FacultyFaculty/Author Profile
Lisa E. Cleary

Lisa E. Cleary

Patterson Belknap Webb & Tyler LLP

New York, NY, USA


Lisa Cleary works closely with a broad range of corporations and tax-exempt organization clients on employment issues related to their highest level executives and other key employees.  For over 20 years, she has regularly advised boards of directors in connection with the negotiation of executive compensation, performance, transition and employment termination of CEOs.  Ms. Cleary has provided this sensitive advice for public companies, private entities and tax-exempt organizations and foundations, all of which operate under the same rules in these circumstances.  She often has assisted companies in navigating difficult situations where CEO termination occurs in the midst of critical litigation or other corporate crisis.

Ms. Cleary also provides advice to in-house counsel, human resources personnel, and line managers on minimizing the legal risks of individual employee terminations beyond executives, and also provides counseling to ensure compliance with applicable laws.  In addition, Ms. Cleary provides training on a broad range of employment matters, drafts and vets personnel policies and handbooks, and also provides advice on employer recordkeeping requirements.

Ms. Cleary assists clients in a broad range of employment-related litigation matters before administrative agencies, state and federal courts.  She also counsels clients with respect to employment contracts and regularly defends clients in wrongful discharge cases.  Ms. Cleary provides advice to clients regarding employee theft, whistleblower claims and complaints of discrimination and harassment, and regularly conducts internal investigations regarding such matters. She has also worked with local, state and federal prosecutors on behalf of clients regarding a broad range of issues. Ms. Cleary defends and prosecutes cases involving employment-related restrictive covenants, drafts and negotiates employment contracts and represents employers in connection with claims arising under ERISA.  She also conducts diversity training seminars and provides counsel on employee classifications and overtime issues under the Fair Labor Standards Act.  Where consistent with client goals, Ms. Cleary also uses alternative dispute resolution procedures to achieve optimum results for clients.

Ms. Cleary also chairs the firm’s Pro Bono Committee. The Firm is consistently recognized for its commitment to pro bono service on behalf of low income New Yorkers. Ms. Cleary has received one of the Legal Aid Society's 2010, 2011, 2012 and 2013 Pro Bono Publico Awards for her work on behalf of children in foster care and on behalf of runaway and homeless youth. Her past recognitions include the New York State Bar Association President's Pro Bono Service Award for the 1st Judicial District, the New York State Bar Association’s Root/Stimson Award, in honor of Elihu Root and Henry L. Stimson, whose careers personified the profession's commitment to public service, and the 2008 Public Service Law Firm Leadership Award from the Legal Aid Society. Ms. Cleary has also been recognized on multiple occasions by MFY Legal Services, Inc. for her contributions on behalf of clients with mental disabilities.

Representative Litigation Matters

Pharmaceutical Company
Successfully obtained summary judgment in federal court action where former employee claimed that age discrimination was reason for denial of promotion.

Privately-Held Company
Advice and counseling with respect to broad range of employment law issues.
Successfully obtained summary judgment in Eleventh Circuit in action commenced by former employee alleging religious and age discrimination.

International Corporation
Defense of investment bank in connection with glass ceiling claims.

Not-for-Profit  
Defense of Executive Director and not-for-profit in connection with charge of national origin discrimination.

Not-for-Profit
Representation of not-for-profit in action where complainants alleged denial of adoption application was based on religious discrimination.

Pension Funds
Representation of pension funds in a variety of employment, ERISA and pension litigation matters before the EEOC and state and federal courts.

Publishing Company
Representation of publishing company in action commenced against publisher and senior executive alleging sexual harassment in the workplace.

Cultural Organization
Counseling advice with respect to termination of security officers and other personnel matters.

Not-for-Profit
Defense of company in connection with reduction in force with respect to claims of reverse sex and religious discrimination.

Not-for-Profit
Defense of employment discrimination lawsuit commenced by former employee alleging constructive discharge based on HIV status.

Bank
Successful dismissal on statute of limitations grounds of federal court complaint alleging age discrimination.

EDUCATION
J.D., 1983, Duke University School of Law, Chancellor's Scholarship Recipient
B.A., 1980, Harvard University and Radcliffe College, magna cum laude

BAR ADMISSIONS
New York

COURT ADMISSIONS
U.S. District Court, Southern; Eastern; and Northern Districts of New York; District of Colorado, U.S. Court of Appeals, Second Circuit; Eleventh Circuit, U.S. Supreme Court

PROFESSIONAL ACTIVITIES
HONORS: Recipient, New York State Bar Association President's Pro Bono Service Award for the 1st Judicial District (Manhattan), nominated by New York County Lawyers' Association (1994); Recipient, New York State Bar Association’s Root/Stimson Award, in honor of Elihu Root and Henry L. Stimson, whose careers personified the profession’s commitment to public service, and in recognition of outstanding volunteer service to the community which has reflected honor on the legal profession (2001); Recipient, Legal Aid Society, Public Interest Law Leadership Award (2008); Named in Super Lawyers in the area of Employment & Labor; Recipient, Legal Aid Society, Pro Bono Publico Award (2010, 2011, 2012, 2013); Recognized in The Best Lawyers in America® in the areas of Employment Law – Management and Litigation – Labor & Employment (2013)

MEMBERSHIPS: Fellow, American Bar Foundation; Harvard University, John F. Kennedy School of Government, Executive Education Program (May 2006); MFY Legal Services, Inc. (Chairperson, Board of Directors, 1994–2000; Member of Board, 1992–Present); Volunteers of Legal Service, Inc. (Member, Board of Directors, 1996–Present); Lawyers’ Committee for Civil Rights Under Law (Member, Board of Directors, 2006-Present); Member, Practising Law Institute (Pro Bono Advisory Committee, 1997–Present), American Bar Association (Litigation and ADR Sections); New York State Bar Association (President’s Committee on Access to Justice, 1996-2004), New York County Lawyers' Association (Chair, Pro Bono Committee); Association of the Bar of the City of New York (Member, 2010-2013, Secretary, Judiciary Committee 2012-2013); Student/Sponsor Program

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