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Barbara M. Roth
Partner, New York
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barbara.roth@hoganlovells.com

Barbara Roth represents management exclusively in all types of employment litigation and advises clients on all aspects of the employment relationship, with emphasis on minimizing the likelihood of litigation. She defends employers against allegations of unlawful harassment and discrimination on the basis of gender, age, race, national origin, disability, sexual orientation, and other protected characteristics under federal, state, and local laws, and regularly advises companies on the full spectrum of workplace issues. 

Barbara's practice includes representation of clients before federal and state courts, as well as administrative agencies, and in arbitrations in forums including the National Association of Securities Dealers and the New York Stock Exchange. She defends employers against whistleblower claims under the Sarbanes-Oxley Act and other statutes and also represents companies against claims by current and former employees under employment-related statutes, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Worker Adjustment and Retraining Notification Act (WARN), and Employee Retirement Income Security Act (ERISA). Her notable victories include obtaining money judgments against seven named plaintiffs after defeating class certification of a putative class of current and former employees who alleged that a bank engaged in race discrimination in all aspects of its employment practices.

Barbara has extensive experience representing financial institutions and broker-dealers in discrimination and employment-related claims of all types, including claims for enhanced bonus payments and other compensation, claims of wrongful termination, allegations arising out of employment and compensation agreements and lawsuits relating to nonsolicitation, noncompete and confidentiality obligations. She also represents management in proceedings brought by current and former employees, customers or partners/shareholders arising out of partnership and shareholder agreements, and other contracts relating to the securities industry. Barbara advises companies on employment and labor issues in corporate transactions; develops workplace policies, procedures, and handbooks; develops programs for voluntary buy-outs and involuntary reductions-in-force; and negotiates employment agreements and compensation plans.

Barbara also has defended a variety of companies, including publishers and other media entities, against defamation claims. Before entering private practice, Barbara was a journalist for The New York Times and The National Law Journal and taught in Northwestern University's Medill School of Journalism.

Barbara taught fair employment practices in the Human Resource Management program of New York University's Marketing and Management Institute. 

Hogan Lovells Publications
17 April 2012 "California Supreme Court issues favorable ruling on meal period and rest break obligations." Employment Alert, Hogan Lovells

22 June 2011 "Supreme Court Decision in Wal-Mart Stores v. Dukes." Class Actions Alert, Hogan Lovells

30 March 2011 "Dukes v. Wal-Mart Stores, Inc., Supreme Court Oral Argument Summary." Litigation Alert

06 December 2010 "Dukes V. Wal-Mart Stores, Inc., certiorari granted." Litigation Alert, Hogan Lovells

Published Works
13 June 2011 "Labor: Lifestyle discrimination laws are becoming increasingly prevalent.", InsideCounsel

PRACTICES
Employment
Litigation, Arbitration and Employment
AREAS OF FOCUS
  • Employment Discrimination Defense
  • Defense of Employers in NASD and NYSE Arbitrations
  • Class Actions
  • Defense of Employers Against SOX Whistleblower Claims
  • Defense of Claims Under Employment-related Statutes
  • Defense of Defamation Claims
EDUCATION
LL.M., New York University School of Law, 1997 J.D., DePaul University College of Law, 1978 B.A., magna cum laude, University of Illinois at Urbana-Champaign, 1973
MEMBERSHIPS
  • Member, Management Attorneys Conference
  • Member, Board of Directors, Girl Scout Council of Greater New York
  • Member, Executive Committee, Girl Scout Council of Greater New York
  • Former Member, Equal Employment Opportunity Committee, Association of the Bar of the City of New York
  • Former Member, Committee on Women in the Courts, Association of the Bar of the City of New York
  • Former Chair, Committee on Individual Rights and Responsibilities in the Workplace, New York State Bar Association
AWARDS / RANKINGS
  • New York Super Lawyers, Employment Litigation: Defense, 2006-2009
  • Euromoney’s Leading Labour Lawyers of the World, 2000-2001
BAR ADMISSIONS / QUALIFICATIONS Illinois New York
COURT ADMISSIONS U.S. Supreme Court U.S. Court of Appeals, Second Circuit U.S. District Court, Eastern District of New York U.S. District Court, Northern District of New York U.S. District Court, Southern District of New York U.S. District Court, Eastern District of Wisconsin