Anthony A. Mingione
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Anthony Mingione has extensive experience in employment, complex commercial, and ERISA litigation matters. He is a member of Blank Rome's Corporate Litigation and Employment, Benefits and Labor Practice Groups.
Mr. Mingione represents corporate clients in commercial litigation matters involving fraud, breach of contract, shareholder disputes, internal investigations, and bankruptcy. In employment litigation, Mr. Mingione defends companies and fiduciaries in all aspects of employment and ERISA litigation, including discrimination, hostile work environment, workplace tort, breach of fiduciary duty, denial of benefits, withdrawal liability, and nonqualified plan lawsuits.
In addition to his employment litigation work, Mr. Mingione also advises employers to ensure compliance with federal and state employment, labor, and employee benefits laws and regulations, and assists in the negotiation, preparation, and administration of collective bargaining agreements. He is also a member of Blank Rome's Recruiting Committee and a Co-Chair of the Firm's New York office Summer Program.
Mr. Mingione is a frequent speaker at seminars and presentations, including the following recent topics:
- Social Media Policies in the Workplace;
- The ADAAA: The Regulations are Final; Now What?;
- Tip of the Iceberg: The Depths of ERISA Fiduciary Responsibility;
- The Termination Process: An Employer’s Right to Fire and Its Limitations; and
- How to Comply with the New Jersey Civil Union Law.
Before entering private practice, Mr. Mingione served as a judicial law clerk for the Honorable Erminie L. Conley, presiding judge of the Appellate Division of the Superior Court of New Jersey. Prior to receiving his law degree from the College of William & Mary, Mr. Mingione earned a BS in Industrial and Labor Relations from Cornell University.
- Serves as a key member of the firm’s Madoff Task Force, representing clients injured by the failure of Bernard L. Madoff Investment Securities LLC.
- Obtained summary judgment on behalf of an international technology distributor in defense of a $14 million fraud claim arising out of a third party default on a loan agreement with the plaintiff hedge fund.
- Managed a team of nine attorneys in conducting an internal investigation into a shareholder demand for the return of allegedly excessive compensation paid to executives of a Fortune 100 company over a six-year period. The investigation involved reviewing thousands of pages of documents, conducting fifteen witness interviews, retaining and working with outside independent executive compensation consultants, drafting a 206-page final report, and presenting the findings to a special committee of the company’s board of directors.
- Successfully represented three related employers in a Second Circuit appeal from a National Labor Relations Board decision that had permitted undocumented aliens to receive back pay damages in unfair labor practice proceedings.
- Secured summary judgment on behalf of an employer in a former employee’s wrongful termination case, and obtained a $2.2 million award in favor of the employer on a breach of contract counterclaim against the former employee.
- Defended a $50 million class action lawsuit filed by former employees who had participated in a company’s “top hat” plan arising out of the company’s bankruptcy filing and resulting turnover of the plan assets to creditors.
- Achieved a zero-liability settlement on behalf of two ERISA fiduciaries in an action arising out of allegations of employee health plan mismanagement.
- Managed a team of ten attorneys in responding to a New York State Attorney General subpoena into wage and hour issues.
- Successfully defended an employer at the trial court and appellate level in dismissing a class action seeking payment of prevailing wages on projects alleged to be “public works” under the New York Prevailing Wage Law.
- Obtained pre-answer dismissals with prejudice of all ERISA and common law claims in two nationwide class action wage and hour lawsuits.
COMMUNITY SERVICE & AFFILIATIONS
Mr. Mingione is a former member of Blank Rome's Pro Bono Committee and was recognized by the Firm with its "Pro Bono Hero" award in 2010 for his work with Holocaust survivors.