Matthew T. Miklave

Partner

  • Overview

    Biography

    Matthew Miklave has over three decades of experience as a labor, employment, and civil rights attorney, and he has served as a litigator, counselor, and contract negotiator throughout his career. He is a member of the firm’s Labor, Employment, Benefits + Immigration Group.

    Labor, Employment, and Civil Rights

    For over thirty years, Mr. Miklave has represented employers and management in all areas of employment, civil rights, and traditional labor law, including issues arising under federal and state anti-discrimination and anti-retaliation statutes; non-compete agreements and other post-employment restrictions; wage and hour investigations and litigation; multi-employer pension plan withdrawal liability and administration; collective-bargaining negotiations, administration and enforcement proceedings; corporate restructurings, reorganizations and plant closings; and employment practices and policies.

    Among other precedential matters, Mr. Miklave represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action cannot be brought based on the breach of an employment handbook when that handbook contains a disclaimer (Lobosco v. NYNEX). He successfully defended the County of Westchester before the Southern District of New York and the Second Circuit Court of Appeals in a case involving Constitutional claims arising from the criminal arrest and “Perp Walk” of correction officers (Caldarola v. County of Westchester). He also successfully represented the Hertz Corporation and Hertz Equipment Rental Corporation in a lawsuit seeking to enforce the post-employment restrictions of its former employees, a case resulting in a six-figure settlement in favor of the plaintiff companies (Hertz Corp. and Hertz Equipment Rental Corp. v. Mummendey, Ercolano and Ahern Equipment Rental Corp.)

    Labor and Employment Relations

    Mr. Miklave represents employers and management in labor relations matters. He serves as lead labor negotiator for a Fortune 50 corporation; defends employers before state and federal trial courts and administrative agencies; and advises employers on all aspects of employee relations and human resources matters.

    Prior to joining Robinson+Cole, Mr.  Miklave was a partner with a national employment law firm based in New York City and Stamford, Connecticut. He also served as counsel to the National Labor Relations Board, in Washington, D.C.; as trial attorney to the NLRB's Regional Office in Brooklyn, New York; and as hearing officer in numerous union-management representation matters.

    Mr. Miklave regularly lectures nationally and internationally on a variety of employment, labor, and civil rights-related topics. Along with two other Robinson+Cole lawyers, Mr.  Miklave authors the Manufacturing Law Blog, one of the first blogs in the country to address legal issues facing manufacturers and distributors. He is on the adjunct faculty of LawLine.com, an online provider of continuing legal education programs.

    Mr. Miklave has been recognized by LawDragon.com and Human Resources Executive Magazine as the “Nation’s Top 100: Powerful Employment Attorneys” (2010-2017). He has been listed in The Best Lawyers in America© in the area of Employment Law - Management and Labor Law - Management since 2011 and in Connecticut Super Lawyers® in the area of Employment & Labor for 2015 and 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)

  • Experience
    • Experience

      Experience

      • Successfully obtained temporary restraining order, preliminary injunction and permanent injunction on behalf of a national equipment rental company, preventing a former employee from using confidential data downloaded in connection with his resignation and employment with a competitor.

      • Successfully defended county board of elections in a challenge to the accessibility of hundreds of polling sites throughout the county in advance of a United States Presidential election.

      • Successfully represented Fortune 50 corporation in an investigation into data theft by former employees hired by a competitor, resulting in the termination of five employees by the competitor.

      • Represented a Fortune 50 corporation in a nation-wide litigation before the National Labor Relations Board challenging over 20 different employment policies.

      • Represented municipal government in defense of a multi-million dollar action under the federal False Claims Act.

      • Successfully represented car rental company before the National Labor Relations Board seeking to exclude statutory “guards” from the bargaining unit sought by the labor organization. 

      • Successfully represented two private individuals in litigation challenging wages paid to a domestic worker under federal and state law.

      • Successfully represented private insurance brokerage agency in defense of a wage and hour action brought by a broker under federal and state law.

      • Represented the NYNEX Corporation and New York Telephone Company before the New York Court of Appeals in a case establishing that a breach of contract action cannot be brought based on the breach of an employment handbook when that handbook contains a disclaimer.

      • Successfully defended the County of Westchester before the Southern District of New York and the Second Circuit Court of Appeals in a case involving Constitutional claims arising from the criminal arrest and “Perp Walk” of correction officers.

      • Successfully represented the Hertz Corporation and Hertz Equipment Rental Corporation in a lawsuit seeking to enforce the post-employment restrictions of its former employees, a case resulting in a six-figure settlement in favor of the plaintiff companies.

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    • Professional Associations

      Professional Associations

      American Bar Association

      New York State Bar Association

      Connecticut Bar Association
    • Honors + Awards

      Honors + Awards

      Listed in The Best Lawyers in America© in the area of Employment Law - Management and Labor Law - Management since 2011

      Listed in Lawdragon as one of the Top 100 of "The Nation's Most Powerful Employment Attorneys," published in Human Resource Executive magazine from 2010 to 2016

      Listed in Connecticut Super Lawyers® in the area of Employment & Labor for 2015 and 2016 (Super Lawyers is a registered trademark of Key Professional Media, Inc.)
       

    • Community Involvement

      Community Involvement

      Norwalk City Council
      Representative (2001 - 2007)
      Representative (2011 - 2013)
      Chair, Planning Committee (2001 - 2007)
      Chair, Planning Committee (2011 - 2012)
      President (2002 - 2003)
  • NEWS + PRESS
    • Publications

      Publications

      "Prelitigation Steps for Trade Secret and Noncompete Cases," published in Lexis Practice Advisor, co-authored with Ian T. Clarke-Fisher and Sandra Marin Lautier (9/27/2016)
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      "Employment Law: Workplace Claims Inevitable Under Medical Marijuana Act," published in Connecticut Law Tribune (7/29/2014)

      "Does the Supreme Court’s Ricci Decision Imperil Diversity Programs?" published in Diversity & the Bar (2/1/2010)
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      "Employee Free Choice Act: Reexamining the Duty to Bargain," published in New York Law Journal (5/8/2009)

      "What Every In-House Counsel Needs to Know About the Employment Issues Affecting Mergers, Reorganizations, and Restructurings: What You Don’t Know Can Hurt You," (November 2004)

    • Presentations

      Presentations

      "Labor and Employment Issues Facing Manufacturers," National Business Institute (NBI) webinar "Manufacturing Law" (12/15/2016)
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      "New York City and State Employment Law: Recent Developments," presented at Robinson+Cole's New York City office, co-presented with Ian T. Clarke-Fisher, Katherine C. Glynn and Laura A. Torchio (10/23/2014)
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      "An Overview of the New York State and City Human Rights Law," presenter of online CLE webinar (produced 8/22/2014); now available through Lawline.com for On Demand viewing

      "U.S. Labor and Employment Implications of International Business Transactions," presenter of online CLE webinar (produced 7/23/2014); now available through Lawline.com for On Demand viewing

    • News

      R+C in the News

      • January 17, 2017

        Robinson+Cole Lawyers Participate in NBI Manufacturing Law Webinar

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      • October 14, 2016

        Robinson+Cole Lawyers Write Article for Lexis Practice Advisor

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      • June 18, 2015

        Matt Miklave Again Named as Top 100 Corporate Employment Lawyer

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      • November 21, 2014

        New York Lawyers Present New Developments in New York City and State Employment Law

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      • September 2, 2014

        Matthew Miklave Presents Webinar on New York Human Rights Law

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      • August 26, 2014

        Matthew Miklave Presents Webinar on Implications of International Business Transactions

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      R+C News Releases

      • August 15, 2017

        Fifty-Nine Robinson+Cole Lawyers Listed in The Best Lawyers in America© 2018

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      • October 18, 2016

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 15, 2016

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2017

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      • October 19, 2015

        Robinson+Cole Lawyers Recognized by Super Lawyers®

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      • August 18, 2015

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in The Best Lawyers in America® 2016

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      • September 2, 2014

        Matthew Miklave Named One of “The Nation’s Top 100 Most Powerful Employment Attorneys”

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      • August 19, 2014

        Robinson+Cole Receives Top Listing in Connecticut Lawyer Count in Best Lawyers National Peer Review Survey

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      • May 15, 2014

        Robinson+Cole Boosts Metro New York Employment Practice with Addition of 30-Year Labor Pro

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