Desiree E. Busching

Partner

Areas of Focus

Desiree E. Busching

Partner

dbusching@akingump.com

Areas of Focus

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Biography
  • Focuses on labor and employment matters in corporate and special situations transactions and in- and out-of-court restructurings.
  • Advises companies and alternative investment managers on labor-management relations, complex workforce matters and best practices under federal, state and local law.

Desireé concentrates her practice at the intersection of employment and traditional labor law and innovative restructuring and mergers and acquisitions (M&A) transactions. In connection with devising and executing on multifaceted labor strategies, particularly in the context of special situations transactions and restructurings, her noteworthy experience includes:

  • Managing workforce liabilities
  • Transfer, hiring and separation of executives and employees
  • Executive and employee agreements
  • Labor-management relations
  • Negotiation of collective bargaining agreements
  • Employee communications and crisis management.

Desireé also regularly counsels clients on significant labor- and employment-related matters, including:

  • Employment disputes
  • Restrictive covenant matters and enforcement
  • Employment contract negotiations
  • Performance management
  • Wage and hour compliance
  • Workforce reductions
  • Antiharassment and anti-discrimination training and counseling
  • Complex HR investigations.

Desireé has substantial experience in National Labor Relations Board (NLRB) procedures and proceedings, including advising and representing employers in union representation and unfair labor practice proceedings, collective bargaining and arbitrations. She counsels clients on compliance with traditional labor laws, responding to union organization efforts and managing labor-management disputes.

Prior to joining Akin Gump, Desireé served as Assistant General Counsel for the New York City Office of the Mayor, Office of Labor Relations.

Representative Work
  • Represented the Official Committee of Unsecured Creditors of Dean Foods.
  • Advised Energy Harbor Corp. (fka FirstEnergy Solutions Corp.) in connection with its complex bankruptcy and restructuring.
  • Counseled International Shipholding Corp (ISH) and certain of its subsidiaries, in connection with its chapter 11 proceeding.
  • Represented a New York Stock Exchange (NYSE)-listed technology company in the divestiture of a division to a private equity fund.
  • Advised senior secured note holders in Constellation Enterprises LLC’s chapter 11 proceedings.
  • Advised a global renewable energy company in its acquisition of South American energy companies.
  • Managed labor and employment-related matters in the acquisition and sale of portfolio companies in connection with the firm’s representation of private equity firms.
  • Successfully defended a hedge fund client in litigation alleging breach of a partnership and joint-venture agreement brought by its former president.
  • Successfully defended a hedge fund client in connection with breach of contract allegations asserted by a former general counsel.

Education
  • J.D., Hofstra University School of Law, cum laude, 2008

  • B.A., University at Albany, State University of New York, magna cum laude, 2003

Bar Admissions
  • New York

Recognitions
  • Euromoney Expert Guides, Rising Star, United States: Labour and Employment, 2020 and 2021.
  • Super Lawyers, New York Metro Rising Star, 2015, 2016, 2017, 2018, 2019 and 2020.
  • Akin Gump’s labor and employment practice named Law360 Employment Practice Group of the Year four times in seven years, in 2009, 2013, 2015 and 2016.
Speeches and Publications
  • Panelist, “Flex Workers in the US: Pandora's Box for Canadian Employers?,” Akin Webinar, June 2023.
  • Presenter, “Labor & Employment Issues in Financial Restructuring,” Akin Gump CLE Program, December 2020.
  • Presenter, “Labor & Employment Issues in Corporate Transactions,” Akin Gump CLE Program, December 2020.
  • Presenter, “NY Anti-Harassment Training Laws,” Managed Funds Association General Counsel Forum, June 2018.
  • Panelist, “New York City’s Salary History Inquiry Law,” Akin Gump CLE Program, July 2017.
  • Panelist, “NYC Ban on Compensation History Inquiries and Anti-Trust Considerations,” Akin Gump HR Lunch Series, June 2017.
  • Presenter, “NYC Ban on Inquiries Relating to a Prospective Employee’s Compensation History,” Goldman Sachs Prime Services Hedge Fund Consulting Webinar, May 2017.

Insights and Achievements

      Blog | LaborSpeak

      March 12, 2024

      Read More

            Blog | LaborSpeak

            March 12, 2024

            Read More

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