Desiree Busching

Desiree E. Busching’s practice focuses on labor and employment matters, including the labor and employment components of transactional and restructuring engagements, complex litigation, labor-management relations, and advising clients on best practices under federal, state, and local law.Ms. Busching advises clients on labor and employment issues in the context of corporate transactions, bankruptcy, and restructuring engagements involving the acquisition and organization of workforces, including the evaluation of workforces, transfer, hiring, and firing of workers, unionization of workforces, labor-management relations, and negotiation of collective bargaining agreements. Ms. Busching also represents clients in labor and employment disputes in federal and state courts, as well as before various administrative agencies and in arbitration.

She defends class and collective actions as well as single-plaintiff claims alleging wage and hour violations, employment discrimination, workplace harassment, retaliation, and breach of contract.She counsels clients on compliance with, and best practices under, federal, state, and local labor and employment laws, and in employment disputes, restrictive covenant matters and enforcement, employment contract negotiations, performance management, and employee terminations.

In addition, Ms. Busching has substantial experience in National Labor Relations Board (NLRB) procedures and proceedings, including advising and representing employers in union representation and unfair labor practice proceedings, collective bargaining, and arbitrations. She counsels clients on compliance with traditional labor laws, responding to union organization efforts, and managing labor-management disputes.

Ms. Busching’s diverse practice extends across a wide range of industries, including financial services, energy, hospitality, entertainment, retail, health care, construction/trades, and transportation and distribution.Ms. Busching received her B.A. magna cum laude from the University at Albany, State University of New York, in 2003.

She received her J.D. cum laude in 2008 from Hofstra University School of Law, where she was the Managing Editor of Articles for the Hofstra Labor and Employment Law Journal and the Region II Champion in the National Trial Competition as a member of Hofstra’s trial competition team.Prior to joining Akin Gump, Ms. Busching served as Assistant General Counsel for the New York City Office of the Mayor, Office of Labor Relations.

Representative Work:

• Ms. Busching’s recent representative matters include:
  • the successful defense of a national hospitality chain in connection with a wage and hour class action, including obtaining a favorable class settlement
  • the successful defense of a hedge fund client in connection with breach of contract allegations asserted by a former General Counsel
  • the successful defense of a hedge fund client in litigation brought by its former President, alleging breach of a partnership and joint-venture agreement
  • representation of the senior secured note holders, who held approximately $129.6 million of outstanding loans and commitments, in Constellation Enterprises LLC’s chapter 11 proceedings.
  • managing labor and employment-related matters in the acquisition and sale of portfolio companies in connection with the firm’s representation of private equity firms
  • leading the labor and employment components in the firm’s representation of a global renewable energy company in its acquisition of South American energy companies
  • managing employment-related matters and advising an activist hedge fund in connection with an investment made by a leading world class investment manager

Education:

• J.D., Hofstra University School of Law,cum laude, 2008
• B.A., University at Albany, State University of New York, magna cum laude, 2003

Bar Admissions:

• New York