Government and Regulatory
Litigation and Dispute Resolution
Alternate Dispute Resolution
Employment and Labor
Professional Liability Litigation
Blockchain Technology & Digital Currency
Georgetown Law Center, LL.M.
Georgetown Law Center, Certificate in Employee Benefits Law
Benjamin N. Cardozo School of Law, J.D.
Manhattan College, B.S.
José has extensive experience in:
In the professional liability insurance arena, Jose advises on D&O, Fiduciary, and EPL insurance issues. As a former claims director at a major insurance carrier, he fully understands the triad relationship between the law firm, the client, and the insurance carrier and in litigation matters manages the relationships to produce optimal results for the trio involved. He has also acted as monitoring counsel and coverage counsel. Jose has provided advice to underwriters on a variety of provisions of the insurance policy and taught underwriters on spotting red flags and mitigating risks.
José's experience extends to advising his clients on a myriad of labor and employment issues, including, but not limited to: discrimination, retaliation, wrongful termination, restrictive covenants, exempt and non-exempt employees, over-time, and sexual harassment. He has also drafted employee handbooks and executive compensation agreements.
Vice-Chair of the Fiduciary Responsibility, Administration, and Litigation Committee by the American Bar Association Section of Real Property, Trust and Estate Law
Rising Ground (formerly Leake and Watts Services, Inc.), President of the Board of Directors – See New York Stock Exchange Welcomes Rising Ground on June 22, 2018
The Center for Family Support, Member of the Board of Directors
Benjamin N. Cardozo School of Law, Officer of the Executive Committee of the Cardozo Alumni Association
"DOL Regulations Affecting ERISA Litigation and Insights on the Future of ERISA in the Trump Era," ACI ERISA Litigation, November 15, 2018
"DOL Investigations of Employee Benefit Plans: Navigating Enforcement Actions, Audits and Settlements," Strafford Webinar, November 7, 2018
"Conquer Retirement Plan Challenges in 2019 - Part II: How to Address Current Legal Issues Facing Fiduciaries," Cardozo Law School, November 1, 2018.
"Meet the Enforcers - A Sexual Harassment Seminar," Cardozo Law School, New York, NY, October 30, 2018
"How to Effectively Handle a U.S. Dept of Labor Investigation of Your Group Health Plan," ECFC SYMPOSIUM, San Diego, California, August 7-9, 2018.
"Defined Contribution Plans," Advanced Trustees and Administrators Institute, International Foundation of Employee Benefit Plans, Las Vegas, Nevada, June 25-27, 2018.
"Recent Developments in Private Company D&O," 14th Annual D&O Insurance ExecuSummit, Uncasville, CT, May 2, 2018.
"Protecting Fiduciaries: Insurance, ERISA Bonding, and More," Worldwide Employee Benefits Network (WEB) New York, February 15, 2018, at 12 pm.
"Conquer Retirement Plan Challenges in 2018," CKR Law, LLP, New York, NY, February 2018.
"Defined Contribution Plans," International Foundation of Employee Benefit Plans Advanced Trustees and Administrators Institute, Orlando, FL, February 2018.
Author, "The Ins And Outs Of ERISA Fiduciary Insurance," Law 360, 2018.
Author, "ERISA Fiduciary Insurance," Practice Note, LexisNexis, 2018.
Co-author, "Specific Corporate Compliance Challenges by Practice Area: ERISA," chapter in Corporate Compliance Practice Guide: The Next Generation of Compliance, Lexis (updated) 2018.
Author, "Take Advantage of the DOL's Voluntary Fiduciary Correction Program," Our Voices, CKR Law, LLP, 2018
Author, "Fiduciary Status First Before Navigating the Complex Rules Under ERISA," Worth Covering: News, Tips, and Thoughts for Professional Liability Carriers, 2017
Author, “’I will get by, I will survive...’ -- Age Discrimination Case Survives Summary Judgment,” Worth Covering: News, Tips, and Thoughts for Professional Liability Carriers, 2016
Author, “Dear Prudence, Won’t You Come Out to Play? Dear Prudence, Greet the ERISA Litigation of the Day…,” Worth Covering: News, Tips, and Thoughts for Professional Liability Carriers, 2016
Author, "ERISA Fiduciary Considerations When Incorporating Alternative Investments in Your Pension Plan's Portfolio," Cardozo Law Alumni Quarterly (Jan. 2015)
Author, "What Is the Correct Standard of Prudence in Employer Stock Cases," New York University Review of Employee Benefits and Executive Compensation, Chapter 1B (Alvin D. Lurie ed., 2012)
Author, "ERISA Prudence and Employer Stock: What's the Correct Standard of Prudence?," John Marshall Law Review, August 2012
Author, "Legal Insight – COBRA," Employee Benefits section in the online XpertHR US Employment Law Manual, XpertHR, 2012.
Author, "Legal Insight – ERISA," Employee Benefits section in the online XpertHR US Employment Law Manual, XpertHR, 2012.
Author, "Federal Employer Liability Concerns in Employee Management," Employee Management section in the online XpertHR US Employment Law Manual, XpertHR, 2012.
Co-author, "Hot Topics in ERISA Litigation: From Ongoing Class Action Challenges to the Upcoming Fee Disclosure Deluge," chapter in Inside the Minds: Recent Changes in Employee Benefits and Executive Compensation, January 2011
Co-author, "International Law Firm Network," chapter 3 in International Corporate Practice: A Practitioner's Guide to Global Success, Practising Law Institute, 2009
Co-author, "The Recovery Act's Mechanism to Stimulate the Economy Requires Adjustment: Is More Legislation the Answer?" Pension & Benefits Reporter, March 2009
Co-author, "Modernization of the Section 403(b) Plan and Its ERISA Implications," Pension & Benefits Reporter, July 2008
Co-author, "ERISA's Fiduciary Duties: Meeting the 'Reasonable' Contract and Fee Requirements, "Pension & Benefits Reporter, April 2008
Co-author, "Subprime Mortgage Crisis Impacts ERISA Plan Investment In Employer Stock," Journal of Compensation and Benefits, 2008
Co-author, "Plan Sponsors Impacted by Hidden 401(k) Fee Litigation," Journal of Compensation and Benefits, 2008
Co-author, "Litigating Claims of Discrimination in Employee Benefits," ALI-ABA, 2003
Assisted in preparation of "ERISA Fiduciary Self-Audit Overview and Checklist," Practising Law Institute, 2003
"DOL Guidance—Easing the Paperwork Burden," NY Employment Law Letter, 2002
"ERISA Recovery by Insurer Against Insured Limited to Equitable Remedies," NY Employment Law Letter, 2002
"Bad Employment Record Is not Excused by Supervisor's Racial Comments," NY Employment Law Letter, 2001