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Employment Discrimination Law & Litigation 2013


Speaker(s): Alan M. Koral, Anne C. Vladeck, Charles W. Fournier, Darnley D. Stewart, Debra L. Raskin, Edward Hernstadt, Elizabeth Grossman, Gerald T. Hathaway, Hon. Denny Chin, Hon. James C. Francis IV, Hon. Loretta A. Preska, Katharine H. Parker, Louis P. DiLorenzo, Louis Pechman, Mary Schuette, Michael Delikat, Ned H. Bassen, Pearl Zuchlewski, Susan Ritz, Theodore O. Rogers, Jr.
Recorded on: Jun. 20, 2013
PLI Program #: 41776

Alan M. Koral is a Vedder Price P.C. shareholder and heads the firm’s Labor and Employment Practice Area in the New York offi ce. He represents and counsels domestic and international corporations with respect to litigation matters, administrative hearings and investigations, as well as general employment and labor law.

Mr. Koral has written and lectured extensively on labor and employment law matters. He has written numerous articles and is the author of two books, Conducting the Lawful Employment Interview (4th ed. 1992) and Employee Privacy Rights (1988), and has edited Chapter 7 (on religious discrimination) of the second edition of Schlei & Grossman’s Employment Discrimination Law (1983).
 
In 1985, Mr. Koral was appointed by Governor Mario Cuomo to the New York State Human Rights Advisory Council, and was later appointed by Governor Pataki to the New York Human Rights 50th Anniversary Advisory Committee. He serves on the Advisory Committee for labor and employment programs of the Practising Law Institute and the National Advisory Board of the Hofstra Labor and Employment Law Journal.

Mr. Koral was Chair of the New York State Bar Association’s Labor and Employment Law Section, 2008–2009, and has been a member of the Section’s Executive Committee for many years. He is currently co-chair of the International Employment Law Committee of the International Law Section of the American Bar Association and is also a member of the EEO Committee of the ABA’s Labor and Employment Law Section.

Mr. Koral is a Fellow of the American College of Labor and Employment Law and is a member of the Board of Visitors of the CUNY School of Law and St. John’s University
Law School Labor and Employment Law Board of Advisors. He has been named in New York Super Lawyers in 2006, 2007, 2008, 2009 and 2010 and is listed in Who’s Who in American Law and Who’s Who.

Emphasis
Labor and Employment

Education
J.D., University of Chicago, Associate Editor, The University of Chicago Law Review


Louis has practiced labor and employment law for more than 35 years and is managing member of the firm's New York City office.

Louis represents employers and management in all aspects of labor and employment law. His areas of experience include collective bargaining, workplace investigations, NLRB proceedings, labor audits, supervisory training, wage and hour issues, arbitration, jury trials in both state and federal courts, wage incentive plans, OFCCP audits and proceedings, employment litigation before the EEOC and the Human Rights Division and alternative dispute resolution techniques. Louis also serves several insurance companies as panel counsel (e.g., AIG and Chubb) with respect to employment litigation matters. From 2002-2004, he served as General Counsel and Secretary to Agway, Inc., a Fortune 500 Company.

Louis co-authored the FDCC Quarterly article entitled Employers' Settlement Agreements with Departing Employees Under Attack, Vol. 57, No. 3, Spring 2007. He also co-authored a complete guide for business managers and HR professionals written in plain English entitled, What Every Business Manager and HR Professional Should Know About ... Federal Labor and Employment Laws and a two volume treatise entitled Corporate Counseling (1988) and was a contributing author to Public Sector Labor Law (1988). Louis is also on the editorial board of the two volume treatise entitled New York Civil Practice Before Trial (2001). He has authored and co-authored numerous articles on various labor and employment law topics. Louis' published articles include: "Enforcing Employer-Employee Arbitration Agreements After Circuit City", 18 Fordham University Law Journal 27 (2001); "Forging a Strategy to Combat Sympathy Strikes", 29 Syracuse Law Review 847 (1978); "Mid Term Bargaining Over Unit Work Transfers", 45 CCH Labor Law Journal No. 7 (1994); "The Growing Menace: Violence in the Workplace", 67 New York State Bar Journal  1 (Jan. 1995); "Civility and Professionalism", 68 New York State Bar Journal No. 1 (Jan. 1996); "Workers' Compensation Discrimination in New York: Is It Really LoDolce Vita?", 32 New York State Bar Journal 220 (June 1982); "Employer Liability for Sexual Harassment After Ellerth and Faragher", 6 Duke University of Gender Law & Policy No. 1 (1999); two articles on Title IX and Intercollegiate Athletics, 6 Journal of College and University Law 61 (1980); "Screening Applicants for a Safer Workplace", HR Magazine, p. 55 (March 1995); "After-Acquired Evidence in Employment Discrimination Cases", 19 New York State Bar Association Labor and Employment Law Newsletter No. 2 (1994); and "Employer's Responsibilities Under 1986 Immigration Act and COBRA", The CPA Journal p. 32 (May 1988). In May of 1996 Louis was interviewed extensively in a Forbes Magazine cover story on Sexual Harassment. In their January 2003 issue, the Corporate Legal Times described him as the "Great Negotiator". He was also featured in the United Educator's video entitled "Sexual Harassment in Academia, No Real Winners", and has been quoted in several publications including Business Week.

Louis has been a key speaker at numerous seminars throughout the United States and other countries on a wide variety of Labor and Employment Law topics. In addition, he has lectured to: various university groups, including the College and University Personnel Association; local, state and national SHRM Conferences; and a number of national and regional business associations.

Honors and Affiliations

Listed in:

The Best Lawyers in America® 2016, Employment Law - Management; Labor Law - Management; Litigation - Labor and Employment

Best Lawyers' 2013 New York City Labor Law - Management Lawyer of the Year

Chambers USA 2015

Expert Guides, The Best of the Best USA 2015

HR Executive Magazine, 2010-2015 Top Ten Labor Lawyers in the U.S.

Martindale-Hubbell®, AV Preeminent Rated, 20th Anniversary Year Top-Rated Lawyer in Labor & Employment Law

“Nation’s Most Powerful Employment Attorneys – Labor,” Human Resource Executive® 2015

“Nation’s Most Powerful Employment Attorneys – Labor,” Human Resource Executive® 2014

New York Super Lawyers 2015®, Employment & Labor

Who's Who in America

Who's Who in American Law

New York State Bar Association, Past Chair, Labor and Employment Law Section; Past

Chair, Young Lawyer's Section

Fellow, College of Labor and Employment Law Lawyers

Fellow, Litigation Counsel of America

Fellow, New York State Bar Foundation

Member, Federation of Defense & Corporate Counsel

Member, Worldwide Employment Law Alliance

Editor, New York State Bar Journal

Adjunct Professor, Syracuse University's School of Management

Former Co-Chair, St. John's University Law School's Employment Law Institute

Representative Presentations

Workplace Harassment Misconceptions & Mistakes and How to Avoid Them, Breakfast Keynote, 2015 Central New York SHRM Conference, 6/12/15

Retaliation and Whistleblower Claims, Co-Presenter, Practising Law Institute's Understanding Employment Law 2015, 3/27/15

Keynote Speaker, CNY SHRM Conference Sharpen Your Skills: Cutting Edge HR Strategies, 6/20/14

Employment Discrimination Law & Litigation 2014, Practising Law Institute, 6/18/14 Retaliation and Whistleblower Claims, Co-Presenter, Practising Law Institute's Understanding Employment Law 2014, 3/28/14

Defending Against Whistleblowers and Retaliation Claims: Including the Ten Things You Never Want to Admit You Did, National Association of Educational Procurement, Upstate NY Fall Conference, 10/10/13

FLSA Current Case Studies, SUNY Human Resources Association 2013 Annual Conference, 10/3/13

Defending Against Whistleblowers and Retaliation Claims: The 10 Things You Never Want to Have to Admit, 2013 CNY SHRM Conference, 6/7/13

Representative Publications

Louis P. DiLorenzo, Howard M. Miller and Christopher T. Kurtz, "Striking Out A-Rod: The Faithless Servant Doctrine," Law360, 2/14/14

DiLorenzo, "10 Things You Never Want to Have to Admit in a Retaliation Case," HR Specialist, New York Employment Law, 7/13

DiLorenzo, "Enforcing Employer-Employee Arbitration Agreements After Circuit City", 18 Fordham University Law Journal, 2001

DiLorenzo, "Employer Liability for Sexual Harassment After Ellerth and Faragher", 6 Duke University of Gender Law & Policy No. 1, 1999

DiLorenzo, "Civility and Professionalism", 68 New York State Bar Journal No. 1, 1/96 DiLorenzo, "The Growing Menace: Violence in the Workplace", 67 New York State Bar Journal 1, 1/95

DiLorenzo, "Screening Applicants for a Safer Workplace", HR Magazine, p. 55, 3/95 DiLorenzo, "After-Acquired Evidence in Employment Discrimination Cases", 19 New York State Bar Association Labor and Employment Law Newsletter No. 2, 1994 DiLorenzo, "Mid Term Bargaining Over Unit Work Transfers", 45 CCH Labor Law Journal No. 7, 1994

DiLorenzo, "Employer's Responsibilities Under 1986 Immigration Act and COBRA", The CPA Journal p. 32, 5/88

DiLorenzo, "Workers Compensation Discrimination in New York: Is It Really LoDolce Vita?", 32 New York State Bar Journal 220, 6/82

DiLorenzo, "Forging a Strategy to Combat Sympathy Strikes", 29 Syracuse Law Review 847, 1978

Practice

Labor and Employment

Education

State University of New York at Buffalo School of Law (J.D., 1976)

Syracuse University (B.A., 1973)

Bar/Court Admissions New York

U.S. Supreme Court


Elizabeth Grossman is Regional Attorney in the New York District Office of the United States Equal Employment Opportunity Commission, where she has worked, also as a Trial Attorney and Supervisory Trial Attorney, since 1993. As Regional Attorney, Ms. Grossman is responsible for the Commission’s litigation in the New York District which includes New York, Northern New Jersey, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire, and Maine.  The litigation docket of the New York District Office includes some of the Commission’s largest class cases. Ms. Grossman makes frequent presentations to bar associations, law schools, non-profit organizations and employers.  She has also provided many interviews to national television, newspaper and radio press.  Ms. Grossman has served as a volunteer community mediator with both the Institute for Mediation and Conflict Resolution and the Brooklyn Mediation Center, affiliated with Victim’s Services Association.   Ms. Grossman was named by the Wall Street Journal as one of fifty “Women to Watch” in 2004 and was awarded a 2005 Service to America Medal by the Partnership for Public Service and the Atlantic Media Company.  Ms. Grossman attended the University of Michigan and the University of Michigan Law School.


Judge Preska was appointed United States District Judge for the Southern District of New York on August 12, 1992 and entered duty on September 18, 1992.  From June 1, 2009 to the present, she serves as Chief Judge of that Court.  Judge Preska received a B.A. from the College of St. Rose in Albany, New York in 1970, a J.D. from Fordham University School of Law in 1973, and an LL.M. in Trade Regulation from New York University Law School in 1978.

Following graduation from Fordham, Judge Preska was an associate at Cahill Gordon & Reindel LLP and an associate and, beginning in January 1983, a partner at Hertzog, Calamari & Gleason until her induction as a United States District Judge in September 1992.  Judge Preska was nominated to the Second Circuit Court of Appeals in September 2008.  She received the Louis J. Lefkowitz Public Service Alumni Award from Fordham University School of Law in 1992 and served several terms as a Vice President on the Board of Directors of the Fordham Law Alumni Association.  The Fordham Law Alumni Association awarded her its Medal of Achievement in 1998.  She received a Doctorate of Humane Letters, honoris causa, from the College of St. Rose, Albany, New York, in 1998, the Edward J. Weinfeld Award from the New York County Lawyers Association Federal Courts Committee for Excellence in the Administration of Justice in 2001, the Charles Carroll Award from the Catholic Lawyers Guild in 2004, the Stanley H. Fuld Award for outstanding contributions to the development of commercial law and jurisprudence in New York State from the Commercial and Federal Litigation Section of the New York State Bar Association in 2009, the President’s Special Award from the New York Women’s Bar Association in 2011, the Barbara Jordan Outstanding Public Service Award from Phi Alpha Delta Law Fraternity International in 2012, the Women in Business Law Lifetime Achievement Award in 2013, the Boris Kostelanetz President’s Medal from the New York County Lawyers Association in 2014, the James Madison Award from the New York City Lawyers Chapter of the Federalist Society in 2014, and the Honorable John E. Sprizzo Award for commitment to the Rule of Law from St. John’s Law School in 2015.  She has lectured at Securities Industry Association Legal & Compliance Division, the International Bar Association, and numerous other venues, and was a contributing author to Federal Civil Practice published by the New York State Bar Association in 1989.

Judge Preska is a member of the Federal Bar Association, the Federal Bar Council, the New York County Lawyers Association, and the New York State Bar Association.  She has served as a member of the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States, as chair of the Benchbook Advisory Committee, the Board of Directors of the Federal Judicial Center, and currently serves on the New York Federal-State Judicial Council.  Judge Preska has also served on the Advisory Board of the New York Chapter of the Federalist Society and, from 2001-2009, on the New York Regional Panel for the Selection of White House Fellows.  Judge Preska has also served as a Trustee of Fordham University.


Charles W. Fournier is Senior Vice President, Employment Law, for NBCUniversal, where he is in charge of all employment law matters for NBC, Telemundo, Universal Studios, Universal Parks and Resorts, related cable networks and owned and operated television stations, and other media businesses throughout the world.  Prior to his present position at NBCUniversal, Mr. Fournier was in private practice in New York City for 18 years, most recently as a partner in the New York office of O'Melveny & Myers, where he specialized in labor and employment law and litigation. In addition to clients in the media and entertainment industries, Mr. Fournier has represented financial institutions, insurance companies, automobile manufacturers, and a variety of not-for-profit organizations. 

Mr. Fournier is a graduate of Yale Law School, where he was an editor of the Yale Law Journal. He also holds a Masters Degree in Anglo-American Legal History from Yale University and a Bachelors Degree from Trinity University. Mr. Fournier has been a guest lecturer at the New York University School of Law and the City University of New York, and he is a frequent speaker and panelist for bar and industry groups.


Darnley D. Stewart is a partner at the New York law firm of Giskan Solotaroff Anderson & Stewart LLP. Ms. Stewart has prosecuted class action cases against a number of large companies, including Ford Motor Company, Gerber, Coastal Corporation, First Union Bank, National Car Rental, General Motors, Nissan, Toyota, and Bank of America.  In connection with her work on Coleman, et al. v. General Motors Acceptance Corporation, Ms. Stewart was named as a finalist for "Trial Lawyer of the Year" in 2004 by the Trial Lawyers for Public Justice.  She is a member of the Class and Collective Action Committee of the National Employment Lawyers Association and serves as President of the Executive Board of the New York affiliate (NELA/NY) of that organization. She is also a member of the Technology in the Law and Workplace Committee of the American Bar Association's Labor and Employment Section and serves on the Board of Workplace Fairness. Ms. Stewart lectures regularly on employment class action issues, and has frequently commented in the media, including the Wall Street Journal, the New York Times, National Public Radio and the Today show, regarding issues raised in a variety of employment discrimination cases. 

 


Denny Chin is a United States Circuit Judge for the United States Court of Appeals for the Second Circuit. He was sworn in on April 26, 2010. 

Judge Chin graduated from Princeton University magna cum laude in 1975 and received his law degree from Fordham Law School in 1978.  After clerking for the Honorable Henry F. Werker, United States District Judge for the Southern District of New York, he was associated with the law firm Davis Polk & Wardwell from 1980 to 1982. He served as an Assistant United States Attorney in the Southern District of New York from 1982 until 1986, when he and two of his colleagues from the U.S. Attorney'Office started a law firm, Campbell, Patrick & Chin. In 1990, he joined Vladeck, Waldman, Elias & Engelhard, P.C., where he specialized in labor and employment law. 

From September 13, 1994, through April 23, 2010, Judge Chin served as a United States District Judge for the Southern District of New York.  He presided over both civil and criminal cases, including cases involving Megan's Law, the Million Youth March, Al Franken's use of the phrase "Fair and Balanced" in the title of a book, the Naked Cowboy, the Google Books settlement, and the United Nations Oil for Food Program.  He also presided over the trial of an Afghan warlord charged with conspiring to import heroin and the guilty plea and sentencing of financier Bernard L. Madoff.

Judge Chin has taught legal writing at Fordham Law School since 1986. While in private practice, he provided extensive pro bono representation to the Asian American Legal Defense and Education Fund. He served as President of the Asian American Bar Association of New York from January 1992 through January 1994. He has served on the boards of numerous non-profit organizations, including Hartley House, Care for the Homeless, the Clinton Housing Association, the Prospect Park Environmental Center, and the Fordham Law School Alumni Association.

Judge Chin was born in Hong Kong. He was the first Asian American appointed a United States District Judge outside the Ninth Circuit. He is presently one of only four federal appellate judges of Asian American descent on active status in the country.


Edward Hernstadt is an experienced employment attorney with a significant litigation and counseling practice.  Ed has successfully tried age, sex and racial discrimination cases before federal and state courts and arbitration panels.  His representation also includes negotiating agreements for senior executives in the banking, brokerage, retail, media and advertising industries, and providing advice to employers on how to avoid discrimination claims and how to investigate claims that have arisen.  Ed has been named both a New York’s "Best Lawyer" in Labor and Employment Law and a New York "Super Lawyer" in Employment Litigation annually since 2007.  Ed also has litigated a number of high-profile and complex intellectual property and First Amendment cases, as well as many commercial disputes. 

Ed is a Columbia University (B.A.) graduate and received his J.D. from the University of Pennsylvania School of Law (cum laude, Order of the Coif), where he was an Articles Editor of the Law Review.   He is a member of the Federal Bar Council American Inn of Court, and was co-Chairman of the Labor Relations and Employment Law Committee of the New York State Bar Association, Commercial and Federal Litigation Section and a former member of the Labor and Employment Law and Trademark Committees of the Bar Association of the City of New York.  He has appeared as a legal commentator on MSNBC, CNBC, CNNfn, and National Public Radio.   

Prior to launching Hernstadt Atlas PLLC in early 2008, Ed was a partner with Frankfurt Kurnit Klein & Selz, PC, an associate with Vladeck, Waldman, Elias & Engelhard, PC, and a law clerk for the Honorable Whitman Knapp in the United States District Court for the Southern District of New York.


Gerald T. Hathaway is a partner in the Labor & Employment Practice at Mitchell Silberberg & Knupp, resident in the Firm's New York office where he represents domestic and international corporations of all sizes, including Fortune 500 and Global Fortune 500 companies, in major labor and employment matters. Mr. Hathaway regularly advises multinational corporations regarding labor and employment issues that apply to local, national and international corporate transactions and financial restructuring, as well as massive reductions in workforce, including the Worker Adjustment and Retraining Notification Act (WARN) and Older Workers Benefit Protection Act compliance. He also represents management in collective bargaining, arbitrations and contentious litigation, and counsels management on avoiding employment litigation and grievances. Mr. Hathaway defends employers facing Equal Employment Opportunity Commission and National Labor Relations Board charges and private lawsuits, including discrimination class actions, Fair Labor Standards Act collective actions, and claims related to The Americans with Disabilities Act, The Age Discrimination in Employment Act, The National Labor Relations Act, The Labor Management Relations Act, Section 1981 and Title VII.

Mr. Hathaway has particular experience representing employers in the entertainment - film, television and theatre, banking and finance, healthcare, hospitality, advertising, fashion and luxury goods, newspaper, private equity, and transportation industries. 

A Contributing Editor to The Developing Labor Law, 6th Ed., Chapter 16, "Subjects of Bargaining," ABA Section of Labor and Employment Law, (BNA Books, 2012), Mr. Hathaway obtained his J.D. from the University of Pittsburgh School of Law and his B.A. from La Salle University. He has been named one of the "100 Most Powerful Corporate Employment Lawyers" by Human Resources Executive, included in the "International Who's Who of Management Labour & Employment Lawyers" by Who's Who Legal, and is a Fellow of the College of Labor & Employment Lawyers.  


Katharine Parker is a Partner in the Labor & Employment Law Department and co-head of the Employment Law Counseling & Training and Government Contractor Compliance & Relations Groups.

Katharine has extensive experience litigating employment disputes of all types, including claims alleging race, age, disability, and sex discrimination, retaliation, sexual harassment, wrongful discharge, violations of wage and hour laws, and breach of contract. She has represented employers in the financial services, media/entertainment, and retail industries in single plaintiff and class and collective actions, in administrative proceedings, and in various arbitration forums.

Complementing her employment practice, Katharine represents employee benefit plans and their fiduciaries and/or service providers in connection with lawsuits arising from single participant benefit claims and class actions. She has litigated the full range of employee benefit-related matters, including claims for medical, long-term disability, and pension benefits, as well as breach of fiduciary duty, in connection with the administration of 401(k) and other benefit plans and investments of plan assets.

Representative litigations include the defense of:

  • A Title VII class action involving claims of race discrimination in promotion and discipline and implementation and defense of claims in complex settlement claims process for a large public transportation provider
  • A Title VII and EPA class action involving claims of gender discrimination involving a large financial institution
  • The Board of Trustees of a public pension fund and a municipality in a 45,000+ person class action litigation involving challenges to actuarial calculations of pensions
  • The trustees and alleged fiduciaries of 401(k) plans, ESOPS and multiemployer welfare plans in a complex ERISA class actions involving claims of breach of fiduciary duty 
  • A multi-plaintiff ERISA action involving alleged breaches of fiduciary duty and benefit claims arising out of change in severance policy 
  • Various companies in single and multi-plaintiff age, religious, disability, race, pregnancy, harassment and gender discrimination matters especially in financial and media industries 
  • An interest arbitration for producers of Broadway theatrical productions 
  • A breach of employment agreement and asset purchase agreement claim against publisher in arbitration 
  • Numerous arbitrations involving claims of wrongful termination, breach of contract, breach of non-competition agreement, discrimination, negligent hiring, and other tort claims 

In addition to litigation, Katharine’s clients regularly call on her to provide advice on compliance with various laws affecting the workplace, including the FMLA, ADEA, Title VII, ADA, FLSA, and state wage and hour laws. She has extensive experience in assisting companies in the planning and execution of reductions in force, mergers, and other organizational changes affecting employees. Katharine assists clients in all aspects of planning and implementing Affirmative Action Plans and Diversity Programs, in conducting self-audits of employment practices and policies and compensation, and defending OFCCP audits. She also is frequently called upon to conduct internal investigations of discrimination and harassment issues.

Katharine is co-editor of Proskauer’s Government Contractor Compliance & Regulatory Update blog, which tracks the developments in the compliance arena for government contractors and sub-contractors, with a particular focus on developments involving the OFCCP and related agencies and departments. She speaks and writes on a multitude of topics, including social media and the workplace, background checks and hiring procedures, federal contractor compliance, glass ceiling and other class litigation, employee privacy issues, reductions in force, mediation of employment disputes, ethics in employment law, ADA, FLSA, whistleblowing laws, and the FMLA. Katharine also conducts management training with regard to EEO and anti-harassment laws, as well as hiring, evaluating, and terminating employees. In addition, she has taught classes on glass ceiling issues for Cornell University's extension program and as an adjunct professor of employment law at the Benjamin N. Cardozo School of Law. She has appeared on Fox News and WCBS News.

Related Practices

Class/Collective Action

Employment Litigation & Arbitration

Employment Law Counseling & Training

Government Contractor Compliance & Relations

Law Firm Practice Group

Accessibility & Accommodations

Reductions in Force / Managing Change

Financial Services

Non-Compete & Trade Secrets

Private Investment Funds Disputes

Education

Fordham University School of Law, J.D.
cum laude
Order of the Coif

Notes and Articles Editor, Fordham Law Review

Duke University, B.A.
cum laude

Bar Admissions

New York

Connecticut


Louis Pechman practices before federal and state courts and government agencies in all areas of workplace law, including employment discrimination, sex harassment litigation, union-management relations, employment contracts, non-competition agreements, independent contractor issues, and overtime and pay disputes. As a practitioner for over thirty years in the labor and employment field, Mr. Pechman offers both individual employees and employers practical guidance on improving the employment relationship and, where appropriate, terminating that relationship.

Mr. Pechman has been selected by his peers for inclusion in The Best Lawyers in America and as a New York Super Lawyer in the area of Labor and Employment Law since 2006.  Mr. Pechman is AV-rated by Martindale-Hubbell and has received a ”Superb” rating from Avvo.  He has also been selected as a Fellow of the American Bar Association, an honorary organization limited to 1% of attorneys who have demonstrated outstanding achievements and dedication to the highest principles of the legal profession.  Mr. Pechman moderates annual programs at the New York County Lawyers’ Association on “How to Handle an Employment Discrimination Case” and “How to Handle a Wage and Hour Case.” 

Mr. Pechman is one of the most experienced practitioners in New York in the fast emerging area of wage and hour law. Over the past decade, he has litigated over 100 federal and state court cases involving claims under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law. Mr. Pechman is also the founder of waiterpay.com, a site that focuses on the complex wage and hour issues in the New York restaurant industry.  He currently serves as Chair of the Restaurant and Hospitality Law Committee of the New York City Bar Association. Email: pechman@pechmanlaw.com


Mike Delikat, a partner in the New York office, serves as Chair of Orrick’s Global Employment Law Practice, which has employment law teams in the European Union, Asia as well as the United States. He also is the founder of the firm’s Whistleblower Task Force. He previously served as the Managing Director of Orrick’s Litigation Division.

Under Mr. Delikat’s leadership, Orrick’s Employment Law & Litigation group was recently named Labor & Employment Department of the Year in California by The Recorder, the premier source for legal news, in recognition of their significant wins on behalf of leading multinational companies on today’s most complex and challenging employment law matters. The practice group has also been chosen as one of the top national employment law practices by Law 360.

He represents a broad range of major corporations in all facets of labor and employment law. Mr. Delikat has an active trial, arbitration and appellate practice and handles a number of high-visibility class action and impact cases. Mr. Delikat has extensive experience with litigation arising from trade secret misappropriation and the enforcement of post-employment restrictions, EEOC systemic investigations and litigations, wage-and-hour collective actions and other class actions based on gender and race, with particular expertise representing companies in the financial services industry.

He currently has an active practice representing a number of major corporations in the defense of Sarbanes-Oxley Act and other whistleblower claims and is the coauthor of the only extensive treatise published on whistleblowing and internal investigations, Corporate Whistleblowing in the Sarbanes-Oxley/Dodd-Frank Era. He is regularly retained by boards of directors and audit committees to conduct high exposure internal investigations of corporate wrongdoing.

Mr. Delikat is published and quoted frequently on a variety of employment law issues in major academic and business publications and is a frequent speaker at national and international programs.

Related Practice Areas

  • Employment Law & Litigation
  • Corporate Whistleblowing
  • Internal Board and Corporate Investigations
  • Trade Secrets Litigation
  • Wage-and-Hour

Education

  • J.D., Harvard Law School, 1977
  • B.S., Cornell University, 1974

Honors

  • Consistently ranked by Chambers USA, in Band 1 and one of the top five employment lawyers in New York City, describing him as "one of the greatest lawyers in the field today - truly one of the superstars" and "an expert on Sarbanes-Oxley whistle-blower claims."
  • Lawdragon’s Guide to World-Class Employment Lawyers 2013
  • Fellow, College of Labor and Employment Lawyers
  • Recognized by Human Resource Magazine as one of "The Nation’s 100 Most Powerful Employment Attorneys"
  • Ranked in the top 25 of Euromoney’s The Best of the Best USA (Labor and Employment)
  • Recognized by The International Who’s Who of Management Labour and Employment Lawyers and The Legal 500


NED H. BASSEN

Ned Bassen is Chair of the Labor and Employment department of Hughes Hubbard & Reed LLP. His work is recognized by such publications as Chambers USA, Euromoney’s Guide to the World’s Leading Experts in Labour and Employment, Best Lawyers in America and Super Lawyers. He is included in Human Resource Executive’s The Nation’s Most Powerful Employment Attorneys Top 100 and in Lawdragon’s The Guide to World-Class Employment Lawyers. He also was selected by American Lawyer Media and Martindale-Hubbell as a “2013 Top Rated Lawyer in Labor & Employment.” Mr. Bassen has been awarded the Burton Award for Legal Achievement, Distinguished Writing Award In Law. He has co-authored the U.S. chapter of Global Legal Insights-Employment and Labour Law 2nd Edition (2013).

The most recent edition of Chambers USA notes that sources describe him as “‘bright, charismatic and very tough when he needs to be.’” Past editions have made the following comments: “Clients praise Mr. Bassen’s] ‘encyclopedic knowledge’ of employment law and his ‘finely tuned instincts and well-balanced judgment.’ His skill in the courtroom does not go unnoted, with sources reporting: ‘He is able to distill facts to their essence and forcefully and effectively argue his client’s position.’

Mr. Bassen has had an expansive labor and employment practice for over 40 years. It ranges from litigating on behalf of and counseling defense contractors, financial institutions, universities and other nonprofit institutions to individuals accused of wrongdoing in connection with employment, including, for example, principal targets in the well-publicized Dewey & LeBoeuf bankruptcy. His defense in such matters has included, for example, bankruptcy, employment discrimination, trade secrets, false claims, corporate raiding, employment defamation and arbitration in the U.S. and internationally. Mr. Bassen is regularly quoted by the media, including, most recently, The New York Times, The Wall Street Journal and The Am Law Daily.

Mr. Bassen graduated from Cornell University’s School of Industrial and Labor Relations in 1970 and Cornell Law School in 1973, where he was Note and Comment Editor of the Law Review.


Pearl Zuchlewski is a partner in Kraus & Zuchlewski LLP where she primarily represents individual employees.

She is a former Chair of the New York State Bar Association (“NYSBA”) Labor and Employment Law Section and presently serves on the Section’s Executive Committee.  She also is a Section representative to the NYSBA House of Delegates.  In addition, Ms. Zuchlewski is a member of the American Bar Association (“ABA”) Labor and Employment Law Section’s Employee Rights and Responsibilities Committee, the National Employment Lawyers Association and the Association of the Bar in the City of New York (“ABCNY”). 

She has served on the FINRA task force which drafted the FINRA Code of Arbitration provisions for statutory discrimination claims and is former Chair of the FINR’s National Arbitration and Mediation Committee.  Ms. Zuchlewski most recently served as Chair of a FINRA employment task force which reviewed and consolidated the former NASD and NYSE Codes of Arbitration Procedure.

Ms. Zuchlewski has been recognized for several years as among the Best Lawyers in New York and in Superlawyers.  She is a Fellow in the College of Labor and Employment Lawyers and a member of the College’s Board of Governors.  She also is a member of the advisory boards of the New York University Law School Center for Labor and Employment, the Hofstra Law School, CPR Employment Disputes Committee and the New York City Chapter of the Labor and Employment Relations Association; her other professional activities include membership in the Public Investors Arbitration Bar Association.

Ms. Zuchlewski is a frequent speaker on alternative dispute resolution, sexual harassment and other employment related issues at various organizations including the ABA, NYSBA, ABCNY, Practicing Law Institute and New York University Judicial Conferences.  Her articles have appeared in the New York Law Journal, various proceedings of the New York University’s Annual Conferences on Labor, ABA, NYSBA and other publications.


Anne C. Vladeck, a partner at Vladeck, Raskin & Clark, P.C., concentrates on representation of individuals in employment matters, including discrimination, sexual harassment, defamation, and litigation.  She graduated from the University of Pennsylvania (B.A., magna cum laude, 1975) and Columbia Law School (J.D., 1978).  She is an Adjunct Faculty member at Columbia Law School and previously taught at Fordham and Cardozo Law Schools.  She is a trustee of the Federal Bar Foundation (Secretary), on the Executive Committee of the Federal Bar Council Inn of Court (President-Emeritus); Member of Disciplinary Committee, Supreme Court Appellate Division, 1st Department, New York, January 1, 2015 – December 31, 2017, and was formerly a member of the Association of the Bar of the City of New York Professional Discipline Committee.  Anne is a Fellow of the American College of Trial Lawyers.

Anne has been a speaker for, among others, Practising Law Institute, ALI/ABA, ABA, NYSBA, NYCLA and N.Y.U. Conference on Labor, on employment law and litigation issues.  She received a Woman of Power and Influence Award by NOW-NYC in 2005; Women of Distinction Award by the Labor and Employment Relations Association – New York City Chapter in 2006, and the Equal Opportunity Award by Legal Momentum in 2010.  Named one of top 100 Lawyers in New York and one of top 50 Women Lawyers in New York by New York Super Lawyers 2008, 2009 and 2010; and one of New York Magazine's "Best Lawyers."  Anne has tried several employment cases, including most recently a sexual harassment and retaliation case, Anucha Browne Sanders v. Madison Square Garden, et al.


Debra L. Raskin graduated from Radcliffe College magna cum laude in 1973 and received her law degree from Yale in 1977. She worked at the Legal Assistance Foundation of Chicago from 1977 to 1981, serving in 1981 as Supervisor of Employment Litigation for that organization. She served as law clerk to Hon. Lee P. Gagliardi of the United States District Court, Southern District of New York from 1982 to 1984. From 1984 to 1986, she served as an Assistant Attorney General of the State of New York in the Civil Rights Bureau. She joined the Vladeck firm in 1986, and became a partner of the firm in October 1988. Ms. Raskin has been Chair of the Labor and Employment Committee of the New York City Bar Association and is currently a Vice President of that organization. Ms. Raskin is a Fellow of the American College of Trial Lawyers, has taught at Columbia and Fordham Law Schools and has lectured and written on employment law matters for the New York State Bar Association and the Practicing Law Institute, among other groups.


James C. Francis IV has been a United States Magistrate Judge in the Southern District of New York since October 1985 and served as Chief Magistrate Judge from 1998 to 2000.  He graduated summa cum laude from Yale College in 1974, where he was a member of Phi Beta Kappa.  He received his juris doctor degree from the Yale Law School in 1978 and a masters degree in public policy from the John F. Kennedy School of Government at Harvard University in the same year. 

Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the United States District Court for the Southern District of New York.  He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit.  He continued in this capacity until his appointment to the bench.

Judge Francis is an Adjunct Professor at the Fordham University School of Law where he teaches Constitutional Torts.  He also provides instruction in the Intensive Trial Advocacy Program at the Benjamin N. Cardozo Law School and in the ALI-ABA program on Civil Practice and Litigation.  He lectures frequently on topics including legal ethics, employment discrimination, and electronic discovery.  Judge Francis has served on the Legal Assistance, Federal Courts, Disability Rights, and Professional Responsibility Committees of the New York City Bar Association and the Federal Judiciary Committee of the New York State Bar Association.


Mary Schuette recently retired as Vice President, Legal Services, responsible for the Labor Relations, Benefits, Workers’ Compensation and General Litigation and Claims areas of the Law Department of the Consolidated Edison Company of New York.   She is currently working as a consultant; she also serves on the board of the Fund for Modern Courts.  She is a graduate of Yale College and the Columbia University School of Law and is admitted to the bar of the State of New York.  She has been admitted to practice in the Supreme Court, the United States Courts of Appeals for the Second, Fifth, Seventh, and Ninth Circuits, and the United States District Courts for the Southern and Eastern Districts of New York.  Prior to joining Con Edison’s Law Department she worked for the National Labor Relations Board.


Susan Ritz has practiced employment law since 1985.  She is a partner in the Manhattan law firm of Ritz Clark & Ben-Asher LLP.  Ms. Ritz handles all forms of employment-related matters, including advising employees and partners regarding their rights, duties and entitlement to benefits; handling contract, severance agreement and partnership dispute negotiations; and representing employees and partners in negotiations, mediations, administrative proceedings, arbitrations and lawsuits encompassing a full panoply of employment-related issues, with special emphasis on claims of unlawful harassment, retaliation and employment discrimination on the basis of race, sex, national origin, age, disability, religion, marital status, sexual orientation and other protected classes.

Ms. Ritz provides neutral mediation services, and conducts impartial internal investigations on behalf of employers into alleged discriminatory conduct.  She also advises non-profits and small employers on employment-related issues, reviews and revises Staff Manuals for employers and represents employers in contract and severance negotiations.  She offers harassment and discrimination prevention training to management and employees, as well.

Ms. Ritz is listed in The Best Lawyers in America (10+ years) and Super Lawyers. She is rated AV by Martindale Hubbell and was selected for its 2011 Inaugural Edition of the Bar Register of Preeminent Women Lawyers.  She is a fellow of the College of Labor and Employment Lawyers and a member of the Litigation Counsel of America. Ms. Ritz has published articles and lectured widely, including for the National Employment Lawyers Association/NY, ALI-CLE, American Bar Association, Practising Law Institute, New York State Bar Association and at CUNY School of Law.  She serves as a pro bono mediator for the United States District Court for the Southern District of New York.


Mr. Rogers, the managing partner of Sullivan & Cromwell’s Labor and Employment Law Group, is a graduate of Harvard College (magna cum laude, 1976) and Harvard Law School (cum laude, 1979).  He joined Sullivan & Cromwell LLP in 1979, and has been a partner of the Firm since 1987.  He has been named the 2014 New York City “Employment Law - Management Lawyer of the Year” and the 2012 “New York City Labor Law – Management Lawyer of the Year” by The Best Lawyers in America,  and in March 2014 was named one of the leading 10 lawyers nationally for employment law, in the 2014 Legal Who’s Who published by Corporate Responsibility Magazine.  For each of the past seven years, he has been named one of the 100 leading management attorneys in the United States by the publication Human Resource Executive in conjunction with Lawdragon; he is also ranked in the top tier in New York among defendant-side employment lawyers in the Chambers USA Guide to America’s Leading Lawyers for Business (available at www.chambersandpartners.com/usa). He is a contributing author to BNA’s Workplace Harassment Law (2012), is a co-author of West Publishing Co.’s Employment Litigation in New York (1996) and Employment Law Deskbook for Human Resources Professionals (2001), and serves as a lecturer on employment law topics to many groups, including the Practising Law Institute's annual Employment Law Institute and the Federal Judicial Center’s annual Workshop on Employment Law for Federal Judges.  He is a Fellow of the College of Labor and Employment Lawyers, a member of the American Law Institute and of the Executive Committee of the New York State Bar Association’s Labor and Employment Law Section, and has served on the Labor and Employment Law Committee of the Association of the Bar of the City of New York.