Barclay Damon
Barclay Damon

Randolph C. Oppenheimer

Randolph C. Oppenheimer

Partner

p: 716-858-3780

f: 716-768-2780

icon_email roppenheimer@barclaydamon.com
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Buffalo Office

The Avant Building
200 Delaware Avenue
Buffalo, New York 14202

Randolph Oppenheimer is a litigator having more than 38 years of experience representing clients before state and federal courts, administrative and regulatory bodies, and in arbitration and mediation proceedings. Randy handles a wide array of commercial, labor, employment and other complex litigation.

Randy is Co-Chair of the firm’s Commercial Litigation Practice Area.

Randy is a member of the Panel of Mediators appointed by the United States District Court for the Western District of New York. He also is a certified commercial mediator for the New York State Supreme Court - Eighth Judicial District (which includes Erie, Allegany, Cattaraugus, Genesee, Niagara, Orleans and Wyoming counties).

Representative Experience

  • Represented non-profit and for-profit health care organizations in defense of discrimination claims based on age, sex, race, religion, gender, disability, harassment, national origin and retaliation theories brought by individuals and groups of individuals in federal and state court and with the NYS DHR and the EEOC.
  • Represented non-profit and for-profit health care organizations in connection with union organizing efforts, collective bargaining, and in defense of unfair labor practice charges.
  • Represented business clients and governmental agencies in defense of discrimination claims based on age, sex, race, religion, gender, disability, harassment, national origin and retaliation theories brought by individuals and groups of individuals in federal and state court and with the NYS DHR and the EEOC.
  • Represented business clients in connection with union organizing efforts, collective bargaining, and in defense of unfair labor practice charges.
  • Represented Towns and governmental agencies in connection with collective bargaining, and in defense of unfair labor practice charges.
  • Represented clients before OSHA with respect to alleged violations of NYS and federal safety regulations.
  • Represented employers before the NYS and federal Departments of Labor with respect to the defense of charges and in connection with compliance matters.
  • Mediated cases for the federal and state courts as selectee of the parties and their counsel, in matters involving employment, commercial and intellectual property issues.
  • Represented a B2B technology company defending a race discrimination claim, establishing that a Plaintiff alleging discrimination placed her mental condition in controversy sufficient to permit discovery of her medical records and a mental examination under F.R.C.P. 35(a) by pleading more than “garden variety emotional distress.”
  • Represented a Toronto-based designer of products sold in 75 countries to enforce a settlement agreement reached during mediation, barring manufacture of an infringing design.
  • Represented a condemnee against a condemnor who was deemed to have abandoned the project, resulting in settlement payment to Plaintiff. 
  • Represented the President of public company in breach of contract arbitration resulting in $5.2 million dollar award.

Practice Areas

Education

  • University of Vermont, B.A., 1976
  • Case Western Reserve University School of Law, J.D., 1979

Admitted To Practice

  • New York, 1980
  • U.S. District Court, Western District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Court of Appeals, 2nd Circuit

Memberships & Affiliations

  • American Bar Association
  • New York Bar Association
  • Erie County Bar Association
  • Society of Human Resource Managers
  • Buffalo Niagara Human Resource Association
  • Labor and Employment Research Association of WNY

Civic Activities

  • Legal Services for the Elderly, Disabled and Disadvantaged of Western New York,  Board of Directors
  • Friends of the Lower Great Lakes Fishery Resources Office (U.S. Fish and Wildlife Service), Board of Directors

Speaking & Publications

  • "Eliminate Hiring Mistakes," Job Service Employer Committee, January 19, 2017
  • "When Does the Federal Arbitration Act Preempt N.Y. General Business Law, " New York State Bar Association, April 1, 2016

Honors

  • Business First of Buffalo, 2015, 2017 Legal Elite of Western New York
  • The Best Lawyers In America for Employment Law - Management; Labor Law – Management; and Litigation - Labor & Employment
  • Selected by Peer Review for Inclusion in Super Lawyer Directory for Labor & Employment, Litigation- Defense
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability
  • Business First of Buffalo, "Who's Who in Law" List
  • "Who's Who in American Law"
  • Empire State Counsel

Prior Experience

  • Damon Morey LLP, Partner

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