WAYNE N. OUTTEN is founding and managing partner of Outten & Golden LLP. His practice focuses exclusively on representing individuals in all areas of employment law. He Co-chairs the firm’s Executives and Professionals and Whistleblower Retaliation Practice Groups.
Mr. Outten’s practice focuses on representing high-level employees and professionals in all aspects of their employment, including negotiation of employment, compensation, and severance agreements. He is the author of the “Representing the Executive” chapter in Executive Compensation (BNA Books). His practice includes representing employees in multinational employment contexts, including expatriate and seconded employees.
Mr. Outten’s notable cases include: a recovery of more than $12 million in a gender discrimination/retaliation case against Morgan Stanley in federal court; an $18.9 million arbitration award in a breach of contract case against Deutsche Bank (with partner Larry Moy); and a $71.5 million arbitration award under a profit participation plan against another international bank – perhaps the largest arbitration award in an employment case (with partners Larry Moy and Tammy Marzigliano).*
*prior results do not guarantee a similar outcome”
Mr. Outten was selected by his peers as one of the “Best Lawyers in America” every year since 1987 and as one of New York’s Super Lawyers, where he is listed as one of the Top 100 New York Metro Super Lawyers every year since 2006. Best Lawyers designated him "Lawyer of the Year 2010" for Labor and Employment Law - New York City and "Lawyer of the Year 2012" for Litigation - Labor and Employment in New York City. He was selected for the Lawdragon 500 Leading Lawyers in America every year from 2005 through 2013, and for the Lawdragon 500 Leading Litigators in America in 2006. Mr. Outten has been an AV Preeminent Rated Lawyer in the LexisNexis Martindale-Hubbell Top Rated Lawyers since 1992.
He is a co-founder and officer of Workplace Fairness, a charitable/educational organization.
He was a law clerk for U.S. District Court Judge Gus J. Solomon, District of Oregon (1974-76) and was an instructor at the NYU School of Law (1976-1978). He was an associate and then a partner at Lankenau Kovner & Outten, LLP (1979-1998).
Mr. Outten received his B.S. from Drexel University in 1970 and his J.D. from New York University School of Law in 1974, where he was an Arthur Garfield Hays Civil Liberties Fellow.
Mr. Outten was admitted to the New York bar in 1979. He is also a member of the bars of Maryland, the United States Supreme Court, the United States District Courts for the Southern and Eastern Districts of New York, and the Second Circuit Court of Appeals, among others.
Mr. Outten is a founding member of the Executive Board of the National Employment Lawyers Association (NELA) in 1985 and served on its Board for more than 11 years. He founded the New York affiliate of NELA in 1986 and was its president for more than 15 years.
He was a founding Governor of the College of Labor and Employment Lawyers (1996-2003). Mr. Outten serves as Chair of the Section of Labor and Employment Law of the American Bar Association, served on the Section's Council (2000-2008), is liason to the Section's Federal Labor Standards Legislation Committee, was co-chair of the various Administrative Committees, was Liaison for the Section's Committees on Employment Rights and Responsibilities and Pro Bono Work, and was the employee co-chair of the both the International Labor & Employment Law Committee and the Employment Rights and Responsibilities Committee.
He is an active member of the New York State Bar Association's Labor & Employment Law Section, is on its Executive Committee, and was co-chair of its International Labor & Employment Law and Alternative Dispute Resolution Committees. He is a member of the Employment Disputes Committee of the CPR Institute for Dispute Resolution. For almost 20 years, he was a member of the Board of the New York Civil Liberties Union (and its Nassau chapter), and he was a member of its Executive Committee. He is also a member of the American Constitution Society.
Mr. Outten has lectured extensively on employment law, especially on negotiation, mediation, and arbitration of employment disputes, on employment and severance agreements, and on retaliation and whistleblower claims.
- Moderator: "Independent Contractors and Interns, “Zero-Hours” Contracts and Just-in-Time Scheduling: Organizing, Representing and Bargaining with Precarious Workers Faced with market pressures to increase the bottom line, companies around," American Bar Association Section of Labor & Employment Law International Labor and Employment Law Committee Midyear Meeting, Barcelona, Spain
- Panelist: "Navigating International Labor and Employment Issues in Corporate Transactions: Know the Issues; Consult the Experts", Law Education Institute, National CLE Conference, Vail, CO
- Keynote Speaker: "Employment Lawyer as Problem Solver," Connecticut Bar Association, Labor & Employment Law Section, Hartford, CT
- Moderator: "Pay and Leave," Fourth TransAtlantic Conference, U.K. Employment Lawyer Association and ABA Labor & Employment Law Section International Committee, London
- Panelist: "The New Restatement of Employment Law," National Employment Lawyers Association/ New York, New York
- Moderator: "Cutting Edge Issues in EU and NA Discrimination Laws", American Bar Association Section of Labor & Employment Law, International Labor & Employment Law Committee Midyear Meeting
- Speaker: "The New Restatement of Employment Law: Its Strengths, Weaknesses & Ambiguities", NELA 2014 Annual Convention: Blazing the Trail, Courage, Challenge, Change, Boston, MA
- Speaker: "International Issues to be Aware Of", Law Education Institute, National CLE Conference, Vail, CO
- Co-presenter: "Negotiating Non-Monetary Terms -- Employment Settlement Agreements", ABA Labor & Employment Law Section Webinar
- Panelist: "Compensation and Discrimination/Equal Pay Issues in the Financial Services Sector", ELA, Third Transatlantic Conference, London, England
- Moderator: Plenary Session—Case Study addressing the following issues: Cross-Border US/UK fact pattern raising potential sexual harassment, performance, pregnancy/maternity leave & promotion issues; Strategic concerns on how best to manage litigation in US/UK, including EEOC involvement from a plaintiff and defendant point of view; Assessment/value of claims in US/UK; Mediation stategies, ELA, Third Transatlantic Conference, London, England
- Speaker: “Let’s Make a Deal: Settlement Agreements A-Z”, American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee, Midwinter Meeting
- Panelist: Hofstra Labor & Employment Law Journal 30th Anniversary Reception and Symposium, Arbitration and Mediation in Labor and Employment Law, New York, NY
- Co-presenter: "Negotiating Executive Severance Agreements," American Bar Association Premiere Webinar
- Panelist: "Arbitration and Mediation in labor & Employment Law," Hofstra Labor & Employment Law Journal’s 30th Anniversary Symposium
- Panelist: “2011 A Year in Review, HR’s Biggest Challenges,” Five O’Clock Club
- Panelist: “The Lawsuit Seesaw: U.S. Discrimination vs. European Unfair Dismissal,” Law Education Institute, Aspen, CO
- Panelist: "What Every HR Executive Needs to Prepare for 2012 Challenges," The Five O'clock Club, New York, NY
- Panelist: “Employment Agreements for Employees and Independent Contractors,” ABA Labor & Employment Law Section Annual CLE Conference
- Panelist: “A Pragmatic Approach to Mediation by Litigators for Litigators,” New York City Bar Association
- Panelist: “Law Firm Partnership Issues,” NELA/NY Conference.
- Moderator: “Employment Agreements 101,” NELA Annual Convention
- Moderator: “Employment Discrimination Laws: EU and US Perspectives,” ABA Labor & Employment Law Section, International Labor & Employment Law Committee
- Lecturer: “Taxable Damages in Employment Cases,” Non-Qualified and Attorney Fee Structures Conference
- Moderator: “A Comparison of How Litigation is Handled Outside the U.S.” at ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Conference
- Moderator: “Alternative Fee Arrangements from Different Countries,” ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Conference
- Lecturer: “Supreme Court Developments in Employment Law in 2010: What You Need to Know in This Changing Landscape,” New York City Bar Association
- Lecturer: “Skills for Alternative Dispute Resolution,” Practicing Law Institute, Bridge-The-Gap II for Newly Admitted Attorneys
- Lecturer: “Cross-Border Labor Importation and Migration: Implications for U.S. and E.U. Lawyers,” ABA, Labor & Employment Law Section, International Labor & Employment Law Committee
- Lecturer: “Strategies for Meeting Diversity Goals in the Legal Profession,” ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee
- Lecturer: Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law: “Moving Towards the Future,” Hofstra Law School
- Lecturer: “Arbitration Under Attack: The Future of ADR,” CPR Institute for Conflict Prevention & Resolution, 2010 Annual Meeting – Global ADR: The New Reality
- Lecturer: “We Don’t Do Things That Way Here Stranger: International Practice Gotcha’s,” Law Education Institute – Labor & Employment Law
- Lecturer: “Mediation Advocacy: the Perspective of Employee's Counsel,” National Employment Lawyers, New Jersey
- Lecturer: “Litigation Strategy: Plaintiffs’ Counsel, A Moderated Discussion,” Practicing Law Institute, 38th Annual Institute on Employment Law
- Lecturer: “Regulating Executive Compensation,” New York University School of Law
- Lecturer: “Preparing for Mediation – Tips for the Advocate and Tips for the Mediator and Mandatory Arbitration – Pyett and Beyond,” New York State Bar Association, Labor & Employment Law Section Fall Meeting
- Lecturer: “Executive Employment Agreements & Executive Compensation,” National Employment Lawyers Association/New York
- Lecturer: “Why Diversity Matters: Not Just Talking But ‘Walking the Walk’,” National Employment Lawyers Association Annual Convention
- Lecturer: “The Employment ‘Pre-Nuptial’ – Counsel Go Head to Head Over Non-Competition, Confidentiality and other Restrictions on Employees," Upper Midwest Employment Law Institute
- Lecturer: “The Divorce Wars – When the Departing Employee Leaves with Trade Secrets, Employees, and other Valuable Corporate Assets," Upper Midwest Employment Law Institute
- Co-Producer & Discussion Leader, UK Employment Lawyers Association Labor & Employment Law Conference
- Lecturer: “The Role of Courts in Policing Professionalism,” ABA Labor & Employment Section, Committee on Ethics and Professionalism
- Lecturer: “Workplace Issues in the Current Economic Climate and the Role of Dispute Resolution,” Association of Conflict Resolution of Greater New York
- Lecturer: “Protecting Your Rights as an Administrator Under the Law,” Association of Legal Administrators
- Lecturer: “Dealing with the International Employee,” Colorado Bar Association, National CLE Conference
- Lecturer: “Crucial Strategies in Negotiating Employment and Separation Agreements,” ABA Labor & Employment Law Section Annual CLE Conference
Mr. Outten is a widely published author whose work is frequently found in legal and popular publications.
- The Rights of Employees and Union Members (An American Civil Liberties Union handbook)
Wayne N. Outten, Robert J. Rabin, Lisa R. Lipman, S. Ill. Univ. Press (1984 and 1994).
- Representing the Executive
Wayne N. Outten, Chapter 16 in Executive Compensation, BNA Books, 2002 and 2011.
- Negotiating Settlement Agreements: An Employees' Lawyer's Perspective
Wayne N. Outten, chapter in How ADR Works, BNA Books, 2002.
- Negotiating ADR Agreements: An Employees' Lawyer's Perspective,
Wayne N. Outten, chapter in How ADR Works, BNA Books, 2002.
- Extraterritorial Application of U.S. Laws: Anti-Discrimination
Wayne N. Outten & Jack Raisner, chapter in International Labor & Employment Laws, ABA/BNA Books, 1997.
Wayne N. Outten & Jack Raisner, chapter in Employment Litigation in New York, West, 1996.
- Employee and Applicant Testing
Wayne N. Outten and Jack Raisner, chapter in Employee Rights Litigation: Pleading and Practice, NELA/Mathew Bender/Lexis, 1990.
- Privacy in the Employment Relationship
Wayne N. Outten & Alfred G. Feliu, chapter in Privacy Law and Practice, Matthew Bender/Lexis, 1987.
- Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firm’s Employees?
Wayne N. Outten and Cara E. Greene, Law Firm Partnership & Benefits Report, June 2007
- Working with the Equal Employment Opportunity Commission
Wayne N. Outten and Piper Hoffman, Employee Rights and Employment Policy Journal, Vol. 10, No. 2, Winter 2006.
- How Law Firms Can Avoid Retaliation Claims
Wayne N. Outten & Piper Hoffman, Law Firm Partnership & Benefits Report, October 2002
- Determining the Financial Rights of a Departing Partner
Wayne N. Outten & Sean Farhang, Law Firm Partnership and Benefits Report, December 2000 and January 2001.
- Ten Ways for Law Firm Management to Avoid Employee Lawsuits
Wayne N. Outten, Law Firm Partnership and Benefits Report, August 1999.
- Negotiating the Severance Agreement from the Employee's Perspective
Wayne N. Outten, The Practical Litigator, January 1999.
- "Glass-Ceiling" Lawsuits Threaten "Old Boy" Network
Wayne N. Outten & Jack Raisner, Law Firm Partnership and Benefits Report, October 1996.
- Are Partners "Employees" Under Federal Employment Discrimination Law?
Wayne N. Outten & Jack Raisner, Law Firm Partnership and Benefits Report, September 1996.
- Cross-Examining a Defense Psychologist in a Sexual Harassment Case
Wayne N. Outten and Jack Raisner, The Practical Litigator, January 1993.
Awards & Recognition:
- Intercontinental Finance Magazine 2014-2015 ICFM 500 Leading Lawyers
- Top 100 New York Super Lawyers: 2006-2015
- The International Who’s Who of Management Labour & Employment Lawyers 2011 (only employee-side attorney in U.S.)
- 2011 Honoree, at Fifth Anniversary Celebration of A Better Balance
- Award for Pro Bono Assistance, Legal Services NYC 2010
- Best Lawyers’ 2010 Lawyer of the Year, Labor and Employment Law – New York
- Best Lawyers’ 2012 Lawyer of the Year, Labor and Employment Law – New York
- Best Lawyers in America (Recognized 25 consecutive years), listed since 1987
- 2010 Public Interest Award of the Public Interest Law Student Association, CUNY School of Law
- 2010 Samuel M. Kaynard Award for Excellence in the Field of Labor & Employment Law, Hofstra Law School
- Distinguished Community Leader Award, CUNY School of Law, 2010
- Partner in Justice Award, MFY Legal Services, Inc. 2010
- The ALMO (Alumni of the Month), New York University School of Law, August 2009
- Distinguished Alumnus, LeBow College of Business, Drexel University 2008
- Lawdragon 500 Leading Litigators in America 2006
- Lawdragon 500 Leading Lawyers in America 2005 - 2014
- Lawdragon Legend 2015 (one of 50 in U.S.)
- Award for Dedicated Service, National Employment Lawyers Association/New York Affiliate, 2001
- Social Justice Leadership Award, The Ethical Humanist Society of Long Island, 2014
- Award as Founding Leader (30th Anniversary), National Employment Lawyers Association 2015
*Prior results do not guarantee a similar outcome.
OUTTEN & GOLDEN LLP is one of the preeminent law firms representing employees -- “Advocates for Workplace Fairness.” The firm’s credo is “Excellence and Integrity Above All Else.” O&G focuses on advising and representing individuals in employment, partnership, and related matters. The firm advises individuals on employment and severance agreements; it also handles compensation and benefits issues, including bonuses, commissions, stock and option awards, and family/medical leaves. The firm represents employees with a wide variety of claims, including claims of discrimination and harassment based on sex, sexual orientation, gender identity and expression, race, disability, national origin, religion, and age, as well as retaliation, whistleblower, and contract claims. The firm also handles class and collective wage-and-hour and discrimination cases.
O&G represents clients in administrative proceedings (such as EEOC and Department of Labor), arbitrations (e.g., NYSE, NASD, and American Arbitration Association), and cases in federal and state trial and appellate courts. Before beginning proceedings, the firm often negotiates with employer representatives; it also helps clients help themselves by developing and implementing negotiation tactics and strategies. O&G has substantial experience mediating employment disputes.
The firm’s Ten Practice Groups are Executives & Professionals, Financial Services, Sexual Harassment & Sex Discrimination, Family Responsibilities & Disabilities Discrimination, Lesbian Gay Bisexual & Transgender (LGBT) Workplace Rights, Discrimination & Retaliation, Whistleblower Retaliation, Class & Collective Actions, WARN Act, and Appellate Litigation.