Douglas E. Motzenbecker

Douglas Motzenbecker is a partner in GRSM’s Livingston office and a member of the Employment Law, ERISA, Cyber, Privacy & Data Security, Insurance and Professional Liability Defense Practice Groups.

Douglas 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.

Douglas’ 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. Douglas 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

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

J.D., Vermont Law School, 1985

B.A., Economics, Muhlenberg College, 1982

Honors

AV® Preeminent™,
Martindale-Hubbell*

Best Lawyers in America® distinction in Insurance Law (2023-2025)*

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
A description of the Martindale-Hubbell selection methodology can be found at:
https://www.martindale.com/ratings-and-reviews/.
A description of Best Lawyers selection methodologies can be found at:
https://www.bestlawyers.com/
methodology.

• German