Thomas Kung is a partner with the firm’s New York Office who focuses his practice in the areas of Labor and Employment Law and Commercial Litigation.  Mr. Kung has extensive litigation experience representing clients through trial in state and federal courts, as well as administrative tribunals.  Mr. Kung’s practice has resulted in over 13 reported judicial opinions and case laws.   

 

In Mr. Kung’s Employment practice, he has successfully defended his clients against a broad range of claims, including claims of sexual harassment, discrimination, retaliation, wrongful termination, as well as wage and hour actions, such as wage theft, misclassification, and collective actions under the Fair Labor Standards Act. 

 

Mr. Kung additionally manages a variety of commercial litigation matters ranging from individual contract disputes to multi-party claims involving complex issues of contractual indemnification.   As the firm’s litigation partner, Mr. Kung collaborates with litigation teams across every JLG’s practice group to achieve exceptional and efficient results.

 

Practice Highlights: 

 

• Conducted a successful trial in the U.S. District Court for the Southern District of New York that resulted in a substantial judgment for client.

• Argued three times before the Second Circuit Court of Appeals and prevailed on numerous appeals. 

• Facilitated a $40 million settlement in a catastrophic injury case in which our client paid $0 because we successfully argued contractual indemnification.

• Assisted client to settle a $5 million wrongful death case for $25,000 by successfully arguing insurance coverage issues.  

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

• Successfully represented 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 and dismissal of employee’s wage and hour claims on the basis that the employees had waived their rights in a prior DOL audit.  

• Successfully defeated certification of a FLSA collective on the basis that employees did not meet the requisite evidentiary showing. 

 

In addition to his litigation practice, Mr. Kung regularly provides training and counsels clients on a variety of employment law matters, such as wage and hour compliance, employee terminations, severance agreements, and sexual harassment prevention policy review and drafting.  

 

Prior to joining JLG, Mr. Kung was a professional liability claims counsel at Zurich American Insurance Company where he managed cases involving employment litigation, personal injury actions, and medical malpractice actions through out the United States. Prior to Zurich, Mr. Kung was a litigation associate at a boutique firm in New York City.