“Integrity is doing the right thing even if nobody is watching.”

About 

WAYNE N. OUTTEN is Chair and Founding Partner of Outten & Golden LLP. He was the Managing Partner from the founding of the firm in 1998 until the end of 2018. His practice focuses exclusively on representing individuals in employment and partnership law. He co-chairs the firm’s Executives and Professionals Practice Groups.

Mr. Outten’s practice during the last twenty years on representing high-level employees and professionals in all aspects of their employment, including negotiation of employment, compensation, and severance agreements. That practice includes representing employees in multinational employment contexts, including expatriate and seconded employees. He is the author of the book The Rights of Employees (1984 and 1994) and of the “Representing the Executive” chapter in Executive Compensation (Bloomberg), in addition to many dozens of articles, papers, columns, and other book chapters.

Mr. Outten’s notable cases include: a recovery of more than $12 million in a gender discrimination/retaliation case against Morgan Stanley in federal court; an $18.9 million arbitration award in a breach of contract case against Deutsche Bank (with partner Larry Moy); and a $71.5 million arbitration award under a profit participation plan against another international bank – perhaps the largest arbitration award in an employment case (with partners Larry Moy and Tammy Marzigliano).*

Mr. Outten has received many awards and honors during his career, including the Lifetime Achievement Award in 2023 from the New York State Bar Association Labor & Employment Law Section.  He has been selected by his peers as one of the “Best Lawyers in America” every year since 1987 and as one of New York’s Super Lawyers, where he is listed as one of the Top 100 New York Metro Super Lawyers every year since 2006. Best Lawyers designated him “Lawyer of the Year 2010” for Labor and Employment Law – New York City and “Lawyer of the Year 2012” for Litigation – Labor and Employment in New York City. He was selected for the Lawdragon 500 Leading Lawyers in America every year since 2005, the Lawdragon 500 Leading Litigators in America in 2006, the Lawdragon 500 Plaintiff Employment Lawyers in 2018, and the Lawdragon 500 Hall of Fame in 2020.  He has been an AV Preeminent Rated Lawyer in the LexisNexis Martindale-Hubbell Top Rated Lawyers since 1992.

Mr. Outten has held leadership positions in numerous employment-related bar associations during the past 40+ years, including the following: the National Employment Lawyers Association (founding director in 1985 and board member for 11 years); the National Employment Lawyers Association of New York (founder in 1986 and president for 15 years); the American Bar Association’s Section of Labor & Employment Law (Chair of the Section, Council Member for many years, chair/co-chair of many administrative and standing committees, and member since 1983); the New York State Bar Association Labor & Employment Law Section (executive committee member for more than 20 years and member since 1982); and the College of Labor & Employment Lawyers (founding director in 1995 and board member for four years).

In addition, Mr. Outten was a co-founder in 1993 of Workplace Fairness, a charitable/educational organization, and is its current president and he was a co-founder and remains co-chair of the Lawyers International Network for Employees and Executives (LINEE).  

Mr. Outten was a law clerk for U.S. District Court Judge Gus J. Solomon, District of Oregon (1974-76), and was an instructor at the NYU School of Law (1976-1978). He was an associate and then a partner at Lankenau Kovner & Outten, LLP (1979-1998).  He received his B.S. from Drexel University in 1970 and his J.D. from New York University School of Law in 1974, where he was an Arthur Garfield Hays Civil Liberties Fellow.

(*Prior results do not guarantee a similar outcome.)

Bar Admission and Professional Activity
  • Mr. Outten was admitted to the New York bar in 1979. He is also admitted to practice law in Maryland.
  • Mr. Outten is admitted to the following federal courts (among others): The Supreme Court of the United States; the United States District Courts for the Southern District of New York; and Eastern District of New York; and the United States Court of Appeals for the Second Circuit.
  • Founding member of the Executive Board of the National Employment Lawyers Association (NELA) in 1985 and served on its Board for more than 11 years.
  • Founded the New York affiliate of NELA in 1986 and was its president for more than 15 years.
  • Founding Governor of the College of Labor and Employment Lawyers (1996-2003).
  • Served as Chair of the Section of Labor and Employment Law of the American Bar Association (2015-2016), served on the Section’s Council (2000-2008), is liaison to the Section Outreach to International Lawyers Committee, was Employee co-chair of both the International Labor & Employment Law Committee and the Employment Rights and Responsibilities Committee, was Liaison to the Section’s Standing Committees on Employment Rights and Responsibilities and Pro Bono Work, and was liaison to and/or co-chair of numerous other Section Administrative Committees and Task Forces.
  • Employee co-chair of the both the International Labor & Employment Law Committee and the Employment Rights and Responsibilities Committee.
Video & Podcasts

July 2, 2018

Wayne N. Outten, managing partner of Outten & Golden LLP, speaking about the firm, and the work we do.

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March 28, 2018

Wayne Outten Explores Outten & Golden’s Labor Law Expertise, Covering Both Individual and Class Action Practices

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Speaking Engagements

Mr. Outten has lectured extensively on employment law, especially on negotiation, mediation, and arbitration of employment disputes, on employment and severance agreements, and on retaliation and whistleblower claims.

2021

  • Co-moderator: “2020: The Great Disruptor: The Future of Work, the Workplace, and the Workforce,” College of Labor & Employment Lawyers, Webinar
  • Panelist: “Workplace Disputes Panel: Best Practices for Managing Remotely – Avoiding Workplace Disputes,” CPR: International Institute for Conflict Prevention & Resolution, 2021 Annual Meeting

 

2020

  • Speaker: “The Movement to Diversify Corporate Boards and How to Position Yourself for a Directorship,” Labor & Employment Law Section of the American Bar Association, 14th Annual Labor and Employment Law Conference
  • Panelist: “Managing Partner Conference Series: Managing Partner Response to COVID-19,” Managing Partners’ Forum of the New York State Bar Association
  • Commentator: “Persuasive Oral Advocacy,” National Employment Lawyers Association/New York, Webinar

 

2019

  • Moderator: “The C-Suite, The Board and The Glass Ceiling for Women: What Are Multi-National Companies Doing?,” American Bar Association Section of Labor & Employment Law International Labor and Employment Law Committee, Midyear Meeting, Buenos Aires, Argentina
  • Panelist: “Managing Partner Roundtable | Developing a Culture of Attorney Satisfaction,” New York State Bar Association, Law Practice Management Committee Annual Meeting, New York City

 

2018

  • 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, Milan, Italy
  • Speaker: “Employees’ Lawyer’s Perspective: Resolving Highly Emotional Workplace Complaints and Claims,” Practising Law Institute, Program on Psychological Issues in the Workplace, New York, NY

 

2017

  • Panelist: “Representing Highly Compensated Employees,” Maryland Employment Lawyers Association, Annual Conference, Greenbelt, MD
  • Speaker, Moderator: “Not Just Plain Vanilla: Creative Settlement Terms in Employment Disputes,” National Employment Lawyers Association, NELA Annual Convention, San Antonio, TX

 

2016

  • Moderator: “Deferred Compensation Issues in Negotiating Severance Agreements,” National Employment Lawyers Association, NELA 2016 Annual Convention, Los Angeles, CA

 

2015

  • Moderator: “Independent Contractors and Interns, “Zero-Hours” Contracts and Just-in-Time Scheduling: Organizing, Representing and Bargaining with Precarious Workers,” American Bar Association Section of Labor & Employment Law, International Labor and Employment Law Committee Midyear Meeting, Barcelona, Spain
  • Panelist: “Navigating International Labor and Employment Issues in Corporate Transactions: Know the Issues; Consult the Experts,” Law Education Institute, National CLE Conference, Vail, CO
  • Keynote Speaker: “Employment Lawyer as Problem Solver,” Connecticut Bar Association, Labor & Employment Law Section, Hartford, CT
  • Moderator: “Pay and Leave,” U.K. Employment Lawyer Association and ABA Labor & Employment Law Section International Committee, Fourth TransAtlantic Conference, London, England
  • Panelist: “The New Restatement of Employment Law,” National Employment Lawyers Association, NELA Convention, New York, New York

 

2014

  • 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, Tel Aviv, Israel
  • Speaker: “The New Restatement of Employment Law: Its Strengths, Weaknesses & Ambiguities,” National Employment Lawyers Association, 2014 Annual Convention: Blazing the Trail, Courage, Challenge, Change, Boston, MA
  • Speaker: “International Issues to be Aware Of,” Law Education Institute, National CLE Conference, Vail, CO
  • “Negotiating Non-Monetary Terms—Employment Settlement Agreements,” American Bar Association Labor & Employment Law Section, ABA Labor & Employment Law Section, Webinar

 

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, Miami Beach, FL
  • Panelist: “Hofstra Labor & Employment Law Journal 30th Anniversary Reception and Symposium,” Hofstra, Arbitration and Mediation in Labor and Employment Law, New York, NY
  • Panelist: “Compensation and Discrimination/Equal Pay Issues in the Financial Services Sector,” ELA, Third Transatlantic Conference, London, England
  • 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, inclu,” ELA, Third Transatlantic Conference, London, England

 

2012

  • Co-Presenter: “Negotiating Executive Severance Agreements,” American Bar Association Premiere, Webinar
  • Panelist: “Arbitration and Mediation in labor & Employment Law,” Hofstra, Hofstra Labor & Employment Law Journal’s 30th Anniversary Symposium, New York, NY
  • Panelist: “2011 A Year in Review, HR’s Biggest Challenges,” Five O’Clock Club, New York, NY
  • Panelist: “The Lawsuit Seesaw: U.S. Discrimination vs. European Unfair Dismissal,” Law Education Institute, Aspen, CO

 

2011

  • Panelist: “Employment Agreements for Employees and Independent Contractors,” ABA Labor & Employment Section, Annual CLE Conference, Seattle, WA
  • Moderator: “Alternative Fee Arrangements from Different Countries,” ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee, Midwinter Conference
  • Panelist: “A Pragmatic Approach to Mediation by Litigators for Litigators,” New York City Bar Association, New York, NY
  • Panelist: “Law Firm Partnership Issues,” NELA/NY Conference, NELA/NY Conference
  • Moderator: “Employment Agreements 101,” NELA, Annual Convention
  • Moderator: “Employment Discrimination Laws: EU and US Perspectives,” ABA Labor & Employment Law Section, International Labor & Employment Law Committee
  • Lecturer: “Taxable Damages in Employment Cases,” Non-Qualified and Attorney Fee Structures Conference
  • Moderator: “A Comparison of How Litigation is Handled Outside the U.S.,” ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee, Midwinter Conference

 

2010

  • Lecturer: “Arbitration Under Attack: The Future of ADR,” CPR Institute for Conflict Prevention & Resolution, 2010 Annual Meeting – Global ADR: The New Reality
  • Lecturer: “We Don’t Do Things That Way Here Stranger: International Practice Gotcha’s,” Law Education Institute – Labor & Employment Law
  • Lecturer: “Supreme Court Developments in Employment Law in 2010: What You Need to Know in This Changing Landscape,” New York City Bar Association
  • Lecturer: “Skills for Alternative Dispute Resolution,” Practising Law Institute, Bridge-The-Gap II for Newly Admitted Attorneys
  • 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
  • Lecturer: “Strategies for Meeting Diversity Goals in the Legal Profession,” ABA, Labor & Employment Law Section, Employment Rights & Responsibilities Committee
  • Lecturer: “Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law: “Moving Towards the Future,”,” Hofstra Law School

 

2009

  • Lecturer: “Protecting Your Rights as an Administrator Under the Law,” Association of Legal Administrators
  • Lecturer: “Why Diversity Matters: Not Just Talking But ‘Walking the Walk’,” National Employment Lawyers Association, Annual Convention
  • Lecturer: “Dealing with the International Employee,” Colorado Bar Association, National CLE Conference
  • Lecturer: “The Employment ‘Pre-Nuptial’ – Counsel Go Head to Head Over Non-Competition, Confidentiality and other Restrictions on Employees,” Upper Midwest Employment Law Institute, Saint Paul, MN
  • Lecturer: “Mediation Advocacy: the Perspective of Employee’s Counsel,” National Employment Lawyers Association, New Jersey
  • Lecturer: “Crucial Strategies in Negotiating Employment and Separation Agreements,” ABA Labor & Employment Section, Annual CLE Conference
  • Lecturer: “The Divorce Wars – When the Departing Employee Leaves with Trade Secrets, Employees, and other Valuable Corporate Assets,” Upper Midwest Employment Law Institute, Saint Paul, MN
  • Lecturer: “Litigation Strategy: Plaintiffs’ Counsel, A Moderated Discussion,” Practising Law Institute, 38th Annual Institute on Employment Law
  • Co-Producer & Discussion Leader: “UK Employment Lawyers Association,” Labor & Employment Law Conference, London, England
  • Lecturer: “Regulating Executive Compensation,” New York University School of Law, New York, NY
  • Lecturer: “The Role of Courts in Policing Professionalism,” ABA Labor & Employment Section, Committee on Ethics and Professionalism
  • 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
  • Lecturer: “Workplace Issues in the Current Economic Climate and the Role of Dispute Resolution,” Association of Conflict Resolution of Greater New York
  • Lecturer: “Executive Employment Agreements & Executive Compensation,” National Employment Lawyers Association/New York, New York, NY

 

 

 

Blogs & Publications

Recent Amendments to New York’s Retaliation Laws Expand Whistleblower Protections and Encourage Employees to Speak Up

New legislation enhances New York’s antiretaliation protections for current and former employees and independent contractors.

How Videoconferencing Has Become Part of the “New Normal” in the Practice of Law

The COVID-19 pandemic is a worldwide crisis of epic proportions. It has created enormous challenges, some of which are apparent, such as health and economic impacts that are without equal in our lifetimes. More challenges undoubtedly await us, some of which we may not…

Recent Legislative and Regulatory Developments in U.S. Executive Compensation

Executive compensation trends in the United States are affected by a network of interrelated factors, including legal and regulatory requirements, market and cultural trends, and shareholder pressures. C-suite and senior executives should know the significant roles that securities and tax laws play in compensation structures.

McDonald’s “Clawback” Lawsuit Against Former CEO Is the Latest to Shine a Light on Questionable Executive Compensation Practices

McDonald’s is seeking the return of the $42 million severance package that its former CEO received upon his departure, claiming it should be returned to the company because he lied, concealed evidence, and committed fraud relating to his termination from the company. Disputes over executive compensation or bonuses rarely end up in court. But the McDonald’s lawsuit is the latest in a series of such cases, including shareholder derivative lawsuits involving recognized companies, that have made their way to the courtroom, with mixed results.

Kathleen Peratis Reflects on Ruth Bader Ginsburg, Gender Equality Advocate

The entire Outten & Golden family was saddened to hear about the death of U.S. Supreme Court Justice Ruth Bader Ginsburg, but no one more than our partner Kathleen Peratis, a close friend of Justice Ginsburg.

Kathleen served as the director of the ACLU Women’s Rights Project from 1975 to 1979, during which she fought alongside Ginsburg on the gender discrimination cases the ACLU took to the Court. Of the six appeals Ginsburg argued before “the brethren,” she won five.

Recent Trends in Executive Compensation in the United States

Financial Reform Includes New Employee Whistleblower Protections, According to Outten & Golden LLP

The Employment Lawyer As Problem Solver

Wayne N. Outten, Managing Partner at Outten & Golden LLP, discusses the role of an employment lawyer as a problem solver. NELA Nite, June 8, 2016

Representing the Executive

Wayne N. Outten, Chapter 16 in Executive Compensation, BNA Books, 2002 and 2011. 

Working with the Equal Employment Opportunity Commission

Wayne N. Outten and Piper Hoffman, Employee Rights and Employment Policy Journal, Vol 10, No. 2, Winter 2006.

Clients: To Whom Do They Belong?

Employment attorney, Wayne N. Outten, with Douglas C. James, discusses the ethical obligations of law firms and departing partners and how they must handle this situation in a way that is consistent…

Mediation Advocacy: An Employees’ Attorney Perspective

Employment attorney Wayne N. Outten, Georgetown University Law Center, CLE, Employment Law and Litigation Institute: Legal Trends and Practice Strategies, Thursday-Friday, April 15-16, 2004, Washington, DC.

This paper addresses negotiation approaches and dispute…

Developments In Harassment Law: Update For 2002-2003

Wayne N. Outten and Piper Hoffman, the 20th Annual Upper MidWest Employment Law Institute, May 28-29, 2003, St. Paul, MN.

The standard for employer liability depends on whether the harasser was a co-worker…

When Your Employer Thinks You Acted Disloyally: The Guarantees And Uncertainties Of Retaliation Law

Wayne N. Outten, Scott Moss and Piper Hoffman, April 1, 2003

Extensive statutory and case law prohibits various forms of employer retaliation against employees who engage in legally proper, necessary, or desirable activities….

Mediation Of Employment Disputes

Excerpt from “Chapter 16. Representing the Executive” by Wayne N. Outten, appearing in Executive Compensation, editors Yale D. Tauber and Donald R. Levy, copyright © 2003 The Bureau of National Affairs, Inc….

Handling Disputes Involving Current Employees

Excerpt from “Chapter 16. Representing the Executive” by Wayne N. Outten, appearing in Executive Compensation, editors Yale D. Tauber and Donald R. Levy, copyright © 2003 The Bureau of National Affairs, Inc….

Employment Agreements – Negotiating Employment Agreements

Excerpt from “Chapter 16. Representing the Executive” by Wayne N. Outten, appearing in Executive Compensation, editors Yale D. Tauber and Donald R. Levy, copyright © 2003 The Bureau of National Affairs, Inc. Reprinted by permission….

Awards & Recognition
  • 1987-2024: Best Lawyers in America (Recognized 33 consecutive years)
  • 2019-2021: Legal 500 United States Recommended Labor and Employment Lawyer
  • 2023: Lawdragon 500 Civil Rights & Plaintiff Employment Lawyer
  • 2014-2015: Intercontinental Finance Magazine ICFM 500 Leading Lawyers
  • 2006-2014: Top 100 New York Super Lawyers
  • 2006-2023: Super Lawyers – Super Lawyer
  • 2023: New York State Bar Association Labor and Employment Law Section Lifetime Achievement Award
  • The International Who’s Who of Management Labour & Employment Lawyers 2011 (only employee-side attorney in U.S.)
  • 2011 Honoree, at Fifth Anniversary Celebration of A Better Balance
  • 2010: Award for Pro Bono Assistance, Legal Services NYC
  • 2010: Public Interest Award of the Public Interest Law Student Association, CUNY School of Law
  • 2010 Samuel M. Kaynard Award for Excellence in the Field of Labor & Employment Law, Hofstra Law School
  • 2010: Distinguished Community Leader Award, CUNY School of Law
  • 2010: Partner in Justice Award, MFY Legal Services, Inc.
  • 2009: The ALMO (Alumni of the Month), New York University School of Law
  • 2008: Distinguished Alumnus, LeBow College of Business, Drexel University
  • 2020: Lawdragon 500 Hall of Fame
  • 2018-2021: Lawdragon 500 Leading Plaintiff Employment Lawyers
  • 2005-2019: Lawdragon 500 Leading Lawyers in America
  • 2006: Lawdragon 500 Leading Litigators in America
  • 2015: Lawdragon Legend (one of 50 in U.S.)
  • 2001: Award for Dedicated Service, National Employment Lawyers Association/New York Affiliate
  • 2014: Social Justice Leadership Award, The Ethical Humanist Society of Long Island
  • 2015: Award as Founding Leader (30th Anniversary), National Employment Lawyers Association
  • 1996: Fellow, College of Labor & Employment Lawyers

 

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