DIRECTORY OF ATTORNEYS

Transcription

1 DIRECTORY OF ATTORNEYS 2014

2 USLAW Employment & Labor Law Practice Group MISSION STATEMENT With increasing litigation and governmental involvement, the rapidly evolving workplace requires a pragmatic approach, innovative solutions, and thoughtful attention to prevent issues from arising and solve them when they do. The USLAW NETWORK Employment & Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum of labor and employment issues. Members of the USLAW Employment & Labor Practice Group focus on supplying real-world tailored solutions to labor and employment issues. They work collaboratively with our clients inhouse legal and human resources professionals to ward off potential challenges with carefully planned policy formation, implementation and training. WHY CHOOSE USLAW EMPLOYMENT & LABOR LAW FIRMS? With highly qualified and experienced employment & labor attorneys located throughout the country, group members are uniquely positioned to offer cutting edge legal services in a cost-effective manner. The Group s nationwide presence and expertise permits us to respond expeditiously to clients wherever and whenever our members are needed. Through the group s extensive collective experience representing both private and public sector clients, member attorneys have gained a deep understanding of our clients needs and goals in dealing with employees and labor unions. While our members must conform to the highest standards of excellence and integrity, it is our personalized attention to our clients that sets USLAW apart. The group s wealth of experience in a wide variety of industries and with employers ranging from small mom and pops to Fortune 100 companies allows them to better counsel clients on the day-to-day problems they encounter. By working together, USLAW firms employment & labor law practice groups offer our clients all of the benefits of national representation without compromising our commitment to providing outstanding and timely service. Through our outreach efforts, including national seminars and local training opportunities, the members aim not only to offer premiere, cost-effective, legal representation, but also to continue to develop and strengthen relationships with our industry partners, allowing our members to better serve the business community. Group members believe their clients are best served through preventive measures such as careful policy drafting and effective training. To that end, we are often on-site with employers, identifying ways to strengthen personnel policies and providing innovative solutions to workplace challenges. In addition, we provide training to supervisors and managers on a wide array of topics, including: sexual harassment, unlawful discrimination, workplace investigations, and violence in the workplace. Even with the most careful planning, employers cannot entirely avoid litigation. Group members have extensive experience in all phases of litigation from administrative agency proceedings to litigation in state and federal courts throughout the country. Member attorneys are keenly aware of the potential pitfalls in administrative investigations and regularly assist employers in responding to Department of Labor, EEOC, NLRB, OFCCP and OSHA audits and investigations at the federal, state and local levels. Should litigation arise, USLAW clients are well-positioned by having all of the benefits of a large national practice with attorneys familiar with the local rules, judges and trends for nearly every jurisdiction. AREAS OF PRACTICE Our group members handle the full spectrum of employment and labor issues, including: Administrative law agency/tribunal matters Affirmative Action Executive Order in Employment Act Alternative Dispute Resolution Americans with Disabilities Act Civil Rights 1983 Claims Class Action Defense COBRA Collective Bargaining Discrimination Claims Title VII Drug and Alcohol Testing Employee Benefits Employment Contracts Employment Practices Liability Insurance Equal Pay Act ERISA Fair Labor Standards Act Family and Medical Leave Act Handbooks and Personnel Policies Immigration National Labor Relations Act Non-Competition Agreements Occupational Safety and Health Act Older Workers Benefits Protection Act Claims Unemployment WARN Act Workers Compensation Workplace Violence Wrongful Discharge

3 About USLAW The Start of Something Better... Mega-firms...big, impersonal bastions of legal tradition, encumbered by bureaucracy and often slow to react. The need for an alternative was obvious. A vision of a network of smaller, regionally based, independent firms with the capability to respond quickly, efficiently and economically to client needs from Atlantic City to Pacific Grove was born. In its infancy, it was little more than a possibility, discussed around a small table and dreamed about by a handful of visionaries. But the idea proved too good to leave on the drawing board. Instead, with the support of some of the country's brightest legal minds, USLAW NETWORK became a reality. Fast-forward to today. The commitment remains the same as originally envisioned. To provide the highest quality legal representation and seamless cross-jurisdictional service to major corporations, insurance carriers, and to both large and small businesses alike, through a network of professional, innovative law firms dedicated to their client's legal success. Now as a network with more than 6,000 attorneys from nearly 100 defense-based law firms, spanning the United States, Canada, Latin America, Europe, Asia and Africa, USLAW NETWORK remains a responsive, agile legal alternative to the mega-firms. Homefield Advantage. USLAW NETWORK offers what it calls The Homefield Advantage which comes from knowing and understanding the venue in a way that allows a competitive advantage a truism in both sports and business. Jurisdictional awareness is a key ingredient to successfully operating throughout the United States and abroad. Knowing the local rules, the judge, and the local business and legal environment provides our firms clients this advantage. The strength and power of an international presence combined with the understanding of a respected local firm makes for a winning line-up. A Legal Network Not for Its Member Lawyers. Instead a Legal Network for Purchasers of Legal Services. USLAW NETWORK firms go way beyond providing quality legal services to their clients. Unlike other legal networks, USLAW is organized around client expectations, not around the member law firms. Clients receive ongoing educational opportunities, online resources including webinars, jurisdictional updates, and resource libraries. We also provide a semi-annual USLAW Magazine, webinars, compendiums of law, as well as annual membership directories and practice group directories. To ensure our goals are the same as the clients our member firms serve, our 45-member Client Leadership Council is directly involved in the development of our programs and services. This communication pipeline is vital to our success and allows us to better monitor and meet client needs and expectations. USLAW Abroad. Just as legal issues seldom follow state borders, they often extend beyond U.S. boundaries as well. In 2007, USLAW established a relationship with the Trans-European Law Firms Alliance (TELFA), a network of 25 independent law firms representing more than 700 lawyers through Europe. Subsequently, in 2010 we entered a similar affiliation with the ALN (formerly the Africa Legal Network) to further our service and reach. Additional, USLAW member firms are located throughout Canada, Latin America, and Asia. How is USLAW NETWORK Membership Determined. Firms are admitted to the Network by invitation only and only after they are fully vetted through a rigorous review process. Many firms have been reviewed over the years, but only a small percentage were eventually invited to join. The search for quality member firms is a continuous and ongoing effort. Firms admitted must possess broad commercial legal capabilities and have substantial litigation and trial experience. In addition, USLAW NETWORK members must subscribe to a high level of service standards and are continuously evaluated to ensure these standards of quality and expertise are met. USLAW in Review. All vetted firms with demonstrated, robust practices and specialties Efficient use of legal budgets, providing maximum return on legal services investments Seamless, cross-jurisdictional service Responsive and flexible Multitude of educational opportunities and online resources Team approach to legal services The USLAW Success Story. The reality of our success is simple: we succeed because our firms' clients succeed. Our member firms provide high-quality legal results through the efficient use of legal budgets. We provide cross-jurisdictional services eliminating the time and expense of securing adequate representation in different regions. We provide trusted and experienced specialists quickly. When a difficult legal matter emerges whether it s in a single jurisdiction, nationwide or internationally USLAW is there. Success. For more information, please contact Roger M. Yaffe, USLAW CEO, at (800) or [email protected]

4 About USLAW: Your Homefield Advantage Vancouver, BC.. BRAZIL Brossard, QC. Ottawa, ON..... ARGENTINA.... S OUTH AM ERI CA... Ethiopia Uganda Kenya Rwanda Burundi Tanzania Finland TELFA EUROPE Zambia Mozambique. Norway Sweden.. Estonia Mauritius Botswana Ireland South Africa.. Denmark Latvia England C H I NA Russia. Lithuania Netherlands Poland. Germany Belgium Luxembourg Czech Rep. Slovakia Switzerland Austria.. Dalian Beijing Italy Portugal. CHINA. Shanghai. Kunming... Shenzhen Spain.... Greece Taiwan Hong Kong. Hungary Malta. Indicates Member Primary Office Location Indicates Member Satellite Office Location

5 TABLE of CONTENTS ALABAMA Carr Allison Thomas L. Oliver, II...1 ALASKA Richmond & Quinn Robert L. Richmond...2 ARIZONA Jones, Skelton & Hochuli, P.L.C. Steven Leach...3 ARKANSAS Quattlebaum, Grooms, Tull & Burrow PLLC E. B. (Chip) Chiles IV...4 CALIFORNIA Dillingham & Murphy, LLP Carla J. Hartley...5 Murchison & Cumming, LLP Michael B. Lawler...6 William D. Naeve...7 Klinedinst PC Susan K. Chelsea...8 Greg A. Garbacz...9 Snyder Law, PC Ashley Ann Dorris...10 Barry Clifford Snyder...11 COLORADO Lewis Roca Rothgerber LLP Susan Strebel Sperber...12 CONNECTICUT Hinckley, Allen & Snyder LLP Robert C. Hinton...13 Lisa A. Zaccardelli...14 FLORIDA Carr Allison Christopher Barkas...15 Wicker Smith O Hara McCoy & Ford P.A. Deborah E. Frimmel...16 Jason A. Glusman...17 GEORGIA Hall Booth Smith, P.C. Donald W. Benson...18 Heather Saum Ware...19 Richard N. Sheinis...20 HAWAII Goodsill Anderson Quinn & Stifel LLP Anne T. Horiuchi...21 Barbara A. Petrus...22 Carolyn K. Wong...23 ILLINOIS SmithAmundsen LLC Jill A. Cheskes...24 Jeffrey A. Risch...25 Larry R. Smith...26 INDIANA Bingham Greenebaum Doll LLP Andrew W. Gruber...27 IOWA Simmons Perrine Moyer Bergman PLC Lisa A. Stephenson...28 Kevin J. Visser...29 Thomas D. Wolle...30 KENTUCKY Bingham Greenebaum Doll LLP Brent R. Baughman...31 Wendy B. Becker...32 Philip C. Eschels...33 MAINE Richardson, Whitman, Large & Badger Elizabeth G. Stouder...34 MARYLAND Franklin & Prokopik, PC Albert B. Randall, Jr MASSACHUSETTS Adler Pollock & Sheehan P.C. Robert P. Brooks...36 Michael D. Chittick...37 Rory Z. Fazendeiro...38 MINNESOTA Larson King, LLP David M. Wilk...39 MISSISSIPPI Copeland, Cook, Taylor & Bush, P.A. Robert C. Richardson...40 Kimberly S. Rosetti...41 MISSOURI Lashly & Baer, P.C. James C. Hetlage...42 MONTANA Davis, Hatley, Haffeman & Tighe, P.C. Gregory J. Hatley...43 NEBRASKA Baird Holm LLP Christopher R. Hedican...44 Lindsay K. Lundholm...45 R.J. (Randy) Stevenson...46

6 TABLE of CONTENTS NEVADA Thorndal Armstrong Delk Balkenbush & Eisinger Stephen C. Balkenbush...47 Deborah L. Elsasser...48 Katherine F. Parks...49 NEW HAMPSHIRE Gallagher, Callahan & Gartrell R. Matthew Cairns...50 Dodd S. Griffith...51 NEW JERSEY Connell Foley LLP Michael A. Shadiack...52 NEW MEXICO Modrall Sperling Jennifer G. Anderson...53 Michael L. Carrico...54 George R. McFall...55 NEW YORK Ahmuty, Demers & McManus Janice Berkowitz...56 Jennifer A. Casey...57 Goldberg Segalla LLP Julie P. Apter...58 Jonathan M. Bernstein...59 Richard A. Braden...60 Traub Lieberman Straus & Shrewsberry LLP Lisa L. Shrewsberry...61 NORTH CAROLINA Poyner Spruill LLP Steven A. Rowe...62 David L. Woodard...63 OHIO Roetzel & Andress Denise M. Hasbrook...64 Jonathan Secrest...65 Douglas E. Spiker...66 OKLAHOMA Pierce Couch Hendrickson Baysinger & Green, L.L.P. Malinda S. Matlock...67 OREGON Williams Kastner Sharon Carroll Peters...68 PENNSYLVANIA Sweeney & Sheehan, P.C. Robyn F. McGrath...69 Denise M. Montgomery...70 Barbara A. O Connell...71 Thomas, Thomas & Hafer LLP Anthony T. Bowser...72 Jill L. Matkosky...73 David L. Schwalm...74 RHODE ISLAND Adler Pollock & Sheehan P.C. Robert P. Brooks...75 Michael D. Chittick...76 SOUTH DAKOTA Riter, Rogers, Wattier & Northrup, LLP Robert C. Riter...77 TEXAS Fee, Smith, Sharp & Vitullo, L.L.P. Brett A. Smith...78 UTAH Strong & Hanni, PC Stanford P. Fitts...79 Kristin A. VanOrman...80 VIRGINIA LeClairRyan Vijay K. Mago...81 Charles G. Meyer, III...82 Susan Childers North...83 WASHINGTON Williams Kastner Sheryl J. Willert...84 WEST VIRGINIA Huddleston Bolen LLP Ashley W. French...85 Kevin A. Nelson...86 Scott K. Sheets...87 WYOMING Williams, Porter, Day and Neville PC Scott E. Ortiz...88 International CANADA BRITISH COLUMBIA Clark Wilson LLP Heather Hettiarachchi...89 CANADA ONTARIO Kelly Santini LLP Sean Bawden...90 John-Paul (J.P.) Zubec...91 CANADA QUEBEC Therrien Couture Lawyers L.L.P. Denis L. Blouin...92 CLIENT SERVICES & PRODUCTS: USLAW SOLUTIONS...93 USLAW CORPORATE PARTNERS...96

7 Carr Allison ALABAMA Thomas L. Oliver, II Carr Allison 100 Vestavia Parkway Birmingham, AL Phone: (205) Fax: (205) Cell: (205) Thomas L. Oliver, II is a founding member and director of CARR ALLISON and bases his trial practice out of its home office in Birmingham, Alabama. Mr. Oliver serves as the firm s chair of its Employment Litigation Practice Group. His practice includes providing advice to employers on potential employment issues, including the drafting of employment policies. Mr. Oliver has served as regional counsel to employment clients addressing issues in several southeastern states. He has handled numerous employment litigation cases ranging from workers compensation to retaliatory discharge to federal discrimination claims under Title VII. He has tried cases in both federal and state courts of Alabama for such clients as Wal-Mart, VF Corporation, AFC Enterprises, Beverly Enterprises, Boral, Inc., American Cast Iron Pipe Company, Automation Temporary Services, Kelly Services, the Alabama Retail Association and through insurers such as Chubb, Travelers, St. Paul, and Fireman s Fund. Mr. Oliver is a member of the American Bar Association (Labor & Employment committee), the DRI Employment Committee, the USLAW Network s Employment committee and has served as past chair of the workers compensation section of the Alabama State Bar. Mr. Oliver is an adjunct professor of trial advocacy at the Cumberland School of Law in Birmingham, Alabama. He serves as trustee of the Alabama Law Foundation and is active in the Alabama State Bar and American Bar Associations. Pregnancy and race discrimination tried multi-count matter to a defense verdict before jury in Federal District Court for the Northern District of Alabama. Plaintiff alleged both sex and race discrimination. Defendant asserted that the plaintiff was terminated for poor work performance and not a discriminatory reason. After a week long trial, the jury returned a defense verdict. Wrongful termination sucessfully defended a wrongful termination matter in the Circuit Court of Cullman County, Alabama. Plaintiff alleged that he was terminated for asserting a workers compensation claim in violation of Alabama statutory law. Employer defended on grounds that the employee was terminated for poor work performance. After a week and half trial, the jury returned a defense verdict. Race discrimination sucessfully defended large employer in South Alabama in racially hostile environment claims. Three plaintiffs claimed that employer had a practice of discriminating against blacks and supervisors frequently used demeaning terms against blacks. Employer denied charges and specifically denied use of demeaning language. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Corporate Counsel Top Lawyers in America (Labor and Employment) Best Lawyers in America SuperLawyers Employment Law Update Emerging Technology in the Workplace Best Employment Practices and Policies Emerging Liabilities for the Employer Supervisor and Co-Employee Liability Bermuda Triangle - Interaction of the FMLA, ADA and Worker s Compensation Statutes Preventing Violence in the Workplace, Human Resources Conference Preventing Sexual Harrassment in the Workplace B.S., Auburn University J.D., Cumberland School of Law 1

8 Richmond & Quinn ALASKA Our lawyers have tried a number of cases throughout the State of Alaska, and appeared for clients before both Federal and State agencies dealing with employment issues Robert L. Richmond Richmond & Quinn 360 K Street, Suite 200 Anchorage, AK Phone: (907) Fax: (907) brichmond@richmond quinn.com quinn.com Among the cases our firm has tried have been a number for Chugach Electric, the locally owned electric utility. The issues in the cases involved age discrimination and sexual discrimination, and the client was successful getting a defense verdict in each case. Our firm is heavily involved in the representation of air carriers in the State of Alaska, and we put on an annual seminar for the Alaska Air Carriers association. Bob Richmond, Will Earnhart and Marc Wilhelm have all spoken at these annual seminars. Will Earnhart has spoken at Lorman seminars here in Alaska to representatives of the construction and transportation industries the subject being: Employment Law A to Z. Robert L Richmond, principal contact graduated from Georgetown University in 1965, and from the University of Oregon Law School in

9 Jones Skelton & Hochuli, P.L.C. ARIZONA Steven Leach has practiced in Arizona since 1987, with much of that practice focused on representing employers in employment practices disputes. Mr. Leach is chair of the Jones, Skelton and Hochuli employment law practice group. He provides employers effective and efficient representation on all manner of employment related issues before administrative agencies such as the EEOC, and before State and Federal Courts. Mr. Leach also counsels employers on pre-claim employment matters, including educating employers on employment practices liability risk management. Mr. Leach is committed to working with clients to avoid employment claims, or to be best situated to defend those claims when they are unavoidable. Steven Leach Jones, Skelton & Hochuli, P.L.C N. Central Avenue Suite 800 Phoenix, AZ Phone: (602) Fax: (602) Becker v. Phoenix Union High School District. A Title VII retaliation tried to a defense verdict before the Arizona District Court. Himes v. Botma. A breach of contract action tried successfully before a state court jury on a twelve million dollar claim. Ramirez v. Pima County Community College District. Summary Judgment obtained in an ADA claim litigated before the Arizona District Court. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Mr. Leach is chair of the firm s Employment Law Practice Group. Multiple presentations of a training seminar, co-developed by Mr. Leach and his partner Gordon Lewis, entitled, Avoiding Workplace Harassment. Multiple seminars on The Legal Arizona Workers Act, which went into effect January 2008 and created significant sanctions for Arizona employers who hire illegal aliens. Panel speaker for the Employer Sanctions Compliance Seminar, presented by the Maricopa County Attorney s Office and the Arizona Chamber of Commerce Multiple presentations on the ADA and also on the recent amendments to the ADA, including a Jones, Skelton & Hochuli seminar entitled What You Can Do With Injured and Ill Employees, The Americans Disabilities Act from Reasonable Accommodation to Drug Testing. Employment Practices Liability seminar presented to the Arizona Chapters of the Risk and Insurance Management Society and the Public Risk Management Association. Bachelor of Arts Degree in Political Science, University of Iowa, 1984 Juris Doctorate (with high distinction), University of Iowa,

10 Quattlebaum, Grooms, Tull & Burrow PLLC ARKANSAS E. B. (Chip) Chiles IV Quattlebaum, Grooms, Tull & Burrow PLLC 111 Center Street Suite 1900 Little Rock, AR Phone: (501) Fax: (501) Cell: (501) Mr. Chiles s practice focuses on business-related litigation including labor and employment, breach of contract, wrongful discharge, sexual harassment, products liability, deceptive trade practices, civil appeals, and business torts. His experience includes the representation of companies in employment-related breach-of-contract, discrimination, retaliation, and wrongful-termination cases as well as the representation of a publicly traded company in putative class actions alleging company-wide race discrimination. He is recognized in Commercial Litigation and Labor & Employment in Chambers USA s Guide to America s Leading Lawyers for Business, in Appellate Practice, Bet-the-Company Litigation, Commercial Litigation, Litigation ERISA, Litigation Labor & Employment, Personal Injury Litigation Defendants and Product Liability Litigation Defendants in The Best Lawyers in America, and in Business Litigation in Mid-South Super Lawyers. He is also recognized as a Local Litigation Star for Arkansas in Benchmark Litigation. Mr. Chiles is an elected member of The American Law Institute, and a member of the International Association of Defense Counsel and the Defense Research Institute. Honors and Awards Recognized in Labor & Employment in Chambers USA s Guide to America s Leading Lawyers for Business (2012-present) Recognized in The Best Lawyers in America in Litigation ERISA and Litigation Labor & Employment (2012-present) 1996, J.D., Harvard Law School, cum laude 1993, B.A., English, Hendrix College, summa cum laude and with distinction 4

11 Dillingham & Murphy, LLP CALIFORNIA Carla Hartley has extensive experience in employment litigation including wrongful termination, discrimination, harassment, retaliation, whistle-blower, breach of contract, fraud, defamation, disability and religious accommodation, employee leaves of absence, reductions in force, wage and hour, intellectual property, and privacy matters. She also assists her clients with a full range of non-litigation services such as counseling, severance negotiations, compensation plans, contracts, employee handbooks, and trainings. Industry specializations include medical groups and other health care providers, telecommunications companies, financial institutions, and start-ups. Carla J. Hartley Dillingham & Murphy, LLP 601 California Street 19th Floor San Francisco, CA Phone: (415) Fax: (415) Cell: (415) [email protected] and Dispositions Shoemaker/Hayden v. Doe Construction Company Successfully defended case involving two construction workers who claimed they were sexually harassed by defendant s superintendent and when they complained, were retaliated against and forced to leave the company. Following a three week trial, the jury returned a defense verdict as to one plaintiff, found for the second plaintiff on a theory of negligent retention but awarded less damages than a CCP 998 Offer served by defendant a year earlier. Department of Fair Employment & Housing v. Doe Law Firm Successfully defended name partner and law firm in sexual and racial harassment and retaliation case. Following a three day hearing, the California Fair Employment and Housing Commission found that the respondents had not engaged in unlawful harassment or retaliation. Rogoff v. Doe Restaurant Chain Settled putative class action for unpaid overtime and other wage and hour violations pre-filing and pre-certification. Employment Risk Realities Seminar Complaints Seminar Training WCAB-132a Matters Honors and Awards AV rated by Martindale-Hubbell Past Chair of USLAW Employment and Labor Practice Group Intellectual Property in Cyberspace, presentation for Bowring Marsh Trends in Cyber risk and Data Security Liability, presentation for Lloyd s of London The New Whistleblowers, USLAW Network Best Practices in Managing Employees with Disabilities, presentation for the Personnel Association of Sonoma County ( PASCO ) Employment Law Update, presentation for the Northern California Human Resources Association ( NCHRA ), Alameda County and Sonoma County Employment Law Updates, presented for the Marin Human Resources Forum and Northern California Human Resources Association, North Bay Chapter University of California at Berkeley, B.A. Political Science Santa Clara University School of Law, J.D. 5

12 Murchison & Cumming, LLP CALIFORNIA Michael B. Lawler has practiced in the Employment Law area since the mid 1980 s advising clients in a wide range of employment matters, including wrongful termination, employment discrimination, compliance issues, non-competition violations, work place policies, hiring and termination practices, drafting employment contracts and other transactional aspects. He also provides clients with pre-litigation investigation services, review of policies and procedures, counseling and quarterly updates of recent cases and change in statutory, administrative and regulatory law. Mr. Lawler has substantial experience in litigating employment matters in both state and federal courts. Michael B. Lawler Murchison & Cumming, LLP 801 So. Grand Avenue 9th Floor Los Angeles, CA Phone: (213) Fax: (213) Cell: (213) mlawler@murchison law.com Woodard v. MJB Transitional Recovery. Plaintiff sued client for sexual harassment and constructive termination. Plaintiff claimed that as long as she provided sexual favors to her boss that she continued to receive raises and promotions. When she refused the sexual favors, she alleges that she was constructively terminated. The key to the defense of the case was that the defendant/manager had a disfigurement in the area of his genitals which the plaintiff could not identify and/or describe. Raven v. Antelope Bus, Inc. This case was brought by a former employee claiming that he was wrongfully terminated because he had complained of policy violations. Plaintiff claimed that supervisors and co-workers repeatedly mocked him for complaining about smoke in the work place and that his lay off was in retaliation of his complaints. The jury was convinced that the lay offs were due to cut backs and not because the plaintiff had complained of policy violations. The jury found that the employer chose the plaintiff based upon his past performance, evaluation and in-put from his supervisors. Ford v. The Aerospace Corporations. This was a race and gender discrimination case. Plaintiff was a 24 year old black man employed as a personnel clerk. He was the only male in this section. The plaintiff was assigned to a new supervisor who allegedly made racial slurs and gave the plaintiff additional work which caused him stress, pressure and emotional distress. Plaintiff went on disability and did not return to work and subsequently filed a lawsuit for race and gender discrimination. Defense was that the plaintiff was a marginal employee who had problems with attendance and personal telephone calls. The jury determined the plaintiff s claims were unfounded and came back with a verdict for the employer. Training WCAB-132a Matters Honors and Awards AV-rated by Martindale Hubbell Top-Rated Lawyer in Labor and Employment, American Lawyer Media. Leading Employment Lawyer in California, Daily Journal, Speaker at the DRI Seminar, on Pre-Employment Investigation and Screening of Nursing Home Personnel. Speaker at the Insurance Broker & Agents Association, 2009 Annual Meeting. The Effect of the Economic Downturn on Employment Issues. Speaker at various organizations, including California Trial Lawyers Association, Association of Southern California Defense Counsel on litigation and mediation tactics in employment cases. Authored article for the The California Labor Letter entitled California Employer Successfully Defends Employment Suit. Authored The DRI Course Book Seven, The Effects of the Employment Screening of Nursing Home Personnel on Facility Liability, individual Liability and Quality of Care. Loyola University graduated with a B.A. in 1964 Southwestern University graduated with a J.D. degree in

13 Murchison & Cumming, LLP CALIFORNIA William D. Naeve Murchison & Cumming, LLP Von Karman Avenue Suite 1100 Irvine, CA Phone: (714) Fax: (714) Cell: (714) law.com William D. Naeve is a Senior Partner in the Irvine office of Murchison & Cumming, LLP. Mr. Naeve has over 25 years of experience as a management side Labor and Employment defense attorney. He is Co-Chair of Murchison & Cumming s Employment Law Practice Group, and has authored articles on discrimination and employment law for the Orange County Business Journal. Mr. Naeve is approved EPL defense counsel for numerous nationally-recognized EPL carriers and represents self-insured healthcare entities in California and Nevada litigation named in wrongful termination, disability, discrimination, harassment, DFEH, EEOC, and age discrimination claims. Additionally, Mr. Naeve has substantial experience representing employers in wage and hour class actions and successfully represented the hospital management operator in Singh v. Lancaster Community Hospital, 140 Cal.App.4th 387 (May 2006) which affirmed the employer s manner of calculating premium overtime wages paid to non-exempt employees subject to an AlternativeWorkweek Schedule. Mr. Naeve also provides preventative counseling regarding the management of disputes involving disruptive employees, has authored various policies and procedures relating to wage and hour issues, and conducts independent claims investigations for clients. Zambetti vs. Lancaster Community Hospital: Mr. Naeve and his team represented the defendant in a 10-day jury trial in which the plaintiff contended that he was wrongfully terminated in derogation of certain oral and written assurances. Plaintiff s attorney informed the jury that his client would seek recovery of $6 million dollars. The case settled after Mr. Naeve gave his closing argument to the satisfaction of his client pursuant to a confidential settlement. Training Honors and Awards AV-rated by Martindale Hubbell. Arbitration Agreements in Employment Contracts Are Employee Class Actions a Thing of the Past?, USLAW Network/Murchison & Cumming, LLP, 2013 CLE Program & Summer Beach Bash, Santa Monica, CA, June 25, 2013 Plaintiffs Use of Stray Remarks as Proof of Management Discrimination, Harassment or, ACCA So Cal Employment CLE, Costa Mesa, CA, May 25, 2011; Los Angeles, CA, May 26, 2011 Buying a Business? Don t Get Bitten by the Hidden Risk of Successor Liability, German American Chamber of Commerce Legal & Tax Newsletter, Vol The Supreme Court Administers Another Body-Blow to Employers: Sullivan vs. Oracle, Murchison & Cumming, LLP, Employment Brief, Summer , J.D., Western State University College of Law, Fullerton, California, with scholastic merit 1976, B.A., University of California, Los Angeles, California 7

14 Klinedinst PC CALIFORNIA Susan K. Chelsea Klinedinst PC 501 W. Broadway, Suite 600 San Diego, CA Phone: (619) Fax: (619) Cell: (858) law.com Susan K. Chelsea is a Senior Counsel with Klinedinst PC, and has over two decades of experience in employment and labor law including counseling and litigation. She has successfully tried and arbitrated cases involving employment claims. In addition, she has successfully defended wage claims before the California Labor Commissioner. She also handles and counsels employers on labor and employment issues affecting government contractors at the state and federal level including prevailing wage regulations under the Davis-Bacon and Related Acts. Ms. Chelsea provides counseling and risk management services, and conducts employment investigations. Ms. Chelsea currently Co-Chairs the firm s Employment and Labor department, and maintains a complex general business practice. and Dispositions Defense jury verdict in favor of employer and against plaintiff/employee claiming wrongful termination in violation of public policy/whistle blower. Training Editor and Contributor for Klinedinst PC s Monthly Employment Newsletter 1988, J.D., University of San Diego School of Law 1985, B.A., University of San Diego 8

15 Klinedinst PC CALIFORNIA Greg A. Garbacz Klinedinst PC 501 W. Broadway, Suite 600 San Diego, CA Phone: (619) Fax: (619) Cell: (213) law.com An experienced litigator and trial attorney, Greg A. Garbacz provides unique business solutions and advice to clients with regard to a broad range of employment/labor law matters, contractual issues, and business disputes, including misappropriation claims, employment torts, unfair business practices, confidentiality agreements, and trade secrets. He counsels clients with regard to state and federal laws affecting employers, including legislation regarding hiring practices, benefits, and age, gender/sex, and race discrimination. Mr. Garbacz regularly speaks at a variety of programs, seminars, and events on employment and labor law, legal malpractice, and professional liability issues. He has been a shareholder with the firm since 1997, and serves as Chief Operating Officer, responsible for oversight of Klinedinst s four offices across California. He is also an active member of Vistage, a CEO membership organization. Mr. Garbacz has achieved Martindale-Hubbell s highest AV Preeminent 5.0 ranking, and has been featured repeatedly in Southern California Super Lawyers. and Dispositions While a vast majority of employment cases are resolved prior to trial, Mr. Garbacz has extensive experience in the courtroom. Several successful results include: Trial involving an employee s alleged commission agreement for profit sharing in nightclub/restaurant and related breach of contract claims. Multi-week trial involving special/dual employment issues and sexual orientation hate crime allegations against employee. Trial involving same-sex harassment claim by supervisor against subordinate and company. Employment Risk Realities Seminar Complaints Seminar Training WCAB-132a matters Honors and Awards Recognized by Southern California Super Lawyers (2009, 2010 & 2012) Recognized as a Rising Star by Southern California Super Lawyers (2004) Martindale-Hubbell AV Rating Vista Medical Group s Annual Employer Appreciation Luncheon, You re Fired! How to Proactively Handle Terminations, Minimize Risks and Have HR Add Strategic Value (September, 2012) 24th Annual PIHRA Legal Update, You re Fired! How to Handle a Termination and Minimize the Risk of a Lawsuit (January 24-27, 2011) 10th Annual Klinedinst Employment Symposium,,, and Discrimination 2007 Legal Updates (November, 2007) 9th Annual Klinedinst Employment Symposium, Defending Employment Claims: Tips and Traps and Staying Out of Court: Mistakes to Avoid (November, 2006) 8th Annual Klinedinst Employment Symposium, Discovery in Employment Cases: Strategy & Considerations (December, 2005) Washington & Lee University School of Law, J.D., 1993: Law Review, Burks Scholar Lafayette College (B.A., 1989) 9

16 Snyder Law, LLP CALIFORNIA Ashley Dorris s employment law experience ranges from actively advising her clients on their employment policy and practices, handling DFEH and EDD investigations, appearing with her employer clients at unemployment hearings and defending her clients on breach of contract and wrongful termination claims. She has a unique cross-over of transportation clients who regularly face employment related issues in the State of California and she is experienced in all aspects of handling these types of matters. Ashley is licensed to practice in the State of California and before the United States District Court for the Central, Northern and Eastern Districts of California. Ashley Ann Dorris Snyder Law, LLP 420 S. Fairview Avenue Suite 102 Santa Barbara, CA Phone: (805) Fax: (805) Cell: (805) [email protected] Training WCAB-132a matters 2003, J.D., Santa Clara University 2000, B.S., Business Administration Marketing, University of Arizona 10

17 Snyder Law, LLP CALIFORNIA Barry Snyder has practiced employment law, primarily in the litigation arena, for over one-third of a century. His practice focuses on pre-litigation planning, for both employers and employees and effective defense of employers in litigated matters. Barry Clifford Snyder Snyder Law, LLP 420 S. Fairview Avenue Suite 102 Santa Barbara, CA Phone: (805) Fax: (805) Cell: (805) bsnyder@snyder law.com Deconde v. County of Santa Barbara. Sexual, age and national origin claim by a school district employee, successfully defended in a jury trial. Plaintiff resigned the day after the verdict. WCAB-132a Matters Honors and Awards Participated in EEOC Law School Clinic at Loyola University School of Law. Conducted various seminars/presentations to Santa Barbara, Ventura and San Luis Obispo County Dental and Medical Societies. B.S., Bacteriology, University of California at Los Angeles, 1970 J.D., Loyola University School of Law, Los Angeles,

18 Lewis Roca Rothgerber LLP COLORADO Susan Strebel Sperber Lewis Roca Rothgerber LLP th Street, Suite 3000 Denver, CO Phone: (303) Fax: (303) Susan Sperber s practice emphasizes labor and employment law, religious institutions law, immigration law, and commercial and corporate litigation. In the employment arena, Ms. Sperber provides assistance to clients on a wide range of employment-related issues and has tried cases in both state and federal courts, before federal administrative agencies, and before arbitration panels in disputes involving the Americans with Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, the in Employment Act and the National Labor Relations Act. Ms. Sperber also advises clients on all types of employment agreements, including non-competition agreements and severance agreements. As an immigration specialist, Ms. Sperber counsels employers regarding immigration matters arising in connection with employment, including employer compliance with federal I-9 requirements, state immigration laws, and assisting employers regarding work authorization issues. In 1999, Ms. Sperber set valuable precedent for employers on the appropriate definition of the term workweek in a Fair Labor Standards Act class action matter that she argued before the U.S. Court of Appeals for the Tenth Circuit. Chessin et al. v. Keystone Resorts Management, Inc., 184 F.3d 1188 (10th Cir. 1999). Ms. Sperber has successfully litigated numerous cases in federal court addressing all types of employment claims including violation of Title VII, ADEA and ADA. Complaints Training Presenter of "How the ADA Amendments ACT Affects You" at the 2009 Colorado Employment Law Conference sponsored by the Colorado Bar Association May 2009 Author of The Internet Age: Technology and the Workplace published 10/1/2008 Author of When is Disparate Pay Actionable? The Law According to Ledbetter published 9/1/2007 Author of The My-Employer-Is-Picking-on-Me Claim published 6/1/2006 Author of Is Employment Insurance Right for My Business published 3/1/2006 Juris Doctor, 1992, George Washington University National Law Center, Cum Laude Bachelor of Arts, 1989, Duke University 12

19 Hinckley, Allen & Snyder LLP CONNECTICUT Bob Hinton has practiced in the field of employment law since 1995 and represents companies of all sizes in federal and state courts and before administrative agencies on a wide range of employment-related claims. Mr. Hinton has successfully defended employers against claims involving, among other things, employment discrimination, the Family and Medical Leave Act, state and federal wage and hour laws, employee benefits and a wide range of personnel matters. Robert C. Hinton Hinckley, Allen & Snyder LLP 20 Church Street Hartford, CT Phone: (860) Fax: (860) Cell: (860) rhinton@ hinckleyallen.com Habibah Abdul Hakeem v. Smurfit Stone Container Corp.; United States District Court, District of Connecticut, Docket No. 3:05-cv (CFD): Successfully represented global paperboard manufacturer against claims of race discrimination, sexual harassment and hostile work environment, and obtained summary judgment in favor of client on all counts. Kathleen Dinice-Allen v. Yale-New Haven Hospital; United States District Court, District of Connecticut, Docket No. 3:06-cv-00675(PCD): Successfully represented hospital against various employment discrimination claims and obtained summary judgment on all counts of thirteen count Complaint. John Nusdeo v. Home Depot U.S.A., Inc.; United States District Court, District of Connecticut, Docket No. 3:06- cv-01656(avc): Successfully represented national retailer against claims of sexual orientation discrimination and retaliation. Honors and Awards Fellow, Litigation Counsel of America (2008) John W. Cooper Fellow, Connecticut Bar Foundation (2003) Hinckley, Allen & Snyder LLP, Labor & Employment Seminar, 2009, Needham, MA: Speaker on Data Privacy and Information Security Issues National Active and Retired Federal Employees Association, Connecticut Chapter, 2009, North Haven, CT: Speaker on Legislation Impacting Federal Retirement and Health Benefits United States Military Academy, West Point, New York B.S University of Connecticut School of Law J.D

20 Hinckley, Allen & Snyder LLP CONNECTICUT Lisa A. Zaccardelli Hinckley, Allen & Snyder LLP 20 Church Street Hartford, CT Phone: (860) Fax: (860) Cell: (860) Ms. Zaccardelli practices in all areas of litigation with an emphasis on commercial litigation and employment law litigation. She represents employers on matters related to employment discrimination and litigation matters including, but not limited to, matters under the Civil Rights Act of 1964, the Act, wrongful discharge, breach of employment contracts, and sexual harassment in state and federal courts. Lisa has also represented employers on wage and hour claims, misclassification claims, and non-compete and non-solicitation claims. She regularly counsels employers in these matters and in matters related to employment practices including employee discipline, terminations, and compliance with wage and hour laws, as well as advice and counsel in connection with internal investigations. She counsels employers on labor issues involving collective bargaining and arbitrations. She is experienced in solo trial of cases to verdict, appeals, arbitrations and mediations. Ms. Zaccardelli also regularly conducts training sessions on sexual harassment and other discrimination laws for management of client companies. Northeast Double Disc Grind v. Pietrowicz (AAA Award for Claimant Company and individual members finding in their favor on claims of breach of contract, and claims of unfair trade practices claims brought by former member.) Paylan v. St. Mary s Hospital 118 Conn. App. 258 (2009) (Representation of hospital residency program in claim by resident on breach of contract and sexual discrimination claims. Jury verdict in favor of the hospital dismissing all claims upheld on appeal.) Golek v. St. Mary s Hospital et al 133 Conn. App. 182 (2012) (affirming summary judgment for employer hospital on claims of breach of fiduciary duty.) Collective Bargaining Complaints Seminar Training Presenter Affordable Care Act What the Employer Needs to Know Now, Hinckley, Allen & Snyder LLP Labor and Employment Seminar, Providence RI, May 2013 Presenter Affordable Care Act Updates to the Affordable Care Act, Hinckley, Allen & Snyder LLP Labor and Employment Seminar, Needham MA, November 2013 Speaker, An Overview of the Affordable Care Act Developments, Connecticut Health Council, Affordable Care Act Workshops, Cromwell, CT, January 31, 2013 Frequent lecturer to various business organizations on the subject of in the Workplace St. John s University School of Law, J.D., 1990 Boston College, B.A., magna cum laude,

21 Carr Allison FLORIDA Christopher Barkas specializes in Labor and Employment cases as a shareholder in Carr Allison s Tallahassee, Florida office. Mr. Barkas serves on the American Board of Trial Advocates, and he is a member of the Florida Defense Lawyers Association. Christopher Barkas Carr Allison 305 Gadsden Street Tallahassee, FL Phone: (850) Fax: (850) Cell: (850) cbarkas@carr allison.com Employment Risk Realities Seminar Complaints Seminar Training B.S., Florida State University J.D., Cumberland School of Law 15

22 Wicker Smith O Hara McCoy & Ford P.A. FLORIDA Deborah E. Frimmel Wicker Smith O Hara McCoy & Ford P.A. 390 North Orange Avenue Suite 1000 Orlando, FL Phone: (407) Fax: (407) Cell: (407) dfrimmel@wicker smith.com Ms. Frimmel joined Wicker, Smith, O Hara, McCoy & Ford, P.A. in October 2010 to lead the firm s employment law practice group. Ms. Frimmel has practiced exclusively employment litigation for over sixteen (16) years. Her employment litigation career has included the defense of hundreds of federal court employment lawsuits as well as state court employment cases in Florida and the U.S. Virgin Islands. Ms. Frimmel has obtained dismissal or summary judgment in the majority of those cases. In the event dismissal or summary judgment was not obtained, she has accomplished favorable results for her clients at trial. Ms. Frimmel also frequently provides advice, counsel and training to both private and public employers in the employment law context. Prior to joining Wicker Smith, Ms. Frimmel was Of Counsel at one of the Nation s largest and most respected labor and employment defense firms. Ms. Frimmel began her legal career at one of the first boutique management labor and employment firms in Central Florida, where she developed her skills as an employment litigator and advised clients concerning all aspects of employment law. SunTrust Bank of East Central Florida v. Barbara Herrin, Circuit Court for the Seventh Judicial Circuit, Volusia County, Florida. Obtained a jury verdict in favor of SunTrust following a five-day trial in which Plaintiff claimed discrimination under the Florida Civil Rights Act based on gender and age discrimination in connection with her termination from employment. Bonnie Sharrit, et al. v. Chateau Communities, Inc., U.S. District Court, Middle District of Florida. After a twoday evidentiary hearing, during which expert testimony proved plaintiffs had submitted fraudulent evidence to support their claims that defendant s employees harassed them, the court dismissed plaintiffs multi-million-dollar action and imposed sanctions against them. Terry Arthur v. Silver Lake Resort, U.S. District Court, Middle District of Florida, Orlando Division. Before the trial of this race discrimination case ended, the plaintiff accepted a nuisance settlement offer that had been tendered by the insurer many months earlier. Employment Risk Realities Seminar Complaints Seminar Training Lorman al Services: Featured speaker on numerous labor and employment topics including, but not limited to, Wages, Hours and Safety, Hiring and Discipline, Employment Law Overview, Employee Privacy, The Bermuda Triangle-ADA,FMLA and Workers Compensation laws in Florida, Progressive Discipline, Record Retention and Control, Electronic Discovery, and Workplace Violence. Council on in Management: Featured speaker on several labor and employment law related topics including, but not limited to; Employee Privacy, FLSA Collective Actions; Union Avoidance, Labor Management Relations and and the Supreme Court Opinions in Faragher and Ellerth. Workforce Central Florida: Workplace, Florida Whistleblower Act, FLSA Compliance, FLSA Exemptions Clarified, Calculating Overtime, Workplace Harassment, Pregnancy Discrimination and Religious Accommodation. Employer Use of Credit Reports in Employment Decisions, Employer s Association of Florida Newsletter, April NLRB Rules non-union Employers Must Allow Co-Worker Presence at Investigatory Interviews, Holland & Knight Employment Law Letter, September, 2000 (overturned in 2004). Responding to EEO Agency Charges of Discrimination, Association of Corporate Counsel Infopak, April, , J.D., Shepard Broad Law Center, Nova Southeastern University, Fort Lauderdale, FL, with honors 1990, B.S., Business Administration, Villanova University, Philadelphia, PA, cum laude 16

23 Wicker Smith O Hara McCoy & Ford P.A. FLORIDA Jason Glusman has 10 years experience in Federal and State Courts handling labor and employment litigation. Wicker Smith s representative clients include local, regional and national corporations with matters before the EEOC, state and local administrative agencies. His practice encompasses several areas of employment and labor law, including all phases of discrimination based upon race, gender, age, national origin and religion. Jason also handle allegations of ADA noncompliance, hostile work environment, retaliation, sexual harassment, wage and hour disputes, FLSA and wrongful termination suits/claims. In addition, they provide extensive problem solving advice to our clients regarding ongoing employment disputes, restrictive covenants and reduction in force issues. Jason A. Glusman Wicker Smith O Hara McCoy & Ford P.A. 515 East Las Olas Boulevard Suite 1400 Fort Lauderdale, FL Phone: (954) Fax: (954) jglusman@wicker smith.com , J.D., John Marshall Law School 1997, B.A., University of Florida 17

24 Hall Booth Smith, P.C. GEORGIA Donald W. Benson Hall Booth Smith, P.C. 191 Peachtree St., Suite 2900 Atlanta, GA Phone: ( ) Fax: ( ) Cell: ( ) dbenson@hallbooth smith.com Don Benson is a senior litigator with over twenty years experience in labor and employment helping management clients avoid, resolve and litigate employee disputes. He has appeared in state and federal courts nationwide and before the NLRB, DOL, state and federal OSHA, the EEOC and numerous state deferral agencies. He represents employers in the full range of labor and employment law issues including: race, sex, age, national origin, religion, disability and sexual orientation discrimination, harassment and retaliation; federal and state wage and hour law compliance including miss-classification, off the clock work, regular rate calculation, and meal break and rest periods; Equal Pay under Title VII and the EPA; USERRA; FMLA; Fair Credit Reporting Act, HIPAA and privacy protections; layoffs and reductions in force; ERISA benefit claims; state torts including invasion of privacy, fraud, assault and battery, false imprisonment, defamation, negligent hiring and retention; restrictive covenant and confidential information protections; executive contracts. Employment Risk Realities Seminar Complaints Seminar Training Don is a nationally recognized author and frequent speaker on communicable diseases in the workplace and pandemic planning, RICO/Immigration litigation, wage and hour compliance, and restrictive covenant enforcement. He has spoken and written as an expert on responding in the workplace to H1N1 Influenza, Avian Flu, Tuberculosis, MRSA staff infections and many other health related issues. Don has been quoted in numerous employment and legal journals nationwide, and has been a repeated guest on NPR radio on the topic of RICO/immigration lawsuits. Articles include: North Carolina State Bar Journal, Pandemic Is Your Workplace Prepared For Disaster? Wage and Hour Answer Book. Executive Counsel, RICO Charges Are Newest Wrinkle In Immigrant Labor Issue. Georgia Bar Journal, Pandemic Preparation In The Workplace. Tennessee Bar Journal, Racing To the Court House Over Non-Competes. Kiplinger Business Resource Center, Antiviral Drug Stockpiling for Pandemic Planning. Bloomberg Corporate Law Journal, National Forum Shopping Over Restrictive Covenants. University of Utah, Salt Lake City, UT, J.D., 1984 University of Georgia, Athens, GA, M.A., 1978 Davidson College, Davidson, NC, B.A.,

25 Hall Booth Smith, P.C. GEORGIA Heather Saum Ware has practiced in the Employment Law area for four years. She has handled employment litigation matters in both Federal and State Courts. She advises clients in the areas of employment investigations, hostile work environment and sexual harassment, national origin discrimination, race discrimination, and FLSA matters. Heather Saum Ware Hall Booth Smith, P.C. 191 Peachtree St., Suite 2900 Atlanta, GA Phone: (404) Fax: (678) Cell: (601) smith.com Ms. Saum Ware and her colleagues successfully defended a large university which had been sued for retaliation after an employee filed a sexual harassment claim. Employment Risk Realities Seminar Complaints Seminar Investigations What every HR Director Needs to Know Mississippi State University, B.A. Communication, 1995 University of Mississippi School of Law, J.D.,

26 Hall Booth Smith, P.C. GEORGIA Rich Sheinis has practiced in the Employment Law area for the past two years. He has experience litigating matters such as trans-gender discrimination, national origin discrimination, and religious discrimination. He advises clients regarding Federal and State employment law matters including civil rights matters, Title VII discrimination matters, and the Family and Medical Leave Act. Richard N. Sheinis Hall Booth Smith, P.C. 191 Peachtree St., Suite 2900 Atlanta, GA Phone: (404) Fax: (678) Cell: (678) smith.com Employment Risk Realities Seminar Employee Free Choice Act Americans with Disabilities Act (ADA) Amendments of 2008 Family Medical Leave Act Genetic Information Non-Discrimination Act (Gina) New Legislation: The Americans with Disabilities Act Gets a Facelift Employment Discrimination in Nursing Homes: Can Nursing Homes be Liable for Employment Discrimination when Residents or their Visitors Harass the Staff? It s Part of my Religion: Employer Rights and Responsibilities to Accommodate Employee Religious Beliefs State University of New York at Binghamton, B.S. Political Science, 1980 Duke University School of Law, J.D.,

27 Goodsill Anderson Quinn & Stifel LLP HAWAII Anne T. Horiuchi Goodsill Anderson Quinn & Stifel LLP First Hawaiian Center Suite Bishop Street Honolulu, HI Phone: (808) Fax: (808) Ms. Horiuchi has practiced in the employment law area since She represents and advises employers on labor and employment matters. She has defended employers in employment litigation involving sexual harassment, discrimination, retaliation and wrongful termination. Ms. Horiuchi represents employers before Hawaii s state and federal administrative agencies, including the Hawaii Civil Rights Commission and the Equal Employment Opportunity Commission. Ms. Horiuchi has worked on the mediation of discrimination claims, assists employers in complying with employment laws and with the drafting of employment policies and affirmative action plans, and has lobbied on behalf of clients on employment and other issues before the Hawaii State Legislature. Francisco v. Sheraton Waikiki Hotel Ms. Horiuchi represented a hotel against claims of sexual harassment. After a jury trial, the jury was unable to come to a final decision, resulting in a mistrial. The defense team successfully prevented any judgment from being entered against the hotel. An Ounce of Prevention Plus a Pound of Cure: Actions to Take Now to Help Avoid and Defend Against Discrimination and Other Claims, January 2011, Hawaii Employers Council Employee Records: Rules for Content & Retention & What to Include for Defense in a Lawsuit, June 2012, Executive Council Managing Workers Compensation and Leaves of Absence, November 2012, Hawaii Employers Council Interviewing & Backgrounding Probing Candidate Skills & Performance Legally, June 2013, Executive Council (Co-Presenter: Ann Katekaru, Inkinen & Associates) 1998, J.D., University of North Carolina School of Law 1995, B.A., University of Hawaii, with high honors 21

28 Goodsill Anderson Quinn & Stifel LLP HAWAII Barbara A. Petrus has extensive experience in the practice of labor and employment law in Hawaii since She regularly advises and defends a wide range of employers from sole proprietorships and non-profit organizations to large Hawaii and international corporations. Ms. Petrus represents management in all aspects of labor and employment law, including jury trials, Equal Employment Opportunity Commission proceedings, management training, employment policies and procedures, and Hawaii Civil Rights Commision labor relations issues such as labor grievances and arbitrations, unfair labor practices, union organizing campaigns and collective bargaining negotiations. Barbara A. Petrus Goodsill Anderson Quinn & Stifel LLP First Hawaiian Center Suite Bishop Street Honolulu, HI Phone: (808) Fax: (808) [email protected] Douglass v. Pflueger Hawaii, Inc. Ms. Petrus was lead counsel representing a car dealer against claims of sexual harassment. After a jury trial, judgment was entered in the company s favor. Francisco v. Sheraton Waikiki Hotel Ms. Petrus was lead counsel representing a hotel against claims of sexual harassment. After a jury trial, the jury was unable to come to a final decision, resulting in a mistrial. The defense team successfully prevented any judgment from being entered against the hotel. Shahata v. W Steak Waikiki Ms. Petrus was lead counsel representing a restaurant against claims of promissory estoppel, intentional infliction of emotional distress, invasion of privacy, wrongful discharge and breach of contract. After a bench trial, judgment was entered in the company's favor. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Ms. Petrus was recognized as an established employment litigator in Chambers and Partners Chambers USA Clients Guide from Ms. Petrus was recognized in The Best Lawyers in America from Ms. Perus was recognized in Super Lawyers ln 2008, Managing Workers Compensation and Leaves of Abscence, Hawaii Employers Council, November 13, 2012 Employment Law Hawaii Hiring & Managing Employees in 2012 & Beyond; Discipline to Discharge, Executive Council, June, 2012 Trends in Employment Claims, Society of Human Resource Managers, June, 2011 Hawaii Workforces in a Slowing Economy, Hawaii Food Manufacturing Association, February 11, 2009 Managing Employee Leave and Absenteeism, Hawaii Employers Council, September 26, , J.D., Albany Law School of Union University, cum laude 1978, B.A., Russell Sage College, cum laude 22

29 Goodsill Anderson Quinn & Stifel LLP HAWAII Carolyn K. Wong has practiced in the employment law area since She represents and advises employers on labor and employment matters. She has handled employment discrimination and wrongful termination litigation, jury trials in both state and federal courts, administrative agency and unfair labor practice charges, hearings and appeals, mediations and arbitrations, management training sessions, and drafting employment agreements, policies, and manuals. Carolyn K. Wong Goodsill Anderson Quinn & Stifel LLP First Hawaiian Center Suite Bishop Street Honolulu, HI Phone: (808) Fax: (808) Tran v. Ben Bridge Jeweler, Inc. Ms. Wong represented a national retailer against claims of disability discrimination. After jury trial, judgment was entered in the retailer s favor. Francisco v. Sheraton Waikiki Hotel Ms. Wong represented a hotel against claims of sexual harassment. After a jury trial, the jury was unable to come to a final decision, resulting in a mistrial. The defense team successfully prevented any judgment from being entered against the hotel. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Ms. Wong was recognized as among Hawaii s Leading Lawyers For Business in Pacific Business News, June Ms. Wong was recognized as a seasoned, knowledgeable, responsive, and effective attorney in Chambers and Partners Chambers USA Clients Guide for 2006, 2007, 2009, 2010, and Tips to Avoid Employment Claims, Agency Field Office Fall Planning Meeting for insurance agents, November 29, 2012 National Dialogue on Workplace Flexibility: Best Practices for Hawaii Employers, Society for Human Resource Management, Hawaii Chapter, June 1, 2012 An Ounce of Prevention Plus a Pound of Cure: Actions to Taken Now to Help Avoid & Defend Against Discrimination and Other Claims, Hawaii Employers Council, January 6, 2011 FMLA Military Leave Changes, Hawaii Employers Council, January and February 2009 New Decision on Hawaii s Arrest & Court Record Discrimination Law: What Does It Mean for Employers?, Pacific Business News/HSBA Special Supplement, October 27, , B.A. English, University of Hawaii 1993, J.D., UCLA School of Law 23

30 SmithAmundsen LLC ILLINOIS Jill A. Cheskes SmithAmundsen LLC 150 North Michigan Avenue Suite 3300 Chicago, IL Phone: (312) Fax: (312) Cell: (773) Jill Cheskes is a partner in the Chicago office of SmithAmundsen. Her primary area of practice is employment litigation. Ms. Cheskes is experienced in a wide variety of employment-related cases, including those involving claims alleging violations of Title VII, the ADEA, the ADA, the FMLA, the FLSA, the Equal Pay Act and various equivalent state and local statutes, as well as disputes concerning employment agreements and various employment-based tort claims. She represents corporate clients on a national level before the EEOC and equivalent state agencies and in state and federal courts. Ms. Cheskes has tried multiple cases to verdict and has been very successful in resolving employment disputes using alternative dispute resolution. In addition to litigating employment disputes, she also counsels her clients on sound employment practices and policies for their businesses. LaToya Robbins v. Catholic Bishop of Chicago Claim against a Catholic grade school for negligent and willful and wanton hiring, retention and supervision of an alleged volunteer coach. Plaintiff alleged the volunteer coach sexually assaulted her at his home on a Saturday. Agency was denied by the Catholic Bishop. After discovery, summary judgment was granted on all counts for the Catholic Bishop finding a lack of an agency and employment relationship. Jennifer Hardy v. Julie Corless A claim brought by a former employee against her former supervisor alleging breach of contract, tortious interference with contractual relations, and tortious interference with economic expectancy, continued employment. After allowing the plaintiff three attempts to plead a proper cause of action, the case was dismissed on all counts finding the handbook disclaimers precluded a contractual relationship and the at-will relationship would not provide economic expectancy for future employment. Colleen Schickel v. Advocate Health and Hospitals Corporation Claim of disability discrimination, failure to accommodate and termination by former employee. Employee claimed she was written up, given poor performance reviews and ultimately discharged based upon her disability and further alleged that the employer failed to accommodate her disability. Summary Decision was granted on all counts for the employer finding that the employer s actions were for legitimate, non-discriminatory reasons. Civil Rights matters EEOC and DFEH mediations Employment Risk Realities Seminar Complaints Seminar Training Wage & Hour claims Presenter: USLAW Client Conference, Employment and Labor Group, To Arbitrate or Not to Arbitrate? D.R. Horton Hears a Who?, October 2013 Presenter: DRI Employment and Labor Law Seminar: The EEOC s Systemic Discrimination Initiatives: What Every Company Needs to Know When the EEOC Comes Knocking, May 2013 Presenter, Reasonable Accommodation, Illinois Chamber of Commerce Webinar, May 2013 Co-author, The Expanding Americans With Disabilities Act: Will the ADA Amendments Act of 2008 Create a Litigation Surge?, USLAW Magazine, Spring/Summer 2009 Contributing Author, SmithAmundsen s The Labor & Employment Update Blog Contributing Author, Illinois Chamber of Commerce Dispatch, an HR Blog 1996, J.D., University of Notre Dame Law School 1993, B.A., University of Illinois 24

31 SmithAmundsen LLC ILLINOIS Jeffrey A. Risch SmithAmundsen LLC 3815 E. Main Street Suite A-1 St. Charles, IL Phone: (630) Fax: (630) Cell: (630) Jeff Risch serves as chair of SmithAmundsen s Labor & Employment Group. His practice has concentrated in management-side labor & employment matters since Jeff has successfully litigated over 2,000 employment and labor law cases in state and federal courts and represented employers before local, state, and federal administrative agencies throughout the United States. His practice is concentrated on representing employers in employment discrimination and retaliation claims as well as matters involving employee wage and hour claims. He also represents clients in traditional labor law matters including campigning against union organizing petitions, unfair labor practice charges, labor negotiations, and all facets of collective bargaining under the NLRA. He is adept in handling disputes arising under employment related contracts (with an emphasis on non-compete agreements). He has additionally handled various independent contractor and contingent workforce issues. He obtained substantial experience in various areas of employment law and traditional labor law as Director of Legal Affairs for a leading industrial equipment distributor and service provider, with multiple locations throughout the Midwest. Jeff currently serves as Chapter Labor Attorney for the Associated Builders & Contractors of Illinois, and as the Chairperson for the Illinois Chamber of Commerce s Employment Law & Litigation Committee. Chester Bross v. Illinois Department of Transportation Donald Rosen v. The Larkin Center Hocraffer v. Trotter General Contracing Collective Bargaining Employment Risk Realities Seminar Complaints' Seminar Training WCAB-132a Matters Honors and Awards Chair of Illinois Chamber s Employment Law Council, 2014 Named as an Illinois SuperLawyer in Labor & Employment Thomson Reuters, Recognized as a Rising Star in Labor & Employment Law Thomson Reuters, 2012 Service Recognition Award 2011 Associated Builders & Contractors of Illinois Presenter, "2014 Employment Law Updates," Illinois Chamber of Commerce, Webinar, January, 2014 Editor-in-Chief and Lead Author, The Employment Law Handbook, Illinois Chamber of Commerce, Contributing Author, Illinois Chamber of Commerce s HR Advisory Blog Contributor, "Have Gun, Will Carry," Illinois CPA Society's Insight Magazine, Winter Editor and Contributing Author, SmithAmundsen s The Labor & Employment Law Update blog Mr. Risch has also had notable speaking engagements and contributions for the following organizations: Illinois Chamber of Commerce; MotorAge Magazine; CNNMoney; Fox News Chicago; Construction Executive Magazine; New England In-House Counsel Magazine; Daily Herald Businss Ledger; Chicago Tribune; Kane County Bar Association; Lorman Services; Illinois Institute of Continuing Legal ; Associated Builders and Contractors; Midwest Truckers Association; SHRM; and Valley Industrial Association. 1998, J.D., University of Tulsa 1994, B.S., Illinois State University 25

32 SmithAmundsen LLC ILLINOIS Larry Smith SmithAmundsen LLC 150 North Michigan Avenue Suite 3300 Chicago, IL Phone: (312) Fax: (312) Cell: (312) Larry Smith is a founding partner of SmithAmundsen, an Executive Committee member emeritus ( ), and former chair of the firm s Labor & Employment Practice Group. Mr. Smith is experienced at alternative dispute resolution including mediation and arbitration, case monitoring, case evaluation, and trial litigation, having tried over 120 jury cases throughout his career. His experience covers many areas including product liability, transportation, aviation, employment, and commercial law. His practice focuses on risk management consulting, case monitoring, mediation, and implementing successful trial strategies. A career as a trial lawyer exposed him to a retaliatory discharge claim that proceeded to trial with a not guilty verdict. He subsequently became involved in handling administrative hearings on all types of discrimination claims. Sieberlich Micchael vs. St. Joseph Home Obtained not guilty verdict on a retaliatory discharge claim. Duran v. Town of Cicero False arrest/civil rights violation. Civil Rights matters EEOC and DFEH mediations Complaints Seminar Training Honors and Awards Illinois Super Lawyers list for AV rating from Martindale-Hubbell for legal ability and ethics Leading Lawyer for employment law in Illinois Past President of Illinois Association of Defense Trial Counsel Panelist, Genetic Information Non-Disclosure Act: What You Need to Know, USLAW Fall Client Conference, Colorado Springs, CO, October 2010 Presenter, Diversity Issues at Trial, USLAW Fall Conference, September 2006 Contributing Author, SmithAmundsen s The Labor & Employment Law Update, a labor and employment advisory blog Contributing Author, Illinois Chamber of Commerce s Chamber Dispatch, an HR advisory blog Author, The NLRB and Boeing: The Battle Reaches Congress, SmithAmundsen Labor & Employment Monthly, August, 2011 Co-author, Illinois Chamber of Commerce s Illinois Guide to Hiring and Firing, , J.D., University of Michigan 1970, B.A., The College of Holy Cross, cum laude 26

33 Bingham Greenebaum Doll LLP INDIANA Working exclusively in the areas of labor and employment law for the past thirteen years, Andy provides advice, counsel and litigation defense to employers in all areas of employment law, including Title VII, ADA, ADEA, FLSA, FMLA and ERISA. Andy has extensive experience in competitive business litigation, including the prosecution and defense of restrictive covenants and trade secret litigation. Andy also has worked closely with businesses on ADA accessibility compliance, including compliance of public accommodations and web-based services. Andrew W. Gruber Bingham Greenebaum Doll LLP 10 West Market Street Suite 2700 Indianapolis,IN Phone: (317) Fax: (317) Cell: (317) successfully tried race discrimination claim to a defense verdict before a jury in Federal District Court for the Southern District of Indiana. Plaintiff asserted he was harassed and discriminated against because of his race in the termination of his employment. After a several day jury trial, jury returned a defense verdict on all counts. FMLA successfully defended client against multi-count FMLA claim in Federal District Court for the Southern District of Indiana. Received ruling on summary judgment in favor of client. Competitive Business Practices prosecuted and defended multiple matters pertaining to restrictive covenants and trade secret claims in state and federal court throughout Indiana. Civil Rights matters Collective Bargaining EEOC and DFEH mediations Employment Risk Realities Seminar Complaints Seminar Training Wage & Hour claims Title VII Harassment Hostile Environment Cases, Indiana Continuing Legal Forum Fundamental Issues in Human Resources Law, National Business Institute Recent Developments in Human Resources Law, Indiana Continuing Legal Forum Title II of the ADA Public Accommodations, Indiana Association of Cities and Towns Frequent Contributor to INside Indiana Business, INsiders Segments 1999, J.D., University of Toledo College of Law, cum laude 1996, B.A., The Ohio State University 27

34 Simmons Perrine Moyer Bergman PLC IOWA Lisa A. Stephenson Simmons Perrine Moyer Bergman PLC 115 Third Street SE, Suite 1200 Cedar Rapids, IA Phone: (319) Fax: (319) Cell: (319) perrine.com After graduating from law school, Ms. Stephenson clerked in the United States District Court for the Northern District of Iowa for Judge John A. Jarvey and Judge Michael J. Melloy. Following her clerkship, Ms. Stephenson worked as an attorney at Moyer & Bergman, PLC for approximately five years, practicing Employment and Labor Law. Ms. Stephenson next spent several years working in the United States District Court for the Southern District of Iowa for Judge John A. Jarvey as his Career Law Clerk. During her time with Judge Jarvey, Ms. Stephenson routinely addressed Employment and Labor Law issues, i.e., drafting orders on motions for summary judgment, drafting jury instructions, drafting orders on pretrial motions/discovery disputes in Employment and Labor Law matters. Ms. Stephenson s current position with Simmons Perrine Moyer Bergman PLC again has her practicing Employment and Labor Law. Civil Rights matters Collective Bargaining Training Wage & Hour claims 1998, J.D., University of Iowa College of Law, with distinction 1995, B.A., Mount Mercy College, magna cum laude, with honors 28

35 Simmons Perrine Moyer Bergman PLC IOWA Primary counsel in more than 225 pieces of PACER-identified federal litigation including nearly 20 8th Circuit decisions, representing Plaintiffs and businesses; labor arbitration; class action experience. Kevin J. Visser Simmons Perrine Moyer Bergman PLC 115 Third Street SE, Suite 1200 Cedar Rapids, IA Phone: (319) Fax: (319) Cell: (319) perrine.com Brown v. McGraw-Hill, 526 F.Supp.2d 950 (N.D. Iowa 2007) (Defense verdict on multi-million dollar claim by executive involving stock purchase and employment claims.) Kim v. Nash Finch, 123 F.3d 1046 (8th Cir. 1997) (Korean-American immigrant succeeds in retaliation and failure to promote claims under 1991 Civil Rights Act against food wholesaler.) Iverson v. Johnson Gas Appliance Co., Civ (D. Minn. 2000) (Defense verdict on former manager s claims of fraud and contract breach.) Pedersen v. Pedersen, Black Hawk Co. CV (Iowa Dist. Ct. 2010) (Court rejects challenge to employee s shareholder agreement.) Grain Processing Corporation v. Culver, F.Supp. (S.D. Iowa 2010) (Court enjoins Governor from enforcing unconstitutional state labor arbitration statute.) Collective Bargaining Training Honors and Awards Iowa Academy of Trial Lawyers Martindale av peer-rated Chambers recognition Iowa Super Lawyer (Business Litigation) Litigation Counsel of America Suspicion of Mendacity, Proving Employment Discrimination (1995, ISBA Federal Practice Seminar) Beyond the Blue Pencil: Enforcement of Non-Competition Agreements (2007) Trade Secret Litigation (1999, ISBA Trade Regulation Council) Central Missouri State, B.S. (Economics) 1978 University of Iowa College of Law, J.D

36 Simmons Perrine Moyer Bergman PLC IOWA Thomas D. Wolle Simmons Perrine Moyer Bergman PLC 115 3rd Street SE Suite 1200 Cedar Rapids, IA Phone: (319) Fax: (319) perrine.com Mr. Wolle has focused his practice on employment and labor related matters since beginning his legal career in He has tried numerous cases to juries and judges, and has handled multiple appeals in both state and federal court. His litigation and jury trial experience includes cases involving race discrimination, national origin discrimination, disability discrimination, age discrimination, sex discrimination, sexual harassment, and also cases involving various wrongful termination claims, the FMLA, non-compete/unfair competition, drug testing, and contract-based claims. Mr. Wolle s labor law practice has included handling the trial and appeal of cases pending before the NLRB, enforcement proceedings of orders of the NLRB, labor arbitrations, and collective bargaining. Lockhart vs. CRST, (8th Cir. 2010) (Eight Circuit affirms district court s grant of summary judgment on former truck driver s claim of race discrimination) Shelley vs. CRST, (San Bernardino Co. 2007) (defended disability discrimination claim where jury verdict was less than statutory offer of judgment that Defendant served one month after lawsuit filed) Harriott vs. Tronvold (Iowa Ct. App. 2007) (appellate court upholds distribution of proceeds in favor of majority shareholder in business dispute brought by minority shareholders in closely held corporation) Collective Bargaining Complaints Seminar Training Honors and Awards Named one of Iowa s Super Lawyers 2008 and 2009, Employment Law. Americans with Disabilities Act Regulatory and Case Law Update (ISBA 2009) Apportionment (Iowa Ass n Workers Compensation Attorneys 2009) B.A., 1988, Luther College, Decorah, Iowa. J.D., 1992, University of Iowa College of Law, Iowa City, Iowa. 30

37 Bingham Greenebaum Doll LLP KENTUCKY Brent Baughman has represented employers in state and federal courts for the past 20 years, defending civil rights, common law, wrongful discharge, and contract claims. He has frequently counsels employers on labor and employment issues. Brent also has an extensive appellate practice, representing clients before the Kentucky Supreme Court, Kentucky Court of Appeals, United States Supreme Court, and federal Courts of Appeals. He has argued numerous cases, resulting in published decisions addressing the Kentucky Civil Rights Act, common law wrongful discharge and defamation law, franchise law, and a housing authority s state agency status. Brent R. Baughman Bingham Greenebaum Doll LLP 3500 National City Tower 101 South Fifth Street Louisville, KY40202 Phone: (502) Fax: (502) Cell: (502) bbaughman@ bgdlegal.com Buckley v. Kroger Co. Obtained a defense verdict in a hotly contested, 15 year, case. Taking on the case in successful appeal from $1.75 Million verdict at 2001 trial, there were two additional rounds of appeals to both Kentucky appellate courts, culminating in retrial on the sole remaining intentional infliction of emotional distress claim. At the second trial, after more than a week of testimony, jury rejected plaintiff s request for over $3.3 Million in damages, despite highly charged allegations of emotional harm. Duncan Machinery Successful labor arbitration, following two full days of hearing, with arbitrator completely denying grievance seeking over $850,000 in lost wages for five former employees. Union Underwear Co. v. Barnhart Taking case over on appeal at the Kentucky Supreme Court, obtained discretionary review from Court of Appeals Opinion which had affirmed over $1 Million judgment. The Supreme Court vacated the judgment, holding that there could be no extraterritorial application of the Kentucky Civil Rights Act. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Selected for inclusion in The Best Lawyers in America in the fields of Appellate Practice, ; Employment Law Management, Litigation Labor & Employment, 2013 The Best Lawyers in America Louisville Appellate Practice Lawyer of the Year, 2013 Health Care Reform The Ruling What Now?, Bingham Greenebaum Doll Seminar, July, 2012 Sea-Change or Semantics? The Hew and Cry Over Twombly, Iqbal and Their Effect on Employment Litigation, American Bar Association Labor & Employment Law National Conference, November, 2010 What s New With The ADA?, The ADA Amendments Act of 2008, Kentucky Society for Human Resources Management Annual Conference, September, 2009 Employee Free Choice Act What Does It Mean For You?, Kentucky Association of Manufacturers Legislative Summit, February, 2009 The Interplay Between ADA, FMLA and Workers Compensation, Kentucky Society for Human Resource Management Annual Conference, October, , J.D., Indiana University 1988, M.B.A., Indiana University 1984, B.A., University of Louisville 31

38 Bingham Greenebaum Doll LLP KENTUCKY Wendy B. Becker Bingham Greenebaum Doll LLP 300 West Vine Street Suite 1100 Lexington, KY Phone: (859) Fax: (859) Cell: (859) Wendy Becker has been practicing in the employment field for approximately twenty-four years. For the past sixteen years, she has practiced employment law exclusively. Ms. Becker s early work focused on sexual harassment law where she often represented individual defendants accused of sexual harassment. Over the years, her experience has expanded to handling a very wide variety of discrimination, non-compete, wage and hour and wrongful discharge cases. In addition, She counsels employers on hiring and firing issues, assist in creating employment and severance agreements, provide training to managers, help with the drafting and redrafting of employee handbooks and provide such other services as employers need. Ms. Becker has engaged in several administrative hearings (state and local Health Department hearings, injunction hearings involving non-compete agreement sand an OSHA hearing.) Wendy Becker has participated in only one trial that was in a pure employment case: Brooks vs. Lexington- Fayette Urban County Housing Authority, in Fayette Circuit Court, Lexington, Kentucky. The result was mixed: no liability on the discrimination/harassment claim; a small verdict on the retaliation count. On the other hand, she has participated in two relatively recent Health Department state administrative hearings which resulted in decisions by the Hearing Officers in favor of our Health Department clients. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Best Lawyers in America in field of Employment Law-Management Litigation Labor and Employment, Chambers USA: America s Leading Lawyers for Business, in the area of Labor and Employment Kentucky Super Lawyer in the field of Employment Litigation: Defense: UK/CLE 13th Biennial Employment Law Institute, May 2012 FMLA Master Class for Kentucky Employers, 2010 UK CLE 12th Biennial Employment Law Institute, June, 2010 Employers in Cyberspace, Greenebaum Doll & McDonald Breakfast Briefing, November 2009 Workplace Harassment: Sexual, Racial and General, WK/CLE Monograph, Co-author with Julia Hackworth, , J.D., University of Kentucky 1976, M.A., Middlesburg College 1972, B.A., University of Richmond 32

39 Bingham Greenebaum Doll LLP KENTUCKY Philip C. Eschels Bingham Greenebaum Doll LLP 3500 National City Tower 101 South Fifth Street Louisville, KY40202 Phone: (502) Fax: (502) Cell: (502) After teaching history for seven years, Phil Eschels has practiced labor and employment law for 28 years. His experience includes litigation in court, as well as before the NLRB and EEOC. Phil has also engaged in collective bargaining and labor arbitrations. His litigation experience has been defending employers against all forms of discrimination claims, collective wage and hour claims, non-compete litigation and wrongful discharge claims. Phil regularly provides employment counsel on all aspects of employment, management training, and drafting of employment agreements, severance agreements and employee handbooks. Phil is the Co-Chair of the firm s Labor and Employment Practice Group. Meyers v. Chapman Printing Company in Fayette Circuit Court, Lexington, Kentucky. This case established numerous legal issues of first impression under the Kentucky Civil Rights Act, including the right to a jury trial and recovery of compensatory damages. At trial, the jury found for the defendant on the Plaintiff s sex discrimination discharge claim and found for the plaintiff on her sex harassment claim. Moore v. Commonwealth Aluminum in Hancock Circuit Court, Hawesville, Kentucky. This case alleged race discrimination against a discharged supervisor. Although the jury found for the plaintiff, the Kentucky Court of Appeals held that summary judgment should have been granted to the defendant and reversed the verdict in its entirety. Brooks vs. Lexington-Fayette Urban County Housing Authority, Fayette Circuit Court, Lexington, Kentucky. The result was mixed: no liability on the discrimination/harassment claim that sought recovery of significant liability and a small verdict in favor of the plaintiff on the retaliation count. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Included in The Best Lawyers in America in the areas of Employment Law-Management, Labor Law- Management and Litigation Labor & Employment, Inclued in Who s Who Legal USA and the International Who s Who of Management Labour & Employment Lawyers Inducted as a Fellow in the College of Labor and Employment Lawyers, Inc., 2007 Ethics & Professionalism: Exploring the Boundary Between Zealous Advocacy and Lawyer Misconduct, 29th Annual Carl A. Warns, Jr. Labor & Employment Law Institute Lessons From Penn State Businesses Need to Review Reporting Policies and Conduct Ongoing Training Trial Tactics, American Bar Association Labor & Employment Section s Annual Meeting, Denver, CO, September 12, 2008 How to Protect Your Company in the Modern Age of Social Media Overcoming Compliance and Employee Leave Challenges, FMLA Master Class for Kentucky Employers, , J.D., Indiana University School of Law, with honors 1977, M.A., Ball State University 1974, B.A., Concordia University, River Forest, IL 33

40 Richardson, Whitman, Large & Badger MAINE Attorney Stouder has represented many employers before the Maine Human Rights Commission regarding claims of age, disability and gender discrimination, as well as various types of harassment claims. Elizabeth G. Stouder Richardson, Whitman, Large & Badger 465 Congress Street Portland, ME Phone: (207) ext 5718 Fax: (207) Chancey and Coombs v. GM, Ford, Chrysler and 59 Car Dealerships (Maine) Maine Human Rights Commission PA PA Represented 33 car dealers on claims before the Maine Human Rights Commission on claims that dealers and manufacturers unlawfully discriminated against Canadian citizens in not permitting sales of new cars from U.S. dealerships. Commission finding of no unlawful discrimination. Goss v. Care & Comfort Maine Human Rights Commission E Successful representation of employer care provider in claim of wrongful termination and discrimination based on claimed disabilities of employee. Commission finding of no unlawful discrimination. Middlebury College, B.A. Political Science, 1975 Temple University School of Law, J.D

41 Franklin & Prokopik, PC MARYLAND Albert B. Randall, Jr. Franklin & Prokopik, PC 2 N. Charles Street, Suite 600 Baltimore, MD Phone: (410) Fax: (410) Cell: (410) [email protected] Bert Randall concentrates his practice in the defense of employers in labor and employment matters in state and federal courts and before state and federal administrative agencies, including, but not limited to: U.S. EEOC and State and Local FEP agencies, Department of Labor, DLLR, MOSH/OSHA, NLRB, and Office of Administrative Hearings. He represents employers in employment related litigation to include matters involving discrimination, FMLA, ADA, employment contracts, wrongful discharge, wage and hour, unemployment, occupational safety and health, workers compensation and retaliation claims. He also represents employers in collective bargaining and in labor arbitrations on matters such as contract interpretation and discharge issues. In addition to his active trial practice, Mr. Randall places an emphasis on counseling employers in effective employment policy formation and training in order to avoid cost and litigation. Babwah v. Henry s Wrecker Service Represented a motor carrier who had been sued for wage and hour violations. Specifically, the employee alleged a failure to pay overtime. Relying upon the motor carrier exemption to the Fair Labor Standards Act, Mr. Randall obtained summary judgment on behalf of the employer before the U.S. District Court for Maryland. Bello v. Brink s, Inc. Represented a national security company who had been sued for false imprisonment, malicious prosecution, battery, assault and intentional infliction of emotional distress, among other counts, by a former employee. Plaintiff alleged these causes of actions after he had been charged with theft. After detailed discovery and briefing, Mr. Randall obtained summary judgments in behalf of his client on all counts. Green v. Hahn Transportation, Inc. Plaintiff alleged an occupational disease sustained in the course of employment. After a three day jury trial, Mr. Randall successfully moved to strike Plaintiff s key medical expert and subsequently obtained a directed verdict in favor of his client. Alternative Dispute Resolution Collective Bargaining Employment Contracts Employment Law Training for Managers/Employees Employment Practices Liability Insurance Equal Pay Act Matters FMLA Issues Labor Arbitrations Non-Competes and Restrictive Covenants Occupational Safety & Health Investigations Training Workers Compensation Workplace Violence Honors and Awards Prior USLAW Network, Inc. Employment and Labor Law Practice Group Chair. Testified numerous times in behalf of the Maryland Chamber of Commerce before the Maryland Legislature on a variety of employment legislation. National Labor Relations Act Update, Maryland Motor Truck Association The Impact of Employment Practices Liability Insurance on Employment Claims. American Bar Association Changes Faces of ADA and VEVRAA, Maryland Association of Affirmative Action Officers The Perils of Social Media Hunt Valley Business Forum What To Do When Faced With Permanent Restrictions, SEAK, Inc OSHA Updates and Recordkeeping Issues, Maryland Motor Truck Association Utilizing Non-Competes and Restrictive Covenants to Protect Your Proprietary Information, Maryland Ready Mix Concrete Association University of Maryland, BS Business, 1991 University of Baltimore School of Law, JD (cum laude),

42 Adler Pollock & Sheehan P.C. MASSACHUSETTS Robert P. Brooks Adler Pollock & Sheehan P.C. 175 Federal Street, 10th Floor Boston, MA Phone: (617) Fax: (617) Robert P. Brooks is the firm s Managing Partner and Chairman of the Labor and Employment Law Group. He represents management in all facets of labor relations and employment law in the public and private sectors. Mr. Brooks regularly and successfully handles collective bargaining negotiations and the defense of union organizing campaigns. He has successfully represented employers in employment discrimination matters, and a wide variety of labor arbitration and administrative proceedings. In addition, he lectures frequently to groups and private companies on many of the issues facing human resource professionals on a daily basis. and Dispositions Successful appeal of adverse arbitration decision which found new City Ordinance regulating City employee use of City vehicle to be a violation of the parties collective bargaining agreement. The Court upheld City s right to promulgate regulations regarding operational issues even where ordinance conflicts with collective bargaining agreement. Successful completion of collective bargaining negotiations with multiple unions representing employees at the Rhode Island Convention Center and Dunkin Donuts Center. Successful defense in grievance arbitration of employer termination of long-term employee for workplace violation. Advise international hotel investment group on complicated labor and employment issues related to acquisition of major hotel property. Challenge to statutory and regulatory provisions requiring premium pay for work on Sunday. Mobilized opposition to repeal of regulations. Appealed adverse decision to Superior Court. Petitioned RI Supreme Court for writ of certiorari. Collective Bargaining Complaints Seminar Training Honors and Awards Top 20 Most Powerful Labor Attorneys in the Nation by Lawdragon Magazine and Human Resource Executive Best Lawyers 2012 & 2014 Lawyer of the Year, Labor Law-Management, Providence, R.I. Chambers USA America s Leading Business Lawyers as one of the Leaders in Rhode Island and as one of Rhode Island s best in Labor and Employment Law, The Best Lawyers in America in the field of Labor and Employment Law, Rhode Island Super Lawyer, , an honor that recognizes him as a leader in the legal community Misclassifications of Employees and its Implications Under Federal and State Labor and Employment Laws, National Grid, January 27, 2014 Nonprofits / Best Practices What You Need To Know for 2014, Providence Business News Summit, December 11, 2013 New Tactics in Union Organizing, Rhode Island Hospitality Association, November 18, 2013 Social Media in the Workplace What s An Employer To Do?, Newport Chamber of Commerce HR Roundtable, November 13, 2013 Where Labor Law and Receivership/Bankruptcy Law Intersect, Fourteenth Annual Labor Arbitration Conference, October 25, 2013 Tipped Employees Under the Fair Labor Standards Act, Rhode Island Hospitality Association Annual Wage & Hour Seminar, June 13, 2013 Recent Employment Law Decisions and Development, RI SHRM 15th Annual Legislative & Employment Law Conference, April 11, 2013 Labor and Employment Update, National Grid, December 13, 2012 Taxes, Tips and Trouble How to Avoid Costly Mistakes, Rhode Island Hospitality Association Annual Wage & Hour Seminar, October 10, 2012 Suffolk University (J.D., 1987) Rhode Island College (B.A., 1982) 36

43 Adler Pollock & Sheehan P.C. MASSACHUSETTS Mike Chittick handles all facets of labor and employment law and related litigation, consistently finding efficient, practical solutions for his private and public sector clients. His successful track-record includes collective bargaining negotiations, labor arbitrations, alleged unfair labor practices, employment discrimination, wage-hour laws, medical leave, reductions-in-force, OSHA compliance, employee discipline and termination, and day-today personnel issues. Mike has successfully represented employers in labor arbitrations and employment discrimination matters in both federal and state courts and before a wide array of administrative agencies. Mike s practice also extends to various business-based immigration matters. Michael D. Chittick Adler Pollock & Sheehan P.C. 175 Federal Street, 10th Floor Boston, MA Phone: (617) Fax: (617) [email protected] Successfully represented Rhode Island s largest gaming facility in collective bargaining negotiations with the various unions that represent its employees. Represented lender group in connection with refinancing of resort casino. Representation included advising client with regard to state gaming laws and regulations, creation and perfection of security interests in associated real property, personal property, licensure and securities. Assisted client in connection with interaction with relevant state gaming authorities. Successfully argued in Rhode Island Superior Court that an agency decision which would have likely resulted in over $1 million of overtime pay liability against our client should be reversed. Frito-Lay, Inc. v. Rhode Island Department of Labor and Training, et al., C.A. No. PC , 2013 WL , 2013 R.I. Super. LEXIS 71 (April 12, 2013). Won summary judgment for employer-client in the U.S. District Court with respect to all claims asserted against it, including alleged violations of federal and state disability discrimination statutes and various education laws. Richardson v. Whitmarsh Corporation, 2009 WL (D.R.I. December 29, 2009) Collective Bargaining Complaints Seminar Training Honors and Awards Recognized in the editions of Chambers USA America s Leading Business Lawyers in the field of Labor & Employment Law. Named Rhode Island Rising Star in , by the publishers of Super Lawyers, recognizing him as an outstanding young attorney in the Rhode Island legal community. Remedies For In An Employment At-Will State, Speaker/Presenter Rhode Island Bar Association Annual Meeting, Providence, RI, June 13, 2013 Employment Laws Made Simple, Speaker/Presenter National Business Institute, Providence, RI, June 6, 2012 Petitions To Vacate Labor Arbitration Awards, Speaker/Presenter URI Labor Arbitration Conference, Newport, RI, October 30, , J.D., Boston College 1995, B.A., Trinity College 37

44 Adler Pollock & Sheehan P.C. MASSACHUSETTS Rory Z. Fazendeiro has been practicing nearly fourteen years in employment litigation and counseling. His practice includes representing management and employees in a wide range of employment-related matters, including wage and hour law, non-competition and trade secret claims, and employment discrimination. Rory s practice also includes negotiating and drafting employment contracts and severance agreements and counseling clients on issues involving federal and state employment laws, including FLSA, NLRA, Title VII and ADA. Rory Z. Fazendeiro Adler Pollock & Sheehan P.C. 175 Federal Street, 10th Floor Boston, MA Phone: (617) Fax: (617) rfazendeiro@ apslaw.com Employment Risk Realities Seminar Training 2014 Employment Law Update, Speaker, SBANE HR Committee, February 2014 Employment Covenants: Protecting Your Most Valuable Business Interests, Speaker, Rhode Island Continuing Legal, May 2013 Mitigating Your Employment Risks, Restrictive Covenants in Massachusetts, Speaker, SBANE Annual Program, January 2013 Managing Business Liability Risks for Emerging Business, Speaker, Smaller Business Association of New England Breakfast Seminar, Employment Law Update, Speaker, SBANE HR Committee, February , J.D., Roger Williams University School of Law, Bristol, RI Roger Williams Law Review; Notes and Comments Editor 1994, B.A., Hobart College, Geneva, NY 38

45 Larson King, LLP MINNESOTA David Wilk focuses his practice on employment litigation and counseling. Throughout his 20 years in the employment area, Mr. Wilk has successfully litigated numerous sex, race, age and disability discrimination case law in state and federal courts, including appellate courts. Mr. Wilk has also handled matters before the EEOC and other agencies, and he also has extensive experience counseling employers on reductions-in-force, harassment investigations, violence in the workplace and other human relations matters. Prior to joining Larson King, he served as in-house counsel for a Minnesota-based high tech company and was a partner at Oppenheimer Wolff & Donnelly LLP. Mr. Wilk serves as Larson King s managing partner. David M. Wilk Larson King, LLP 30 East Seventh Street Suite 2800 St. Paul, MN Phone: (651) Fax: (651) Cell: (651) [email protected] Feinwachs v. Minnesota Council of Health Plans, et al., 2012 WL (Minn. Ct. App. Sept. 24, 2012) (affirming summary judgment on claim for tortuous interference with employment relationship) McLain v. Andersen Corp., 567 F.3d 956 (8th Cir. 2009) (affirming summary judgment, claims of disability discrimination, reprisal and fraud) Schurmeier v. Nash Finch Company, 2007 WL (D. Minn. 2007) (ordering trial on sex discrimination claim; defense verdict following trial) Srch v. 3M Company, 259 Fed. Appr. 949 (9th Cir. 2007) (affirming summary judgment for employer on claim regarding compensation plan) Alberts v. Nash Finch Co., 245 F.R.D. 399 (D. Minn. 2007) (certifying class actions and ordering trial under WARN ACT; defense verdict following trial) Employment Risk Realities Seminar Complaints Seminar Training The Basics of Drafting Separation Agreements, Upper Midwest Employment Law Institute, 2013 Important Recent Developments in Employment Law and Practice, Upper Midwest Employment Law Institute Faculty Webinar, 2012 Introduction to Religious Accommodation in the Workplace, Upper Midwest Employment Law Institute, 2011 Strategic Discovery Practice, Upper Midwest Employment Law Institute, 2010 (panelist) RIFs: A 360-Degree View, Upper Midwest Employment Law Institute, 2009; and Highlights of the 2009 Upper Midwest Employment Law Institute The Reduction-In-Force Desk Reference, co-authored with Yvonne Shorts and Melissa Weldon, 2008 Hamline University, B.A., magna cum laude, 1988 University of Minnesota School of Law, J.D., cum laude,

46 Copeland, Cook, Taylor & Bush, P.A. MISSISSIPPI Robert C. Richardson Copeland, Cook, Taylor & Bush, P.A. 600 Concourse, Suite Highland Colony Parkway Ridgeland, MS Phone: (601) Fax: (601) Cell: (601) Mr. Richardson has over 25 years of experience in assisting employers with the myriad of laws affecting the workplace. He provides counsel to employers regarding day-to-day personnel matters, and assists with issues and proactive measures such as drafting employee handbooks and policies, supervisor training, drafting and enforcing employment-related agreements, and employee compensation. Mr. Richardson also assists employers with investigations and charges by the EEOC, OSHA, Wage & Hour, NLRB, and OFCCP, and in defending lawsuits related to wrongful discharge, whistle-blowing, discrimination, harassment, retaliation, leaves of absence, breach of contract, and minimum wage/overtime. Mr. Richardson also counsels and assists employers with labor issues such as union avoidance strategies, union elections, collective bargaining, and arbitrations. Prior to joining Copeland Cook in 1999, he worked in-house in Memphis, Tennessee, for a large Japanese electronics manufacturer. He currently serves as the chair of Copeland Cook s Labor & Employment Law section. Representing both local and national employers, Mr. Richardson has defended numerous state and federal court lawsuits involving employment-related claims. This includes cases involving allegations based on federal employment laws such as Title VII, ADA, ADEA, FLSA, and FMLA, as well as state law claims and allegations involving wrongful discharge, whistle-blowing, breach of contract, breach of noncompetition agreements, infliction of emotional distress, breach of fiduciary duty, and tortious interference. He has also represented companies in a number of union arbitrations and has served as a labor arbitrator. Mr. Richardson previously served as a Special Judge for the Memphis City Courts. Collective Bargaining EEOC and DFEH mediations Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Chair, Labor & Employment Law Section of The Mississippi Bar ( ) Served as arbitrator for employer/union arbitrations Selected as a Special Judge for the Memphis City Courts Social Media Policies: Issues and Concerns The FMLA and the ADA: A Workers Compensation Perspective Fair Labor Standards Act: Basic Requirements and Common Violations What to Do When OSHA Shows Up: The Basics The Limitations of the Employment-at-Will Doctrine in Mississippi, The MDLA Quarterly, Fall , J.D., University of Mississippi School of Law 1983, B.B.A., University of Mississippi 40

47 Copeland, Cook, Taylor & Bush, P.A. MISSISSIPPI Kimberly Rosetti s experience in Employment and Labor Law involves ten years of representation of corporate clients on the Mississippi Gulf Coast for various employment issues and litigation including sexual harassment lawsuits, race discrimination lawsuits and wage and hour litigation. During this time period, numerous seminars have been attended including national DRI seminars focused on Employment and Labor Law litigation. Ms. Rosetti is licensed in Mississippi. Kimberly S. Rosetti Copeland, Cook, Taylor & Bush, P.A. Gulf Coast Professional Towers 2781 C.T. Switzer Sr. Drive Suite 200 Biloxi, MS Phone: (228) Fax: (228) Cell: (228) [email protected] During Ms. Rosetti s representation of Employment and Labor Law litigation, the majority of cases are dismissed by summary judgment and/or resolved successfully for the client without the need for a trial. 1998, J.D., University of Mississippi School of Law 1989, B.S., Paralegal Studies and Minor in Accounting, University of Southern Mississippi 41

48 Lashly & Baer, P.C. MISSOURI James C. Hetlage Lashly & Baer, P.C. 714 Locust Street St. Louis, MO Phone: (314) Fax: (314) Cell: (314) baer.com Jim Hetlage has represented employers for over 19 years in all aspects of employment discrimination, general employment and labor law issues. Mr. Hetlage has successfully defended employers in race, age, sex, and disability discrimination cases as well as sexual and racial harassment cases and wage and hour collective actions. Mr. Hetlage also has experience in resolving employment and labor disputes through arbitration and mediation. Mr. Hetlage takes an aggressive approach to defending employment cases, by thoroughly analyzing the facts in each case and identifying means to win the case as swiftly as possible in order to save his clients both time and substantial legal fees. Mr. Hetlage has argued labor and employment matters before the Missouri Supreme Court, the Federal courts, and the state trial courts in Missouri and Illinois. Through his active involvement in well over 100 agency investigations at the EEOC and state human rights commission level, Mr. Hetlage is often able to avoid litigation for his employer clients. Mr. Hetlage s representation of employers includes representation in non-compete and trade secret cases, consultation regarding hiring practices, ADA compliance issues, termination and disciplinary practices, FLSA compliance, and preparation and review of employee manuals and policies. Mr. Hetlage is licensed to practice before the United States Courts of Appeals for the Eighth Circuit and the Federal Circuit, the United States District Court for the Eastern District of Missouri, the Supreme Court of Missouri and the Supreme Court of Illinois. Wilma Warren v. Board of of the City of St. Louis, United States District Court, Eastern District of Missouri Defendant s verdict in Fourth Amendment drug testing Federal Court jury trial. Cross v. Board of, 223 F.3d. 867 (8th Cir.) prevailed at trial court and in U.S. Court of Appeals, Eighth Circuit, on appeal in public employment due process case. Wack v. Board of of the City of St. Louis, 25 S.W.3d 689 (Mo. App. E.D.) prevailed at trial court and on appeal on First Amendment freedom of speech employment lawsuit. Collective Bargaining Complaints Seminar Training Honors and Awards Missouri & Kansas Super Lawyers, Employment Law, 2005, 2009-Present Martindale-Hubbell AV-Rated Fair Labor Standards Act for Public Employers, Missouri School Boards Association, October 2013 FMLA Update New Regulations, New Rules, Missouri Association of School Business Officials, April 2010 Social Networking Websites in the Workplace, Missouri School Boards Association Annual Conference, October 2009 Employment Laws for Missouri School Districts, Missouri Association of School Business Officials Conference, April 2007 Selecting and Terminating Employees, NBI Seminar, January 2003 B.A. English Literature 1986, Kenyon College J.D. 1989, Washington University 42

49 Davis, Hatley, Haffeman & Tighe, P.C. MONTANA Gregory J. Hatley Davis, Hatley, Haffeman & Tighe, P.C. P. O. Box 2103 Great Falls, MT Phone: (406) Fax: (406) Cell: (406) dhhtlaw.com Greg Hatley has almost thirty years experience counseling and representing Montana employers in a wide variety of employment issues, before the Montana Human Rights Commission and in state and federal courts, including defending claims of age and sex discrimination and wrongful discharge and for unemployment benefits, as well as crafting enforceable covenants not to compete under Montana s peculiar legal environment. He regularly provides all manner of employment related advice to the Diocese of Great Falls-Billings, for which he serves as legal counsel. In addition, Mr. Hatley serves on the Board of Directors of Benefis Healthcare, the largest hospital in Montana, in which role he is called upon for advice and guidance by the hospital s senior management on employment issues. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training B.A., Carroll College 1975 J.D., Gonzaga University School of Law,

50 Baird Holm LLP NEBRASKA Christopher R. Hedican leads the employment litigation practice for the firm s Labor, Employment and Employee Benefit Law Group, defending all types of employment claims, including discrimination, wrongful termination, retaliation, employment torts and public policy claims. He devotes a substantial part of his practice to the prosecution and defense of non-compete, trade secret, fiduciary breach, and business tort litigation. He also handles complex ERISA litigation. Chris regularly handles cases in state and federal courts for firms clients throughout the country, but particularly in the Midwest. Christopher R. Hedican Baird Holm LLP 1500 Woodmen Tower 1700 Farnam Street Omaha, NE Phone: (402) Fax: (402) chedican@baird holm.com Successfully prosecuted non-compete and trade secret cases for several Fortune 500 companies. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Since 2003 Mr. Hedican has been named in Best Lawyers of America. He is also listed in Chambers USA, Super Lawyer and is AV rated by Martindale-Hubbell Litigation Counsel of America SHRM Nebraska 2012 Volunteer of the year He is a regular presenter and emcee of the annual Baird Holm Labor & Employment Law Forum, which hosted its 25th Annual Forum in April Mr. Hedican was a presenter at SHRM Nebraska State conference in 2012 Presenter at the National Blue summit in 2012 on ERISA subrogation and reimbursement He was a panelist of the 2011 Nebraska Minority Justice Committee s 7th Annual Legal Diversity Summit. Mr. Hedican was a presenter at the United States Equal Employment opportunity commission Denver District Office Technical Assistance Program in 2001 and Mr. Hedican is also a regular author for the Labor and Employment Law Update, a monthly newsletter written and published by the Labor, Employment and Employee Benefits Group at Baird Holm LLP. Co-author of McDonnell Douglas: Alive and Well! Vol. 52 No. 3 Drake Law Review 383 (2004) Co-author of The 1993 Amendments to the Federal Rules of Civil Procedure: Their Anticipated Impact on Employment Litigation, Vol. 28 No. 4 Creighton Law Review 997 (1995) 1990, J.D., Washington University in St. Louis School of Law 1990, M.B.A., John M. Olin Graduate School of Business of Washington University in St. Louis 1986, B.S., Creighton University, cum laude 44

51 Baird Holm LLP NEBRASKA Lindsay K. Lundholm Baird Holm LLP 1500 Woodmen Tower 1700 Farnam Street Omaha, NE Phone: (402) Fax: (402) holm.com Lindsay Lundholm is a member of the Firm s Litigation Section and Labor and Employment Practice Group. Her practice is focused upon the defense of entities and individuals in complex commercial, contractual, and other high stakes litigation. Lindsay has significant first-chair experience in state and federal court, in Nebraska and Iowa. She also has an extensive background in alternative dispute resolution, regularly enforcing agreements to arbitrate, frequently trying cases in arbitration proceedings, and advocating for clients in mediation. Before joining the Firm, Ms. Lundholm served as a law clerk to the Honorable William Jay Riley of the United States Court of Appeals for the Eighth Circuit in Obtained multiple judgments at trial in favor of business clients in disputes with former employees and agents which involved allegations ranging from employment discrimination to misappropriation of business property, confidential information, and trade secrets Successful representation of insurance, financial services, retail, and other businesses in suits brought by and against former employees and independent contractors Frequent defense of large employers before the Nebraska Workers Compensation Court Successful resolution of disputes arising out of injuries occurring in the business setting, and resolution of subrogation issues related to injuries in the workplace Strategic advocacy in complex employment discrimination and other discrimination actions Honors and Awards Lindsay has been recognized by Benchmark Litigation as a Future Star of the Nebraska Bar. Ms. Lundholm is a frequent presenter at the Baird Holm Labor & Employment Law Forum. The Forum is the largest employment law seminar in the region and is in its 21st year. Ms. Lundholm recently addressed the Human Resources Association of the Midlands about developments in Nebraska s Workers Compensation Law. Ms. Lundholm is a frequent author for the Labor & Employment Law Update, a monthly newsletter written and published by the Labor, Employment and Employee Benefits Law Group at Baird Holm LLP. After the passage of Nebraska s Concealed-Carry law in 2006, Ms. Lundholm published an article in the Nebraska Lawyer entitled Can Your Employees Bring Guns to Work? 2004, International Association of Defense Counsel Trial Academy, Stanford University 2001, J.D., University of Iowa College of Law 1998, B.A., History and Psychology, University of Kansas 45

52 Baird Holm LLP NEBRASKA R.J. (Randy) Stevenson Baird Holm LLP 1500 Woodmen Tower 1700 Farnam Street Omaha, NE Phone: (402) Fax: (402) Cell: (402) holm.com Partner and Chair of the Firm s Labor, Employment, and Employee Benefits Law Group. 28 years in practice representing private and public employers exclusively concerning employment counseling and compliance, traditional labor relations (including NLRB litigation, labor arbitration, collective bargaining, and union avoidance campaigns), and OSHA counseling and litigation. Former Chair of the Nebraska State Bar Association Labor Relations and Employment Law Section. Former Adjunct Faculty member at Creighton University School of Law. Named in: Best Lawyers in America (Labor and Employment); Chambers USA (Labor and Employment); and Great Plains Super Lawyers (Labor and Employment). AV rated by Martindale-Hubbell. Admitted in Nebraska and Iowa. Litigation limited to NLRB litigation, labor arbitrations under collective bargaining agreements, and OSHA defense litigation. Millard Refrigerated Services, Inc. and United Food & Commercial Workers Local Union 230, 345 NLRB 1143 (2005) St. Luke s Health System, Inc. and United Food & Commercial Workers Local Union 222, 340 NLRB 1171 (2003) Millard Refrigerated Services, Inc. and United Steelworkers of America, AFL-CIO-CLC, 326 NLRB 1437 (1998) Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Best Lawyers in America (Labor and Employment) Chambers USA: America s Leading Lawyers for Business ( Band 1 for Labor and Employment) Great Plains Super Lawyers (Labor and Employment) Speaker on labor and employment law topics at approximately 200 seminars. Audiences have included attorneys, human resource professionals, trade association members, and professional organization members. J.D. 1985, University of Nebraska College of Law. B.S.B.A. 1982, University of Nebraska at Omaha. 46

53 Thorndal Armstrong Delk Balkenbush & Eisinger NEVADA Steve Balkenbush has been involved in employment and labor law litigation for over 25 years. His experience has included hearings at the Nevada Equal Rights Commission and the EEOC. The majority of his work has been involved in defending actions of employers in civil litigation. The types of cases have run the gamut, many of these cases have involved claims of race, gender and age discrimination. Also, many of the cases have involved claims of quid pro quo sexual harassment and hostile work environment sexual harassment. A majority of the law suits Steve has defended have also involved claims of wrongful termination. Stephen C. Balkenbush Thorndal Armstrong Delk Balkenbush & Eisinger 6590 S. McCarran Boulevard Suite B Reno, NV Phone: (775) Fax: (775) Cell: (775) [email protected] Vickerman v. Accessible Space Incorporated, et al. This case involved claims of discrimination based upon the alleged disability of an individual. This matter was litigated in the United States District Court for the District of Nevada. Botello v. Washoe County, et al. This case involved claims of retaliation in employment based upon the alleged exercise of an employee s First Amendment rights. The Plaintiff claimed that after he engaged in the alleged protected whistleblowing on the District Attorney of Washoe County, Nevada he ended up being terminated as a result of his whistleblowing. Robinson v. Humboldt County, Nevada and District Attorney, Russell Smith, et al. This case involved the termination of Plaintiff from the District Attorney s Office in Humboldt County, Nevada due to her insubordination. She filed her lawsuit in United States District Court for the District of Nevada. She made no less than six discrimination claims in her lawsuit. Collective Bargaining Training Steve Balkenbush has spoken as a presenter at the annual meetings of the Nevada Public Agency Insurance Pool Litigation Strategy Forum for the past 10 years on a wide variety of employment and labor law issues. 1978, J.D., California Western School of Law, cum laude 1975, B.S., University of Colorado 47

54 Thorndal Armstrong Delk Balkenbush & Eisinger NEVADA Deborah Elsasser has practiced in Nevada since In the employment law field, she has handled numerous employment litigation cases and claims, including but not limited to wrongful discharge, sexual harassment, hostile work environment, age discrimination and Fair Labor Standards Act claims in both state and federal court. Ms. Elsasser also provides non-litigation services and advice to help employers, including review and/or drafting of policies and procedures and educational services, including updates on recent cases and changes in the law. Deborah L. Elsasser Thorndal Armstrong Delk Balkenbush & Eisinger 1100 East Bridger Avenue Las Vegas, NV Phone: (702) Fax: (702) , J.D., University of Nebraska at Lincoln 1984, B.A., University of Nebraska at Kearney 48

55 Thorndal Armstrong Delk Balkenbush & Eisinger NEVADA Kathy Parks has 15 years experience in employment and labor law, both for public and private employers. Her experience includes federal court practice and litigating in the administrative arena before the EEOC, the Nevada Equal Rights Commission, and the U.S. Department of Housing and Urban Development. Katherine F. Parks Thorndal Armstrong Delk Balkenbush & Eisinger 6590 S. McCarran Boulevard Suite B Reno, NV Phone: (775) Fax: (775) Cell: (775) [email protected] The majority of employment law cases Kathy Parks has handled in the last 15 years have been disposed of on motions. Much of her employment and labor law practice is devoted to the representation of government entities. Given the immunities afforded these clients, as well as certain limitations on damages, a large majority of these cases are subject to dispositive motions. Those that are not are generally settled. Collective Bargaining Training Kathy Parks appears yearly at the Litigation Strategy Workshop held by the Nevada Public Agency Insurance Pool, an insurance cooperative whose members include 113 political subdivisions in the State of Nevada. Topics include Title VII, ADA, and ADEA claims, and other forms of 1983 litigation. 1997, J.D., California Western School of Law 1995, B.S., Political Science, University of Nevada, Reno 49

56 Gallagher, Callahan & Gartrell NEW HAMPSHIRE For over 20 years, Mr. Cairns has been representing individuals, companies and municipalities in employment matters. He has handled annual counseling sessions, investigations, termination negotiations including noncompete considerations, and litigation before the EEOC, Human Rights Commission and state and federal courts. Outside of the office, he has been the lead negotiator for the Hopkinton School District on three different union negotiations with Teachers, Aids and Custodians. R. Matthew Cairns Gallagher, Callahan & Gartrell 214 North Main Street Box 1415 Concord, NH Work Phone: (603) Fax: (603) Cell: (603) Brown v. Town of Northfield, defense verdict and appellate affirmance this case involved the termination of a police officer for misconduct. He appealed the decision to the Superior Court where the Court affirmed the termination. The Supreme Court affirmed the trial court s decision on the briefs. Multiple administrative proceedings where claimants were dismissed and elected not to file suit age discrimination, sexual harassment, gender discrimination, wrongful termination Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Best Lawyers: Labor and Employment Litigation 2013, 2014 Trial Academy, International Association of Defense Counsel, Stanford University, July 2013 Litigation Management College, Federation of Defense and Corporate Counsel, Emory University, June 2013 Special Considerations for Law Enforcement Employment Practices, Primex3 Law Enforcement Symposium, November 4, , J.D., Case Western Reserve University School of Law, cum laude 1983, B.A., History and International Relations, Brown University 50

57 Gallagher, Callahan & Gartrell NEW HAMPSHIRE Dodd S. Griffith Gallagher, Callahan & Gartrell P.O. Box 1415 Concord, NH Work Phone: (603) Fax: (603) Cell: (603) Dodd has over 23 years of experience in corporate, tax and securities law and has an L.L.M. in Taxation from Boston University, a law degree from Vanderbilt University and undergraduate degree from Dartmouth College. His clients include financial institutions, venture-backed companies, venture capital investors, and non-profit institutions. Dodd advises employers and executives on the design and implementation of executive employment agreements, retention plans and severance arrangements. Dodd also advises businesses and non-profits on the design, implementation and operation of executive compensation and employee benefits plans, including supplemental executive retirement plans, stock option and restricted stock plans, split-dollar life insurance, golden parachute, change in control agreements, and 457(b) and 457(f) plans for executives of non-profit institutions. Dodd assists clients with the design, implementation and operation of pension and welfare benefit plans, including 401(k), 403(b) and 457 plans for tax exempt employers. Dodd also assists employers with plan audits. Mr. Griffith has successfully represented clients in a number of IRS Audits. Recent successes include: IRS audit of issuer of tax exempt bonds for compliance with No-Arbitrage/Arbitrage Rebate regulations. IRS audit of sponsor/administrator of health plan VEBA trust. IRS audit of sponsor/plan administrator of 401(k) plan. Honors and Awards New England Super Lawyers Business and Corporate Law Correcting Operational & Document Failures to Comply with IRC Section 409A, Annual Tax Forum jointly sponsored by the NH Bar and NH CPA Society, November 2012 Roth IRA Conversions, Annual Tax Forum jointly sponsored by the NH Bar and NH CPA Society, November 2010 Non-qualified Deferred Compensation for Credit Unions, The Great New England Credit Union Show, April 20, 2010 Challenges Facing Small Business in Today s Economy Employment, Taxes and Retirement Plan, Joint program of Stephen Eldridge & Co. and Gallagher, Callahan & Gartrell, P.C., June 17, 2009 Correcting Operational and Document Failures to Comply with IRC Section 409A, for NH Bar Association, November 2012 Is It Time To Go Back to a Pension Plan?, BusinessNH magazine, May 2011 Non-qualified Deferred Compensation for Credit Unions, April , L.L.M., Taxation, Boston University School of Law 1990, J.D., Vanderbilt University School of Law 1987, B.A., Dartmouth College 51

58 Connell Foley LLP NEW JERSEY Michael A. Shadiack Connell Foley LLP 85 Livingston Avenue Roseland, NJ Phone: (973) Fax: (973) connellfoley.com Michael A. Shadiack is a partner in Connell Foley LLP s Labor and Employment Law practice group. He has devoted his entire 15 year career to representing employers and management personnel in the private and public sectors and regularly provides employers with practical, comprehensive, and preventative counseling on personnel and benefit issues to ensure compliance with statutory and common law requirements. He focuses on helping clients make employment-related decisions intended to avoid or reduce the risks of litigation. Mr. Shadiack represents clients in all aspects of litigation in state and federal courts, before state and federal administrative agencies, and in arbitration involving claims of workplace harassment, discrimination, wrongful termination, whistleblower retaliation, reasonable accommodation, breach of contract, civil rights, non-competition violations, minority shareholder oppression, assault and battery, intentional infliction of emotional distress, protected concerted activity, and wage and hour. He also provides practical and cost-effective training on all aspects of employment law and formulates practical personnel policies and employee handbooks. Mr. Shadiack has successfully defended cases before state and federal courts and administrative agencies addressing all types of employment claims. Allen v. Warren County Board of Chosen Freeholders, et al. Mr. Shadiack was lead counsel in this case, which received media attention, presenting claims of wrongful discharge and retaliation against a public entity and two supervisors. Mr. Shadiack obtained dismissal of all claims at trial. Spagnola v. Dillon, Bitar & Luther, L.L.C., et al. This matter presented novel employment claims against a law firm stemming from its alleged negligent investigation of a complaint of hostile work environment. Mr. Shadiack obtained the dismissal of all claims against his client in a decision spotlighted on the front page of the New Jersey Law Journal. Mr. Shadiack has efficiently resolved numerous lawsuits and administrative charges consistent with his client s strategic objectives. Collective Bargaining Honors and Awards Training In 2013, Mr. Shadiack was one of only 50 attorneys in New Jersey to be named a "New Leader of the Bar" by the New Jersey Law Journal. Mr. Shadiack was selected for this prestigious recognition due to his formidable professional accomplishments, demonstrated leadership qualities, expertise in employment law, exuberance for the law, and enduring commitment to pro bono, charitable and community volunteer work. Mr. Shadiack is a four time recipient of the New Jersey Super Lawyers Rising Star recognition. Rising Stars are chosen by their peers and through independent research as being among the top up-and-coming lawyers in the State of New Jersey. Only 2.5 percent of New Jersey attorneys receive this honor each year. Why Do I Need an Employee Handbook, New Jersey Business & Industry Association, Eatontown, New Jersey, October 2013 Hiring, Disciplining, and Firing Best Practices, New Jersey Business & Industry Association, Edison, New Jersey, September 2013 Employee Documentation, Discipline & Discharge: Limiting The Risk of Lawsuits and Government Investigations, National Business Institute, National Webcast, July 2013 "Lay-off Best Practices: Reduction in Force and Severance/Release Agreements," National Business Institute, National Webcast, July 2013 "LAD Amendment Prohibits for Sharing Compensation Information, 'How Much Do You Make?' is No Longer a Forbidden Question," published by New Jersey Law Journal, Employment & Immigration Law, December , J.D., Concentration in Labor and Employment Law, Seton Hall University School of Law 1995, B.A., Pre-Law and Liberal Studies, Seton Hall University, magna cum laude 52

59 Modrall Sperling NEW MEXICO Jennifer has been representing employers in employment disputes, including internal complaint proceedings, EEOC proceedings, and matters litigated in state and federal court, since Jennifer has experience representing public entities and private employers, and has litigated everything from civil rights issues to breach of contract claims in the context of employment law. Jennifer also has experience handling non-compete provisions and litigation concerning the enforcement of those provisions. Additionally, Jennifer has handled a large class action for a national retailer in a wage and hour case. Jennifer G. Anderson Modrall Sperling 500 4th Street NW Suite 1000 Albuquerque, NM Phone: (505) Fax: (505) Cell: (505) Jennifer.Anderson@ modrall.com Jennifer has successfully arbitrated many employment related cases, and has successfully obtained summary judgment in cases pending in state and federal court. The matters that have been recently arbitrated involve claims brought by employees of a local public school district who have a right to arbitrate their claims following termination of their employment. 1997, J.D., University of Michigan Law School, cum laude 1992, B.S., Political Science, Santa Clara University, magna cum laude, Phi Beta Kappa, Pi Sigma Alpha 53

60 Modrall Sperling NEW MEXICO Mike Carrico has more than twenty years of experience in employment and labor law. His employment law practice involves advising both public and private employers regarding personnel policies, employee discipline, disability accommodations and similar matters, as well as litigation of discrimination claims, claims for retaliatory discharge, and breach of employment contract claims. Mike has litigated class actions and has significant appellate experience particularly in the federal court of appeals. Michael L. Carrico Modrall Sperling 500 4th Street NW Suite 1000 Albuquerque, NM Phone: (505) Fax: (505) modrall.com Carlson v. Albuquerque Public Schools. Obtained a defense jury verdict rejecting employment retaliation claims brought pursuant the Rehabilitation Act and Americans with Disabilities Act by employee/disability advocate who claimed that she was terminated because of her continual advocacy on behalf of persons with disabilities. We were able to show the jury that the employer s motive for termination was not the content of the employee s advocacy, but rather the means in which she raised her concerns which made her co-workers unwilling to work with her. Pippin v. Burlington Resources, Inc. Obtained summary judgment in favor of the employer, affirmed on appeal by the Tenth Circuit, of an age discrimination claim arising from a reduction in force. A long term employee claimed that he was terminated in a RIF because of his age (52 years old), and that the decision must be age related because approximately 75% of the terminated employees were over age 40. We were able to show that the basis for termination was the employee s weak interpersonal skills, and that he was not similarly situated to those employees who were retained. Tafoya v. Bobroff. Obtained summary judgment in favor of the employer, affirmed on appeal by the Tenth Circuit, in a wrongful death employment case. A prospective employee had a heart attack while undergoing a pre-employment physical for a police officer position. His family brought claims asserting various legal theories including negligence and violations of the Americans with Disabilities Act. We prevailed on all theories, establishing that the employer s pre-screening processes were reasonable and consistent with applicable statutes and regulations. Training Honors and Awards Best Lawyers of America in Law, 2010-present Southwest Super Lawyers, 2012 Disability Discrimination, June 2004 References and the Defamation Trap, March 2000 The Rehabilitation Act of 1973 (Section 504) As Applied to Private Schools, March 2000 Frequent speaker at legal seminars on education and employment law issues 1991, J.D., University of Kentucky School of Law, with honors 1985, B.S., Electrical Engineering, University of Illinois 54

61 Modrall Sperling NEW MEXICO George R. McFall Modrall Sperling 500 4th Street NW Suite 1000 Albuquerque, NM Phone: (505) Fax: (505) modrall.com George McFall practices in civil litigation with an emphasis on employment law, civil rights, education law and appellate practice. In his twenty-five years of practice, he has represented both private and public sector employers in state and federal courts in a wide variety of litigation matters involving claims under both state and federal law. In addition to his litigation work, George regularly advises clients on complex workplace issues arising under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA) as well as wage and hour issues under the Fair Labor Standards Act (FLSA). In addition, he presents training sessions for clients on state and federal anti-discrimination laws, employee policies and conducting workplace investigations to ensure compliance with ever-changing requirements and to avoid litigation. George is an Employment Law Specialist certified by the New Mexico Board of Legal Specialization. Successful defense of the University of New Mexico in a national origin discrimination claim. The jury returned a defense verdict on three of four claims and the court granted judgment as a matter of law on the fourth claim. The decision was affirmed by the New Mexico Supreme Court. Successful defense of San Juan Coal Company against the charges of sex discrimination filed by the EEOC on behalf of a female equipment operator. The federal court granted the employer s motion for summary judgment as to all of the claims asserted in the complaint and awarded costs to the employer. U.S. District Court granted summary judgment for the employer in a race discrimination case arising out of a reduction in force at the Chino Mine facility near Silver City, New Mexico. U.S. District Court granted summary judgment in favor of the employer in a reverse discrimination case. Successful defense of a newspaper sued by a former city mayor on claims of defamation and false light invasion of privacy. The court entered summary judgment on the defamation claim, and declared a mistrial after the jury deadlocked 4-2 in favor of the defendant. The court later granted defendant s motion for judgment as a matter of law. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards George has been continuously listed in Best Lawyers in America since In addition, he is recognized by Chambers USA Directories of America s Leading Lawyers in Business in Labor and Employment, and by Southwest Super Lawyers since He has been named Best Lawyers in America Lawyer of the Year in Albuquerque in Labor and Employment Law for the year Employees Right to Reinstatement Under FMLA Be Wary When Using Tests To Screen Job Applicants Not Limited to Males Against Females Be Wary When Dealing with Perceived Disabilities No When Replacement Not Substantially Younger 1987, J.D., University of New Mexico School of Law, cum laude * 1970, A.B., Political Science, Stanford University 55

62 Ahmuty, Demers & McManus NEW YORK Ms. Berkowitz began her employment with Ahmuty, Demers & McManus in 1988 in her third year of law school. Following admission to the bar in New York, she has represented numerous municipalities in defending age, race and gender discrimination claims as well as sexual harassment. Janice Berkowitz Ahmuty, Demers & McManus 200 I. U. Willets Road Albertson, NY Phone: (516) Fax: (516) admlaw.com Doumina Stewart v. Eastchester Union Free School District. Ms. Berkowitz defended the School District and its Superintendent against claims of sexual harassment and retaliation. After jury selection commenced in the Federal Courthouse in White Plains, New York, a settlement was agreed allowing a cost effective resolution of the claim for the client. Sexual harassment, Lorman Services (speaker), New York School Insurance Reciprocal (speaker) Binghamton School of Management, B.S., Magna Cum Laude, 1986 Hofstra University, J.D

63 Ahmuty, Demers & McManus NEW YORK Jennifer Casey has practiced in the employment law area for the past three years. Ms Casey has researched and provided opinions to major corporations regarding state and federal employment law issues including wage and hour matters, age discrimination, reduction in force as well as wrongful termination. Jennifer A. Casey Ahmuty, Demers & McManus 200 I.U. Willets Road Albertson, NY Phone: (516) Fax: (516) admlaw.com Hobart & William Smith Colleges, 1990, BS, Russian-Soviet Studies Touro Law Center, 1996, JD 57

64 Goldberg Segalla LLP NEW YORK Julie P. Apter Goldberg Segalla LLP 665 Main Street, Suite 400 Buffalo, NY Phone: (716) Fax: (716) segalla.com Julie Apter, a partner at Goldberg Segalla LLP, is a seasoned attorney with nearly 30 years of experience, focusing on the practice of employment law and general litigation. In the increasingly regulated and complex employment landscape, Julie provides guidance to clients with keen insight into the intricacies of successful employment litigation. She has represented employers in a variety of matters before administrative agencies and in state and federal courts, where she has successfully defended employers against claims of sexual harassment, sex, gender, race and national origin discrimination, as well as claims brought under the Americans With Disabilities Act. She has worked with companies to revise and draft employment policy manuals/handbooks and has negotiated separation/severance agreements. Julie also represents numerous municipalities and school districts in claims involving sexual abuse litigation, sex discrimination and employment discrimination. She utilizes her experience to counsel clients and offer practical information for avoiding potential liability. Eskanazi v. Friendship Central School District, W.D.N.Y. (Feb., 2009) United States District Judge John T. Curtin granted the District s motion for summary judgment. Plaintiff filed a discrimination claim after pursuing a Union Grievance following her tenure denial and subsequent termination. She alleged the collective bargaining agreement protected her employment. The Court found that the agreement was not violated and her termination was proper. Noni v. County of Chautauqua, et al., 511 F.Supp.2d 355 (W.D.N.Y. 2007) Ms. Apter successfully defended the Chautauqua County Home & Infirmary in a Title VII and New York State Division of Human Rights employment discrimination claim. The plaintiff claimed that she was harassed at work, subsequently terminated and thereafter retaliated against when she applied for other jobs and received bad references from the County. Summary Judgment was granted by the Federal Court, finding no basis for her claims. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Martindale-Hubbell Peer Review Rating: AV Preeminent Top-Rated in Labor and Employment Law, American Lawyer Media and Martindale-Hubbell Upstate New York Super Lawyers Business First s Who s Who in Law Presenter, Administering the Family Medical Leave Act Reinstatement and Termination, Lorman Services, January 2013 Presenter, Advanced FMLA and ADA Issues, Sterling Employment Law Seminar, August, 2012 Presenter, Employment Law Update, Sterling Employment Law Seminar, October, 2010 Presenter, Employment Issues in the Paperless Workplace, Sterling Employment Law Update Seminar, February, 2009 Co-Author, New York Section, Employment Law, A State-by-State Compendium, Defense Research Institute, 2011 Author, Employer Held Immune from Liability for Damages Resulting From Threats Made by Employee Through His Work Computer, The Job Description, DRI, Spring , J.D., Ohio Northern University, (Moot Court Semifinalist, 1984; Phi Alpha Delta Law Fraternity, International-Chief Justice, ) 1981, B.A., State University of New York at Buffalo, cum laude 58

65 Goldberg Segalla LLP NEW YORK Jonathan Bernstein has extensive experience handling employment litigation, with particular focus on employment discrimination claims. He represents clients in both state and federal court as well as before the Equal Employment Opportunity Commission (EEOC) and the New York State Division of Human Rights. Jon has handled claims alleging violations of Title VII, the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), the in Employment Act (ADEA), and New York State s Executive Law. He has also handled employer investigations into claims of employee discrimination, retaliation, and harassment. He possesses experience handling labor disputes involving termination of employment. Jonathan M. Bernstein Goldberg Segalla LLP 8 Southwoods Boulevard Suite 300 Albany, NY Phone: (518) Fax: (518) jbernstein@goldberg segalla.com Honors and Awards Upstate New York Super Lawyers 2002, J.D., Brooklyn Law School, (Former Assistant Managing Editor of the Brooklyn Law Review) 1996, B.A., University of Colorado at Boulder 59

66 Goldberg Segalla LLP NEW YORK Richard A. Braden Goldberg Segalla LLP 665 Main Street, Suite 400 Buffalo, NY Phone: (716) Fax: (716) Cell: (716) segalla.com Richard Braden has over fifteen years of experience representing employers in a wide variety of matters before administrative agencies and in state and federal courts, including employment discrimination actions, employee benefits litigation, unfair competition/trade secret matter, and wage and hour disputes. He has successfully defended employers against unfair labor practice charges, claims of sexual harassment and gender discrimination, and allegations relating to age, race, and disability discrimination. Rick also regularly counsels employers on all aspects of the employment relationship including, among other things, the hiring, discipline, promotion, and discharge of employee. He also routinely drafts and revises employment policy manuals/handbooks, negotiates and drafts employment contacts as well as separation/severance agreements, and assists clients in complying with the broad spectrum of federal, state and local employment statutes and regulations. Calhoun v. Mastec, Inc., 2006 WL (W.D.N.Y., September 28, 2006) Mr. Braden successfully defended a national telecommunications company in an employment discrimination action by obtaining summary judgment dismissing all claims asserted against it. The plaintiff claimed, among other things, that he was the victim of employment discrimination and harassment based on his race, color, and national origin. Summary judgment in favor of the employer was significant because plaintiff offered testimony from former co-workers who alleged that supervisors regularly used racial epithets regarding plaintiff and others in the workplace. In addition to plaintiff s discrimination claims, the court dismissed his state common law claims for intentional infliction of emotional distress, breach of contract, breach of the covenant of good faith and fair dealing, and negligence as a matter of law. Doe v. Cigna Life Ins. Co. of New York, 304 F.Supp.2d 477 (W.D.N.Y 2004) Mr. Braden successfully defended a long term disability carrier by obtaining summary judgment dismissing plaintiff s claim for benefits due under the Employee Retirement Income Security Act (ERISA) and for alleged breach of fiduciary duty in violation or ERISA. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Business First s Who s Who in Law Robert J. Connelly Trial Technique Award Panelist, USLAW EduNet Webinar for the Employment & Labor Law Group, Webinar, Feb. 14, 2012 Panelist, Hey! It s MySpace Managing Today s Electronic Workplace, Chicago, IL, Sept. 24, 2011 Panelist, What Changes May Employers Expect from the NLRB, Colorado Springs, CO, October 9, 2010 Author, EEOC Adopts Plan to Address Systematic Discrimination in the Workplace, March 8, 2012 Editor and co-author, Employment Law, A State-by-State Compendium, Defense Research Institute, , J.D., State University of New York at Buffalo, School of Law, magna cum laude 1988, B.A., State University of New York at Albany, cum laude 60

67 Traub Lieberman Straus & Shrewsberry LLP NEW YORK Lisa Shrewsberry has practiced in the professional liability area since She has extensive experience litigating employment matters in federal and state courts. She has been quite successful in assisting clients to reach amicable resolutions through mediated settlements. Lisa L. Shrewsberry Traub Lieberman Straus & Shrewsberry LLP Mid-Westchester Executive Park Seven Skyline Drive Hawthorne, NY Phone: (914) Fax: (914) traublieberman.com Employment Risk Realities Seminar Complaints Seminar Training J.D., University of Connecticut School of Law, 1988 B.S., cum laude, Central Connecticut State University,

68 Poyner Spruill LLP NORTH CAROLINA Steve Rowe has 18 years of experience representing employers in a wide variety of employment matters in state and federal court and before the North Carolina Industrial Commission, United States Equal Employment Opportunity Commission, North Carolina Employment Security Commission, State of North Carolina Office of Administrative Hearings, United States Department of Labor, and the North Carolina Department of Labor. In addition, Mr. Rowe represents business, insurance and housing authority clients in a wide range of matters in state and federal court. Mr. Rowe regularly advises clients on employment issues and matters and is a frequent speaker on employment law topics. Steven A. Rowe Poyner Spruill LLP PO Box 353 Rocky Mount, NC Phone: (252) Fax: (252) srowe@poyner spruill.com Harris v. Matthews, 361 N.C. 265, 643 S.E.2d 566 (2007) Counsel for church pastor in lawsuit arising from internal church governance dispute. The plaintiffs, representing the minority of the congregation, sued the pastor and other church officials for alleged mismanagement of church resources. Successfully argued to the North Carolina Supreme Court that the trial court did not have jurisdiction over the case, as the First Amendment prohibits involvement in matters of religious doctrine and practice. Jacobs vs. Mallard Creek Presbyterian Church, Inc. et al., 214 F. Supp. 2d 552; WDNC 2002 Represented Church, Presbytery, and other Defendants being sued by minister, who claimed he was harmed by the procedural actions taken by the church administration in investigating allegations of misconduct. Obtained dismissal of all Defendants. Charlene Eley v. Rocky Mount Family YMCA, et al., 536 S.E.2d 71, 1999 N.C. LEXIS 413 Represented YMCA and others in action brought by former employee. Former employee s claims included conspiracy, defamation, intentional infliction of emotional distress, and tortious interference with contract. Obtained dismissal of all claims and dismissal of appeal to the North Carolina Court of Appeals. Petition for discretionary review was denied by the North Carolina Supreme Court. EEOC Mediations Employment Risk Realities Seminar Complaints Seminar Training Workers Compensation Matters Poyner Spruill and Steve Rowe regularly give speeches and seminars to hr directors, managers, supervisors, general managers, small business owners, and CPAs, among others. Topics of these seminars include, but are not limited to, FMLA Remade: New Types of Leave, New Forms, New Rules; Pitfalls and Policies: Cautions for Employers and Those Who Advise Them; Prepare for Termination to Avoid Litigation; and Controlling Liability in the Workplace. Steve Rowe, along with other attorneys in Poyner Spruill s employment group, publishes a bi-monthly article that includes titles such as "The Risks of Misclassification of Employers as Independent Contractors," "EEOC Rules That Transgender Employees are Covered Under Title VII;" North Carolina Court of Appeals Judge Raises Possibility of New Exception to Employment At-Will Doctrine; and Fourth Circuit Court of Appeals Points Out Defects in Policy. Wake Forest University J.D., 1988; B.A.,

69 Poyner Spruill LLP NORTH CAROLINA David Woodard has 14 years of experience practicing in the area of employment law, where he represents management in employment discrimination, wrongful discharge and ERISA claims, and in the area of complex commercial litigation, where he represents businesses in contract disputes and business torts. He regularly advises and defends clients in race, age, disability and sex discrimination and harassment cases before the EEOC and in state and federal court; reviews handbooks and termination issues; and provides compliance advice to employers on matters of employment law. David L. Woodard Poyner Spruill LLP 301 Fayetteville St., Suite 1900 Raleigh, NC Phone: (919) Fax: (919) spruill.com Champion v. Black & Decker (U.S.) Inc. Obtained summary judgment in claim for benefits under the Employee Retirement Income Security Act (ERISA). Successfully defended the judgment in the Fourth Circuit Court of Appeals. Spease v. Public Works Commission of the City of Fayetteville Obtained summary judgment in Title VII discriminatory discharge claim and successfully defended judgment in Fourth Circuit Court of Appeals. McNeil v. Scotland County Obtained summary judgment for employer in suit where plaintiff alleged race discrimination and retaliation in violation of Title VII of the Civil Rights Act as well as violation of the Americans with Disabilities Act. Successfully defended the judgment in the Fourth Circuit Court of Appeals. Webster v. Black & Decker (U.S.) Inc., et al. Obtained summary judgment in claim for benefits under the Employee Retirement Income Security Act (ERISA) and for breach of fiduciary duty against Employer. Successfully defended the judgment in the Fourth Circuit Court of Appeals. Employment Risk Realities Seminar Complaints Seminar Training Poyner Spruill and David Woodard regularly give speeches and seminars to hr directors, managers, supervisors, general managers, small business owners, and CPAs, among others. Topics of these seminars include, but are not limited to, Identity Theft Issues and Employee Privacy Rights What Employers Need To Know; FMLA Remade New Types of Leave, New Forms, New Rules; Pitfalls and Policies Cautions for Employers and Those Who Advise Them; and Prepare for Termination to Avoid Litigation. David Woodard, along with other attorneys in Poyner Spruill s employment group, publish bi-monthly articles that include titles such as Jury Verdict Highlights Risks Involved in Monitoring Employee ; Reminder to Start Using New Form I-9; Civil Penalties for Child Labor Law Violations Increase; Recent Developments Under The Family and Medical Leave Act: New Rights for Employees with Family Members in the Armed Services and Proposed New Regulations; and Collective Actions Seeking Unpaid Wages And Overtime Pay Are On The Rise. Campbell University, JD, 1992, cum laude North Carolina State University, BA,

70 Roetzel & Andress OHIO Denise Hasbrook s practice has focused on employment litigation for over two decades. She served as in-house counsel addressing labor and employment matters for the nation s sixth largest public utility for 14 years. In private practice, she has successfully litigated numerous cases in the areas of sexual harassment, retaliatory discharge, unfair competition and discrimination in state and federal courts, obtaining many favorable summary judgment decisions and jury outcomes. She also represents numerous national clients seeking to enforce and defend restrictive covenants in employment agreements through declaratory judgment and injunction proceedings. Denise M. Hasbrook Roetzel & Andress One SeaGate, Suite 1700 Toledo, OH Phone: (419) Fax: (419) [email protected] Grosjean v. The Toledo Edison Company Ms. Hasbrook was lead counsel in this case that first established the bright line test for the age difference of a significantly younger employee in age discrimination cases in the Sixth Circuit. The decision was selected by Ohio Lawyers Weekly and Michigan Lawyers Weekly as one of the six most important judicial decisions that year. Merritt v. FirstEnergy Corp. Obtained a defense jury verdict where the plaintiff challenged defendant s selection for lay off. The successful defense of her client resulted in a finding of no liability and substantiated the reduction in force selection process. Huth v. Shinner s Meats Summary judgment was upheld by the Court of Appeals where plaintiff claimed that her termination was retaliatory. The employer was found to have legitimate business reasons for the action. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Named to Best Lawyers in America for Employment Law Management ( ). Ms. Hasbrook is AV Rated. Selected as an Ohio Super Lawyer by Law & Politics magazine and Cincinnati Magazine ( , ). Selected as one of Top 12 Superlawyers in Northwest Ohio in Corporate Counsel Edition of Top Attorneys in Employment Law (2008). Arabella Babb Mansfield Award, Woman of the Year Toledo Women s Bar Association (1999). ADA Two Decades Later, Lawline, New York, NY (2011) The Hiring Process Ohio Manufacturer s Association Webinar Series (2009). Legislative Changes: ADA, FMLA and Workers Compensation Sedgwick Claims Seminar Series (2009). Legislative Update to the ADA NW Ohio Payroll Association (2008). Partnering for Success in Employment Cases: The Attorney s Role, Inside the Minds: Resolving Employee Disputes & Litigation, Aspatore Books (2006) J.D., The University of Toledo, College of Law B.S.B.A., The University of Toledo magna cum laude. 64

71 Roetzel & Andress OHIO Mr. Secrest has practiced employment law for 12 years. He regularly counsels employers on employment-related issues. Mr. Secrest has extensive experience representing clients before the EEOC as well as state agencies charged with enforcing discrimination laws. His substantial litigation experience includes representing clients at trial and on appeal in both federal and state courts. Mr. Secrest has successfully litigated cases dealing with wage and hour issues, ADA (both Title I and Title III), FMLA, GINA, Title VII, sexual harassment, the Computer Fraud and Abuse Act, and a host of issues related to unfair competition and the protection of trade secrets. Jonathan Secrest Roetzel & Andress 155 E. Broad Street 12th Floor Columbus, OH Phone: (614) Fax: (614) Cell: (614) [email protected] Welch v. Pataskala Oaks Care Center Mr. Secrest was lead counsel at trial in a matter that resulted in a directed verdict for the employer on gender discrimination and wrongful termination claims. McKenna v. Nestle Purina PetCare trial court granted summary judgment and dismissed Plaintiff s claims of sexual harassment, gender discrimination, and retaliation, which was upheld by the Sixth Circuit Court of Appeals. Mr. Secrest successfully petitioned the court to declare the plaintiff a vexatious litigator. McFee v. Nursing Care Management of America After a hearing, an administrative law judge ruled in the employer s favor on a pregnancy discrimination claim, which was upheld on initial appeal before being overturned by the Ohio Fifth District Court of Appeals. Later, the Supreme Court of Ohio ruled in the employer s favor. Employment Risk Realities Seminar Complaints Seminar National Origin Discrimination Training Honors and Awards Selected as Ohio Super Lawyer Rising Star by Ohio Super Lawyers magazine (2006, ) AV Preeminent rating from Martindale-Hubbell Law Directory Avoiding Wage and Hour Liabilities, Lorman Seminar Series (July 2013) The Rise of Fair Labor Standards Act (FLSA) Claims Against the Food, Beverage and Consumer Product Industry, Grocery Manufacturers Association webinar (2011) FLSA Exemptions and Hot Topics, Society for Human Resource Management (SHRM), Akron, Ohio (2011) Americans with Disabilities Act: Then and Now, Roetzel Employment Law and Workers Compensation: Legal Update, Columbus, Ohio (2011) A Glance at the Top 10 Employment Issues of 2011, USLAW radio podcast (2010) 2002, J.D., Capital University Law School, Order of the Curia 1999, B.A., DePauw University 65

72 Roetzel & Andress OHIO Mr. Spiker s 27 years of practice have focused on defending employers in general employment matters, Occupational Safety and Health Administration (OSHA) compliance and workers compensation claims, including violation of a specific safety requirement (VSSRs), as well as all related litigation. He also handles rating, classification and premium issues before the Bureau of Workers Compensation s Adjudication Committee. His clients have included corporations and individuals in the health care, retail, manufacturing, transportation and construction industries. He is also the Practice Group Manager for the Employment Services group. Douglas E. Spiker Roetzel & Andress 1375 East 9th Street, 9th Floor Cleveland, OH Phone: (216) Fax: (216) Cell: (216) [email protected] State ex rel Sears Logistics v. Cope, Ohio Supreme Court, 89 Ohio St.3d 393 Successful appeal overturning Industrial Commission order awarding temporary total disability. Ohio Supreme Court ruled that an examining doctor need not take into consideration allowed conditions in a medical report if those conditions no longer disable the claimant. Hart v. Cardinal Health, 3rd District Court of Appeals, Ohio Successful denial of requested additional allowances of substantial aggravation of pre-existing degenerative disc disease. James v. Wal-Mart Stores, Inc., 10th District Court of Appeals Successful denial of request for on-going temporary total disability and voluntary abandonment. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar National Origin Discrimination Training Honors and Awards AV Preeminent rating from Martindale-Hubbell Law Directory Selected as an Ohio Super Lawyer by Ohio Super Lawyers magazine ( ) Recognized in Who s Who in Area Law by Toledo Business Journal "Emergency Response Having a Capable Team Readily Available Can Help Reduce Emergency Risk," The New Frontier: Shale Gas Development in Ohio An Appeal Has Been Filed in Workers Compensation Claim, Speaker/Presenter, The Ohio Manufacturer s Association "Ohio Supreme Court Declares One Time Only Premium Reduction Credit Unlawful," State, ex rel. UAW v. BWC, 95 Ohio St. 3d. 408, 2002-Ohio-2491 PTSD and The Armstrong Decision, Self-Insured Group of Ohio Ohio Self-Insured Addendum, Legal Update 1986, J.D., Ohio Northern University, Pettit College of Law 1983, B.A., Mount Union College 66

73 Pierce Couch Hendrickson Baysinger & Green, L.L.P. OKLAHOMA Malinda Matlock has been practicing employment law, including all areas of employment discrimination, retaliation and EPL covered cases in state and federal courts in Oklahoma and Missouri for more than 12 years. She makes frequent appearances before the EEOC, the Oklahoma Department of Labor and the Oklahoma Employment Security Commission. She also advises clients on wage and hour matters, personnel policies and procedures and presents training sessions for management and employees on workplace employment-related matters. Malinda S. Matlock Pierce Couch Hendrickson Baysinger & Green, L.L.P N. Francis Oklahoma City, OK Phone: (405) Fax: (405) Cell: (405) couch.com Stafford v. Grace Living Center, Inc. successfully defended state law claim for retaliatory discharge at the trial and court of appeals level. Ayers v. Grace Living Center, Inc. successfully defended state law claim for retaliatory discharge. Gonzalez v. Amity Care, LLC successfully defended claim for gender discrimination pursuant to the Title VII Pregnancy Discrimination Act. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Serving as President of the Oklahoma Association of Defense Counsel for 2013 Selected as Oklahoma Super Lawyer for and Invited attorney member of Claims Litigation Management (CLM) Regularly provides client seminars on Hiring Practices, Personnel Evaluations and Documentation, , Cell Phone, and Social Media Policies, and other issues of client interest Co-Chair and Moderator of the Employment & Labor Law Fall Panel Presentation, , J.D., University of Oklahoma College of Law 1988, B.B.A., University of Oklahoma 67

74 Williams Kastner OREGON Sharon Carroll Peters Williams Kastner 888 Fifth Avenue, Suite 600 Portland, OR Phone: (503) Fax: (503) kastner.com Sharon Peters is a member in the Portland office of Williams Kastner. Her practice emphasizes employment litigation, employment practices advice and consultation, and workplace investigation. Ms. Peters provides counsel to employers in crisis and non-crises situations regarding disability accommodations, leaves of absence, wage and hour, employee discipline, employment handbooks and agreements, electronics/computer policies, covenants not-to-compete, hiring and terminations. Ms. Peters has extensive experience evaluating and litigating claims as well as administrative charges files with the Oregon Bureau of Labor and Industries and the Equal Employment Opportunity Commission. Ms. Peters aims to aid employers in efficiently complying with the law and effectively resolving disputes before costly litigation ensues. Complaints Seminar Training What s Ahead from the Supreme Court, Williams Kastner Labor & Employment Half-Day Seminar, Seattle, WA, December 12, 2012 "Fair Credit Reporting Act Issues for Employers in 2012," USLAW Network Webinar, November 20, 2012 Personnel Documentation: What to say and how to say it, Oregon/Washington State Medical Group Management Association Annual Conference, Portland, OR, May, 2012 The Three-Headed Monster: Workers Comp, ADA and FMLA, WHCA 2011 Annual Fall Conference, Yakima, WA, September 27, 2011 Oregon Employment Law: Getting it Right, Oregon/Washington Medical Group Management Association Annual Conference, Spokane, Washington, April 20, 2011 As Hospitals Trend Toward Employee Physicians, What Are the Employment Law Consequences, Washington Healthcare News, June 2012 "Nonsolicitation agreements often replace noncompetes," Portland Business Journal, July 8, , J.D., University of Louisville Louis D. Brandeis School of Law, cum laude 1998, B.S. Economics, University of Dayton, cum laude 68

75 Sweeney & Sheehan, P.C. PENNSYLVANIA Robyn Farrell McGrath is a partner in the Employment Practices Group at Sweeney & Sheehan, P.C. in Philadelphia. She represents both public and private employers in a wide variety of employment and civil rights litigation at the administrative, trial, and appellate court levels. In addition to her litigation practice, Ms. McGrath counsels clients on workplace issues and is a frequent lecturer to insurers and employers on issues in employment and civil rights law. She can be reached at [email protected]. Robyn F. McGrath Sweeney and Sheehan, P.C Market Street, Suite 1900 Philadelphia, PA Phone: (215) Fax: (215) Cell: (484) robyn.mcgrath@ sweeneyfirm.com Swain v. City of Vineland Summary judgment affirmed by U.S. court of Appeals for the Third Circuit in ADEA discrimination and retaliation claim by a currently employed police officer claiming age discrimination and retaliation relating to an alleged failure to promote. Heinke v. County of Lancaster Order granting Motion for Judgment on the pleadings affirmed by Commonwealth Court on various tort and contract claims filed by former County employee who was fired from his position for performance-related issues. Ferrara v. Bensalem Township Co-counsel in 1983 First Amendment retaliation and Title VII claim tried to a defense verdict in favor of Township who disciplined a police officer after he had allegedly supported a claim of race discrimination by a fellow officer. Employment Risk Realities Seminar Complaints Seminar Training Updates in FMLA and ADA, Presentation to selected insurers, Summer 2012 Whistleblowing in the USA, USLAW Magazine, Fall/Winter 2012 It s Your Job: Emerging Defenses to N.J. Whistleblower Claims, Sweeney & Sheehan Newsletter, Summer 2012 Get Mad-Just Don t Get Even: How to Protect Against Claims, For the Defense, November , J.D., Villanova University School of Law, Villanova, PA 1985, B.A., American University, Washington, D.C. 69

76 Sweeney & Sheehan, P.C. PENNSYLVANIA Denise Montgomery joined Sweeney & Sheehan s Labor and Employment Division as a Senior Associate in She has represented clients at administrative hearings before the Pennsylvania Human Relations Commission, New Jersey Division of Civil Rights, and EEOC. Denise has represented employers in civil actions in both Federal and State Courts. Prior to joining Sweeney & Sheehan, she was employed with a civil defense firm in Media, Pennsylvania for 10 years and represented both small and large businesses in employee termination matters, employment contracts, and compensation disputes. Denise M. Montgomery Sweeney and Sheehan, P.C Market Street, 19th Floor Philadelphia, PA Phone: (215) Fax: (215) denise.montgomery@ sweeneyfirm.com Collective Bargaining The Third Circuit Provides Guidance on FMLA and ADA, Sweeney & Sheehan Newsletter, Volume 4, Issue I Patient Awarded $400k by New Jersey Jury for Lack of Sign Language Interpreter at Medical Treatments, Sweeney & Sheehan Newsletter, Volume 2, Issue III A Single Comment Creates a Hostile Workplace in New Jersey, Sweeney & Sheehan Newsletter, Volume 2, Issue III Failure to Disclose an Expunged Conviction Will Not Preclude an Action Under New Jersey s Law Against Discrimination Law, Sweeney & Sheehan Newsletter, Volume 2, Issue II 1996, J.D., Villanova University 1993, B.A., Widener University 70

77 Sweeney & Sheehan, P.C. PENNSYLVANIA Barbara O Connell has practiced in the employment area since She has extensive experience litigating employment matters in the federal and state courts and the EEOC and local administrative agencies. These have included discrimination, wrongful discharge, retaliation and whistleblower cases. In addition, she has mediated and negotiated all types of employment related claims to settlement. She also advises clients regarding work place investigations, anti-discrimination policies and compliance with state and federal employment laws. Barbara A. O Connell Sweeney and Sheehan, P.C Market Street, 19th Floor Philadelphia, PA Phone: (215) Fax: (215) barbara.oconnell@ sweeneyfirm.com DeVita v. Five Star (State Court Philadelphia County Court of Common Pleas) Ms. O Connell successfully defended an employer accused of hiring a violent employee who eventually murdered a customer. The customer had hired the employee directly unbeknownst to the employer. Although a jury returned a small amount of liability on the employer, the lion share of liability landed on the Plaintiff and her business partner for their actions. Yolanda Williams v. EMAX (State Court, Delaware County Court of Common Pleas) Ms. O Connell obtained a defense verdict on all claims after a trial where a Plaintiff alleged her discharge was related to race. Sharon Wheeler v. T-Mobile (Federal Court Middle District of Pennsylvania) Ms. O Connell obtained a defense verdict on behalf of T-Mobile Corporation in a claim alleging religious discrimination in scheduling and termination. EEOC and PHRC Hearings Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Ms. O Connell was elected to be the Chairperson of the Defense Research Institute s Employment Law Committee for the years Ms. O Connell was selected as a Pennsylvania Super Lawyer four of the last five years. Human Resource Challenges and Best Practices, Covance Inc., Princeton, New Jersey, November 6, 2000 Hiring and Interviewing, Chapter 32, Employment Law E-Desk Reference, Defense Research Institute, View From the Juror: Times, Are They A Changing? The Defense Research Institute s 2005 Annual Meeting, Chicago, Illinois, October 21, The Purgatory of Electronic Discovery Understanding the Current Landscape and Managing the Challenging Issues of Document Preservation and Spoliation, The Defense Research Institute Annual Employment Law Seminar, Fort Lauderdale, Florida, May 17-19, 2006 Keeping Damages Down: Effective Trial Strategies for Reducing Awards in Dangerous Cases, The Defense Research Institute Annual Employment Law Seminar, Chicago, Illinois, May 14-16, University of Bridgeport, BS, Summa Cum Laude, 1978 Villanova University School of Law, JD, 1986, recipient of Law School Academic Merit Scholarship 71

78 Thomas, Thomas & Hafer LLP PENNSYLVANIA Anthony T. Bowser Thomas, Thomas & Hafer LLP 305 N. Front Street 6th Floor Harrisburg, PA P.O. Box 999 Harrisburg, PA Phone: (717) Fax: (717) Anthony has experience litigating disputes related to employment discrimination, wage and hour claims, employment contracts, restrictive covenants, trade secrets, unemployment compensation, family and medical leave, employee benefits, reductions in force and wrongful discharge. He has tried employment cases to jury verdict in various state and federal courts. Anthony has extensive experience representing employers before numerous federal and state agencies, including the Equal Employment Opportunity Commission, the US Department of Labor, the Occupational Safety and Health Administration, the PA Human Relations Commission, the PA Labor Relations Board and the PA Department of Labor & Industry. Anthony regularly assists employers in developing employee handbooks and workplace policies to ensure compliance with the multitude of federal and state employment laws and regulations. He counsels employers in workplace investigations and in making difficult employee discipline and termination decisions with the goal of minimizing the risks of litigation. Anthony also assists in the negotiation and drafting of employment contracts and collective bargaining agreements. Anthony was on the defense team that recently obtained a complete defense jury verdict for a skilled nursing care facility in the US District Court for the Middle District of PA. The plaintiff, a former employee, claimed discrimination based on her national origin as a native born African. The employer contended she was terminated due to failure to report resident abuse. Plaintiff contended that her African-American subordinate, who advised the employer of her alleged failure to report, was biased against her because of her national origin and that this bias was a substantial cause of her termination. The Plaintiff attempted to extend the cat s paw theory of liability adopted by the Supreme Court in Staub v. Proctor Hosp., 131 S. Ct. 1186, 179 L. Ed. 2d 144 (2011). This theory permits a finding of liability against an employer, although the ultimate decision maker did not have a discriminatory motive, if the employee s supervisor had discriminatory intent in providing false information, then relied upon by the employer. Spring Creek presented evidence of U.S. born employees who also were terminated because of failure to report. The jury returned a unanimous verdict in favor of Spring Creek. Successfully defended physician in non-compete litigation where former employer sought to enforce liquidated damages provision. Physician had only taken steps to set up competing practice during restricted period and former employer-medical practice had suffered no actual damages as a result. Former employer also failed to prove that liquidated damages were reasonably calculated to estimate potential damages in breach. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Employment Law Five-Minute Drill: Expansion of Cat s Paw Liability following Staub v. Proctor Hospital, USLAW Fall Client Conference 2013 Social Media Use by Employers & Expansion of Disability Status under the ADA Amendment Act, Quest Diagnostics Employment Law Update Series Best Practices to Avoid DOL Audits in the First Place and Survive When the Investigator Does Come Knocking, Manufacturers Association of South Central PA Employment Law from A to Z Leave Policies, Payroll Practices and Wage and Hour Laws, Lorman Services Employment Law Legislative Update, Hanover Area Human Resource Association 2006, J.D., Widener University School of Law, Moot Court Honor Society 2002, B.S., Business Logistics (major), Legal Environment of Business (minor), The Pennsylvania State University, Smeal College of Business 72

79 Thomas, Thomas & Hafer LLP PENNSYLVANIA Jill L. Matkosky Thomas, Thomas & Hafer LLP 3101 Emrick Blvd, Suite 310 Bethlehem, PA Phone: (610) Fax: (610) Jill s area of practice includes workers compensation, employment law, and general liability. Jill s career in employment law follows 18 years in human resources, most recently as Vice President of HR for a FORTUNE 500 company. Jill s experience includes clerking for the U.S. Equal Employment Opportunity Commission (EEOC), counseling company leadership on employment law, managing formal charges and investigations (e.g. Title VII, ADA, and ADEA claims), and resolving complex employee relations (re: disciplinary actions, terminations, and layoffs). Jill has extensive experience developing and presenting training on a wide variety of topics, as well as drafting and implementing policy and procedure. Jill s background also includes acquisitions & incumbent captures, total rewards, performance management, and succession planning. While attending law school, Jill was a member of legal honors fraternity Phi Delta Phi, and served as a Teaching Assistant in civil procedure, oral advocacy, and legal writing classes. Jill also holds Senior Professional in Human Resources and Certified Compensation Professional certifications. Complaints Seminar Training Honors and Awards Certifications Certified Compensation Professional (CCP) Senior Professional in Human Resources (SPHR) Limiting Liability: Strategies for Effective Performance Management, SHRM Lehigh Valley Annual Conference, October 2013 Employment Law: Year in Review, TT&H Liability Seminar, October 2013 Interplay of FMLA, ADA, and Workers Compensation, TT&H Workers Compensation Seminar, October 2013 Smart Hiring Decisions and Managing Employee Performance, TT&H Employment Law Seminar, May 2013 Employment Law 101: Limiting Liability, TT&H Liability Seminar, October , J.D., University of Baltimore School of Law 1991, B.A., University of Scranton 73

80 Thomas, Thomas & Hafer LLP PENNSYLVANIA Dave has over 30 years of legal experience in the defense of government liability, municipal liability, civil rights claims, and employment law litigation. He has represented government entities and private employers in numerous judicial and administrative (Pennsylvania Human Relations Commission and EEOC) proceedings for approximately 15 years in a wide variety of employment matters. Clients in those areas have included numerous counties, boroughs and townships, state agencies, corporations and sole proprietorships. David L. Schwalm Thomas, Thomas & Hafer LLP 305 N. Front Street 6th Floor Harrisburg, PA P.O. Box 999 Harrisburg, PA Phone: (717) Fax: (717) Cell: (717) [email protected] Shearer v. Hughesville Borough, United States District Court for the Middle District of Pennsylvania. November This case involved a First Amendment claim alleging discharge of the chief of police on the basis of political affiliation. At the conclusion of the trial, the judge granted Defendants Rule 50 motion on the basis that no reasonable juror could have concluded that the police chief s political affiliation with the prior mayor and borough council was a motivating or substantial cause of the termination. The Court pointed out that the current council was made up of equal numbers of Republicans and Democrats. The Court also held that the police chief had failed to rebut the borough council s reason for termination based on financial considerations since the prior lame duck borough council had approved a five-year contract with a substantial increase in salary. Complaints Seminar Training Honors and Awards Pennsylvania Defense Institute Co-Chair, Employment and Civil Rights Committee But It s MySpace: Electronic Communications in the Workplace, Huntingdon County Chamber of Commerce, December 2011 Training, County Commissioners Association of Pennsylvania, November 2011 Legal Perspectives on the Hiring, Training, and Managing of Employees that Provide Care to High Risk Populations, PCPA Workers Compensation Trust Annual Meeting, October 2011 What Did You Say? Claims Under Federal and State Law, Thomas, Thomas & Hafer Labor & Employment Law Seminar, March 2011 "In Two Significant Decisions, The United States Supreme Court Addresses Employment Law Issues Regarding The Plaintiff's Burden of Proof in Claims and Employer Liability for Supervisor Conduct," Counterpoint, Pennsylvania Defense Institute, August 2013 Qualified Immunity for Non-governmental Employees Performing Services for Governmental Entities, Counterpoint, Pennsylvania Defense Institute, August 2012 U.S. Supreme Court Addresses Civil Rights Issues that Benefit Governmental Entities, Counterpoint, Pennsylvania Defense Institute, April , J.D., Penn State University, The Dickinson School of Law 1977, B.A., Franklin & Marshall College 74

81 Adler Pollock & Sheehan P.C. RHODE ISLAND Robert P. Brooks Adler Pollock & Sheehan P.C. One Citizens Plaza, 8th Floor Providence, RI Phone: (401) Fax: (401) Robert P. Brooks is the firm s Managing Partner and Chairman of the Labor and Employment Law Group. He represents management in all facets of labor relations and employment law in the public and private sectors. Mr. Brooks regularly and successfully handles collective bargaining negotiations and the defense of union organizing campaigns. He has successfully represented employers in employment discrimination matters, and a wide variety of labor arbitration and administrative proceedings. In addition, he lectures frequently to groups and private companies on many of the issues facing human resource professionals on a daily basis. and Dispositions Successful appeal of adverse arbitration decision which found new City Ordinance regulating City employee use of City vehicle to be a violation of the parties collective bargaining agreement. The Court upheld City s right to promulgate regulations regarding operational issues even where ordinance conflicts with collective bargaining agreement. Successful completion of collective bargaining negotiations with multiple unions representing employees at the Rhode Island Convention Center and Dunkin Donuts Center. Successful defense in grievance arbitration of employer termination of long-term employee for workplace violation. Advise international hotel investment group on complicated labor and employment issues related to acquisition of major hotel property. Challenge to statutory and regulatory provisions requiring premium pay for work on Sunday. Mobilized opposition to repeal of regulations. Appealed adverse decision to Superior Court. Petitioned RI Supreme Court for writ of certiorari. Collective Bargaining Complaints Seminar Training Honors and Awards Top 20 Most Powerful Labor Attorneys in the Nation by Lawdragon Magazine and Human Resource Executive Best Lawyers 2012 & 2014 Lawyer of the Year, Labor Law-Management, Providence, R.I. Chambers USA America s Leading Business Lawyers as one of the Leaders in Rhode Island and as one of Rhode Island s best in Labor and Employment Law, The Best Lawyers in America in the field of Labor and Employment Law, Rhode Island Super Lawyer, , an honor that recognizes him as a leader in the legal community Misclassifications of Employees and its Implications Under Federal and State Labor and Employment Laws, National Grid, January 27, 2014 Nonprofits / Best Practices What You Need To Know for 2014, Providence Business News Summit, December 11, 2013 New Tactics in Union Organizing, Rhode Island Hospitality Association, November 18, 2013 Social Media in the Workplace What s An Employer To Do?, Newport Chamber of Commerce HR Roundtable, November 13, 2013 Where Labor Law and Receivership/Bankruptcy Law Intersect, Fourteenth Annual Labor Arbitration Conference, October 25, 2013 Tipped Employees Under the Fair Labor Standards Act, Rhode Island Hospitality Association Annual Wage & Hour Seminar, June 13, 2013 Recent Employment Law Decisions and Development, RI SHRM 15th Annual Legislative & Employment Law Conference, April 11, 2013 Labor and Employment Update, National Grid, December 13, 2012 Taxes, Tips and Trouble How to Avoid Costly Mistakes, Rhode Island Hospitality Association Annual Wage & Hour Seminar, October 10, 2012 Suffolk University (J.D., 1987) Rhode Island College (B.A., 1982) 75

82 Adler Pollock & Sheehan P.C. MASSACHUSETTS Mike Chittick handles all facets of labor and employment law and related litigation, consistently finding efficient, practical solutions for his private and public sector clients. His successful track-record includes collective bargaining negotiations, labor arbitrations, alleged unfair labor practices, employment discrimination, wage-hour laws, medical leave, reductions-in-force, OSHA compliance, employee discipline and termination, and day-today personnel issues. Mike has successfully represented employers in labor arbitrations and employment discrimination matters in both federal and state courts and before a wide array of administrative agencies. Mike s practice also extends to various business-based immigration matters. Michael D. Chittick Adler Pollock & Sheehan P.C. One Citizens Plaza, 8th Floor Providence, RI Phone: (401) Fax: (401) [email protected] Successfully represented Rhode Island s largest gaming facility in collective bargaining negotiations with the various unions that represent its employees. Represented lender group in connection with refinancing of resort casino. Representation included advising client with regard to state gaming laws and regulations, creation and perfection of security interests in associated real property, personal property, licensure and securities. Assisted client in connection with interaction with relevant state gaming authorities. Successfully argued in Rhode Island Superior Court that an agency decision which would have likely resulted in over $1 million of overtime pay liability against our client should be reversed. Frito-Lay, Inc. v. Rhode Island Department of Labor and Training, et al., C.A. No. PC , 2013 WL , 2013 R.I. Super. LEXIS 71 (April 12, 2013). Won summary judgment for employer-client in the U.S. District Court with respect to all claims asserted against it, including alleged violations of federal and state disability discrimination statutes and various education laws. Richardson v. Whitmarsh Corporation, 2009 WL (D.R.I. December 29, 2009) Collective Bargaining Complaints Seminar Training Honors and Awards Recognized in the editions of Chambers USA America s Leading Business Lawyers in the field of Labor & Employment Law. Named Rhode Island Rising Star in , by the publishers of Super Lawyers, recognizing him as an outstanding young attorney in the Rhode Island legal community. Remedies For In An Employment At-Will State, Speaker/Presenter Rhode Island Bar Association Annual Meeting, Providence, RI, June 13, 2013 Employment Laws Made Simple, Speaker/Presenter National Business Institute, Providence, RI, June 6, 2012 Petitions To Vacate Labor Arbitration Awards, Speaker/Presenter URI Labor Arbitration Conference, Newport, RI, October 30, , J.D., Boston College 1995, B.A., Trinity College 76

83 Riter, Rogers, Wattier & Northrup, LLP SOUTH DAKOTA Robert C. Riter Riter, Rogers, Wattier & Northrup, LLP 319 S. Coteau P. O. Box 280 Pierre, SD Phone: (605) Fax: (605) Cell: (605) Robert Riter has been involved for the past 25 years in employment related matters. These have included defending wrongful termination litigation against employers, and numerous hearings before the South Dakota Department of Labor, as well as the South Dakota Personnel Policy Commission. He has also represented employers defending employee claims asserted before the South Dakota Human Rights Commission and the EEOC, including hearings and administrative appeals. He has regularly represented employers in public sector labor negotiations with ensuing grievance issues and administrative hearings. Mr. Riter has also been involved on a regular basis consulting with employers on the applicability of South Dakota laws to employment decisions regarding hiring, firing and personnel policy actions. While Mr. Riter has assisted several partners on wrongful termination and discrimination claims which proceeded to trial, the cases of that nature in which he was the lead attorney were resolved prior to trial. Collective Bargaining Mr. Riter has previously presented during a seminar to the State Bar of South Dakota on the handling of administrative law matters to include employment related claims, and has presented to the Central South Dakota Society for Human Resource Management on employment related issues. University of South Dakota 1970 Business Administration University of South Dakota 1973 Juris Doctorate 77

84 Fee, Smith, Sharp & Vitullo, L.L.P. TEXAS Brett Smith is an AV rated attorney by Martindale-Hubbell and regularly serves as lead counsel for companies and individuals in disputes involving high risks and exposure. He has successfully litigated and consulted on employment matters. Mr. Smith has maintained a practice in the area of employment law since Mr. Smith is admitted to practice in federal and state court in Texas. Brett A. Smith Fee, Smith, Sharp and Vitullo, L.L.P Noel Road, Suite 1000 Dallas, TX Phone: (972) Fax: (972) Cell: (214) [email protected] Charles J. Bolin, et al. v. Securicor d/b/a Cognisa Security, Inc., lead counsel representing a security company in the defense of retaliation and race discrimination causes of action (N.D. Tx.) wherein judgment for the defense was rendered on a majority of the Plaintiff s claims. Training Honors and Awards Mr. Smith is an AV rated by Martindale-Hubbell. Employment Law Overview June 24, Construction Ethics Advanced Management Program for AGC of America April 29, South Texas College of Law, J.D Southern Methodist University

85 Strong & Hanni, PC UTAH Stanford P. Fitts Strong & Hanni 3 Triad Center, Suite 500 Salt Lake City, Utah Phone: (801) Fax: (801) Cell: (801) sfitts@strongand hanni.com Stan Fitts is a partner in the law firm of Strong & Hanni. Stan received his law degree in 1986 from the University of Utah College of Law where he was a member of the Utah Law Review. He has practiced in the area of employment law for 24 years, representing employers in a wide variety of employment matters. He has represented employers in a broad range of employment litigation, including wrongful discharge, discrimination, harassment, retaliation, FMLA, ADA, Title VII, reductions in force, non-compete issues and trade secrets. Stan also provides non-litigation employment law services including preventative planning and policies, contracts, handbooks and employment policy manuals, confidentiality agreements, trade secret and proprietary information agreements, non-compete agreements, and management training. Guthrie/Pay v. Halliburton Energy Services. Successful four-day arbitration defense and judgment for dismissal of claims for wrongful discharge, violations of public policy and discrimination. Plaintiffs offered to settle just prior to arbitration for $1.4 million. Arbitration decision dismissed all claims of all plaintiffs with prejudice. Pinney v. Halliburton Energy Services. Successful trial defense and no-cause dismissal of employees claims for extensive property loss while assigned to remote job-site location. Judgment entered for dismissal of all claims with prejudice. Troise v. McDonalds. Successful defense of discrimination and retaliation claims based upon alleged disability, age and race discrimination. Obtained summary judgment in favor of employer resulting in dismissal of all claims. Peterson v. Murdock Travel. Successful trial and defense verdict on claims against employer regarding alleged vicarious liability for negligence and fraud of alleged employee based upon claims of apparent authority of independent contractor, negligent employment and supervision. EEOC v. Murdock Travel. Represented corporation in successful defense of claims by EEOC of alleged employment discrimination resulting in dismissal of all claims. Procedure Manuals Training Honors and Awards Mountain States Super Lawyers listing of top attorneys AV rating by Martindale-Hubbell Recognized in Utah Business Magazine s Utah Legal Elite listing for the best and the brightest among Utah s attorneys. University of Utah, B.A., Finance, cum laude, 1983 University of Utah College of Law, J.D.,

86 Strong & Hanni, PC UTAH Kristin VanOrman is the employment law group practice group leader at Strong and Hanni. For the past 18 years, she has had extensive experience defending clients in employment cases ranging from wrongful discharge, hostile workplace, and discrimination, to ADA and FMLA claims. She has been actively involved in all aspects of employment law ranging from the drafting of policy and procedure manuals, procuring a response to labor commission charges, to full blown litigation, including handling of class actions suits initiated by the EEOC. Kristin A. VanOrman Strong and Hanni 3 Triad Center, 5th Floor Salt Lake City, UT Phone: (801) Fax: (801) Cell: (801) kvanorman@strongand hanni.com Potts v. Davis County, et al., (10th Cir. Ct App 2007). Plaintiff sued for wrongful termination. Defense filed a motion for summary judgment, which was granted by trial court and affirmed by 10th Circuit. Anderson v. Weber Human Services. 2nd Judicial District Court, State of Utah, Plaintiff sued for wrongful termination. Defense filed motion for summary judgment which was granted. Kramer v. Wasatch County. Fed. Dist. Ct., Div. of Utah. Plaintiff sued for wrongful termination, hostile workplace, and gender discrimination. Defense filed a motion for summary judgment, which was granted. Training Social Media, Employers Council, 2013 Updates in Employment Law, Department of Workforce Services, 2012 Updates in Hostile Workplace and Harassment Law PRIMA, 2012 FMLA What Do I Need to Know? UCIP Annual Human Resource Director Conference, 2009 Updates in Employment Law, UCIP Annual Risk Managers Conference, , J.D., J. Reuben Clark Law School, Brigham Young University, Provo, Utah, cum laude 1992, B.S., Psychology, Brigham Young University, Provo, Utah 80

87 LeClairRyan VIRGINIA Vijay K. Mago LeClairRyan 951 East Byrd Street Eighth Floor Richmond, VA Phone: (804) Fax: (804) leclairryan.com Mr. Mago represents employers in litigation matters, including disability discrimination claims under the Americans with Disabilities Act; age discrimination claims under the in Employment Act; purported violations of the Family And Medical Leave Act, Fair Labor Standards Act, or 42 U.S.C. 1983; and claims of sexual harassment, race, gender, or national origin discrimination arising under Title VII of the Civil Rights Act of 1964 or 1991, or 42 U.S.C He has significant experience defending complex single plaintiff and class action cases on behalf of management nationwide. He represents employers in state law claims of wrongful discharge, breach of employment contracts or covenants not to compete, defamation, tortious interference with contract, and intentional infliction of emotional distress. He also devotes time to representing POAs and HOAs in litigation addressed to covenant violations, governance issues, and equal housing issues, while helping those clients navigate past trouble areas to avert litigation. Obtained defense verdict while defending employer in breach of contract action against former employee through trial. Obtained defense verdict while defending city government official against claims of tortious interference and defamation through trial. Obtained dismissal of case immediately prior to trial on behalf of employer defending claims of breach of contract and violations of the FLSA. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Listed in The Best Lawyers In America, Employment Law Management, 2013 Listed among Virginia Business magazine s Legal Elite, Labor/Employment, 2009, 2012 Named a Virginia Super Lawyer Rising Star, Labor and Employment Law, Employment law topics including the termination process, the FMLA, Title VII, and the FLSA, Lorman Services and Sterling Services Seminars, Richmond, VA Effective Workplace Investigations, USLAW Network Employment Law Seminar Labor & Employment Law Section, University of Richmond Law Review Annual Survey of Virginia Law, 2009, , J.D., University of Richmond School of Law, cum laude, University of Richmond Law Review, McNeill Law Society 1993, B.S., James Madison University, cum laude 81

88 LeClairRyan VIRGINIA Charles G. Meyer, III LeClairRyan 951 East Byrd Street Eighth Floor Richmond, VA Phone: (804) Fax: (804) leclairryan.com Mr. Meyer focuses on employment litigation and counseling. He represents employers in a variety of employment litigation matters, including defense of wrongful discharge claims; breach of employment contracts and restrictive covenants; disability discrimination claims under the ADA; age discrimination claims under the Age Discrimination in Employment Act; actions filed under the Family Medical Leave Act and Fair Labor Standards Act; and claims of unlawful harassment and race and gender discrimination under Title VII and Section He also counsels employers concerning personnel policies and employment discrimination. He has successfully tried more than 40 jury trials and numerous bench trials in state and federal court. He regularly represents employers before the EEOC and the Virginia Employment Commission, and before the Virginia Supreme Court and the Fourth Circuit Court of Appeals. Representative trials include the defense of a national emergency medical response company in an action alleging sexual harassment; sexual assault; hostile work environment; and simple assault and battery. After a three-day jury trial, Mr. Meyer obtained a defense verdict for the client. Mr. Meyer also has obtained defense verdicts for clients in sexual harassment and retaliation claims, among other Title VII claims. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Listed in Virginia Business magazine s Legal Elite, Labor/Employment, Named a Virginia Super Lawyer and Rising Star, Labor & Employment, Listed in The Best Lawyers in America, Commercial Litigation, Labor & Employment Law, Mass Tort Litigation/Class Actions Defendants, Personal Injury Litigation Defendants, What To Do When EEOC Comes Knocking: A Panel Discussion With EEOC Commissioner Victoria Lipnic On The Latest EEOC Initiatives and Expectations for Employers in 2012 and Beyond, USLAW Conference, Washington, DC, October 5, 2012 Cyber Liability and The Rise of Social Media Claims, Lloyds of London, London, June 21, 2011 Social Media In The Legal Industry: Employment Law Risks & Business Development Opportunities, TransEuropean Law Firm Alliance (TELFA), Madrid, Spain, June 18, , J.D., University of Virginia School of Law 1989, M. Phil., International Relations, Cambridge University 1988, B.A., Yale University, summa cum laude, Phi Beta Kappa 82

89 LeClairRyan VIRGINIA Susan Childers North LeClairRyan 5388 Discovery Park Boulevard 3rd Floor Williamsburg, VA Phone: (757) Fax: (757) leclairryan.com Ms. North s practice includes counseling, mediation, arbitration and litigation of employment issues, including sexual harassment, race and sex discrimination, age discrimination and disability discrimination, wage and hour claims, as well as covenants not to compete, non-disclosure agreements, business conspiracy and trade secrets. She has significant experience in the development, implementation and enforcement of mandatory arbitration programs. She has defended challenges to these programs in federal and state courts around the country. She is experienced in defending complex, multiple-plaintiff and pattern and practice cases, including defeating Title VII and 42 U.S.C. Section 1981 class action discrimination cases, and wage and hour collective action cases under the Fair Labor Standards Act. In addition, she counsels employers, credit reporting agencies, furnishers of information to credit reporting agencies and debt collectors on compliance issues related to the Fair Credit Reporting Act and the Fair Debt Collection Practices Act, and she litigates these claims also. Breach of employment contract and quantum meruit claim defense jury verdict. claim under Title VII of the Civil Rights Act of 1964, as amended defense jury verdict. Won more than 40 employment law arbitrations. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Selected as one of Virginia s Top 50 Women Attorneys, 2012 Listed in Virginia Business magazine s Legal Elite, for Labor and Employment Law, Named a Virginia Super Lawyer, Labor and Employment Law, Appointed by Virginia Supreme Court as faculty member, Harry L. Carrico Professionalism Course Published in Management Magazine (CLM) Published in Virginia Small Business Resource Guide , J.D., University of Richmond School of Law, cum laude 1992, M.B.A., George Washington University, cum laude 1989, B.S., Industrial/Organizational Psychology and Business Management, Old Dominion University, cum laude 83

90 Williams Kastner WASHINGTON Sheryl J. Willert Williams Kastner Two Union Square, Suite Union Street Seattle, WA Phone: (206) Fax: (206) kastner.com kastner.com Sheryl Willert is member of Williams Kastner where she concentrates her practice on counseling investigations, litigation and alternative dispute resolution experience. She practices out of the firm s Seattle office. She has litigated cases involving all aspects of employment law for both unionized and nonunionized employers in both the public and private sectors. She is a national speaker and author on a myriad of employment related topics including sexual harassment, all types of discrimination, leave related laws non competition agreements as well as ethics and trial tactics. Ms. Willert has successfully defended individuals as well as corporations in employment related matters. Ms. Willert is past President of the Defense Research Institute (DRI), the nation s largest association of civil litigation defense attorneys, and she was honored when DRI renamed its annual diversity award the Sheryl J. Willert Pioneer Diversity Award in Ms. Willert is a current member and past Chair of the Board of Directors of the National Foundation for Judicial Excellence, and she is a Fellow of the American College of Trial Lawyers. She has also been recognized as a Best Lawyer in America for more than 15 years and has been recognized by Super Lawyers magazine as a Super Lawyer every year since the publication began its annual review of Washington s top lawyers in Ms. Willert was also named a Top Lawyer in Labor Law by Seattle Magazine. In addition, Ms. Willert has served in various management capacities within her firm, including serving as the firm s Managing Director for many years, most recently form Nelson v. Pro Sports. A two-week arbitration where the demand was $3.6million and the verdict was $100K. State of Washington Public Employees Commission Consolidated Cases. Seattle Prosecuting Attorneys Assn v. City of Seattle, City Attorney s Office. Wrongful discharge/sex discrimination/unfair labor practice case) After hearings that lasted for approximately 3 months, we were able to get the superior court to declare that PERC had no jurisdiction over the City Attorney in a separate action, City of Seattle, City Attorney s office v. Public Employees Relations Commission. Puyallup School District in Thomas, et al. v. Puyallup School District. The class action suit was brought by 55 plaintiffs alleging race discrimination against the school district. The case settled. Employment Risk Realities Seminar Complaints Seminar Training WCAB-132a Matters Honors and Awards Pioneering Woman Award, Loren Miller Bar Association Women of Influence, a recognition of women in commerce, service and philanthropy who are a force in the Seattle community, Puget Sound Business Journal Listed in The Best Lawyers in America for more than 15 years Co-Presenter, Interns, Independent Contractors, Home Health Care and Other Wage and Hour Hotspots, Williams Kastner Labor & Employment Seminar, Seattle, WA, November 13, 2013 Presenter, Federal Laws You May Not Even Know You Are Violating HIPAA, AHCA, FACTA, and OSHA, 2013 Washington School Personnel Association/Washington Schools Risk Management Pool School Law Conference, Tukwila, WA, October 15, 2013 Presenter, NLRB and Non-Union Employers, Oregon/Washington MGMA Annual Meeting, Tacoma WA, April 16, 2013 Presenter, "Social Media in the Workplace," Williams Kastner Labor & Employment Half-Day Seminar, Seattle, WA, March 5, 2013 Presenter, Mandatory Paid Sick Leave Becomes Reality in Seattle: Get Prepared, Williams Kastner Labor & Employment Breakfast Seminar, Seattle, WA, June 21, , J.D., Vanderbilt University 1975, B.A., Duke University, with distinction 84

91 Huddleston Bolen LLP WEST VIRGINIA Ashley W. French Huddleston Bolen LLP Post Office Box 3786 Charleston, WV Phone: (304) Fax: (304) Cell: (304) bolen.com Ms. French is a Partner in the firm s Charleston office. She regularly advises employers as to the implementation of employment policies, provides training to employees, and conducts internal investigations on employee complaints. She has had a particular focus on discrimination claims, sexual harassment claims, and claims for wrongful discharge and retaliation. As part of her work with employers, Ms. French has an active practice in construction litigation and claims for deliberate intent. Throughout her legal career, she has consistently practiced in the field of insurance defense litigation, including bad faith. She has focused a considerable part of her practice on assisting employers and credit unions with various employment issues and litigation arising under the Federal Credit Union Act and the West Virginia Consumer Credit Protection Act. Ms. French has also assisted employers with audits conducted by the Department of Labor and Wage and Hour Division. Ms. French has trial experience in both state and federal courts involving: workers compensation discrimination claims, deliberate intent, wage payment and collection cases, public policy claims, retaliatory discharge, trade secret protection, RIFs, restrictive covenants, transportation and trucking, and personal injury. Ms. French is a frequent contributor to legal journals and a guest speaker at various seminars. Walker v. West Publishing, U.S. District Court for the Southern District of West Virginia. Ms. French represented Thomson-Reuters (West Publishing) in a wrongful discharge claim brought by a former Regional Sales Manager. Plaintiff also asserted a Wage Payment and Collection Act claim. ABB, Inc. v. Greenbrier Technology and Hylton, Circuit Court of Greenbrier County. Ms. French represented ABB on a counterclaim brought by both defendants for alleged violations of the Trade Secret Act and various common law torts. Hatfield v. Hi-Tech Construction Co., Circuit Court of Mingo County. Plaintiff brought claims for deliberate intent and workers compensation discrimination. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Ms. French has been named a Rising Star by the Super Lawyers rating service. She has also been a recipient of the West Virginia State Journal s Generation Next award. Constructive Discharge, WV Chamber of Commerce HR Summit, 2012 Updates and Nuances in Employment Law in WV, Deem HR Conference, 2012 Employment Policies You Need to Review Now, State Journal Business 4 Breakfast, 2011 Documents = Evidence, WV Chamber of Commerce HR Summit, , J.D., West Virginia University College of Law, associate editor, Law Review 1996, B.A., International Studies with an area of concentration in Asian studies, West Virginia University 85

92 Huddleston Bolen LLP WEST VIRGINIA Kevin A. Nelson Huddleston Bolen LLP Post Office Box 3786 Charleston, WV Phone: (304) Fax: (304) Cell: (304) bolen.com Kevin Nelson s primary emphasis in 30 years of practice has been in employment law where he has litigated matters involving discrimination, wrongful discharge, wage act, and trade secret cases. He represented defendants in employment cases in circuit courts throughout West Virginia, in the Northern and Southern United States District Courts, before the Fourth Circuit Court of Appeals, and before the West Virginia and Charleston Human Rights Commissions. He also provides his clients with risk management advice and review on a variety of employment matters including hiring, discipline, discharge, promotion and demotion; social media use; discrimination, benefits, and employee handbooks as well as providing harassment training to management and staff. He is a frequent speaker on employment issues, particularly on social media use, and has served as a mediator and arbitrator in a variety of employment matters. Walker v. West Publishing, U.S. District Court for the Southern District of West Virginia. Represented Thomson- Reuters (West Publishing) in a wrongful discharge claim brought by a former Regional Sales Manager. Plaintiff also asserted a Wage Payment and Collection Act claim, particularly dangerous in West Virginia because attorney fees may be awarded in association with a successful claim. ABB, Inc. v. Greenbrier Technology and Hylron, Circuit Court of Greenbrier County. Represented ABB on a counterclaim brought by both defendants for alleged violations of the Trade Secret Act and various common law torts. Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Recognized for the past five years as one of The Best Lawyers in America for his work on behalf of employers in Labor and Employment Law. Named a WV Super Lawyer in Employment Litigation Defense Beyond Simply Digital: Employment Law, Social Media, Defamation, and Intellectual Property in the Workplace, USLAW Fall Conference 2012 Privacy Issues in the Workplace, Sterling al Services, April, 2012 Chapter 15: The Benefits and Potential Pitfalls of Social Media Use by Insurance Agencies, Insurance Agency Risk Management: A Comprehensive Guide to Avoiding E&O Claims, Agents of America, 2012 Can You Search an Employee s Desk? Read Their ? Listen in on Their Conversations? DeemHR Conference, June, 2010 Six Characteristics of Effective Leadership, USLAW Magazine Spring/Summer , J.D., Washington & Lee University School of Law, member, Law Review, Second Year Class President 1980, B.A., History, Wake Forest University, cum laude and with honors in History 86

93 Huddleston Bolen LLP WEST VIRGINIA Scott Sheets has practiced in the labor and employment law area since joining Huddleston Bolen in He represents employers in trial, mediation, and appeals at all levels of state and federal courts and administrative agencies in connection with claims of wrongful termination, harassment, discrimination, unemployment, workers compensation, unfair labor practices, OSHA citations, and other labor and employment-related areas. His practice also includes consultation with employers in general areas of labor and employment such as contract negotiations, employee handbooks, disciplinary proceedings, and the defense of grievances and arbitrations. Scott K. Sheets Huddleston Bolen LLP 611 Third Avenue Huntington, WV Phone: (304) Fax: (304) bolen.com Dennis Gibson v. Chapman Printing Company Mr. Sheets successfully defended a local regional printing company which had been sued for workers' compensation discrimination in connection with an employee's termination some time following a return to work post-injury. Michael W. Vance v. Mullican Flooring, LP Mr. Sheets represented a regional lumber mill in a matter before the West Virginia Human Rights Commission. The Plaintiff alleged age and disability discrimination in connection with the employee's termination for failure to return to work after exhausting all leave and being released for work following a work-related accident Fifth, LLC v. Alcon Laboratories v. Applied Card Systems, Inc. Mr. Sheets represented the Defendant in a suit in U.S. District Court alleging, inter alia, commercial lease violations and claims of contribution and indemnity. Collective Bargaining Employment Risk Realities Seminar Complaints Seminar Training Honors and Awards Mr. Sheets is listed in Best Lawyers in America for West Virginia (labor and employment law), Super Lawyers in West Virginia (labor and employment law), and Chambers/USA Guide to America's Leading Business Lawyers in West Virginia (labor and employment law). NLRB s Expanding Agenda, Sterling Services (sole contributing author and speaker 2013) Advance FMLA and ADA Issues, Sterling Services (sole contributing author and speaker 2013) The Employee Free Choice Act: Analysis and Compliance, National Business Institute (sole contributing author and speaker 2009). Employment Law Developments: 10 Things to Know Before Firing an Employee, West Virginia Continuing Legal (contributing author and speaker 2008). Compensation Issues Under Revised FLSA Regulations and Hot Topics: The Latest Interpretations of Current Employment Law, Sterling Services, Inc. (contributing author and speaker 2007). Marshall University, B.A. History, summa cum laude, 1983 The College of William and Mary School of Law, J.D.,

94 Williams, Porter, Day and Neville PC WYOMING Scott Ortiz has had a trial practice since 1992, specializing in labor and employment law, professional negligence claims, defense of transportation carriers and oil and gas related litigation. He has successfully defended more than 50 jury trials in state and federal court. He has also successfully defended public and private employers in dozens of contested case hearings, and management rights in more than 75 labor arbitrations in a multi-state area. His clients include regional and county hospitals, individual health care practitioners and other professionals and their insurers, city and county entities, community colleges, utility companies, oil and gas companies, transportation carriers and their insurers, and many private employers. Scott E. Ortiz Williams, Porter, Day, & Neville PC PO Box Casper, WY Phone: (307) Fax: (307) Cell: (307) [email protected] Douglas v. Orkin: Mr. Ortiz represented the employer who was charged with breach of contract and breach of the covenant of good faith and fair dealing. Two week jury trial, federal court, before the Honorable Alan Johnson. Walker v. Toolpushers Supply Company: Mr. Ortiz represented the employer against charges of gender-based discrimination. Two week jury trial, federal court, before the Honorable Alan Johnson. Cooper v. Natrona County School District No. 1: Mr. Ortiz represented the school district on charges of failure to hire based on racial discrimination. To week jury trial, federal court, before the Honorable Clarence Brimmer. Collective Bargaining Complaints Seminar Training Honors and Awards Scott Ortiz has been referenced in USA Chambers, as one of Wyoming s top employment lawyers since He is also referenced as a top employment lawyer in Best Lawyers Mr. Ortiz has received an AV rating from Martindale-Hubbell Lorman Services: Provides frequent seminars regarding employment-related issues Methamphetamine Prevention Conference: Yearly presentation regarding drug testing issues in the work place. Frequently retained by large employers to present in-house training to management employees regarding employment issues 1988, J.D., University of Wyoming School of Law, with honors 1985, B.A., University of Wyoming 88

95 Clark Wilson LLP CANADA BRITISH COLUMBIA Heather Hettiarachchi Clark Wilson LLP West Georgia Street Suite 900 Vancouver, BC V6C 3H1 Phone: (604) Fax: (604) Heather Hettiarachchi is a labour and employment lawyer with a unique combination of legal expertise and extensive hands on human resources management and labour relations experience. Prior to being called to the British Columbia Bar, she was a Human Resources Manager at a large Canadian University and Labour Relations Advisor to Vancouver's oldest community college. Before immigrating to Canada, Heather managed the human resources of a large private insurance company. While at the University, Heather was actively involved in collective bargaining with CUPE and gained considerable experience in job evaluation, job classification and compensation, return to work issues, and health and safety. She was also on the President's advisory committee on discrimination and harassment. Heather has taught labour law as a Visiting Lecturer at the Faculty of Law University of Colombo and the Open University of Sri Lanka. Collective Bargaining Complaints' Seminar Training Structuring Severance Packages, presented at the Lorman Institute Employee Discharge and Documentation seminar on October 9, 2012 Heather contributes regularly to Clark Wilson's Work Place Post Newsletter Employment Law section, Annual Review of Law and Practice, Continuing Legal, 2009 & 2010 Impairment Testing an Alternative to Traditional Drug and Alcohol Testing, Canadian Corporate Counsel, November/December, 2008 Workplace Drug and Alcohol Testing, TLOMA Today, December, , M.Sc., Training & Human Resources Management, University of Leicester (UK) 1992, LL.B (Hons), University of Colombo (Sri Lanka) 89

96 Kelly Santini LLP CANADA ONTARIO Sean Bawden Kelly Santini LLP 160 Elgin Street Suite 2401 Ottawa, Ontario K2P 2P7 Phone: (613) Fax: (613) kellysantini.com Sean is an employment lawyer advising both businesses and individuals. His services range from providing proactive advice aimed at preventing disputes from occurring to appearing before the Courts to fight on his clients behalf when a dispute arises between employers and employees. He has experience advising clients in all aspects of employment law including discrimination claims, wrongful dismissal, WSIB claims, pay equity and human rights. He has represented clients in front of the Ontario Superior Court of Justice, Ontario Court of Justice, and the Court of Appeal for Ontario. In addition, he regularly appears in front of administrative boards, including the Public Services Labour Relations Board (PSLRB), Workplace Safety and Insurance Board (WSIB), and professional disciplinary boards. Sean is a certified as an expert witness in Canadian law by the Massachusetts Department of Industrial Accidents. Gangasingh v. Deputy Head (Canadian Dairy Commission), 2012 PSLRB Ontario Ltd. v. Galpin, 2010 ONSC 2083, aff d 2010 ONCA 843 Sean represented an individual sued for the tort of intentional inference with economic relations and successfully brought a motion to have the case dismissed. The plaintiff appealed and the Court of Appeal upheld the motion judge s ruling. Judicial Review Overturns Administrative Tribunal Ruling National Farmers Union Ontario v. Ontario, 2013 ONSC 6452 Sean Bawden successfully represented the National Farmers Union - Ontario (NFU-O) at a Judicial Review after their application for reaccreditation as a General Farm Organization was denied by the Ontario Agriculture, Food and Rural Affairs Appeal Tribunal. The NFU-O promotes policies that will revitalize agriculture in Ontario by strengthening family farms. As a result of the ruling, NFU-O has been accredited to continue serving its members for a further three years. Complaints Seminar Sean is the author of the award winning blog Labour Pains An employment law blog for employers and employees. Sick of Work? The Legal Minefield of Workplace Burnout, Infonex, Reducing Absenteeism and Meeting Legal Obligations With Advanced Strategies, Ottawa, Ontario, November 27, 2012 Sick of Work? The Legal Minefield of Workplace Burnout, CCLA Civil Litigation Updated 2010, Montebello, Quebec, November 20, , LL.B., University of Ottawa, cum laude 2003, B.A., York University 90

97 Kelly Santini LLP CANADA ONTARIO John-Paul (J.P.) Zubec Kelly Santini LLP 160 Elgin Street Suite 2401 Ottawa, Ontario K2P 2P7 Phone: (613) Fax: (613) kellysantini.com J.P. Zubec has an employment practice and advises businesses and senior executives throughout all stages of the employment life-cycle. As a corporate employment lawyer, J.P. advises businesses of all sizes. His clients regularly turn to him for proactive guidance on building productive workplaces and minimizing employment related claims. Engagements regularly include reviewing and drafting of executive agreements, employment contracts, compensation plans, non-solicitation and non-competition agreements and workplace policies and practices. He also regularly advises on employment law related considerations during the purchase and sale of a business, the duty to accommodate, and represents clients in wrongful dismissal and human rights litigation. J.P. also represents senior executives at all stages of their careers, including reviewing and negotiating employment agreements, bonus and stock options plans, as well as reviewing termination packages and providing representation in any type of employment related litigation, including shareholder disputes. Wrongful Dismissal Results in Compensation and Costs JP acted for a lawyer in a wrongful dismissal action brought against her former employer. The Court held that the dismissal was unlawful and the allegations made against the employee were without merit. Compensation was awarded to the employee andthe Court sanctioned the employer by ordering him to pay for all the employee s legal costs: Johnston v. Levencrown (Levencrown Family Law Counsel), 2008 CanLII (ON S.C.) Compensation for Employee Dismissal During Maternity Leave In only six months, JP was able to obtain an order from the Ministry of Labour requiring the employer to pay the employee more than nine months pay plus damages for emotional pain and suffering: Ladrie v. An-Hoa Inc. Human Rights Complaint Dismissed JP successfully sought an early dismissal of an application filed with the Human Rights Tribunal of Ontario, when he represented a community health centre and two of its executives. Colbeck v. Pinecrest-Queensway Community Health Centre, 2010 HRTO 1435 (CanLII). Collective Bargaining Training 2002, LL.B., University of Western Ontario 91

98 Therrien Couture Lawyers L.L.P. CANADA QUEBEC Denis L. Blouin Therrien Couture Lawyers L.L.P. 1910, King Street West, #320 Sherbrooke, Quebec J1J 2E2 Phone: (819) ext. 403 Fax: (819) Cell: (819) therriencouture.com Fluently bilingual (English-French), Denis has provided representation before all levels of courts and tribunals within Québec on behalf of employers in the public, para-public and private sectors, since As part from his practice, he also acts as employer spokesperson in the negotiation of collective bargaining agreements, and has developed a specialization in preventive and corrective interventions with regard to psychological harassment. His vast experience makes him ideally placed to provide counsel and management support regarding the financial aspects of labor relations, the establishment and implementation of management processes and methods, as wells as organizational restructuring. His representation of northern public and para-public entities has gained him extensive experience in federal and provincial legislation. Denis also acts in commercial and intellectual property litigation. He has authored a number of texts and conferences relating to workforce management, executive employment, occupational health and safety, worker s compensation and the costs related to human resource management. From 1994 to 1997 in French and English languages, negotiation and conclusion of the first Kativik Regional Government Collective Agreements in Nunavik (Province of Quebec) and the first native Kativik Regional Police Force, applicable to Inuit and non Inuit unionized civil service employees and members of the Nunavik Police force January 2010 successful representation of a university before the Quebec Court of Appeal, in a matter where a research professor was suing the University for misrepresentation and lack of consultation with respect to the technology transfer of his invention. (Ref ) Successful representation of a furniture manufacturer before the Quebec Labor Board where after determining the applicable criteria the said Board denied the right of an independent contractor to be governed by the Quebec Labor Standards Ac. (Ref.2011 QCCRT 0200 Case CM ) Collective Bargaining Complaints Seminar Training Introduction to Business Law, Speaker, Business Department, Bishop s University Lennoxville (Qc), Member and leader of the Quebec Bar Health and Safety Committee, from 1996 to 2013 Advisory Committee to the President of the Quebec Bar From 2004 to 2013 Member and co-leader of the coordination Committee of the Commission des lésions professionnelles, the Appeal tribunal with respect to workmen s compensation laws Conference: Can an Obstetrician be Prosecuted for an Unnecessary C-section?, Invited speaker, post graduated course given to members of the American College of Obstetrics and Gynecology, 1983 Publication: How to Manage Health and Safety in the Truck Driving Industry, Handbook prepared for the Quebec Province Truck Driving Association, 1983 Certification, , Barreau du Québec, École professionnelle du Barreau, Site: Université de Sherbrooke Licensee in Law, Faculty of Law, Université de Sherbrooke,

99 Client Services & Products: USLAW SOLUTIONS USLAW NETWORK offers our members' clients countless products free of charge to assist with their day-to-day operations and management of legal issues. Many of these products are the direct result of concepts and initiatives developed by our USLAW Client Leadership Council. The following listings detail each product which runs the gamut from USLAW Solutions to USLAW Resources and finally to USLAW People. We encourage you to review these and take advantage of those that are applicable to you and your company. USLAW is continually seeking ways to ensure that your legal outcomes are seamless and, most importantly, successful and we hope that these resources can assist in this regard. Please don't hesitate to send us input on your experience with any of the items listed in the Sourcebook as well as ideas for the future that would benefit you and your fellow colleagues. TEAM USLAW Corporations and insurers alike need consistent, quality legal services over a broad spectrum of legal and geographical areas. The cost, time, and expertise required in securing legal representation and negotiating fee schedules throughout the region, country and around the world can be overwhelming, requiring constant effort, oversight, frustration and missed opportunity. Team USLAW is the solution to meet these challenges. Team USLAW, a wholly owned subsidiary of USLAW NETWORK, Inc., manages a client s legal needs, providing one point of contact to clients ensuring they receive consistent and quality legal firm choices and services no matter where in the world your needs may arise. Team USLAW eliminates the need to negotiate different fee schedules for each and every legal need. And clients always have the option to reject any candidate firm presented. In summary, Team USLAW is a comprehensive service designed to eliminate much of the hassle and uncertainty of moving from in-house to outside counsel. EDUCATION It s no secret USLAW can host a great event. We are very proud of the industry-leading educational components of our semi-annual client conferences, seminars, and regional meetings. Reaching from national to more localized offerings, USLAW member attorneys and the clients they serve provide meet throughout the year not only at USLAW hosted events but also at many legal industry conferences. CLE accreditation is provided for most USLAW educational offerings. For a omplete listing of programs, please check our Events and Activities Calendar on the home page of USLAW Connect. USLAW ON CALL What is the value in having individual access to 4-8 highly experienced USLAW member attorneys from around the country and around the world (if necessary) roundtable specific issues you may be facing including actual cases or hypotheticals? USLAW is pleased to provide this free consultation which will give you a sense of comfort that you are managing a specific issue/case in an appropriate manner and make you aware of unforeseen roadblocks and variables that may pop up. It never hurts to phone a friend! Call Roger Yaffe at (800) , ext 1 to schedule a call. USLAW CLAIMS CHALLENGE The Challenge is a one-day, experiential claims program that USLAW brings to you and your company. Directed to claims personnel, a detailed, hypothetical, multi-jurisdictional scenario is played out with USLAW member attorneys and corporate partner experts working side-by-side with your staff in smaller teams to manage all of the issues and curveballs that are sure to come. Do we go to trial, mediate, or settle? This is just one of the many questions at hand as USLAW stages this highly interactive program customizable for your specific company and legal staff. LAWSUIT MONITORING Let USLAW help you be the first to know when your company is facing litigation. With USLAW s Lawsuit Monitoring program, we can search for your company on a daily basis and alert you of any activity we find. If you are interested in this service, please contact Roger Yaffe at (800) , ext. 1. A TEAM OF EXPERTS USLAW NETWORK undoubtedly has the most knowledgeable attorneys in the world, but did you know that we also have the most valuable corporate partners in the legal profession? Don t miss out on an opportunity to better your legal game plan by taking advantage of our corporate partners expertise. Areas of expertise include forensic engineering, legal management, outsourcing and medical legal advisory services; court reporting, jury consultation, e-discovery, medical record analysis, forensic accounting, structured settlements, investigation and legal animation services. 93

100 Client Services & Products: USLAW RESOURCES COMPENDIUMS OF LAW USLAW regularly produces new and updates existing Compendiums providing a multi-state resource that permits users to easily access state common and statutory law. Compendiums are easily sourced on a state-by-state basis and are developed by the member firms of USLAW. Just some of the current Compendiums include: Transportation, Construction Law, Nullum Tempus, Offers of Judgment, and a National Compendium addressing issues that arise prior to the commencement of litigation through trial and on to appeal. STATE JUDICIAL PROFILES BY COUNTY Jurisdictional awareness of the court and juries on a county-by-county basis is a key ingredient to successfully operating legal challenges throughout the United States. Knowing the local rules, the judge, and the local business and legal environment provides a unique competitive advantage. In order to best serve clients, USLAW NETWORK offers a judicial profile that identifies counties as Conservative, Moderate or Liberal and thus provides you an important Homefield Advantage. USLAW DIGIKNOW USLAW DigiKnow is USLAW s digital knowledge e-newsletter featuring highlights from around the NETWORK. Through USLAW DigiKnow, we share legal, legislative and jurisdictional news as well promote upcoming USLAW events, webinars and podcasts that might be of interest to you and your colleagues. It is an is an excellent resource to keep abreast of new case law, important verdicts and other pending legislation and events throughout the NETWORK. USLAW MOBILE APPS We pack light. Take USLAW with you wherever you go. Get USLAW information fast including several practice area Rapid Response teams at USLAW 24/7. We also offer specific Client Conference apps twice a year. USLAW apps are available on iphone/ipad, Android and most Blackberry devices (24/7 only) by typing in keyword USLAW. USLAW MAGAZINE USLAW Magazine is an in-depth publication produced twice annually and designed to address legal and business issues facing commercial and corporate clients. Released in Spring and Fall, recent topics have covered managing litigation in a tighter economy, changes in M&A strategies, sidestepping legal challenges during a workforce reduction, best practices in e-discovery policies, and weighing the pros and cons of litigation versus mediation, social media and the law, patent troll taxes and much more. USLAW EDUNET A wealth of knowledge offered on demand, USLAW EduNet is a regular series of interactive webinars produced by several USLAW practice groups. The one-hour programs are available live to you right on your desktop and are also archived on USLAW.org for viewing at a later date. Topics range from Medicare to Employment & Labor Law to Product Liability Law and beyond. USLAW CONNECTIVITY In today s digital world there are many ways to connect, share, communicate, engage, interact and collaborate. Through any one of our various communications channels, sign on, ask a question, offer insight, share comments, seek advice and collaborate with others connected to USLAW. Please check out USLAW on and our LinkedIn group page. 94

101 Client Services & Products: USLAW PEOPLE USLAW MEMBER AND ATTORNEY DIRECTORIES Several USLAW NETWORK practice groups have compiled detailed directories of the active attorneys within their group. These directories showcase the attorneys specific areas of experience, education, industry memberships, published articles, and in some cases representative clients. These directories are available as downloadable PDFs. RAPID RESPONSE The USLAW NETWORK Rapid Response Online Searches secure USLAW attorneys quickly when timeliness is critical for you and your company. Offered for Transportation, Construction Law and Product Liability, this resource provides client s cell and home telephone numbers along with assurance that USLAW will be available 24/7 with the right person and the right expertise. Please see the sticky bar at the top of the USLAW web site to use the USLAW Rapid Response feature. PRACTICE GROUPS USLAW prides itself on variety. Its 6,000+ attorneys study all areas of legal practice and participate in USLAW s 18 active groups and communities including Banking & Financial Services, Business & Advisory Services, Business Litigation, Construction Law, E-Discovery, Employment & Labor Law, Healthcare Law, Insurance and Risk Management Services, International Business & Trade, Internet, Privacy & Media, IP and Technology, Product Liability, Professional Liability, Retail, Transportation, White Collar Defense, Women s Connection, and Workers Compensation. Don t see a specific practice area listed? No worries as USLAW firms cover the gamut of the legal profession and we are sure to find a firm that has significant experience in the area of need. CLIENT LEADERSHIP COUNCIL Take advantage of the knowledge of your peers. USLAW NETWORK s Client Leadership Council is a hand-selected, diverse group of prestigious USLAW firm clients that provides expertise and advice to ensure the organization and its law firms meet the expectations of the client community. In addition to the valuable insights they provide, CLC members also serve as USLAW Ambassadors, utilizing their stature within their various industries to promote the many benefits of USLAW NETWORK. 95

102 S-E-A ADDRESS 7349 Worthington-Galena Road Columbus, OH USLAW PREMIER PARTNER PH (614) FAX (614) WEB 96 U.S. Legal Support, Inc ADDRESS 363 N. Sam Houston Pkwy. E. Suite 1200 Houston, TX USLAW PREMIER PARTNER PH (800) FAX (713) WEB S-E-A is a multi-disciplined engineering and fire investigation company specializing in failure analysis. S-E-A also conducts environmental and industrial hygiene analysis. S-E-A offers complete investigative services including: mechanical engineering, electrical engineering, metallurgical engineering, civil engineering, fire investigation, environmental and workplace analysis. These disciplines interact to provide thorough and independent analysis that will support any subsequent litigation. In addition, S-E-A has a fully equipped chemical testing laboratory. S-E-A's full-time staff of investigators, engineers and chemists are licensed/registered professionals who are court-qualified experts in their respective fields. With ten offices located throughout the United States, S-E-A has provided professional services to manufacturers, attorneys and the insurance industry nationally and internationally for over 40 years. S-E-A also has developed specialized practice groups in construction, marine, trucking, vehicle dynamics and quality control laboratory testing. U.S. Legal Support has been serving the legal services community for nearly two decades. The U.S. Legal Support philosophy brings together specialists located across the country who understand each local market. This philosophy has created local services tailored to each market bound together by a company who holds a national presence. With over 40 offices located across the country U.S. Legal Support has a diversified service offering including Court Reporting, Record Retrieval, Litigation & ESI Services and Trial Services. U.S. Legal Support is the proud official Court Reporter Partner of The USLAW network providing access to over 1200 superior court reporters. U.S. Legal Support court reporters are equipped with state of the art technology creating a system that makes it easy for clients to access information. Client services include a complete online office with 24/7 access which includes online scheduling, calendar access, document repository with access to transcripts and exhibits, invoice review and much more. U.S. Legal Support prides itself on the ability to create personal relationships and partnerships with firms by creating custom solutions tailored to individual legal needs. For a full service offering visit U.S Legal Support looks forward to showing you their Power of Commitment. PARTNER CONTACTS PARTNER CONTACTS J. Kenneth Corwin National Account Executive 7349 Worthington-Galena Road Columbus, OH PH (800) [email protected] Chris Torrens Vice President 1110 Benfield Boulevard, Suite B Millersville, MD PH (800) [email protected] OFFICIAL TECHNICAL FORENSIC EXPERT PARTNER OF USLAW NETWORK Jared Henthorn Manager 7349 Worthington-Galena Road Columbus, OH PH (800) [email protected] OFFICIAL COURT REPORTING PARTNER OF USLAW NETWORK Charles F. Schugart President & CEO 363 N. Sam Houston Pkwy. E., Suite 1200 Houston, TX PH (832) FAX (713) [email protected] Jim Cunningham Director of Record Retrieval Division President, Midwest 200 West Jackson Boulevard, Suite 600 Chicago, IL PH (312) FAX (312) [email protected] Pete Giammanco Director of Court Reporting Division President, Western Ventura Boulevard, Suite 410 Sherman Oaks, CA PH (818) FAX (818) [email protected] Lee Ann Watson Senior VP Sales & Marketing Division President, Southwest 363 N. Sam Houston Pkwy. E., Suite 1200 Houston, TX PH (832) FAX (713) [email protected]

103 Demonstratives, Inc. 97 Elevate Services, Inc. ADDRESS 2321 N Loop Drive Suite 201 Ames, IA PH (515) WEB ADDRESS 201 South Santa Fe Ave., Suite 100 Los Angeles, CA PH (310) FAX (213) WEB Complex ideas and intricate fact patterns are more easily understood when taught using visual tools. Demonstratives, Inc. (DI) has a rich history of creating effective, science-based 2D and 3D computer animations and graphic presentations for attorneys and their clients in over 1500 litigation matters. DI s staff includes doctorate-level experts, engineers, scientists, animators, illustrators, modelers, and graphic artists who apply sound, scientific principles to every presentation, bringing decades of experience to intellectual property, environmental, construction defects, and product liability cases. This unique blend of scientific and artistic talent allows DI to create the most visually compelling, technically accurate, and persuasive images. Attorneys in law firms and corporate legal departments rely on DI to create powerful courtroom tools and effective catalysts for settlement. Elevate provides corporate law departments and law firms with practical ways to improve efficiency, quality, and outcomes through consulting, managed services and technology. Our specialized medical records and bill analysis improves outcomes, expedites settlements, and lowers costs on bodily injury liability claims and litigation. Using a patent-pending quality control system, Elevate s Med Legal team leads the industry in medical bill audits, life care plans, comprehensive claim evaluations, and vocational rehabilitation assessments. We also provide expert witness testimony as needed. Bridging the medical and legal worlds, our expert analysis of medical records help litigation and claims teams build stronger cases and ensure the most effective use of time and money from the start of each case, for example: understanding how pre-existing conditions relate to an injury sustained during the incident; verifying the reasonableness of treatment rendered and the past medicals; and evaluating claims for future care cost damages. Elevate s other services include: Legal project management Document review Contract management Back office support for law firms Headquartered in the United States, Elevate serves clients worldwide. PARTNER CONTACTS PARTNER CONTACTS OFFICIAL LEGAL ANIMATION SERVICES PARTNER OF USLAW NETWORK OFFICIAL MEDICAL LEGAL CONSULTING, LEGAL PROJECT MANAGEMENT, AND OUTSOURCING PARTNER OF USLAW NETWORK Daniel Kruger, Ph.D., President PH (515) [email protected] Nancy Fraser Michalski, RN Vice President and Founder, Med Legal Services PH (310) [email protected] Charles Fox, Ph.D. Vice President PH (515) [email protected] Nick Sherman Business Development Associate PH (310) [email protected] Mark McGrory, Esq. Vice President / General Counsel PH (913) [email protected] Mark Redmayne VP Business Development PH (310) [email protected]

104 Galaher Settlements 98 Granite Legal Systems ADDRESS North 104th Street Scottsdale, AZ PH (630) FAX (630) WEB ADDRESS 1201 Louisiana Street Suite 350 Houston, TX PH (713) WEB As one of the largest providers of structured settlements, Galaher Settlements offers clients integrated claims solutions from a team of industry experts supported by leading-edge technology. We have a staff of more than 50 seasoned professionals located coast-to-coast with more than 600 years of combined experience. Our team has successfully closed more than 50,000 structured settlements over the past 30 years. We offer a full range of settlement solutions, including: Convenient, cost-effective single-source integrated claims solutions A full suite of powerful claim settlement tools Unique expertise in consultative approaches to resolving claims Local jurisdictional insights and knowledge through our national presence Multiple settlement options Structured Medicare set-aside allocations Integrated claims strategies to lower costs and enhance administrative efficiencies Additionally, our team is available to attend mediations and pre-trial settlement conferences and to assist in post-settlement services. We review all settlement agreements and work with counsel to ensure the appropriate structured settlement language is included to guarantee tax-free status. There s more than just one product, service or area that sets us apart, including our depth of knowledge, experienced team and overall strategic approach. Our technology notably the Settlement Processing Information Network (SPIN) structured settlement diary-based file management system offers integrated modules to facilitate document creation, review and storage, reports, accounting functions, quoting, license administration and more for comprehensive management and tracking of our clients cases. Learn more. Contact Galaher Settlements today PARTNER CONTACTS Granite Legal Systems proudly supports USLAW NETWORK firms and their clients throughout the discovery process from legal hold planning through trial support, ensuring that they have the information required for timely and cost effective client representation. Granite professionals work with law firms and corporations to define discovery obligations and plan defensible responses. To these engagements, Granite offers seasoned industry veterans with versatile skill sets who understand and implement technology resource requirements, address team structure & responsibilities, and assure effective quality control processes for all phases of the project. Our consultants and project managers are attorneys, legal assistants, and experienced technologists with extensive litigation and technical expertise. Our ability to provide comprehensive discovery support services to our clients, including investigation, documentation, as well as solution design and implementation capabilities distinguishes Granite Legal Systems from other ediscovery companies. Granite s broad technical skills enable our team to identify and implement cost-effective, repeatable and supportable solutions to recurring discovery issues. We are uniquely qualified to handle discovery assessment, collection, and production projects involving complex data sources, outdated or legacy systems, and other challenging discovery issues. Granite Legal Systems was founded by industry veteran Jeffrey Hewett in 2004 to develop an innovative ediscovery solution (ecollector) and has since grown to provide complete ediscovery services, specializing in solving complex, technically challenging discovery problems. Online at On LinkedIn at PARTNER CONTACTS OFFICIAL STRUCTURED SETTLEMENT PARTNER OF USLAW NETWORK OFFICIAL E-DISCOVERY PARTNER OF USLAW NETWORK Jim Ebel, CPCU, ARM President CELL (630) [email protected] Jeffrey R. Hewett, JD Chief Executive Officer PH (713) [email protected] Dave Latz 413 Reserve Court Joliet, Il PH (815) [email protected] Steve Mack Consultant PH (713) [email protected] Daniel Weberg P.O. Box 660 Alton, NH PH (603) [email protected] Dennis Kiker, JD Consultant PH (804) [email protected]

105 Magna Legal Services, LLC 99 Marshall Investigative Group ADDRESS 1635 Market Street, 8th Floor Philadelphia, PA PH (866) FAX (866) WEB ADDRESS 416 W Talcott Road Park Ridge, IL PH (855) (MIPI) FAX (847) WEB Who are the worst and best jurors for your case? Is your trial story believable? What are the strengths of your case you can emphasize, and the weaknesses that you can eliminate? These are only some of the questions that Magna Legal Services can help you answer. Our consultants can assist in: Focus Group Research (Online and Traditional Live Sessions) Mock Trial Research Thematic Development Research Perception Studies Case Risk Assessment Change of Venue Studies Social Media Surveillance Jury Selection Assistance Witness Communication Training Shadow Jury Studies By conducting Jury Research, Magna assists you and your clients in identifying the best pathway to a favorable verdict. Let Magna Legal Services help you see your case through the jurors' eyes. Our new enhanced Platform, JuryConfirm 2.0 has many of the key features found in our traditional live sessions, while providing an economical and effective way to test your themes in an online environment. Key features of the new system include: Virtual Simulation of Court Room Environment Live Attorney Presentations Live Jury Deliberations Up to Four Deliberation Groups Up to 40 Total Jurors Per Session Juror Impulse Monitoring System Instant Questionnaire Feedback from Jurors Detailed Reports PARTNER CONTACTS Doug Marshall, the founder of Marshall Investigative Group, has been investigating claims for over 25 years. Our nationwide firm specializes in insurance fraud investigations, providing coverage throughout the United States. Our private investigators provide the knowledge and skills necessary to extract the information you need to successfully evaluate your claim. We use investigators from diverse backgrounds like criminal justice, information technology and business, who share their knowledge with others in the firm. Our goal is to exceed your expectations by providing prompt, thorough and accurate information whether that is to establish proper reserves or to document claimant activities. We have a wide variety of services for Cargo, Disability, Liability and Workman s Compensation claims such as activity/background checks, employment, health history, internet research, public records, skip tracing, statements, subrogation and surveillance. We conduct our investigative business with the highest degree of integrity, confidentiality and productivity. At Marshall Investigative Group, we value each and every customer. We are confident that our extraordinary investigative work, provided on a timely basis, will make a difference in your bottom line. We will be happy to discuss your case and respond to any questions you may have. Please contact Doug Marshall to discuss your case at (855) or him at [email protected]. PARTNER CONTACTS OFFICIAL JURY CONSULTANT PARTNER OF USLAW NETWORK OFFICIAL INVESTIGATIVE PARTNER OF USLAW NETWORK Peter Hecht Executive Vice President of Sales PH (732) [email protected] Doug Marshall President [email protected] Mark Calzaretta Director of Litigation Consulting PH (866) [email protected] Adam M. Kabarec Vice President [email protected] Jessica Gimbel Business Development Manager PH (267) [email protected]

106 MDD Forensic Accountants 100 ADDRESS 750 Hammond Drive NE, Building 14 Atlanta, GA PH (404) FAX (404) WEB Matson, Driscoll & Damico is a leading forensic accounting firm that specializes in providing economic damage quantification assessments for our clients. Our professionals regularly deliver expert, consulting and fact witness testimony in courts, arbitrations and mediations around the world. We have been honored to provide our expertise on cases of every size and scope, and we would be pleased to discuss our involvement on these files while still maintaining our commitment to client confidentiality. Briefly, some of these engagements have involved: lost profit calculations; business disputes or valuations; commercial lending; fraud; product liability and construction damages. However, we have also worked across many other practice areas and, as a result, in virtually every industry. Founded in Chicago in 1933, MDD is now a global entity with 20 U.S. and 19 international locations. In the United States, MDD s partners and senior staff are Certified Public Accountants; many are also Certified Valuation Analysts and Certified Fraud Examiners. Our international partners and professionals possess the appropriate designations and are similarly qualified for their respective countries. In addition to these designations, our forensic accountants speak more than 30 languages. Regardless of where our work may take us around the world, our exceptional dedication, singularly qualified experts and demonstrated results will always be the hallmark of our firm. To learn more about MDD and the services we provide, we invite you to visit us at You are also welcome to contact John A. Damico, one of MDD s founding partners, at [email protected] or PARTNER CONTACTS OFFICIAL FORENSIC ACCOUNTANT PARTNER OF USLAW NETWORK Kevin Flaherty 10 High Street, Suite 1000 Boston, MA PH (617) FAX (617) [email protected] Jack Damico 750 Hammond Drive, Building 14 Atlanta, GA PH (404) FAX (404) [email protected]

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