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About Brecher ADR Arbitration and Mediation Services

Philosophy and Approach

Ethan A. Brecher, Esq. on his approach to ADR:

 

“Equity is justice in that it goes beyond the written law. And it is equitable to prefer arbitration to the law court, for the arbitrator keeps equity in view, whereas the judge looks only to the law, and the reason why arbitrators were appointed was that equity might prevail.” — Domke on Aristotle

 

My philosophy as an arbitrator is based on prevailing law, which is, "Quite simply, it can be said that the arbitrator is not bound to abide by, absent a contrary provision in the arbitration agreement, those principles of substantive law or rules of procedure which govern the traditional litigation process. An arbitrator's paramount responsibility is to reach an equitable result, and the courts will not assume the role of overseers to mold the award to conform to their sense of justice." Sprinzen v Nomberg, 46 NY2d 623, 629 [NY Court of Appeals 1979].

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I also believe that Socrates' statement on the qualities a judge should have should also apply to an arbitrator and mediator.  Those include:

  • To listen courteously;

  • To answer wisely;

  • To consider soberly; and 

  • To decide impartially (as an arbitrator).

Experience

Ethan A. Brecher, Esq. is available as an arbitrator on the American Arbitration Association's Employment Arbitration Panel and Consumer Arbitration Panel.   He has participated in dozens of arbitrations and mediations as an advocate since being admitted to the New York bar in 1992.   His practice has been focused over 33 years in representing primarily employees mostly in arbitrations and mediations involving: compensation/breach of contract (bonuses, severance, stock and equity, commissions, crypto) at major securities firms/broker-dealers, hedge funds, tech start-ups, established tech firms and a variety of other concerns; breach of non-compete, non-solicitation and confidentiality agreements; wrongful termination (including breach of contract and common law); defamation and tortious interference in the workplace/employment context; promissory notes signed by employees; regulatory investigations for FINRA rule violations; age and gender discrimination (including sexual harassment and retaliation); workplace disputes (e.g., doctor being investigated for violation of workplace codes of conduct, trader for violating SEC rules that resulted in cancellation of deferred equity compensation, cancellation of compensation due to regulatory investigations); and whistleblower claims under Dodd-Frank/SarbanesOxley. He has defended a hedge fund and start-ups in matters involving breach of contract, claims asserted against employees for breach of non-solicit and confidentiality agreements, and counseled a major hedge fund client on various employment issues involving employee termination. He has filed claims for age and gender discrimination (including harassment and retaliation) under the ADEA and Title VII of the Civil Rights Act at the EEOC; pursued claims for discrimination under the New York State and New York City statutes prohibiting discrimination; filed claims for violations of Section 190 et seq of the New York Labor Law (and similar wage statute claims from other states) involving claims for compensation and compensation discrimination; litigated a wage claim under the New York Labor Law before the NY State Department of Labor; served on the Second Circuit Pro Bono panel and successfully represented an appointed client on a Title VII claim on appeal; represented employees in investigations conducted by FINRA involving violations of FINRA's rules. Mr. Brecher obtained a significant favorable outcome in federal appellate litigation concerning judicial review of an arbitration award in Gherardi v Citigroup Glob. Markets Inc., 975 F3d 1232 [11th Cir 2020] (language in employment contract with arbitration clause was open to interpretation, and therefore court had to defer to decision of arbitration panel to award nearly $4mm in damages against employer).

Experience

NYU School of Law (J.D., Annual Survey of American Law, Articles Editor - 1991);

Cornell University (B.A., cum laude, History – 1988).  

Admitted to the Bar: New York (1992),

Connecticut (1991);

Various Federal District Courts and Appellate Courts; US Supreme Court (1996).

Legal Work History

Owner, Law Office of Ethan A Brecher LLC, 2012 - Present.

Partner/Associate, Liddle & Robinson LLP, 1991 - 2012.

Student Intern, U.S Attorney's Office SDNY, Civil Division, 1991.

Summer Law Clerk, USDJ SDNY Mary Johnson Lowe, 1990.

Summer Law Clerk, NYS Attorney General's Office Investor Protection Bureau, 1989.

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