PROFESSIONALS
[] Kenneth D. Kleinman

Shareholder
Labor & Employment
Environmental

Philadelphia
215.751.1946
610.371.7975 fax
kdk@stevenslee.com

Ken is recognized as one of the leading experts in occupational safety and health matters and publishes regularly in this area. Ken is co-editor of the nationally recognized treatise, Occupational Safety and Health Law, published by the American Bar Association and the Bureau of National Affairs. He has successfully negotiated or tried dozens of high-profile, six-figure OSHA citations, including cases involving fatalities, multiple-employer work sites and criminal prosecutions. Ken is also a former Management Chair of the ABA Occupational Safety and Health Committee of the Labor and Employment Law Section. 

Ken also represents management in the labor relations and employment litigation fields. In the much-publicized Paralegal v. Lawyer, he represented the lawyer after the lawyer, who had initially represented himself, lost the liability phase of his case. Ken convinced the jury to award zero damages. He has also successfully tried numerous employment cases in state and federal courts, including a week-long ERISA trial which resulted in costs being awarded to his client and a two-week-long wrongful discharge trial in which the jury awarded damages to the company defendant Ken represented. Ken also assisted a client that moved from Philadelphia to the suburbs to successfully withdraw recognition from Teamsters Local 115, one of the most powerful unions in Philadelphia. He is experienced in litigating restrictive covenant matters in Pennsylvania and New Jersey. He successfully defended an employer in Montgomery County that hired an employee subject to a non-compete clause in a week-long preliminary injunction trial, and has enforced non-compete clauses against employees who attempted to breach their agreements.

Ken was a law clerk to the Honorable Walter Jay Skinner, United States District Justice for the District of Massachusetts. As published in Philadelphia magazine, Ken was recognized as a Pennsylvania Super Lawyer in 2004, 2005 and 2006 by being selected by his peers as among the top 5 percent of lawyers in the Commonwealth.

Education:
Harvard Law School, J.D., magna cum laude, 1979
Cornell University, B.S., summa cum laude, 1976

Bar Admissions:
Pennsylvania

Court Admissions:
U.S. Court of Appeals for the Third Circuit
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania

Selected Publications:

  • Occupational Safety and Health Law. Co-Editor. American Bar Association and the Bureau of National Affairs.
  • "The Intersection of Employer and Employee Responsibility: The Burdens of Showing Employer Knowledge and Employee Misconduct." University of Pennsylvania Journal of Labor and Employment Law. Vol. 7.3 (Spring 2005). Co-author.

Selected Speaking Engagements:

  • "What to Do When OSHA Calls." American Bar Association-Continuing Legal Education Nationwide Webcast. October 14, 2005.
  • "OSHA Enforcement Initiatives/Alliances." The Precast Concrete Institute. Atlanta, GA, October 2004.
  • "Ethical Problems for Labor Lawyers." The Pennsylvania Bar Institute. Philadelphia, PA, October 2004.
  • “The Intersection between Employer and Employee Responsibility: Burdens of Showing Employer Knowledge and Employee Misconduct.” The University of Pennsylvania Journal of Labor and Employment Law Annual Symposium on the Occupational Safety and Health Act. February 2004.
  • "The Occupational Safety and Health Act."  Federalist Society Labor and Employment Group Seminar on Labor & Employment Policy and the Law of Unintended Consequences. October 2001.

Professional and Civic Affiliations:
American Bar Association, Labor and Employment Law Section OSHA Committee, Past Management Chair
Cornell University School of Industrial and Labor Relations Alumni Association, Former President
Pennsylvania Bar Association
ActionAIDS, President, 1994-1996; Board Member, 1988-1996

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