Clayton Giles

Clayton Giles

Member

Email

cgiles@gileslawfirmllc.com

Phone

929-392-7648

Biography

Clay brings over 23 years of experience in complex commercial litigation and labor and employment law. He has served as lead counsel in numerous cases in both state and federal courts, handling issues relating to the Law Against Discrimination, Americans with Disabilities Act, False Claims Act, Conscientious Employee Protection Act, and more. Clay also provides counsel on severance negotiations, noncompete and nondisclosure agreements, the Family and Medical Leave Act, pension matters, grievances, and wage and hour law issues.

Clay has extensive corporate expertise and offers strategic advice to mid-market firms across various areas, including corporate governance, deal negotiations, capital raising, and buyouts.

In addition to his legal practice, Clay is a financial damages expert with Axia Advisors, LLC. There, he provides expert opinions on damages in various litigation matters, including commercial disputes, securities fraud, intellectual property, and trusts and estate matters. He also serves as a consulting expert in accounting malpractice cases and commercial and securities litigation, and he conducts internal fraud investigations.

Clay is licensed to practice in New York, New Jersey, and Illinois. He is a member of the New York State Bar Association and co-author of the book “Winning with Financial Damages Experts: A Guide for Litigators.”

Admissions

  • New York
  • New Jersey
  • Illinois
  • U.S. District Court – Southern District of New York
  • U.S. District Court – Eastern District of New York
  • U.S. District Court – District of New Jersey
  • U.S. District Court – Northern District of Illinois

Membership

  • New York State Bar Association

Education

  • DePaul University, College of Commerce, B.S., Accountancy, 1997
  • Rutgers Law School, J.D., 2002

Other Credentials

Besides practicing law, Clay is a financial damages expert with Axia Advisors, LLC, and serves as Of Counsel to the Law Offices of Joshua Parkhurst. He is the co-author of “Winning with Financial Damages Experts: A Guide for Litigators,” which features 15 interviews with respected attorneys and forensic accountants on using financial damages experts in civil litigation. Clay previously served as a Judicial Law Clerk for the Honorable Roger M. Kahn (Retired) of the Tax Court of New Jersey. Before law school, he was a senior accountant at Trebron Management Inc., formerly GynCor, Inc., a company that specializes in physician practice management.

Select Representations (Litigation)

  • Represented a restaurant owner in claims of retaliation and discrimination.
  • Advocated for a computer vision engineer in a whistleblower action under New Jersey’s Conscientious Employee Protection Act, Law Against Discrimination, and related fraud claims.
  • Assisted a healthcare professional in securing reasonable accommodations for a chronic medical condition.
  • Represented a New York importer, distributor, and retailer of high-end kitchenware in matters related to copyright infringement and disability-access claims under the Americans with Disabilities Act, New York State Human Rights Law, New York Civil Rights Law, and New York City Human Rights Law.
  • Defended a healthcare company in whistleblower and wrongful termination claims under the New Jersey Conscientious Employee Protection Act.
  • Represented a restaurant owner in wage-and-hour claims under the Fair Labor Standards Act and New York Labor Law.
  • Advocated for a property owner in claims of breach of contract, fraud, and Consumer Fraud Act violations against a demolition contractor.
  • Represented a federal government employee in age discrimination charges before the Equal Employment Opportunity Commission.
  • Advocated for an employee in retaliation claims under the New Jersey Earned Sick Leave Act.
  • Represented an employee in claims of disability discrimination, refusal to do business, and retaliation under the New Jersey Law Against Discrimination.
  • Assisted a restaurant owner in disputes over breach of contract and fraud relating to a buy-out agreement.
  • Represented “black car” drivers in breach of contract, fraud, and wage-and-hour claims under the Fair Labor Standards Act and New York State Labor Law.
  • Advocated for a whistleblower in False Claims Act litigation in New York.
  • Represented a general contractor in lien enforcement actions under the New Jersey Construction Lien Law.
  • Assisted buyers of residential real estate in claims of fraud and breach of contract against the seller.
  • Represented an author in breach of contract and fraud claims against a publisher and distributor.
  • Advocated for military veterans in claims under the Uniformed Services Employment and Reemployment Rights Act and discrimination and hostile work environment claims against a public employer.
  • Represented a commercial real estate brokerage firm in breach of contract and fraud disputes relating to a joint venture with a developer.
  • Assisted a Fire Code Official in whistleblower claims under the Conscientious Employee Protection Act involving Uniform Construction Code violations and a Department of Community Affairs investigation.
  • Represented the Social, Case, and Clerical Workers Union in good-faith appeals of county-wide layoffs.
  • Advocated for a white-collar union in good-faith appeals of city-wide layoffs.
  • Represented Police and Fire Officers’ Unions in good-faith appeals of demotions.
  • Advocated for Firefighters and Fire Officers’ Unions in petitions to compel permanent appointments to captain and battalion chief vacancies.
  • Assisted Firefighters’ Unions in securing permanent captain appointments with back-pay awards.
  • Represented public employees in complex major disciplinary appeals.