Gary Trachten - Partner
Gary Trachten focuses on employment law and commercial litigation. His clients have included CEOs, investment bankers, interbank brokers, and more. He has earned the respect of his peers in the legal community, who have given him the highest possible rating for his legal abilities and adherence to ethical standards, AV® Preeminent™ Peer Review RatedSM by Martindale-Hubbell®. He was named as Super Lawyers for the New York metro area for 2010.
Representing rights and responsibilities
Perhaps in no other place than the workplace do tensions of rights and responsibilities flare. In many of his cases, Mr. Trachten has represented either employees or employers in their quest to uphold their rights. One of his cases, cited frequently by the courts, has become one of the leading cases on so-called discretionary bonuses, which by their very nature are hard to define and hard to enforce. Another case about wrongful termination pointed up the difference between legislative law and judge-made law. Often, he takes on wrenching cases that bring critical issues to light.
Expanding expertise and perspective
The discipline and creativity needed to prepare and deliver his talks about wrongful termination claims, tax issues in employment cases, use of experts, representation of highly paid employees, and negotiating employment and consultation agreements give Mr. Trachten the opportunity to constantly expand his expertise and persepctive as a presenter to audiences of lawyers and judges through the Practicing Law Institute, New York University Law School, National Employment Lawyers Association, and American and New Rochelle Bar Associations.
As co-editor of The New York Employee Advocate, a publication of the New York affiliate chapter of the National Employment Lawyers Association, Mr. Trachten writes many articles, including pieces on severance offers, employment contracts and protection against wrongful termination, and employee rights under New York business corporation law. Articles he has written have helped him earn and maintain authority in his field.
Community and political leader
Mr. Trachten has been actively involved in his New Rochelle and Westchester County community. He is a volunteer arbitrator for the New Rochelle City Court and he serves on the Board of United Way of New Rochelle, including vice president and annual campaign chair for the 2008–2009 and 2009–2010 annual campaigns. He has also served as a member of the Board of Westchester Jewish Conference since 2008. In the political arena, Mr. Trachten has been a local district leader for his party and a volunteer voting rights lawyer in a presidential campaign.
Contact Kudman Trachten Aloe LLP
Email: Gary Trachten
Admitted:
- U.S. District Court, Northern District of Georgia, 1979
- U.S. Court of Appeals for the District of Columbia Circuit, 1983
- Georgia—Supreme Court, 1983
- New York—All State Courts, 1985
- U.S. District Court, District of Connecticut, 1985
- U.S. District Court, Southern, Eastern, and Northern Districts of New York, 1985
- New Jersey—All State Courts, 1989
- U.S. District Court, District of New Jersey, 1989
- U.S. Court of Appeals, Second Circuit, 1989
- U.S. Court of Appeals, Third Circuit, 1994
- U.S. District Court, Western District of Michigan, 2005
Education:
- Boston University, A.B., 1974
- Emory University, J.D., 1978
Member:
- New Rochelle Bar Association
- Association of the Bar of the City of New York (Member, Committee on Administrative Law, 1992–1995)
- New York State (Member, Section on Labor and Employment Law) and American (Member, Sections on Individual Rights and Responsibilities; Labor and Employment Law) Bar Associations
- State Bar of Georgia
- National Employment Lawyers Association (Member, New York Executive Board, 1988–1998)
Reported Cases:
- Goldman vs. Gallant Securities, Inc., 878 F.2d 71 (2d Cir. 1989)
- Kelly vs. Evolution Markets, Inc., 626 F.Supp.2d 364 (S.D.N.Y. 2009)
- Giuntoli vs. Garvin Guy Butler Corp., 726 F.Supp 494 (S.D.N.Y. 1989)
- Giuliano vs. Everything Yogurt, Inc., 819 F.Supp. 240 (E.D.N.Y. 1993)
- Amboy National Bank vs. Generali-U.S. Branch, 930 F.Supp. 1053 (D.N.J. 1996)
- Mountain Ridge State Bank vs. Investor Funding Corp., 763 F.Supp. 1282 (D.N.J. 1991)
- EEOC vs. Sambo's of Georgia, 530 F.Supp 86 (N.D. Ga. 1981)
- Rosenthal vs. One Hudson Park, Inc., 701 N.Y.S.2d 899 (1st Dept. 2000)
- WorldCom, Inc. vs. Segway Marketing, 693 N.Y.S.2d 9 (1st Dept. 1999)
- Everything Yogurt, Inc. vs. Toscano, 649 N.Y.S.2d 163 (2d Dept. 1996)
- Anderson vs. First National Bank of Atlanta, 260 S.E.2d 501 (Ga.App. 1979)
- Evolution Markets, Inc. vs. Penny, 23 Misc.3d 1131 (A), 2009 WL 1470451 (Supr. Westchester)
- Judd vs. Take-Two Interactive Software, Inc., 2008 WL 906076 (S.D.N.Y.)
- Business Concepts, Inc. vs Restaurant Systems Intern., 2006 WL 648832
- Global Switching, Inc. vs Kasper, 2006 WL 1800001 (E.D.N.Y.)
- Kornblatt vs. Beth Israel Medical Center, 1998 WL 483457 (S.D.N.Y.)
- Schuetz vs. CS First Boston, 1997 WL 452392 (S.D.N.Y.)
- Pine Run Properties, Inc. vs. Pine Run Ltd., 1991 WL 280719 (S.D.N.Y. 1991)
- McKitty vs. Board of Education, Nyack, 53 FEP Cases 358 (S.D.N.Y. 1987)
- Riverside Millwork, Co. vs. Pahl, 2006 WL 224174 (Conn. Super.)
- Author of amicus curiae brief in Horn vs. New York Times, 100 N.Y.2d 85 (2003)
