Andrew L. Zwerling

As an experienced litigator with over 39 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 managed long term care entity in lawsuit brought by vendors of nursing home facility.
• 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

• “Wage & Hour Legal Considerations In Returning To The Office,” Thomson Reuters Podcast, July 2020
• The Questionable Enforcement of Employment Contracts During The COVID-19 Pandemic,” May 4, 2020
• “An Employer’s Practical Guide To Facing Day-To-Day Coronavirus Challenges,” April 24, 2020
• “Navigating A Murky Landscape: An Employer’s Guide To Responding To The Challenges of COVID-19,” March 30, 2020
• “New York’s Medical Marijuana Program: Issues Confronting Employers,” Medical Society of the State of New York, February 2020
• “New York’s Medical Marijuana Program: The Role and Obligations of Registered Practitioners, The Obligations of Certified Patients, The Role and Obligations of Registered Organizations, The Role and Obligations of Registered Organizations and Compliance Issues Confronting Participants in the Program ” Medical Society of the State of New York, February 2020
• Sexual Harassment In The Medical Profession, Fairfield County Medical Association and Hartford County Medical Assocation, February 4, 2020
• New York State Bar Association Annual Meeting 2019, Health Law Section: “The MSSNY/OPMC Relationship,” January 16, 2019
• Sexual Harassment “Train the Trainers Webinar: The Impact on the Healthcare System and the Medical Profession, Medical Society of the State of New York, March 20, 2019
• Hudson Valley Chapter HFMA Annual Institute, “Importance of Employee Engagement and Top Trending HR Issues For All Employers,” April 4, 2019
• Medical Society of the State of New York, Sexual Harassment Awareness and Prevention in the Workplace, July 17, 2019.
• ADP New Age Workplace Compliance Lunch and Learn: Employment Law Bootcamp, June 7, 2018

Publications

• “A Patient Just Sexually Harassed An Employee Of My Practice: What Can I Do?”, Medical Society Of The State Of New York News Of New York, June 2019
• “Dear New York Medical Marijuana Attorney: Who Is A Qualified Patient Under New York’s Medical Marijuana Program?”, Medical Society Of The State Of New York News Of New York, June 2019
• “Practitioners Gone to Pot: New York’s Medical Marijuana Program and the Role and Obligations of Registered Practitioners,” Nassau Lawyer, June 2019.
• “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