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    1. Home
    2. People
    3. Susan S. Robfogel

      People
    1. Home
    2. People
    3. Susan S. Robfogel

      People

    Susan S. Robfogel

    Of Counsel


    • New York City
    • Office+1 212.940.3116
    • srobfogel@nixonpeabody.com
    • Download vCard

    Introduction

    Susan Robfogel is a retired partner of the firm who currently serves as Of Counsel.

    Practice Areas

    Arbitration, Mediation & Alternative Dispute ResolutionExecutive CompensationHealthcareIsraelLife SciencesMedical Staff Issues & Professional LicensureLabor, Employment & Benefits

    Industries

    Healthcare

    /My focus

    Currently, I focus my practice on counseling clients in the life sciences and healthcare industries on labor and employment as well as regulatory and transactional matters.

    Labor Relations

    I advise clients on their rights and obligations in labor relations disputes involving collective bargaining agreements and other matters under the jurisdiction of the National Labor Relations Act including union organizing and unfair labor practice proceedings. I have represented some of the largest healthcare systems in the country in responding to union corporate campaigns and I represent organized employers confronting bankruptcy on the collective bargaining aspects of bankruptcy proceedings.

    Employment

    I counsel employers on federal, state and local employment laws including those related to discrimination, harassment and wage and hour rules. I am particularly interested in the work I am doing as independent counsel to boards of directors on these matters and in their relationships and contracts with their executives.

    Regulatory

    I counsel healthcare providers on their statutory obligations and represent them in proceedings before federal and state regulatory bodies, including fraud and abuse rules and certificate of need applications.

    Transactional

    I represent healthcare and life sciences clients in mergers and acquisitions and in corporate reorganizations.

    /Representative experience

    Mrs. Robfogel has lectured extensively on employment topics to many different audiences across the country. She coauthored, with her partner Eugene D. Ulterino, “Drugs and Alcohol: What About Employer Rights?” for the Council on Education in Management. She is an annual contributor to The Developing Labor Law and authored an article for the American Bar Association periodical The Labor Lawyer entitled “Electronic Communication and the NLRA: Union Access and Employer Rights.” She has been cited for outstanding community service, as well as in recognition of her contributions to the field of law and the community at large.

    She is a member and immediate past chair of the Board of the Office of Compliance, an independent agency within the U.S. Congress established to administer the application of various civil rights, labor, and workplace laws to Congressional employees.

    In 1981 she was appointed by President Reagan to the Federal Service Impasses Panel, the agency responsible for resolving collective bargaining disputes in the federal sector. She completed three terms on the panel.

    /Looking ahead

    I follow recent appointments to the National Labor Relations Board and to the Labor Department. I anticipate an uptick in union organizing and increasing hurdles to resisting unionization.

    /In the news

    • Rochester Business Journal

      2019 Women of Excellence: RBJ honors 7 women in legal community

      Rochester Private Clients partner Stephanie Seiffert is honored in this article for earning Rochester Business Journal’s 2019 Women of Excellence award, which recognizes high-achieving female attorneys based on their professional experience, leadership and community involvement. Rochester of counsel Susan Robfogel, a retired partner, was also recognized and will be inducted to the publication’s Circle of Excellence.
      March 22, 2019
    • Democrat and Chronicle

      New Members of Brighton Hall of Fame Include Inventor, Lawyer, Philanthropist, Scientist and Actress

      Rochester senior counsel Susan Robfogel is highlighted as one of the five inductees into the Brighton High School Alumni Hall of Fame for 2014.
      May 7, 2014

    /Admitted to practice

    U.S. Court of Appeals, Second Circuit
    U.S. Supreme Court
    New York

    /Education

    Cornell University, J.D.
    Smith College, B.A., cum laude

    /Professional activities

    Susan Robfogel is a member of the American, New York, Monroe County, and District of Columbia bar associations. She is a member of the management subcommittee of the ABA Developing Labor Law Committee responsible for preparing the annual supplements to the text titled “Developments of the Law Under the National Labor Relations Act,” and is a member of the ABA Forum Committee on Health Law. She is past chair of the Committee on Health Law of the New York State Bar Association and a fellow of the American and New York Bar Foundations.

    /Recognition

    Susan was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2022 in the fields of Employment Law—Management; Health Care Law; and Labor Law—Management. Susan has been listed in Best Lawyers since 1987.

    Susan was also recognized for exceptional standing in the legal community in Chambers USA: America's Leading Lawyers for Business 2016 for Healthcare (New York). She has also been recognized in Chambers USA in previous years. 

    In addition, she is recognized as a “Super Lawyer” in Employment & Labor law based on an annual peer-review survey by New York Super Lawyers magazine.

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