Profile

Howard combines innovative thinking and pragmatic problem solving with committed advocacy on a day to day basis to help his clients achieve their goals and objectives.

In today’s rapidly changing and highly regulated business environment, a lawyer must do more than tell a client what cannot be done; he must stay one step ahead, guiding the client on a steady path forward.

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  • Hernandez v. Port Washington Union Free School District, 193 A.D.3d 733, 141 N.Y.S.2d 875 (2d Dep’t 2021)
  • Boyle v. N. Salem School District, 2020 U.S. Dist. LEXIS 82504 (S.D.N.Y. 2020) (holding that Child Victims Act does not extend statute of limitations for federal claims)
  • Doe v. Vassar College, 2019 U.S. Dist. LEXIS 203418 (S.D.N.Y. November 21, 2019) (successful defense against motion for preliminary injunction in Title IX “wrongful outcome” case)
  • Gingrich v. William Floyd School District, 2018 U.S. Dist. LEXIS 103371 (E.D.N.Y. 2018) (dismissing constitutional claims arising out of student-on-student assault)
  • Nadolecki v. William Floyd School District, 2016 U.S. Dist. LEXIS 88399 (E.D.N.Y. 2016) (recommending dismissal of First Amendment retaliation claims), adopted in its entirety 15-cv-2915 (September 13, 2016)
  • City of Binghamton v. Whalen, 2016 N.Y. App. Div. LEXIS 4167 (3d Dep’t June 2, 2016) (argued and on the brief in case enforcing full and complete compensation forfeiture under the “faithless servant doctrine” and rejecting task-by-task apportionment of damages)
  • Westchester Cnty. Independence Party v. Astorino, 2015 U.S. Dist. LEXIS 133318 (S.D.N.Y. 2015) (dismissing RICO and Constitutional claims)
  • Lasillo v. Pilla, 120 A.D.3d 1192, 992 N.Y.S.2d 143 (2d Dep’t 2014) (affirming Village’s termination of post-termination health care benefits)
  • Hommel v. City of Long Beach, 2014 WL 1010654 (E.D.N.Y. March 14, 2014) (successful defense of First Amendment retaliation claim)
  • Mohawk v. William Floyd School District, 2014 WL 838162 (E.D.N.Y. March  3, 2014) (dismissing employment discrimination and retaliation claim)
  • Saliba v. Five Towns College, 2014 WL 92690 (E.D.N.Y. Jan. 10, 2014)(holding that alleged complaint by faculty member about another faculty member’s harassment of student did not constitute protected activity under Title VII  and dismissing retaliation claim on additional ground of lack of “but-for” causation and failure to exhaust remedies).
  • Dong v. Town of North Hempstead, 2013 WL 6407724 (E.D.N.Y. December 9, 2013)(dismissing Fifth Amendment takings claim).
  • Spataro v. Glenwood Supply, 479 Fed. Appx. 403 (2d Cir. 2012) (affirming grant of motion to dismiss age discrimination claims)
  • Carroll v. City of Mount Vernon, 2011 WL 6759597 (2d Cir. 2011) (argued and on the brief in case granting post-Ricci motion for summary judgment dismissing reverse race discrimination claim), affirming 707 F.Supp.2d 449 (S.D.N.Y. 2010) (analyzing post-Ricci disparate impact claims)
  • Mosby v. William Floyd School District, 2010 WL 376842, 363 Fed. Appx. 788 (2d Cir. 2010) (argued and on the brief in case affirming grant of summary judgment in discrimination, hostile environment and retaliation case)
  • Hammond v. Keyspan, 2009 WL 337727 (2d Cir. 2009) (on the brief in case affirming grant of summary judgment in disability discrimination case)
  • Capone v. Weeks, 326 Fed. Appx. 46 (2d Cir. 2009) (argued and on the brief in case seeking recovery of defendant's attorney's fees in employment case) on remand 2010 WL 2771845 (E.D.N.Y. 2010) (granting fee shift against plaintiff's counsel)
  • New York & Atlantic Railway Company v. Surface Transportation Board, 635 F.3d 66 (2d Cir. 2011) (upholding right of Town to enforce local zoning ordinances on transloading facility)
  • Evans v. City of Mount Vernon, 92 A.D.3d 829, 939 N.Y.S.2d 130 (2d Dep’t 2012) (argued and on the brief in case dismissing negligent hiring and supervision claims)
  • William Floyd School District v. Wright, 61 A.D. 3d 856, 877 N.Y.S.2d 395 (2d Dep't 2009) (argued and on the brief in novel application of "faithless servant doctrine")
  • Ciancuilli v. Bronxville Police Commissioners, 57 A.D.3d 661, 868 N.Y.S.2d 548 (2d Dep't 2008) (argued and on the brief in case upholding termination of police officer)
  • Murray v. Downey, 48 A.D.3d 817, 852 N.Y.S.2d 387 (2d Dep't 2008) (argued and on the brief in case requiring exhaustion of remedies under collective bargaining agreement prior to filing lawsuit)
  • Beale v. Mount Vernon Police Department, 2012 WL 4473282 (S.D.N.Y. 2012) (dismissing sex-based hostile environment claims)
  • Guardino v. Village of Scarsdale Police Department, 2011 WL 4000999 (S.D.N.Y. 2011) (granting motion to dismiss ADA claim)
  • Zucker v. Five Towns College, 2010 WL 3310698 (E.D.N.Y. 2010) (granting motion to dismiss age discrimination claim)
  • Burchette v. Abercrombie & Fitch Stores, Inc., 2010 WL 1948322 (S.D.N.Y. 2010) (dismissing claims alleging selective enforcement of “look policy”)
  • Blanco v. Village of Scarsdale, 2009 U.S. Dist. LEXIS 42773 (S.D.N.Y. 2009) (granting motion to dismiss retaliation claims)
  • Meyer v. William Floyd School District, 2009 WL 33227208 (E.D.N.Y. 2009) (successful motion to dismiss employment discrimination claims)
  • Kempkes v. Marvin, 2008 WL 5330673 (S.D.N.Y. 2008) (successful motion to dismiss First Amendment retaliation claim)

  • Listed in:
    • The Best Lawyers in America®, Education Law, 2012-2022 (listed for 10 years)
    • New York Super Lawyers 2021®, Employment & Labor (listed for 10 years)
  • Benchmark Litigation Labor & Employment Star, 2021
  • New York State Bar Association
  • Nassau County Bar Association
  • National Association of College and University Attorneys
  • Member, Law Review
  • St. Thomas More Scholar

  • Free Speech in the Era of Racial and Political Polarization, National PELRA, New Orleans, LA, November 9, 2021
  • Student First Amendment Rights – An Update from the Supreme Court, NYSSBA Pre-Convention Law Conference, NYC, October 24, 2021
  • Help Wanted: Managing Through the Current Labor Staffing Shortage, Bond Webinar, October 19, 2021
  • Operating in a COVID-19 Environment, Long Island Association of School Personnel Administrators, Webinar, October 7, 2021
  • Free Speech in the Era of Racial and Racial Political Polarization, New York State Public Employer Labor Relations Association, Saratoga Springs, NY, September 30, 2021 
  • The Biden Administration’s Employment Law Initiatives, Association of Independent Research Institutes, Webinar, September 13, 2021
  • Helping Students Transition Back into an In-person School Environment, NYSSBA Summer Law Conference, Melville, NY, July 8, 2021 
  • COVID-19 - An Overview of Lessons Learned, NYSSBA Pre-Convention Law School Seminar, October 21, 2020
  • COVID-19 Labor Issues as Staff Return to Work, Long Island Association of School Personnel Administrators, Part 1: July 29, 2020; Part 2: August 5, 2020 
  • Handling Mental Health Issues in School, National Business Institute, May 8, 2020
  • Panel Member, The “Ayes” Have It: Legislative Update No. 1/An Overview of New Laws with a Focus on Employment Issues, 2019 School Law Conference, Nassau County Bar Association, December 6, 2019
  • Sweeping Changes to New York Human Rights Law, Association of Towns 2020 Annual Meeting & Training School, New York, NY, February 17, 2020
  • The Varying Landscape of Employment Discrimination, New York State School Boards Association, Rochester, NY, October 26, 2019
  • Sweeping Changes to New York Human Rights Law: Employers Must Prepare Now!, Bond, Schoeneck & King webinar, August 29, 2019
  • Child Victims Act: Impacts on the Insurance Industry, Bond, Schoeneck & King webinar, July 23, 2019
  • Sexual Harassment Litigation Strategies, County Attorney's Association of New York, Cooperstown, NY, May 20, 2019
  • Child Victims Act, Bond, Schoeneck & King webinar, May 7, 2019
  • Solving the Mental Health Rubik's Cube in the Modern and Maddening Workplace, Long Island Association of School Personnel Administrators, March 6, 2019
  • Sexual Harassment in the Era of Viral News, National Business Officers Association, February 7, 2019
  • 2018 Year in Review - Labor and Employment, Bond, Schoeneck & King webinar, January 9, 2019
  • Holiday Season Postscript: An Update on Noncompete Agreements, The Journal of the Nassau County Bar AssociationJanuary 2019
  • Switching to Offense in Employment Cases, Long Island Chapter Labor and Employment Relations Association, December 12, 2018
  • Panel Member, How to Protect Your School District in the Age of the "Me Too" Movement, Annual School Law Conference, December 7, 2018
  • Sexual Harassment in the Viral News World, New York State School Boards Association, Sheraton New York Times Square Hotel, October 26, 2018
  • Switching to Offense in Employment Cases, New York State Bar Association Labor & Employment Law Section, Montreal, Quebec, Canada, October 12, 2018
  • Student Activism: The Past Visits the Present Again, New York State School Boards Association, Plainview, NY, July 26, 2018
  • Preventing Sexual Harassment in the Workplace, New York State Public Employer Labor Relations Association, Inc. (NYSPELRA), Saratoga Springs, NY, July 19, 2018
  • Managing Employees in the Digital Era, The Accounting & Finance Show NY, Javits Center, New York, NY, July 11, 2018
  • Social Media Investigations in the Workplace, County Attorneys’ Association of the State of New York Annual Meeting, The Otesaga Hotel, Cooperstown, NY, May 21, 2018
  • Title IX, Long Island Association of School Personnel Administrators, April 25, 2018
  • Interviewee, Tower Talk Business Radio, February 23, 2018
  • Panel Member, “Express Yourself!” - Standard for Disciplining Staff and Students for Exercising Their Freedom of Expression - Mock 3020-a Proceeding and Legal Analysis, 2017 Annual School Law Conference, December 8, 2017
  • Religion in the Public Schools, New York State School Boards Association, October 13, 2017
  • Hot Topics in Higher Education and Technology & School Policy~A Panel Discussion, Mid-Hudson School Study Council, Monroe-Woodbury High School, Central Valley, New York, August 4, 2017
  • Sections 3020-a and 3020-b – A Timely Update, New York State School Boards Association, July 27, 2017
  • Labor & Employment Law – What’s Hot, What’s New, What’s Next, New York State Industries for the Disabled, October 6, 2017
  • Aggressive Litigation Techniques in Defending Employment Cases, Bond's In-House CLE Series, February 27, 2017
  • Digital Fingerprints: The Legal Double-Edged Swords of Social Media and Email, Long Island Association of School Personnel Administrators Event, December 1, 2016
  • Hot Topics in Public Sector Employment Law, Association of Towns of the State of New York 2016 Personnel Management School, November 18, 2016
  • Student Use of Heroin and Other Drugs – The Legal Issues and More, New York State School Boards Association, October 27, 2016
  • Labor & Employment Law Developments and What They Mean for Your Agency, New York State Industries for the Disabled, September 8, 2016
  • Investigations & Student Rights Relative to Social Media, Mid-Hudson School Study Council, August 5, 2016
  • Litigating and Defending Retaliation Claims: Overcoming the Complex Challenges of These Claims and Pitfalls to Avoid, American Conference Institute 8th Annual Forum on Defending and Managing Employment Discrimination Litigation, July 28, 2016
  • Transgender Individuals in the Schools: Lingering Issues, New York State School Boards Association, July 21, 2016
  • First Amendment Claims and Employer Counter-Claims, New York State Public Employer Labor Relations Association, July 20, 2016
  • Guidance on Transgender and Gender Nonconforming Students, Mid-Hudson Catskill Council of Superintendents, April 12, 2016
  • Public Education and the Law – The New Frontier:  From Debates over Implementation of the Common Core to Student Opt-Outs of Standardized Testing, as well as the Rights of Transgender Individuals in the Schools – Where Will it End?, New York State Bar Association, Committee on Law, Youth & Citizenship, January 27, 2016
  • Transgender Students and Employees, Nassau and Suffolk Academies of Law, School Law Conference, December 14, 2015
  • Transgender Individuals in the Schools – Lingering Issues, New York State School Boards Association, October 18, 2015
  • Update on Age Discrimination Litigation Trends: The Latest Class Action Developments, Guidance on Wrongful Reduction in Force Claims, and Practical Solutions for Overcoming the Most Common Challenges Employers are Now Facing in the Age Discrimination Landscape, American Conference Institute’s 7th Annual Forum on Defending and Managing Employment Discrimination, July 27, 2015
  • The New APPR – What Does It All Mean?, New York State School Boards Association Summer Law Conference, July 23, 2015
  • §3020-a Proceedings in the Age of APPR, New York State School Boards Association, January 14, 2015
  • Title IX, Transgender and Inter-Scholastic Sports, Nassau and Suffolk Academies of Law, School Law Conference, December 8, 2014
  • Social Media in the Schools – The Legal v. Practical Issues, New York State School Boards Association, October 27, 2014
  • Social Media, New York State Association of School Personnel Administrators, October 20, 2014
  • Big Brother is Watching...But is it Legal? A Review of Current Issues Relating to Background Checks - Panelist, New York State Bar Association, Labor & Employment Law Section, Fall Meeting, September 13, 2014
  • Religious Discrimination, American Conference Institute, August 1, 2014
  • Section 3020-a Proceedings in the Age of APPR, New York State School Boards Association, July 24, 2014
  • Legal Update for School Stakeholders, Mid-Hudson School Study Council, April 10, 2014
  • The Changing Face of School Athletics, New York State School Boards Association, January 9, 2014
  • What Every School Board member Should Know About Litigation, New York State School Boards Association, October 26, 2013
  • Sexual Harassment Involving Faculty Under Title IX, Touro College Jacob D. Fuchsberg Law Center, April 5, 2013
  • Americans with Disabilities Act, Nassau and Suffolk Academies of Law, December 3, 2012
  • Constitutional Issues Related to Supermajority Votes, School Funding and Unfunded Mandates, Mid-Hudson School Study Council, August 3, 2012
  • How Unfunded Mandates and the Tax Cap Jeopardize a Sound Basic Education, Mid-Hudson School Study Council, May 7, 2012
  • Current issues in Employee and Student Discipline, Mid-Hudson School Study Council, May 12, 2012
  • Legal Update -- Legal Implications for Board Members Using Social Media Sites, Orange County School Boards Association, December 7, 2011
  • Hot Topics in Employment Discrimination Law, Nassau and Suffolk Academies of Law, School Law Conference, December 5, 2011
  • Legal Issues in Classroom Assignments and Activities, New York State School Boards Association, October 28, 2011
  • Recent Developments in the Electronic Workplace, New York State Association of School Personnel Administrators, October 19, 2011
  • Discipline for Off-Duty Conduct with an Emphasis on Social Media, Mid-Hudson School Study Council, August 5, 2011
  • Student Free Speech and Religious Opt-Out Issues in Classroom Assignments and Activities, Nassau Association of District Curriculum Officials, February 17, 2011
  • Discipline for Off-Duty Conduct with an Emphasis on Social Media, New York State Bar Association Labor and Employment Law Committee Section Meeting, January 28, 2011
  • Executive Sessions & Emails: What's Public and What's Private, Nassau and Suffolk Academies of Law, School Law Conference, December 6, 2010
  • Protecting Public Funds, New York State Association of School Business Officials, Fall 2010 School Treasurers Workshop - Panel Discussion, October 27, 2010
  • The Electronic Workplace, New York State School Boards Association, October 23, 2010
  • Hypothetical School Law Case Studies, Panel discussion of First and Fourth Amendment Issues, Mid-Hudson School Study Council, August 6, 2010
  • In-House and Firm Sponsored Presentations
  • Howard has presented on numerous topics involving students, such as: discipline; special education; teen pregnancy and suicide; child abuse; student free speech; peer-on-peer harassment; and legal issues involving MySpace, Facebook and Twitter.
  • Howard has also presented on numerous workplace issues such as: conducting workplace investigations; documenting performance; anti-harassment training; protecting trade secrets and enforcing non-compete agreements; and social networking.

  • Long Island Business News, 2017 Leadership in Law Award