Benjamin E. Stockman

Counsel
Stockman Benjamin
Ben Stockman practices in all areas of labor and employment law. Ben has handled a range of legal matters involving wage and hour issues, employment discrimination, equal pay, family and medical leave, disability, and employee discipline and termination. He also handles traditional labor matters, including defending companies in proceedings before the National Labor Relations Board (NLRB). He has a bicoastal practice and advocates for employers in federal and state courts, including preliminary injunctions, trials, appellate practice, depositions, subpoenas, and motions practice. Ben has substantial experience defending clients against employment collective and class actions. 

Ben advises clients in the media and entertainment, higher education, real estate, biotechnology, and healthcare industries, among others. He regularly counsels clients on hiring and termination, executive employment agreements, employment due diligence for M&A transactions, large-scale workforce reorganizations, and employment policies and practices, including employee handbooks and training materials.

Prior to joining Venable, Ben worked for the Office of the Corporation Counsel of the City of New York, as senior counsel in the Labor and Employment Division. In that role, he advised city agencies and pension funds on local, state, and federal employment statutes, including the Fair Labor Standards Act (FLSA), the Health Insurance Portability and Accountability Act (HIPAA), the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), the Family Educational Rights and Privacy Act (FERPA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), Family and Medical Leave Act (FMLA), Title VII, and Human Rights Laws.

Experience

Representative Matters

  • Won summary judgment dismissal of a lawsuit brought by five employees alleging race discrimination against a world-renowned medical college
  • Successfully defended a prestigious university in New York City against an unfair labor practice charge at trial before the NLRB and on appeal in the United States Court of Appeals for the District of Columbia Circuit, ultimately obtaining voluntary dismissal of the charge by the NLRB
  • Won early dismissal of a breach of contract complaint by former student on behalf of a prominent graduate school
  • Defeated an attempt by the California Department of Labor Standards Enforcement to intervene in an action by one of California's largest medical centers to enforce a valid arbitration agreement with one of its employees
  • Defeated an attempt by a labor union to enjoin a workforce reorganization on behalf of the New York City Department of Transportation
  • Won dismissal of parallel federal and state court complaints alleging race and gender discrimination for the New York City Human Resources Administration
  • Negotiated on behalf of a large hospital for dismissal of a state court action challenging the hospital's decision to terminate an employee under the New York State Civil Service Law
  • Counseled managers of a billion-dollar pension fund in implementing a settlement negotiated with the U.S. Department of Justice under the Uniformed Services Employment and Reemployment Rights Act (USERRA)
  • Successfully defended the New York City Police Department in three separate jury trials in the U.S. District Courts for the Southern and Eastern Districts of New York

Insights

Credentials
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Education

  • J.D. Brooklyn Law School 2006
    • Executive Editor, Brooklyn Journal of International Law
  • B.A. University of Vermont 1998

Bar Admissions

  • New York
  • California
  • Massachusetts (inactive)

Court Admissions

  • U.S. Court of Appeals for the D.C. Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Southern District of New York

Clerk Experience

  • Honorable Beverly W. Cutler Third Judicial District, State of Alaska
  • Honorable Michael R. Wilner U.S. District Court for the Central District of California

Professional Memberships and Activities

  • Member, New York City Bar Association, Labor and Employment Law Committee Member 

Languages

  • Spanish

Community
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Pro Bono

  • Provides employment advice and counsel to an internationally renowned nonprofit museum in New York City
  • Counsels nonprofit children's organizations on employment matters
  • Mentored students in a pro bono writing program designed to shrink the learning gap in underserved communities

Volunteerism

  • Member, New York Regional Board, University of Vermont Alumni Association