Brian D. Lee

Shareholder || Morristown

Brian Lee has spent over two decades defending employers in discrimination, harassment, whistleblower, wrongful discharge, wage and hour, and other employment related matters throughout the country. He is a trial lawyer, who has obtained favorable verdicts and judgments in discrimination and other employment-related lawsuits. He also specializes in handling labor arbitrations, having first chaired scores of such matters in his career.  

Brian is the relationship shareholder for many national clients with whom he partners on counseling and advice issues and strategies. He has extensive experience representing clients in the security, electronics, healthcare, pharmaceutical, hospitality, finance, and manufacturing industries. Additionally, he provides training on a variety of employment law topics and speaks at firm and private seminars.

Before becoming a lawyer, Brian worked as a news and sports anchor and reporter at several radio stations in the Northeast.

Learn more about Brian D. Lee
  • Obtained  successful jury verdict in Title VII national origin and gender discrimination case in United States District Court for the Middle District of Pennsylvania on behalf of a national manufacturing client
  • Won New York age discrimination trial defending large security industry client.
  • Obtained summary judgment, affirmed on appeal to the United States Court of Appeals for the Third Circuit, in high profile Sarbanes-Oxley Act whistleblower litigation.
  • Tried and won Title VII discrimination case before AAA on behalf of national financial client.
  • Successfully first-chaired nearly 100 labor arbitrations involving complex collective bargaining agreement interpretation issues and just cause discharge cases
  • Obtained summary judgment dismissals of age, race, disability and gender discrimination claims, under both state and federal law, in jurisdictions throughout the country, including New Jersey, New York, Connecticut, Michigan and Pennsylvania
  • Secured temporary and preliminary restraining orders on behalf of various clients seeking to enforce non-compete agreements
  • Performed internal workplace investigations for clients in various commercial industries and in the public sector

Reported Cases

  • Wiest v. Tyco Electronics, 812 F.3d 319 (3rd Cir. 2016)
  • Tomizawa v. ADT LLC, 2015 WL 5772016 (EDNY 2015)
  • Miller v. Tyco Electronics, 549 Fed.Appx. 112 (3rd Cir. 2014)
  • Miklos v. ADT Security Services, 2013 WL 812156 (DNJ)
  • Morin v. 20/20 Companies, 2012 WL 3880205 (DNJ)
  • Parsia v. Allied Tube & Conduit, 2009 WL 750191 (ED Pa.)
  • Grygorcewicz v. Schweitzer-Mauduit Intl., 2009 WL 235623 (DNJ)
  • Hernandez v. Earth Tech, 2008 WL 4104366 (E.D. Mich.)
  • Zilinski v. Earth Tech, 2008 WL 4820990 (D. Conn.)
  • Zilinski v. Earth Tech, 572 F. Supp.2d 214 (D. Conn.)
  • Curtis v. Tyco Retail Healthcare Group, 2008 WL 2967044 (ED Pa.)
  • Hoffman v. Tyco International, 2006 WL 3759709

Education

  • J.D.., cum laude, Seton Hall Law School, 1994
  • B.S., (Broadcast Journalism) Syracuse University, 1989

Admittance to Practice

  • New Jersey
  • Pennsylvania
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern and Middle Districts of Pennsylvania
  • U.S. District Court, Eastern District of Michigan

Professional Activities

  • New Jersey Bar Association (Labor & Employment Law Section)
  • American Bar Association (Labor & Employment Law Section)
  • Member of Ogletree Deakins’ Advisory Group (2007-2012)
  • Member of Governing Body of Liberty Corner Presbyterian Church (2011-2014)

Speeches

  • New Jersey Business & Industry Association - "When Wage and Hour Mistakes Get Personal" - West Orange - November 2017
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "Call the Hotline? Constructing a Whistleblower/Internal Complaint Program" - San Diego - May 5, 2017
  • Ogletree Deakins Webinar - "Mandatory Employment Arbitration Agreements in New Jersey" - August 2016
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "Maximizing Employee Success Through Effective Onboarding" - Chicago - May 6, 2016
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "ERISA Monetary Remedies: Continued Uncertainty for Fiduciaries" - San Antonio - May 14, 2015
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "It’s All in the Cards: The Legal and Practical Pros and Cons of Payroll Cards" - Las Vegas - May 8, 2014
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "ADA Accommodations: They're Not Just for Your Employees" - New Orleans - May 9 - 10, 2013
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "When Religion and Work Collide" - New Orleans - May 9 - 10, 2013
  • New Jersey Chamber of Commerce/Ogletree Deakins Seminar - "Making the Right Choices in Workplace Investigations" - Morristown - September 13, 2012
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "The Attorney Client Privilege - How to Protect It - How to Lose It" - Phoenix - May 10 - 11, 2012
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "Your Federal Government is Here to Help - Anatomy of a DOL Audit" - Phoenix - May 10 - 11, 2012
  • Ogletree Deakins Workplace Strategies Seminar (Moderator) - "Workplace Investigations - A View from Outside and In-House Counsel" - Chicago - May 11 - 12, 2011
  • New Jersey Chamber of Commerce/Ogletree Deakins Seminar - "The Importance of Documentation: How to Reduce Your Risk of Lawsuits" - Morristown - May 21, 2008
  • Ogletree Deakins Seminar - "Who Are You Calling Average? Effectively Evaluating Employee Performance Without Triggering legal Liability" - Morristown - June 15, 2006
  • Best Lawyers Award Badge
  • Best Lawyers in America* (2018-present)
  • Selected to the New Jersey Super Lawyers list, issued by Thomson Reuters*
  • Managing Editor, Seton Hall Law Review

*No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the following link.