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
- Selected for the New York Metro edition of SuperLawyers for Business Litigation (2020-2022); 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.
- For 2022, Super Lawyers Recognizes 12 Lawyers in New York Metro Edition and 2 Rising Stars - Oct 11, 2022
- For 2021, Super Lawyers Recognizes 18 Lawyers in New York Metro and Rising Stars Editions - Sep 30, 2021
- For 2020, Super Lawyers Recognizes 17 Lawyers in New York Metro and Rising Stars Editions - Oct 28, 2020
- Super Lawyers Recognizes 15 Windels Marx Lawyers on New York Metro, Rising Stars Lists - Sep 12, 2019
- New York Metro Edition of Super Lawyers Recognizes 14 Lawyers - Sep 13, 2018
- Super Lawyers New York Metro 2016 Roster Announced - Sep 21, 2016
- Super Lawyers New York Metro 2015 Roster Announced - Sep 16, 2015
- New York Metro SuperLawyers Names 20 Windels Marx Lawyers to 2014 Edition - Sep 23, 2014
- Windels Marx Represented on Super Lawyers' List of Top Attorneys - Mar 25, 2014
- Windels Marx Secures Dismissal of Consumer Deceptive and Unfair Trade Practices Lawsuit Brought by the Attorney General of the State of Florida - Jun 28, 2012
- Employment & Employee Benefits
- Litigation & Alternative Dispute Resolution
- Appellate Litigation
- Commercial Litigation
- Employment Litigation
- Environmental & Toxic Tort
- Probate Litigation
- Insurance Litigation
- Real Estate Litigation
- Public Finance & Not-for-Profit
- J.D., Columbia University School of Law, 1973
- A.B., cum laude, Bowdoin College, 1970
- 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