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Employment Law Institute 2013

 
Author(s): Zachary D. Fasman, Amy L. Bess
Practice Area: Employment, Litigation
Published: Oct 2013
PLI Item #: 42594
CHB Spine #: H927

Amy L. Bess is a member of Vedder Price’s Labor and Employment practice group and serves as the Administrative Shareholder in the firm’s Washington, DC office. Her employment litigation experience includes the representation of employers before U.S. state and federal courts and administrative agencies, defending against claims of race, sex, disability and age discrimination; sexual harassment; whistleblower retaliation; restrictive-covenant disputes; wrongful termination; and wage and hour violations. She regularly counsels clients in all of these areas, drafts and negotiates employment and severance agreements, conducts on-site workplace investigations, presents training seminars and speaks to employer groups on avoiding workplace problems. Ms. Bess also has experience advising clients regarding their public accommodation obligations under Title III of the Americans with Disabilities Act and representing clients in litigation involving related claims.

Ms. Bess has extensive first-chair bench trial, jury trial and arbitration experience. She also is experienced in the defense of complex class action litigation, including wage and hour collective actions and pattern or practice litigation brought by the U.S. Equal Employment Opportunity Commission.

The Legal 500 United States 2014 guide recommends Ms. Bess in the Labor and Employment—Labor and Employment Litigation category. Ms. Bess also has been listed in Washingtonian Magazine’s “Best Lawyers” edition (December 2011, 2013 and 2015) in the category “Employment Defense.” She has been selected for inclusion from 2012 to 2015 in Washington DC Super Lawyers in the category “Employment Litigation Defense.” In 2013, Ms. Bess also was listed in Expert Guides to World’s Leading Lawyers—Labour and Employment.

Affiliations

Member, American Bar Association, Labor and Employment Section

Member, District of Columbia Bar, Labor and Employment Section

Chair, District of Columbia Bar Pro Bono Committee

Board Member, Women’s Bar Association Foundation of the District of Columbia

Member, Women’s Bar Association of the District of Columbia (served three-year elected term on Board of Directors)

Board Member and General Counsel, Everybody Wins! DC (children’s literacy nonprofit organization)

Client Services

Complex Litigation

Employment

Employment Class Action Defense

Employment Law Training

Restrictive Covenants & Trade Secrets

Education

Northwestern University School of Law, J.D., 1987

Illinois State University, B.S., 1982, summa cum laude

Bar Admissions

Illinois, 1987

District of Columbia, 1989

Court Admissions

U.S. District Court, Northern District of Illinois, 1987

U.S. District Court, District of Columbia, 1989

U.S. District Court, Central District of Illinois, 1996

U.S. District Court, District of Maryland, 2000

U.S. District Court, District of Colorado, 2002

U.S. Court of Appeals, Fourth Circuit, 1992

U.S. Court of Appeals, Eighth Circuit, 1997

U.S. Court of Appeals, District of Columbia Circuit, 2004

United States Supreme Court, 2013


Zachary D. Fasman is a Partner in the Labor & Employment Law Department of Proskauer Rose LLP, resident in the New York office. Zach focuses his practice on representing employers in all aspects of labor and employment law, including labor-management relations, employment litigation and counseling.

Zach has extensive trial and appellate experience in employment litigation, having handled hundreds of employment law cases ranging from nationwide class actions to jury trials of individual discrimination claims. He has argued numerous employment and labor cases in both state and federal appellate courts, including two successful arguments before the United States Supreme Court.

Zach’s labor-management relations practice encompasses advising employers during representation campaigns, collective bargaining, labor arbitrations and all forms of counseling regarding union and employee relations as well as employment at will and related employment issues.  He has negotiated collective bargaining agreements with most major U.S. labor unions and also has substantial experience appearing before the National Labor Relations Board, where he tried the second longest case in NLRB history.  In addition, Zach provides day-to-day counseling and advice to employers on a wide range of issues including complex labor and employment law issues in mergers and acquisitions, the intersection between labor and antitrust law, federal preemption, and the arbitration of statutory claims.

Having practiced in Washington for many years, Zach has testified before the U.S. Congress and the EEOC on multiple occasions and has worked extensively with Congress and the White House, on behalf of the U.S. Chamber of Commerce and other organizations, on numerous pieces of legislation.  He is a long time member of the U.S. Chamber’s Labor Relations Committee and has submitted many amicus curiae briefs on behalf of the Chamber and other organizations to the U.S. Supreme Court on labor and employment law issues.

A noted author and sought-after speaker on labor and employment issues, Zach co-chairs the Practicing Law Institute’s Annual Employment Law Institute and has written numerous articles in the New York Law Journal and a wide variety of other publications.  He is one of nine lawyers in New York City to earn a “Band One” ranking in Labor and Employment in Chambers USA and is a long-time Fellow of the College of Labor and Employment Lawyers.  He also is a member of the Advisory Board of New York University Law School’s Center for Labor and Employment Law, teaches employment law to members of the federal judiciary through the Federal Judicial Center, and has been included in every edition of Best Lawyers in America. In 2015, he was selected as one of New York’s Top 100 lawyers and was selected to Lawdragon’s Hall of Fame in Labor Law (one of 30 lawyers nationally).