About Matthew T. Miklave

Matthew Miklave

About Matt

A nationally recognized employment, civil rights and labor-relations advocate, Matthew Miklave has devoted his entire career to defending and protecting the interests of individuals; national and multinational businesses; state and local government officials and units of government; and non-profit and charitable organizations. Over the course of more than 30 years, Matt has been a prominent figure in courtrooms and administrative agencies throughout the United States, representing clients with unwavering dedication. He has been the principal attorney on briefs for a groundbreaking civil rights case that resulted in a unanimous decision by the United States Supreme Court in favor of his client.

Matt is also an accomplished speaker, having presented to various groups such as government decision-makers, legal organizations, professional associations, and human resources entities nationally and internationally. His topics cover a broad range, including the impact of COVID-19 on businesses and individuals, international labor and employment implications of mergers and acquisitions, post-employment restrictions for businesses and individuals, access to polls for people with disabilities, and ethical considerations for government attorneys in litigation.

Moreover, Matt has appeared as an advocate in courts, administrative agencies and arbitration tribunals in California, Colorado, Connecticut, District of Columbia, Florida, Massachusetts, Michigan, New York, New Jersey, Oklahoma, Pennsylvania, Tennessee, Texas, and Washington (State). This extensive experience includes litigation under Title VII of the 1964 Civil Rights Act; the Americans with Disability Act; the Age Discrimination in Employment Act; the Multi-Employer Pension Protection Act; Constitutional “Tort” claims under the First, Fourth, Fifth, and Fourteen Amendments to the United States Constitution; the Help America Vote Act; the Sarbanes-Oxley Act; the Fair Labor Standards Act; the National Labor Relations Act; and individual, class, collective and coordinated actions in federal and state trial courts and before administrative agencies.


Matthew Miklave

Representative Cases & Decisions

Summarizing Matt’s career as an advocate is no easy feat, but a list of selected representative cases and decisions can be found here for reference.

Memphis Community School Dist v. Stachura, 477 U.S. 299 (1986) (landmark civil rights case addressing the calculation of damages for victims of government wrongdoing)

Lobosco v. New York Telephone Co., 96 N.Y.2d 312, 751 N.E. 2d 462, 727 N.Y.S.2d 383 (N.Y. Ct of App. 2001) (noted case dealing with the enforceability of employment handbooks as contracts)

Spratt v. Verizon Communications, Inc., 633 Fed. Appx. 72 2014 (2d Cir. 2016), affirming 2014 U.S. Dist. LEXIS 136696 (S.D.N.Y. 2014)

Spano v. United States Nuclear Regulatory Commission, 293 Fed. Appx. 91 (2d Cir. 2008)

Grossman v. Local 1118, Communication Workers of America, et al., 232 Fed. Appx. 70 (2d Cir. 2007)

Shider v. Communication Workers of America, Local 1105, et al., 2005 U.S. App. LEXIS 22361 (2d Cir. 2005)

Caldarola v. Spano, et al., 96 Fed. Appx. 772 (2d Cir. 2004)

Cobb v. Pozzi, et al., 363 F.3d 89 and 352 F.3d 79 (2d Cir. 2003), and 20 Fed. Appx 62 (2d Cir. 2001)

Ashjari v. NYNEX Corp., 1999 U.S. App. LEXIS 13968 (2d Cir. 1999)

DS Parent, Inc. v. Teich, 2014 U.S. Dist. LEXIS 6363 and 2014 U.S. Dist. LEXIS 16116 (N.D.N.Y. 2014)

Andaya v. Atlas Air, Inc., 2012 U.S. Dist. LEXIS 78654 (S.D. N.Y. 2012)

United States ex red. Anti-Discrimination Cir of Metro N.Y., Inc. Westchester County, 2009 U.S. Dist. LEXIS 35041 (S.D. N.Y. 2009)

Westchester County Corr. Benevolent Ass’n v. County of Westchester, 346 F. Supp. 2d 527 (S.D. N.Y. 2004)

Westchester Disabled on the Move, Inc v. County of Westchester, 346 F. Supp. 2d 473 (S.D. N.Y. 2004)

Rodolico v. Unisys Corp., 189 F.R.D. 245 (E.D. N.Y. 1999), 96 F. Supp. 2d 184 (E.D. N.Y. 2000), and 199 F.R.D. 468 (E.D. N.Y. 2001)

Publications, Programs & Presentations

Matt has become a leader in the advocacy field, renowned for his expertise and contributions. His extensive knowledge is exemplified through various published works featured by prominent papers and presentations given to esteemed organizations nationwide.

CLE Programs

What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants (Update) (Oct. 4, 2021 and OnDemand), with Ian Clarke-Fisher, a survey of state and federal laws regulating non-competes and post-employment restrictions, with a focus on corporate transactions. https://www.lawline.com/course/what-corporate-lawyers-need-to-know-about-non-competes-and-restrictive-covenants-update (last accessed Jan. 18, 2022)

“Advanced Legal Issues Under the NYS and NYC Human Rights Law” (Sept. 17, 2020 and OnDemand), an advanced course focusing on recent legislation expanding the reach, remedies and challenges presented by the most “progressive” state and local civil rights laws in the United States. https://www.lawline.com/course-center/advanced-legal-issues-under-nys-nyc-human-rights-law

U.S. Labor and Employment Implications of International Business Transactions (an Update),” (Sept. 28, 2018 and OnDemand), an examination of ways in which international business transactions implicate U.S. labor and employment statutes and the international reach of these laws. https://www.lawline.com/course/us-labor-and-employment-implications-of-international-business-transactions-update-2

An Overview of the New York State and New York City Human Rights Laws (an Update)” (Feb. 8, 2018 and OnDemand). An introductory course on the expansive reach of New York State’s and New York City’s Human Rights Laws, purportedly the most far-reaching civil rights laws in the United States. https://www.lawline.com/course/an-overview-of-the-new-york-state-and-city-human-rights-law-update-2


Matthew T. Miklave, Ian Clarke-Fisher, and Sandra Lautier, Pre-litigation Steps in Trade Secret Misappropriation and Breach of Restrictive Litigations, Lexis Practice Advisor (2022), available at https://rc.com/upload/Pre-litigation-Steps-in-Trade-Secret-Misappropriation-and-Breach-of-Rest.pdf (accessed Jan. 21, 2022). 

Matthew T. Miklave, (Pot) Clouds on the Horizon:  Workplace Claims Inevitable Under Medical Marijuana Act, 19 Connecticut Law Tribune (2014), available at https://www.law.com/ctlawtribune/almID/1202665091784/workplace-claims-inevitable-under-medical-marijuana-act/ (accessed Jan. 18, 2022, paywall)

Brandon M. Fitzgerald, Interview, Does the Supreme Court’s Ricci Decision Imperil Diversity Programs?, Diversity & The Bar (Jan/Feb. 2010), available at https://www.mcca.com/mcca-article/does-the-supreme-courts-ricci-decision-imperil-diversity-programs/ (accessed Jan. 20, 2022)

Matthew T. Miklave, Employee Free Choice Act:  Reexamining the Duty to Bargain, 241 New York Law Journal 4 (2009), available at https://www.law.com/newyorklawjournal/almID/1202430527611/employee-free-choice-act-reexamining-duty-to-bargain/  (accessed Jan. 18, 2022, paywall)

“Designing a Return-to-Work Structure,” co-authored with Joseph A. Barra, published in the July/August issue of PE, the flagship publication of the National Society of Professional Engineers (July 1, 2020), available at https://www.nspe.org/resources/pe-magazine/recent-issues/july-2020

“Pre Litigation Steps for Trade Secret and Non Compete Cases,” published in Lexis Practice Advisor, co-authored with Ian T. Clarke-Fisher and Sandra Marin Lautier (Updated, September 2020)

“Employment Law: Workplace Claims Inevitable Under Medical Marijuana Act,” published in Connecticut Law Tribune (July 29, 2014)

“Does the Supreme Court’s Ricci Decision Imperil Diversity Programs?” published in Diversity & the Bar (February 1, 2010)

“Employee Free Choice Act: Reexamining the Duty to Bargain,” published in the New York Law Journal (May 8, 2009)


COVID-Related Considerations for Nonprofit Employers,” a presentation for the Pro Bono Partnership of Westchester (NY) and Fairfield (CT) Counties, and Connecticut (Feb. 10, 2021 and OnDemand),  https://www.probonopartner.org/publications/covid-related-legal-considerations-for-nonprofit-employers/

Legal Considerations for Reopening Connecticut Nonprofits to Employees and the Public After COVID-19,” a presentation for the Community Foundation of Greater New Haven, the Hartford Foundation for Public Giving and the Pro Bono Partnership of Connecticut (July 1, 2020), https://www.probonopartner.org/learning-center/upcoming-workshops-webinars/reopening-ct-after-covid-19/

“COVID-Related Legal Considerations for Nonprofit Employers,” a Webinar for the Pro Bono Partnership (New York and Connecticut), (February 2021), available for on-demand viewing here.

Visit the Pro Bono Partnership here at https://www.probonopartner.org/

“A Community Conversation: Identifying and Addressing the Challenges from Overworked or Traumatized Workers,” an interactive Town Hall meeting hosted by Robinson+Cole (October 15, 2020)

“Advanced Legal Issues Under NYS and NYC Human Rights Law,” a continuing legal education program by LawLine (September 17, 2020) https://www.lawline.com/course/advanced-legal-issues-under-nys-nyc-human-rights-law

“Employment Issues Related to Teleworking,” a program sponsored by the United States Department of Commerce as part of its “Coronavirus Special Topic Conference Calls Series” (March 26, 2020) https://www.ctexporters.com/special-topics-conference-calls/ (and scroll down to March 26 program)

“What Corporate Lawyers Need to Know About Non-Competes and Restrictive Covenants,” co-presented with Ian T. Clarke-Fisher, a continuing legal education program by LawLine (October 4, 2019)

“Avoiding Employment Pitfalls,” presented during the annual conference of the Northeast Regional Tax Collectors & Treasurers Association (September 24, 2019)

“2018 Legal Update,” presented during a meeting of the Human Resources Professional Association of Nonprofit Organizations (HRPANO) of New York (November 15, 2018)

“U.S. Labor and Employment Implications of International Business Transactions (Update),” co-presented with Ian T. Clarke-Fisher, a continuing legal education program by LawLine (October 2, 2018)

“An Overview of the New York State and City Human Rights Law,” a continuing legal education program by LawLine (February 9, 2018)

Public & Community Service

Matt’s dedication transcends the practice of law. Throughout his career, he has actively contributed to his community. In recent times, Matt has proudly supported the following community organizations:

Pro Bono Employment Counsel, the Norwalk Symphony Orchestra Society (2019 to present)

Elected Member, Norwalk Common Council, 2001-2007, 2011-2013

  • Chair, Planning Committee, 2001-2007 (responsible for legislative approvals and advancement of economic development projects totaling more than $500,000,000.00; oversight of Community Development Block Grant Program)
  • Council President, 2002-2003 (as a freshman legislator, elected by peers to serve as lead spokesperson for 15-member Council)

Member, Board of Directors, Norwalk River Rowing Association, 2008-2011 (not-for-profit community-based rowing association devoted to making the sport of crew and racing open to all regardless of ability or disability)

Pro Bono Legal Counsel, Glasswing International U.S.A., 2008-2014 (a humanitarian organization based in New York City and San Salvador, El Salvador, devoted to improving the lives of the people of Central America through education and health care reform)

United Way of Norwalk and Wilton, Inc., Board Member (2008-2011), Board Secretary (2010-2011)

Education & Professional Data


The University of Notre Dame (Juris Doctor)

  • Awards and Honors: A Harold Weber Award for Appellate Advocacy; William T. Kirby Award for Brief Writing; Member, National Moot Court Team.

The American University (B.S., Cum Laude, Political Science)

  • Department Honors recipient, School of Government and Public Administration. Honor Thesis, Congressional Incumbents and Party Realignments, 1850-1980 (American University, 1981)

Professional Data

Admitted to practice in New York and Connecticut, and before the United States Supreme Court; the United States Court of Appeals for the Second Circuit; the United States District Courts for the Southern, Eastern, and Northern District of New York; the United States District Court for the District of Connecticut.

Named by Human Resources Executive and LawDragon.com to the “Top 100: The Nation’s Most Powerful Employment Attorneys” (2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 and 2020).

Named by Best Lawyers in America© in the fields of labor and employment (2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020).

Named to Connecticut Super Lawyer (2015, 2016, 2017, 2018, 2019 and 2020).