Elise M. Bloom
Partner
Elise M. Bloom is widely hailed as one of the nation’s top employment lawyers and one of the most creative and effective wage and hour, class/collective action and trial lawyers. She is particularly well-known for handling high profile, bet-the-company matters on behalf of significant national employers.
Elise is the co-chair of the Firm’s Labor & Employment Department, co-head of the Class & Collective Actions Group and former member of Proskauer’s Executive Committee.
With 30+ years in practice, Elise possesses extensive pre-trial and jury trial experience. She has represented more companies in class actions challenging interns, trainees and volunteers than most others; this includes her precedent-setting win for Fox Searchlight Pictures in the “Black Swan” case. She also addresses a wider range of general employment issues through counseling and employer training programs.
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On September 17, 2019, Labor & Employment partner and member of the Proskauer Executive Committee Elise Bloom moderated “The New Workplace” panel at the Benchmark Women in Litigation NYC Forum where Proskauer was a sponsor. The forum boasts panels of women lawyers discussing the top legal issues facing in-house counsel. On the panel with Elise … Continue Reading
In a 5-4 decision in Home Depot U.S.A. Inc., v. Jackson, 587 U.S. __ (2019), the United States Supreme Court held that a third-party counterclaim defendant does not qualify as a “defendant” under the general removal statute, 28 U.S.C. § 1441(a) or under the Class Action Fairness Act of 2005 (“CAFA”) and therefore cannot remove … Continue Reading
In a 5-4 decision authored by Chief Justice Roberts on April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) precludes a court from compelling class arbitration when an agreement is ambiguous on the availability of such arbitration. Lamps Plus Inc. et al. v. Varela, No. 17-988, 587 U.S. ___ … Continue Reading
In a unanimous decision authored by Justice Sotomayor on February 26, 2019, the Supreme Court held that the 14-day deadline to seek permission to appeal a decision granting or denying class certification under Federal Rule of Civil Procedure 23(f) cannot be extended through the doctrine of equitable tolling. Nutraceutical Corp. v. Lambert, No. 17-1094, 586 … Continue Reading
In this episode of the “Can My Employees Do That?” series, partner Elise Bloom and associate Michelle Gyves discuss whether employers can lawfully limit an employee’s participation in political activities, protests, and similar activities. We also discuss whether an employer can restrict an employee’s association with groups or publications on social media or elsewhere which espouse ideologies that are at odds … Continue Reading
On December 12, Proskauer partners Allan Bloom, Elise Bloom, and Harris Mufson delivered a webinar focused on how recent developments in the law impact the ground rules and key strategies for settlement in four distinct areas of employment litigation. Wage and Hour. Mr. Bloom explained that, in most jurisdictions, settlements of Fair Labor Standards Act … Continue Reading
The Class Action Fairness Act (“CAFA”) permits removal of many class actions from state to federal court, but includes a “local controversy” exception that forbids removal where two-thirds or more of the proposed class resides in the state where the action is brought. In disputes over efforts to use CAFA to remove class actions, the … Continue Reading
Proskauer’s second Value Insights: Delivering Value in Labor and Employment Law survey is now live and we want to hear from you. Value Insights explores how in-house counsel can maximize the value they provide to their business partners and correspondingly, how they can most effectively partner with outside counsel on managing labor and employment work. … Continue Reading
Last week, in McCaster et al. v. Darden Restaurants, Inc. et al., No. 15-3258 (7th Cir. Jan. 5, 2017), the Seventh Circuit relied on Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011) and affirmed the district court’s denial of class certification of Plaintiffs’ claims for vacation pay under state law. The Seventh Circuit’s reliance … Continue Reading
Last year, Proskauer’s Labor and Employment Law Department conducted its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives and to work with … Continue Reading
Yesterday, the Supreme Court held in Campbell-Ewald Co. v. Gomez, No. 14-857 (U.S. Jan. 20, 2016), that when a defendant makes an offer to resolve the named plaintiff’s claim for full value, but the plaintiff turns it down, the case is not moot, and simply proceeds. Campbell-Ewald had argued that since it had offered to … Continue Reading
On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act. The Second Circuit … Continue Reading
On July 23, 2015, the Second Circuit, in Lola v. Skadden, Arps, Slate, Meagher & Flom LLP, Tower Legal Staffing, Inc., revived a putative collective action brought by David Lola, a contract attorney, against Skadden and Tower Legal Staffing, Inc., alleging violations of the overtime provisions of the Fair Labor Standards Act. The Second Circuit … Continue Reading
On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard in tandem by the court on January 30, 2015. The court’s opinion in Glatt, … Continue Reading
On July 2nd, the United States Court of Appeals for the Second Circuit issued its decisions in Glatt et al. v. Fox Searchlight Pictures, Inc. et al. and Wang et al. v. The Hearst Corp., the two unpaid intern lawsuits heard in tandem by the court on January 30, 2015. The court’s opinion in Glatt, … Continue Reading
Former Wal-Mart Stores, Inc. v. Dukes class members were dealt another blow this week when Southern District of Florida District Judge Robert N. Scola, Jr. granted Wal-Mart’s motion to dismiss more regionally-focused class claims that had been brought by certain members of the doomed Dukes class. In Love v. Wal-Mart Stores, Inc., No. 12-61959-Civ-SCOLA (S.D. … Continue Reading
In the latest chapter in what is now a twelve-year legal battle, plaintiffs seeking to bring gender-based disparate treatment and disparate impact claims against Wal-Mart with regard to the retail giant’s pay and promotion decisions were again denied class certification in Dukes v. Wal-Mart Stores, Inc., No. CV 01-022520-CRB (N.D. Cal. Aug. 2, 2013). Following … Continue Reading
In Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011), the Supreme Court vacated class certification as to 1.5 million current and former Wal-Mart employees who failed to identify a company-wide policy or practice of gender discrimination. Additionally, the Court held that backpay claims could not be certified as a class action, and rejected … Continue Reading
The New Workplace: Key Issues Facing In-House Counsel Today
By Elise M. Bloom and Hayley H. Fritchie on Posted in Workplace Policies and Procedures
U. S. Supreme Court Holds that Third-Party Defendants to Counterclaims Cannot Remove Class Actions to Federal Court
By Elise M. Bloom and Noa Baddish on Posted in Appeals, Class/Collective Action
United States Supreme Court Says Courts Cannot Compel Classwide Arbitration Absent Affirmative Contractual Agreement
By Elise M. Bloom, Hayley H. Fritchie and Noa Baddish on Posted in Appeals, Arbitration, Class/Collective Action
United States Supreme Court Says that Equitable Tolling Cannot Extend Deadline to Appeal Class Certification Decisions Under Rule 23(f)
By Elise M. Bloom, Mark W. Batten and Noa Baddish on Posted in Appeals, Class/Collective Action
[Podcast]: Can-My-Employees Participate in Political Activities?
By Elise M. Bloom and Michelle Gyves on Posted in Workplace Policies and Procedures
Proskauer Delivers Webinar on Settling Employment Claims
By Allan Bloom, Elise M. Bloom, Hayley H. Fritchie and Harris Mufson on Posted in Class/Collective Action, Discrimination, Harassment and Retaliation, Wage and Hour, Whistleblower
Ninth Circuit Holds that Last-Known Addresses of Putative Class Members Are Insufficient To Satisfy CAFA Exceptions
By Elise M. Bloom, Mark W. Batten and Noa Baddish on Posted in Class/Collective Action
Proskauer’s Value Insights Survey is Now Live
By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Independent Contractor, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Strategic Corporate Planning, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
Seventh Circuit Affirms Denial of Class Certification for Failure to Show Commonality under Dukes in Vacation Pay Suit
By Elise M. Bloom, Mark W. Batten and Noa Baddish on Posted in Appeals, Class/Collective Action, FLSA
Participate in Proskauer’s Value Insights Survey
By Elise M. Bloom on Posted in Accessibility & Accommodation, Class/Collective Action, Discrimination, Harassment and Retaliation, Hiring/Background Checks, Leaves of Absences, Litigation and Arbitration, Performance Management, Discipline & Termination, Vacation policy, Wage and Hour, Workplace Policies and Procedures, Workplace Restructuring and WARN
Supreme Court Takes Away a Class Action Defense Tool That We Couldn’t Really Use Anyway
By Elise M. Bloom and Mark W. Batten on Posted in Class/Collective Action
Second Circuit Revives Putative Collective Action
By Allan Bloom, Elise M. Bloom, Mark W. Batten and Rebecca Sivitz on Posted in Class/Collective Action
Second Circuit Revives Contract Attorney’s Misclassification Suit
By Allan Bloom, Elise M. Bloom, Mark W. Batten and Rebecca Sivitz on Posted in Appeals, Class/Collective Action, FLSA, Misclassification
Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits
By Elise M. Bloom, Joshua Fox, Mark W. Batten and Noa Baddish on Posted in Wage and Hour
Second Circuit Adopts The “Highly Individualized” Primary Beneficiary Test In Unpaid Intern Lawsuits
By Elise M. Bloom, Joshua Fox, Mark W. Batten and Noa Baddish on Posted in Appeals, Class/Collective Action, FLSA, Misclassification
Former Dukes Class Members Foiled by Eleventh Circuit’s “No Piggybacking” Rule
By Elise M. Bloom, Laura M. Fant and Mark W. Batten on Posted in FLSA
Plaintiffs Once Again Denied Class Certification in Dukes v. Wal-Mart Stores, Inc.
By Elise M. Bloom, Laura M. Fant and Mark W. Batten on Posted in Uncategorized
Supreme Court Tightens Class Action Rules, Rejecting Class Composed of 1.5 Million Wal-Mart Employees
By Elise M. Bloom on Posted in Uncategorized
