Paul B. Maslo
Paul leads Napoli Shkolnik’s Class Actions and Commercial Litigation Department. Prior to joining the firm as a partner in early 2016, Paul was a litigation associate at Boies, Schiller & Flexner.
Paul has extensive experience representing plaintiffs and defendants in litigation involving securities, employment issues, antitrust violations, business torts, contractual disputes, valuation, pharmaceuticals, consumer claims, and the sale of art. His cases are routinely covered by both the mainstream media—e.g., The New York Times, Los Angeles Times, The San Francisco Chronicle, USA Today, The Dallas Morning News, Reuters, and Bloomberg—and legal press.
For example, Paul is currently litigating several high-profile cases:
- He represents drivers in an action against Uber under the Fair Labor Standards Act in federal court in the Middle District of North Carolina. According to Reuters, this was one of the “top five wage-and-hour cases of 2017.” The main claim is that Uber misclassifies its drivers as independent contractors and that, as employees, they are entitled to minimum wage and overtime. Though attorneys from several law firms have attempted to certify a nationwide collective of Uber drivers, Paul is the only one that has succeeded. The opt-in period recently closed and over 5,200 drivers—out of approximately 17,800 who opted out of arbitration and are eligible to litigate their claims—have joined the case.
- He represents a business manager in a breach-of-contract action related to the non-payment of fees against a hip-hop/R&B artist in New York state court. Defendant is a top-selling performer who has won and been nominated for numerous awards (e.g., American Music, Grammy, Billboard, World Music, BET, Teen Choice, and MTV).
- He represents medical examiners in an FLSA action involving the performance of off-the-clock work against Quest Diagnostics in federal court in the Southern District of New York. In addition to certifying a nationwide collective including both independent contractors and employees, Paul obtained collective members’ contact information in pre-certification discovery (Quest contested the motion before the magistrate and district court judges) and successfully opposed Quest’s motion to take depositions before filing its opposition to certification. Significantly, in certifying the collective, the court rejected all of Quest’s arguments and ruled in Paul’s favor on every single point of contention. Notice recently went out to the collective and around 2,000 examiners have already joined the case.
- He represents drivers in a breach-of-contract action related to upfront pricing against Uber in federal court in the Northern District of California. In addition to successfully opposing Uber’s motion to dismiss, Paul certified a nationwide class consisting of all drivers who opted out of arbitration. Uber vigorously contested the motion for certification, including by submitting a voluminous expert report from an economist at U.C. Berkeley.
In addition to litigating complex cases, Paul has published in several of the country’s most well-regarded law reviews and legal journals, including the University of Pennsylvania Law Review, University of Michigan Law Review, New York University Journal of Law & Business, University of Michigan Journal of Private Equity & Venture Capital Law, University of Virginia Journal of International Law, Washington University Law Review, and Berkeley Journal of International Law. He also authored a chapter in a treatise published by Oxford University Press and has written articles in several professional journals.
Paul attended the University of Pennsylvania Law School and studied finance at the Wharton School of Business. He wrote his law school graduation paper under the guidance of the Honorable Kent A. Jordan, U.S. Court of Appeals, Third Circuit.
Before law school, Paul attended graduate school at Johns Hopkins University, where he studied biology. He also worked at Morgan Stanley and as a Grant-Funded Research Assistant at Harvard Medical School. As an undergraduate biology major in the College of Arts & Sciences at Cornell University, Paul was the recipient of research fellowships from Princeton University (awarded to less than 10% of the applicants) and Rockefeller University (awarded to less than 3% of the applicants). In addition, Paul was offered research fellowships at the Yale School of Medicine, California Institute of Technology, and University of California San Francisco School of Medicine.
Research that Paul contributed to at Harvard was presented at the International Conference on Yeast Genetics and Molecular Biology in Prague, Czech Republic and the Yeast Biology Meeting at Cold Spring Harbor Laboratory in New York.
- Bar Admissions
- New York
- United States Court of Appeals, Third Circuit
- United States Court of Appeals, Sixth Circuit
- United States Court of Appeals, Seventh Circuit
- United States Court of Appeals, Ninth Circuit
- United States District Court, Eastern District of New York
- United States District Court, Southern District of New York
- United States District Court, Western District of Texas
- University of Pennsylvania Law School (J.D., 2008)
- Wharton School of Business (Graduate Coursework in Finance, 2006-08)
- Johns Hopkins University (M.S., 2005)
- Cornell University (A.B., 2000)
- Awards and Honors
- Marquis Who’s Who in America, 2018-present
- Marquis Who’s Who in American Law, 2018-present
- New York Super Lawyers, Rising Stars, 2017-2018
- Media Appearances
- Spearmint Rhino, Dancers Asked To Weigh In On Epic’s Impact, Law360 (May 29, 2018)
- Attorney Scores Win in Quest Diagnostics Class Action Certification, Legal Reader (May 11, 2018)
- Wage-Hour-Class Actions- S.D.N.Y.: Nationwide Collective Action Challenges Pay Practices of Quest Diagnostics, Wolters Kluwer Employment Law Daily (May 1, 2018)
- DraftKings, FanDuel Users Want MDL Halted For Deal Talks, Law360 (April 11, 2018)
- Kibbles ‘n Bits dog food alleged to contain penobarbital, Legal Newsline (March 29, 2018)
- Uber driver alleges service fee deductions do not apply to Boost, Surge calculations, Legal NewsLine (March 23, 2018)
- Editorial: Fatal crash involving Uber is tip of iceberg, The Daily Courier (March 22, 2018)
- Smucker’s sued over alleged euthanasia drug in dog food, Reuters Legal (March 19, 2018)
- Smuckers Subsidiary Sued Over Drug In Dog Food, Law360 (March 16, 2018)
- Exotic Dancers, Club Chain Strike $8.5M Deal In Wage Row, Law360 (February 26, 2018)
- Uber Compensation Lawsuit Now A Certified Class-Action, Legal Reader (February 21, 2018)
- Uber class-action lawsuit over how drivers were paid gets green light from judge, Los Angeles Times (February 19, 2018)
- Uber Class Action, Courthouse News Service (February 17, 2018)
- Is Uber shortchanging drivers? As part of lawsuit, over 9,000 now say yes, ars TECHNICA (February 16, 2018)
- Uber Faces Driver Pay Class Action Over Upfront Pricing, Bloomberg BNA (February 16, 2018)
- Uber Ordered to Hand Over Driver Information,Bloomberg BNA (February 15, 2018)
- Uber Drivers Win Class Cert. In Fair-Share Pay Suit,Law360 (February 15, 2018)
- Alsup Certifies a Class Action of Uber Drivers in Suit Over Fees, The Recorder (February 15, 2018)
- Uber Drivers’ Pay Suit ‘Classic’ Class Action, Judge Says, Law360 (February 8, 2018)
- Uber Driver Pushes For Cert. In Suit Over Fares, Law360 (January 26, 2018)
- Banana Boat Looks to Ice False SPF Advertising Class Action, Law360 (January 10, 2018)
- Top five wage-and-hour cases of 2017, Reuters Legal (December 29, 2017)
- Uber Class Achieves Small Victory for Misclassified Gig Economy, Working Solutions NYC (August 4, 2017)
- Judge Calls Uber Argument ‘Counterfeit Logic’ in Driver Fee Case, The Recorder (August 1, 2017)
- Uber’s Upfront Pricing May Violate Driver Agreements,Bloomberg BNA (August 1, 2017)
- Judge Advances Uber Drivers’ Beef Over Pricing Scheme, Courthouse News (August 1, 2017)
- Uber Can’t Ditch Drivers’ Pricing Class Action, Judge Says, Law360 (August 1, 2017)
- Uber drivers win round over classification, The Orange County Register (July 14, 2017)
- Uber Drivers Score A Victory in Legal Fight, PYMNTS (July 14, 2017)
- Uber may face class-action lawsuit, San Francisco Chronicle (July 13, 2017)
- Judge certifies nationwide class of Uber drivers in FLSA case, Reuters Legal (July 13, 2017)
- How Nearly 20,000 Drivers Could Change Uber, Next City (July 13, 2017)
- Judges Gives Conditional Cert. of FLSA Class Against Uber, Law360 (July 13, 2017)
- Uber Says Drivers Are Ignoring Contract In Pricing Suit, Law360 (July 12, 2017)
- Uber Drivers Win Preliminary Class-Action Status in Labor Case, The New York Times (July 12, 2017)
- Ruling could let Texas Uber drivers join class-action suit seeking employee status, attorney says, The Dallas Morning News (July 12, 2017)
- Uber Drivers Win Preliminary Nod for Collective Lawsuit, Bloomberg BNA (July 12, 2017)
- Drivers Slam Uber’s Bid To Duck Pricing Model Class Action, Law360 (July 5, 2017)
- Uber Hits Back At Proposed Class Action Over Driver Fares, Law360 (June 20, 2017)
- Uber Driver May Proceed with Minimum Wage Claim, Bloomberg BNA (June 7, 2017)
- Is Uber Overcharging? Ride-Hailing Services Quotes Riders One Price, Pays Drivers Based On Another, International Business Times (May 3, 2017)
- Hamilton County Uber driver sues over contractor status, INDY Star [part of the USA Today Network] (April 18, 2017)
- How to tell when Uber is overcharging you, Quartz (April 5, 2017)
- Uber driver: Company isn’t paying the full 80% of a fare that I’m owed, ArsTechnica (February 22, 2017)
- Uber Sued by Driver for not Paying What was Agreed, ValueWalk (February 22, 2017)
- Honda sued over rodent-attracting soy wire insulation, Reuters Legal (January 12, 2017)
- Sole author, Following the Letter of the Law Into Absurdity: Why the Supreme Court’s Severability Rule Does Not Preclude Determining an Arbitration Provision’s Enforceability Under the Law Supplied by an Agreement’s General Choice-of-Law Clause, 166 University of Pennsylvania Law Review Online 273 (2018)
- Sole author, Immunocompromised: A Call for Courts to Redefine the Boundaries of the Absolute Immunity Doctrine’s Application to National Securities Exchanges, 11 New York University Journal of Law & Business 2 (2015)
- Co-author, A Complete View of the Cathedral: Claims of Tortious Interference and the Specific Performance Remedy in Mergers and Acquisitions Litigation, 3 University of Michigan Journal of Private Equity & Venture Capital Law 1 (2014)
- Sole author, Are the ICSID Rules Losing Their Appeal? Annulment Committee Decisions Make ICSID Rules a Less Attractive Choice for Resolving Treaty-Based Investor-State Disputes, 2 University of Virginia Journal of International Law Digest 54 (2014)
- Sole author, Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why § 10(b) Still Reaches Issuers of ADRs, 89 Washington University Law Review 477 (2011)
- Sole author, Definition of Investment: Gatekeeper to Investment Treaty Arbitration, 8 Berkeley Journal of International Law Publicist (2011)
- Sole author, The Case for Semi-Strong-Form Corporate Scienter in Securities Fraud Actions, 108 University of Michigan Law Review First Impressions 95 (2010); covered in 9 Securities Class Action Reporter 22 (Jan. 31, 2011)
- Co-author, Trends in International Investment Agreements, 2009/2010: Recent Steps in the Evolution of Bilateral Investment Treaties and the UNCITRAL Arbitration Rules, Chapter 2 in Karl P. Sauvant, Yearbook on International Law and Policy 2010/2011 (Oxford University Press) (2011)
- Sole author, 2015 Amendments to the Federal Rules of Civil Procedure: Furthering Rule 1’s Objectives of Expediency and Thrift, News for the Bar, Litigation Section of the State Bar of Texas (Winter 2015)
- Co-author, Protection of Work Product Shared With Outside Auditors, New York Law Journal (Dec. 16, 2010)
- Co-author, Credit Default Swaps in the Crosshairs, Law360 (Mar. 24, 2009)
- Co-author, 2008 ARS Fallout: the Last Wave?, Law360 (Nov. 3, 2008)
- Representative Cases and Settlements of Note
- Representing national grocery chain in price-fixing case against the largest tuna manufacturers in the world; and
- Representing pharmaceutical company against claims that it contracted with a supplier to prevent competitors from entering the market.
- Represented former President of a preeminent Manhattan art gallery in ten lawsuits involving the sale of inauthentic works of art attributed to famous abstract expressionist artists including Mark Rothko, Jackson Pollock, Willem de Kooning, Robert Motherwell, and Clyfford Still; and
- Represented art foundation in case to recover a multi-million-dollar painting stolen by deceased American artist’s bodyguard.
- Representing drivers in nationwide action alleging that international transportation company breached its contract to pay them the agreed-upon percentage of the fares they generate;
- Representing purchasers of ad-free email in nationwide action against an international technology company for breach of contract and deceptive practices;
- Representing college football players in action against their alma mater, the NCAA, and their athletic conference for causes of action related to concussions they suffered while playing;
- Representing consumers across the country in deceptive practices actions against sunscreen maker for misrepresenting products’ SPF; and
- Representing players in nationwide actions related to gambling against two fantasy sports companies.
- Representing pharmaceutical company in $200 million contractual dispute against a manufacturer that shirked its obligation to produce eye ointment so that it could instead go into business for itself;
- Representing team of private bankers in action related to former employer’s failure to pay deferred compensation and refusal to allow them access to an audited track record of unique investment strategy that they developed;
- Represented large hospice provider in action alleging violations of the False Claims Act with over $1 billion in possible damages and assisted in having the bulk of the claims dismissed at summary judgment;
- Represented co-owner and managing partner of national law firm in various partnership disputes;
- Represented national pharmacy in emergency litigation to prevent its distributor from cutting off its supply of controlled substances;
- Represented one of the largest juice bars in New York in action involving misappropriation of trade secrets;
- Represented maker of fuel cells in complicated contractual dispute with one of its former executives;
- Represented investment firm owner of large hospital chain in successful resolution of temporary restraining order filed by investors seeking to freeze hospitals’ assets;
- Represented Big-Four auditor in action alleging improper accounting of insurance loss reserves; and
- Represented Big-Four auditor in government investigation of the services it performed for a large software company.
- Representing drivers in ten separate actions under state law and the FLSA alleging that international transportation company misclassified them as independent contractors so that it could avoid its statutory obligations to pay drivers minimum wage and overtime;
- Representing medical examiners in nationwide action under state law and the FLSA against one of the largest diagnostics companies in the country alleging failure to pay minimum wage and overtime; and
- Representing entertainers in action under state law and the FLSA against their employer for failure to pay minimum wage and overtime.
- Representing municipalities across the country in actions against drug companies and distributors related to the opioid epidemic.
- Representing helicopter owners in action against manufacturer for defects related to cracking in the blades; and
- Representing automobile owners in various actions related to defective parts.
- Represented multi-billion-dollar international investment fund to favorable settlement in securities fraud action against Chinese media and advertising company and that company’s executives and outside auditor;
- Represented Fortune-500 global chemicals company to favorable settlement in securities fraud actions against two international investment banks regarding the sale of auction rate securities; and
- Represented former Chairman and CEO of international telecommunications and media company to favorable verdict in one of the largest securities fraud cases ever tried.
- Represented multi-billion-dollar hedge fund to favorable settlement in complicated contractual dispute regarding the valuation of its investment in another multi-billion-dollar hedge fund; and
- Represented co-founder and 50%-owner of beverage company in a judicial buyout proceeding that resulted in the court valuing client’s interest in the company at over $1 billion when defendant argued that the entire company was worth only $400 million.
- Other Experience
- Boies, Schiller & Flexner
- Pro Bono
- Represented gas station franchisee to settlement for full damages in action against large oil and gas company for violations of the Petroleum Marketing Practices Act.