Thomas Kung is a partner in the firm’s New York Office, focusing his practice on Labor and Employment Law and Commercial Litigation. Mr. Kung has extensive litigation experience, representing clients through trial in state and federal courts, administrative tribunals, as well as arbitration proceedings.  His practice has led to over 13 reported judicial opinions and case laws.

In his Employment Law practice, Mr. Kung has successfully defended clients against a wide array of claims, including sexual harassment, discrimination, retaliation, wrongful termination, and wage and hour disputes. These disputes often involve complex issues such as wage theft, employee misclassification, and collective actions under the Fair Labor Standards Act.

In the realm of Commercial Litigation, Mr. Kung manages cases ranging from individual contract disputes to multi-party claims involving intricate issues of contractual indemnification. As the firm’s litigation partner, he collaborates with litigation teams across all JLG practice groups to achieve exceptional and cost-effective results for clients.

 

Practice Highlights: ​

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• Conducted successful trials in the U.S. District Court for the Southern and Eastern Districts of New York, resulting in favorable outcomes for the clients.

• Argued before the Second Circuit Court of Appeals three times; prevailed in numerous appeals.

• Secured a Temporary Restraining Order and Preliminary Injunction against a client’s business partner for breaching non-compete obligations in a shareholder dispute.

• Negotiated a favorable settlement in a wage and hour class action involving over 250 plaintiff-employees.

• Defeated certification of a FRCP 23 class action in a wage and hour action involving over a dozen opt-in plaintiffs.

• Obtained eight-figure judgments for international sellers in commercial disputes against domestic purchasers/importers.

• Represented international businesses in the recognition and enforcement of foreign arbitration awards.

• Secured complete indemnity and a $0 contribution for client in a $40,000,000 settlement by strategically positioning and arguing contractual indemnification.

• Negotiated a $25,000 contribution for client in a $5 million wrongful death case by effectively addressing insurance coverage issues.

• Successfully represented management before the National Labor Relations Board in representation petitions and unfair labor practice charges.

• Defended management in U.S. and NY Department of Labor wage and hour audits, including hearings and appeals to the Industrial Board of Appeals.

• Represented over 50 plaintiffs in a FLSA collective action against a Fortune 500 company.

• Obtained summary judgment dismissing wage and hour claims based on prior DOL audit waivers.

• Obtained dismissal of individual owners from liability as an “employer” in wage and hour lawsuits. 

• Defeated certification of numerous FLSA collective actions due to insufficient evidentiary showing by employees.

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In addition to litigation, Mr. Kung provides training and counsel on employment law matters, including wage and hour compliance, employee terminations, severance agreements, and sexual harassment prevention policies.

Prior to joining JLG, Mr. Kung served as Professional Liability Claims Counsel at Zurich American Insurance Company, managing employment litigation, personal injury, and malpractice cases nationwide.