Melissa A. Barahona’s practice focuses on all aspects of employment-related and commercial litigation before federal and state courts, administrative agencies and alternative dispute resolution bodies. Her employment experience includes defense of claims of discrimination, harassment/hostile work environment, and retaliation; disputes involving the enforcement of employment contracts and restrictive covenants; and tort claims arising out of the employment relationship, such as breach of fiduciary duty, unfair competition and tortious interference. Her commercial litigation experience includes high-stakes disputes involving business torts and breach of contract.
Melissa also advises clients on a broad variety of issues, including terminations and other disciplinary actions; employment and separation agreements; investigations of alleged harassment and other employee misconduct; employment policies and practices; and litigation avoidance.
Melissa also devotes her time to a number of pro bono matters. She has represented clients seeking asylum, as well as clients in matrimonial and custody matters.
Melissa has been recognized by Chambers USA where clients describe her as “very smart” and note that she “offers great insight,” by Diversity Journal as a Woman Worth Watching, by Latino Leaders Magazine as a Latino Lawyer to Keep on the Watch, by Super Lawyers as a Rising Star and by Best Lawyers on its Ones to Watch list.
Work Highlights:
Non-Competition Agreements and Restrictive Covenants
- Douglas Elliman Realty in a suit against one of Elliman’s former managers and a
competitor firm involving a wrongful scheme to move a dozen agents to the competitor
firm. We won a $3.8 million jury verdict on behalf of Elliman, including $2.5 million in
punitive damages.
- Northwell Health, one of the largest hospital systems in the U.S., in a lawsuit to
enforce employment agreements, including covenants not to compete.
- XPO Logistics and GXO Logistics in multiple state and federal court litigations
stemming from disputes over warehouse management services contracts,
transportation contracts, theft of trade secrets and non-compete agreements.
- mGage, a global mobile messaging company, in obtaining a preliminary injunction
from the Southern District of New York enforcing restrictive covenants and enjoining
former employees from working for any competitor and from soliciting any
employees, clients, suppliers, customers or business prospects of mGage, among other
restrictions.
Discrimination and Sexual Harassment
- A Chinese-American woman in a sexual harassment and discrimination complaint
against a Chinese-based investment bank and two of its employees. The matter settled
prior to trial.
- An employee at Dentons, the international law firm, in defense of claims of sexual
harassment, a highly publicized “#MeToo” claim.
Updated Aug 2023
