Sloane Ackerman

Counsel

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Sloan Ackerman

Sloane Ackerman represents employers in the full spectrum of labor and employment matters. She defends clients in high-stakes employment litigation and arbitration. Sloane’s practice also focuses on traditional labor matters under the Railway Labor Act and the National Labor Relations Act, including collective bargaining and labor arbitrations. Sloane also regularly advises employers in a wide range of operational and strategic labor and employment matters, including issues arising out of mergers and acquisitions.

In addition to Sloane’s extensive experience in the airline industry, she represents employers from nearly every sector of the economy, including financial services, insurance, professional services, media, technology, entertainment, apparel, gaming, healthcare and pharmaceuticals, and food and beverage.

Honors & Awards

  • Recipient of the Warren Christopher Values Award for exemplifying O’Melveny’s values of uncompromising excellence, distinctive leadership, and superior citizenship
  • Empire State Counsel Honoree (New York State Bar Association)

Admissions

Bar Admissions

  • New York

Court Admissions

  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the District of Columbia
  • US District Court for the Eastern and Southern Districts of New York

Education

  • New York University, J.D.: Research and Writing Editor, New York University School of Law Moot Court Casebook
  • Cornell University, B.S., Industrial and Labor Relations: Dean's List; Meinig Family National Scholar; National Society of Collegiate Scholars; Golden Key International Honour Society

Professional Activities

Member

  • New York State Bar Association

Former Member

  • Legal Department, National Basketball Association

Game Monitor

  • Officiating Department, National Football League

Author

  • “The Spread of Zika Virus: What U.S. Employers Should Know,” New York Law Journal (August 2016, co-authored with Erin P. Andrews)
  • “Violence in the Workplace: What Is An Employer’s Liability?,” New York Law Journal (October 2015, co-authored with Erin P. Andrews)
  • “3 Questions Employers Have About Ebola,” Corporate Counsel (October 2014)
  • “Five Tips For Employers To Fight Ebola,” Employment Law360 and Health Law360 (October 2014)
  • “Modernization For Aviation And Railway Industries,” Employment Law360 (February 2012, co-authored with Robert Siegel and Natasha L. Waglow)
  • “President Obama Signs FAA Modernization and Reform Act of 2012 Containing Amendments to the Railway Labor Act,” O’Melveny & Myers Client Alert (February 15, 2012, co-authored with Robert Siegel, Chris Hollinger, Mark Robertson, and Natasha L. Waglow)
  • “New York State Department of Labor Issues Guidance on New York State Wage Theft Prevention Act,” O'Melveny & Myers Client Alert (April 5, 2011, co-authored with Jeffrey Kohn and Mark W. Robertson)
  • “Trendsetting: NYC's Human Rights Law,” New York Law360 and Employment Law360 (March 2011, co-authored with Mark W. Robertson)
  • “Arizona Immigration Law: How To Avoid Liability,” Employment Law360 (June 2010, co-authored with Natasha L. Waglow)
  • “Enforceability of Non-Competition and Non-Solicitation Covenants in New York and California,” Executive View Labour & Employment Digital Guide and www.executiveview.com (December 2009, co-authored with Mark W. Robertson)
  • “New York Courts May Have Jurisdiction Over Foreign Defendants That Trade On The New York Stock Exchange In Employment And Other Disputes,” O'Melveny & Myers Client Alert (November 5, 2009, co-authored with Jeffrey Kohn and Mark W. Robertson)
  • “Recent SEC Regulatory Changes: Content of Forms U4 and U5,” O’Melveny & Myers Client Alert (June 2, 2009, co-authored with Framroze Virjee, Jeffrey Kohn, and Adam P. KohSweeney)
  • Peter Gibbons v. Bill Lumbergh Assurance Co., 31 N.Y.U. Moot Ct. Casebook 10-1 (2007) 

Litigation

Federal Court Litigation

  • Prevailed on a motion to dismiss in action brought against airline by three pilots seeking to vacate an interest arbitration award that established certain contractual rights. See Krakowski v. Am. Airlines, Inc. (In re AMR Corp.), Chapter 11, Case No. 11-15463 (SHL), Adv. No. 16-01138 (SHL), 2019 Bankr. LEXIS 752 (Bankr. S.D.N.Y. Mar. 8, 2019).
  • Successfully moved to dismiss litigation for wrongful termination brought against an airline by a former union chairman based on Railway Labor Act preemption and failure to state a claim. See Bryan v. Allied Pilots Association, et al., 2018 WL 6697691 (D. Mass. Dec. 19, 2018).
  • Prevailed on a motion for summary judgment in a putative class action brought against American Airlines by a group of pilots asserting a collusion claim related to the airline’s pilot seniority list. See Krakowski v. Am. Airlines, Inc. (In re AMR Corp.), Chapter 11, Case No. 11-15463 (SHL), Adv. No. 13-01283 (SHL), 2018 Bankr. LEXIS 1726 (Bankr. S.D.N.Y. June 12, 2018).
  • Obtained a preliminary injunction on behalf of Atlas Air and Polar Air against their pilots union to stop an illegal work slowdown. Atlas Air, Inc. v. Int’l Bhd. of Teamsters, 280 F. Supp. 3d 59 (D.D.C. 2017).
  • Successfully compelled arbitration of two management grievances filed by Atlas Air and Southern Air regarding the negotiation of a joint pilot collective bargaining agreement following the companies’ merger. Atlas Air, Inc. v. Int’l Bhd. of Teamsters, 293 F. Supp. 3d 457 (S.D.N.Y. 2018).
  • Prevailed on a motion to dismiss a putative class action brought against American Airlines by a group of pilots asserting a collusion claim related to the airline’s pilot seniority list. See Krakowski v. Am. Airlines, Inc. (In re AMR Corp.), 567 B.R. 247 (Bankr. S.D.N.Y. 2017).
  • Prevailed in moving to dismiss a class action medical monitoring claim and other claims brought by nine current employees against American Airlines, its CEO, COO, and other executives and employees on workers’ compensation exclusivity grounds. Smith v. Am. Airlines, Inc., No. 16-156, 2016 U.S. Dist. LEXIS 107402 (E.D. Pa. Aug. 12, 2016).
  • Won a motion to dismiss in a tort action brought by a former employee, in part based on a defense under the Railway Labor Act. Romigh v. American Airlines Group, Inc., Case No. 2:15-cv-00782 (W.D. Pa. Nov. 12, 2015).
  • Represented AIG in securing favorable settlement on the eve of a five-week jury trial of a breach of employment contract lawsuit brought by the former CEO of AIG’s real estate business.
  • Achieved complete dismissal of a purported Family and Medical Leave Act class action against a Fortune 500 financial services company prior to any motion practice.
  • Obtained a preliminary injunction on behalf of US Airways against its pilots union to stop an illegal work slowdown, which was later converted into a permanent injunction. US Airways, Inc. v. US Airline Pilots Ass’n, 813 F. Supp. 2d 710 (W.D.N.C. 2011).
  • Defended US Airways in a purported class action alleging race discrimination. NAACP, Philadelphia Branch v. US Airways Group, Inc., Case No. 2:10-cv-00043-PBT (E.D. Pa.)
  • Successfully dismissed a civil RICO matter brought by a local union against US Airways executives, primarily based on a Railway Labor Act preemption defense. Int’l Ass’n of Machinists & Aerospace Workers District Local Lodge 1776 v. Jackson, No. 09-150, 2010 U.S. Dist. LEXIS 15885 (E.D. Pa. Feb. 19, 2010).

Arbitrations

  • Achieved a complete victory for an airline in an arbitration brought by its flight attendant union, asserting that the airline’s employee travel policy violated the parties’ labor contract.
  • Achieved a complete victory for an arbitration regarding its post-merger hiring and training of its pilots.
  • Achieved a complete victory for an airline in an arbitration brought by certain employee groups, asserting that the airline’s vacation policy violated the parties’ labor contract
  • Achieved a complete victory for an airline in an arbitration brought by its passenger service union, asserting that the airline’s employee travel policy violated the parties’ labor contract.
  • Achieved a complete victory for an airline in an arbitration brought by its flight attendant union, asserting that the airline’s retiree travel policy violated the parties’ labor contract. 
  • Successfully defended an airline in a breach of contract arbitration brought by a regional partner, saving the airline approximately $70 million.
  • Represented a private equity firm in an arbitration brought by a former executive asserting violation of New York Labor Law, breach of fiduciary duty, unjust enrichment, and breach of contract. 

Collective Bargaining and Labor Negotiations

  • Assisted a leading pharmaceutical company in collective bargaining negotiations and achieving a new labor contract for its largest facility.
  • Assisted Interstate Bakeries in its efforts to restructure hundreds of labor contracts.

Transactions

  • Represented Apollo Global Management, LLC and related funds with respect to labor and employment matters in two acquisitions of sports apparel manufacturers in North America and Central America, which included working with Apollo and Nike on human resources and workers’ rights issues relating to sustainable and responsible investing.
  • Represented a diversified international market infrastructure and capital markets business with respect to labor and employment matters in its acquisition of a provider of high-quality exchange traded fund data, analytics, and ratings.
  • Represented Caesars Entertainment Corporation (formerly Harrah’s Entertainment) with respect to labor and employment matters in its acquisition of the Planet Hollywood Resort & Casino in Las Vegas.
  • Represented a retail automotive software company with respect to labor and employment matters in its acquisition of a leading provider of inventory management and merchandising solutions for automobile dealerships. 
  • Represented a leading chemical company with respect to labor and employment matters in sales of numerous businesses.
  • Represented a leading provider of growth equity and venture capital for healthcare/biopharma companies with respect to labor and employment matters in acquisitions of multiple companies.
  • Represented a consortium of private equity investors with respect to labor and employment matters in the sale of a software company.
  • Represented a food manufacturer with respect to labor and employment matters in its sale to a leading dairy cooperative.
  • Represented an investment vehicle for investment funds with respect to labor and employment matters in the sale of its interest in an electric transmission and distribution company.