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Overview

Overview

Employment lawyer and commercial litigator for high-stakes disputes on both sides of the table.

Gary Trachten is a founding Partner at Kudman Trachten Aloe Posner LLP. 

Clients rely on Gary when professional reputation and personal livelihood are on the line. His focus on employment law sees him representing both employees and employers in conflicts where his years of experience and broad litigation expertise becomes central to understanding options and outcomes, minimizing legal exposure, and negotiating emotionally-charged conflicts with grace and pragmatism.

Gary works with inter-dealer brokers, traders, portfolio managers, bankers, corporate executives, physicians, salespersons, managers, and other employees to navigate employment-related matters. His experience from the mail room to the C-suite has given him an intuitive familiarity with the nuances specific to a wide range of industries spanning financial services, hospitality, fashion, artificial intelligence, and more.

Employment disputes affect far more than contracts and paychecks. Identity, self-worth, families and communities, mortgages and retirement funds, future opportunities, and the genuine trauma caused by unfair practices or job loss… they are all in the mix. Gary never forgets the human element, and he is careful to always don the right hat at the right time.

Education

  • A.B., Boston University
  • J.D., Emory University School of Law

Admissions

  • New York
  • New Jersey
  • Connecticut
  • Florida
  • Georgia (emeritus)
  • U.S. Courts of Appeals for the Second, Third, and D.C. Circuits
  • Multiple U.S. District Courts, including New York, New Jersey, Florida, Connecticut, Georgia, and Michigan

Experience

Focus Areas

  • Employment law (contract, discrimination, whistleblower, wage claims)
  • Commercial litigation
  • Arbitration and mediation
  • Executive, employer, and employee counseling
  • Negotiation of employment, separation, and settlement agreements
  • Non-compete covenants and proprietary information disputes
  • Business disputes involving fiduciary duties and contractual rights

Representative Matters

  • Represented executive and professional employees and employers in complex wrongful termination, discrimination, compensation, non-compete, and proprietary information disputes.
  • Litigated and resolved commercial disputes across industries including: 
    • Financial Services
    • Hospitality
    • Fashion
    • Insurance
    • Manufacturing
    • Artificial Intelligence
  • Advised executives, professionals, and businesses on employment and non-compete agreements, severance arrangements, and risk management strategies.
  • Handled matters in federal and state courts and in arbitration involving employment, banking, and commercial litigation.

Honors & Awards

Professional Memberships

  • American Bar Association
  • New York State Bar Association
  • New York City Bar Association
  • National Employment Lawyers Association

Achievements

  • AV® Preeminent™ Peer Review Rated in Martindale-Hubbell®
  • Super Lawyers List, New York Metro Area, Employment & Labor (2010-2025)

Publications & Media

Gary has been a frequent author and speaker on employment and litigation topics. He has presented continuing legal education programs on wrongful termination, executive compensation, tax issues in employment cases, and litigation strategy before audiences of lawyers and judges nationwide. 

Gary previously served as co-editor of The New York Employee Advocate and has authored articles addressing employment rights, severance agreements, and corporate officer protections. He was for four years the Co-Chair of the Practicing Law Institute’s program entitled “Wrongful Termination Claims: What Plaintiffs and Defendants Have to Know.”

Sampling of Cases

  • Neu v. Amelia US LLC et al, 208 NYS2d 183 (1st Dep’t 2024) (reversal of decision denying statutory remedies to executive compensation, including severance)
  • The branch of Citibank, N.A. v. De Nevares, 73 F. 4th 91 (2d Cir. 2023) (reversal of restraint on enforcement of Argentine judgement for severance pay.)
  • CRC Ins. Servs. Inc. v. Kullman, 180 N.Y.S. 3d 859 (2d Dep’t 2022) (reversal of trail court’s dismissal in favor of arbitration, finding arbitration waived.)
  • Giuntoli vs. Garvin Guy Butler Corp., 726 F. Supp. 494 (S.D.N.Y. 1989) (holding an implied contract for a bonus may be enforced even if amount not fixed.)
  • Goldman vs. Gallant Securities, Inc., 878 F.2d 71 (2d Cir. 1989) (reversal of jurisdictional dismissal of securities fraud action.)
  • Rosenthal vs. One Hudson Park, Inc., 701 N.Y.S.2d 899 (1st Dept. 2000) (Terms of Proprietary Lease override Business Judgment Rule.)
  • Giuliano vs. Everything Yogurt, Inc., 819 F. Supp. 240 (E.D.N.Y. 1993) (dismissal of RICO claims against restaurant franchisor.)

Our commercial law practice serves business enterprises, large and small, global and local.

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