Teresa M. Biviano

Associate
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Teresa Biviano focuses her practice on litigation and counseling for employment and labor matters. Teresa has experience litigating and advising in the education, nonprofit, and hospitality industries, among others, and with conducting internal investigations related to personnel issues and Title IX matters.

She has provided compliance-related counseling on issues concerning the Family Medical Leave Act (FMLA); Fair Labor Standards Act (FLSA); Family Educational Rights and Privacy Act (FERPA); Title IX and Title VII of the Civil Rights Act of 1964; Americans with Disabilities Act (ADA); as well as other federal and New York state and city laws.

Teresa's practice in the education sphere is informed by four years of professional experience in higher education administration. Her work as the assistant director of a law school's registrar's department included managing data and student record confidentiality matters related to FERPA; policy and curriculum; student educational record files; and academic counseling.

During law school, Teresa represented clients as a student-attorney in the Civil Rights Clinic at the Institute for Public Representation. She also has experience with state and local workplace policy initiatives while working as a legal intern at a DC nonprofit advocacy organization for women and families.

Teresa also served as managing editor of The Georgetown Journal of Legal Ethics during law school, and she is published there.

Experience

Representative Matters

Teresa’s work for firm clients has included:

  • Successfully obtaining a default judgment and a damages award for a client in a breach of contract action in New York State Supreme Court
  • Winning dismissal of an Occupational Safety and Health Administration (OSHA) complaint before the Department of Labor’s Office of Administrative Law Judges
  • Winning arbitration awards securing favorable contract interpretation and dismissal of employee grievances on behalf of a unionized educational institution
  • Conducting investigations for educational institutions involving allegations of sexual misconduct and violations Title IX, and assisting with ensuring legally compliant complaint resolution
  • Conducting an internal investigation and drafting an investigation report for a government nonprofit in connection with employee complaints and allegations that a supervisor created a hostile work environment
  • Drafting submissions on behalf of an educational institution in New Jersey, resulting in the dismissal and successful opposition to appeal of dismissal for a complaint involving allegations of breach of contract, negligence, and discrimination
  • Assisting with drafting successful motions for dismissal of complaints against a New York hospital and a higher education institution involving allegations of employment discrimination and breach of contract
  • Assisting the negotiation of a collective bargaining agreement for a unionized educational institution
  • Advising and drafting domestic worker agreements on behalf of high-profile clients in New York City
  • Advising a national higher education-related client on state and federal anti-discrimination laws and university admissions regulations
  • Advising a California entertainment nonprofit on state and federal law and best practices regarding internship and diversity hiring
  • Representing nonprofit and private sector clients in connection with administrative fines related to New York State Workers’ Compensation and Unemployment Insurance laws
  • Representing a large mining company in parallel state litigation and Department of Labor matters
  • Defending private educational institutions in state and federal court actions involving various negligence, contract, and discrimination claims, including drafting motions for dismissal and summary judgment
  • Defending food industry clients from complaints involving federal and state wage and hour claims and public accommodation complaints under the Americans with Disabilities Act (ADA)
  • Drafting employee handbooks for nonprofits and professional organizations, and assisting with preparation of new policies for educational institutions related to COVID-19

Insights

Credentials
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Education

  • J.D. Georgetown University Law Center 2018
    • The Saint Thomas More Award recipient
    • Managing editor of operations, The Georgetown Journal of Legal Ethics
    • Dean's List
    • Student attorney, Civil Rights Clinic at the Institute for Public Representation
  • B.A. Public Relations and Advertising summa cum laude Chapman University 2011

Bar Admissions

  • New York

Court Admissions

  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Community
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Pro Bono

  • Active in Venable's Pro Bono program
  • Represented pro bono clients in connection with unemployment insurance matters
  • Assisted in successfully securing asylum for an applicant on the basis of sexual-orientation persecution