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SUMMER 2009 Directory of E MPLOYMENT AND L ABOR L AW A TTORNEYS 5905 NW 54 TH CIRCLE CORAL S PRINGS, FL 33067 P HONE/FAX (800) 231-9110 [email protected] • www.uslaw.org

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Page 1: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

S U M M E R 2 0 0 9

D i r e c t o r y o f

EMPLOYMENTAND LABOR LAW

ATTORNEYS

5905 NW 54TH CIRCLE • CORAL SPRINGS, FL 33067PHONE/FAX (800) 231-9110

[email protected] • www.uslaw.org

Page 2: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

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Managing multiple employment centers, competing state and federal statutes,

and a diverse employee base?

Put USLAW to work.

Employment counsel and human resourceexecutives face an alphabet soup of com-plexities today. From RIFS and WARN toADA, FMLA, OWBPA and beyond, compet-ing federal statutes as well as state andlocal laws have made employment law alegal minefield for employers.

USLAW’s team spread out across the coun-try in multiple jurisdictions and armedwith decades of experience synthesizing,sorting through and solving employmentissues, helping in-house employmentcounsel and HR execs stay on top of legal

changes, within compliance, and ahead ofemployee issues. And when a courtroomchallenge does emerge, clients know ourcross country team has tried cases in hun-dreds of jurisdictions and venues.

From preventative employee policies andhandbooks to complex employment litiga-tion, let USLAW go to work for you.

For more information, visit us at www.uslaw.orgor contact Roger Yaffe at [email protected].

Page 3: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

MISSION STATEMENTWith increasing litigation and governmental involvement, the rapidly evolving workplace requires a pragmatic approach, innovative so-lutions, 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 broadspectrum of labor and employment issues.

Members of the USLAW Employment & Labor Law Practice Group focus on supplying real-world tailored solutions to labor and em-ployment issues. They work collaboratively with our clients’ in-house legal and human resources professionals to ward off potentialchallenges with carefully planned policy formation, implementation and training.

AREASOF PRACTICEOur group members handle thefull spectrum of employment andlabor issues, including:

• Administrative law agency/tribunal matters

• Affirmative Action - Executive Order11246

• Age Discrimination 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• Retaliation Claims• Unemployment• WARN Act• Workers' Compensation• Workplace Violence• Wrongful Discharge

WHY CHOOSE USLAWEMPLOYMENT & LABORLAW FIRMS?With highly qualified and experienced em-ployment & labor attorneys locatedthroughout the country, group membersare uniquely positioned to offer cuttingedge legal services in a cost-effective man-ner. The Group's nationwide presence andexpertise permits us to respond expedi-tiously to clients wherever and wheneverour members are needed. Through thegroup’s extensive collective experiencerepresenting both private and public sec-tor clients, member attorneys have gaineda deep understanding of our clients’ needsand goals in dealing with employees andlabor unions.

While our members must conform to thehighest standards of excellence and in-tegrity, it is our personalized attention toour clients that sets USLAW apart. Thegroup’s wealth of experience in a wide va-

riety of industries and with employers rang-ing from small “mom and pops” to Fortune100 companies allows them to better coun-sel clients on the day-to-day problems theyencounter.

By working together, USLAW firms’ em-ployment & labor law practice groups offerour clients all of the benefits of nationalrepresentation without compromising ourcommitment to providing outstanding andtimely service. Through our outreach ef-forts, including national seminars and localtraining opportunities, the members aimnot only to offer premiere, cost-effective,legal representation, but also to continueto develop and strengthen relationshipswith our industry partners, allowing ourmembers to better serve the business com-munity.

Group members believe their clients arebest served through preventive measuressuch as careful policy drafting and effectivetraining. To that end, we are often on-sitewith employers, identifying ways to

strengthen personnel policies and provid-ing innovative solutions to workplace chal-lenges. In addition, we provide training tosupervisors and managers on a wide arrayof topics, including: sexual harassment,unlawful discrimination, workplace inves-tigations, and violence in the workplace.

Even with the most careful planning, em-ployers cannot entirely avoid litigation.Group members have extensive experi-ence in all phases of litigation - from ad-ministrative agency proceedings tolitigation in state and federal courtsthroughout the country. Member attor-neys are keenly aware of the potential pit-falls in administrative investigations andregularly assist employers in responding toDepartment of Labor, EEOC, NLRB,OFCCP and OSHA audits and investiga-tions at the federal, state and local levels.Should litigation arise, USLAW clients arewell-positioned by having all of the bene-fits of a large national practice with attor-neys familiar with the local rules, judgesand trends for nearly every jurisdiction.

USLAW Employment & Labor Law Practice Group

Page 4: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

In today’s global marketplace,

legal needs often transcend

geographic boundaries.

Clients with complex legal

needs turn to USLAW

NETWORK member firms to

represent them in the

courtroom and the

boardroom, next door and

across the United States.

When a complex legal matter emerges —whether it’s in a single jurisdiction or na-tionwide — USLAW is there. We representsome of the country’s leading businessesin matters ranging from complex com-mercial litigation, employment law, prod-ucts liability, and professional malpracticedefense.

USLAW NETWORK is a national organi-zation comprised of more than 60 inde-pendent, defense-based law firms withnearly 4,000 attorneys in over 150 offices,covering the entire United States. An al-liance with the Trans-European Law FirmAlliance (TELFA) gives us access to over25 European law firms each representingits own jurisdiction.

USLAW NETWORK law firms:

• Are fully vetted and subject to a rigor-ous review process prior to admission;

• Are AV-rated by Martindale-Hubbell;

• Become part of the USLAW NETWORKby invitation only;

• Possess broad commercial legal capa-bilities;

• Have substantial litigation and trial ex-perience.

Using a USLAW NETWORK firm providesclients with national access to some of thebest trial lawyers in the country whenneeded for the litigation and trial of com-plex, difficult issues and cases. These lawfirms are highly skilled at early case evalua-tion and resolution, when possible, whileproviding cost effective representation.

The commitment of member firms is toprovide high quality legal representationto major corporations, captive insurancecompanies, insurance carriers, and toboth large and small businesses across theUnited States.

USLAW NETWORK is founded on the re-lationship between its lawyers and theirclients throughout the organization.Working with USLAW NETWORK firmshelps clients:

• Streamline the law firm procurementprocess;

• Access competent legal counsel acrossthe US;

• Paricipate in top-quality CLE and on-going legal education opportunitiesthrough our web site and our Springand Fall client conferences;

• Access a variety of USLAW-sponsoredresources, including our RapidResponse Handbook, our web site and aseries of compendiums on US law andother issues.

USLAW NETWORK firms and their mem-ber attorneys include:

• Lawyers who have the highest profes-sional and ethical standards exempli-fied by the “AV” rating inMartindale-Hubbell

• Lawyers who are active members as wellas presidents and past-presidents of var-ious industry and trial organization, in-cluding: • American Board of Trial Advocates • American College of Trial Lawyers • Federation of Defense and

Corporate Counsel • International Association of Defense

Counsel • Association of Defense Trial

Attorneys • Defense Research Institute • Professional Liability Underwriting

Society • American Bar Association • Local associations of defense and

trial counsel in their respectivestates

About USLAW…National Counsel Right Next Door

Page 5: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

ALABAMACarr AllisonThomas L. Oliver, II .........................................1

ALASKARichmond & QuinnRobert L. Richmond ........................................2

ARIZONAJones, Skelton & Hochuli, P.L.C.Steven Leach ....................................................3

ARKANSASQuattlebaum, Grooms, Tull & Burrow PLLCKristine G. Baker..............................................4

CALIFORNIADillingham & Murphy, LLPCarla J. Hartley .................................................5

Murchison & Cumming, LLPMichael B. Lawler ............................................6

Klinedinst PCDavid B. Monks ................................................7

Snyder Law, PCBarry Clifford Snyder ......................................8

COLORADORothgerber Johnson & Lyons LLPS. Kato Crews....................................................9Susan Strebel Sperber ...................................10

CONNECTICUTHinckley, Allen & Snyder LLPLori Rittman Clark ........................................11Robert C. Hinton............................................12

FLORIDACarr AllisonChristopher Barkas .......................................13

Marks Gray, P.A.Edward L. Birk................................................14Susan S. Erdelyi..............................................15

Wicker, Smith, O’Hara, McCoy & Ford, P.A.Kurt M. Spengler ............................................16

GEORGIAHall, Booth, Smith & Slover, P.C.Heather L. Saum ............................................17Richard N. Sheinis .........................................18

HAWAIIGoodsill Anderson Quinn & Stifel LLPCarolyn K. Gugelyk ........................................19Barbara A. Petrus ...........................................20

ILLINOISSmithAmundsen LLCJill A. Cheskes .................................................21Rebecca L. Dobbs...........................................22Terry A. Fox .....................................................23Julie A. Proscia ...............................................24Jeffrey A. Risch ...............................................25Larry R. Smith ................................................26

IOWASimmons, Perrine, Moyer & Bergman, P.L.C.Kevin J. Visser .................................................27Thomas D. Wolle ............................................28

MAINERichardson, Whitman, Large & Badger Elizabeth G. Stouder......................................29

MARYLANDFranklin & Prokopik, PCAlbert B. Randall, Jr. ......................................30

MASSACHUSETTSAdler Pollock & Sheehan P.C.Pamela E. Berman .........................................31

MINNESOTALarson • King, LLPDavid M. Wilk .................................................32

MISSISSIPPICopeland, Cook, Taylor & Bush, P.A.J. Leray McNamara ........................................33

MISSOURILashly & Baer, P.C.James C. Hetlage ............................................34

MONTANADavis, Hatley, Haffeman & Tighe, P.C.Gregory J. Hatley............................................35

NEBRASKABaird Holm LLPKirk S. Blecha .................................................36Christopher R. Hedican ................................37Lindsay K. Lundholm....................................38R.J. (Randy) Stevenson..................................39

NEW HAMPSHIREGallagher, Callahan & GartrellBeth A. Deragon .............................................40

TABLE of CONTENTS

Page 6: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

NEW JERSEYConnell Foley LLPJohn K. Bennett ..............................................41

NEW YORKAhmuty, Demers & McManusJanice Berkowitz ............................................42Jennifer A. Casey ............................................43

Goldberg Segalla LLPRichard A. Braden..........................................44

Traub Lieberman Straus & Shrewsberry LLPLisa L. Shrewsberry .......................................45

NORTH CAROLINAPoyner Spruill LLPSteven A. Rowe ...............................................46David L. Woodard ..........................................47

NORTH DAKOTAEbeltoft . Sickler . Lawyers Matthew R. Kolling ........................................48

OHIORoetzel & Andress, LPADenise M. Hasbrook ......................................49Douglas M. Kennedy .....................................50Gina A. Kuhlman............................................51

OKLAHOMAPierce Couch Hendrickson Baysinger & Green, L.L.P.Larry G. Cassil, Jr............................................52

OREGONWilliams KastnerSharon Carroll Peters ....................................53

PENNSYLVANIASweeney & Sheehan, P.C.Barbara A. O’Connell ....................................54

Thomas, Thomas & Hafer LLPCrystal H. Clark..............................................55James K. Thomas, II .......................................56

RHODE ISLANDAdler Pollock & Sheehan P.C.Robert P. Brooks .............................................57

SOUTH CAROLINABuist Moore Smythe McGee P.A.David B. McCormack ....................................58David S. Yandle...............................................59

SOUTH DAKOTARiter, Rogers, Wattier & Northrup, LLPRobert C. Riter................................................60

TEXASFee, Smith, Sharp & Vitullo, L.L.P.Brett A. Smith .................................................61

Orgain Bell & Tucker, LLPRobert J. Hambright ......................................62Donean Surratt ..............................................63

UTAHStrong & Hanni, PCKristin A. VanOrman .....................................64

VIRGINIALeClairRyanCharles G. Meyer, III ......................................65

WASHINGTONWilliams KastnerSheryl J. Willert ..............................................66

WEST VIRGINIAHuddleston Bolen LLPKevin A. Nelson ..............................................67Scott K. Sheets................................................66

WISCONSINSmithAmundsen LLCPatrick J. Lubenow.........................................69

WYOMINGWilliams, Porter, Day and Neville PCScott E. Ortiz ..................................................70

TELFA MembersFRANCECampbell, Philippart, Laigo & AssociésHervé Laigo ....................................................71

GERMANYAlpers & Stenger PartnerschaftDr. Tobias Schommer ....................................72

UNITED KINGDOMWedlake BellRichard Isham................................................73

TABLE of CONTENTS

Page 7: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Thomas L. Oliver, IICarr Allison100 Vestavia ParkwayBirmingham, AL 35216Phone: (205) 949.2942Fax: (205) 822.2057Cell: (205) 908.9405Email: [email protected]

• Pregnancy and race discrimination – tried multi-count matter to a defense verdict before jury in FederalDistrict 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 rea-son. After a week long trial, the jury returned a defense verdict.

• Wrongful termination – sucessfully defended a wrongful termination matter in the Circuit Court of CullmanCounty, Alabama. Plaintiff alleged that he was terminated for asserting a workers compensation claim in vi-olation of Alabama statutory law. Employer defended on grounds that the employee was terminated for poorwork 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 environmentclaims. Three plaintiffs claimed that employer had a practice of discriminating against blacks and supervi-sors frequently used demeaning terms against blacks. Employer denied charges and specifically denied useof demeaning language.

Representative Trials

Carr Allison ALABAMA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace Discrimination

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Corporate Counsel

• Top Lawyers in America (Labor and Employment)

• Best Lawyers in America

• SuperLawyers

Honors and Awards

• B.S., Auburn University

• J.D., Cumberland School of Law

Education

• 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 Violencein the Workplace, Human Resources Conference Preventing Sexual Harrassment in the Workplace

Representative Seminars

Thomas L. Oliver, II is a founding member and director of CARR ALLISON and bases his trial practice out of itshome office in Birmingham, Alabama. Mr. Oliver serves as the firm’s chair of its Employment Litigation PracticeGroup. His practice includes providing advice to employers on potential employment issues, including thedrafting of employment policies. Mr. Oliver has served as regional counsel to employment clients addressing is-sues in several southeastern states. He has handled numerous employment litigation cases ranging from work-ers’ compensation to retaliatory discharge to federal discrimination claims under Title VII. He has tried casesin 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, KellyServices, the Alabama Retail Association and through insurers such as Chubb, Travelers, St. Paul, and Fireman’sFund. Mr. Oliver is a member of the American Bar Association (Labor & Employment committee), the DRIEmployment Committee, the USLAW Network’s Employment committee and has served as past chair of theworkers’ compensation section of the Alabama State Bar. Mr. Oliver is an adjunct professor of trial advocacy atthe Cumberland School of Law in Birmingham, Alabama. He serves as trustee of the Alabama Law Foundationand is active in the Alabama State Bar and American Bar Associations.

Biography and Experience

Served as Speaker/Panelist or Articles Written

1

Page 8: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Robert L. RichmondRichmond & Quinn360 K Street, Suite 200Anchorage, AK 99501Phone: (907) 276-5727Fax: (907) 276-2953Email: brichmond@richmond

quinn.comwww.richmond 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 successfulgetting a defense verdict in each case.

Representative Trials

Richmond & Quinn ALASKA

Age DiscriminationConsultations/Risk Analysis

Employment Policy andProcedure Manuals

Retaliation

Sex/Gender DiscriminationWage & Hour ClaimsWrongful Termination

Areas of Experience

• Robert L Richmond, principal contact graduated from Georgetown University in 1965, and from theUniversity of Oregon Law School in 1970

Education

• Our firm is heavily involved in the representation of air carriers in the State of Alaska, and we put on an an-nual seminar for the Alaska Air Carriers association. Bob Richmond, Will Earnhart and Marc Wilhelm have allspoken at these annual seminars.

• Will Earnhart has spoken at Lorman seminars here in Alaska to representatives of the construction and trans-portation industries the subject being: Employment Law A to Z.

Representative Seminars

Our lawyers have tried a number of cases throughout the State of Alaska, and appeared for clients before bothFederal and State agencies dealing with employment issues

Biography and Experience

Served as Speaker/Panelist or Articles Written

2

Page 9: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Steven LeachJones, Skelton & Hochuli, P.L.C.2901 N. Central AvenueSuite 800Phoenix, AZ 85012Phone: (602) 263-7350Fax: (602) 200-7873Email: [email protected]

• Becker v. Phoenix Union High School District. A Title VII retaliation tried to a defense verdict before the ArizonaDistrict Court.

• Himes v. Botma. A breach of contract action tried successfully before a state court jury on a twelve million dol-lar claim.

• Ramirez v. Pima County Community College District. Summary Judgment obtained in an ADA claim litigatedbefore the Arizona District Court.

Representative Trials

Jones Skelton & Hochuli, P.L.C.

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Leach is chair of the firm’s Employment Law Practice Group.

Honors and Awards

• Bachelor of Arts Degree in Political Science, University of Iowa, 1984

• Juris Doctorate (with high distinction), University of Iowa, 1987

Education

• Multiple presentations of a training seminar, co-developed by Mr. Leach and his partner Gordon Lewis, en-titled, “Avoiding Workplace Harassment.”

• Multiple seminars on “The Legal Arizona Workers Act,” which went into effect January 2008 and created sig-nificant sanctions for Arizona employers who hire illegal aliens.

• Panel speaker for the “Employer Sanctions Compliance Seminar,” presented by the Maricopa CountyAttorney’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 Actfrom Reasonable Accommodation to Drug Testing.”

• “Employment Practices Liability” seminar presented to the Arizona Chapters of the Risk and InsuranceManagement Society and the Public Risk Management Association.

Representative Seminars

Steven Leach has practiced in Arizona since 1987, with much of that practice focused on representing employ-ers in employment practices disputes. Mr. Leach is chair of the Jones, Skelton and Hochuli employment lawpractice group. He provides employers effective and efficient representation on all manner of employment re-lated issues before administrative agencies such as the EEOC, and before State and Federal Courts. Mr. Leachalso counsels employers on pre-claim employment matters, including educating employers on employmentpractices liability risk management. Mr. Leach is committed to working with clients to avoid employmentclaims, or to be best situated to defend those claims when they are unavoidable.

Biography and Experience

Served as Speaker/Panelist or Articles Written

3

ARIZONA

Page 10: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Kristine G. BakerQuattlebaum, Grooms, Tull &

Burrow PLLC111 Center Street, Suite 1900Little Rock, AR 72201Phone: (501) 379-1704Fax: (501) 379-3804Cell: (501) 940-8494Email: [email protected]

Ms. Baker has handled and assisted in handling numerous cases involving complex commercial litigation inArkansas state and federal courts. She has worked on class actions and cases involving multiple plaintiffs andmultiple defendants. The types of claims she has litigated include employment discrimination, deceptive tradepractices, breach of contract, breach of fiduciary duty, fraud, securities violations, unfair competition, tortiousinterference, products liability, construction disputes, real estate disputes, Fair Housing Act claims, and insur-ance coverage disputes. Clients whom she represents include Fortune 500 companies, regional businesses,small entities, governmental bodies, and individuals.

Representative Trials

Quattlebaum, Grooms, Tull & Burrow PLLC ARKANSAS

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Recognized as a Rising Star, Mid-South Super Lawyers (2008)

• Listed in Chambers USA as “Up and Coming” in General Commercial Litigation (2007)

• Received “Best of CLE” from the Arkansas Bar Association for a presentation in the area of Labor andEmployment Law (2008)

Honors and Awards

• University of Arkansas School of Law – High Honors Graduate of the University of Arkansas School of Law,May 1996

• Saint Louis University – Summa Cum Laude Graduate of Saint Louis University with degrees in English andAmerican Studies, May 1993

Education

• 2008 Arkansas Bar Association Labor and Employment Law Conference – Topic: What You Need To Know ToDraft Enforceable Severance Agreements

• 2007, 2006, and 2005 Employment Law Update for Sterling Education Services, Inc. – Topics: Coping withLeave Laws, Negotiating Separation Agreements in Difficult Termination Situations, Protecting At-WillEmployment, Employee Privacy in the Workplace

• 2004 Speech to Arkansas Human Resources Officers – Topics: Privacy / Internet Policy and Procedures andMinimizing Organizational and Personal Liability Risks Arising From Employment Terminations

Representative Seminars

Kristine G. Baker is a partner who has been practicing labor and employment law since 1998. She has success-fully handled a wide variety of employment and business-related matters and has resolved these matters throughlitigation, arbitration, and mediation. She offers employment advice and counseling. She reviews and writesemployment policies and manuals. She routinely appears on behalf of employers before the Equal EmploymentOpportunity Commission, United States Department of Labor Wage and Hour Division, and United StatesDepartment of Labor Occupational Safety and Health Administration. She has experience mediating cases be-fore private mediators and court-sponsored mediators in the United States District Courts for the Eastern andWestern Districts of Arkansas. She also regularly represents employers in discrimination and wrongful-termi-nation cases pending in both state and federal court, successfully handling both bench and jury trials.

Biography and Experience

Served as Speaker/Panelist or Articles Written

4

Page 11: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Carla J. HartleyDillingham & Murphy, LLP225 Bush Street, Sixth FloorSan Francisco, CA 94104Phone: (415) 397-2700Fax: (415) 397-3300Cell: (415) 672-2344Email: cjh@dillingham

murphy.comwww.dillinghammurphy.com

While Ms. Hartley has tried employment cases, successful results for clients, particularly in California, morefrequently involve conclusions other than through trial. Representative successes for clients include:

Rogoff v. Doe Restaurant Chain (San Francisco County) – Putative class action for unpaid overtime and otherwage and hour violations settled pre-filing and pre-class certification.

Mitchem/Gomez v. Doe Corporation (Contra Costa County Superior Court) – Successful settlement of two plain-tiff pregnancy discrimination case within sixty days of substituting into case.

Ly v. Doe Theater Chain (San Francisco County Superior Court) – False arrest, defamation and wrongful termi-nation case resolved for nominal settlement following grant of summary adjudication motion.

Representative Trials and Dispositions

Dillingham & Murphy, LLP

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• Ms. Hartley is AV rated by Martindale-Hubbell.

Honors and Awards

• University of California at Berkeley, B.A. Political Science, 1980

• Santa Clara University School of Law, J.D., 1984

Education

• “Best Practices in Managing Employees with Disabilities,” presentation for the Personnel Association ofSonoma County (“PASCO”) (10/30/08)

• “2007 Employment Law Update,” presentation for the Northern California Human Resources Association(“NCHRA”) (10/18/07 in Alameda County and 11/29/07 in Sonoma County)

• “Employment Law From A to Z,” presented for Lorman Educational Services (4/13/07)

• “San Francisco Paid Sick Leave Ordinance,” presented for the San Francisco Dental Association (3/8/07)

• “Employment Law Updates,” presented for the Marin Human Resources Forum and Northern CaliforniaHuman Resources Association, North Bay Chapter (monthly 2004 to present)

Representative Seminars

Carla Hartley has been practicing in the area of employment law for over 20 years. She represents employers ina wide variety of employment litigation, including wrongful termination, breach of contract, discrimination,harassment, retaliation, the Americans with Disabilities Act, Family Medical Leave Act, Title VII, FairEmployment & Housing Act, reductions in force, wage and hour issues, privacy rights, and trade secrets. She alsoprovides a full range of non-litigation services including employment advice and preventative counseling; em-ployment and severance negotiations; contracts, handbooks, arbitration agreements, confidentiality and pro-prietary information agreements, and other employment-related documents; compensation plans; and sexualharassment and other training.

Biography and Experience

Served as Speaker/Panelist or Articles Written

5

CALIFORNIA

Page 12: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Michael B. LawlerMurchison & Cumming, LLP801 So. Grand Avenue9th FloorLos Angeles, CA 90017Phone: (213) 623-7400Fax: (213) 623-6336Cell: (213) 700-0213Email: mlawler@murchison

law.comwww.murchisonlaw.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 andpromotions. When she refused the sexual favors, she alleges that she was constructively terminated. The key tothe defense of the case was that the defendant/manager had a disfigurement in the area of his genitals whichthe 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 termi-nated because he had complained of policy violations. Plaintiff claimed that supervisors and co-workers re-peatedly mocked him for complaining about smoke in the work place and that his lay off was in retaliation ofhis complaints. The jury was convinced that the lay offs were due to cut backs and not because the plaintiff hadcomplained of policy violations. The jury found that the employer chose the plaintiff based upon his past per-formance, 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 oldblack man employed as a personnel clerk. He was the only male in this section. The plaintiff was assigned to anew 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 fileda lawsuit for race and gender discrimination. Defense was that the plaintiff was a marginal employee who hadproblems with attendance and personal telephone calls. The jury determined the plaintiff’s claims were un-founded and came back with a verdict for the employer.

Representative Trials

Murchison & Cumming, LLP

ADA MattersAge DiscriminationConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• Selected as “Best Lawyers in America” in 1987.

• Selected for Special Arbitration Panel for the Los Angeles Superior Court.

Honors and Awards

• Loyola University graduated with a B.A. in 1964

• Southwestern University graduated with a J.D. degree in 1971

Education

• 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 EconomicDownturn on Employment Issues.

• Speaker at various organizations, including California Trial Lawyers Association, Association of SouthernCalifornia Defense Counsel on litigation and mediation tactics in employment cases.

• Authored article for the The California Labor Letter entitled “California Employer Successfully DefendsEmployment Suit.”

• Authored The DRI Course Book Seven, “The Effects of the Employment Screening of Nursing Home Personnelon Facility Liability, individual Liability and Quality of Care.”

Representative Seminars

Michael B. Lawler has practiced in the Employment Law area since the mid 1980’s advising clients in a widerange of employment matters, including wrongful termination, employment discrimination, compliance is-sues, non-competition violations, work place policies, hiring and termination practices, drafting employmentcontracts and other transactional aspects. He also provides clients with pre-litigation investigation services, re-view of policies and procedures, counseling and quarterly updates of recent cases and change in statutory, ad-ministrative and regulatory law. Mr. Lawler has substantial experience in litigating employment matters in bothstate and federal courts.

Biography and Experience

Served as Speaker/Panelist or Articles Written

6

CALIFORNIA

Page 13: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

David B. MonksKlinedinst PC501 W. Broadway, Suite 600San Diego, CA 92101Phone: (619) 239-8131Fax: (619) 238-8707Email: dmonks@klinedinst

law.comKlinedinstlaw.com

Wage-and-Hour: Defeated part-time, intermittent employee’s claim that he was discharged on multiple occa-sions and, therefore, entitled to final wages on multiple days.

Wage Discrimination/Retaliation: Obtained summary judgment for school district against under-performingHispanic school teacher whose contract was not renewed.

Retaliation: Obtained summary judgment for school district against employee who claimed retaliation follow-ing his disclosure of allegedly improper asbestos removal activity.

Representative Trials and Dispositions

Klinedinst PC

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• Mr. Monks was recognized as one of San Diego’s Super Lawyers® for employment litigation defense in 2007and 2008.

Honors and Awards

• Rutgers University, B.A. in Spanish, 1986

• University of Maryland School of Law, J.D., 1992

• Judicial law clerk for the Honorable Glenn T. Harrell, Jr., of the Court of Special Appeals of Maryland, 1992-93

Education

• Recurring speaker at Klinedinst PC’s annual Employment Law Symposium.

• National Business Institute, “Creating Comprehensive Employee Handbooks”

• Lorman Education Services Seminar, “Employee Handbooks and Personnel Files” and “The Basics of Wageand Hour Law”

• Lorman Education Services Seminar, “Human Resources Audits”

• Recurring speaker at Law Day and similar events by the San Diego Society for Human Resource Management

• Recurring guest lecturer on disability law for Health and Safety Management course at San Diego StateUniversity’s College of Extended Studies

Representative Seminars

David Monks, a shareholder, is Chair of the firm’s Employment Law Department. Since 1999, his practice has fo-cused on employment litigation and counseling, in which he helps California employers with a wide variety ofissues. David has counseled employers on matters such as employee discipline, misconduct investigations,leaves of absence, revision of handbooks, disability accommodation, and wage-and-hour issues. He frequentlyrepresents employers and managers against state and federal administrative complaints of discrimination, ha-rassment and retaliation. His defense of employers in court has encompassed many different claims on issuessuch as harassment, discrimination, failure to accommodate disability, breach of implied contract, wage-and-hour violations, non-competition/non-solicitation agreements, and defamation.

Biography and Experience

Served as Speaker/Panelist or Articles Written

7

CALIFORNIA

Page 14: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Barry Clifford SnyderSnyder Law, PC4050 Calle Real Suite 200Santa Barbara, CA 93110Phone: (805) 692-2800Fax: (805) 692-2801Cell: (805) 637-8114Email: bsnyder@snyder

law.comwww.snyderlaw.com

Deconde v. County of Santa Barbara. Sexual, age and national origin claim by a school district employee, suc-cessfully defended in a jury trial. Plaintiff resigned the day after the verdict.

Representative Trials

Snyder Law, P.C. CALIFORNIA

ADA MattersAge DiscriminationCivil Rights MattersEEOC and DFEH Mediations

Employment Policy andProcedure Manuals

Hostile Work EnvironmentNational Origin DiscriminationRace Discrimination

Sex/Gender DiscriminationSexual HarassmentWCAB-132a MattersWrongful Termination

Areas of Experience

• Participated in EEOC Law School Clinic at Loyola University School of Law.

Honors and Awards

• B.S., Bacteriology, University of California at Los Angeles, 1970

• JD, Loyola University School of Law, Los Angeles, 1974

Education

• Conducted various seminars/presentations to Santa Barbara, Ventura and San Luis Obispo County Dentaland Medical Societies.

Representative Seminars

Barry Snyder has practiced employment law, primarily in the litigation arena, for over one-third of a century. Hispractice focuses on pre-litigation planning, for both employers and employees and effective defense of em-ployers in litigated matters.

Biography and Experience

Served as Speaker/Panelist or Articles Written

8

Page 15: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

S. Kato CrewsRothgerber Johnson

& Lyons LLP90 S. Cascade, Suite 1100Colorado Springs, CO 80903Phone: (719) 386-3000Email: [email protected] Lund v. Pueblo School District 60 a/k/a Pueblo City School – Mr. Crews obtained summary judgment on behalf

of the School District on the plaintiff’s breach of contract claim related to health benefits.

Smith v. Multi-Financial Securities Corp. – Mr. Crews successfully secured an Order compelling arbitration underarbitration clauses in an account application based on the plaintiff’s derivative claims of respondeat superiorand negligent supervision.

Representative Trials

Rothgerber Johnson & Lyons LLP

Collective Bargaining Consultations/Risk AnalysisEmployment Policy and

Procedure ManualsEmployment Risk Realities

Seminar

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReductions in ForceRetaliationSex/Gender Discrimination

Sexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Recognized in Super Lawyers Magazine 2009 as a “Colorado Rising Star” for Employment & Labor.

Honors and Awards

• Juris Doctor, 2000, University of Arizona College of Law

• Bachelor of Arts, 1997, University of Northern Colorado, Public Relations/Journalism and MassCommunications

Education

• Author of “Employers Must Comprehend the Employee Free Choice Act” published 3/1/2009

• Author of “When is an Undocumented Worker a Lawful “Employee”“ published 12/22/2008

• Author of “Supreme Court Holds Retaliation Claims Allowed Under Section 1981 and Federal-Sector ADEAProvision, published Summer 2008

• Speaker: “2008 Employment Law Update,“ December 17, 2008, Colorado Springs Human ResourcesAssociation

• Speaker: “Making Informed Decisions When Hiring and Firing,“ June 19, 2008, Better Business Bureau ofSouthern Colorado

Representative Seminars

Kato Crews joined Rothgerber Johnson & Lyons LLP in 2001 after serving as an attorney with the U.S. NationalLabor Relations Board. He practices in the firm’s Colorado Springs and Denver offices with an emphasis onlabor and employment law, construction law and litigation, and general litigation.

Mr. Crews represents management/employers in a full range of employment matters. He defends employers infederal and state court against claims of unlawful discrimination/harassment, retaliation, wrongful discharge,unpaid compensation, and actions involving non-compete agreements, among others. He also represents em-ployers in proceedings before the NLRB, EEOC, and other federal and state agencies, and represents manage-ment in grievance arbitrations. In an effort to assist his clients in preempting possible litigation, Mr. Crewsroutinely counsels employers on a host of issues involving general workforce management and effective meansof communicating employment decisions and policies to the workforce.

Biography and Experience

Served as Speaker/Panelist or Articles Written

9

COLORADO

Page 16: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Susan Strebel SperberRothgerber Johnson

& Lyons LLP1200 17th Street, Suite 3000Denver, CO 80202Phone: (303) 628-9563Fax: (303) 623-9222Email: ssperber@

rothgerber.comwww.rothgerber.com

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 TenthCircuit. 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 employmentclaims including violation of Title VII, ADEA and ADA.

Representative Trials

Rothgerber Johnson & Lyons LLP COLORADO

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Juris Doctor, 1992, George Washington University National Law Center, Cum Laude

• Bachelor of Arts, 1989, Duke University

Education

• Presenter of "How the ADA Amendments ACT Affects You" at the 2009 Colorado Employment Law Conferencesponsored 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

Representative Seminars

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 clientson a wide range of employment-related issues and has tried cases in both state and federal courts, before fed-eral administrative agencies, and before arbitration panels in disputes involving the Americans with DisabilitiesAct, the Fair Labor Standards Act, the Family and Medical Leave Act, Title VII of the Civil Rights Act of 1964, theAge Discrimination in Employment Act and the National Labor Relations Act.

Ms. Sperber also advises clients on all types of employment agreements, including non-competition agree-ments and severance agreements.

As an immigration specialist, Ms. Sperber counsels employers regarding immigration matters arising in con-nection with employment, including employer compliance with federal I-9 requirements, state immigrationlaws, and assisting employers regarding work authorization issues.

Biography and Experience

Served as Speaker/Panelist or Articles Written

10

Page 17: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Lori Rittman ClarkHinckley, Allen & Snyder LLP20 Church StreetHartford, CT 06103Phone: (860) 331-2622Fax: (860) 278-3802Email: [email protected]

Susan Dunleavy v. Southern New England Telephone Co., Superior Court, Judicial District of New Haven at NewHaven, Docket No. CV-00-0440524S: Successfully represented telecommunications company against claims ofbreach of contract, hostile work environment, wrongful discharge, breach of covenant of good faith and fairdealing and defamation, and obtained summary judgment in favor of client on all counts.

Jaclyn Dupree v. Patriot National Bank, United States District Court, District of Connecticut, Docket No. 3:06 CV01857 (MRK): Successfully represented bank against claims of discrimination and retaliation on the basis ofgender, claims of interference with FMLA rights, and statutory free speech claims.

Jamie Hamilton v. Northeast Military Sales, Superior Court for the Judicial District of Norwich at Norwich, DocketNo. CV 08 5101707S: Successfully represented retail operator against claims of worker’s compensation retaliation.

Representative Trials

Hinckley, Allen & Snyder LLP CONNECTICUT

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• Western New England College School Of Law, J.D., 1997 cum laude Note Editor, Western New England Law Review

• University Of Connecticut, B.A., 1987

Education

• Reducing the Legal Risks Associated with a Reduction in Force – DRI, The Voice of the Defense Bar, 2/2009

• Presenter, “E-mail Archiving and Complying with the New E-Discovery Rules,” Connecticut Association ofCorporate Counsel, February 2008

• Presenter, “Rules and Procedures for Federal Court Success,” National Business Institute, April 2008

• Author, Long and Short Term Lessons from Ledbetter, DRI, For the Defense, April 2008

• Presenter, “Employment Laws You Should Know About,” National Business Institute, February 2008

Representative Seminars

Lori Rittman Clark has concentrated her practice in the area of employment and labor law since 1999. She rep-resents companies of all sizes in federal and state courts and administrative agencies on a wide range of em-ployment-related claims. She also represents management, including municipalities, in collective bargaining,grievances, and arbitrations. In addition to representing employers in adversary proceedings, Ms. Clark coun-sels employers in an effort to avoid litigation. She regularly advises clients on issues involving the Family andMedical Leave Act; the Americans with Disabilities Act; state and federal wage and hour laws; employee bene-fits; and a wide range of personnel matters. Ms. Clark also works with employers to create or revise employ-ment manuals, policies and forms tailored to the employer’s particular business and workplace.

Biography and Experience

Served as Speaker/Panelist or Articles Written

11

Page 18: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Robert C. HintonHinckley, Allen & Snyder LLPCityPlace I – 35th Floor185 Asylum StreetHartford, CT 06103-3488Phone: (860) 725-6250Fax: (860) 278-3802Cell: (860) 817-9359Email: [email protected]

Habibah Abdul Hakeem v. Smurfit Stone Container Corp.; United States District Court, District of Connecticut,Docket No. 3:05-cv-01547 (CFD): Successfully represented global paperboard manufacturer against claims ofrace discrimination, sexual harassment and hostile work environment, and obtained summary judgment infavor of client on all counts.

Kathleen Dinice-Allen v. Yale-New Haven Hospital; United States District Court, District of Connecticut, DocketNo. 3:06-cv-00675(PCD): Successfully represented hospital against various employment discrimination claimsand 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 discriminationand retaliation.

Representative Trials

Hinckley, Allen & Snyder LLP

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH Mediations

Employment Policy andProcedure Manuals

Hostile Work EnvironmentRace DiscriminationReductions in Force

RetaliationSex/Gender DiscriminationSexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• Fellow, Litigation Counsel of America (2008)

• John W. Cooper Fellow, Connecticut Bar Foundation (2003)

Honors and Awards

• United States Military Academy, West Point, New York – B.S. 1984

• University of Connecticut School of Law – J.D. 1995

Education

• Hinckley, Allen & Snyder LLP, Labor & Employment Seminar, 2009, Needham, MA: Speaker on Data Privacyand 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

Representative Seminars

Bob Hinton has practiced in the field of employment law since 1995 and represents companies of all sizes in fed-eral 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 dis-crimination, the Family and Medical Leave Act, state and federal wage and hour laws, employee benefits and awide range of personnel matters.

Biography and Experience

Served as Speaker/Panelist or Articles Written

12

CONNECTICUT

Page 19: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Christopher BarkasCarr Allison305 Gadsden StreetTallahassee, FL 32301Phone: (850) 222.2107Fax: (850) 222.8475Cell: (850)556.1331Email: cbarkas@carr

allison.comwww.carrallison.com

Carr Allison FLORIDA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH mediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace Discrimination

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• B.S., Florida State University

• J.D., Cumberland School of Law

Education

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 FloridaDefense Lawyers Association.

Biography and Experience

13

Page 20: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Edward L. BirkMarks Gray, P.A.1200 Riverplace Blvd., Suite 800Jacksonville, FL 32207Phone: (904) 398-0900Fax: (904) 399-8440Cell: (904) 614-6876Email: [email protected]

Ball v. Heilig-Myers Furniture Co., 35 F. Supp. 2d 1371 (M.D. Fla. 1999)

Representative Trials

Marks Gray, P.A. FLORIDA

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining EEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarRace DiscriminationReductions in Force

RetaliationSex/Gender DiscriminationSexual HarassmentWrongful Termination

Areas of Experience

• University of Mass., B.A. Journalism, 1983

• Florida State University College of Law, J.D., with honors, 1995

• Editor-in-Chief, Florida State University Law Review 1994-95

Education

• “E-Mail Issues for Law Firms,” Presentation to Florida Defense Lawyers Association, Annual Meeting andCLE, August 2001, Amelia Island, Fla.

• Edward L. Birk, “Employment Lawyers: If you want to litigate, do not investigate;” Trial Advocate Quarterly,Florida Defense Lawyers Ass’n, Summer 2002.

• Edward L. Birk, American Inns of Court Series on Florida Civil Procedure & Practice, “Chapter 3: Burden ofProof and Presumptions, Lawyers Cooperative Publishing” (1996).

Representative Seminars

Mr. Birk’s legal practice focuses on labor and employment litigation, primarily defending management, but alsorepresenting plaintiffs. His concentration is in severance agreements, employment contracts, non-competitionagreements, and employee benefits-ERISA, as well as EEO discrimination litigation based on gender, pregnancy,age, disability and race. Mr. Birk has over 13 years experience in this area of law.

Biography and Experience

Served as Speaker/Panelist or Articles Written

14

Page 21: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Susan S. ErdelyiMarks Gray, P.A.1200 Riverplace Blvd., Suite 800Jacksonville, FL 32207Phone: (904) 398-0900Fax: (904) 399-8440Cell: (904) 631-2877Email: serdelyi@marks

gray.comwww.marksgray.com

• Alexander Sharp v. City of Palatka – Middle District of Florida. CASE NO.: 3:06-CV-200-J-TEM – Eight-day jurytrial in January 2008 – Employer verdict. Retaliation and discrimination claim.

• Ripley v. City of Lake City – Middle District of Florida. Case No.: 3:04-cv-01328-JHM-MCR – Judgment grantedfor employer as a matter of law on third day of trial. September 2006. Later affirmed on appeal.

• Paul Brown v. City of Jacksonville Beach – Duval County Florida – State Circuit Court Case No.: 94-01793-CATwo-day non-jury trial – March 1999 – Judgment for Employer. Pension and breach of contract issue. Lateraffirmed on appeal.

Representative Trials

Marks Gray, P.A. FLORIDA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Texas Tech University, B.S., with honors, 1979

• Florida State University, J.D., 1986

Education

• Florida Association of County’s Trust (FACT) Seminar (August 21, 2008) “Employment Law Primer” (Speaker)

• Florida Municipal Attorney’s Association (FMAA) (July 2007) “Nuts and Bolts of Civil Rights” (Speaker)

• Florida Defense Lawyer’s Association (FDLA) (June 5, 2001) Sexual Harassment Case law update (Speaker)

• Sexual Harassment – Spoke on Local radio station during morning traffic in Jacksonville, Florida, taking livecalls (Spring 1996)

• American Law Firm Association (ALFA International) Drafted Florida Section of Compendium of SignificantEmployment-Related Case Law and Statutes and Violence in the Workplace (1997)

Representative Seminars

Susan Erdelyi focus of practice is in employment and civil rights. Ms. Erdelyi represents public entities, includ-ing municipalities and counties. She also represents private employers and employees, on a selective basis.

Ms. Erdelyi has over 22 years experience in trying employment law and civil rights cases to juries. Ms. Erdelyienjoys handling EEOC matters and DOL investigations. She frequently assists clients in preventative employ-ment matters such as assisting with setting policies, advising clients on discipline matters & terminations.

Ms. Erdelyi has litigated claims for wrongful termination, disability, age, race and gender discrimination, sex-ual harassment, wage and hour, whistle blower, First Amendment discrimination, due process, unpaid wagesand other employment and civil rights issues.

Biography and Experience

Served as Speaker/Panelist or Articles Written

15

Page 22: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Kurt M. SpenglerWicker Smith O’Hara McCoy

and Ford, P.A.390 N. Orange Ave. Ste 1000Orlando, FL 32801Phone: (407) 317-2186Fax: (407) 649-8118Cell: (407) 493-4711Email: Kspengler@wicker

smith.comwww.wickersmith.com

EEOC v. Charter Hospital – Mr. Spengler represented a national provider of mental health services in a case in-volving alleged National Origin discrimination. The EEOC accepted the case and acted as counsel for theclaimant. The case was tried to a defense verdict in the United States District Court for the Middle District ofFlorida.

Theofilus v. Taco Bell Corporation – Mr. Spengler represented a national restaurant chain with regard to a law-suit brought by a former store manager claiming sex discrimination based on gender non-conformity. The casewas resolved for a modest settlement after plaintiff significantly dropped her demand shortly before trial.

Cook v. Woodlawn Memorial – Mr. Spengler represented a national funeral home company in a FMLA claim inFederal Court.

Representative Trials

Wicker, Smith, O’Hara, McCoy & Ford, P.A.

ADA MattersAge DiscriminationCivil Rights MattersEEOC and DFEH MediationsHostile Work Environment

National Origin DiscriminationRace DiscriminationReligious DiscriminationRetaliationSex/Gender Discrimination

Sexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• American Board of Trial Advocates

• Florida Trend Legal Elite

• Florida Superlawyers

Honors and Awards

• 1984 University of Florida – BS in Accounting

• 1987 University of Florida – Jurisdoctor

Education

Kurt Spengler has handled employment law matters for more than 15 years. He has experience litigating em-ployment cases in state and federal courts. This experience includes initial investigation and submission to theEEOC, all phases of discovery, mediation, and trial. Areas of expertise include all aspects of discriminationclaims, ADA claims, FMLA claims, and claims of wrongful termination and wage and hour litigation.

Biography and Experience

16

FLORIDA

Page 23: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Heather L. SaumHall, Booth, Smith &

Slover, P.C.1180 W. Peachtree Street, NWSuite 900Atlanta, GA 30309Phone: (404) 954-6966Fax: (678) 539-1613Cell: (601) 672-4258Email: [email protected]

Ms. Saum and her colleagues successfully defended a large university which had been sued for retaliation afteran employee filed a sexual harassment claim.

Representative Trials

Hall, Booth, Smith & Slover, P.C. GEORGIA

Civil Rights MattersEmployment Policy and

Procedure ManualsEmployment Risk Realities

SeminarHostile Work Environment

Investigation of EmployeeComplaints Seminar

National Origin DiscriminationRace DiscriminationReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mississippi State University, B.A. Communication, 1995

• University of Mississippi School of Law, J.D., 1998

Education

• Investigations – What every HR Director Needs to Know

Representative Seminars

Heather Saum has practiced in the Employment Law area for four years. She has handled employment litiga-tion matters in both Federal and State Courts. She advises clients in the areas of employment investigations, hos-tile work environment and sexual harassment, national origin discrimination, race discrimination, and FLSAmatters.

Biography and Experience

Served as Speaker/Panelist or Articles Written

17

Page 24: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Richard N. SheinisHall, Booth, Smith &

Slover, P.C.1180 W. Peachtree Street, NWSuite 900Atlanta, GA 30309Phone: (404) 954-6954Fax: (678) 954-5020Cell: (678) 770-4275Email: [email protected]

Hall, Booth, Smith & Slover, P.C. GEORGIA

Civil Rights MattersEmployment Policy and

Procedure ManualsEmployment Risk Realities

Seminar

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReligious DiscriminationRetaliation

Sex/Gender DiscriminationWrongful Termination

Areas of Experience

• State University of New York at Binghamton, B.S. Political Science, 1980

• Duke University School of Law, J.D., 1983

Education

• 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 EmploymentDiscrimination when Residents or their Visitors Harass the Staff?

• It’s Part of my Religion: Employer Rights and Responsibilities to Accommodate Employee Religious Beliefs

Representative Seminars

Rich Sheinis has practiced in the Employment Law area for the past two years. He has experience litigating mat-ters such as trans-gender discrimination, national origin discrimination, and religious discrimination. He ad-vises clients regarding Federal and State employment law matters including civil rights matters, Title VIIdiscrimination matters, and the Family and Medical Leave Act.

Biography and Experience

Served as Speaker/Panelist or Articles Written

18

Page 25: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Carolyn K. GugelykGoodsill Anderson Quinn &

Stifel LLP1099 Alakea Street, Suite 1800 Honolulu, HI 96813Phone: (808) 547-5834Fax: (808) 547-5880Email: [email protected]

Tran v. Ben Bridge Jeweler, Inc. – Ms. Gugelyk represented a national retailer against claims of disability dis-crimination. After jury trial, judgment was entered in the retailer’s favor.

Francisco v. Sheraton Waikiki Hotel – Ms. Gugelyk represented a hotel against claims of sexual harassment. Aftera jury trial, the jury was unable to come to a final decision, resulting in a mistrial. The defense team successfullyprevented any judgment from being entered against the hotel.

Representative Trials

Goodsill Anderson Quinn & Stifel LLP

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Ms. Gugelyk was recognized as a knowledgeable, responsive, and effective attorney in Chambers and Partners’Chambers USA Clients’ Guide for 2007 and 2008.

Honors and Awards

• University of Hawaii, B.A. English, 1989

• UCLA School of Law, J.D., 1993

Education

• “FMLA Military Leave Changes,” January and February 2009, Hawaii Employers Council

• “Privacy in the Electronic Workplace,” 2005, Society for Human Resource Management, Hawaii Chapter

• “New Decision on Hawaii’s Arrest & Court Record Discrimination Law: What Does It Mean for Employers?,”Pacific Business News/HSBA Special Supplement, October 27, 2006.

Representative Seminars

Carolyn K. Gugelyk has practiced in the employment law area since 1994. She represents and advises employ-ers on labor and employment matters. She has handled employment discrimination and wrongful terminationlitigation, 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 employmentagreements, policies, and manuals.

Biography and Experience

Served as Speaker/Panelist or Articles Written

19

HAWAII

Page 26: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Barbara A. PetrusGoodsill Anderson Quinn &

Stifel LLP1099 Alakea Street, Suite 1800 Honolulu, HI 96813Phone: (808) 547-5792Fax: (808) 547-5880Email: [email protected]

Douglass v. Pflueger Hawaii, Inc. – Ms. Petrus was lead counsel representing a car dealer against claims of sex-ual 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 sexualharassment. After a jury trial, the jury was unable to come to a final decision, resulting in a mistrial. The defenseteam successfully prevented any judgment from being entered against the hotel.

Representative Trials

Goodsill Anderson Quinn & Stifel LLP

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Ms. Petrus was recognized as an established employment litigator in Chambers and Partners’ Chambers USAClients’ Guide for 2007 and 2008.

• Ms. Petrus was recognized in The Best Lawyers in America in 2007.

Honors and Awards

• Russell Sage College, B.A. (cum laude) 1978

• Albany Law School of Union University, J.D. (cum laude) 1982

Education

• “Hawaii Workforces in a Slowing Economy,” Hawaii Food Manufacturing Association, February 11, 2009

• “Managing Employee Leave and Absenteeism,” Hawaii Employers Council, September 26, 2008

Representative Seminars

Barbara A. Petrus has extensive experience in the practice of labor and employment law in Hawaii since 1982.She regularly advises and defends a wide range of employers from sole proprietorships and non-profit organi-zations to large Hawaii and international corporations. Ms. Petrus represents management in all aspects oflabor and employment law, including jury trials, Equal Employment Opportunity Commission proceedings,management training, drafting employment policies and procedures, and representing and advising manage-ment regarding labor relations issues such as labor grievances and arbitrations, unfair labor practices, union or-ganizing campaigns and collective bargaining negotiations.

Biography and Experience

Served as Speaker/Panelist or Articles Written

20

HAWAII

Page 27: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Jill A. CheskesSmithAmundsen LLC150 North Michigan AvenueSuite 3300Chicago, IL 60601Phone: (312) 894.3367Fax: (312) 894.3210Email: [email protected]

LaToya Robbins v. Catholic Bishop of Chicago – Claim against a Catholic grade school for negligent and willfuland wanton hiring, retention and supervision of an alleged volunteer coach. Plaintiff alleged the volunteercoach sexually assaulted her at his home on a Saturday. Agency was denied by the Catholic Bishop. After dis-covery, summary judgment was granted on all counts for the Catholic Bishop finding a lack of an agency andemployment relationship.

Jennifer Hardy v. Julie Corless – A claim brought by a former employee against her former supervisor allegingbreach of contract, tortious interference with contractual relations, and tortious interference with economicexpectancy, 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 relationshipand the at-will relationship would not provide economic expectancy for future employment.

Creighton Gsell v. Estes Trucking – Wrongful termination action brought by employee against trucking companyrelated to a failed drug test. Case was removed to federal court and then dismissed with prejudice finding thatIllinois law and the at-will doctrine did not support a “wrongful termination” claim absent allegations of retal-iatory discharge.

Representative Trials

SmithAmundsen LLC ILLINOIS

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• University of Illinois, B.A., 1993

• University of Notre Dame Law School, J.D., 1996

Education

• Co-author, “The Expanding Americans With Disabilities Act: Will the ADA Amendments Act of 2008 Create aLitigation Surge?,” USLAW Magazine, Spring/Summer 2009.

• Speaker, “Using the Ellerth/Farragher Defense When an Employee Complains About Harassment,” Spring2008 USLAW NETWORK Client Conference, Miami, FL, April 2008.

• Panelist, “Freedom of Expression in theWorkplace: When Dress Code, Religion, Gender and Work Collide,” Fall2007 USLAW Netwok Membership Meeting and Client Conference, Washington D.C., October 2007.

• Speaker, “The “New” Legal Landscape for HR Professionals – A 2007 Report,” Assurance Agency, September26, 2007.

• Lecturer and Author, “The Tribe Has Spoken: Recent Developments in Labor and Employment Law,” USLAWNetwork Employment Group Seminar, January 2005.

Representative Seminars

Jill Cheskes is a partner in the Chicago office of SmithAmundsen. Her primary area of practice is employment lit-igation. Ms. Cheskes is experienced in a wide variety of employment-related cases, including those involvingclaims alleging violations of Title VII, the ADEA, the ADA, the FMLA, the FLSA, the Equal Pay Act and variousequivalent state and local statutes, as well as disputes concerning employment agreements and various employ-ment-based tort claims. She represents corporate clients on a national level before the EEOC and equivalent stateagencies and in state and federal courts. Ms. Cheskes has tried multiple cases to verdict and has been very suc-cessful in resolving employment disputes using alternative dispute resolution. In addition to litigating employ-ment disputes, she also counsels her clients on sound employment practices and policies for their businesses.

Biography and Experience

Served as Speaker/Panelist or Articles Written

21

Page 28: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Rebecca L. DobbsSmithAmundsen LLC3815 E. Main Street, Suite A-1St. Charles. IL 60174Phone: (630) 587-7928Fax: (630) 587-7960Cell: (815) 690-4594Email: [email protected]

SmithAmundsen LLC ILLINOIS

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Received Juris Doctor Degree from Northern Illinois University College of Law, magna cum laude; Certifiedas Professional in Human Resources from Society of Human Resource Management since 2002.

Honors and Awards

• Northern Illinois University, B.S. in Management with Human Resources emphasis; 2000

• Northern Illinois University College of Law, J.D. magna cum laude; 2006

Education

• Rebecca Dobbs has presented at notable speaking engagements for the following organizations: IllinoisChamber of Commerce, Kane County Bar Association, Lorman Education Services, Society of HumanResource Management, Valley Industrial Association, and the DuPage Association of Health Underwriters.

• Contributing Author, “Illinois Employment Legal Forms,” Illinois Chamber of Commerce, 2009; ContributingAuthor, “Model Employee Policies for Illinois Employers,” Illinois Chamber of Commerce, 2009; ContributingAuthor, “The Employment Law Handbook,” Illinois Chamber of Commerce 2007; Contributing Author, “LegalRights Manual,” Associated Builders and Contractors of Illinois, 2007; Presented and Co-Author, “MandatoryArbitration Agreements: The Good, The Bad, and The Ugly,” Midwest Academy of Legal Studies in Business 2005.

Representative Seminars

Rebecca Dobbs’ experience includes representing employers in various matters before the Equal EmploymentOpportunity Commission, Illinois Department of Human Rights, National Labor Relations Board, OccupationalSafety and Health Administration, United States Department of Labor, Illinois Department of Labor, and stateand federal courts; advising welfare and pension plan sponsors and fiduciaries in regards to compliance withERISA, COBRA, and the Internal Revenue Code; representing contributing employers in regards to audit disputesand litigation surrounding Multiemployer Pension and Welfare Plans; handling various employment and laborlaw matters, including discrimination and retaliation claims, wage and hour litigation and audits, and contractdisputes. From the inception of her legal career, the focus of Ms. Dobbs’ practice has been in the area of em-ployee benefit matters.

Biography and Experience

Served as Speaker/Panelist or Articles Written

22

Page 29: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Terry A. FoxSmithAmundsen LLC150 North Michigan AvenueSte. 3300Chicago, IL 60601Phone: (312) 894-3343Fax: (312) 894-3210Cell: (630) 373.5149Email: [email protected] www.salawus.com

Pilota, et al. v. Ciambrone, et al. – Complex civil rights/political retaliation case involving six plaintiffs, five de-fendants. Tried to verdict within 18 months from filing, resulting in verdict below seven figures, where Plaintiffs’pre-suit demand exceeded applicable insurance policy. Trial included one claim of sex discrimination as well,for which the jury returned a not guilty verdict.

Cottrell v. Evan Miller, et al. – race discrimination claim, disposed of through summary judgment in favor ofemployer.

L.H.Y.S. v. T. Scott – TRO and preliminary injunction obtained in favor of employer against employee’s post-ter-mination communications with workforce via email, cell phone and text messaging. Terminated employee sentemails through employer’s server after she was terminated that included defamatory statements against uppermanagement and other employees, including claims of cocaine use, preferential treatment due to alleged in-appropriate contacts, and theft by employees. Additionally, the terminated employee attempted to entice mem-bers of the workforce to inappropriate solicitations found on her Myspace page via text messages. Theimmediate injunctive relief stopped the inappropriate and awkward communications.

Representative Trials

SmithAmundsen LLC ILLINOIS

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• BA in Political Science with High Honors, Iowa State University – May 1985.

• Juris Doctorate with Honors, University of Iowa School of Law – June 1990.

Education

• “Illinois Trial Defense Counsel” – Betting the Company – Employment Law Seminar, November 16, 2007,Speaker with focus on Illinois employment discrimination law and procedures.

• “E-Discovery, Metadata, and ESI: “Rise of the Machines” or Another Day at the Office?” - Seminar given toHuman Resources Managers for Non-Profits in Chicagoland Area on July 19, 2007, emphasis on E-Discoveryin the context of employment claims.

• “Documentation of Performance Issues” – Seminar presented to HR Professionals at Lawrence Hall YouthServices, Chicago, May, 2006.

Representative Seminars

Terry Fox’s practice has involved both EEOC, Illinois Department of Human Rights, Illinois Commission onHuman Rights, Cook County and City of Chicago administrative claims, as well as extensive litigation in federalcourts in Illinois and Indiana. Mr. Fox has placed special emphasis on this area since 1995. He has representedfor-profit corporations, non-profit and governmental entities in claims ranging from A.D.E.A. to Section 1981,1983 and First Amendment issues. A significant portion of this practice involves advising and counseling em-ployers with ongoing and developing issues, before termination or other adverse action. The topic areas in-clude FMLA, FLSA audits, violence in the workplace, defamation, wage payment and collection, as well as thetraditional discrimination areas of ADA, Title VII (race, sexual harassment, religion, national origin, pregnancy),A.D.E.A., Illinois Human Rights Act, non-compete covenants, and severance programs.

Biography and Experience

Served as Speaker/Panelist or Articles Written

23

Page 30: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Julie A. ProsciaSmithAmundsen LLC3815 East Main Street Suite A-1St. Charles, IL 60174Phone: (630) 587-7911Fax: (630) 587-7961Email: [email protected]

IHRC – Age Discrimination in Employment Trial for failure to hire, zero liability assessed to client.

DuPage County Court-Non Competition Agreement/Non Solicitation trial zero liability assessed to client.

IDOL/Cook County Circuit Court – Day and Temporary Labor Services litigation zero liability assessed to client.

Representative Trials

SmithAmundsen LLC

Age DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• General Counsel and Board Member of the Greater Aurora Chamber of Commerce.

Honors and Awards

• Eastern Illinois University, B.A., cum laude

• Northern Illinois University College of Law, J.D., magna cum laude

• Eastern Illinois University, M.A., European History

Education

• Contributing Author, “Illinois Employment Legal Forms,” Illinois Chamber of Commerce,” Illinois Chamberof Commerce, 2009. Contributing Author, “Model Employee Policies for Illinois Employers,” Illinois Chamberof Commerce, 2009. Contributing Author “The Employment Law Handbook,” Illinois Chamber of Commerce,2007.

• Ms. Proscia has also had notable speaking engagements at the following organizations: Illinois Chamber ofCommerce; Greater Aurora Chamber of Commerce, Kane County Bar Association; Lorman Education Services;SHRM; HRMA; and the Valley Industrial Association. She has presented on Wage and Hour issues, Reductionsin Force, Avoiding Unions and Discrimination Issues/Harassment Training amongst other topics.

Representative Seminars

Julie Proscia concentrates her practice in both employment litigation and traditional labor issues. She has ex-tensive experience representing employers in federal, state and administrative venues, including a trial practiceat the Illinois Human Rights Commission, National Labor Relations Board and Department of Labor. Her trialexperience ranges from discrimination and retaliation, non-competition/non-solicitation, wage and hour andunfair labor practices issues. Ms. Proscia has litigated over 100 cases before the EEOC and IDHR.

Biography and Experience

Served as Speaker/Panelist or Articles Written

24

ILLINOIS

Page 31: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Jeffrey A. RischSmithAmundsen LLC150 North Michigan AvenueSuite 3300Chicago, IL 60601Phone: (312) 894.3302Fax: (312) 894.3210Cell: (630) 587.7922Email: [email protected]

Reader’s Digest – Books Are Fun v. New Jersey Department of Labor

Sustaita v. West Suburban Bank

Chicago Messenger Service v. Illinois Department of Employment Security

Four Boys Labor Service v. Illinois Department of Employment Security

Hossack v. Floor Covering Associates, Inc.

Representative Trials

SmithAmundsen LLC ILLINOIS

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• Service Recognition Award 2007 – Associated Builders & Contractors of Illinois

• Outstanding Speaker Award 2004, 2005, 2006 – Lorman Education Services

Honors and Awards

• BS, Illinois State University, 1994

• JD, University of Tulsa, 1998

Education

• Editor-in-Chief and Lead Author, “Illinois Employment Forms,” Illinois Chamber of Commerce, 2009.

• Editor-in-Chief and Lead Author, “Model Employee Policies for Illinois Employers,” Illinois Chamber ofCommerce, 2009.

• Co-author, “The Illinois Drug Free Workplace Program Handbook,” Illinois Chamber of Commerce, 2008.

• Editor-in-Chief and Lead Author, “The Employment Law Handbook,” Illinois Chamber of Commerce, 2007.

• Editor-in-Chief and Lead Author, “Legal Rights Manual,” ABC of Illinois, 2007.

• Co-author, “Conducting the Employment Practices Audit-Supplement,” IICLE, 2007.

• Co-author, “Conducting the Employment Practices Audit,” IICLE, 2004.

• Mr. Risch has also had notable speaking engagements at the following organizations: Illinois Chamber ofCommerce; Kane County Bar Association; Lorman Education Services; Illinois Institute of Continuing LegalEducation; Associated Builders and Contractors; Midwest Truckers Association; SHRM; HRMA; and ValleyIndustrial Association.

Representative Seminars

Concentrating in Management-Side Labor & Employment matters since 1998. Successfully litigated over 1,000employment and labor law cases in state and federal courts as well as representing employers before local, state,and federal administrative agencies throughout the United States. Practice concentrated on representing em-ployers in employment discrimination and retaliation claims as well as matters involving employee wage andhour claims. He also represents clients in litigation involving unfair labor practices, the FMLA, ERISA, the ADA,OSHA matters, contract disputes (with a particular emphasis on non-compete agreements), independent con-tractor, and contingent workforce issues. Obtained substantial experience in various areas of employment lawand traditional labor law as Director of Legal Affairs for a leading industrial equipment distributor and serviceprovider, with multiple locations throughout the Midwest. Currently serves as Chapter Labor Attorney for theAssociated Builders & Contractors of Illinois, and also serves as the Chairperson for the Illinois Chamber ofCommerce’s Employment Law & Litigation Committee.

Biography and Experience

Served as Speaker/Panelist or Articles Written

25

Page 32: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Larry R. SmithSmithAmundsen LLC150 North Michigan AvenueSuite 3300Chicago, IL 60601Phone: (312) 894-3254Fax: (312) 894-3210Cell: (312) 590-0041Email: [email protected]

Sieberlich Micchael vs. St. Joseph Home – Received not guilty verdict in employment matter.

Duran v. Town of Cicero – False arrest/civil rights violation.

Representative Trials

SmithAmundsen LLC ILLINOIS

Age DiscriminationCivil Rights MattersEEOC and DFEH MediationsHostile Work Environment

Investigation of EmployeeComplaints Seminar

Race DiscriminationRetaliation

Sexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Leading Lawyer for Employment Law in Illinois

• Illinois Super Lawyers 2005-2009, Employment Law

Honors and Awards

• The College of Holy Cross, B.A., 1970, cum laude

• University of Michigan Law School, J.D., 1973

Education

• Presenter, “Legal Aspects of the Pre-Employment Medical Examination Process,” Churchill Casualty Ltd. RiskControl & Claims Management Seminar, September 2006.

• Presenter, “Diversity Issues at Trial,” 2006 USLAW Fall Seminar, September 2006.

• Lecturer, “Setting the Right Course Through the Employment and Law Minefield,” seminar for Fortune 500Companies, April 2004.

• Presenter, “Avoiding Employment Litigation Through Arbitration: Arbitrating Workplace Disputes After CircuitCity and Waffle House,” USLAW employment law presentation, March 2002.

Lecturer, “Employment Litigation Update,” Lloyds Training Center, London, England, May 2001.

Representative Seminars

Larry Smith is a founding partner of SmithAmundsen, an Executive Committee member emeritus (1997-2007),and Co-chair of the firm’s Labor & Employment Practice Group. Mr. Smith is experienced at alternative disputeresolution including mediation and arbitration, case monitoring, case evaluation, and trial litigation, havingtried over 120 jury cases throughout his career. His experience covers many areas including product liability,transportation, aviation, employment, and commercial law. He is also an authority on the defense of traumaticbrain injury claims. His practice focuses on risk management consulting, case monitoring, mediation, and im-plementing successful trial strategies.

Biography and Experience

Served as Speaker/Panelist or Articles Written

26

Page 33: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Kevin J. VisserSimmons Perrine Moyer

Bergman P.L.C.115 Third Street SE, Suite 1200Cedar Rapids, IA 52401-1266Phone: (319) 366-7641Fax: (319) 366-1917Cell: (319) 573-6332Email: kvisser@simmons

perrine.comwww.simmonsperrine.com

Zimmerman v. McGraw-Hill, (N.D. Iowa 2007) (Defense verdict on multi-million dollar claim by executive in-volving stock purchase and employment claims.)

Kim v. Nash Finch, 123 F.3d 1046 (8th Cir. 1997) (Korean-American immigrant succeeds in retaliation and fail-ure to promote claims under 1991 Civil Rights Act against food wholesaler.)

Iverson v. Johnson Gas Appliance Co. (D. Minn. 2000) (Defense verdict on former manager’s claims of fraud andcontract breach.)

Representative Trials

Simmons, Perrine, Moyer & Bergman, P.L.C. IOWA

Age DiscriminationCivil Rights MattersCollective Bargaining EEOC and DFEH Mediations

Employment Policy andProcedure Manuals

Hostile Work EnvironmentNational Origin DiscriminationRace Discrimination

Reductions in ForceRetaliationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Iowa Academy of Trial Lawyers; Martindale “av” peer-rated; Chambers’ recognition.

Honors and Awards

• University of Central Missouri, B.A., B.S. in Economics, 1978

• University of Iowa College of Law, J.D. 1980

Education

• “Suspicion of Mendacity, Proving Employment Discrimination” – Federal Practice Seminar, ISBA (1995)

• “Beyond the Blue Pencil: Enforcement of Non-Competition Agreements” (2007)

• “Trade Secret Litigation” (1999, ISBA Trade Regulation Council)

Representative Seminars

Primary counsel in more than 225 pieces of federal litigation including nearly 20 8th Circuit decisions, repre-senting Plaintiffs and businesses; labor arbitration; class action experience.

Biography and Experience

Served as Speaker/Panelist or Articles Written

27

Page 34: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Thomas D. WolleSimmons Perrine Moyer &

Bergman115 3rd Street SE Suite 1200Cedar Rapids, IA 52411Phone: (319) 366-7641Fax: (319) 366-1917Email: twolle@simmons

perrine.comwww.simmonsperrine.com

In 2007 Mr. Wolle successfully defended a claim of disability discrimination in a case brought by a truck driverwho alleged he was not hired because of a disability (a severe limp brought on by a childhood illness) that ren-dered him unable to climb into the trailer without use of an assistive device. At trial in San Bernardino County,California, Plaintiff used expert witnesses including a Human Resources consultant and a clinical psychologist.He sought over $1,000,000 in damages. Following a two-week trial the jury awarded $12,520 — an amount thatwas less than each of three Offers of Judgment served by Defendant during the course of the litigation.

Mr. Wolle’s trial successes also include a state court case involving allegations of age and disability discrimina-tion that resulted in a directed verdict following three days of testimony; and a business competition casebrought by a distributor of products against a competing distributor and its employee, a former lead salesmanof the Plaintiff. Plaintiff’s claims of intentional interference with contractual relations and misappropriation oftrade secrets were rejected by the jury.

Representative Trials

Simmons, Perrine, Moyer & Bergman, P.L.C. IOWA

ADA MattersAge DiscriminationCollective Bargaining EEOC and DFEH MediationsEmployment Policy and

Procedure ManualsHostile Work Environment

Investigation of EmployeeComplaints Seminar

National Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Named one of Iowa’s “Super Lawyers” in the December 2008 edition of Super Lawyers, Corporate CounselEdition.

Honors and Awards

• B.A., 1988, Luther College, Decorah, Iowa.

• J.D., 1992, University of Iowa College of Law, Iowa City, Iowa.

Education

Mr. Wolle has focused his practice on employment and labor related matters since beginning his legal career in1992. He has tried numerous cases to juries and judges, and has handled multiple appeals in both state andfederal court. His litigation and jury trial experience includes cases involving race discrimination, national ori-gin discrimination, disability discrimination, age discrimination, sex discrimination, sexual harassment, andalso cases involving various wrongful termination claims, the FMLA, non-compete/unfair competition, drugtesting, and contract-based claims. Mr. Wolle’s labor law practice has included handling the trial and appeal ofcases pending before the NLRB, enforcement proceedings of orders of the NLRB, labor arbitrations, and col-lective bargaining.

Biography and Experience

28

Page 35: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Elizabeth G. StouderRichardson, Whitman,

Large & Badger465 Congress StreetPortland, ME 04105Phone: (207) 774-7474 ext 5718Fax: (207) 774-1343Email: [email protected]

Chancey and Coombs v. GM, Ford, Chrysler and 59 Car Dealerships (Maine) Maine Human Rights Commission PA07-0554- PA 07-0618Represented 33 car dealers on claims before the Maine Human Rights Commission on claims that dealers andmanufacturers unlawfully discriminated against Canadian citizens in not permitting sales of new cars fromU.S. dealerships. Commission finding of no unlawful discrimination.

Goss v. Care & ComfortMaine Human Rights Commission E05-0389Successful representation of employer care provider in claim of wrongful termination and discrimination basedon claimed disabilities of employee. Commission finding of no unlawful discrimination.

Representative Trials

Richardson, Whitman, Large & Badger MAINE

ADA MattersAge DiscriminationCivil Rights Matters

Hostile Work EnvironmentRace DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentWrongful Termination

Areas of Experience

• Middlebury College, B.A. Political Science, 1975

• Temple University School of Law, J.D. 1984

Education

Attorney Stouder has represented many employers before the Maine Human Rights Commission regardingclaims of age, disability and gender discrimination, as well as various types of harassment claims.

Biography and Experience

29

Page 36: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Albert B. Randall, Jr.Franklin & Prokopik2 N. Charles Street, Suite 600Baltimore, MD 21201Phone: (410) 230-3622Fax: (410) 752-6868Cell: (410) 961-3786Email: [email protected]

Babwah v. Henry’s Wrecker Service – Represented a motor carrier who had been sued for wage and hour viola-tions. Specifically, the employee alleged a failure to pay overtime. Relying upon the motor carrier exemption tothe 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, ma-licious prosecution, battery, assault and intentional infliction of emotional distress, among other counts, by aformer employee. Plaintiff alleged these causes of actions after he had been charged with theft. After detaileddiscovery 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 em-ployment. After a three day jury trial, Mr. Randall successfully moved to strike Plaintiff’s key medical expert andsubsequently obtained a directed verdict in favor of his client.

Representative Trials

Franklin & Prokopik, PC

ADA MattersAge DiscriminationAlternative Dispute ResolutionCivil Rights MattersCollective Bargaining Employment ContractsEmployment Law Training for

Managers/EmployeesEmployment Policy and

Procedure Manuals

Employment Practices LiabilityInsurance

Equal Pay Act MattersFMLA IssuesHostile Work EnvironmentLabor ArbitrationsNational Origin DiscriminationNon-Competes and Restrictive

CovenantsOccupational Safety & HealthRace Discrimination

Reductions in ForceReligious DiscriminationRetaliationSex/Gender DiscriminationSexual Harassment InvestigationsSexual Harassment TrainingWage & Hour ClaimsWorkers’ CompensationWorkplace ViolenceWrongful Termination

Areas of Experience

• Served as the USLAW Network, Inc. Employment and Labor Law Practice Group Chair in 2006-07.

• Testified numerous times in behalf of the Maryland Chamber of Commerce before the Maryland Legislatureon a variety of employment legislation.

• Member of the editorial team of Council on Education and Management, one of the nation’s leaders in humanresources training.

Honors and Awards

• University of Maryland, BS Business, 1991

• University of Baltimore School of Law, JD (cum laude), 1995

Education

• Preparing For The Employee Free Choice Act presented to National Tank Truck Carriers (2009).

• What To Do When Faced With Permanent Restrictions presented to SEAK, Inc. (2008).

• OSHA Updates and Recordkeeping Issues presented to Maryland Motor Truck Association (2008).

• Utilizing Non-Competes and Restrictive Covenants to Protect Your Proprietary Information presented toMaryland Ready Mix Concrete Association (2007).

• A regular contributor to Council on Education in Management’s National HR Spotlight Newsletter.

Representative Seminars

Bert Randall concentrates his practice in the defense of employers in labor and employment matters in state andfederal courts and before state and federal administrative agencies, including, but not limited to: U.S. EEOCand State and Local FEP agencies, Department of Labor, DLLR, MOSH/OSHA, NLRB, and Office ofAdministrative 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 andhealth, workers’ compensation and retaliation claims. He also represents employers in collective bargainingand in labor arbitrations on matters such as contract interpretation and discharge issues. In addition to his ac-tive trial practice, Mr. Randall places an emphasis on counseling employers in effective employment policy for-mation and training in order to avoid cost and litigation.

Biography and Experience

Served as Speaker/Panelist or Articles Written

30

MARYLAND

Page 37: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Pamela E. BermanAdler Pollock & Sheehan, P.C.175 Federal StreetBoston, MA 02110Phone: (617) 603-0552Fax: (617) 482-0604Cell: (617) 429-5563Email: [email protected]

U.S. v. Shearson Lehman Brothers – Ms. Berman defended Shearson in a federal criminal money launderingcase, obtaining an acquittal after a six week jury trial.

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Bonheur – Ms. Berman represented Merrill Lynch obtaining a tem-porary restraining order, then a preliminary injunction, after a hearing fully enforcing the provisions of a non-solicitation agreement.

Paragon Resources, Inc. v. Cesaro – Ms. Berman obtained a favorable judgment after trial for an energy limitedpartnership defeating claims of fraud in a public offering.

Representative Trials

Adler Pollock & Sheehan P.C.

Age DiscriminationCivil Rights MattersHostile Work EnvironmentNational Origin Discrimination

Race DiscriminationReligious DiscriminationRetaliationSex/Gender Discrimination

Sexual HarassmentWrongful Termination

Areas of Experience

• Women of Justice Award 2008

• Martindale-Hubbell AV Rating

• Massachusetts Super Lawyer 2004-2008

Honors and Awards

• Wells College, B.A. 1979

• Cornell Law School, J.D. 1982

Education

• Speaker, “Litigation Strategies for the Settlement or Negotiation of Non-Competition Employment Disputes,”Reed Logic Studios. November 2006

• Co-Author, More Than Part-Time – The Effect of Reduced Hours Arrangements on the Retention, Recruitment,and Success of Women Attorneys in Law Firms, published by the Women’s Bar Association of Massachusetts

Representative Seminars

Pamela Berman has practiced in the labor and litigation areas since 1982. She has extensive experience litigat-ing non-competition covenants in both state and federal courts. She has arbitrated and mediated employmentdisputes in many different fora over the past 25 years involving issues of discrimination, hostile work environ-ment, sexual harassment, pay disparity, retaliation, as well as other issues. Obtaining and defending against in-junctive relief is one of her specialties. She advises clients on matters ranging from non-competition covenantsto employment practices in an effort to guide them to avoid litigation where possible.

Biography and Experience

Served as Speaker/Panelist or Articles Written

31

MASSACHUSETTS

Page 38: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

David M. WilkLarson • King, LLP30 East Seventh StreetSuite 2800St. Paul, MN 55101Phone: (651) 651-6521Fax: (651) 312-6618Cell: (651) 210-9480Email: [email protected]

Schurmeier v. Nash Finch Company, United States District Court, Judge Frank presiding — Mr. Wilk representeda national food and retail distributor who had been sued for sex discrimination under Title VII and theMinnesota Human Rights Act. After a week-long trial, Mr. Wilk and his partner from Larson • King obtained adefense verdict for Nash Finch.

Alberts, et al. v. Nash Finch Company, United States District Court, Judge Schiltz presiding — Mr. Wilk repre-sented a national food and retail distributor who had been sued for violations of the WARN Act. After a week-long trial, Mr. Wilk and his partner from Larson • King obtained a defense verdict for Nash Finch.

Mr. Wilk has had numerous cases dismissed on summary judgment grounds prior to trial and a sample of thosereported decisions is available on Larson • King’s website at www.larsonking.com.

Representative Trials

Larson • King, LLP MINNESOTA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Hamline University, B.A., magna cum laude, 1988

• University of Minnesota School of Law, J.D., cum laude, 1991

Education

• Upper Midwest Employment Law Institute (speaker on Implementing a Reduction in Force), May 2009.

• MDLA 44th Annual Mid-Winter Conference (speaker on Best Practices in Reduction in Force), February 2009.

ª “RIF Risks and Strategies to Avoid Costly Layoff Litigation” (co-authored with Yvonne Shorts and MelissaWeldon), USLAW Magazine, Fall/Winter 2008.

• The Reduction-In-Force Desk Reference (co-authored with Yvonne Shorts and Melissa Weldon), 2008.

Representative Seminars

David Wilk, a partner with Larson • King, focuses his practice on employment litigation and counseling.Throughout his 15 years in the employment area, he has successfully litigated numerous sex, race, age and dis-ability discrimination cases. Mr. Wilk has litigated employment cases in state and federal courts, including ap-pellate courts. Mr. Wilk has also handled matters before the EEOC and other agencies, and he also has extensiveexperience counseling employers on reductions-in-force, harassment investigations, violence in the workplaceand other human relations matters. Prior to joining Larson • King, he served as in-house counsel for aMinnesota-based high tech company and was a partner at Oppenheimer Wolff & Donnelly LLP.

Biography and Experience

Served as Speaker/Panelist or Articles Written

32

Page 39: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

J. Leray McNamaraCopeland Cook Taylor &

Bush, P.A.P. O. Box 6020Ridgeland, MS 39158Phone: (601) 427-1201Fax: (601) 856-7626Cell: (601) 594-0997Email: [email protected]

Bradford v. Sears Roebuck & Co. was a suit brought on behalf of all minority employees of the company in theState. Class relief was denied.

Raney v. Delta Brick & Tile – jury verdict in wrongful termination case.

Payne v. Crane Co. – successful summary judgment offered by Fifth Circuit Court of Appeals.

Representative Trials

Copeland, Cook, Taylor & Bush, P.A. MISSISSIPPI

ADA MattersAge DiscriminationCivil Rights MattersEEOC and DFEH Mediations

Employment Policy andProcedure Manuals

Hostile Work EnvironmentRace DiscriminationReductions in Force

RetaliationSex/Gender DiscriminationSexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• University of Mississippi 1969, B.A.

• University of Mississippi 1975, J.D.

Education

• Element of Proof in Age Discrimination Litigation –Nashville ABA Labor & Employment Section

Representative Seminars

Ray McNamara has practiced employment law since 1975. He has represented a national retailer in a statewideclass action, handled discrimination cases of all types, wage and hour claims, trade secrets and non-competi-tion and harassment suits.

Biography and Experience

Served as Speaker/Panelist or Articles Written

33

Page 40: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

James C. HetlageLashly & Baer, P.C.714 Locust StreetSt. Louis, MO 63101Phone: (314) 621-2939Fax: (314) 621-6844Cell: (314) 452-8139Email: jhetlage@lashly

baer.comwww.lashlybaer.com

Wilma Warren v. Board of Education of the City of St. Louis, United States District Court, Eastern District ofMissouri – Defendant’s verdict in Fourth Amendment drug testing Federal Court jury trial.

Cross v. Board of Education, 223 F.3d. 867 (8th Cir. 2000) – 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 Education of the City of St. Louis, 25 S.W.3d 689 (Mo. App. E.D. 2000) – prevailed at trial courtand on appeal on First Amendment freedom of speech employment lawsuit.

Representative Trials

Lashly & Baer, P.C.

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Missouri & Kansas Super Lawyers, Employment Law, 2005

Honors and Awards

• B.A. English Literature 1986, Kenyon College

• J.D. 1989, Washington University

Education

• “Employment Laws for Missouri School Districts,” Missouri Association of School Business OfficialsConference, April 2007

• “Selecting and Terminating Employees,” NBI Seminar, January 2003

• “Drug Testing of Private and Public Employees,” Human Resources Management Association of St. Louis,October 2002

• “Recent Developments in ADA and FMLA,” Hot Topics in School Law Seminar, Lorman, 2001

Representative Seminars

James Hetlage has represented employers for over 15 years in all aspects of employment discrimination, gen-eral employment and labor law issues. Mr. Hetlage has successfully defended employers in race, age, sex, anddisability discrimination cases as well as sexual and racial harassment cases. Mr. Hetlage also has experience inresolving employment and labor disputes through arbitration and mediation.

Mr. Hetlage takes an aggressive approach to defending employment cases, by thoroughly analyzing the facts ineach case and identifying means to win the case as swiftly as possible in order to save his clients both time andsubstantial legal fees. Mr. Hetlage has argued labor and employment matters before the Missouri SupremeCourt, the Federal courts, and the state trial courts in Missouri and Illinois. Through his active involvement inwell over 100 agency investigations at the EEOC and state human rights commission level, Mr. Hetlage is oftenable to avoid litigation for his employer clients.

Mr. Hetlage’s representation of employers includes consultation regarding hiring practices, ADA complianceissues, termination and disciplinary practices, 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 theFederal Circuit, the United States District Court for the Eastern District of Missouri, the Supreme Court ofMissouri and the Supreme Court of Illinois.

Biography and Experience

Served as Speaker/Panelist or Articles Written

34

MISSOURI

Page 41: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Gregory J. HatleyDavis, Hatley, Haffeman &

Tighe, P.C.P. O. Box 2103Great Falls, MT 59403-2103Phone: (406) 761-5243Fax: (406) 761-4126Cell: (406) 781-4646Email: greg.hatley@

dhhtlaw.comwww.dhhtlaw.com

Davis, Hatley, Haffeman & Tighe, P.C. MONTANA

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• B.A., Carroll College 1975

• J.D., Gonzaga University School of Law, 1980

Education

Greg Hatley has almost thirty years experience counseling and representing Montana employers in a wide va-riety 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 ben-efits, 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 whichhe serves as legal counsel. In addition, Mr. Hatley serves on the Board of Directors of Benefis Healthcare, thelargest hospital in Montana, in which role he is called upon for advice and guidance by the hospital’s seniormanagement on employment issues.

Biography and Experience

35

Page 42: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Kirk S. BlechaBaird Holm LLP1500 Woodmen Tower1700 Farnam StreetOmaha, NE 68102-2068Phone: (402) 636-8208Fax: (402) 344-0588Cell: (402) 312-6647Email: kblecha@baird

holm.comwww.bairdholm.com

Successfully defended large public employer in case brought by former employees alleging retaliation for thepurported exercise of first amendment rights. On summary judgment, Mr. Blecha convinced the court that thePlaintiffs’ alleged speech was not the reason for the termination.

Obtained arbitration award of over $1.6 billion in employment related stock option case. The seller of a businessmaintained that he was entitled to stock options because the contract for sale provided for options upon con-tinued employment with the buyer. The arbitrator ruled that claimant’s employment relationship continuedeven after the termination of the employment contract. The arbitration award was affirmed by the Nebraska fed-eral district court and the Eighth Circuit Court of Appeals.

Successfully represented a large hospital employer in workers’ compensation case in which Plaintiff soughtpenalties for non-payment of an award in a timely manner. The Nebraska Supreme Court ruled that penaltieswere not proper until the Appellate court issued its mandate, and not after the original award.

Representative Trials

Baird Holm LLP NEBRASKA

ADA MattersAge DiscriminationCivil Rights Matters

Employment Policy andProcedure Manuals

Hostile Work EnvironmentRace Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentWrongful Termination

Areas of Experience

• Mr. Blecha is a fellow in the American College of Trial Lawyers. He is listed in the Best Lawyers in America2008 (©2008 Woodward/White Inc.) for his work in Commercial Litigation. He is also listed in Chambers USA,America’s Leading Lawyers for Business (Chambers & Partners Publishing 2007-2008).

Honors and Awards

• University of Nebraska College of Law, J.D., with distinction, 1974 (order of the coif)

• University of Nebraska at Lincoln, B.A., 1970

Education

• Published article in 2008 in Nebraska Bar Association Journal on Appellate practice.

• Spoke at seminar in 2006 sponsored by Workers’ Compensation Section of Nebraska Bar Association. Thetopic was managed care.

Representative Seminars

Kirk S. Blecha has been practicing law for 35 years. He is currently a member of Baird Holm’s Litigation, Laborand Employment, and Appellate practice groups.

From 1974 to 1976 Mr. Blecha served as law clerk to the Honorable William C. Stuart, United States DistrictJudge for the Southern District of Iowa. He also served as law clerk to the Honorable Paul White, Chief Justice,Nebraska Supreme Court in 1973 and 1974.

Mr. Blecha’s labor and employment practice covers a wide variety of cases in state and federal courts. He has han-dled wrongful termination, covenant not to compete, breach of contract, disability discrimination, age discrimi-nation, first amendment retaliation, and workers’ compensation cases in courts throughout Nebraska and Iowa.

Biography and Experience

Served as Speaker/Panelist or Articles Written

36

Page 43: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Christopher R. HedicanBaird Holm LLP1500 Woodmen Tower1700 Farnam StreetOmaha, NE 68102-2068Phone: (402) 636-8311Fax: (402) 344-0588Email: chedican@baird

holm.comwww.bairdholm.com

Obtained substantial attorneys’ fee award for employer defendant in age discrimination case for plaintiff’s badfaith litigation.

As appellate counsel, obtained reversal of 1.4 million dollar breach of contract verdict against employer.

Obtained employer jury verdict in highly publicized retaliation and breach of public policy claim against na-tional retailer.

Representative Trials

Baird Holm LLP

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace Discrimination

Reductions in ForceReligious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Mr. Hedican is named in The Best Lawyers in America, Chambers USA and is “AV” rated by Martindale-Hubbell.

• Litigation Counsel of America

Honors and Awards

• Washington University in St. Louis School of Law, J.D., 1990

• John M. Olin Graduate School of Business of Washington University in St. Louis, MBA, 1990

• Creighton University, B.S., cum laude, 1986

Education

• Mr. Hedican was a presenter at the United States Equal Employment Opportunity Commission DenverDistrict Office Technical Assistance Program in 2001 and 2004.

• He is a regular presenter and emcee of the annual Baird Holm Labor & Employment Law Forum, which hostedits 21st Annual Forum in May 2009.

• Co-author of “The 1993 Amendments to the Federal Rules of Civil Procedure: Their Anticipated Impact onEmployment Litigation,” Vol. 28 No. 4 Creighton Law Review 997 (1995)

• Co-author of “McDonnell Douglas: Alive and Well!” Vol. 52 No. 3 Drake Law Review 383 (2004)

• Mr. Hedican is also a regular author for the Labor and Employment Law Update, a monthly newsletter writ-ten and published by the Labor, Employment and Employee Benefits Group at Baird Holm LLP.

Representative Seminars

Christopher R. Hedican leads the employment litigation practice for the firm’s Labor, Employment andEmployee Benefits Law Group, defending all types of employment claims, including discrimination, wrongfultermination, retaliation, employment torts and public policy claims. He also handles non-compete, fiduciaryand ERISA litigation. He regularly defends cases in state and federal courts for firm clients throughout the coun-try, but particularly in the Midwest. Mr. Hedican is named in The Best Lawyers in America, Chambers USA andis “AV” rated by Martindale-Hubbell.

Mr. Hedican has been practicing law for 19 years. He graduated from Washington University in St. Louis Schoolof Law in 1990. He was conferred a Master’s of Business Administration from the John M. Olin Graduate Schoolof Business of Washington University in St. Louis in 1990. He also received a Bachelor of Science degree, cumlaude, from Creighton University in 1986.

Biography and Experience

Served as Speaker/Panelist or Articles Written

37

NEBRASKA

Page 44: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Lindsay K. LundholmBaird Holm LLP1500 Woodmen Tower1700 Farnam StreetOmaha, NE 68102-2068Phone: (402) 636-8240Fax: (402) 344-0588Email: llundholm@baird

holm.comwww.bairdholm.com

Representation of interests of school districts and nonprofit entities in breach of contract, discrimination andtort actions.

Defense of employers before the Nebraska Workers’ Compensation Court.

Strategic advocacy in complex employment discrimination and other discrimination actions.

Obtained arbitration award defeating $1 million claim of independent contractor against business

Representative Trials

Baird Holm LLP

Age DiscriminationCivil Rights MattersHostile Work Environment

Race DiscriminationRetaliation

Sex/Gender DiscriminationSexual Harassment

Areas of Experience

• Ms. Lundholm is a 2007 recipient of the Omaha Jaycee’s Ten Outstanding Young Omahans Award.

Honors and Awards

• International Association of Defense Counsel Trial Academy, Stanford University, 2004

• University of Iowa College of Law, J.D., 2001

• University of Kansas, B.A., History and Psychology, 1998

Education

• Ms. Lundholm is a frequent presenter at the Baird Holm Labor & Employment Law Forum. The Forum is thelargest employment law seminar in the region and is in its 21st year.

• Ms. Lundholm is a frequent author for the Labor & Employment Law Update, a monthly newsletter writtenand 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 theNebraska Lawyer entitled “Can Your Employees Bring Guns to Work?”

• Ms. Lundholm recently addressed the Human Resources Association of the Midlands about developments inNebraska’s Workers’ Compensation Law.

Representative Seminars

Lindsay Lundholm is a member of the Firm’s Litigation Section and Labor and Employment Practice Group.She has been practicing law for eight years and represents a variety of public, private, and nonprofit entities incomplex discrimination, tort, and contractual disputes. Before joining the Firm, Ms. Lundholm served as a lawclerk to the Honorable William Jay Riley of the United States Court of Appeals for the Eighth Circuit. Ms.Lundholm is a 2007 recipient of the Omaha Jaycee’s Ten Outstanding Young Omahans Award.

Biography and Experience

Served as Speaker/Panelist or Articles Written

38

NEBRASKA

Page 45: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

R.J. (Randy) StevensonBaird Holm LLP1500 Woodmen Tower1700 Farnam StreetOmaha, NE 68102-2068Phone: (402) 636-8226Fax: (402) 344-0588Cell: (402) 681-5887Email: rstevenson@baird

holm.comwww.bairdholm.com

Litigation limited to NLRB litigation, labor arbitrations under collective bargaining agreements, and OSHA de-fense 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)

Representative Trials

Baird Holm LLP NEBRASKA

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• 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)

Honors and Awards

• J.D. 1985, University of Nebraska College of Law.

• B.S.B.A. 1982, University of Nebraska at Omaha.

Education

• Speaker on labor and employment law topics at approximately 200 seminars. Audiences have included at-torneys, human resource professionals, trade association members, and professional organization members.

Representative Seminars

Partner and Chair of the Firm’s Labor, Employment, and Employee Benefits Law Group.

24 years in practice representing private and public employers exclusively concerning employment counselingand 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. FormerAdjunct Faculty member at Creighton University School of Law.

Named in: Best Lawyers in America (Labor and Employment); Chambers USA (Labor and Employment); andGreat Plains Super Lawyers (Labor and Employment). “AV” rated by Martindale-Hubbell.

Admitted in Nebraska and Iowa.

Biography and Experience

Served as Speaker/Panelist or Articles Written

39

Page 46: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Beth A. DeragonGallagher, Callahan & GartrellBox 1415Concord, NH 03302-1415Phone: (603) 545-3657Fax: (603) 224-7588Cell: (603) 856-5813Email: [email protected]

L’Etoile v. New England Finish Systems, Inc.: USDC DNH; Co-counsel in case representing female constructionworker (plaintiff ) alleging hostile work environment, gender discrimination and retaliation. Jury verdict forplaintiff on hostile work environment claim – $200,000 in compensatory damages and $200,000 in punitivedamages.

Representative Trials

Gallagher, Callahan & Gartrell NEW HAMPSHIRE

ADA MattersAge DiscriminationAnti-Discrimination TrainingCivil Rights MattersConsultations/Risk Analysis

Employment Policy andProcedure Manuals

Hostile Work EnvironmentNational Origin DiscriminationRace Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• 2005 (JD) Franklin Pierce Law Center, Concord NH

• 1993 (MA) University of Birmingham, UK – Russian language and literature

• 1990 (BA) University of New Hampshire – Russian language and literature

Education

• Speaker at NH Chamber of Commerce on ARRA – COBRA Subsidy.

• Speaker/Panelist at Community Banking Seminar - on executive compensation packages.

• Speaker/Panelist on “Electronic Harassment and Related Liabilities: Identifying and Managing Risks Arisingfrom Technology in the Workplace.”

Representative Seminars

After spending three and a half years representing plaintiffs in discrimination matters, Beth A. Deragon cur-rently represents business clients on a variety of employment issues. Those issues range from hiring, discipline,termination, discrimination, sexual harassment, wage and hour and immigration matters to representing busi-nesses and municipalities in employment litigation. She represents clients before the New HampshireCommission for Human Rights, New Hampshire Department of Labor, U.S. District Court, and the U.S.Immigration Court, Boston.

Biography and Experience

Served as Speaker/Panelist or Articles Written

40

Page 47: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

John K. BennettConnell Foley LLP85 Livingston AvenueRoseland, NJ 07068Phone: (973) 535-0500Fax: (973) 535-9217Email: jbennett@

connellfoley.comwww.connellfoley.com

Titus vs. Kelly Services, Inc., No. A-5303-04T5, __ N.J. Super. __, 2007 WL 1223895 (App. Div., Apr. 27, 2007) (af-firming judgment on “no cause” jury verdict on claims of gender discrimination in promotion, and affirmingsummary judgment dismissing constructive discharge claim prior to trial);

McMillan-Lonesome vs. Seton Hall University, Docket No. ESX-L-0135-04 (achieving “no cause” jury verdict onplaintiff’s claim of retaliatory termination after three-month jury trial in 2006);

Figueiredo vs. Merck & Co., Inc., Docket No. HNT-L-0435-97 (achieving “no-cause” jury verdict on plaintiff’sclaim of retaliatory termination after three-week jury trial, and obtaining summary judgment dismissing plain-tiff’s underlying sexual harassment claim prior to trial); and

Daniels vs. Anheuser-Busch, Inc., 1997 WL 538904 (N.D.N.Y. 1997) (claims of disability-based termination andunion-activity-based retaliation held pre-empted by federal labor law; later won case following trial before NLRB).

Representative Trials

Connell Foley LLP

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Bennett has been named in Best Lawyers in America® from 2006-2009, and has been ranked by Chambers& Partners as a leader in Labor and Employment Law. He also has been listed in New York Area’s Best Lawyersfrom 2007-2009, and selected for New Jersey Super Lawyers®. Mr. Bennett’s representation of some ofAmerica’s top 500 companies has resulted in Connell Foley being named a “Go-To Firm” for Labor andEmployment Law matters in Corporate Counsel magazine for the past several years.

Honors and Awards

• Lafayette College (B.A., Government & Law, magna cum laude, 1977)

• Seton Hall University School of Law (J.D., 1980)

• New York University School of Law (LL.M. in Labor Law, summa cum laude, 1988)

Education

• Speaker, “Hot Tips in Labor & Employment Law: 2009,” New Jersey State Bar Association, Labor andEmployment Section, and NJICLE (June 2009)

• Author, “Revisiting The Arbitration of Employment Disputes,“ published in New Jersey Lawyer (December 2008)

• Moderator, “Avoiding the Big Burn: Preventing and Defending Against Retaliation and Whistle-Blower”Claims,” USLAW Network Spring Client Conference (April 2008)

• Panelist, Labor Law Roundtable Series, GC Mid-Atlantic Magazine (July 2007)

• Author, “Developing And Enforcing Agreements To Arbitrate Employment Disputes” published inMetropolitan Corporate Counsel, Vol. 10, Nos. 8 and 9 (August/September 2002)

Representative Seminars

John K. Bennett has 28 years’ experience devoted entirely to representing employers in all areas of labor and em-ployment-related matters. Mr. Bennett chairs Connell Foley’s Labor and Employment Law practice. He is well-versed in handling employment-related litigation in federal and state courts and administrative agencies,including trying employment cases to successful jury verdicts, negotiating and enforcing employment agree-ments and restrictive covenants, enforcing employer-promulgated alternative dispute resolution programs,handling the ensuing mediation and arbitration proceedings, trying difficult arbitration cases before arbitratorsunder collective bargaining agreements and receiving favorable awards, handling traditional labor matters be-fore the National Labor Relations Board (NLRB), bringing and defending against injunctive matters in federaland state courts, and representing employers in all other aspects of labor relations and employment law.

Biography and Experience

Served as Speaker/Panelist or Articles Written

41

NEW JERSEY

Page 48: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Janice BerkowitzAhmuty, Demers & McManus200 I. U. Willets RoadAlbertson, NY 11507Phone: (516) 294-5433Fax: (516) 294-5387Email: Janice.berkowitz@

admlaw.comwww.admlaw.com

Doumina Stewart v. Eastchester Union Free School District. Ms. Berkowitz defended the School District and itsSuperintendent against claims of sexual harassment and retaliation. After jury selection commenced in theFederal Courthouse in White Plains, New York, a settlement was agreed allowing a cost effective resolution of theclaim for the client.

Representative Trials

Ahmuty, Demers & McManus NEW YORK

ADA MattersAge DiscriminationCivil Rights MattersEEOC and DFEH MediationsHostile Work Environment

National Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentWrongful Termination

Areas of Experience

• Binghamton School of Management, B.S., Magna Cum Laude, 1986

• Hofstra University, J.D. 1989

Education

• Sexual harassment, Lorman Education Services (speaker)

• Race Discrimination, New York School Insurance Reciprocal (speaker)

Representative Seminars

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, raceand gender discrimination claims as well as sexual harassment.

Biography and Experience

Served as Speaker/Panelist or Articles Written

42

Page 49: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Jennifer A. CaseyAhmuty, Demers & McManus200 I.U. Willets RoadAlbertson, NY 11507Phone: (516) 535-2425Fax: (516) 625-4712Email: Jennifer.Casey@

admlaw.comwww.admlaw.com

Ahmuty, Demers & McManus NEW YORK

Reductions in Force Wage & Hour claims Wrongful Termination

Areas of Experience

• Hobart & William Smith Colleges, 1990, BS, Russian-Soviet Studies

• Touro Law Center, 1996, JD

Education

Jennifer Casey has practiced in the employment law area for the past two years. Ms Casey has researched andprovided opinions to major corporations regarding state and federal employment law issues including wageand hour matters, age discrimination, reduction in force as well as wrongful termination.

Biography and Experience

43

Page 50: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Richard A. BradenGoldberg Segalla LLP665 Main Street, Suite 400Buffalo, NY 14203Phone: (716) 566-5400Fax: (716) 566-5401Email: rbraden@goldberg

segalla.comwww.goldbergsegalla.com

Calhoun v. Mastec, Inc., 2006 WL 2806452 (W.D.N.Y., September 28, 2006) – Mr. Braden successfully defended anational telecommunications company in an employment discrimination action by obtaining summary judg-ment dismissing all claims asserted against it. The plaintiff claimed, among other things, that he was the victimof employment discrimination and harassment based on his race, color, and national origin. Summary judg-ment in favor of the employer was significant because plaintiff offered testimony from former co-workers whoalleged that supervisors regularly used racial epithets regarding plaintiff and others in the workplace. In addi-tion to plaintiff’s discrimination claims, the court dismissed his state common law claims for intentional in-fliction of emotional distress, breach of contract, breach of the covenant of good faith and fair dealing, andnegligence 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 longterm disability carrier by obtaining summary judgment dismissing plaintiff’s claim for benefits due under theEmployee Retirement Income Security Act (ERISA) and for alleged breach of fiduciary duty in violation or ERISA.

Representative Trials

Goldberg Segalla LLP

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Braden was named to the Buffalo Law Journal’s 2007 Who’s Who in Law for Labor and Employment.

Honors and Awards

• State University of New York at Albany, B.A., cum laude, 1988

• State University of New York at Buffalo, School of Law, J.D., magna cum laude, 1995

Education

• Presenter, “Avoiding Liability in the Interviewing, Hiring, and Firing Process,” N.Y.S. Job Service EmployerCommittee, Inc., January, 2008

• Presenter, “Preventing and Defending Harassment and Retaliation Claims,” Society for Human ResourcesManagement (PA/NY Border Chapter), October, 2007

• Presenter, “What Employers Need to Know About Severance and Separation Agreements,” N.Y.S. Job ServiceEmployer Committee, Inc. Seminar, April, 2007

• Author, “Employers Beware – The EEOC and the Courts are Clamping down on Unclear and Overly BroadWaiver and Release Language Contained in Employee Severance Agreements, The Job Description,” DRI, Fall,2006

• Co-Author, “Employment Law, A State-by-State Compendium,” Defense Research Institute, 2006

Representative Seminars

Richard Braden has over ten years of experience representing employers in a wide variety of matters before ad-ministrative agencies and in state and federal courts, including employment discrimination actions, employeebenefits litigation, unfair competition/trade secret matters, and wage and hour disputes. He has successfullydefended employers against unfair labor practice charges, claims of sexual harassment and gender discrimina-tion, and allegations relating to age, race, and disability discrimination. Mr. Braden also regularly counsels em-ployers 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/hand-books, negotiates and drafts employment contacts as well as separation/severance agreements, and assistsclients in complying with the broad spectrum of federal, state and local employment laws and regulations.

Biography and Experience

Served as Speaker/Panelist or Articles Written

44

NEW YORK

Page 51: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Lisa L. ShrewsberryTraub Lieberman Straus &

Shrewsberry LLPMid-Westchester Executive

ParkSeven Skyline DriveHawthorne, NY 10532Phone: (914) 347-2600Fax: (914) 347-8898Email: lshrewsberry@

traublieberman.comwww.traublieberman.com

Traub Lieberman Straus & Shrewsberry LLP NEW YORK

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• J.D., University of Connecticut School of Law, 1988

• B.S., cum laude, Central Connecticut State University, 1985

Education

Lisa Shrewsberry has practiced in the employment law area since 1990. She has extensive experience litigatingemployment matters in federal and state courts. She has been quite successful in assisting clients to reach am-icable resolutions through mediated settlements.

Biography and Experience

45

Page 52: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Steven A. RowePoyner Spruill LLPPO Box 353Rocky Mount, NC 27802-0353Phone: (252) 972-7108Fax: (252) 972-7045Email: srowe@poyner

spruill.comwww.poynerspruill.com

Harris v. Matthews, 361 N.C. 265, 643 S.E.2d 566 (2007) – Counsel for church pastor in lawsuit arising from in-ternal church governance dispute. The plaintiffs, representing the minority of the congregation, sued the pas-tor and other church officials for alleged mismanagement of church resources. Successfully argued to the NorthCarolina Supreme Court that the trial court did not have jurisdiction over the case, as the First Amendmentprohibits 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 actionstaken by the church administration in investigating allegations of misconduct. Obtained dismissal of allDefendants.

Charlene Eley v. Rocky Mount Family YMCA, et al., 536 S.E.2d 71, 1999 N.C. LEXIS 413 – Represented YMCA andothers in action brought by former employee. Former employee’s claims included conspiracy, defamation, in-tentional infliction of emotional distress, and tortious interference with contract. Obtained dismissal of allclaims and dismissal of appeal to the North Carolina Court of Appeals. Petition for discretionary review was de-nied by the North Carolina Supreme Court.

Representative Trials

Poyner Spruill LLP NORTH CAROLINA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC MediationsEmployment Policy and

Procedure ManualsEmployment Risk Realities

Seminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliationSex/Gender Discrimination

Sexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWorkers’ Compensation MattersWrongful Termination

Areas of Experience

• Wake Forest University – J.D., 1988; B.A., 1985

Education

• 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, butare not limited to, FMLA Remade: New Types of Leave, New Forms, New Rules; Pitfalls and Policies: Cautionsfor Employers and Those Who Advise Them; Prepare for Termination to Avoid Litigation; and ControllingLiability in the Workplace.

• Steve Rowe, along with other attorneys in Poyner Spruill’s employment group, publishes a bi-monthly arti-cle that includes titles such as “Insolvency of Workers’ Compensation Liability Insurance Carrier May Resultin Employer’s Liability for Claims;” “Resolutions for the Resolute Employer;” “North Carolina Court of AppealsJudge Raises Possibility of New Exception to Employment At-Will Doctrine;” and “Fourth Circuit Court ofAppeals Points Out Defects in Sexual Harassment Policy.”

Representative Seminars

Steve Rowe has 16 years of experience representing employers in a wide variety of employment matters in stateand federal court and before the North Carolina Industrial Commission, United States Equal EmploymentOpportunity Commission, North Carolina Employment Security Commission, State of North Carolina Officeof 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 mattersin state and federal court. Mr. Rowe regularly advises clients on employment issues and matters and is a frequentspeaker on employment law topics.

Biography and Experience

Served as Speaker/Panelist or Articles Written

46

Page 53: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

David L. WoodardPoyner Spruill LLP301 Fayetteville St., Suite 1900Raleigh, NC 27601Phone: (919) 783-2854Fax: (919) 783-1075Email: dwoodard@poyner

spruill.comwww.poynerspruill.com

McNeil v. Scotland County – Obtained summary judgment for employer in suit where plaintiff alleged race dis-crimination and retaliation in violation of Title VII of the Civil Rights Act as well as violation of the Americanswith Disabilities Act. Successfully defended the judgment in the Fourth Circuit Court of Appeals.

Williams v. City of Fayetteville – Obtained summary judgment for City Manager on former employee’s claims ofretaliation for exercising First Amendment rights, violations of due process, and intentional infliction of emo-tional distress.

McDonald v. Black & Decker (U.S.) Inc. – Obtained summary judgment for employer in employee’s claim underthe North Carolina Retaliatory Employment Discrimination Act that she had been retaliated against for filing aworkers compensation claim.

Representative Trials

Poyner Spruill LLP NORTH CAROLINA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Campbell University, JD, 1992, cum laude

• North Carolina State University, BA, 1988

Education

• Poyner Spruill and David Woodard regularly give speeches and seminars to hr directors, managers, supervi-sors, 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 Employersand 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 arti-cles that include titles such as “Jury Verdict Highlights Risks Involved in Monitoring Employee E-Mail;”“Reminder to Start Using New Form I-9;” “Civil Penalties for Child Labor Law Violations Increase;” “RecentDevelopments Under The Family and Medical Leave Act: New Rights for Employees with Family Members inthe Armed Services and Proposed New Regulations;” and “Collective Actions Seeking Unpaid Wages AndOvertime Pay Are On The Rise.”

Representative Seminars

David Woodard has 12 year’s experience practicing in the area of employment law, where he represents man-agement in employment discrimination, wrongful discharge and ERISA claims, and in the area of complex com-mercial litigation, where he represents businesses in contract disputes and business torts. He regularly advisesand defends clients in race, age, disability and sex discrimination and harassment cases before the EEOC andin state and federal court; reviews handbooks and termination issues; and provides compliance advice to em-ployers on matters of employment law.

Biography and Experience

Served as Speaker/Panelist or Articles Written

47

Page 54: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Matthew R. KollingEbeltoft . Sickler . Lawyers46 West Second StreetP.O. Box 1598Dickinson, ND 58601Phone: (701) 225-5297Fax: (701) 225-9650Cell: (701) 290-9196Email: [email protected]: www.eskgb.com

Ebeltoft . Sickler . Lawyers NORTH DAKOTA

ADA MattersConsultations/Risk Analysis

Employment Policy andProcedure Manuals

Sexual Harassment Training

Wage & Hour ClaimsWrongful Termination

Areas of Experience

• B.A., University of North Dakota, 1998

• J.D., University of Minnesota Law School, 2001

Education

• Various client seminars on Employee Discipline, Hiring Practices, FMLA Compliance, ADA Compliance,Documentation and Evaluations.

Representative Seminars

Matthew Kolling has practiced in the employment law area since 2003. He has extensive experience advising cor-porate and public-entity clients regarding a wide variety of employment matters, including federal and statewage claims, employment discrimination claims, and ADA and FMLA compliance issues. Mr. Kolling has alsoassisted clients in resolving employment claims through mediated settlements arbitration boards.

Biography and Experience

Served as Speaker/Panelist or Articles Written

48

Page 55: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Denise M. HasbrookRoetzel & Andress, LPAOne SeaGate, Suite 1700Toledo, OH 43604Phone: (419) 242-7985Fax: (419) 242-0316Email: [email protected]

Grosjean v. The Toledo Edison Company – Ms. Hasbrook was lead counsel in this case that first established thebright line test for the age difference of a significantly younger employee in age discrimination cases in the SixthCircuit. The decision was selected by Ohio Lawyers Weekly and Michigan Lawyers Weekly as one of the six mostimportant judicial decisions that year.

Merritt v. FirstEnergy Corp. – Obtained a defense jury verdict where the plaintiff challenged defendant’s selec-tion for lay off. The successful defense of her client resulted in a finding of no liability and substantiated the re-duction in force selection process.

Huth v. Shinner’s Meats – Summary judgment was upheld by the Court of Appeals where plaintiff claimed thather termination was retaliatory. The employer was found to have legitimate business reasons for the action.

Representative Trials

Roetzel & Andress, LPA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace Discrimination

Reductions in ForceReligious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Ms. Hasbrook is AV Rated.

• Selected as an “Ohio Super Lawyer” by Law & Politics magazine and Cincinnati Magazine (2005-2007 & 2009).

• Selected as one of Top 12 Superlawyers in Northwest Ohio in Corporate Counsel Edition of Top Attorneys inEmployment Law (2008).

• Arabella Babb Mansfield Award, Woman of the Year – Toledo Women’s Bar Association (1999).

Honors and Awards

• 1984 J.D., The University of Toledo, College of Law.

• 1981 B.S.B.A., The University of Toledo – magna cum laude.

Education

• “Partnering for Success in Employment Cases: The Attorney’s Role,” Inside the Minds: Resolving EmployeeDisputes & Litigation, Aspatore Books (2006).

• “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).

Representative Seminars

Denise Hasbrook’s practice has focused on employment litigation for over two decades. She served as in-housecounsel addressing labor and employment matters for the nation’s sixth largest public utility for 14 years. Inprivate practice, she has successfully litigated numerous cases in the areas of sexual harassment, retaliatorydischarge, unfair competition and discrimination in state and federal courts, obtaining many favorable sum-mary judgment decisions and jury outcomes. She also represents numerous national clients seeking to enforceand defend restrictive covenants in employment agreements through declaratory judgment and injunctionproceedings.

Biography and Experience

Served as Speaker/Panelist or Articles Written

49

OHIO

Page 56: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Douglas M. KennedyRoetzel & Andress, LPA155 East Broad Street12th FloorColumbus, OH 43215Phone: (614) 723-2004Fax: (614) 463-9792Email: [email protected]

Roetzel & Andress, LPA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• AV Rating from Martindale-Hubbell Law Directory

• Selected as an “Ohio Super Lawyer” by Law & Politics magazine and Cincinnati Magazine (2005-2007) andCorporate Counsel Edition (2008)

• Central Ohio’s Top Lawyers, Columbus CEO Magazine, 2009

Honors and Awards

• Ohio Wesleyan University, B.A. Politics & Government, 1977

• University of Toledo College of Law, J.D., 1980

Education

• Douglas Kennedy lectures annually at seminars involving employment law, workers’ compensation and trialpractice for the Employer’s Resource Association, Sedgwick Claims Management, the Ohio Manufacturer’sAssociation and the Roetzel & Andress Employment Group.

Representative Seminars

Douglas Kennedy has practiced in Ohio since 1980, focusing in the employment law area since 1995. He repre-sents management in all areas of employment law up to and including litigation, including both federal andstate discrimination law matters, claims before the Ohio Bureau of Workers’ Compensation and the IndustrialCommission of Ohio, as well as administrative matters with the EEOC, OSHA, and the OCRC. He also counselsemployers in day to day decisions involving hiring and firing and discipline.

Biography and Experience

Served as Speaker/Panelist or Articles Written

50

OHIO

Page 57: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Gina A. KuhlmanRoetzel & Andress, LPA1375 East 9th Street, Floor 9Cleveland, OH 44114

222 South Main StreetAkron, OH 44308

Phone: (216) 820-4202Fax: (216) 623-0134Email: [email protected]

Garner v. Cuyahoga County Juvenile Court, Joseph f. Russo, Administrative Judge, et al., N.D. Ohio Case No. 1:02-cv-01286, appeal on the merits affirmed at Sixth Circuit Case No. 05-3476 – Obtained summary judgment andan award of attorneys’ fees on behalf of five defendants on the individual claims of thirteen plaintiffs who al-leged racially-charged disparate treatment, harassment, disparate impact and retaliation, deprivation of equalprotection rights enforced through 42 U.S.C. §1983, and other employment-related causes of action.

Representative Trials

Roetzel & Andress, LPA

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints’ SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Certified by the Ohio State Bar Association as a Specialist in Labor and Employment Law

Honors and Awards

• Case Western Reserve University, B.S., summa cum laude, 1993

• Case Western Reserve University School of Law, J.D., 1996

Education

• “The Aging Workforce: As Employees Gray, Age Discrimination Suits Rise,” USLAW Magazine (Spring-Summer2009 edition).

• “Implications of Crawford and a Broader Title VII,” Employment Law 360 (November 2008).

• “NLRB Expands Employers’ Rights to Regulate Use of Company Property for Solicitations,” – HumanResources E-Bulletin, Ohio Manufacturers’ Association (January 2008).

• “Understanding the New FMLA Regulations/Military Leave Provisions and How to Administer Them” –Seminar Presentation – Akron Society for Human Resource Management (2009).

• “Living With and Without Unions” — Ohio Manufacturers’ Association Webinar Series (2009).

Representative Seminars

Ms. Kuhlman’s practice is focused on representation of management interests in labor and employment law. Shecounsels and represents corporate executives, management teams and public officials in all employment-re-lated issues including federal and state labor and employment law compliance, preparation and implementa-tion of personnel policies and employment agreements, employee discipline, contract administration,discrimination claims, non-compete agreements and enforcement of trade-secret protections. In addition, Ms.Kuhlman has successfully defended numerous cases alleging discrimination, harassment, retaliation, violationof public policy, equal protection violations and wrongful discharge. Ms. Kuhlman also represents public andprivate sector employers in collective bargaining negotiations, grievance arbitrations, strike injunction pro-ceedings, unfair labor practice proceedings and civil service proceedings.

Biography and Experience

Served as Speaker/Panelist or Articles Written

51

OHIO

Page 58: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Larry G. Cassil, Jr.Pierce, Couch, Hendrickson,

Baysinger & Green, LLP1109 N. FrancisOklahoma City, OK 73106Phone: (405) 552 5276Fax: (405) 235-2904Cell: (405) 740-7124Email: lcassil@pierce

couch.comwww.piercecouch.com

Migis v. Pearle Vision, 135 F.3d 1041 (5th Cir. 1998); On appeal, the Fifth Circuit granted partial relief on behalfof defendant, including reduction in attorney fees awarded to plaintiff’s counsel; but see, concurring opinionper Barksdale, J., for full exposition on the attorney fees issue.

Lance Casey v. Oklahoma Indigent Defense System, et al., Case No. CIV-294-R, (W.D. Okla); Court granted sum-mary judgment all defendants represented in this case brought under Uniformed Services Employment andRe-Employment Rights Act (“USERRA”) and related state-law causes of action.

Representative Trials

Pierce Couch Hendrickson Baysinger & Green, L.L.P. OKLAHOMA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Vanderbilt University, B.A. ’85; M.A. ‘94

• Columbia University School of Law, J.D. ‘88

Education

Larry Cassil has been practicing employment law, including all areas of employment discrimination, retalia-tion and EPL insurance coverage cases in the state and federal courts of Oklahoma and Texas for more than 14years. He routinely appears before the EEOC, the Oklahoma Department of Labor and the OklahomaEmployment Security Commission. He also advises clients on wage and hour matters, general personnel prac-tices and presents training sessions for management and employees in workplace employment-related matters.

Biography and Experience

52

Page 59: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Sharon Carroll PetersWilliams Kastner888 Fifth Avenue, Suite 600Portland, OR 97204-2025Phone: (503) 944-6913Fax: (503) 222-7261Email: speters@williams

kastner.comwww.williamskastner.com

Williams Kastner OREGON

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• University of Louisville Louis D. Brandeis School of Law, J.D., 2001

• University of Dayton, B.S. Economics, 1998

Education

• “USERRA: Navigating ADA, FMLA, & Workers’ Compensation Issues,” The Seminar Group, Portland, Oregon,October, 2007.

• “Wage and Hour Class Actions: You’re in the Bull’s Eye,” Williams KastneR Labor & Employment Seminar,Seattle, WA April, 2007.

• “Unsavory Employee Conduct: What’s an employer to do?” Williams Kastner Labor & Employment Seminar,Portland, OR, March, 2007.

• “Navigating the Minefield: An employer’s step by step approach to complying with disability, medical leave,and workers’ compensation laws,” Williams Kastner Labor & Employment Fall Update, Bellevue, Washington,September, 2005.

• “New Law Drastically Alters Noncompete Requirements” Portland Business Journal, August, 2007.

• “More Than Just A Word,” The Voice, May, 2006.

• “Good records can minimize worker claims,” Business Journal of Portland, April, 2005

Representative Seminars

Sharon Peters is an attorney in the Portland office of Williams Kastner. Her practice emphasizes employment lit-igation, employment practices advice and consultation, and workplace investigations. Ms. Peters provides coun-sel to employers in crisis and non-crisis situations regarding disability accommodations, leaves of absence,wage and hour, employee discipline, employment handbooks and agreements, electronic/computer policies,covenants not-to-compete, hiring and terminations. Ms. Peters has extensive experience evaluating and liti-gating claims in federal and state courts involving the FMLA/OFLA, Title VII, ADA and other employment laws,as well as administrative charges filed with the Oregon Bureau of Labor and Industries and the EqualEmployment Opportunity Commission. Ms. Peters aims to aid employers in efficiently complying with the lawand effectively resolving disputes before costly litigation ensues.

Biography and Experience

Served as Speaker/Panelist or Articles Written

53

Page 60: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Barbara A. O’ConnellSweeney and Sheehan, P.C.1515 Market Street, 19th FloorPhiladelphia, PA 19102Phone: (215) 563-9811Fax: (215) 557-0999Email: barbara.oconnell@

sweeneyfirm.comwww.sweeneyfirm.com

DeVita v. Five Star (State Court – Philadelphia County Court of Common Pleas) – Ms. O’Connell successfully de-fended an employer accused of hiring a violent employee who eventually murdered a customer. The customerhad hired the employee directly unbeknownst to the employer. Although a jury returned a small amount of lia-bility 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 adefense 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 defenseverdict on behalf of T-Mobile Corporation in a claim alleging religious discrimination in scheduling and termination.

Representative Trials

Sweeney & Sheehan, P.C.

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and PHRC HearingsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Ms. O’Connell was elected to be the Chairperson of the Defense Research Institute’s Employment LawCommittee for the years 2008-2010.

• Ms. O’Connell was selected as a “super lawyer” in the state of Pennsylvania in 2007.

Honors and Awards

• University of Bridgeport, BS Education, Summa Cum Laude, 1978

• Villanova University School of Law, JD, 1986, recipient of Law School Academic Merit Scholarship

Education

• “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, 2004.

• “View From the Juror: Times, Are They A Changing?” The Defense Research Institute’s 2005 Annual Meeting,Chicago, Illinois, October 21, 2005.

• “The Purgatory of Electronic Discovery – Understanding the Current Landscape and Managing theChallenging Issues of Document Preservation and Spoliation,” The Defense Research Institute AnnualEmployment Law Seminar, Fort Lauderdale, Florida, May 17-19, 2006

• “Keeping Damages Down: Effective Trial Strategies for Reducing Awards in Dangerous Cases”, The DefenseResearch Institute Annual Employment Law Seminar, Chicago, Illinois, May 14-16, 2008.

Representative Seminars

Barbara O’Connell has practiced in the employment area since 1991. She has extensive experience litigatingemployment matters in the federal and state courts and the EEOC and local administrative agencies. Thesehave included discrimination, wrongful discharge, retaliation and whistleblower cases. In addition, she has me-diated and negotiated all types of employment related claims to settlement. She also advises clients regardingwork place investigations, anti-discrimination policies and compliance with state and federal employment laws.

Biography and Experience

Served as Speaker/Panelist or Articles Written

54

PENNSYLVANIA

Page 61: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Crystal H. ClarkThomas, Thomas & Hafer, LLP305 N. Front St., 6th FloorPO Box 999Harrisburg, PA 17108Phone: (717) 237-7103Fax: (717) 237-7105Email: [email protected]

Saralee Mitchell v. Penndel-Middletown Emergency Squad, Inc. – Ms. Clark served as second-chair to James K.Thomas, II, in this Pregnancy Discrimination Act case in which Plaintiff alleged that her termination was dueto her high-risk pregnancy. After a three-day trial, the jury entered a defense verdict.

Bruse Ogilvie v. Northern Valley EMS, Inc., 2008 U.S. Dist. LEXIS 87913 (E.D. Pa. Oct. 30, 2008) – Ms. Clark, rep-resenting the EMS company, obtained summary judgment on Plaintiff’s gender discrimination, hostile workenvironment and retaliation claims.

Robinson v. County of Lancaster, 2005 U.S. Dist. LEXIS 36375 (E.D. Pa. Dec. 28, 2005) – Ms. Clark representedLancaster County, obtaining dismissal of Plaintiff’s due process claim on the grounds that she had no pro-tectable property interest in her job.

Representative Trials

Thomas, Thomas & Hafer LLP PENNSYLVANIA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace Discrimination

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Ms. Clark is a graduate of the University of Michigan, where she earned her Bachelor of Arts degree in PoliticalScience in 2000. She began her legal career that same year at the Dickinson School of Law of the PennsylvaniaState University, completing her J.D. in 2003.

Education

• “Back to Basics: Hiring and Firing” Ms. Clark presented an overview of all employment laws and legal con-siderations in making hiring and firing decisions.

• “Sexual Harassment,” County Commissioners Association of Pennsylvania Prison Personnel Workshop: Ms.Clark presented an in-depth discussion of sexual harassment claims, both at the pre-litigation investigationstage and once suit has been filed.

• “But It’s MySpace: Employees, Social Networking Sites and Other Internet Issues,” The Pennsylvania ChildWelfare Training Program: Ms. Clark is presenting this seminar across Pennsylvania in 2009, with one ses-sion occurring in the winter of 2008. This seminar discusses the merits and dangers of investigating applicantsand employees using social networking sites, as well as the need for and appropriateness of email and inter-net use policies in the workplace.

Representative Seminars

Crystal H. Clark has practiced in employment law since passing the bar in 2003. She has extensive experiencein litigating employment cases in both federal and state courts, as well as the EEOC and Pennsylvania HumanRelations Commission. Although she recognizes the value in early settlement and mediation, she has an activesummary judgment and trial practice where an ultimate decision on the merits provides the best option for herclients. In addition to her litigation work, she also regularly serves as an HR consultant for her clients by pro-viding pre-discipline and termination decision evaluations to ensure compliance with the ADA, ADEA, FMLA,and Title VII. She also consults on the creation and updating of policy and procedure manuals. Many of herclients highly value her training seminars, which run the gamut of employment law issues.

Biography and Experience

Served as Speaker/Panelist or Articles Written

55

Page 62: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

James K. Thomas, IIThomas, Thomas & Hafer, LLP305 N. Front St., 6th FloorPO Box 999Harrisburg, PA 17108Phone: (717) 255-7617Fax: (717) 237-7105Email: [email protected]

Bisbing v. Lehightown Ambulance Association, 142 Fed. Appx. 71 (3d Cir. 2005) – The Third Circuit affirmed sum-mary judgment on a retaliation claim, finding that the termination was due to insubordination, not an earlierdiscrimination case filed by the employee’s wife.

Bauer v. Pottsville Area Emergency Med. Servs., 903 A.2d 39 (Pa. Super. 2006) – Affirming the judgment of non prosentered by the trial court on a breach of employment contract claim. Plaintiff refused to participate in jury se-lection after being precluded from presenting evidence contrary to Requests for Admissions deemed admittedby his failure to respond.

Saralee Mitchell v. Penndel-Middletown Emergency Squad, Inc. – Mr. Thomas was first chair in this PregnancyDiscrimination Act case in which Plaintiff alleged that her termination was due to her high-risk pregnancy. Aftera three-day trial, the jury entered a defense verdict.

Representative Trials

Thomas, Thomas & Hafer LLP PENNSYLVANIA

ADA MattersAge DiscriminationCivil Rights MattersEmployment Policy and

Procedure ManualsHostile Work Environment

Investigation of EmployeeComplaints Seminar

National Origin DiscriminationRace DiscriminationReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

Best Lawyers in America, 2003-Present

Super Lawyers (2004-2008) – Philadelphia Magazine

Martindale-Hubbell AV Peer Review Rated

Honors and Awards

• The Dickinson School of Law of The Pennsylvania State University, J.D., 1972

• Grove City College, B.A., 1969, With Honors in Business Administration

Education

A managing partner of Thomas, Thomas & Hafer, LLP, Mr. Thomas has been in the practice of civil litigationsince 1972. During that time, he has handled all types of civil litigation, including employment law matters. Inparticular, Mr. Thomas focuses his employment law practice to matters of harassment and discrimination be-fore the Pennsylvania Human Relations Commission, the Equal Employment Opportunity Commission, andboth federal and state courts from trial to appeal.

Biography and Experience

56

Page 63: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Robert P. BrooksAdler Pollock & Sheehan P.C.One Citizens Plaza, 8th FloorProvidence, RI 02903-1345Phone: (401) 274-7200Fax: (401) 751-0604Email: [email protected]

Assisted a state agency that was acquiring a municipal agency with all the various labor and employment lawissues that arose as a result. The employees of the municipal agency who were employed in two bargainingunits were transferred to the payroll of the management company that would operate the former municipalagency facility and divided into five different bargaining units. Mr. Brooks was able to successfully navigate themerger of the two units of employees employed by the municipal agency into the five private sector units em-ployed by the stage agency’s management company without any disruption in the newly-merged operation.

Devised a winning strategy for an employer interested in establishing a union-free workplace by planning astrategy to decertify a major labor union as the bargaining representative of the employer’s employees.

Negotiated an agreement on behalf of a municipal employer with two labor unions that allowed the municipalityto hire a private company to design, build, and operate a new, state of the art facility for the municipality, therebyalso achieving millions of dollars in savings.

Successfully represented one of the State’s largest nursing homes in a union organizing campaign in which theunion was defeated in the election by a wide margin.

Successful defense of employers in matters involving race discrimination, age discrimination, sex discrimina-tion, sexual harassment, and disability discrimination before Human Rights agencies in the states of RhodeIsland, Connecticut, Massachusetts, New York, and Pennsylvania.

Representative Trials and Dispositions

Adler Pollock & Sheehan P.C.

ADA MattersAge DiscriminationCollective Bargaining Consultations/Risk AnalysisEmployment Policy and

Procedure ManualsHostile Work Environment

Investigation of EmployeeComplaints Seminar

National Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliation

Sex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Recognized in the 2006, 2007 and 2008 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

• Listed in the 2007, 2008 and 2009 edition of The Best Lawyers in America® in the field of Labor andEmployment Law

• Named Rhode Island SuperLawyer, 2007 and 2008, as well as a New England Superlawyer in 2008, honorsthat recognize him as a leader in the legal community

Honors and Awards

• Suffolk University (J.D., 1987)

• Rhode Island College (B.A., 1982)

Education

• Rhode Island Bar Association’s CPA Society Annual Joint Seminar (speaker for 2006)

• American Institute of Certified Public Accountants’ AICPA Spring Controllers Workshop (contributing au-thor and speaker for 2006 and 2007)

• National Business Institute’s Navigating Collective Bargaining Agreement Negotiations (speaker for 2008)

• Rhode Island Bar Association’s 2008 Annual Meeting, Legal Issues in the Wake of Chambers v. Ormiston (con-tributing author and speaker)

• The University of Rhode Island and the Charles T. Schmidt, Jr. Labor Research Center, Twenty-Second AnnualLabor and Employment Law Conference (author and speaker for 2009)

Representative Seminars

Robert P. Brooks is Chairman of the firm’s Labor and Employment Law Group. He represents management inall facets of labor relations and employment law in the public and private sectors. Mr. Brooks regularly and suc-cessfully handles collective bargaining negotiations and the defense of union organizing campaigns. He hassuccessfully represented employers in employment discrimination matters, and a wide variety of labor arbi-tration and administrative proceedings. In addition, he lectures frequently to groups and private companieson many of the issues facing human resource professionals on a daily basis.

Biography and Experience

Served as Speaker/Panelist or Articles Written

57

RHODE ISLAND

Page 64: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

David B. McCormackBuist Moore Smythe

McGee P.A.5 Exchange StreetCharleston, SC 29401Phone: (843) 720-4612Fax: (843) 723-7398Email: dmccormack@

buistmoore.comwww.buistmoore.com

Nelson v. Lockheed Missiles and Space Co., Op. No. 97-1430 (4th Cir. 1997) affirming lower court’s order grantingsummary judgment to defendant on basis that plaintiff’s EEOC charge, alleging race discrimination in violationof Title VII, was untimely.

Thomas v. Wal-Mart, 69 FEP Cases 890 (D.S.C. 1995) – obtained summary judgment for defendant in case al-leging race discrimination in violation of Title VII and 42 U.S.C § 1981(a).

Glover v. Lockheed Corp., 772 F. Supp. 898 (D.S.C. 1991) – obtained summary judgment for defendant in case al-leging race discrimination during a reduction in force, in violation of Title VII; and state law claims for intentionalinfliction of emotional distress and promissory estoppel.

Representative Trials

Buist Moore Smythe McGee P.A.

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace Discrimination

Reductions in ForceReligious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Member, College of Labor and Employment Lawyers

• Selected for inclusion in The Best Lawyers in America, Labor and Employment (2005-present)

• Selected for inclusion in Chambers USA: Leading Lawyers for Business (2007-present)

Honors and Awards

• Yale University – B.A. – 1974

• Cambridge University – M.A. – 1976

• University of Virginia Law School – J.D. – 1979

Education

• Contributing author, Labor and Employment Law for South Carolina Lawyers (SC Bar 1999, 2004, 2007).

• Speaker, “Employment Law From A to Z in South Carolina,” Lorman Education Services (2009, 2008, 2007).

• Speaker, “Employee Discharge and Documentation in South Carolina,” Lorman Education Services (2006, 2005)

Representative Seminars

Mr. McCormack has practiced employment and labor law for over twenty-five years. He is certified as a Specialistin Employment and Labor Law by the South Carolina Supreme Court and heads the firm’s Employment PracticeGroup. His practice encompasses all aspects of state and federal employment law, including wrongful termi-nation and employment discrimination. He also provides extensive advisory and counseling services in suchareas as employment contracts, employee handbooks, restrictive covenants, family and medical leave, disabil-ity law requirements and sexual harassment.

Biography and Experience

Served as Speaker/Panelist or Articles Written

58

SOUTH CAROLINA

Page 65: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

David S. YandleBuist Moore Smythe

McGee P.A.P.O. Box 999Charleston, SC 29402Phone: (843) 722-3400Fax: (843) 723-7398Email: dyandle@buist

moore.comwww.buistmoore.com

Terry Wayne Watts v. Lowes Companies, Inc. – Mr. Yandle represented a national retail distributor who had beensued for breach of an implied contract and defamation. After detailed discovery, Mr. Yandle obtained summaryjudgment on all causes of action.

Keiger v. Citgo, Coastal Petroleum, Inc., 326 S.C. 369, 482 S.E.2d 792 (Ct. App. 1997). Mr. Yandle the employerthrough the appeal which established that South Carolina’s implied covenant of good faith and fair dealing doesnot apply at will employment relationships.

Representative Trials

Buist Moore Smythe McGee P.A. SOUTH CAROLINA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Yandle has been selected as one of the Best Lawyers in America for Employment Law in 2008.

Honors and Awards

• Davidson College, B.A. History, 1978

• Wake Forest University School of Law, J.D. 1982

Education

• Labor and Employment Law in South Carolina published by South Carolina Bar (contributing author toSecond 2004 and Third 2007 Editions).

• Defense Research Institute, Family and Medical Leave Act (author and speaker November 2006).

• Employment Law from A to Z in South Carolina, Lorman Education Services (contributing author and speakerannually for 2009, 2008, 2007).

• Employment Law Update in South Carolina, Sterling Education Services (contributing author and speaker2008).

• Defense Research Institute, “Employment Law Basics Monograph,” Unemployment Compensation (1997).

Representative Seminars

Mr. Yandle has practiced in the employment law area since 1990. He has extensive experience litigating em-ployment matter in federal and state courts. He has been quite successful in assisting clients to reach amicableresolutions through mediated settlements. He also advises clients regarding federal and state employment lawmatters including discrimination, wage and hour matters under the Fair Labor Standards Act and the SouthCarolina Payment of Wages Act, the American with Disabilities Act, the Family and Medical Leave Act, the WARNAct and the enforceability of non-competition/non-solicitation agreements.

Biography and Experience

Served as Speaker/Panelist or Articles Written

59

Page 66: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Robert C. RiterRiter, Rogers, Wattier &

Northrup, LLP319 S. CoteauP. O. Box 280Pierre, SD 57501Phone: (605) 224-5825Fax: (605) 224-7102Cell: (605) 280-4669Email: [email protected]

While Mr. Riter has assisted several partners on wrongful termination and discrimination claims which pro-ceeded to trial, the cases of that nature in which he was the lead attorney were resolved prior to trial.

Representative Trials

Riter, Rogers, Wattier & Northrup, LLP SOUTH DAKOTA

ADA MattersAge DiscriminationCivil Rights MattersCollective BargainingConsultations/Risk Analysis

Employment Policy andProcedure Manuals

Hostile Work EnvironmentReductions in ForceSex/Gender Discrimination

Sexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• University of South Dakota 1970 – Business Administration

• University of South Dakota 1973 – Juris Doctorate

Education

• Mr. Riter has previously presented during a seminar to the State Bar of South Dakota on the handling of ad-ministrative law matters to include employment related claims, and has presented to the Central SouthDakota Society for Human Resource Management on employment related issues.

Representative Seminars

Robert Riter has been involved for the past 25 years in employment related matters. These have included de-fending wrongful termination litigation against employers, and numerous hearings before the South DakotaDepartment of Labor, as well as the South Dakota Personnel Policy Commission. He has also represented em-ployers defending employee claims asserted before the South Dakota Human Rights Commission and EEOC,including hearings and administrative appeals. He has regularly represented employers in public sector labornegotiations with ensuing grievance issues and administrative hearings.

Mr. Riter has also been involved on a regular basis consulting with employers on the applicability of SouthDakota laws to employment decisions regarding hiring, firing and personnel policy actions.

Biography and Experience

Served as Speaker/Panelist or Articles Written

60

Page 67: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Brett A. SmithFee, Smith, Sharp and

Vitullo, L.L.P.13155 Noel Road, Suite 1000Dallas, TX 75240Phone: (972) 934-9100Fax: (972) 934-9200Cell: (214) 418-0101Email: [email protected]

Charles J. Bolin, et al. v. Securicor d/b/a Cognisa Security, Inc., lead counsel representing a security company inthe defense of retaliation and race discrimination causes of action (N.D. Tx.) wherein judgment for the defensewas rendered on a majority of the Plaintiff’s claims.

Representative Trials

Fee, Smith, Sharp & Vitullo, L.L.P.

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk Analysis

Employment Policy andProcedure Manuals

Race DiscriminationRetaliation

Sexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Mr. Smith is an AV rated by Martindale-Hubbell.

Honors and Awards

• South Texas College of Law, J.D. – 1991

• Southern Methodist University – 1988

Education

• “Employment Law Overview” June 24, 2005.

• “Construction Ethics Advanced Management Program for AGC of America” April 29, 2009.

Representative Seminars

Brett Smith is an AV rated attorney by Martindale-Hubbell and regularly serves as lead counsel for companiesand individuals in disputes involving high risks and exposure. He has successfully litigated and consulted on em-ployment matters. Mr. Smith has maintained a practice in the area of employment law since 2001. Mr. Smith isadmitted to practice in federal and state court in Texas.

Biography and Experience

Served as Speaker/Panelist or Articles Written

61

TEXAS

Page 68: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Robert J. HambrightOrgain, Bell & Tucker, LLPP.O. Box 1751Beaumont, TX 77704-1751Phone: (409) 838-6412Fax: (409) 838-6959Cell: (409) 781-7650Email: [email protected]

Louis v. Exxon Mobil Oil Corp., et al, 254 S.W. 3d 602 (Tex. App. – Beaumont 2008, pet. denied) – won summaryjudgment, affirmed on appeal, dismissing claims of intentional infliction of emotional distress, slander andwrongful discharge by plaintiff who asserted he had been ordered to falsify environmental records.

Sabine Area Joint Apprenticeship and Training Fund, et al v. Texas Air Duct, Inc., et al, No. 1:05-cv-00786-TH (E.D.Tex. 2009) – won federal court trial of NLRA and ERISA suit by unions and their trust funds seeking to collect un-paid benefit contributions from a company based on alter ego theory.

Ponder v. Hales, 2008 WL 2129848 (Tex. App. – Beaumont 2008) – won jury trial, affirmed on appeal, of case al-leging assault and wrongful termination.

Representative Trials

Orgain Bell & Tucker, LLP

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and TWC MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWorkers' Compensation

RetaliationWrongful Termination

Areas of Experience

• Board Certified, Labor and Employment Law, Texas Board of Legal Specialization

• Chairman, Labor and Employment Law Section, State Bar of Texas – 1986-87

• Selected one of Best Lawyers in America for Labor and Employment Law, 25 years

Honors and Awards

• BA, BBA, Southern Methodist University, 1978

• JD, Southern Methodist University School of Law, 1981

Education

• Author, ERISA Chapter, Texas Association of Business, Employment Law Handbook, 1987 - 2009.

• “Employment Issues in Today’s Electronic Workplace,” SHRM presentations, 2007.

Representative Seminars

Robert Hambright has practiced labor and employment law since 1981. His primary emphasis is the defense ofall manner of labor and employment law cases in the state and federal courts and before administrative agen-cies such as NLRB, DOL and EEOC. In the labor and employment law field, Mr. Hambright has tried more than20 cases in the state and federal courts, obtained summary judgment in many more, argued several cases on ap-peal including twice in the Supreme Court of Texas, and has successfully resolved well in excess of 100 casesshort of trial. He also has extensive experience with collective bargaining and arbitration of disputes under laborcontracts. Mr. Hambright routinely advises employers on policies and practices, internal investigations, litiga-tion avoidance and compliance with federal and state labor and employment laws.

Biography and Experience

Served as Speaker/Panelist or Articles Written

62

TEXAS

Page 69: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Donean SurrattOrgain Bell & Tucker, LLP470 Orleans StreetBeaumont, TX 77701Phone: (409) 838-6412Fax: (409) 838-6959Cell: (409) 782-1479Email: [email protected]

H&R Block v. Housden, 186 F.R.D. 399 – Lead attorney for H&R Block in federal court case brought by Housdenfor a collective action against H&R Block to recover overtime for herself and other similarly situated under theFair Labor Standards Act. Defeated the certification of a collective action.

Riggs v. Continued Care – Lead attorney in Americans with Disabilities Act case brought against a nursing homein federal court. After substantial discovery, client won on summary judgment.

Highland Railroad v. Lone Star – Case tried to a verdict in a claim of breach of a fiduciary duty by a vice-presi-dent of a company. Ms. Surratt tried the case along with a partner of OBT. Our client, the new employer, wasfound not to have participated in a conspiracy for the vice-president to breach a fiduciary duty.

Representative Trials

Orgain Bell & Tucker, LLP TEXAS

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and TCHRA Mediations

Employment Policy andProcedure Manuals

Hostile Work EnvironmentRace DiscriminationRetaliationSex/Gender Discrimination

Sexual HarassmentWage & Hour ClaimsWorkers’ Compensation

RetaliationWrongful Termination

Areas of Experience

• Ms. Surratt has been named as a Rising Star for the years of 2004-2007 in the area of Civil Litigation and aSuperLawyer for 2008 and 2009 in the area of Civil Litigation.

• Ms. Surratt was recently appointed to the Texas State Bar Pattern Jury Charges committee in the area of busi-ness, consumer and employment law.

Honors and Awards

• University of Texas School of Law, Juris Doctorate, 1991

• Lamar University, Bachelor of Science, 1987

Education

Donean Surratt has practiced in the employment area and in general litigation since 1991. She has experiencelitigating various types of law, including employment matters in federal and state courts. She handles mattersbefore the EEOC and the Texas Commission on Human Rights. She has experience in advising clients on allmatters of discrimination, the American with Disabilities Act, noncompete clauses, separation agreements,employee handbooks and personnel policies, the Family Medical Leave Act and the Fair Labor Standards Act.

Biography and Experience

63

Page 70: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Kristin A. VanOrmanStrong and Hanni3 Triad Center 5th FloorSalt Lake City, UT 84180Phone: (801) 532-7080Fax: (801) 596-1508Cell: (801) 309-0195Email: kvanorman@strongand

hanni.comwww.strongandhanni.com

Potts v. Davis County, et al., 07-4139 (10th Cir. Ct App 2007). Plaintiff sued for wrongful termination. Defense filedmotion for summary judgment which was granted by trial court and affirmed by 10th Circuit.

Anderson vs. Weber Human Services. 2nd Judicial District Court, State of Utah, 2004. Plaintiff sued for wrongfultermination. Defense filed motion for summary judgment which was granted.

Patterson v. American Fork City, 67 P.3d 466 (Utah 2005). Plaintiff sued for civil rights violations, and section1983 violations among other clalims. Defense filed motion for summary judgment which was granted, and lateraffirmed on appeal.

Representative Trials

Strong & Hanni, PC UTAH

ADA MattersAge DiscriminationCivil Rights MattersEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReligious DiscriminationRetaliationSex/Gender Discrimination

Sexual HarassmentSexual Harassment TrainingWrongful Termination

Areas of Experience

• Juris Doctor, April, 1995. Cum Laude. J. Reuben Clark Law School, Brigham Young University, Provo, Utah.

• Bachelor of Science, Psychology, April 1992. Brigham Young University, Provo, Utah.

Education

• Speaker, 2009 UCIP Annual Human Resource Director Conference. “FMLA—What Do I Need to Know?”

• Speaker, 2008 UCIP Annual Risk Managers Conference. “Updates in Employment Law.”

Representative Seminars

Kristin VanOrman is the employment law group practice group leader at Strong and Hanni. For the past 14years, she has had extensive experience defending clients in employment cases ranging from wrongful dis-charge, hostile workplace, discrimination, ADA and FMLA claims. She has been actively involved in all aspectsof employment law ranging from the drafting of policy and procedure manuals, to procuring a response to laborcommission charges, to full blown litigation, including handling of class actions suits initiated by the EEOC.

Biography and Experience

Served as Speaker/Panelist or Articles Written

64

Page 71: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Charles G. Meyer, IIILeClairRyan951 East Byrd StreetEighth FloorRichmond, VA 23219Phone: (804) 783-7535Fax: (804) 783-7663Cell: (804) 714-7473Email: Charles.Meyer@

leclairryan.comwww.leclairryan.com

Mr. Meyer recently represented a national emergency medical response company that was sued for hostile workenvironment and unlawful harassment, as well as respondeat superior liability for alleged sexual assault andbattery. After a three day jury trial in Richmond Circuit Court, the jury returned a defense ver dict in favor of theclient on all causes of action.

Mr. Meyer represented a national healthcare provider in an action for gender discrimination and retaliationunder Title VII filed in the Eastern District of Virginia. After the Plaintiff was passed over for promotion and laterterminated, she claimed that she was denied promotion because of her gender and was terminated in retalia -tion for complaining about it. After conducting extensive discovery, Mr. Meyer obtained summary judgment onall causes of action.

Mr. Meyer represented a national auto parts retailer who had been sued for disability discrimination and retal -iation under the ADA after the plaintiff refused to return to work following a worker’s compensation claim. Mr.Meyer obtained summary judgment on all causes of action.

Representative Trials

LeClairRyan VIRGINIA

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Virginia Business Magazine’s Legal Elite, 2003 – 2009

• Virginia Rising Star’s Super Lawyer, 2006-2009

• The Best Lawyers in America, 2009

Honors and Awards

• In 1988, Mr. Meyer received his B.A., summa cum laude, from Yale University, where he also was elected to PhiBeta Kappa. He later graduated from Cambridge University with a Masters of Philosophy in 1989 and re-ceived his J.D. from the University of Virginia School of Law in 1992.

Education

• “Employment Law Issues for the Small Business Owner,” Edward Jones Professional Broadcast Series, St.Louis, Missouri, June 11, 2008

• “Managing Generational Changes in the Workplace,” LeClairRyan Labor & Employment Seminar,Charlottesville, VA, April 24, 2008

• “Managing Employee Leave: The Interplay Between the FLMA, ADA, USERRA, and Worker’s Compensation,”LeClairRyan Labor & Employment Seminar, Richmond, VA, September 2007

• “Freedom of Expression in the Marketplace,” Lohrman Education Seminar, Roanoke, VA, January 2007

• Virginia Bar Association Labor & Employment Conference, “Learning to Think and React Like a SeasonedEmployment Lawyer,” October 2006

Representative Seminars

Charles G. Meyer III is vice president and a shareholder with LeClairRyan, where he serves as Chair of the Firm’sLabor and Employment Group. Mr. Meyer focuses on employment litigation and counseling and representsemployers in a wide variety of employment litigation matters, including defense of wrongful discharge claims;ADA disability claims and age discrimination actions filed under the ADEA; claims for relief under the FamilyMedical Leave Act and Fair Labor Standards Act; and claims of unlawful harassment and discrimination underTitle VII. In addition to counseling employers concerning personnel policies and employment discrimination,Mr. Meyer has successfully tried more than forty jury trials and numerous bench trials in state and federal court.He also regularly represents employers before the Equal Employment Opportunity Commission, the VirginiaWorkers Compensation Commission, and the Virginia Employment Commission.

Prior to joining LeClairRyan in 1998, Mr. Meyer served as in-house counsel for United States Fidelity & GuarantyCompany and previously was associated with McGuire, Woods, Battle & Boothe.

Biography and Experience

Served as Speaker/Panelist or Articles Written

65

Page 72: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Sheryl J. WillertWilliams KastnerTwo Union Square, Suite 4100601 Union StreetSeattle, WA 98101Phone: (206) 628-2408Fax: (206) 628-6611Email: swillert@williams

kastner.comwww.williams kastner.com

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. Cityof Seattle, City Attorney’s Office. Wrongful discharge/sex discrimination/unfair labor practice case) After hear-ings that lasted for approximately 3 months, we were able to get the superior court to declare that PERC had nojurisdiction over the City Attorney in a separate action, City of Seattle, City Attorney’s office v. Public EmployeesRelations Commission.

Puyallup School District in Thomas, et al. v. Puyallup School District. The class action suit was brought by 55plaintiffs alleging race discrimination against the school district. The case settled.

Representative Trials

Williams Kastner WASHINGTON

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWCAB-132a MattersWrongful Termination

Areas of Experience

• Top Lawyer in Labor Law by Seattle Magazine.

• In 2007, Ms. Willert was designated by the Puget Sound Business Journal as one of the region’s “Women ofInfluence,” a recognition of women in commerce, service and philanthropy who are “a force in the Seattlecommunity.”

• Fellow American College of Trial Lawyers

• Super Lawyer every year since 1998

• Listed in The Best Lawyers in America for more than 15 years

Honors and Awards

• B.A. degree with distinction from Duke University in 1975.

• J.D. degree from Vanderbilt University in 1978.

Education

• Panelist, “Reductions in Force: Reducing the Legal and Personal Risks,” Williams Kastner Labor & EmploymentHalf-Day Seminar, Seattle, WA, March 12, 2009.

• Presenter, “Building a Book of Business for Attorneys of Color,” King County Bar Association, February 4, 2009.

• Presenter, “Terminations and Reductions in Force,” Yakima Valley Human Resources Association, Yakima,WA, January 28, 2009.

• Co-Presenter, “Employment Law Update,” Washington State Medical Group Management Association webi-nar, Seattle, WA, January 27, 2009.

• “Never on a Sunday: Termination and Layoff Advice,” Associated General Contractors of Washington round-table discussion, Seattle, WA, October 28, 2008.

• The Minority Counsel Symposium, Johnson & Johnson Corporate Diversity Focus Group, Fall 2008.

• Moderator, "EEO Update," ABA Section of Labor and Employment Law, Seattle, WA, May 6, 2009.

Representative Seminars

Sheryl Willert is Managing Director of Williams Kastner where she concentrates her practice on counseling, in-vestigations, litigation and alternative dispute resolution experience. She has litigated cases involving all as-pects of employment law for both unionized and nonunionized employers in both the public and private sector.She is a national speaker and author on such topics as sexual harassment, age discrimination, and race dis-crimination, and has successfully defended individuals and corporations in such matters.

Ms. Willert is a past President of the Defense Research Institute (DRI), the nation’s largest association of civil lit-igation defense attorneys. Ms. Willert currently serves as Chair of the Board of the National Foundation forJudicial Excellence and has been recognized by Washington Law & Politics magazine as a Super Lawyer® everyyear since the publication began its annual review of Washington’s top lawyers in 1998. Sheryl was also nameda Top Lawyer in Labor Law by Seattle Magazine.

Biography and Experience

Served as Speaker/Panelist or Articles Written

66

Page 73: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Kevin A. NelsonHuddleston Bolen LLPPost Office Box 3786Charleston, WV 25337-3786Phone: (304) 720-7545Fax: (304) 344-4309Cell: (304) 550-3844Email: knelson@huddleston

bolen.comwww.huddlestonbolen.com

ABB, Inc. v. Greenbrier Technology and Hylton. Mr. Nelson successfully represented ABB on a counterclaimbrought by both defendants for alleged violations of the Trade Secret Act as well as various common law torts.The matter was tried to verdict.

Reed v. Sears & Roebuck Co., 426 S.E.2d 539, 544 (1992). Successfully represented Sears on appeal in a retaliatorydischarge case.

Representative Trials

Huddleston Bolen LLP

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Recognized for the past two years as one of The Best Lawyers in America for his work on behalf of employersin Labor and Employment Law.

Honors and Awards

• Wake Forest, B.A. in History, 1980, graduated cum laude and With Honors in History

• Washington & Lee University School of Law, J.D., 1983, member, Law Review

Education

• “The American Recovery and Reinvestment Act Is ‘Stimulating’ Work for Human Resource Practitioners,” TheVoice, DRI Publication, April 1, 2009.

• “Electronic Records Retention: How Not to Become a Defendant,” NBI National Teleconference Seminars,December 2008, May 2009.

• “Employee Discharge and Documentation: How Not to Become a Defendant,” NBI Seminars, May 2008,September 2009.

Representative Seminars

Kevin Nelson’s primary emphasis in his more than 20 years of practice has been in employment law, where hehas litigated matters involving trade secrets, discrimination, and wrongful discharge. He also provides his clientswith risk management advice and review on a variety of employment matters including hiring, discipline, dis-crimination, discharge, promotion and demotion, benefits, and employee handbooks. He is also a frequentspeaker on labor and employment issues and has served as a mediator in a variety of employment matters.

Biography and Experience

Served as Speaker/Panelist or Articles Written

67

WEST VIRGINIA

Page 74: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Scott K. SheetsHuddleston Bolen LLP611 Third AvenueHuntington, WV 25701Phone: (304) 691-8418Fax: (304) 522-4312Email: ssheets@huddleston

bolen.comwww.huddlestonbolen.com

Dennis Gibson v. Chapman Printing Company – Mr. Sheets successfully defended a local regional printing com-pany which had been sued for workers’ compensation discrimination in connection with an employee’s termi-nation some time following a return to work post-injury. After trial in state court, the jury found in favor of theemployer, and the case was dismissed.

Michael W. Vance v. Mullican Flooring, LP – Mr. Sheets obtained the dismissal from the West Virginia HumanRights Commission of a complaint of age and disability discrimination brought by a former employee againsta regional lumber mill in connection with the employee’s termination for failure to return to work after ex-hausting all leave and being released for work following a work-related accident.

2205 Fifth, LLC v. Alcon Laboratories v. Applied Card Systems, Inc. – Mr. Sheets successfully obtained summaryjudgment on the plaintiff’s complaint in U.S. District Court on behalf of a regional credit card processing com-pany in a suit alleging, inter alia, commercial lease violations and claims of contribution and indemnity.

Representative Trials

Huddleston Bolen LLP

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk AnalysisEEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Employment Risk RealitiesSeminar

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Sheets has been selected as a 2009 Chambers/USA Guide to America’s Leading Business Lawyers in thearea of Labor and Employment.

Honors and Awards

• Marshall University, B.A. History, summa cum laude, 1983

• The College of William and Mary School of Law, J.D., 1986

Education

• “The Employee Free Choice Act: Analysis and Compliance,” National Business Institute (sole contributingauthor and speaker – 2009).

• “Employment Law Developments: 10 Things to Know Before Firing an Employee,” West Virginia ContinuingLegal Education (contributing author and speaker – 2008).

• “Compensation Issues Under Revised FLSA Regulations” and “Hot Topics: The Latest Interpretations ofCurrent Employment Law,” Sterling Education Services, Inc. (contributing author and speaker – 2007).

• “Privacy in the Workplace and Conducting an Internal Investigation” and “Protecting At-Will Employment,”Sterling Education Services, Inc. (contributing author and speaker – 2006 and 2009).

• “Limiting Employer Liability for Sexual Harassment” and “The Ultimate Right to Fire – It Can Be Done Safely,”Sterling Education Services, Inc. (contributing author and speaker- 2005).

Representative Seminars

Scott Sheets has practiced in the labor and employment law area since joining Huddleston Bolen in 1986. Herepresents employers in trial, mediation, and appeals at all levels of state and federal courts and administrativeagencies in connection with claims of wrongful termination, harassment, discrimination, unemployment, work-ers’ compensation, unfair labor practices, OSHA citations, and other labor and employment-related areas. Hispractice also includes consultation with employers in general areas of labor and employment such as contractnegotiations, employee handbooks, disciplinary proceedings, and the defense of grievances and arbitrations.

Biography and Experience

Served as Speaker/Panelist or Articles Written

68

WEST VIRGINIA

Page 75: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Patrick J. LubenowSmithAmundsen LLC4811 S. 76th Street, Suite 306Milwaukee, WI 53220Phone: (414) 282-7103Fax: (414) 282-1830Cell: (262) 909-7917Email: plubenow@

salawus.comwww.salawus.com

Kenneth Brown v. Aldridge Electric, Inc. Patrick tried and won this case which involved a claim that AldridgeElectric violated Section 102.35(3) Wis. Stats. for failing to rehire after he was cleared to return to work follow-ing his workers compensation injury.

Clifton Rayfield v. Saga Communications. Patrick tried and won this case which involved a claim of age and racediscrimination. Patrick showed that Mr. Rayfield was terminated for poor performance and not due to race or age.

Representative Trials

SmithAmundsen LLC WISCONSIN

ADA MattersAge DiscriminationCivil Rights MattersConsultations/Risk AnalysisEEOC and DFEH Mediations

Employment Risk RealitiesSeminar

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationRetaliationSex/Gender DiscriminationSexual HarassmentWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Lubenow graduated from the University of Wisconsin at Madison with a Bachelor of Arts degree in 1981.He received his Juris Doctor degree from the University of Wisconsin School of Law, cum laude, in 1984.

Education

Patrick Lubenow has handled employment matters since 1997 in State and Federal courts and administrativeagencies. He has handled employment cases involving discrimination (disability, FMLA, age, race, gender, con-viction/arrest record, religion, national origin); employment torts (defamation, intentional infliction of emo-tional distress); and wage commission and other compensation issues (FLSA and Wisconsin Wage Law, andunpaid wages and overtime).

Biography and Experience

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Page 76: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Scott E. OrtizWilliams, Porter, Day, &

Neville PCPO Box 10700Casper, WY 82602Phone: (307) 265-0700Fax: (307) 266-2306Cell: (307) 267-1569Email: [email protected]

Douglas v. Orkin: Mr. Ortiz represented the employer who was charged with breach of contract and breach ofthe covenant of good faith and fair dealing. Two week jury trial, federal court, before the Honorable AlanJohnson.

Walker v. Toolpushers Supply Company: Mr. Ortiz represented the employer against charges of gender-based dis-crimination. 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 tohire based on racial discrimination. Two week jury trial, federal court, before the Honorable Clarence Brimmer.

Representative Trials

Williams, Porter, Day and Neville PC WYOMING

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining EEOC and DFEH MediationsEmployment Policy and

Procedure Manuals

Hostile Work EnvironmentInvestigation of Employee

Complaints SeminarNational Origin DiscriminationRace DiscriminationReductions in ForceReligious Discrimination

RetaliationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Scott Ortiz has been referenced in USA Chambers, as one of Wyoming’s top employment lawyers since 2003.

• He is also referenced as a top employment lawyer in Best Lawyers

• Mr. Ortiz has received an AV rating from Martindale-Hubbell

Honors and Awards

• JD, 1988, with honors, University of Wyoming School of Law

• BA, 1985, University of Wyoming

Education

• Lorman Education Services: Provides frequent seminars regarding employment-related issues

• Methamphetamine Prevention Conference: Yearly presentation regarding drug testing issues in the workplace.

• Frequently retained by large employers to present in-house training to management employees regardingemployment issues

Representative Seminars

Scott Ortiz has had a trial practice, since 1992, specializing in labor and employment law, professional negli-gence claims, defense of transportation carriers, and oil and gas related litigation. He has successfully defendedmore than 50 jury trials in state and federal court. He has also successfully defended public and private em-ployers in dozens of contested case hearings, and management rights in more than 75 labor arbitrations in amulti-state area. His clients include regional and county hospitals, individual health care practitioners andother professionals and their insurers, city and county entities, community colleges, utility companies, oil andgas companies, transportation carriers and their insurers, and many private employers.

Biography and Experience

Served as Speaker/Panelist or Articles Written

70

Page 77: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Hervé LaigoCampbell, Philippart, Laigo &

Associés45, avenue Montaigne75008 Paris - FrancePhone: 33 (1) 47 23 64 82Fax: (33 (1) 47 23 37 74)Email: [email protected]

Personally, I do not represent clients before the courts, being an “avocat conseil”(adviser). As a consequence, tri-als for clients are taken in charge by specialized trial avocats of our firm with my assistance when necessary.

Representative Trials

Campbell, Philippart, Laigo & Associés FRANCE

Age DiscriminationCollective Bargaining Consultations/Risk Analysis

Employment Policy andProcedure Manuals

National Origin DiscriminationRace Discrimination

Reductions in ForceSexual HarassmentWage & Hour claimsWrongful Termination

Areas of Experience

• Legal counsel in Bordeaux, 1972 and in Paris, 1976, member of the Paris Bar 1992.

• Partner of Campbell, Philippart, Laigo & Associés since 1988

• Rennes University Law Faculty (graduated 1969)

• Entrance examination for the National School for Judges (1969)

Education

• Relationship with the Employment/social Authorities (cahier Syncods 1978)

• Author of various articles concerning Employment/Labour and participation and a frequent speaker at sym-posiums on Employment/Labour

Representative Seminars

Activity covers the whole gamut of employment law and includes the various social security regimes. Practiceextends from drafting employment contracts, employee-employer agreements, employees’ bills of rights, profitsharing plans and the management of employment issues (discipline, discrimination, strike action, relationswith workers’ representatives) to contract termination, employment law aspects of acquisitions however struc-tured and the harmonisation of employment contracts and policies within international groups.

Biography and Experience

Served as Speaker/Panelist or Articles Written

71

Page 78: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Dr. Tobias SchommerAlpers & Stenger PartnerschaftColonnaden 5Hamburg, Germany D-20354Phone: +49(0)40 3553 360Fax: +49(0)40 3553 3663Cell: +49(179)1261 942Email: tschommer@

alpers-stenger.dewww.alpers-stenger.de

In corporation with TELFA-Network: Harmonization projects for large worldwide operating companies to har-monize their employment contracts and employment policies within the European Community.

Berlin: Acquisition of a business by transferring it from an insolvency administrator to an investor combinedwith a staff reduction of 50%; negotiation of social compensation plan with the works council and union.

Hamburg: Division of a business by splitting the minor part to a new company and closing down the remain-ing part of business.

Representative Trials

Alpers & Stenger Partnerschaft

ADA MattersAge DiscriminationCivil Rights MattersCollective Bargaining Consultations/Risk Analysis

Employment Policy andProcedure Manuals

Hostile Work EnvironmentNational Origin DiscriminationRace DiscriminationReductions in Force

Religious DiscriminationSex/Gender DiscriminationSexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Schommer is a certified specialist lawyer in employment and labor law since 2004.

Honors and Awards

• Law school in Kiel and Freiburg/Breisgau 1990 - 1995

• Admitted to the bar in 2000

• Previously managing director of an employers’ association

Education

• Labour and Employment UPDATE, (author and speaker annually since 2006)

• Anti Discrimination Seminar (author and Speaker in 2006)

Representative Seminars

Tobias Schommer has been working as a lawyer since 2000 and heads the Employment Team at Alpers & Stenger.His fields of activity comprise consultation on restructuring measures (transfer of undertakings, staff reduc-tion, outsourcing) with regard to labor law, negotiation of agreements on the reconciliation of interests, socialcompensation plans and special arbitration procedures concerning the conciliation board and advice on mat-ters of works constitution and corporate codetermination and social security law. In addition, he focuses onlaw of service contracts of board members and managing directors. Mr. Schommer worked for a large Germanemployers’ association for several years. As its managing director, he was able to gain experience in acting onbehalf of international and domestic companies with regard to labor and employment law and in negotiatingcollective bargaining agreements.

Biography and Experience

Served as Speaker/Panelist or Articles Written

72

GERMANY

Page 79: EMPLOYMENT AND ABOR AW TTORNEYS · Labor Law Group provides top-quality, effective, and cost-efficient legal services to private and public sector employers facing a broad spectrum

Richard IshamWedlake Bell52 Bedford RowLondon, UK WC1R 4LRPhone: (0044) 207-395-3133Fax: (0044) 207-406-1601Email: risham@

wedlakebell.comwww.wedlakebell.com

Mr. Isham acted for the successful appellant, Michael Peters Ltd, in a leading case on business transfers (in-volving the application of the Transfer of Undertakings (Protection of Employment) Regulations), Michael PetersLtd & Others v Ian Farnfield

Mr. Isham acted for the then CEO of Debenhams plc in her (unsuccessful) bid to lead a private equity backedMBO of the business; Richard then acted for her on her appointment as CEO of the leading fashion retailer,Jaeger

Mr. Isham acted for the team of financial analysts on their departure from Cazenove and assisted them in thesuccessful setting up of their independent (and competing) business, Atlantic Equity Partners.

Representative Trials

Wedlake Bell

Age DiscriminationCollective Bargaining Consultations/Risk AnalysisEmployment Policy and

Procedure ManualsHostile Work Environment

National Origin DiscriminationRace DiscriminationReductions in ForceReligious DiscriminationRetaliationSex/Gender Discrimination

Sexual HarassmentSexual Harassment TrainingWage & Hour ClaimsWrongful Termination

Areas of Experience

• Mr. Isham is recognized as an “expert” in employment law by Legal 500 and Legal Business and appears in theLegal Experts 2009, Legal Business Report.

• Mr. Isham sits on the Employment Lawyers’ Association’s Legislative & Policy Committee and has chairedand contributed to responses to requests for consultation from the UK Government on drafts of new legisla-tion and regulation in UK employment law

Honors and Awards

• University of Exeter – LLB 1981

Education

• Mr. Isham is the author of the chapter on “Age Discrimination” for Employment Law published by Tolley’s (aleading publisher of legal books).

• Mr. Isham wrote the chapter on “Removal of Directors” in The ICSA Directors Handbook, published by ICSAInformation & Training Ltd (the publishing business for the Institute of Chartered Secretaries andAdministrators).

Representative Seminars

Richard Isham is a partner in the employment team at Wedlake Bell, Solicitors. He set up the team in 1996 andhas extensive experience in advising on both contentious and non contentious aspects of employment law. Mr. Isham mainly acts for employers in a wide variety of sectors, including: retail, hotels and leisure, sports,healthcare, IT, financial services, logistics, publishing and recruitment. He and his team also act for senior ex-ecutives advising on their offers of employment, contracts, bonus terms, restrictive covenants and terminationprovisions. Mr. Isham also advises on partnership and LLP Members’ Agreements.

Wedlake Bell is a top 100, full service law firm with 43 partners based in London and Guernsey. It is a foundermember of the Trans European Law Firms Alliance (TELFA), a network of independent law firms from each ofthe Member States of the European Union, Free Trade Area and accession states.

Biography and Experience

Served as Speaker/Panelist or Articles Written

73

UNITED KINGDOM