Jonathan L. Sulds

Jonathan L. Sulds

New York, NY recognized lawyers icon Recognized in Best Lawyers since 2012
Greenberg Traurig

629 Best Lawyers awards

Greenberg Traurig logo

Awarded Practice Areas

Employment Law - Management Labor Law - Management Litigation - Labor and Employment

Biography

Jonathan L. Sulds is Co-Chair of the firm's Global Labor & Employment and Global Human Capital Solutions Practices. He has been representing leading employers since 1974 in virtually every aspect of their engagement, protection, management and reward of workforce resources. Jon regularly represents employers in the areas of collective bargaining and traditional labor relations, Employee Retirement Income Security Act (ERISA) litigation, wage and hour matters, discrimination complaints, restrictive covenant, duty of loyalty and trade secret litigation, Dodd Frank, Sarbanes-Oxley (SOX) and other whistleblower matters, global and domestic executive employment arrangements, and corporate campaigns. Jon is also involved in the labor and employment aspects of corporate transactions and class and collective actions that arise in these contexts.

Since the 1970's, Jon has been involved in a variety of high profile matters. His recent representations include negotiating the project labor agreement for the new stadium for one of America's most famous sports franchises. He has been lead counsel for a leading national package deliverer in two nationwide wage and hour class and collective actions seeking to challenge the exempt status of nearly every managerial position at the company. For one of America’s most watched television programs and its production companies and network, Jon gained EEOC dismissal of a multicomplainant charge targeting consideration of arrest records. Elsewhere, Jon represented the administrative committee of a retirement savings plan for a major energy company in the voting of company shares held in plan participants' accounts in a contested proxy contest, then represented that same committee in a parallel ERISA-based "stock drop case." In addition, Jon gained dismissal of a lawsuit brought by the dominant player in a niche of the financing industry against a startup that had hired the plaintiff's founder and CEO, its CFO and a majority of the plaintiff's sale force. Jon also advised one of America's iconic brands on the strategy it used to end an Internet and regulatory agency-based corporate campaign that had sought to sully his client's reputation in order to pressure it into giving in to undisclosed parties' own institutional objectives. In another area, Jon led a 40-lawyer team spanning ten GT offices advising a major media company on personnel restructurings.

Recently, among other matters, Jon represented the nation's leading telecommunications company in several "Blackberry" wage and hour cases. He also represents an American specialty retailer in a nationwide collective action and the fiduciaries of a major pension plan in a class action lawsuit alleging conversion from a defined benefit structure violates ERISA’s anti-cutback rule. Jon is the principal collective bargaining spokesperson for a leading magazine publisher faced with the print-to-Internet phenomenon. He is also advising on structuring the collective bargaining and multiemployer pension plan and healthcare strategies for a company with multiple collective bargaining agreements throughout the Country.

Jon is a frequent lecturer and writer. His breadth of experience is reflected in the treatise that he authors, New York Employment Law (Matthew Bender/LexisNexis, 2d Ed, updated annually).

Greenberg Traurig

629 Best Lawyers awards

Greenberg Traurig logo

Overview

  • Harvard University, J.D., graduated 1974
  • Colgate University, BA, graduated 1971
  • Colgate University, MA, graduated 1971

  • New York, New York State Bar Association

  • Board of Trustees, Kaufman Music Center, New York City - Member
  • New York, New York State Bar Association
  • Board of Trustees, Kaufman Music Center, New York City - Member
  • Harvard University, J.D., graduated 1974
  • Colgate University, BA, graduated 1971
  • Colgate University, MA, graduated 1971

Client Testimonials

Jonathan Sulds is a top-notch, very skilled advocate and business partner. He understands our business and is always looking for cost-effective strategies.

Awards & Focus

Recognized in The Best Lawyers in America® 2026 for work in:
  • Employment Law - Management
  • Labor Law - Management
  • Litigation - Labor and Employment
Additional Areas of Practice:
  • Labor Law - Union
  • Litigation - ERISA
Awards:
  • AV Preeminent® 5.0 out of 5
  • Law360 "Employment Practice Group of the Year," 2011 & 2013
  • The American Lawyer and Corporate Counsel magazines, "Top Rated Lawyer" — Labor and Employment, 2013
  • Super Lawyers magazine, New York Super Lawyers, 2009-2013
  • Chambers USA Guide, 2007-2013

Case History

Cases
  • Other Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Colorado
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Western District of New York
  • Areas of Concentration
  • Traditional labor law
  • ERISA litigation
  • Equal employment litigation
  • Americans with Disabilities Act
  • Discrimination and harassment laws
  • Whistleblower matters
  • Employee benefits proceedings
  • Collective bargaining
  • Wage and hours
  • Plant closings and mass lay-offs
  • Labor aspects of corporate/bankruptcy transactions
  • Employer protective covenants
  • Executive employment arrangements
  • ADA/ADEA/Discrimination/Harassment
  • Sklar v. NY Life Insurance Co., 34 Fed. Appx 403 (2d Cir. 2002) [Affirming summary judgments - ADEA]
  • Priore v. NY Yankees, 307 A.D. 2d 67, 761 N.Y.S. 2d 608 (1st Dept. 2003) [Employer not liable where coworker harassment alleged; reversing trial court and granting summary judgment.]
  • Nieves v. Angelo Gordon & Co., 2007 US Dist. LEXIS 27006 (S.D.N.Y. April 10, 2007) [Summary judgment - ADEA]; aff'd 2009 U.S. App. LEXIS 14584 (2d cir. 2009)
  • Collective Bargaining/Traditional Labor Relations
  • Chief spokesperson for leading magazine publisher's restructuring of overtime, severance, work week; project labor agreement for sports venue; representing nation's primary installer of alarm systems resulting in full flexibility to compete on non-union basis.
  • Corporate Transactions/Bankruptcy
  • Deal structure for package delivery company's acquisition of freight companies (including MPPAA).
  • Collective bargaining and labor relations structuring as condition to asset/stock acquisitions and on behalf of debtors and committees of creditors and bondholders in connection with emergence from bankruptcy.
  • Corporate Campaigns
  • Advised one of America's iconic brands on the strategy it used to end an Internet and regulatory agency-based corporate campaign that had sought to sully the client's reputation in order to pressure it into giving in to undisclosed parties' own institutional objectives.
  • Litigation, labor relations and interface with governmental and public affairs, as well as strategic counsel to employers in various industries including consumer goods, defense, health care and utilities.
  • Duty of Loyalty/Employee Mobility/Restrictive Covenants/Trade Secrets
  • Counsel to investment banks, private equity funds, hedge funds, insurance brokerages, manufacturing and industrial concerns. Current/recent matters in Massachusetts, Connecticut, New York, New Jersey, Indiana and Texas.
  • ERISA Litigation
  • Class action challenging conversion from pension plan’s defined benefit structure as violation of ERISA’s anti-cutback provision, pending in New York federal court.
  • Montesano v. Xerox Corp Ret. Income etc., 256 F. 3d 86 (2d Cir. 2001) [Affirming grant of judgment on pleadings dismissing nationwide class of contingent workers' claims for benefits and pursuant to § 510 ERISA]
  • Davenport v. Harry N. Abrams, 249 F. 3d 130 (2d Cir. 2001) [Affirming summary judgment - contingent worker failed to exhaust remedies]
  • Bakner v. Xerox Corp Employee Stock Ownership Plan, 2000 U.S. Dist. LEXIS 21540 (W.D. Tex 2000); Lawrence v. Xerox etc., 56 F Supp. 2d 442(D. N.J. 1999) [Nationwide putative Varity class action; class certification denied, claims dismissed via motion]
  • I.A.P.E. v. Dow Jones, 671 F. Supp. 1365 (S.D.N.Y. 1987) [Plan sponsor not a fiduciary]
  • In Re Royal Dutch/Shell Transport ERISA Litigation, 04-1398 (D.N.J. 2005) [stock drop]
  • Executive Employment Arrangements
  • Design of global regimens
  • Negotiating and drafting executive employment and compensation arrangements for:
    • Global head of structured finance for top tier investment bank;
    • Americas managing director for top five private equity fund;
    • Head of Capital Markets for leading middle market investment bank;
    • General counsel for Fortune 100 global services company;
    • President of cable television network.
  • In addition, represent employers in the chemicals, biotech, hedge fund and private equity industries in the structuring of executive employment agreements.
  • Independent Contractors/Contingent Workforce
  • Hertz Corp. v. C'mmr of Labor, 2 N.Y. 3d 733, 778 N.Y.S. 2d 743 (2004) [New York's Court of Appeals unanimously holds class of individuals are independent contractors and not employees, reversing administrative agency findings]
  • Montesano v. Xerox Corp Ret. Income etc., 256 F. 3d 86 (2d Cir. 2001) [Affirming grant of judgment on pleadings dismissing nationwide class of contingent workers' claims for benefits and pursuant to § 510 ERISA]
  • Davenport v. Harry N. Abrams, 249 F. 3d 130 (2d Cir. 2001) [Affirming dismissal of contingent worker claim for benefits on exhaustion grounds]
  • Stock Grants/Carried Interests/Bonus Awards
  • Representing private equity and hedge funds in design and documentation; lead counsel in court and arbitration proceedings involving such arrangements.
  • Budet v. Tiffany & Co., 155 A.D. 2d 408, 547 N.Y.S. 2d 81 (1st Dept. 1989) [Employer free to choose employees whom it will include in management purchase of company shares in buy-out situation]
  • Wage and Hour
  • Counsel to telecommunications company in "Blackberry" collective actions.
  • Represents over 300 store specialty sports retailers in nationwide collective action.
  • Represented leading home furnishings retailer in nationwide class and collective action.
  • Acted as lead counsel for the nation's leading package deliverer in two nationwide wage and hour class and collective actions seeking to challenge the exempt status of nearly every managerial position at the company.
  • Lead counsel, putative nationwide class actions of all managerial employees for Fortune 50 Company.
  • Department of Labor (DOL) investigation of exempt status of financial planners; district determination to commence litigation reversed by regional solicitor.
  • Nationwide grocery chain "off the clock" and related ERISA prohibited transaction claims
  • Whistleblowers/SOX/Occupational Safety and Health Administration (OSHA).
  • Obtaining dismissal of SOX complaint filed by senior financial official of bus manufacturer who claimed safety issues had not been disclosed.
  • Dismissal of pilot's whistleblower claim against aviation services company and fund owner of airplane
  • Representing audit committee of biotech company charged by resigning general counsel with failure to make proxy disclosures with respect to research results.
  • Internal investigations in various industries including entertainment, oil production and financial services.

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