Gerald Hathaway

Drinker Biddle & Reath LLP

$ $$$

6th Avenue 1177
New York 10036 NY US

Gerald T. Hathaway represents domestic and international corporations of all sizes, including Fortune 500 and Global Fortune 500 companies, in major labor and employment matters. His practice includes advising on the labor and employment aspects of local, national and international corporate transactions and financial restructuring.

Jerry’s practice also includes reductions in force, including Worker Adjustment and Retraining Notification Act (WARN) and Older Workers Benefit Protection Act compliance.

His clients include private equity funds, major entertainment studios and networks, talent management companies and talent agencies, and companies in the real estate, logistics, luxury goods, retail and insurance industries.

Jerry counsels management on avoiding employment litigation and grievances. He represents companies in collective bargaining, arbitrations and contentious litigation, and pursuing remedies to enjoin unlawful picketing, should the need arise.

He has experience defending Equal Employment Opportunity Commission and National Labor Relations Board charges and private lawsuits, including discrimination class actions, Fair Labor Standards Act collective actions and claims related to the Americans with Disabilities Act, the Age Discrimination in Employment Act, the National Labor Relations Act, the Labor Management Relations Act, Section 1981 and Title VII.

Experience : Jerry has extensive experience advising clients on the labor and employment aspects of local, national and international corporate transactions and financial restructuring. Among his representative matters:

  • In a $750 million acquisition by a private equity fund, uncovered in due diligence an undisclosed labor liability that resulted in a price adjustment of $12.5 million.
  • Conducted national labor/employment due diligence in $4.9 billion acquisition by a foreign company, and mapped out post-closing labor strategy for plants that had poor relationships with production unions.
  • In a potential acquisition of a retailer by a private equity fund, uncovered serious non-compliance with labor laws, which upon correction would have major impact on the target company’s stated EBITDA. When the seller refused to make a price adjustment, the private equity fund declined to go forward with the deal.
  • Engaged by a private equity fund to take over the representation of a portfolio company in a long-lingering dispute with the EEOC, and resolved matter for less than the amount of legal fees that would have been incurred to defend the case.
  • Assessed WARN issues in a national layoff involving more than 30,000 employees at hundreds of sites, resulting in only one lawsuit that the company won on summary judgment.
  • Assessed complex WARN issues in dozens of national layoffs ranging in size from hundreds to tens of thousands of employees.

Education :

  • University of Pittsburgh School of Law, J.D., 1979
  • La Salle University, B.A., 1976

Bar Admissions : New Jersey, New York, Pennsylvania

Court Admissions :

  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit, Third Circuit, Eighth Circuit
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, Western District of Arkansas
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Pennsylvania

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6th Avenue 1177
New York 10036 NY US
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  • In a $750 million acquisition by a private equity fund, uncovered in due diligence an undisclosed labor liability that resulted in a price adjustment of $12.5 million.
  • Conducted national labor/employment due diligence in $4.9 billion acquisition by a foreign company, and mapped out post-closing labor strategy for plants that had poor relationships with production unions.
  • In a potential acquisition of a retailer by a private equity fund, uncovered serious non-compliance with labor laws, which upon correction would have major impact on the target company’s stated EBITDA. When the seller refused to make a price adjustment, the private equity fund declined to go forward with the deal.
  • Engaged by a private equity fund to take over the representation of a portfolio company in a long-lingering dispute with the EEOC, and resolved matter for less than the amount of legal fees that would have been incurred to defend the case.
  • Assessed WARN issues in a national layoff involving more than 30,000 employees at hundreds of sites, resulting in only one lawsuit that the company won on summary judgment.
  • Assessed complex WARN issues in dozens of national layoffs ranging in size from hundreds to tens of thousands of employees.
Education :
  • University of Pittsburgh School of Law, J.D., 1979
  • La Salle University, B.A., 1976
Bar Admissions : New Jersey, New York, Pennsylvania Court Admissions :
  • U.S. Supreme Court
  • U.S. Court of Appeals, Second Circuit, Third Circuit, Eighth Circuit
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, Western District of Arkansas
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Northern District of Texas
  • U.S. District Court, Eastern District of Pennsylvania
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