On August 25, 2014, Magistrate Judge Sarah Netburn of the Southern District of New York issued an order compelling MasterCard to produce several documents that the company had previously identified as privileged. The plaintiff in the ongoing contract dispute, International Cards Company, Ltd., challenged MasterCard’s privilege log, which led Judge Netburn to instruct MasterCard to
Keisha-Ann Gray
Keisha-Ann G. Gray is a distinguished litigator and trial lawyer who has secured significant victories in federal and state courts (jury trial and otherwise) for organizations facing “bet the company”, high-reaching, reputational risk claims. An award-winning partner in Proskauer’s renowned Labor & Employment department and co-chair of the Firm’s Workplace Investigations practice group, she advises clients on high-stakes employment litigation and complex investigations matters. As important social change movements like Black Lives Matter, #MeToo and LGBTQ Pride continue to shape society and businesses, Keisha-Ann is the go-to advisor when addressing issues related to discrimination, harassment and/or lack of diversity.
With 20+ years in practice, Keisha-Ann frequently speaks and trains on employment matters such as litigation and trial practice, conducting effective investigations (the trauma-based approach), Diversity, Equity & Inclusion, and Anti-Discrimination/Anti-Harassment. Her “real talk” style of delivery provides clients with actionable and practical best practice solutions to today’s most challenging workplace issues.
Prior to joining Proskauer, Keisha-Ann served as an Assistant United States Attorney in the Eastern District of New York and federal law clerk in the U.S. District Court for the District of Puerto Rico. The breadth of Keisha-Ann’s experience and background in federal government, coupled with her tenure in private practice as a Big Law partner and employment litigator, gives her the unique ability to meaningfully connect with diverse groups of people. This skill enables her to advocate effectively and successfully (in and out of the courtroom) for her clients. As a result, Keisha-Ann is also frequently called upon to conduct high-profile internal investigations. Because of her unique and varied skill set, clients routinely engage Keisha-Ann to handle their most sensitive matters which, due to her involvement, often successfully result in non-public, confidential resolutions – precisely the mandate required by her clients.
Keisha-Ann enjoys giving back to the community and profession by serving as a member of the Mayor’s Advisory Committee on the Judiciary. She also serves on the Board of the Attorney Grievance Committee for the NY Supreme Court Appellate Division, 1st Department, the Board of the Federal Bar Council, and the Board of the Eastern District Association. In addition, Keisha-Ann co-Chairs the Federal Bar Council’s Employment Litigation Committee, and mentors junior female attorneys and junior attorneys of color.
Employers To Face More Concurrent EEOC and Tort Suits after Second Circuit Decision
The U.S. Court of Appeals for the Second Circuit has joined the Seventh and Ninth Circuits in holding that an EEOC charge will not toll the statute of limitations on a state-law tort claim. This decision likely will lead to an increase in concurrent filings of state-law tort claims and Title VII federal administrative proceedings…
No Longer a “Motivating Factor”: E.D.N.Y. Rules New “But-For” Causation Standard for Retaliation Retroactive
Employers who have recently suffered defeats on Title VII retaliation claims now have reason to ask for reconsideration under applicable rules. The Eastern District of New York, in Sass v. MTA Bus Co., ruled that existing cases should no longer be subject to a “motivating factor” analysis, but rather, are retroactively subject to the “but-for”…