Wayne N. Outten Esq.
Work in Outten & Golden LLP
Top Rated Family Law Attorney with 44 years of experience
Employment, Whistleblower
685 Third Avenue, 25th Floor, New York, NY 10017
About Wayne N. Outten Esq.
Practice Areas
- Employment
- Whistleblower
Education
- New York University School of Law, New York, New York, June, 1974J.D.
- Drexel University, Philadelphia, Pennsylvania, June, 1970B.S.
Languages
- English (Primary)
Classes and Seminars
- Panelist: "Managing Partner Roundtable | Developing a Culture of Attorney Satisfaction", New York State Bar Association, Law Practice Management Committee Annual Meeting, - 2019
- Moderator: "The Arbitration Dichotomy: Advances Outside the US while Challenges to Its Use in the US Continue", American Bar Association, Section of Labor & Employment Law, Annual Conference of the International Labor & Employment Lawyers Committee, - 2018
- Speaker: "Employees’ Lawyer’s Perspective: Resolving Highly Emotional Workplace Complaints and Claims", Practising Law Institute, Program on Psychological Issues in the Workplace, - 2018
- Panelist: "Representing Highly Compensated Employees", Maryland Employment Lawyers Association, Annual Conference, - 2017
- Speaker, Moderator: "Not Just Plain Vanilla: Creative Settlement Terms in Employment Disputes", National Employment Lawyers Association, NELA Annual Convention, - 2017
- Moderator: "Deferred Compensation Issues in Negotiating Severance Agreements", National Employment Lawyers Association, NELA 2016 Annual Convention, - 2016
- Moderator: "Independent Contractors and Interns, "Zero-Hours" Contracts and Just-in-Time Scheduling: Organizing, Representing and Bargaining with Precarious Workers Faced with market pressures to increase the bottom line, companies around", American Bar Association Section of Labor & Employment Law International Labor and Employment Law Committee Midyear Meeting, - 2015
- Panelist: "Navigating International Labor and Employment Issues in Corporate Transactions: Know the Issues; Consult the Experts", Law Education Institute, National CLE Conference, - 2015
- Keynote Speaker: "Employment Lawyer as Problem Solver", Connecticut Bar Association, Labor & Employment Law Section, - 2015
- Moderator: "Pay and Leave", Fourth TransAtlantic Conference, U.K. Employment Lawyer Association and ABA Labor & Employment Law Section International Committee, - 2015
- Panelist: "The New Restatement of Employment Law", National Employment Lawyers Association/ New York, - 2015
- Moderator: "Cutting Edge Issues in EU and NA Discrimination Laws", American Bar Association Section of Labor & Employment Law, International Labor & Employment Law Committee Midyear Meeting, - 2014
- Speaker: "The New Restatement of Employment Law: Its Strengths, Weaknesses & Ambiguities", NELA 2014 Annual Convention: Blazing the Trail, Courage, Challenge, Change, - 2014
- Speaker: "International Issues to be Aware Of", Law Education Institute, National CLE Conference, - 2014
- Co-presenter: "Negotiating Non-Monetary Terms -- Employment Settlement Agreements", ABA Labor & Employment Law Section Webinar, - 2014
- Panelist: "Compensation and Discrimination/Equal Pay Issues in the Financial Services Sector", ELA, Third Transatlantic Conference, - 2013
- Moderator: Plenary Session-Case Study addressing the following issues: Cross-Border US/UK fact pattern raising potential sexual harassment, performance, pregnancy/maternity leave & promotion issues; Strategic concerns on how best to manage litigation in US/UK, including EEOC involvement from a plaintiff and defendant point of view; Assessment/value of claims in US/UK; Mediation stategies, ELA, Third Transatlantic Conference, - 2013
- Speaker: "Let?s Make a Deal: Settlement Agreements A-Z", American Bar Association, Section of Labor & Employment Law, Employment Rights and Responsibilities Committee, Midwinter Meeting, - 2013
- Panelist: Hofstra Labor & Employment Law Journal 30th Anniversary Reception and Symposium, Hofstra, Arbitration and Mediation in Labor and Employment Law, - 2013
- Co-presenter: "Negotiating Executive Severance Agreements", American Bar Association Premiere Webinar, - 2012
- Panelist: "Arbitration and Mediation in labor & Employment Law", Hofstra Labor & Employment Law Journal's 30th Anniversary Symposium, - 2012
- Panelist: "2011 A Year in Review, HR's Biggest Challenges", Five O'Clock Club, - 2012
- Panelist: "The Lawsuit Seesaw: U.S. Discrimination vs. European Unfair Dismissal", Law Education Institute, - 2012
- Panelist: "What Every HR Executive Needs to Prepare for 2012 Challenges", The Five O'clock Club, - 2012
- Panelist: "Employment Agreements for Employees and Independent Contractors", ABA Labor & Employment Law Section Annual CLE Conference, - 2011
- Panelist: "A Pragmatic Approach to Mediation by Litigators for Litigators", New York City Bar Association, - 2011
- Panelist: "Law Firm Partnership Issues", NELA/NY Conference, - 2011
- Moderator: "Employment Agreements 101", NELA Annual Convention, - 2011
- Moderator: "Employment Discrimination Laws: EU and US Perspectives", ABA Labor & Employment Law Section, International Labor & Employment Law Committee, - 2011
- Lecturer: "Taxable Damages in Employment Cases", Non-Qualified and Attorney Fee Structures Conference, - 2011
- Moderator: "A Comparison of How Litigation is Handled Outside the U.S.", ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Conference, - 2011
- Moderator: "Alternative Fee Arrangements from Different Countries", ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee Midwinter Conference, - 2011
- Lecturer: "Supreme Court Developments in Employment Law in 2010: What You Need to Know in This Changing Landscape", New York City Bar Association, - 2010
- Lecturer: "Skills for Alternative Dispute Resolution", Practicing Law Institute, Bridge-The-Gap II for Newly Admitted Attorneys, - 2010
- Lecturer: "Cross-Border Labor Importation and Migration: Implications for U.S. and E.U. Lawyers", ABA, Labor & Employment Law Section, International Labor & Employment Law Committee, - 2010
- Lecturer: "Strategies for Meeting Diversity Goals in the Legal Profession", ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee, - 2010
- Lecturer: Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law: "Moving Towards the Future", Hofstra Law School, - 2010
- Lecturer: "Arbitration Under Attack: The Future of ADR?", CPR Institute for Conflict Prevention & Resolution, 2010 Annual Meeting ? Global ADR: The New Reality, - 2010
- Lecturer: "We Don't Do Things That Way Here Stranger: International Practice Gotcha's", Law Education Institute - Labor & Employment Law, - 2010
- Panelist: Managing Partner Conference Series: Managing Partner Response to COVID-19, Managing Partners’ Forum of the New York State Bar Association, - 2020
- Lecturer: "Mediation Advocacy: the Perspective of Employee's Counsel", National Employment Lawyers, New Jersey, - 2009
- Lecturer: "Litigation Strategy: Plaintiffs' Counsel, A Moderated Discussion", Practicing Law Institute, 38th Annual Institute on Employment Law, - 2009
- Lecturer: "Regulating Executive Compensation", New York University School of Law, - 2009
- Lecturer: "Preparing for Mediation - Tips for the Advocate and Tips for the Mediator and Mandatory Arbitration - Pyett and Beyond", New York State Bar Association, Labor & Employment Law Section Fall Meeting, - 2009
- Lecturer: "Executive Employment Agreements & Executive Compensation", National Employment Lawyers Association/New York, - 2009
- Lecturer: "Why Diversity Matters: Not Just Talking But 'Walking the Walk'", National Employment Lawyers Association Annual Convention, - 2009
- Lecturer: "The Employment 'Pre-Nuptial' - Counsel Go Head to Head Over Non-Competition, Confidentiality and other Restrictions on Employees", Upper Midwest Employment Law Institute, - 2009
- Lecturer: "The Divorce Wars - When the Departing Employee Leaves with Trade Secrets, Employees, and other Valuable Corporate Assets", Upper Midwest Employment Law Institute, - 2009
- Co-Producer & Discussion Leader: "UK Employment Lawyers Association", Labor & Employment Law Conference, - 2009
- Lecturer: "The Role of Courts in Policing Professionalism", ABA Labor & Employment Section, Committee on Ethics and Professionalism, - 2009
- Lecturer: "Workplace Issues in the Current Economic Climate and the Role of Dispute Resolution", Association of Conflict Resolution of Greater New York, - 2009
- Lecturer: "Protecting Your Rights as an Administrator Under the Law", Association of Legal Administrators, - 2009
- Lecturer: "Dealing with the International Employee", Colorado Bar Association, National CLE Conference, - 2009
- Lecturer: "Crucial Strategies in Negotiating Employment and Separation Agreements", ABA Labor & Employment Law Section Annual CLE Conference, - 2009
- Crucial Strategies in Negotiating Employment and Separation Agreements, ABA Labor & Employment Law Section Annual CLE Conference, - 2009
Qualifications
Bar Admissions
- New York, 1979
- U.S. District Court Southern District of New York, 1979
- U.S. District Court Eastern District of New York
- U.S. Court of Appeals 2nd Circuit, 1988
- U.S. Supreme Court, 1997
- Maryland, 2010
Other Affiliations
- National Employment Lawyers Association (Founding Member, Executive Board)
- National Employment Lawyers Association (Co-Chair, International Law Committee)
- Workplace Fairness, a Charitable/Educational Organization (Co-Founder)
- College of Labor and Employment Lawyers, 1996 - 2003 (Founding Governor)
- American Bar Association, Labor and Employment Law Section, 2000 - 2008 (Council)
- American Bar Association, International Labor Section (Employee Co-Chair)
- American Bar Association, Membership Development Section (Co-Chair, Membership Development Committee)
- American Bar Association, Employment Rights and Responsibilities (Employee co-chair)
- American Bar Association, Labor and Employment Law (Liaison to Responsibilities and Pro Bono Work Committee)
- New York State Bar Association, Labor & Employment Law Section (Active Member, Executive Committee)
- New York State Bar Association (Co-Chair, International Labor & Employment Law Committee)
- New York State Bar Association (Co-Chair, Alternative Dispute Resolution Committees)
- CPR Institute for Dispute Resolution (Member, Employment Disputes Committee)
- New York Civil Liberties Union (Nassau Chapter) (Member, Board)
- New York Civil Liberties Union (Member, Executive Committee)
- National Employment Lawyers Association/New York, 1986 - Present (Founder)
- National Employment Lawyers Association/New York (Former President )
Past Positions
- U.S. District Court Judge Gus J. Solomon, District of Oregon, Law Clerk, 1974 - 1976
- Lankenau Kovner & Outten, LLP, Associate, Partner, 1979 - 1998
Articles
Published Works
- Privacy in the Employment Relationship, chapter in Privacy Law and Practice, 1987
- Employee and Applicant Testing, NELA/Mathew Bender/Lexis, 1990
- Cross-Examining a Defense Psychologist in a Sexual Harassment Case, The Practical Litigator, 1993
- The Rights of Employees and Union Members: The Basic ACLU Guide to the Rights of Employees and Union Members (An American Civil Liberties Union handbook), Univ. Press , 1984
- Pleadings, chapter in Employment Litigation in New York, 1996
- Are Partners "Employees" Under Federal Employment Discrimination Law?, Law Firm Partnership and Benefits Report, 1996
- "Glass-Ceiling" Lawsuits Threaten "Old Boy" Network, Law Firm Partnership and Benefits Report, 1996
- Extraterritorial Application of U.S. Laws: Anti-Discrimination, ABA/BNA Books, 1997
- New York Employment Complaints and Answers/FAST, West Pub, 1998
- Employment Issues For Multi-National Employers And Employees: Legal Restraints On Foreign Employers Doing Business In The United States, ABA ERR 1998 Annual Meeting Toronto, 1998
- Ten Ways for Law Firm Management to Avoid Employee Lawsuits, Law Firm Partnership and Benefits Report, 1999
- Negotiating the Severance Agreement from the Employee's Perspective, The Practical Litigator, 1999
- Outten's Admonitions Or Top Ten Ways For Employers To Avoid Employee Lawsuits, Law Firm Partnership and Benefits Report, 1999
- When And How Can A Law Firm Expel A Partner?
- The Financial Rights Of A Departing Law Partner, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2000
- What To Do If You Are Fired
- Practice Pointers on Opposing the Affirmative Defense that the Employer Took Reasonable Steps to Prevent Sexual Harassment: Perspective of a Plaintiff's Attorney, 656 PLI/Lit. 187, 2001
- Overview of Workplace Claims in New York: Perspective of Employees’ Counsel, 662 PLI/Lit. 1179, 2001
- Marshalling the Evidence in Employment Discrimination Cases: A Perspective from the Plaintiff’s Bar, 657 PLI/Lit. 101, 2001
- Determining the Financial Rights of a Departing Partner, Law Firm Partnership and Benefits Report, 2000
- Non-Compete Agreements: Emerging Issues From The Perspective Of Employee's Counsel, 2001
- Employment Agreements - Change Of Control Agreements, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2001
- Negotiating Settlement Agreements: An Employees' Lawyer's Perspective 1, BNA Books, 2002
- Negotiating Settlement Agreements: An Employees' Lawyer's Perspective, BNA Books, 2002
- Negotiating ADR Agreements: An Employees' Lawyer's Perspective, BNA Books, 2002
- How Law Firms Can Avoid Retaliation Claims, Law Firm Partnership & Benefits Report, 2002
- Negotiations And ADR In Employment Disputes: An Employees' Attorney's Perspective, The Bureau of National Affairs, Inc, 2003
- Mediation Of Employment Disputes, Excerpt from "Chapter 16. Representing the Executive", 2003
- Handling Disputes Involving Current Employees, Excerpt from "Chapter 16. Representing the Executive", 2003
- Employment Agreements - Negotiating Employment Agreements, Excerpt from "Chapter 16. Representing the Executive", 2003
- When Your Employer Thinks You Acted Disloyally: The Guarantees And Uncertainties Of Retaliation Law, 2003
- Developments In Harassment Law: Update For 2002-2003, 20th Annual Upper MidWest Employment Law Institute, 2003
- Can Law Firm Partners Sue The Firm For Employment Discrimination?, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2004
- Mediation Advocacy: An Employees' Attorney Perspective, 2004
- Clients: To Whom Do They Belong?, Law Journal Newsletters' Law Firm Partnership & Benefits Report, 2004
- Working with the Equal Employment Opportunity Commission, Employee Rights and Employment Policy Journal, Vol 10, No. 2, 2006
- Counseling Multinational Employees: Their Rights And Remedies Under US Law, 2006
- Jumping Ship (and Taking the Crew): Can Law Firm Partners Solicit Their Firm’s Employees?, Law Firm Partnership & Benefits Report, 2007
- Representing the Executive, BNA Books, 2002
- New Laws Expand Whistleblower Protections, Employment Law Strategist, 2011
- ADR in Employment Law, Bloomberg BNA Books, 2015
- The Employment Lawyer as Problem-Solver, NELA Nite, 2016
- The Employment Lawyer As Problem Solver, 2016
- Article Co-Authored by Wendi Lazar Reveals Why Women Lawyers in BigLaw Earn Less Than Male Colleagues and Ways to Close the Pay Gap, O&G Employment Law Blog, 2016
- McDonald’s “Clawback” Lawsuit Against Former CEO Is the Latest to Shine a Light on Questionable Executive Compensation Practices, O&G Employment Law Blog, 2020
- Recent Legislative and Regulatory Developments in U.S. Executive Compensation, O&G Employment Law Blog, 2020
Office Info
Other Colleagues
- Associate
- 9 years of experience
Nearby Lawyers
- Employment
- Whistleblower
- 0.2 mile away
- 0.3 mile away
The power of the lawyer is in the uncertainty of the law.