Mitchell F. Borger, of counsel to the Firm, has more than twenty-seven years of experience practicing Employment Law. Mr. Borger advises clients about their legal rights and responsibilities, drafts employment agreements, severance and release documents, handbooks, and policies, is well versed in alternative dispute resolution (with an emphasis on mediation and arbitration programs), and performs employment-related corporate due diligence. He also has extensive experience conducting complex investigations into harassment and compliance allegations and providing engaging training and managerial seminars on the prevention of violations of the Americans with Disabilities Act, Age Discrimination in Employment Act, The Family and Medical Leave Act, Sexual Harassment, and Title VII Civil Rights Act.
Prior to joining the firm, Mr. Borger practiced with several in-house legal departments, starting with positions at the NY Power Authority, United Merchants & Manufacturers, Inc. and the last twenty-four years at Macy’s, Inc., where he served as Vice President and Assistant General Counsel. His responsibilities included managing the employment practice for Macy’s and Bloomingdale’s eastern US operations, including management of employment lawyers and paralegals, representation of the Company before State and Federal administrative agencies, defense of pre-litigation employment claims and providing strategic counseling to senior-level clients. In addition, his previous Macy’s responsibilities included management of the non-insured litigation portfolio of the Company and thirteen-member in-house litigation team. Mr. Borger started his legal career as an Assistant District Attorney in the Office of the Bronx District Attorney, where he prosecuted child abuse and domestic violence crimes. His prosecutorial experience included more than twenty trials to verdict, including a matricide prosecution.
Mr. Borger is the immediate past Chair of the New York State Bar Association’s (“NYSBA”) Corporate Counsel Section, served as its 2005 Chair and is a twenty-year member of its Executive Committee. In 2010-11, he was a member of NYSBA’s Committee on Standards of Attorney Conduct, and in 2011-2012, Mr. Borger chaired a Commercial & Federal Litigation Section Working Group which issued a “Report on Faster, Cheaper, Smarter Litigation Practices”.
Mr. Borger has been a past CLE speaker on topics such as emerging issues in employment law, sexual harassment in the post #MeToo movement, employment arbitration programs, consumer racism, corporate public relations in the electronic age, litigation management and retail loss prevention training. In addition, Mr. Borger has been a frequent guest lecturer at Fordham Law School and Brooklyn Law School.
Mr. Borger is admitted to the New York Bar and to the Bars of the United States Supreme Court, United States Court of Appeals for the Second Circuit and United States District Courts for the Southern, Eastern, Northern and Western Districts of New York. He received a Juris Doctorate degree from Albany Law School of Union University and a Bachelor of Arts degree from SUNY Oneonta.