Jacob L. Hirsch

Jacob Hirsch is a law clerk in the Labor & Employment Law Department, and assists his clients in a wide range of labor and employment matters. Prior to joining Proskauer, Jacob interned at the Lawyers Alliance for New York, where he contributed to various business transactions carried out on behalf of nonprofit clients across the New York metropolitan area.

Firm/Organization: Proskauer Rose LLP

Blogs: Proskauer on Class and Collective Actions, Proskauer Whistleblower Defense

Latest Articles

Proskauer Whistleblower Defense

SDNY Grants Motion to Dismiss SOX Retaliation Claim

By Steven J. Pearlman & Jacob L. Hirsch on October 21, 2019

On September 18, 2019, the U.S. District Court for the Southern District of New York granted a defendant-employer’s motion to dismiss a SOX whistleblower retaliation claim, finding that the plaintiff failed to adequately plead protected activity. Tonra v. Kadmon Holdings, Inc., No. 18-cv-9028. Background The defendant-employer is a publicly traded biopharmaceutical company that develops and produces several drugs. Around August 2011, Plaintiff was hired as the company’s Vice President of Preclinical Pharmacology. About…

Proskauer on Class and Collective Actions

NLRB Greenlights Aggressive Response to Class Action Filings

By Mark W. Batten & Jacob L. Hirsch on September 6, 2019

On August 14, 2019, the National Labor Relations Board (the “Board”) held that employers may require employees to waive their right to join class and collective actions – even after a claim has been filed in court – without running afoul of federal labor law. Cordua Restaurants, Inc., Cases 16-CA-160901, 16-CA-161380, 16-CA-170940, and 16-CA-173451. Background Cordua Restaurants had an arbitration agreement in its employment contracts that required employees to waive their right to pursue class…

Labor Relations Update

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

By Mark Theodore, Joshua Fox & Jacob L. Hirsch on July 30, 2019

This summer has been punctuated by walkouts. We have seen walkouts in support of a $15 minimum wage and walkouts to protest the sale of goods to the government. Walking off the job is, of course, a staple of labor action, and generally speaking, employees are protected by the NLRA when the walkout is over wages, hours or other terms of employment. The employer may not lawfully discipline or discharge an employee engaged in…

Proskauer Whistleblower Defense

SDNY Dismisses SOX and Dodd-Frank Whistleblower Claims Against Private Company

By Steven J. Pearlman, Jacob L. Hirsch & Pinchos Goldberg on June 19, 2019

On June 3, 2019, the U.S. District Court for the Southern District of New York granted a defendant-employer’s motion for summary judgment on SOX and Dodd-Frank whistleblower retaliation claims, finding that the alleged whistleblowing did not involve fraud related to a public company. Tellez v. OTG Interactive, LLC, No. 15-cv-8984. Background Defendants operate restaurants and concession facilities in airports via iPad stations, which allow patrons to order food, access the Internet, and check…

Jacob L. Hirsch

SDNY Grants Motion to Dismiss SOX Retaliation Claim

NLRB Greenlights Aggressive Response to Class Action Filings

Employer’s Discipline of Employees Engaging In “Intermittent Strikes” Lawful: NLRB Majority

SDNY Dismisses SOX and Dodd-Frank Whistleblower Claims Against Private Company

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