Friday, May 16, 2008
Dedication. Experience. Results.


Contact Information
Phone: 973.623.1000
Fax: 973.623.9131
Email: dmotzenbecker@podvey.com

Practice Areas
Employment LawComplex and Commercial Litigation
Location
Newark, NJ
Douglas E. Motzenbecker
Director

Undergraduate
Muhlenberg College, 1982

Law School
Vermont Law School, 1985

Doug Motzenbecker has developed an active litigation practice emphasizing labor, employment, insurance coverage, securities, and other complex litigation. Doug defends management exclusively in employment discrimination actions (age, gender, race, sexual orientation, sexual harassment, and related cases) in state and federal court, and before the Equal Employment Opportunity Commission and state civil rights agencies. He counsels employers on compliance with Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, the Family and Medical Leave Act, ERISA, and other employee rights matters, and with respect to restrictive covenants reductions-in-force, employee handbooks, and other statutory and common law obligations affecting management. He also defends securities fraud and other Complex Commercial Litigation.

Doug is an Associate Editor of Litigation News, a publication of the American Bar Association's Section of Litigation, is a Leader of the Section of Litigation, and writes six to eight articles each year on subjects in his practice areas. He regularly attends Section meetings and leadership functions. Doug has been a Barrister in the William J. Brennan, Jr., Essex Inns of Court, and participates with other leading members of the bar in monthly meetings focusing on pretrial procedure and trial practice. Doug has presented several lectures on ERISA, employment practices liability, and insurance matters. His ERISA seminar format has been accredited by the New York State Board of Continuing Legal Education.

Doug is admitted the state and federal bars of New Jersey, the United States Court of Appeals for the Third Circuit, the United States Court of Appeals for the District of Columbia Circuit, and the state courts of New York.

Notable Publications
Litigation News
SEC Will Defer Enforcement Actions Against Self-Correcting Violators
March, 2002

Litigation News
Court's Docket of Employee Rights Cases Is Heavier Than Usual
January, 2002

Labor Lawyer
Recent Developments Affecting Cash Balance Pension Plans
November, 2001

Litigation News
Court Adopts Strict Test For Punitive Damage Awards - But Rejects Abuse Of Discretion Standard In Favor Of De Novo Review
September, 2001

Litigation News
Employment Disputes Are Subject To Arbitration - Ruling Expected To Favor Employers
July, 2001

Litigation News
ADA Claims May Not Be Asserted Against States - Eleventh Amendment Jurisprudence Continues To Expand
May, 2001

Litigation News
ADA Can Trump Workplace Seniority System - Seniority May Not Excuse Duty to Accomodate
March, 2001

Litigation News
Supreme Court Amends Key Provisions of the Federal Rules of Civil Procedure - Amendments Trump Local Rules and Limit Depositions
November, 2000

Litigation News
Justices Clarify Burden-Shifting Framework In Discrimination Suits - Court Rejects "Pretext-Plus" Theory
September, 2000

Litigation News
Pitfalls of Preparing a Former Employee For a Deposition - Court Orders Witness to Answer Certain Questions About Deposition Preparation
July, 2000

Litigation News
Two Courts Refuse To Protect Self-Critical Analysis - Can The Privilege Find Solid Ground?
March, 2000

Litigation News
Circuits Split on HMO Tort Immunity - Will Congress or the Supreme Court Change the Rules?
January, 2000

Litigation News
Letting Jurors Join The Fray - Courts Increasingly Permit Jurors to Question Witnesses, But Urge Caution
November, 1999

Litigation News
Higher Bar For Title VII Punitive Damages
September, 1999

Litigation News
McCarran-Ferguson Act Does Not Block RICO Actions Against Insurers
May, 1999

Litigation News
Defense Attorneys May Have Duty To Ask Whether Client Has Insurance Coverage
January, 1999