Douglas E. Motzenbecker

Partner

  • Office Contact Info
  • Biography

    Mr. Motzenbecker is a partner in Gordon & Rees' Florham Park office and a member of the Employment Law, ERISA, Insurance and Professional Liability Defense practice groups.

    Mr. Motzenbecker has extensive first chair trial and appellate experience defending management exclusively in employment discrimination actions (age, gender, race, sexual orientation, sexual harassment, and related cases) in state and federal court, and before the Equal Employment Opportunity Commission and state civil rights agencies.  He counsels employers on compliance with Title VII of the Civil Rights Act of 1964, the New Jersey Law Against Discrimination, the Family and Medical Leave Act, ERISA, and other employee rights matters, and with respect to restrictive covenants, reductions-in-force, employee handbooks, and other statutory and common law obligations affecting management. 

    Mr. Motzenbecker's professional liability litigation experience includes the defense of ERISA fiduciary, director and officer, insurance broker/agent, attorney, municipal, school board, and other professional liability matters. Mr. Motzenbecker also has experience with other complex litigation, including insurance coverage and securities. He has developed handbooks and guides for use by in-house counsel and insurance claims departments.

    Admissions

    New Jersey
    New York
    District of Columbia
    United States District Court, District of New Jersey
    United States District Court, Eastern and Southern Districts of New York
    United States Court of Appeals, Third Circuit
    United States Court of Appeals, District of Columbia Circuit

    Memberships

    American Bar Association, Section of Litigation:
    - Co-Chair, First Chair Press, August 2008 — present
    - Editor in-Chief, Litigation News, August 2006 — August 2008
    - Editor, Litigation News, November 1998 — August 2006
    Professional Liability Underwriting Society, member, 2006 — present
    Justice William, Brennan, Jr. American Inn of Court, Barrister, 1997-2001

     

  • Practice Areas
  • Publications & Presentations

    Publications

    Mr. Motzenbecker is an Associate Editor of Litigation News, a publication of the American Bar Association's Section of Litigation.  His publications include the following.

    Douglas E. Motzenbecker, Fundamentals of ERISA. Book drafted and being prepared for publication by the Section of litigation of the American Bar Association (First Chair Press), with publication anticipated in 2012.

    Douglas E. Motzenbecker, Divided Supreme Court Permits Class Action to proceed in Federal Court, ABA LITIGATION NEWS, Vol. 35 No. 4 (2010)

    Douglas E. Motzenbecker, High Court Undermines Precedent in Expanding Private Suits Under ERISA, WASHINGTON LEGAL FOUNDATION LEGAL BACKGROUNDER, Vol. 23 No. 25 (2008).

    Douglas E. Motzenbecker, ERISA-Related Securities Litigation Imposes Undue Burden on Pension Plans and Participants, WASHINGTON LEGAL FOUNDATION LEGAL BACKGROUNDER, Vol. 20 No. 28 (2005).

    Douglas E. Motzenbecker, Plaints Taxed on Attorneys' Fees Won For Wrongful Discharge, ABA LITIGATION NEWS, Vol. 29 No. 4 (2004).

    Douglas E. Motzenbecker, Ninth Circuit Holds Arbitration Act Provides Exclusive Standard of Review for Arbitration Awards, ABA LITIGATION NEWS, Vol. 29 No. 2 (2004).

    Douglas E. Motzenbecker, Supreme Court Rejects Direct Evidence Requirement in Mixed-Motives Cases, ABA LITIGATION NEWS, Vol. 29 No. 1 (2003).

    Douglas E. Motzenbecker, Court Adopts Detailed Analysis For Shifting Cost of Producing E-Mail, ABA LITIGATION NEWS, Vol. 28 No. 6, (2003).

    Douglas E. Motzenbecker, SEC Defers Final Rule on Noisy Withdrawal, ABA LITIGATION NEWS, Vol. 28 No. 4 (2003).

    Douglas E. Motzenbecker, Sixth Curcuit Finds Reverse Age Discrimination Actionable, ABA LITIGATION NEWS, Vol. 28 No. 1 (2002).

    Douglas E. Motzenbecker, Supreme Court Narrows ADA Again, ABA LITIGATION NEWS, Vol. 28 No. 1 (2002).

    Douglas E. Motzenbecker, States aimmune From Tolling Provisions in Federal Statute, ABA LITIGATION NEWS, Vol. 27 No. 6 (2002).

    Douglas E. Motzenbecker, SEC Will Defer Enforcement Actions Against Self-Correcting Violators, ABA LITIGATION NEWS, Vol. 27 No. 3 (2002).

    Douglas E. Motzenbecker, Court’s Docket of Employee Rights Cases Is Heavier Than Usual, ABA LITIGATION NEWS, Vol. 27 No. 2 (2002).

    Presentations

    Mr. Motzenbecker has presented numerous lectures on ERISA, employment practices liability, and insurance matters, including the following.

    Fundamentals of ERISA, author and presenter, accredited by the New York State Continuing Legal Education Board (2007)

    Assisted in developing the Fiduciary Liability Module of the Professional Liability Underwriting Society's Curriculum for insurance underwriters working toward the Registered Professional Liability Underwriter Designation

    Organizer and Lead Panelist, ERISA Overview, Panel Discussion, prepared on behalf of the Professional Liability Underwriting Society and presented in New York (2008)

  • Education

    Education

    J.D., Vermont Law School, 1985

    B.A., Economics, Muhlenberg College, 1982

    Honors

    AV® Preeminent™,
    Martindale-Hubbell

     

  • Languages
    • German