Portrait of Rod Biermann

Rod Biermann

Principal

Rod Biermann has experience representing employers, executives, partners and professionals in a wide variety of employment-related claims and issues. His employment law practice focuses on three primary areas: representing employers, executive compensation and sexual harassment prevention education.

Employer Representation: Rod frequently acts as outside general counsel, handling a myriad of employment issues, such as internal employee claims, handbook review and drafting, termination consulting (including RIFs), litigation of complex employment matters in both the Federal and State Court. He is also experienced with arbitrations and mediations, including wage and hour violations, claims of discrimination, hostile work environment, retaliation, disability, restrictive covenant breaches and workers’ compensation claims. He has defended companies in New York State Department of Labor and New York State Department of Taxation and Finance claims and audits, from inception to appeal.

Executive Compensation: Rod has significant experience in drafting and negotiating complex employment agreements from both the employer and employee perspective, including drafting and negotiating executive-level severance agreements, employment contracts and consultation agreements.

Sexual Harassment Prevention Education: Rod has been advising his clients on sexual harassment prevention for years and, pursuant to the new law in New York, provides companies’ employees and management with the tools to navigate the post #MeToo era workplace through a customized and interactive presentation that also meets the specific New York State legal requirements.

In addition, Rod has experience conducting employment law audits to determine whether a company follows all up to date employment law mandates and has experience vigorously defending small and large corporations against the New York State Department of Labor audits.

Rod is a frequent employment law lecturer and keynote speaker at conferences, legal bar associations (as CLEs), executive organizations, trade groups, committees and companies in all areas of employment law, including sexual harassment education and prevention, executive compensation, discrimination avoidance, hostile work environment recognition and prevention, retaliation prevention, federal and state wage and hour litigation avoidance, reduction in force process, employee termination and hiring compliance and strategies and severance and release drafting and enforcement.

    Education

    • City University of New York School of Law (J.D.)
    • University of Illinois Urbana-Champaign (B.A.)

    State Bar Admissions

    • New York

    Court Admissions

    • United States Court of Appeals for the Second Circuit
    • United States District Court for the Southern District of New York
    • United States District Court for the Eastern District of New York

    Professional Affiliations

    • Federal Bar Council, Member
    • Litigation Section, American Bar Association, Member
    • Labor and Employment Section, American Bar Association, Member
    • Labor and Employment Law Committee, New York City Bar, Member
    • Trial Lawyers Section, New York State Bar Association, Member
    • Federal Courts Committee, New York County Lawyers’ Association, Member
    • Labor Relations, and Employment Law Committee, New York County Lawyers' Association, Member
    • New York City Law Review, City University of New York, Former Editor

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  • Biography
  • Videos

Firm Highlights

  • Podcasts
    Artful Donations: Exploring Museum Exchange
    In this episode of The Legal Canvas, host Caryn Keppler welcomes Robert Wainstein and Michael Darling, co-founders of Museum Exchange, the first digital platform dedicated to facilitating art donations to museums and nonprofit institutions across North America. Together, they explore how technology is transforming the way collectors, artists, estates, and cultural organizations connect through charitable giving. Robert and Michael explain the inspiration behind Museum Exchange, the challenges they set out to solve, and how the platform has grown into a network of more than 400 museums. They walk listeners through the donation process—from evaluating artwork and matching donors with institutions to handling logistics, documentation, and tax considerations. Along the way, they discuss the realities of museum collecting, why many donations are declined, and how thoughtful placements can help preserve artists' legacies while expanding access to important works of art. The conversation also explores Museum Exchange's work with living artists, artist estates, hospitals, universities, and smaller regional museums, as well as the launch of the Charis Foundation for the Arts, a nonprofit designed to steward significant collections before placing them with institutions that can best benefit from them. Robert and Michael conclude by sharing their vision for the future of charitable art transactions and how Museum Exchange is helping reshape philanthropy in the arts for generations to come.