About David I Rosen

David I Rosen is a lawyer practicing employment and labor, health care, international and 3 other areas of law. David received a B.A. degree from Tufts University in 1974, and has been licensed for 48 years. David practices at Sills Cummis & Gross P.C. in Newark, NJ.

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Services

Areas of Law

Health Care
Litigation
Other 4
- Employment and Labor
- International
- U.S. Cross Border
- Restrictive Covenant, Trade Secret and Unfair Competition

Practice Details

Firm Information

Position
Member

Firm Name
Sills Cummis & Gross P.C.
Representative Cases & Transactions

Cases
Representative Matters: Newman v. Pall Corporation, No. 1:12-cv-00654 (D. MD. 2013). District court granted defendant's motion for summary judgment, dismissing in its entirety plaintiff's disability discrimination claims arising under the Americans with Disabilities Act
Maryl
human rights law. Court reasoned that because plaintiff was unable to perform the essential functions of his full-time job, with or without a reasonable accommodation, he was not a qualified individual with a disability within the meaning of the ADA.
Workneh v. Pall Corporation, No. 2:10-cv-03479 (E.D.N.Y. 2012). District court granted defendants' motion for summary judgment, dismissing in their entirety plaintiff's promotional
compensation race discrimination
retaliation claims arising under Title VII of the Civil Rights Act of 1964, as amended.
Partners Pharmacy Services, LLC v. Halbert, Docket No. C-72-09 (NJ Superior Court, Union County, 2012): Denied defendants' motion to enforce purported settlement agreement,
granted plaintiff's cross-motion to strike defendants' motion papers, holding, pursuant to the provisions of the NJ Uniform Mediation Act, that defendants were barred from proving the existence of a verbal settlement agreement allegedly reached in restrictive covenant enforcement action because defendants relied on inadmissible, privileged mediation communications for purposes of same.
Jiang v. Flushing Center, Inc., 357 Fed. Appx. 391 (2d Cir. 2009): Affirmed district court's grant of summary judgment dismissing failure to promote, disciplinary discrimination, unequal pay,
retaliation claims arising under federal law.
Eckerd Corp. v. J&S, Inc., 647 F. Supp. 2d 388 (D.N.J. 2009): District court granted plaintiff's motion for summary judgment, barring defendant, either as the agent or assignee of pension fund, from pursuing withdrawal liability claim against plaintiff.
Einhorn v. J&S, Inc., 577 F. Supp. 2d 752 (D.N.J. 2008): District court granted plaintiff's motion to dismiss defendants' joint employer claims arising under the Employee Retirement Income Security Act ( ERISA )
the Multiemployer Pension Plan Amendments Act ( MPPAA ), as well as motion to compel contractual arbitration of defendants' NJ common law breach of contract, promissory estoppel,
breach of covenant of good faith claims. [All such common law claims subsequently dismissed by arbitrator following 2-day hearing].
Staff v. Pall Corporation, 233 F. Supp. 2d 516 (S.D.N.Y. 2002): District court granted defendant's summary judgment motion dismissing plaintiff's race, color
national origin, retaliation,
hostile work environment claims arising under federal
New York State human rights laws.
Preda v. Nissho Iwai American Corporation, 128 F.3d 789 (2d Cir. 1997): Affirmed district court's grant of summary judgment dismissing plaintiff's claim arising under federal Veterans' Reemployment Rights Act ( VRRA ), based on defendant's failure to reinstate him following his discharge from military service
court held that plaintiff engaged in job-related misbehavior immediately prior to his military leave, which rendered him unqualified, within meaning of VRRA, for reinstatement.
Local 617, Int'l Brotherhood of Teamsters v. Hudson Bergen Trucking Co., 440 A. 2d 18 (NJ App. Div. 1981):In action to enforce adverse labor arbitration award, NJ Appellate Division held that plaintiff's service of process of summons on defendant's attorney was defective because plaintiff failed to sustain its burden of proving that attorney was authorized to accept service of process on defendant's behalf. [Cited in Comment to R. 4:4-4, Rules Governing the Courts of the State of New Jersey (2012 ed., Pressler & Verniero)].

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Experience

Bar Admission & Memberships

Admissions
1978, New York
1978, New Jersey
U.S. District Court, District of New Jersey
U.S. District Court, Southern District of New York
U.S. District Court, Eastern District of New York
U.S. District Court, Northern District of New York
U.S. Court of Appeals, First Circuit
U.S. Court of Appeals, Second Circuit
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Seventh Circuit
U.S. Court of Appeals, Ninth Circuit
U.S. Supreme Court

Memberships

Affiliations
Fellow, The College of Labor and Employment Lawyers
Member, New Jersey State Bar Association
- Former Member, Executive Committee, Labor and Employment Law Section
Past President and Founding Member, Academy of New Jersey Management Attorneys
Former Master of the Bench, Sydney Reitman Employment Law American Inn of Court

Bar Fellowship
by The College of Labor and Employment Lawyers
6/28/2011 Member:
Affiliations
Fellow, The College of Labor and Employment Lawyers
Member, New Jersey State Bar Association
- Executive Committee, Labor and Employment Law Section
VicePresident (Past Treasurer, Past Secretary) and Founding Member, Academy of New Jersey Management Attorneys
Former Master of the Bench, Sydney Reitman Employment Law American Inn of Court
Member, Region 22 NLRB Practice and Procedure Committee
Member, American Bar Association
- Litigation Law Section
- Labor and Employment Law Section Fellow: by The College of Labor and Employment Lawyers 6/28/2011
Sills Cummis & Gross Expands Its Employment and Labor Practice Group with new Chair, David I. Rosen 3/29/2011
In The News Items
Privacy Bill Veto Gives NJ Employers Reprieve from Litigation Law3605/7/2013
The Impact of Sweeping NLRB Changes on Business The Metropolitan Corporate Counsel6/1/2012
Presentations
Hospital General Counsel Legal Updates Recent Employment Law Updates that All Hospital General Counsel Should Know (David Rosen); It's a Privilege (or Not): What General Counsel Need to Know to Protect (and Avoid Jeopardizing) Attorney-Client Privilege (Anthony Argiropoulos) New Jersey Hospital Association12/3/2013
Annual NLRB 2013 Conference An Analysis of the Noel Canning v. NLRB Decision and other Related Issues Region 22, National Labor Relations Board, in cooperation with the NJSBA Labor & Employment Law Section, the Rutgers University School of Management and Labor Relations, the New Jersey State AFL-CIO, and NJICLE11/22/2013
Rutgers Law School Labor & Employment Law Society Annual Symposium NLRB and Social Media Update Rutgers Law School-Newark3/14/2013
2013 Labor and Employment Law Forum Trial Tactics New Jersey Institute for Continuing Legal Education3/12/2013
Litigating the Employment Case: Advanced Issues Taking and Defending Depositions in Employment Cases Academy of New Jersey Management Attorneys10/27/2012
Hot Topics in Employment Law NJCCA's Labor & Employment Committee & Sills Cummis & Gross P.C.10/24/2012
Hot Tips in Labor and Employment Law NLRB's Proposed Posting Rule and Three Major August 2011 NLRB Rulings (David Rosen); Update on Developments involving the Family and Medical Leave Act (Galit Kierkut) New Jersey Institute for Continuing Legal Education, presented in cooperation with the NJSBA Labor & Employment Law Section6/1/2012
Rutgers School of Law-Newark Annual Labor & Employment Law Symposium New Jersey State Bar Association's Labor & Employment Law Section and the Labor & Employment Law Society at Rutgers School of Law-Newark4/11/2012
Legal Updates on Whistleblower and New Government Sanctions Enforcement Activity and Compliance Guidance for Nursing Homes (Anjana Patel) and Recent Labor and Employment Law Developments Impacting Nursing Homes (David Rosen) Society of Licensed Nursing Home Administrators of New Jersey12/15/2011
Hot Tips in Labor & Employment Law: 2011 Management's Perspective on the Import of the December 2, 2010 New Jersey Supreme Court's Decision in Quinlan v. Curtiss-Wright Corporation New Jersey Institute for Continuing Legal Education6/17/2011
The Hottest Developments and Trends in Employment and Labor Law Rutgers School of Law-Newark3/31/2011
Publications
Successfully Assisting Employers in Navigating the Labor Arbitration Process Inside the Minds, Best Practices for Managing Union Arbitration7/1/2014
NLRB Disequilibrium: A Survey of Recent, Sweeping Regulatory and Case Law Developments New Jersey Law Journal - Employment & Immigration Law Supplement12/5/2011
Client Alerts
Pot Luck - Best Practices for NY & NJ Employers Addressing Medical Marijuana Use in the Workplace Employment and Labor7/21/2014
Two Significant Victories for Employers Handed Down by the Courts this Week Employment and Labor6/24/2014
New COBRA Notices and Election Forms to Be Used Immediately Employment and Labor5/20/2014
Employers Beware - Three Significant Decisions with Broad Implications Employment and Labor4/29/2014
Revitalized NLRB Takes on Vigorous Agenda Including Reissued Quickie Union Election Rules And Greater Employee Handbook Scrutiny Employment and Labor3/31/2014
Impact of Proposed Changes to New York City Sick Leave Law on Employers Employment and Labor2/28/2014
New Pregnancy Accommodation Law Enacted in New Jersey Employment and Labor1/28/2014
Notices for the New Year and Good News for Employers: Update on Wage and Hour Class Actions Employment and Labor12/19/2013
Groundbreaking Legislation on Both Sides of the Hudson - Latest NJ and NYC Employment Law Developments Employment and Labor10/4/2013
ACA Exchanges Go Live on October 1, 2013: Immediate Action Required by Employers Employment and Labor9/23/2013
New Jersey and New York City Expand Employee Leave Rights Employment and Labor7/31/2013
Recent Social Media Developments Impacting Employers Employment and Labor4/29/2013
New York Raises Minimum Wage Rate; New Jersey May Not Be Far Behind Employment and Labor4/1/2013
Updates on Three Important Issues: Family and Medical Leave Act Developments, Arbitration Agreements and Trade Secret Protection Employment and Labor3/8/2013
Important Employment Legislative Developments Impacting Both NY and NJ Employers Employment and Labor10/4/2012
Parents and Subsidiaries: Not Necessarily Joint Employers Employment and Labor7/1/2012
New Significant NJ Court Decisions Employment and Labor5/1/2012
Enforcement of NLRB Posting Rule Temporarily Enjoined Employment and Labor4/1/2012
Labor Board Issues New Rule Requiring Employers to Post Notices Concerning Their Employees' Collective Bargaining Rights Employment and Labor9/1/2011
Employers Beware: Bold Changes to New York Wage and Hour Law Employment and Labor4/1/2011 Member:
Affiliations
Fellow, The College of Labor and Employment Lawyers
Member, New Jersey State Bar Association
- Executive Committee, Labor and Employment Law Section
Treasurer, Past Secretary and Founding Member,Academy of New Jersey Management Attorneys
Former Master of the Bench, Sydney Reitman Employment Law American Inn of Court
Member, American Bar Association
- Litigation Law Section
- Labor and Employment Law Section Fellow: by The College of Labor and Employment Lawyers
6/28/2011
Sills Cummis & Gross Expands Its Employment and Labor Practice Group with new Chair, David I. Rosen
3/29/2011
In The News Items
Privacy Bill Veto Gives NJ Employers Reprieve from Litigation
Law360
5/7/2013
The Impact of Sweeping NLRB Changes on Business
The Metropolitan Corporate Counsel
6/1/2012
Presentations
Rutgers Law School Labor & Employment Law Society Annual Symposium
NLRB and Social Media Update
Rutgers Law School-Newark
3/14/2013
2013 Labor and Employment Law Forum
Trial Tactics
New Jersey Institute for Continuing Legal Education
3/12/2013
Litigating the Employment Case: Advanced Issues
Taking and Defending Depositions in Employment Cases
Academy of New Jersey Management Attorneys
10/27/2012
Hot Topics in Employment Law
NJCCA's Labor & Employment Committee & Sills Cummis & Gross P.C.
10/24/2012
Hot Tips in Labor and Employment Law
NLRB's Proposed Posting Rule and Three Major August 2011 NLRB Rulings (David Rosen); Update on Developments involving the Family and Medical Leave Act (Galit Kierkut)
New Jersey Institute for Continuing Legal Education, presented in cooperation with the NJSBA Labor & Employment Law Section
6/1/2012
Rutgers School of Law-Newark Annual Labor & Employment Law Symposium
New Jersey State Bar Association's Labor & Employment Law Section and the Labor & Employment Law Society at Rutgers School of Law-Newark
4/11/2012
Legal Updates on Whistleblower and New Government Sanctions
Enforcement Activity and Compliance Guidance for Nursing Homes (Anjana Patel) and Recent Labor and Employment Law Developments Impacting Nursing Homes (David Rosen)
Society of Licensed Nursing Home Administrators of New Jersey
12/15/2011
Hot Tips in Labor & Employment Law: 2011
Management's Perspective on the Import of the December 2, 2010 New Jersey Supreme Court's Decision in Quinlan v. Curtiss-Wright Corporation
New Jersey Institute for Continuing Legal Education
6/17/2011
The Hottest Developments and Trends in Employment and Labor Law
Rutgers School of Law-Newark
3/31/2011
Publications
NLRB Disequilibrium: A Survey of Recent, Sweeping Regulatory and Case Law Developments
New Jersey Law Journal - Employment & Immigration Law Supplement
12/5/2011
Client Alerts
Groundbreaking Legislation on Both Sides of the Hudson - Latest NJ and NYC Employment Law DevelopmentsEmployment and Labor
10/4/2013
ACA Exchanges "Go Live" on October 1, 2013: Immediate Action Required by Employers
Employment and Labor
9/23/2013
New Jersey and New York City Expand Employee Leave Rights
Employment and Labor
7/31/2013
Recent Social Media Developments Impacting Employers
Employment and Labor
4/29/2013
New York Raises Minimum Wage Rate; New Jersey May Not Be Far Behind
Employment and Labor
4/1/2013
Updates on Three Important Issues: Family and Medical Leave Act Developments, Arbitration Agreements and Trade Secret Protection
Employment and Labor
3/8/2013
Important Employment Legislative Developments Impacting Both NY and NJ Employers
Employment and Labor
10/4/2012
Parents and Subsidiaries: Not Necessarily Joint Employers
Employment and Labor
7/1/2012
New Significant NJ Court Decisions
Employment and Labor
5/1/2012
Enforcement of NLRB Posting Rule Temporarily Enjoined
Employment and Labor
4/1/2012
Labor Board Issues New Rule Requiring Employers to Post Notices Concerning Their Employees' Collective Bargaining Rights
Employment and Labor
9/1/2011
Employers Beware: Bold Changes to New York Wage and Hour Law
Employment and Labor
4/1/2011
Rankings & Recognition
Chambers USA® 2013, New Jersey Labor & Employment
The Best Lawyers in America® 2012-2014, Employment Law - Management and Labor Law - Management
New Jersey Super Lawyers® 2009 and 2011-2013, Employment and Labor
"Top 100 Labor Attorneys in America" by the Labor Relations Institute, Inc.
2007-2009
Affiliations
The College of Labor and Employment Lawyers (Fellow)
Member, New Jersey State Bar Association
- Executive Committee, Labor and Employment Law Section
Treasurer, Past Secretary and Founding Member, Academy of New Jersey Management Attorneys
Former Master of the Bench, Sydney Reitman Employment Law American Inn of Court
Member, American Bar Association
- Litigation Law Section
- Labor and Employment Law Section

Education & Certifications

Law School
Case Western Reserve University School of Law
J.D.
National Moot Court Team

Case Western Reserve University School of Law
J.D.
Member

Case Western Reserve University School of Law
J.D.
1977 Member

Case Western Reserve University School of Law
J.D.
Sr.

Case Western Reserve University School of Law
J.D.
National Labor Law Moot Court Team

Case Western Reserve University School of Law
J.D.
Senator Robert F. Wagner

Other Education
Tufts University
Class of 1974
B.A.
magna cum laude

Personal Details & History

Age
Born in 1952
Elizabeth, New Jersey, March 21, 1952

David I Rosen

Member at Sills Cummis & Gross P.C.

Not yet reviewed

The Legal Center, One Riverfront PlazaNewark, NJ 07102U.S.A.
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David I Rosen