Neil Capobianco

New York City, New York
Claim Listing

Practice Areas

  • Business Law
  • Commercial Litigation
  • Employee Benefits & Executive Compensation
  • Employment Law
  • Executive Compensation
  • General Civil
  • Labor & Employment
  • Single-Plaintiff Litigation
  • Wage & Hour Litigation
  • Workplace Counseling & Compliance Solutions

Jurisdictions Admitted to Practice

  • New Jersey
  • New York
  • Supreme Court of the United States
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Southern and Eastern District of New York
  • CurrentActivities: New York Bar Association (Labor and Employment Law Section) Representative Engagements
  • CurrentActivities: Vengurlekar v. Silverline Technologies, Ltd., 9 Wage & Hour Cas.2d (BNA) 417, 2003 WL 22801757 (S.D.N.Y. Nov. 24, 2003) (denying ERISA and state wage law class certification and dismissing Fair Labor Standards Act claims).
  • CurrentActivities: Criscuolo v. Joseph E. Seaqram & Sons, Inc., Case No. 02 Civ. 1302 (S.D.N.Y July 1, 2002) (dismissing claim for severance and other ERISA benefits).
  • CurrentActivities: Merli v. Bill Communications, Inc., 82 Empl. Prac. Dec.  40,990, 2002 WL 424649 (S.D.N.Y. March 18, 2002) (granting summary judgment to employer on plaintiff’s claims for discriminatory discharge based on age and failure to promote).
  • CurrentActivities: Thomson Financial, Inc. v. Canniffe, Supreme Court, New York County; December 7, 2001 (denying former employer’s motion for preliminary injunction seeking to restrain company formed by former employees from soliciting their former cli
  • CurrentActivities: Trustees of the American Federation of Musicians and Employers’ Pension Fund v. Steve Scott Enterprises, Inc., 40 F. Supp. 2d 503 (S.D.N.Y. 1999) (granting employer’s motion for summary judgment on ERISA plan’s action for audit on
  • CurrentActivities: Ponticelli v. Zurich American Insurance Group, 16 F. Supp. 2d 414 (S.D.N.Y. 1998) (granting employer’s motion for summary judgment on plaintiff’s claims for gender discrimination, quid pro quo harassment, retaliation, and intentiona
  • CurrentActivities: Lynch v. Pathmark Supermarkets, 987 F. Supp. 236 (S.D.N.Y. 1997) (granting employer’s motion for summary judgment on plaintiffs claims for wrongful discharge and religious harassment).
  • CurrentActivities: Mason Tenders District Council Pension Fund v. Messera, 958 F. Supp. 869 (S.D.N.Y. 1997) (ERISA preempted pension funds’ claim that funds’ counsel breached his state common-law fiduciary duty to funds by making payments to fiduciari
  • CurrentActivities: Coghlan v. H.J. Heinz Company, 851 F. Supp. 808 (N.D. Tex. 1994) (rejecting EEOC’s interpretive guidelines that insulin-dependant diabetes is per se a disability under the Americans with Disabilities Act).
  • CurrentActivities: General Electric Company v. New York State Department of Labor, 936 F. 2d 1448 (2d Cir. 1991) (reversing district court’s conclusion that General Electric could not proceed on its claim that New York’s prevailing wage law constitute
  • CurrentActivities: In re Liquidation of Consolidated Mutual Insurance Company, 77 N.Y. 2d 144, 565 N.Y.S. 2d. 434 (1990) (ERISA class action holding that New York State Superintendent of Insurance could not unilaterally terminate the group term life, medi

Professional Experience

  • Partner Seyfarth Shaw LLP Current


  • New York Law School J.D 1989magna cum laude
  • New York Law School Law ReviewB.A. 1985Editor, University of Wisconsin, Madison


620 Eighth Avenue
New York
New York City, NY 10018 USA

Telephone: (212) 218-5284

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