Robert D. Mercurio

Counsel

New York, NY
156 West 56th Street
New York, NY 10019
P 212.237.1091 P 212.237.1091 | F 212.262.1215

Experience

Robert D. Mercurio has broad experience in the resolution of complex commercial and private litigation matters, including matters concerning a variety of contract issues, deceptive trade practices, employment claims, trust and estate administration, life and disability insurance coverage disputes, construction claims, and product liability actions. He has tried cases in state and federal courts, has substantial appellate experience, and also regularly works with clients to develop strategies to avoid or limit the scope of litigation.

Mr. Mercurio has significant experience in the coordination of complex litigation, including multi-district litigation, having represented clients as diverse as a major retailer of health food and vitamin products faced with over 500 nationwide product liability actions to a large and respected real estate developer facing scores of actions, including two class actions and a government investigation, alleging the breach of contracts governing certain amenities at its developments.

Mr. Mercurio has counseled and defended numerous public and privately held companies on employment issues, including matters concerning discrimination, accessibility and wage and hour issues. He has also developed significant experience in the representation of financial service industry executives in employment matters, including the negotiation of employment and separation agreements.

Mr. Mercurio has considerable experience in New York Surrogate's Court, representing family members in disputes arising out of the administration of trusts and estates and helping families achieve the amicable resolution of these often painful disputes.

Memberships & Professional Affiliations

  • Trustee of the Pine Grove Cemetery Association
  • Director, Center for Comprehensive Health Practice, 2011-2018
  • Advisory Director of the Friends of Dag Hammarskjold Plaza (a neighborhood civic association)
  • Member of the Sections on Litigation and Alternative Dispute Resolution of the American Bar Association
  • Fellow, Emeritus, Litigation Counsel of America

Recognition

  • Selected for the New York Metro edition of SuperLawyers for Business Litigation (2020-2023); also selected for Business Litigation, Employment & Labor and Civil Litigation: Defense (2006, 2013, 2019). 
  • Awarded the Thurgood Marshall Award by the Association of the Bar of the City of New York for his work as pro bono counsel on behalf of an inmate on death-row.

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Practices

Education

  • J.D., Columbia University School of Law, 1973
  • A.B., cum laude, Bowdoin College, 1970

Admissions

  • New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States Court of Appeals for the Second Circuit
  • United States Tax Court
  • United States Bankruptcy Court
  • United States Supreme Court