Zwerling, Andrew L.

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ZWERLINGWEB

Andrew L. Zwerling

Partner/Director

azwerling@garfunkelwild.com

111 Great Neck Road, Great Neck, NY 11021
P: 516-393-2581

350 Bedford Street, Suite 406A, Stamford, CT  06901
P: 203-316-0483

PRACTICE
Appellate Litigation (Co-Chair)

Compliance and White Collar Defense
Employment Law
Litigation & Arbitration

EDUCATION
George Washington University
(J.D., with honors, 1982)
State University of New York at Stony Brook
(B.A., with honors, 1979)

BAR ADMISSIONS
New York

Connecticut

COURT ADMISSIONS
New York Supreme Court, Appellate Division
Connecticut State Courts
United States Court of Appeals, Second Circuit
U.S. District Court, New York, Southern District
U.S. District Court, New York, Eastern District
U.S. District Court, New York, Northern District
U.S. Supreme Court

HONORS AND AWARDS
 New York Super Lawyers - Metro Edition (2013-2017)

PROFESSIONAL ASSOCIATIONS
Nassau County Bar Association
New York State Bar Association
American Health Lawyers Association

As an experienced litigator with over 35 years as a trial and appellate lawyer in State and Federal courts, including his successful argument before the United States Supreme Court, Andrew L. Zwerling is known as an innovative, creative troubleshooter and problem solver. He specializes in employment law, health care law (including OPMC defense) and commercial litigation, and has worked on litigations valued as much as over $120 million. He also conducts internal investigation for clients relating to sexual harassment and other personnel issues. Mr. Zwerling is also active as an arbitrator and a mediator.  

Representative Matters:

  • Successful defense of a physician accused of sexually assaulting a patient during a post-operative orthopedic examination that was surreptitiously recorded by the patient.
  • Successful defense in discrimination case brought by physician against a hospital following his termination.
  • Successful defense of sellers of adult homes in $120 million lawsuit.
  • Successful defense in $15 million claim brought by computer services vendor against Hospital.
  • Prosecuted case resulting in multi-million dollar recovery by hospital against managed care company based upon dispute over rate reimbursement.
  • Successful defense of anesthesia practice in multi-million litigation brought by terminated partner.

A prolific legal writer, Mr. Zwerling has dozens of publications covering a range of subjects, including employment law and litigation. As an active lecturer, he has conducted presentations on myriad subjects in New York and Connecticut, including sexual harassment, responding to employee discipline problems, leadership responsibilities of management, disruptive physicians and restrictive covenants in employment agreements.

Prior to joining the firm, Mr. Zwerling spent 17 years as a prosecutor, serving as an Executive Assistant District Attorney with the Queens County District Attorney’s Office.   There he prosecuted numerous high-profile felony cases, served as the Equal Employment Opportunity Officer, handled sensitive internal sexual harassment investigations and managed a staff of up to 150.

Speeches and Events

  • ADP New Age Workplace Compliance Lunch and Learn: Employment Law Bootcamp, June 7, 2018
  • Sexual Harassment In The Medical Profession, Stony Brook Southampton Hospital, May 10, 2018
  • Sexual Harassment In The Workplace, Advantage Group, May 1, 2018
  • Sexual Harassment In The Medical Profession and In Medical School, The New York Institute of Technology College of Osteopathic Medicine, April 24, 2018
  • Employment Law Bootcamp, White Plains Hospital, April 23, 2018
  • Sexual Harassment In The Medical Profession, White Plains Hospital, April 18, 2018
  • Sexual Harassment In The Medical Profession, White Plains Hospital, March 27, 2018
  • Employment Law Bootcamp, White Plains Hospital, February 2, 2018
  • Sexual Harassment and Abuse In The Workplace, NYU Winthrop Hospital (January 19, 2018).
  • Sexual Harassment In The Medical Profession, Garfunkel Wild P.C. (webinar, December 14, 2017)
  • Employment Law Bootcamp, White Plains Hospital, November 15, 2017
  • Affordable Care Act Section 1557:  New Non-Discrimination Rules, Fairfield County medical Association, Norwalk, CT (November 2016)
  • Frontier Healthcare 2nd Annual Conference, “On the Front Line:  Strategies in Dealing with Adverse Employee Behavior,” New York, NY (October 28, 2016)
  • HCCS False Claims Act Webinar, “False Claims Act Basics And Recent Developments” (October 20, 2016)
  • Connecticut Society of CPA’s Healthcare Conference, “Changes To Overtime Pay Rules Under the Fair Labor Standards Act” Rocky Hill, CT (October 6, 2016)
  • 2016 New York Metro ASC Symposium, “On The Front Line:  How To Handle Difficult ASC Employees,” New York, NY (September 14, 2016)
  • Assuming Leadership Roles As Physicians:  Responding to Behavioral Issues, Columbia Memorial Hospital, Hudson, NY (April 2016)
  • Writing an Effective Job Description, White Plains Hospital, White Plains, NY (March 2016)

Publications

  • "Did New York State Recently Impose New Obligations On All Employers Relating To Sexual Harassment, Even If The Employer Merely Has One Employee?" Medical Society Of The State Of New York News Of New York, June 2018
  • "How To Handle The Under-Performing Employee In Your Medical Practice:  Documentation, An Invaluable Cost-Containment Safeguard," Medical Society Of The State Of New York News Of New York, (scheduled for publication, June 2018)
  • "What to Do When the OPMC Comes Knocking," Medical Society Of The State Of New York News Of New York, March 2018
  • "What Is That Ticking Financial Bomb In Your Medical Profession? The Misclassification of An Employee as Exempt From Overtime Laws," Medical Society Of The State Of New York News Of New York, February 2018
  • "Who Is Your “Harvey Weinstein’?:  The High Cost Of Letting Sexual Harassment Go Unchecked In The Medical Profession," Medical Society Of The State Of New York News Of New York, January 2018.
  • "Implementing the Mandates Imposed on Covered Entities By Section 1557 of the ACA," Co-Author, Law Journal Newsletters, February 2017
  • "Section 1557 of the Affordable Care Act:  A New Frontier in Prohibiting Discrimination in Health Care Programs," Connecticut Law Tribune, December 19, 2016
  • "Medical Staff Leadership Responsibilities and The Issue of Disruptive Physicians," Medical Malpractice Law & Strategy, November 2016
  • "Implications of Raising the Overtime Salary Threshold," Connecticut Law Tribune, October 28, 2015
  • "How An Employee Manual Can Help Control Risk and Contain Cost," Medical Economist, January 10, 2015