Kimberly Klein

Partner

Contact Me

T(212) 554-7853

F(917) 206-4353

Kimberly Klein became a litigation partner at Moses & Singer in 2006. She has litigated and arbitrated a variety of employment matters including, age, race and sex discrimination suits, as well as wrongful termination, contract, defamation and EEOC actions. 

Kim's experience in labor and employment law spans state, federal and administrative agency regulations. She advises clients on federal employment statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and equivalent state and city statutes.

Kim has experience conducting investigations concerning allegations of discrimination and advising clients on an array of employment matters including: hiring, employment contracts, commission agreements, terminations, severance agreements, reductions-in-force, harassment/discrimination, retaliation, employee discipline, performance reviews, non-compete and other restrictive covenants. She provides guidance on workplace audits, wage and hour issues, employment manuals, training employees, background checks and more.

Prior to law school, Kim received a B.A. from Washington University in St. Louis and a M.A. in Journalism at American University in Washington, D.C., after which she worked as a reporter for several years before going to law school. Kim is admitted to practice in the State Bar of New York and the United States District Courts for the Southern and Eastern Districts of New York.

Before joining the firm, Kim worked at Proskauer Rose LLP.

Presentations [View All]
  • "Family Office Forum: Avoiding Lawsuits," Moses & Singer Program, November 2013
  • "Class Action Waivers in Employment Arbitration Agreements," February 2013
  • "NLRB Expands Enforcement Efforts To Non-Unionized Employers Through Social Media Postings and Handbook Policies," September 2012
  • "Best Practices For Preserving and Producing Electronically Stored Information," December 2011
  • "Employment Issues Employers Must Consider When Starting Their Own Business," January 2010
  • "Ten Tips To Help Employers Prevent Discrimination Claims," January 2009
Law School Activities/Honors
  • New York Law School Journal of International and Comparative Law, Staff Member, 1995; Notes and Comments Editor, 1996-1997
  • Semifinalist, Delaware Moot Court Competition; Octofinalist, Froessel Moot Court Competition
  • Recipient, Public Interest Fellowship
  • Author, “Open Video Systems: A Platform Worth Investing In?,” 1996

Representative Matters

Employment Matters

Among the many employment-related litigations and proceedings handled by Ms. Klein, she has successfully:

  • Defeated a Temporary Restraining Order brought in Supreme Court, New York County by Red Door Salons, Inc. to prohibit our client from operating a competing salon in violation of a non-compete resulting in a quick settlement. (2013)
  • Obtained a determination of No Probable Cause for our client, an equipment lease finance company, against claims of age discrimination before the New York State Division of Human Rights. (2013)
  • Defeated claims of race discrimination and retaliation in violation of N.Y. Executive Law brought against our client, an equipment lease finance company, before the New York State Division of Human Rights.  (2013)
  • Represented an outsourcing company before the New York State Division of Human Rights against federal and state harassment claims based on race and marital status.  (2012)
  • Defended a company that provides tutors to New York City schools before the City of New York, Commission on Human Rights against age discrimination claims by an applicant. (2012)
  • Obtained a finding of No Probable Cause for our client, an outsourcing company, against a former employee alleging retaliation in violation of New York State Executive Law before the New York State Division of Human Rights Division. (2012)
  • Represented a costume company before the New York State Division of Human Rights against claims of religious discrimination and retaliation by a former employee who was an observant Jew.  Despite receiving a determination of No Probable Cause, plaintiff commenced an action before the U.S. District Court, Eastern District of New York, which was quickly dismissed after oral argument at a pre-motion conference without any motion filed. (2012)
  • Defended a private equity investment fund against claims of discrimination based on national origin before the State of Connecticut, Commission on Human Rights and Opportunities (“CHRO”). (2011)
  • Brought a motion to dismiss plaintiff’s complaint in Supreme Court, New York County, for alleged improper payment under New York Labor Law and other wage-related claims against our client, a production company that creates content for film, television, the web and mobile devices. (2010-2011)
  • Settled a breach of employment agreement brought by our client in U.S. District Court, Southern District of New York for roughly $5 million. (2009)
  • Defeated claims of wrongful termination and defamation brought by a former employee/broker against our broker-dealer client in an arbitration before the NASD Dispute Resolution, now FINRA. (2006)
  • Defeated claims for race and sex discrimination brought before the CHRO for our client, a technology release management firm. (2006)
  • Defeated age and race claims in the U.S. District Court, District of New Jersey against our client a broker-dealer. (2006)

General Litigation

Among the many general litigation matters handled by Ms. Klein, she has successfully:

  • Dismissal of complaint alleging theft of trade secrets, breach of a term sheet and equitable relief against our client, a manufacturer and supplier of components to power companies and the U.S. military.  The ruling was affirmed on plaintiff’s motion for reconsideration and by the Appellate Division, First Department in a published decision.  (2008-2009)
  • Defended our client, an equipment lease finance company, in an arbitration before the American Arbitration Association, against claims by a competitor of breach of an Asset Purchase Agreement. (2008)
  • Obtained a default judgment for our client, a provider of satellite services, for approximately $536,000 after commencing an action in Supreme Court, New York County for breach of contract and account stated. (2007)
  • Settled an action brought by our client, a large telecommunications company, in Supreme Court, New York County for roughly the full amount of the claim shortly after commencing the action alleging breach of contract and unjust enrichment. (2009)
  • Defeated a summary judgment motion for breach of a loan authorization and fee agreement against our client, a commercial mortgage broker, in the U.S. District Court, District of New Jersey. (2004)

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Biography

Kimberly Klein became a litigation partner at Moses & Singer in 2006. She has litigated and arbitrated a variety of employment matters including, age, race and sex discrimination suits, as well as wrongful termination, contract, defamation and EEOC actions. 

Kim's experience in labor and employment law spans state, federal and administrative agency regulations. She advises clients on federal employment statutes, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Older Workers Benefit Protection Act (OWBPA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and equivalent state and city statutes.

Kim has experience conducting investigations concerning allegations of discrimination and advising clients on an array of employment matters including: hiring, employment contracts, commission agreements, terminations, severance agreements, reductions-in-force, harassment/discrimination, retaliation, employee discipline, performance reviews, non-compete and other restrictive covenants. She provides guidance on workplace audits, wage and hour issues, employment manuals, training employees, background checks and more.

Prior to law school, Kim received a B.A. from Washington University in St. Louis and a M.A. in Journalism at American University in Washington, D.C., after which she worked as a reporter for several years before going to law school. Kim is admitted to practice in the State Bar of New York and the United States District Courts for the Southern and Eastern Districts of New York.

Before joining the firm, Kim worked at Proskauer Rose LLP.

Presentations [View All]
  • "Family Office Forum: Avoiding Lawsuits," Moses & Singer Program, November 2013
  • "Class Action Waivers in Employment Arbitration Agreements," February 2013
  • "NLRB Expands Enforcement Efforts To Non-Unionized Employers Through Social Media Postings and Handbook Policies," September 2012
  • "Best Practices For Preserving and Producing Electronically Stored Information," December 2011
  • "Employment Issues Employers Must Consider When Starting Their Own Business," January 2010
  • "Ten Tips To Help Employers Prevent Discrimination Claims," January 2009
Law School Activities/Honors
  • New York Law School Journal of International and Comparative Law, Staff Member, 1995; Notes and Comments Editor, 1996-1997
  • Semifinalist, Delaware Moot Court Competition; Octofinalist, Froessel Moot Court Competition
  • Recipient, Public Interest Fellowship
  • Author, “Open Video Systems: A Platform Worth Investing In?,” 1996
Education
  • New York Law School (J.D., magna cum laude)
  • American University (M.A. in Journalism and Public Affairs)
  • Washington University (B.A.)
Bar/Court Admissions
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • New York
Representative Matters

Employment Matters

Among the many employment-related litigations and proceedings handled by Ms. Klein, she has successfully:

  • Defeated a Temporary Restraining Order brought in Supreme Court, New York County by Red Door Salons, Inc. to prohibit our client from operating a competing salon in violation of a non-compete resulting in a quick settlement. (2013)
  • Obtained a determination of No Probable Cause for our client, an equipment lease finance company, against claims of age discrimination before the New York State Division of Human Rights. (2013)
  • Defeated claims of race discrimination and retaliation in violation of N.Y. Executive Law brought against our client, an equipment lease finance company, before the New York State Division of Human Rights.  (2013)
  • Represented an outsourcing company before the New York State Division of Human Rights against federal and state harassment claims based on race and marital status.  (2012)
  • Defended a company that provides tutors to New York City schools before the City of New York, Commission on Human Rights against age discrimination claims by an applicant. (2012)
  • Obtained a finding of No Probable Cause for our client, an outsourcing company, against a former employee alleging retaliation in violation of New York State Executive Law before the New York State Division of Human Rights Division. (2012)
  • Represented a costume company before the New York State Division of Human Rights against claims of religious discrimination and retaliation by a former employee who was an observant Jew.  Despite receiving a determination of No Probable Cause, plaintiff commenced an action before the U.S. District Court, Eastern District of New York, which was quickly dismissed after oral argument at a pre-motion conference without any motion filed. (2012)
  • Defended a private equity investment fund against claims of discrimination based on national origin before the State of Connecticut, Commission on Human Rights and Opportunities (“CHRO”). (2011)
  • Brought a motion to dismiss plaintiff’s complaint in Supreme Court, New York County, for alleged improper payment under New York Labor Law and other wage-related claims against our client, a production company that creates content for film, television, the web and mobile devices. (2010-2011)
  • Settled a breach of employment agreement brought by our client in U.S. District Court, Southern District of New York for roughly $5 million. (2009)
  • Defeated claims of wrongful termination and defamation brought by a former employee/broker against our broker-dealer client in an arbitration before the NASD Dispute Resolution, now FINRA. (2006)
  • Defeated claims for race and sex discrimination brought before the CHRO for our client, a technology release management firm. (2006)
  • Defeated age and race claims in the U.S. District Court, District of New Jersey against our client a broker-dealer. (2006)

General Litigation

Among the many general litigation matters handled by Ms. Klein, she has successfully:

  • Dismissal of complaint alleging theft of trade secrets, breach of a term sheet and equitable relief against our client, a manufacturer and supplier of components to power companies and the U.S. military.  The ruling was affirmed on plaintiff’s motion for reconsideration and by the Appellate Division, First Department in a published decision.  (2008-2009)
  • Defended our client, an equipment lease finance company, in an arbitration before the American Arbitration Association, against claims by a competitor of breach of an Asset Purchase Agreement. (2008)
  • Obtained a default judgment for our client, a provider of satellite services, for approximately $536,000 after commencing an action in Supreme Court, New York County for breach of contract and account stated. (2007)
  • Settled an action brought by our client, a large telecommunications company, in Supreme Court, New York County for roughly the full amount of the claim shortly after commencing the action alleging breach of contract and unjust enrichment. (2009)
  • Defeated a summary judgment motion for breach of a loan authorization and fee agreement against our client, a commercial mortgage broker, in the U.S. District Court, District of New Jersey. (2004)
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