Carlo A.C. de Oliveira

Carlo A.C. de Oliveira

PARTNER
Albany, New York
Phone: 518-449-3900 | 888-352-3751
Fax: 518-432-3111
cdeoliveira@coopererving.com
vCard | LinkedIn
Languages: English, Portuguese, Spanish

Overview

Carlo A. C. de Oliveira focuses his practice in the areas of civil rights, labor and employment, public sector, student education rights, criminal law, municipal law, and immigration.  Carlo is an experienced litigator and has obtained successful rulings for clients in these areas of law.  Carlo has argued cases before the United States Court of Appeals for the Second Circuit, the United States District Court for the Northern District of New York, the United States District Court for the Middle District of Florida, and the State of New York Supreme Court, Appellate Division, Third Judicial Department.

Originally from Rio de Janeiro, Brazil, Carlo graduated magna cum laude from Columbia-Greene Community College, with an Associate Degree in Science in 2000, and magna cum laude from Hartwick College, with a Bachelors Degree in Political Science in 2001. He then attended law school at the University of Maryland School of Law in Baltimore, Maryland. While in Law School, Carlo represented clients before the United States Immigration Court, Baltimore, Maryland and, in recognition of his work, he was presented with The Ward Kershaw Fund Award for outstanding skills of advocacy on behalf of a client. Carlo has also completed two and a half years of a vigorous five-year Bachelor of Law program at Pontifícia Universidade Católica, Rio de Janeiro (PUC-Rio), Brazil.

In 2018, Carlo was nominated for an Associate Fellowship in the Litigation Counsel of America (LCA), a trial lawyer honorary society whose membership is limited to less than one-half of one percent of North American lawyers, judges and scholars.  Carlo was also selected by Super Lawyers as a top ranked employment and labor attorney in Albany, New York in 2017.  He is also a proud member of the National Employment Lawyers Association (NELA), the New York State Bar Association, and the Albany County Bar Association.

Carlo joined Cooper Erving & Savage LLP in November 2013 and has contributed to strengthen one of the firm’s core practice areas: employment law and civil rights litigation.  Carlo has tried cases to verdict in both State and Federal Court.

Carlo is married to Donna, an elementary school teacher. They have two beautiful daughters, Chloe and Cameron. Carlo is also actively involved in his community. He currently presides over the Ravena Soccer Club Board and volunteers as a coach during the year.

Practice Areas

  • Civil Rights
  • Employment & Labor Law
  • Public Sector Law
  • Municipal Law
  • Criminal Law
  • Education Law
  • Immigration

Education and Admissions

EDUCATION

  • University of Maryland School of Law, Baltimore, Maryland
    J.D., Juris Doctor – May, 2007
  • Hartwick College, Oneonta, New York
    B.A., Bachelor of Arts magna cum laude – December, 2001
    Major: Political Science
  • Columbia-Greene Community College, Hudson, New York
    Associate of Science magna cum laude – 2000
  • Pontifícia Universidade Católica, Rio de Janeiro (PUC-Rio), Brazil
    B.A., Bachelor of Law – Jan. 1996 to Jun. 1998

BAR ADMISSIONS

  • Massachusetts, 2007
  • New York, 2008
  • U.S. District Court Northern District of New York, 2010
  • U.S. District and Bankruptcy Courts for the District of Columbia, 2014
  • U.S. District Court District of Vermont, 2017
  • U.S. Court of Appeals Second Circuit, 2014
  • Supreme Court of the United States of America, 2017

Representative Cases

  • Obtained reversal of trial court’s decision affirming Zoning Board of Appeals’ determination to order kennel business closed as rational and reasonable. Appellate Division held that record did not support denial of special use permit and that Zoning Board improperly bowed to the objections of neighbors. Matter of Blanchfield v. Hoosick, 149 A.D.3d 1380 (3d Dept, April 20, 2017) Click here for decision.
  • Successfully defended proceeding pursuant to Lien Law §201-a seeking to declare mechanic’s lien invalid. Hyundai Motor Finance v. Fields Towing LLC et al., Index No. 4835-15 (N.Y. Sup. Ct., February 17, 2016)
  • Successfully defended lawsuit filed against New York resident in the United States District Court for the Middle District of Florida alleging breach of non-compete clause. Advantus, Corp. v. Allen, 2015 U.S. Dist. LEXIS 94001 (M.D. Fla. July 20, 2015) Click here for decision.
  • Obtained dismissal of action filed in New York against Indiana based manufacturer of Recreational Vehicles on lack of jurisdiction and forum nonconveniens grounds. State Farm Mutual Automobile Ins., et al. v. Heartland Recreational Vehicles, Index No. 2014-2428, (N.Y. Sup. Ct., April 1, 2015)
  • Successful appeal in the United States Court of Appeals for the Second Circuit, which vacated summary judgment to defendant on plaintiff’s claim that defendant interfered with her FMLA rights by failure to comply with proper notice requirements. De Oliveira v. Cairo-Durham Cent. Sch. Dist., 634 Fed. Appx. 320 (2nd Cir. 2016) Click here for decision.
  • Obtained summary judgment in favor of a school teacher and against her employer for interfering with her Family and Medical Leave rights when it failed to give her notice that her seniority would be affected by the time she spent on unpaid FMLA leave. De Oliveira v. Cairo-Durham Cent. Sch. Dist., 634 Fed. Appx. 320 (2nd Cir. 2016) Click here for decision.
  • In class action for violation of overtime provisions of the Fair Labor Standards Act, class conditionally certified. Boice v. M+W U.S., Inc., 2016 U.S. Dist. LEXIS 132071, (N.D.N.Y. Sept. 27, 2016) Click here for decision.
  • Obtained preliminary injunction against municipality in a lawsuit alleging violations of the Americans with Disabilities Act and the Fair Housing Act in which municipality was ordered to approve zoning application for facility serving individuals with mental illness. Step by Step, Inc. v. City of Ogdensburg, 176 F. Supp. 3d 112, (N.D.N.Y. Apr. 5, 2016) Click here for decision.
  • Successfully represented nurse in action filed against her employer alleging that her employment termination violated her rights under the Family and Medical Leave Act. Butler v. Rome Ctr., LLC, 2015 U.S. Dist. LEXIS 137259, (N.D.N.Y. Oct. 8, 2015) Click here for decision.
  • Obtained preliminary injunction in favor of real property owner against neighbor trespassing onto property owner’s property. Garuc v Henderson, 52 Misc. 3d 1220(A), (Sup Ct, Greene County 2015) Click here for decision.
  • Obtained injunction under FMLA to stop disciplinary proceeding against teacher. Stagliano v. Herkimer Cent. Sch. Dist., 151 F. Supp. 3d 264 (N.D.N.Y. 2015) Click here for decision.
  • Successful appeal in which Merit Systems Protection Board found Navy violated employee’s FMLA rights, reinstated him, awarded back pay, and ordered a further hearing on his request for attorneys’ fees, which was ultimately granted. Kone v. Department of the Navy, MSPB, PH-0752-13-0217-I-3, PH-0752-13-0413-I-2 (2015) Click here for decision.
  • Successful appeal of decision denying dismissal of civil service claim by former school district employee whose job was transferred to BOCES. Matter of Thornton v. Saugerties Cent. Sch. Dist., 121 A.D.3d 1253 (3rd Dept. 2014) Click here for decision.

Professional Associations and Memberships

  • Albany County Bar Association
  • New York State Bar Association
  • National Employment Lawyers Association
  • Associate Fellow – Litigation Counsel of America

Speaking Engagements

  • “A Civil Rights Lawyer’s Perspective On The Constant Struggle Between Law And Justice”, Hartwick College, Oct. 11, 2018
  • Speaker: “Race and Sexual Harassment in the Workplace”, Excelsior College, Dec. 13, 2017
  • “ADA, FMLA, and Workers’ Compensation”, Sterling Education Services Continuing Education Seminar – Albany, NY – February 4, 2016

Pro Bono Activities

  • President, RCS Soccer Club (2015-Present)