21
Practical and Cost-Effective Commercial Litigation
With over 25 years’ experience in securities and commercial litigation, Robert Wisniewski has the requisite experience to provide practical and cost-effective solutions to your business dispute, whether through pre-litigation negotiations or through aggressive litigation: More»

CONTACT

Unpaid Wages<br/>Unpaid Overtime<br/>Tip Violations

Unpaid Wages
Unpaid Overtime
Tip Violations

Wrongful Termination<br/>Discrimination<br/>Retaliation

Wrongful Termination
Discrimination
Retaliation

Sexual Harassment<br/>Hostile Work Environment

Sexual Harassment
Hostile Work Environment

Displacement by H1B Workers<br/>Whistleblower Status

Displacement by H1B Workers
Whistleblower Status

Commercial<br/>Litigation

Commercial
Litigation


OUR FIRM

Experience. Reliability. Results.

Robert Wisniewski has been practicing for over 25 years in state and federal courts, and before arbitral tribunals and governmental agencies. He has been supported by a team of dedicated paralegals, other professionals and of counsel attorneys to vindicate his clients' rights and help them seek the justice and compensation they deserve.

Robert Wisniewski has a reputation as a fierce advocate of his clients' rights. In employment and discrimination cases, he exclusively represents employees. Many attorneys do not set foot in the courtroom and either settle cases quickly for underwhelming amounts or farm out their cases to others, but Mr. Wisniewski is prepared, when necessary, to undertake the tremendous effort and financial expense needed to conduct a trial on your behalf. Given his substantial litigation experience, Mr. Wisniewski is able to work with the clients to determine whether and at what amount to settle the case or to go to trial. His willingness to go to trial usually results in very favorable settlements for aggrieved plaintiffs. Over the years, Robert Wisniewski has taken cases to appellate courts to overturn lower courts' unfavorable decisions so as to obtain the results to which his clients were entitled or to clarify legal standards in the relevant areas of the law.

Jurisdictions Admitted to Practice

  • Supreme Court of the United States of America, 2014
  • United States Court of Appeals for the 2nd Circuit, 2002
  • United States Courts for the:
    • District of New Jersey, 1993
    • Eastern District of New York, 1995
    • Southern District of New York, 1995
    • Western District of New York, 2014
  • New York State Courts, 1994
  • New Jersey State Courts, 1993

Education

Robert Wisniewski received a Juris Doctor Degree from Brooklyn Law School in 1993, where he received Honors for his role as Research Editor at the Brooklyn Journal of International Law. Mr. Wisniewski graduated cum laude in 1987 from Queens College of the City University of New York with a combined Bachelor of Arts/Master of Arts degree in Political Science. He also received a Graduate Research Award and was on the Dean's list and Provost's list during his years of study.

Representative Cases

Kroshnyi et al. v. U.S. Pack Courier Servs., 771 F.3d 593 (2nd Cir.2013)(holding, among other things, that the SDNY erred in ruling that the statute of frauds barred plaintiffs' breach of oral contract and New York Labor Law claims for unpaid commissions wherein the contracts were entered into for as long as employees worked for the U.S. Pack franchise and remanding for a new trial).

Gortat et al. v. Capala Bros. Inc. et al., 568 Fed. Appx. 78 (2nd Cir. 2014)(affirming an award of attorney fees and costs in FLSA/NYLL class action case that far exceeded an award of class damages because of the defendants’ scorched-earth litigation tactics) 

DeSimone et al. v. New York City Employees' Retirement System, 60 A.D.3d 1053, 876 N.Y.S.2d 467 (2nd Dept., 2009) (Pendency of the appeal hastened the reopening of the 25/55 retirement program for city employees)

Velarde v. GW GJ, Inc., d/b/a The Salon Professional Academy of Buffalo, 914 F.3d 779 (2nd Cir., 2019)(Clarified that the “primary beneficiary” test of employee v. trainee status, first introduced in the context of college interns, applies to vocational students who perform productive work as part of their training)

Brassco, Inc. v. Klipo, 2006 U.S. Dist. 3488, (S.D.N.Y. Jan. 30, 2006) (A judgment after trial in the amount of $650,000 for the company – a ball-bearings importer – against its former president for fraud, breach of contract, and breach of duty of loyalty for engaging in agricultural import/export transactions which he failed to disclose to the Board of Directors.)

Fisch v. Republic of Poland, 2009 U.S. Dist. LEXIS 108648 (S.D.N.Y. Nov. 20, 2009) (Dismissing a complaint for multi-million damages for breach of contract against a foreign government and dignitaries)

Sobczak v. AWL Industries, Inc., 540 F.Supp.2d 354 (E.D.N.Y., 2007)(Overtime under the FLSA for employees whose trade was misclassified on prevailing wage jobs is to be calculated on the basis of the base wage to which the employee was contractually entitled)

Jankowski et al. v. Castaldi et al., 2006 WL 118973 n. 2 (E.D.N.Y.,2006) (“Defendants' allegations objecting to the appointment of [Robert Wisniewski] as class counsel because he told Defendants that they ‘better pay now because it will be worse later’.... allege nothing more than zealous advocacy by plaintiffs' counsel on behalf of its clients. Furthermore, Defendants' objection that Plaintiffs' counsel will demand fees that could increase the cost of settlement is also unsupported, and, in any event, a reality accompanying any litigation.”)

Other Information

On April 9, 2009, Mr. Wisniewski was awarded the Golden Cross of Merit by the President of the Republic of Poland.

Contact Our Firm Today For A Free,
Confidential Consultation and Case Evaluation
(212) 267-2102

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