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Employment Law Institute 2013


Speaker(s): Alexander C. B. Barnard, Amy L. Bess, Barbara Taylor, Hon. Faith S. Hochberg, Hon. John Gleeson, Hon. M. Patricia Smith, Jeffrey S. Klein, Jill L. Rosenberg, Jonathan Ben-Asher, Joseph M. Sellers, Kathleen M. McKenna, Lafe E. Solomon, Laura S. Schnell, Laura Sack, Lisa Reeves, Peggy R. Mastroianni, Rachel M. Bien, Robert D. Kraus, Roxane Marenberg, Samuel Estreicher, Samuel S. Shaulson, Sandi F. Dubin, Sara E. Elder, Stephen P. Sonnenberg, Stuart B. Kleinman, M.D., Theodore O. Rogers, Jr., Thomas E. Spahn, Willis J. Goldsmith, Yolanda Seals-Coffield, Zachary D. Fasman
Recorded on: Oct. 21, 2013
PLI Program #: 42597

Roxane Marenberg is the Senior Director of Employment Law in the Law Department at Cisco Systems, Inc. As the head of global employment law for Cisco, she manages the HR related legal issues facing a multinational technology company with approximately 70,000 employees in over 100 countries around the world. She was recently named “Best Labor & Employment Lawyer” for 2010 by the Silicon Valley Business Journal and San Francisco Business Times.

Prior to joining Cisco, Roxane was a partner in the labor and employment practices in two global law firms. Most recently, Roxane was a partner at DLA Piper, where she represented companies on a nationwide basis in state and federal courts and before state and federal regulatory agencies defending complex wage and hour class cases, discrimination lawsuits, unfair competition cases, and ERISA violations. She was also responsible for counseling corporate professionals regarding all aspects of employment law ensuring compliance with local, state and federal laws and regulations.

Roxane was recently quoted in Inside Counsel (February 2010) and Canadian Corporate Counsel Association Magazine (Spring 2010) on alternative fee arrangements. She lectures frequently in the area of Title VII, managing blended workforces that include full-time and contingent workers, managing employees within the law, preventing harassment complaints in the workplace, successful motions practice, and effective jury trial techniques. She conducts training sessions and seminars for managers and employees, and speaks to trade organizations and bar associations on various topics relating to the anti-discrimination laws governing employers. She is a faculty member of the National Institute of Trial Advocacy (NITA)/Georgetown University Law Center, where she teaches jury trial techniques and deposition skills and is an instructor for the ABA Litigation Section. She was co-chair of Georgetown University Law Center’s Continuing Legal Education Program “Litigating and Resolving Employment Disputes: Views from the Bench.”

Roxane has substantial trial experience in state and federal courts in the criminal and civil arena. She was formerly an Assistant United States Attorney for the District of Columbia where she tried to verdict over 50 cases in D.C. Superior and U.S. District Court for the District of Columbia. Before taking the oath as an AUSA, Roxane was a Trial Attorney with the U.S. Department of Justice, Criminal Division, Organized Crime and Racketeering Section. In that capacity, she represented the United States in over a dozen federal courts across the country.

Upon graduating Magna Cum Laude from the School of Government and Public Administration at American University in Washington, D.C., Roxane attended the University of Baltimore School of Law. Upon graduation from law school in 1979, she joined the U.S. Department of Justice under the United States Attorney General's Honor Program. In addition to her J.D., Roxane has an LLM in Law and Public Policy with an emphasis in Labor and Employment Law from the Washington College of Law at American University.


Sam S. Shaulson is a co-chair of the Labor & Employment Practice's Financial Services Group and a member of Morgan Lewis's Advisory Board. He has represented clients in cases involving unpaid overtime and minimum wage; breach of contract; denial of employee benefits; discrimination based on age, race, sex, national origin, and disability; and whistleblower claims. Mr. Shaulson advises financial services, pharmaceutical, and other clients on executive compensation, employment policy issues, wage and hour issues, employment testing, reductions in force, and whistleblower, termination, and discrimination matters. He has also represented clients in traditional labor matters under the National Labor Relations Act and the Railway Labor Act and has negotiated collective bargaining agreements and individual employment contracts.

Mr. Shaulson handles complex litigation matters and has represented clients in more than 75 class and collective actions, including cases involving Title VII, the ADA, the FLSA, and state wage and hour laws. 

His wage and hour experience includes: defeating class certification for a major financial institution in an action claiming that financial advisors were denied overtime pay and their wages were subject to improper deductions; obtaining  summary judgment on claims that an information technology professional was misclassified as overtime exempt, thereby mooting class and collective action claims; defeating class certification of claim that financial services sales representatives were required to work off-the-clock; defeating a nationwide collective action certification for a major financial institution in an action claiming that loan officers were denied overtime pay; and obtaining summary judgment in an overtime misclassification case where the court ruled that reclassification from exempt to nonexempt does not raise an issue of fact for trial or create an issue of fact on willfulness.

Mr. Shaulson received his J.D. (Order of the Coif) from the University of Pennsylvania and his B.S.B.A. from Boston University's School of Management.


Stephen Sonnenberg is a New York based partner in the Employment Law practice of Paul Hastings and Chair of the New York Employment Law Department. He represents management in class and collective actions, wrongful discharge, retaliation, discrimination, and harassment litigation. He counsels clients based in the United States and Asia on a wide variety of U.S. employment matters, including wage and hour, retaliation, and equal employment opportunity issues. Prior to studying law, he practiced psychotherapy as a licensed clinical social worker in a variety of private and public settings, ranging from private practice to a psychiatric hospital. Because of his background as a psychotherapist, Mr. Sonnenberg has particular experience in the areas of  mental disabilities under the Americans With Disabilities Act, emotional distress damages, workplace violence, and the use and misuse of psychiatric and psychological experts.

Mr. Sonnenberg serves as a neutral on the mediation panels of the United States District Court, Southern and Eastern Districts of New York.

Accolades and Recognitions

  • Fellow of the College of Labor and Employment Lawyers
  • Ranked by Chambers USA among the top employment defense lawyers in New York
  • The Best Lawyers in America
  • Included in New York’s Super Lawyers since 2007, and included in Southern California Super Lawyers
  • Rated “AV Preeminent” by Martindale-Hubbell®

Speaking Engagements and Publications

  • Lectured on diverse topics for The Practising Law Institute, the American Conference Institute and The New York City Bar Association, including chair of PLI’s annual program, Psychological Issues in the Workplace
  • Faculty at Annual NYU Workshop on Employment Law for Federal Judges (2015, 2016, 2017)
  • Authored a number of articles regarding employment law, “Mental Stability At Work: An Assessment,” “Representative Evidence in Wage and Hour Class Litigation,” “Litigating Multidistrict Employment Action After ‘Dukes’,” “Workplace Restructuring: Managing the Pain,” “Wage and Hour Claims: The New Wave,” “Settling High-Stakes Wage, Hour Litigation Via CAFA,” “Workplace Violence: Employee Rights, Employer Recourse,” “Post- Traumatic Stress Disorder,” and “Accommodating Mental Disabilities in the Workplace,” in the New York Law Journal, and, “Coping with Mental Disabilities in the Workplace: Tips for Employers” in Employee Benefit News and Workforce Management
  • Co-authored Sexual Harassment Litigation, Plaintiffs’ and Defendants’ Strategies, an ALI-ABA publication, and “The Time Bomb in Mental Disability Coverage” in The Americans With Disabilities Act: A Practical Guide for California Employers

Professional and Community Involvement

  • Admitted to the New York, California and District of Columbia Bar and member of the American, New York State and New York City Bar Associations
  • Admitted to numerous federal district and circuit courts
  • Member of the New York University Center for Labor and Employment Law Advisory Board

Education

  • University of Southern California Law School, J.D., 1992
  • University of Michigan Ann Arbor, M.S.W., 1977
  • State University of New York Binghamton, B.A., 1974


Jeffrey S. Klein chairs Weil’s Labor and Employment Litigation practice. For more than 30 years, Mr. Klein has represented employers in all aspects of labor and employment relations law, earning wide recognition as one of the leading employment/management attorneys in the U.S. by publications including Chambers USA, Human Resources Executive, Legal 500, and Lawdragon, among others.

Mr. Klein focuses his practice on complex employment discrimination claims (race, sex, age, national origin and disability), wage and hour claims, ERISA and related employee benefits litigation matters, and trade secrets/restrictive covenants litigation, including in the class action, investigation, arbitration, and mediation contexts.

Mr. Klein also serves as primary outside employment counsel for a wide range of global, publicly traded corporations, private equity firms, and other major companies. In this capacity, he regularly counsels on sophisticated human resources issues such as preventative employee relations programs, social media and “Bring Your Own Device” (BYOD) policies, whistleblower complaints, EEOC matters, non-competition agreements and other restrictive covenants, executive compensation and employment agreements, formulation of employment policies and manuals, affirmative action plans, the resolution of employment law and benefits issues arising from corporate reorganizations, restructurings or workforce reductions. He also has extensive experience working with boards, special committees, directors, and senior executives of public companies in conducting or advising with respect to internal investigations.

Mr. Klein has been named one of the “Nation’s 100 Most Powerful Employment Attorneys” by Human Resource Executive and Lawdragon magazines each year since 2008, and was named for the fifth consecutive year in 2014 as among the “500 Best Lawyers in the United States” by Lawdragon. He is ranked in Band 1 in Chambers USA, which for many years has recognized him as one of New York’s leading employment lawyers, describing him as “one of the firm’s top lawyers,” and “a phenomenal leader and a truly talented litigator…whose advice is second to none.” He also is ranked as one of 14 “Leading Lawyers” nationwide in Legal 500 for Labor and Employment Litigation, and is recommended by the same publication for Workplace and Employment Counseling, ERISA Litigation, and Trade Secrets Litigation. Mr. Klein has also been named a “Best Lawyer” in the specialties of Labor and Employment Law and Employment Litigation in The Best Lawyers in America each year since 2005. His peers have elected him a Fellow of the College of Labor and Employment Lawyers.

Mr. Klein is a regular speaker at leading industry conferences, including the prestigious Annual Workshop on Employment Law for Federal Judges. He is the co-author of a bi-monthly column for the past 18 years for the New York Law Journal, and the co-author of the treatises, The Corporate Counsellor’s Deskbook (CCH 2012) and Managing Contingent Workers (AMACOM 1996). Mr. Klein also serves on the Advisory Board for the Center for Labor and Employment Law at NYU School of Law.

Mr. Klein graduated magna cum laude from Amherst College, and received his J.D. from Columbia University Law School.

 


Jonathan Ben-Asher is a partner in Ritz Clark & Ben-Asher LLP in New York.  He represents executives, professionals and other employees in employment disputes, including those involving employment contracts, executive compensation, whistleblowing, retaliation and employment discrimination.  He also has particular expertise in disputes concerning executive compensation in the financial services sector, Sarbanes-Oxley whistleblowing cases, and cases under the False Claims (Qui Tam) Act and Dodd-Frank Act.

Jonathan is former Chair of the New York State Bar Association’s Labor and Employment Section (2013 - 2014).  He has also held numerous leadership positions in the American Bar Association’s Section of Labor and Employment Law. He is a member of the Section’s governing Council, and has been Chair of the Section’s CLE / Meetings and Institutes Committee.  From 2007 - 2010, he was Employee Chair of the Section’s Employment Rights and Responsibilities Committee.  He was also Employee Chair of the Section’s Sixth Annual CLE Conference (2012), and Employee Chair of the Employment Rights and Responsibilities Committee’s Contracts and Executive Compensation Subcommittee.

Jonathan was formerly Vice President of the National Employment Lawyers Association / New York, and a member of its Executive Board.  He is a member of the Advisory Board of the New York University School of Law Center for Labor and Employment Law. 

Jonathan is a fellow of the College of Labor and Employment Lawyers.  He is AV rated by Martindale-Hubbell, and has repeatedly been named as a New York Super Lawyer and one of the Best Lawyers in America and in the New York Area. He is a frequent speaker on employment law issues for professional groups, including the American Bar Association, New York State Bar Association, New York City Bar Association, Workshop on Employment Law for Federal Judges of the New York University School of Law Center for Labor and Employment Law, and the Practising Law Institute.

He received his J.D. from New York University School of Law (1980) and his B.A. from Columbia University (1974).


Lafe Solomon, a career NLRB attorney, was named Acting General Counsel by President Obama as of June 21, 2010. The Agency's top investigative and prosecutorial position, the General Counsel has supervisory authority over all Regional Offices and guides policy on issuing complaints, seeking injunctions, and enforcing the Board's decisions.

Mr. Solomon began his Agency career as a field examiner in Seattle in 1972. After taking a break to pursue a law degree, he returned as an attorney in the Office of Appeals. He transferred to the Appellate Court Branch in 1979. Two years later, he left the General Counsel side of the Agency to join the staff of former Board Member Don Zimmerman. He went on to work for another nine Board Members, including Donald Dotson, Robert Hunter, John Higgins, James Stephens, Mary Cracraft, John Raudabaugh, William Gould, Sarah Fox and Wilma Liebman.

A native of Helena, Arkansas, Mr. Solomon received a B.A. degree in Economics from Brown University in 1970 and a J.D. from Tulane University in 1976.


Laura Sack is a shareholder at Vedder Price P.C. and a member of the firm's Labor and Employment Practice Group in New York. Ms. Sack's practice is devoted exclusively to representing management in labor and employment law matters, and includes litigating employment cases before state and federal courts, representing clients before administrative agencies, designing and conducting employee training programs, and counseling management on labor and employment law issues.

Ms. Sack graduated magna cum laude from Brown University in 1988. She received her J.D. from Yale Law School in 1991, after which she clerked for The Honorable Raymond J. Pettine, United States District Court Judge for the District of Rhode Island.  Ms. Sack then joined the labor and employment law group of Simpson Thacher & Bartlett in New York, where she spent more than five years representing employers ranging from multinational financial institutions to local non-profit organizations. During her tenure at Simpson Thacher, Ms. Sack spent several months working in-house as interim labor and employment counsel to Philip Morris Management Corp.

In 1998, Ms. Sack joined the law department of Witco Corporation, a global specialty chemical manufacturer headquartered in Connecticut.  As Witco's Senior Attorney, Human Resources Counsel, Ms. Sack was responsible for the company's labor and employment, employee benefits, and immigration matters worldwide.  Ms. Sack joined Kauff McClain & McGuire LLP (a boutique management-side labor and employment law firm based in New York) later in 1998 and became a partner in 2000.  Ms. Sack joined Vedder Price as a shareholder in January 2009.


Peggy R. Mastroianni is Legal Counsel at the Equal Employment Opportunity Commission (EEOC). She is responsible for developing Commission guidance under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Equal Pay Act, the Americans with Disabilities Act (ADA), and the Genetic Information Nondiscrimination Act (GINA), and for providing legal advice for the Commission on a wide range of substantive issues and administrative matters. Ms. Mastroianni directed the development of EEOC's Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions (April 2012), as well as its Final Regulations on Reasonable Factors Other than Age Under the ADEA (March 2012), on the ADA Amendments Act (March 2011), and on Title II of the Genetic Information Nondiscrimination Act (November 2010). Under Ms. Mastroianni's direction, the Office of Legal Counsel has also developed policy documents addressing Religious Discrimination, Unlawful Disparate Treatment of Persons with Caregiving Responsibilities, Race and Color Discrimination, National Origin Discrimination, and a wide range of topics under the ADA. Ms. Mastroianni graduated from Cornell University, Harvard University Graduate School of Education, and the Fordham University Law School. She was elected a fellow of the College of Labor and Employment Lawyers in 2003; she received the Mary C. Lawton Award for Outstanding Government Service from the ABA Section of Administrative Law and Regulatory Practice in 2008; and, in 2009, she was named Federal Labor and Employment Attorney of the Year by the ABA's Section of Labor and Employment Law.


Robert D. Kraus has broad and extensive experience in all areas of employment law. He has litigated all types of employment disputes, including whistleblower, bonus and other executive compensation, non-compete/non-solicit, ERISA, Title VII and ADEA and claw back claims. Recent notable victories include substantial monetary awards on behalf of: a former insurance company executive who asserted a whistleblower claim under Sarbanes-Oxley; the president of a multi-billion dollar radio station owner / operator who had been constructively terminated following a change-in-control; the former CFO of a large diversified multi-national company who had his lump sum retirement benefits improperly valued after his resignation; and, a CDO trader at a major financial services firm who was denied performance based bonus compensation following a year-end termination.

Mr. Kraus regularly lectures before various bar association and trade groups on a number of employment law topics, including a widely attended and prestigious annual conference on employment law issues in the financial services industry. Topics that Mr. Kraus has lectured on include executive pay, whistleblower protections, the Dodd-Frank Act, claw back policies, non-compete and other restrictive covenants, executive employment contracts, arbitration, FINRA procedures, privacy issues, and damages in employment law disputes.

Mr. Kraus is active in several major bar associations, including the American Bar Association, where he is a member of the Employees Rights and Responsibilities Subcommittee and co-chair of its Privacy Committee, the New York State Bar Association, where he is active in the Section on Labor and Employment Law, and the Association of the Bar of the City of New York, where he is an active member of the Employee Benefits and Executive Compensation Committee. Mr. Kraus earned his undergraduate degree with Honors from the University of Michigan, and received his law degree from Georgetown University School of Law.


Stuart B. Kleinman, M.D. is a psychiatrist certified by the American Board of Psychiatry and Neurology in Psychiatry and Forensic Psychiatry.

Dr. Kleinman serves as an Associate Clinical Professor of Psychiatry of the Columbia University College of Physicians and Surgeons, and is an Adjunct Professor of Law at Brooklyn Law School.

Dr. Kleinman possesses specialized expertise in the field of Traumatic Stress. He served as Medical Director of the Crime Victims Center, a licensed mental health clinic which treats solely the psychological consequences of trauma, and as an independent consultant to the New York State Crime Victims Board, determining the role of criminal victimization in producing evaluees’ psychological difficulties. Dr. Kleinman has evaluated the psychological consequences of a wide array of traumatic experiences, including Asian piracy, Middle Eastern terrorism, urban sexual assault, and workplace harassment, has written about stress response and civil and criminal law in a leading forensic psychiatry text, and is co-author of a recently paper about assessing PTSD in forensic settings. He founded, and was the long-standing chairperson, of the Committee on Trauma and Stress of the American Academy of Psychiatry and Law, and teaches about PTSD, and assessing emotional distress damages to fellows training in forensic psychiatry in the Columbia-Weill-Cornell forensic psychiatry fellowship program.

Dr. Kleinman’s longtime experience working with those who have suffered serious assaults and threats provides him with a deep, nuanced appreciation of Posttraumatic Stress Disorder and the use and misuse of this diagnosis. Presently, he serves as the faculty Co-Director of the Columbia University Medical Center’s Asylum Program. 

Dr. Kleinman is board certified in Forensic Psychiatry. He has consulted extensively in both civil and criminal matters, including regarding the psychiatric impact of reported harassment/discrimination, and the ‘mindset’ of perpetrators of violent and non-violent acts. He worked for over ten years at the Bellevue Hospital Forensic Psychiatry Clinic, examining individuals for the Court regarding competency to stand trial, and pre- and post-sentencing issues, and for approximately 25 years has consulted to both defense attorneys and prosecutors regarding a wide array of issues, including particularly ‘white collar’ matters.

Dr. Kleinman received his medical degree from the Medical College of Pennsylvania, where he was elected to the Alpha Omega Alpha medical honor society. He subsequently trained in Psychiatry at the Pennsylvania Hospital, and in Forensic Psychiatry at the Center for Social-Legal Studies of the University of Pennsylvania, and New York University/Bellevue Hospital.


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


BARBARA TAYLOR

As DLA Piper’s Chief Marketing Officer, Barbara leads the firm’s national marketing team and works to support, develop and execute marketing strategies for the firm, practice groups and sectors in the Americas, while integrating these efforts globally.  In addition, Barbara manages communications and public relations efforts.

Barbara joins DLA Piper with 25 years of legal experience, including a lengthy tenure at BDO USA and BDO Seidman, where she held various positions on the legal team, including serving as General Counsel since 2001.  Along with supervising all legal activities and litigation for BDO, Barbara also managed internal and external crisis communications efforts.

During her tenure at BDO, Barbara served as executive sponsor of the company’s award-winning flexible work strategy and women’s initiative.

Prior to joining BDO, Barbara served as Senior Counsel at Ernst & Young for three years and as a litigation lawyer at Dewey Ballantine.

Barbara holds a bachelor’s degree in Accounting from the University of Delaware and a law degree from Georgetown University.

She is based in the New York office.


John Gleeson was a federal judge for 22 years before joining Debevoise & Plimpton in 2016 as a litigation partner in the White Collar & Regulatory Defense and Commercial Litigation Groups. While a judge, he authored more than 1,500 published opinions (including 14 opinions for the United States Court of Appeals for the Second Circuit, sitting by designation) and presided over more than 200 civil and criminal jury trials.

Before his appointment to the bench in 1994, Mr. Gleeson was a federal prosecutor in the same courthouse for 10 years. He served as Chief of Appeals, Chief of Special Prosecutions, Chief of Organized Crime and Chief of the Criminal Division. He personally tried 20 cases to verdict and argued 25 appeals before the United States Courts of Appeals for the Second Circuit. Mr. Gleeson received the Attorney General’s Distinguished Service Award for his role as lead prosecutor in United States v.  John Gotti.

Mr. Gleeson has taught law for 27 years. For the past 21 years, he has taught courses in Complex Federal Investigations and Sentencing at New York University School of Law. He is a member of the American Law Institute, a trustee of the Vera Institute of Justice, a member of the Board of Directors of the NYU Institute of Judicial Administration and a member of the Advisory Board of the Program on Corporate Compliance and Enforcement at NYU School of Law.

Mr. Gleeson’s publications include Federal Criminal Practice: A Second Circuit Handbook (16th Edition) (2016) and numerous articles.  He earned his law degree from the University of Virginia School of Law and went to college at Georgetown University.


Kathleen M. McKenna is a partner in the Labor & Employment Law Department. With a formidable track record for success in major employment matters, she has extensive experience litigating employment disputes of all types, including defending employers against claims alleging all forms of discrimination, sexual harassment, retaliation, wrongful discharge, wage and hour and breach of contract. Her clients include major multi-national businesses, such as television networks, pharmaceutical companies, international retailers and law firms.

Adept at counseling clients at every turn of the litigation process, Kathleen employs a creative mix of litigation experience and business acumen to determine which cases should be litigated in court, which should be resolved in some alternative forum and which can and should be settled. While she is regularly successful on her clients' behalf through negotiation and dispositive motions, she possesses significant jury trial experience, and is well-versed in all forms of alternate dispute resolution.

Kathleen is regularly called upon to support clients with strategies, counseling and training to help them avoid litigation and government investigations, and provides practical advice on all workplace-related issues to today's top employers. These topics include employee discharge and discipline, reductions in force, employment policies and procedures, and compliance with federal, state and local employment laws.

Kathleen also has significant experience dealing with traditional labor matters. She has litigated the full range of labor proceedings and has served as the chief spokesperson or advisor in numerous collective bargaining negotiations. She also has advised management on National Labor Relations Act issues, including union organizing campaigns and representation elections, strikes, picketing, plant closings and work transfers, and purchase and acquisition issues.

Kathleen is a member of the College of Labor & Employment Lawyers. She is also a sought after lecturer on labor and employment issues.

Related Practices

Employment Litigation & Arbitration

Class & Collective Actions

Labor-Management Relations

Terminations, Reductions in Force & WARN Act

Disability, Accommodations & Leave Management

Strategic Corporate Planning

Higher Education

Education

Boston College Law School, J.D., 1978

St. Peter's College, B.A., 1975
summa cum laude

Admissions & Qualifications

New York

New Jersey


Lisa Reeves is Assistant General Counsel for Turner Broadcasting System, Inc. In that capacity, she provides legal advice on employment matters to a variety of clients, including Human Resources, managers and executives. She also serves as the negotiator of talent agreements and other employment and independent contractor agreements for the CNN US network. In addition, she provides oversight of and advice regarding labor matters across Turner divisions.

Lisa came to Turner from Ford & Harrison, LLP, a law firm that specializes in labor and employment law, where she represented clients in the telecommunications, airline, and television industries, among others. She received a Bachelor of Arts in Foreign Affairs and Spanish from the University of Virginia, and a Juris Doctor from Emory University School of Law, with honors. She is a member of Women in Cable Telecommunication (WICT), and the Georgia State Bar.

Turner Broadcasting System, Inc., a Time Warner company, creates and programs branded news; entertainment; animation and young adult; and sports media environments on television and other platforms for consumers around the world. 


Rachel Bien, a Partner at Outten & Golden LLP and a Co-Chair of its Class & Collective Action Practice Group, represents employees in class action wage and hour and discrimination cases.

Ms. Bien has represented thousands of workers in wage and hour class and collective actions, including unpaid interns, restaurant workers, and workers misclassified as “exempt” from overtime laws, including Entry-Level Auditors, Medicaid Marketing Representatives, Financial Advisors, Mortgage Brokers, and Exterminators.  In addition to wage and hour cases, Rachel has also represented workers in discrimination class actions, including pay and promotion claims on behalf of female grocery store workers and disparate impact claims on behalf of African American and Latino workers denied jobs because of their criminal histories.

She graduated cum laude from Brooklyn Law School in 2005 and joined Outten & Golden LLP in October 2006 after serving as a Law Clerk to the Honorable Thomas G. Nelson on the Ninth Circuit Court of Appeals. 


Sandi F. Dubin is Associate General Counsel and Deputy Director of Labor Relations for New York University, where she represents the University in and advises on labor and employment matters.  Prior to joining New York University in 2011, Sandi briefly served as Assistant General Counsel in the legal department of Jefferies & Company, focusing on employment matters. 

Previously, Sandi was in private practice as an associate at Paul Hastings LLP, in the Employment Law Department, where she represented employers in discrimination, harassment, wage and hour and other employment-related matters in federal and state courts, as well as before various administrative agencies.  Sandi also advised employers on all aspects of employment and labor law, and represented employers in traditional labor matters, including collective bargaining and in proceedings before the National Labor Relations Board.  Prior to joining Paul Hastings, Sandi was an associate in the Litigation Department, Labor and Employment Group at Herrick, Feinstein LLP.

Sandi received her J.D. from the Benjamin N. Cardozo School of Law, magna cum laude, where she was a member of the Moot Court Honor Society, received the Jacob Burns Medal and Best Advocacy Writing Award, and graduated Order of the Coif.  She received her B.A. from the University of Pennsylvania, cum laude

Sandi is a member of the New York and New Jersey Bars, and is a member of the National Association of College and University Attorneys.
 


Sara Elder is Divisional Vice President, Associate Relations and Compliance for Sears Holdings Management Corporation.  In this role, Ms. Elder oversees the associate relations, labor relations, HR policy, HR compliance, and discrimination charge management functions for Sears, Roebuck and Co. and Kmart Corporation. In addition, she is responsible for Sears, Roebuck and Co.’s and Innovel Solutions, Inc.’s affirmative action programs.

Prior to joining human resources, Ms. Elder was Assistant General Counsel, Complex Litigation for Sears, Roebuck and Co., with a focus on class action and commercial litigation, and employment practices.  She joined Sears following eight years of private practice, concentrating in the areas of commercial litigation, employment practices and creditors’ rights

Ms. Elder has frequently presented and trained on the issues of leave and accommodation management and was a contributing author to the inaugural issue of the West publication Successful Partnering Between Outside and Inside Counsel (Employment Law Section) (1999-2000 ed.).  In 2012, Ms. Elder was named as one of the Top 100 Under 50 Diverse Executive & Emerging Leaders by Diversity MBA Magazine.

Ms. Elder graduated from DePaul University College of Law, where she was editor-in-chief of the DePaul Business Law Journal, and received her undergraduate degree in history and sociology from Washington University in St. Louis summa cum laude.


Willis Goldsmith represents management in labor and employment law matters including practice before state and federal trial and appellate courts in matters arising under the NLRA, Section 301 of Taft-Hartley, ERISA, Title VII of the Civil Rights Act, and OSHA; in injunction, breach of contract, and employment cases; and in collective bargaining and labor contract administration.

Among his noteworthy matters is Chamber of Commerce v. Brown, which Willis argued before the U.S. Supreme Court. The Court, reversing an en banc decision of the Ninth Circuit, held that a California statute that prevented employers from using state funds to lawfully deter union organizing was preempted by the NLRA, noting federal labor policy favoring employer speech regarding union organizing efforts.

Willis was Partner-in-Charge in New York from 2008 through 2012, when he stepped down from that position under the terms of the Partnership Agreement; from 1991 to 2006, he chaired the Firm's Labor & Employment Practice. He has authored numerous articles and participated in many conferences focusing on labor and employment law issues. Willis is a Fellow of the College of Labor and Employment Lawyers; member of the Labor Law Advisory Committee of the U.S. Chamber of Commerce; advisor, American Law Institute Restatement of the Law Third Employment Law; the advisory board of the NYU School of Law Center for Labor and Employment Law; the Association of the Bar of the City of New York; the Labor and Employment Law sections of the New York State Bar Association (Section Secretary 2013-2014); and of the ABA. He is a member of the board of directors of the Legal Aid Society of New York City and of Appleseed's New York Advisory Council.

EXPERIENCE HIGHLIGHTS

New York Philharmonic (Philharmonic Symphony Society of New York, Inc.) collective bargaining negotiations with Local 802, American Federation of Musicians

Verizon Wireless obtains injunctive relief in action seeking to enforce non-disclosure, no-hire, and non-solicitation provisions against future competitor

IBM wins affirmance of dismissal of disability discrimination claims

HONORS & DISTINCTIONS

The Best Lawyers in America — Labor and Employment Law

Chambers USA: America's Leading Business Lawyers (Band 1)

Legal 500 US — Leading Lawyer

Human Resource Executive Magazine: "The 100 Most Powerful Employment Attorneys in America"

Education

New York University (J.D. 1972); Brown University (A.B. 1969)

Bar Admissions

New York; District of Columbia; U.S. Supreme Court; U.S. Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, and D.C. Circuits; and U.S. District Courts for the Southern, Eastern, and Northern Districts of New York and District of Columbia


Yolanda Seals-Coffield is a Principal and Leader of the Employment Law Group with PricewaterhouseCoopers LLP, where she leads a team of lawyers responsible for advising the firm's Human Capital team, the Office of Partner Affairs, and the Office of Diversity.  Ms. Seals-Coffield also serves as the trusted advisor on global employment law and diversity matters.

Prior to joining PwC in October 2010, Ms. Seals-Coffield was a Vice President and Assistant General Counsel with Diageo North America, Inc., where she led a team of lawyers responsible for labor and employment, compliance, supply, procurement, external affairs, and the Canadian business.    

Prior to joining Diageo in 2003, Ms. Seals-Coffield was an employment litigator with the law firm of Paul, Hastings, Janofsky & Walker LLP.  Her practice involved the defense of employers in discrimination, sexual harassment, wrongful termination, breach of contract, wage and hour, and other claims.  Ms. Seals-Coffield received her J.D. from the Boston University School of Law in 1996 where she was a Martin Luther King, Jr. Fellow, and a staff editor of the Public Interest Law Journal.  She received her B.A., cum laude, from Howard University in 1993.  She served as a judicial law clerk to Chief U.S. Magistrate Judge Joyce London Alexander, United States District Court, District of Massachusetts. 

Yolanda currently resides in Norwalk, Connecticut with her husband Eric and their two daughters, Sydney and Mackenzie.


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).


Dwight D. Opperman Professor of Law, Director, Center for Labor and Employment Law & o-Director, Opperman Institute of Judicial Administration, New York University; of counsel, Schulte Roth & Zabel, in the employment and employee benefits practice group.

Samuel Estreicher has published more than a dozen books, including a forthcoming Cambridge University Press book on access to civil justice and Oxford University Press book on global labor and employment law; leading casebooks on labor law and employment discrimination and employment law; and authored more than 150 articles in professional and academic journals. After clerking for Judge Harold Leventhal of the US Court of Appeals for the DC Circuit, practice in labor law firm, and clerking for Justice Lewis F. Powell Jr. of the US Supreme Court, Estreicher joined the NYU School of Law faculty in 1978. He is the former secretary of the Labor and Employment Law Section of the American Bar Association, a former chair of the Committee on Labor and Employment Law of the Association of the Bar of the City of New York, and chief reporter of the Restatement Third of Employment Law, sponsored by the American Law Institute. In addition, he maintains an active appellate and arbitration-mediation practice.  The Labor and Employment Research Association awarded him its 2010 Susan C. Eaton Award for Outstanding Scholar-Practitioner. In recent years, Estreicher has published work in public international law and authored several briefs in the Supreme Court and US courts of appeals on international issues. In 2013, he was appointed a member of the Administrative Review Board of the Asian Development Bank in Manila, The Philippines. Estreicher received his BA from Columbia College, his MS in industrial relations from Cornell University, and his JD from Columbia Law School, where he was editor-in-chief of the Columbia Law Review.


ALEXANDER C.B. BARNARD is Director & Counsel at Credit Suisse Securities (USA) LLC.  He serves as Head of Employment Litigation for the Americas Region for Credit Suisse, based in New York.  He has represented Credit Suisse as lead counsel in hundreds of mediations, arbitrations and court cases over the past decade.  Prior to joining Credit Suisse in early 2007, Mr. Barnard practiced with the law firm of Quinn, Emanuel, Urquhart & Sullivan, LLP.  Mr. Barnard is a Harlan Fiske Stone Scholar graduate of Columbia Law School and he speaks regularly on developments in litigation and employment law.


Jill L. Rosenberg, an employment partner at Orrick, Herrington & Sutcliffe LLP in New York, is a nationally recognized employment litigator and counselor.  Ms. Rosenberg has significant experience defending and advising employers in discrimination, sexual harassment, whistleblowing, wrongful discharge, affirmative action, wage-and-hour and traditional labor matters.  She handles complex individual cases, as well as class actions and systemic government investigations.  She represents a broad range of companies, with a focus on employers in the securities industry, banks and financial institutions, accounting firms and law firms.  Ms. Rosenberg also has particular expertise in the representation of nonprofit entities, including colleges, universities, hospitals, foundations and cultural institutions.  She frequently speaks on employment law issues for employer and bar association groups.  Ms. Rosenberg has been recognized by Chambers USA as a leading employment lawyer. Ms. Rosenberg is the firm-wide Partner in Charge of Pro Bono Programs and serves on the firm’s Personnel Development, Risk Management and Diversity Committees.  She currently serves as the Co-Chair of the Diversity and Leadership Committee of the New York State Bar Association Labor and Employment Law Section.  She is a member of the Board of Directors of New York Legal Assistance Group, a legal services organization serving New Yorkers in need.  Ms. Rosenberg graduated from Princeton University, and earned her J.D. from The University of Chicago Law School.


Joseph Sellers is a partner and head of the civil rights and employment practice in Washington, D.C. at the firm of Cohen Milstein Sellers & Toll PLLC. Before coming to that firm in 1997, he was the head of the Employment Discrimination Group at the Washington Lawyers’ Committee for Civil Rights and Urban Affairs for 16 years. In more 30 years of legal practice, he has served as lead or co-lead counsel in more than 60 civil rights and employment class or collective actions where he has represented workers and others who claim to have been victims of discrimination or other forms of corporate or governmental misconduct. He has tried civil rights class actions to judgment before juries and courts and has argued more than 30 cases before appellate courts, including the U.S. Supreme Court where he argued Wal-Mart Stores v. Dukes. He has taught Professional Responsibility and Employment Discrimination.  He has served as a mediator in a variety of matters.


Laura S. Schnell, a member of the firm of Eisenberg & Schnell LLP, has practiced employment law in New York City on behalf of employees for over thirty years.  She is a 1980 graduate of Dartmouth College and a 1983 graduate of the University of Chicago Law School and served as a law clerk for the Honorable Jack B. Weinstein in the United States District Court for the Eastern District of New York from 1983 to 1984.  Ms. Schnell represents employees in all aspects of employment law and has extensive employment discrimination, non-compete and employment contract litigation experience as well as financial industry arbitration experience.  She has served on numerous bar committees and is a frequent speaker on issues involving employment litigation, arbitration and mediation.  She has been a Best Lawyers and Super Lawyers recognized attorney since 2006 and was named the New York Best Lawyer of the Year, Employment Law-Individual for 2012 and again for 2017.


The Honorable Faith S. Hochberg is a nationally recognized Federal Judge and former United States Attorney known for her broad expertise in complex corporate, securities, antitrust and patent litigation. She retired from the bench in 2015 and founded Hochberg ADR, which provides mediation, arbitration and litigation strategy services. In addition to her own firm, Judge Hochberg is also a distinguished neutral on the rosters  of AAA, ICDR, Fed Arb, CPR, WIPO, the ITC and International Court of Commerce (ICC).

Judge Hochberg presided over 132 patent cases as well as numerous nationwide cases where she was appointed by the Judicial Panel on Multi District Litigation. She is regularly invited to speak both in the US and abroad about patent litigation, trade secrets, class actions, international arbitration, employment law, and mediation.

Judge Hochberg sat by designation on the Federal Circuit Court of Appeals and has served as a Patent Pilot judge and co-chair of the Judges’ Committee of the Federal Circuit Bar Association.   She was honored as the first Fellow of the Innovation Center for Law and Technology at New York Law School, in recognition of her contribution to the advancement of intellectual property law. She also serves on its Advisory Board, together with entrepreneurs and business leaders.

Prior to ascending the bench, Judge Hochberg served as the United States Attorney for the District of New Jersey, and Deputy Assistant Secretary of the United States Treasury Department, as well as the private practice of law.  In those roles, she worked at the top levels of the United States Justice and Treasury Departments on issues involving bank regulation, investigation and enforcement; money laundering; and supervised the Treasury Department's Office of Foreign Assets Control; Bank Secrecy Act; and its law enforcement divisions.

Judge Hochberg received her J.D. from Harvard Law School, magna cum laude, where she was an Editor of the Harvard Law Review. She graduated, summa cum laude, from Tufts University, and was elected to Phi Beta Kappa. She also attended the London School of Economics.


Thomas E. Spahn practices as a commercial litigator with McGuireWoods in Tysons Corner, Virginia.  Tom was selected as the 2013 metro-Washington DC "Lawyer of the Year" for "Bet the Company Litigation" by The Best Lawyers in America (Woodward/White, Inc.).  He has served on the ABA Standing Committee on Ethics and Professional Responsibility, and is a Member of the American Law Institute and a Fellow of the American Bar Foundation.  Tom has written extensively on attorney-client privilege, ethics and other topics, and has spoken at over 1,500 CLE programs throughout the U.S. and in several foreign countries.  Through links on his website bio, Tom has made available to the public:  his summaries of over 1,600 Virginia and ABA legal ethics opinions, organized by topic; a 300 page summary of his two-volume 1,500 page book on the attorney-client privilege and work product doctrine; over 750 weekly email alerts about privilege and work product cases; materials for thirty ethics programs on numerous topics, including approximately 7,000 pages of analysis.  Tom graduated magna cum laude from Yale University and received his J.D. from Yale Law School.


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 New York City “Employment Law - Management Lawyer of the Year” for 2017 as well as for 2014 and the 2012 “New York City Labor Law – Management Lawyer of the Year” by The Best Lawyers in America,  and is one of 33 lawyers in the United States named in “Best of the Best USA 2015” as leading labor and employment lawyers.  In 2017 and for each of the prior nine 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.