In the More Than 20 Federal and State Employment Trials She Handled, Only $1 Was Awarded to the Other Side. Meet Jessica Giambrone Palmese.
Most employment disputes never see the inside of a courtroom. But when they do, the attorney standing next to you matters more than you might think.
Jessica Giambrone Palmese is an Epstein Becker Green attorney whose record speaks for itself: lead counsel on 20 federal and state employment trials taken to verdict, nearly undefeated, and with a practice built on 17 years of litigating on behalf of New York City.
In this one-on-one conversation with fellow Epstein Becker Green attorney George Whipple, Jessica explains how that depth of experience shapes her approach to every case—whether it goes to trial or not.
What You'll Discover
- What Trial Experience Actually Buys You: Having taken cases all the way to verdict changes the way Jessica reads a negotiation, sizes up opposing counsel, and knows when something is worth fighting for.
- Finding the Pressure Points: Jessica approaches discovery and case strategy not just defensively, but by actively identifying the vulnerabilities on the other side.
- A Different Voice at the Table: Jessica's perspective as a woman in a field historically dominated by a certain kind of trial attorney gives her clients a distinct advantage in the courtroom and in depositions.
Transcript
[00:00:00] Jessica Giambrone Palmese: I know when I'm negotiating with another side, I know if they know the judge, I know if they know the courthouse.
[INTRO GFX]
[00:00:12] George Whipple: I'm George Whipple, One-on-One with Jessica Giambrone Palmese. Jessica, how are you?
[00:00:18] Jessica Giambrone Palmese: Thanks, George. Thanks so much for having me. It's great. I'm very excited to have this discussion with you.
[00:00:23] George Whipple: When I read your bio, what stands out for me is your record. You are a lawyer's lawyer. Lead counsel on 20 federal and state employment trials, undefeated except for one case where your opponent won a single dollar.
[00:00:42] George Whipple: What does that mean for your practice, and how do I sign you up to try my next case for one of my clients?
[00:00:48] Jessica Giambrone Palmese: Sure. Well, look, I go into mediations, I go into court, I go into discussions with my adversary with a very different level of comfort and confidence because I do know how these cases are going to play out, which frankly, most of the plaintiffs’ bar doesn't because they have not also had that experience that I have had.
[00:01:07] Jessica Giambrone Palmese: I know when I'm negotiating with another side, I know if they know the judge, I know if they know the courthouse. You know, once I start working with a client, I really take it to heart, and so I think we need to do more as defense lawyers. We can't just sit back and be responding. We also need to look at the case and say, "Okay, well, if you're bringing a case, what are your pressure points? You know, what can we pursue?"
[00:01:32] George Whipple: 20 trials, all the way to verdict. You don't see that terribly often in employment litigation. How did you get that kind of experience?
[00:01:41] Jessica Giambrone Palmese: I had the extreme privilege of representing the city of New York for 17 years. I was at the New York City Law Department, which is essentially the law firm of New York City and handles all of its civil litigation, among other matters.
[00:01:55] Jessica Giambrone Palmese: And in that capacity, I represented commissioners, managers throughout the city of New York, and it gave me a very unique opportunity to litigate on their behalf. I feel as though having worked with the city, I have met different groups of people from all different types of backgrounds, and I think that also gives me a unique perspective to look at situations and fact patterns and to have a deeper understanding of how those are going to land with different groups of people.
[00:02:23] George Whipple: But a lot of our clients are looking to resolve issues before they go to trial. How does your background give you an edge in those negotiations?
[00:02:33] Jessica Giambrone Palmese: I think having litigated so many cases and for so long, I have developed a bit of a spidey sense to kind of assess, there's something there. There's a reason why they're objecting to that request.
[00:02:45] Jessica Giambrone Palmese: There's a reason why they're fighting so hard not to give us that piece of evidence. Nine times out of 10, there's something there. You know, I had one particular case, a young woman claiming harassment, claiming that her supervisor had made inappropriate comments to her. And in the midst of reviewing all of her treatment records, it actually became clear that actually, what was driving her emotional distress was the fact that she had been engaged in an extramarital affair during this exact same period of time.
[00:03:14] Jessica Giambrone Palmese: And so as we were developing our document requests, our ESI, electronically stored information requests, we were pushing hard to uncover what that was about. And on the eve of her deposition, their six-figure demand came down to low five figures, and we were able to achieve a wonderful result for our client.
[00:03:33] George Whipple: That's very interesting. I'm not sure I would have thought of that.
[00:03:36] Jessica Giambrone Palmese: I mean, look, the reality is, is I'm defending my clients' employers against serious allegations of discrimination and harassment, and sexual harassment at times. And being a woman, I have a unique advantage that I can provide my clients, because my voice is different, maybe, from what the stereotypical view of a trial attorney has historically been.
[00:03:57] Jessica Giambrone Palmese: I can conduct depositions differently because I just bring a different voice to the table, which I think is effective and an advantage to my clients.
[00:04:08] George Whipple: We're always trying to look at things from the client's perspective, but I have it on good authority that your husband is a general counsel. Are you learning anything from him that could be helpful to all of us?
[00:04:20] Jessica Giambrone Palmese: Well, he gets a lot of free legal advice at home, so that's a benefit. [laughter]
[00:04:24] George Whipple: And we love free legal advice.
[00:04:27] Jessica Giambrone Palmese: Look, in addition to all of my experience, and in addition to all of the courtroom experience and discovery experience, I happen to be married to a general counsel. And so that gives me a unique perspective when I'm working with my clients because I know when I hear him grumbling about legal fees or counsel and perhaps how they're not doing the job that he might want them to do at all times.
[00:04:49] Jessica Giambrone Palmese: So I also think that gives me a unique sensitivity and understanding of my clients, and understanding what's important to them. You know, occasionally he asks me, why don't I want to do the same thing as him, because he's in-house and very happy and very devoted to his client. And I tell him for better or for worse, I love being someone else's pit bull.
[00:05:10] Jessica Giambrone Palmese: I love going into court. I really love diving into different cases on behalf of various different clients. I get a charge from it. I love what I do, and I just can't see it any other way.
[00:05:23] George Whipple: Hey, Jessica, thank you very much for being here.
[00:05:26] Jessica Giambrone Palmese: Thanks, George. Same here.
[00:05:28] George Whipple: And thank you very much for watching.
