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Understanding Employment Law 2016


Speaker(s): Aimee B. Florin, Hanan B. Kolko, Heather A. Glatter, Hon. M. Patricia Smith, Jill L. Rosenberg, Laura S. Schnell, Louis P. DiLorenzo, Patrick Lamparello, Rachhana T. Srey, Raechel L. Adams, Robert M. Hale, Terrence H. Murphy, Theodore O. Rogers, Jr., Valdi Licul, Vicki R. Walcott-Edim, Wendy C. Butler
Recorded on: Apr. 1, 2016
PLI Program #: 150392

Patrick J. Lamparello
Proskauer Rose LLP 

Patrick J. Lamparello is a senior counsel in the Labor & Employment Law Department, who devotes his practice to representing employers in federal and state litigations, arbitrations and administrative proceedings, as well as counseling clients in employment matters.

Patrick has significant experience representing and counseling clients in the financial services industry, including hedge funds, private equity funds, investment banks and other investment advisors. In addition to his financial services industry focus, he also provides counseling and representation to clients in such diverse industries as utilities, retail, sports and entertainment as well as restaurants and other law firms.

Patrick represents clients on a wide variety of labor and employment matters, including employment discrimination, sexual harassment, retaliation, wrongful discharge, defamation, breach of contract, whistleblowing and wage-and-hour issues. He has appeared on behalf of clients in proceedings before the Financial Industry Regulatory Authority, the National Association of Securities Dealers, the New York Stock Exchange, JAMS, AAA and in state and federal courts. Patrick has successfully tried single-plaintiff cases in both arbitration and in court, on matters including allegations of failure to pay overtime compensation and has experience handling class and collective action lawsuits.

In addition, Patrick provides counseling to employers with respect to a variety of employment related issues, including management of personnel problems, terminations, investigation of employee complaints, employee benefit plans, employee handbooks and employment/labor law due diligence with respect to IPOs. He also conducts wage and hour audits under federal and state wage-hour laws.


Focus Areas

Discrimination and Harassment Litigation and Trials

Labor Management Relations Class Actions

Business Restructuring

Overview

Terry Murphy has represented employers for more than 30 years in all aspects of labor and employment law, including:

  • Discrimination and employment jury trials
  • Employment class actions
  • Fair Labor Standards Act collective actions
  • Equal Employment Opportunity Commission litigation
  • National Labor Relations Board proceedings
  • Collective bargaining
  • Labor arbitration
  • Complex transaction advice

He practices regularly in multiple federal district courts and has extensive knowledge of:

  • Title VII
  • The Americans with Disabilities Act
  • The Age Discrimination in Employment Act
  • The National Labor Relations Act
  • Executive Order 11246
  • Public sector bargaining laws

In recent years, Terry has:

  • Represented a major trucking company in EEOC pattern-and-practice sex discrimination litigation
  • Defended retail chains, oilfield drilling companies and life insurers in asserted nationwide collective actions under FLSA
  • Defended a Fortune 100 manufacturing company in a nationwide age discrimination class action

Formerly, the Assistant General Counsel of a Fortune 12 manufacturing company, Terry counsels employers on wage and hour matters, human resource practices and policies, affirmative action, reductions-in-force, workplace investigations and corporate transactions. His clients include hospitals, universities and manufacturing companies.

Terry regularly speaks on labor and employment law issues for the American Bar Association and other groups. He has been a chapter editor and senior editor of the Employment Discrimination Law (BNA).


Hanan B. Kolko joined Cohen, Weiss and Simon LLP in March 2019.

Mr. Kolko practices in the area of labor and employment law.  He represents labor unions in federal and state court litigation, arbitration proceedings, administrative proceedings before various regulatory agencies, and in collective bargaining.  Mr. Kolko also advises unions and their leaders on internal union governance, the investigation and handling of sexual harassment claims, and internal union elections.  He has represented unions in a wide variety of industries including publishing, media, education, health care, law enforcement, transportation, and manufacturing.

Prior to joining Cohen, Weiss and Simon LLP, Mr. Kolko was a partner at two major union-side firms in New York City, and began his career as a lawyer as an associate at union-side firms in Cleveland, Ohio and Detroit, Michigan.  While in law school, Mr. Kolko was a law clerk for the United Auto Workers.  His first experience working with unions was while he was in college, where he was an intern for the Rochester, New York PATCO local.  He is a graduate of the Cornell University School of Industrial and Labor Relations and a cum laude graduate of the University of Michigan Law School, where he received the Book Award for the highest grade in his labor law class.

Mr. Kolko is a former co-chair of the American Bar Association’s Section on Labor and Employment Law Committee on Technology in the Workplace, and is an Advisory Board Member of Cornell University’s School of Industrial and Labor Relations.  He has given continuing legal education presentations on a wide variety of labor law topics to groups including the AFL-CIO Lawyers Coordinating Committee, the American Bar Association’s Section on Labor and Employment Law Committee on Technology in the Workplace, and the Practicing Law Institute.  He has been named a Super Lawyer for Employment and Labor Law on the New York Metro Annual Lists of Super Lawyers from 2015-2018.

Mr. Kolko also represents clients in the cannabis industry.  He advises these clients in areas including licensing applications, regulatory compliance, internal investigations, and in litigations. He has lectured extensively on cannabis law issues, giving presentations on issues including legal ethics and the representation of cannabis clients, bankruptcy and the cannabis industry, the current state of legal affairs in the cannabis industry, RICO claims against cannabis industry participants, and the New York State Compassionate Care Act.


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.


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 association.


Rachhana T. Srey is a partner at Nichols Kaster whose practice is primarily dedicated to national wage and hour complex class and collective action litigation. Since joining the firm as an attorney in 2004, Rachhana has been a zealous advocate for thousands of employees in recovering their unpaid wages under federal and various state wage and hour laws. She has had the opportunity to represent a wide variety of employees including nurses, home health aides, field service technicians and engineers, satellite and cable technicians, and hourly call center and processing plant workers.  In February 2015, after winning affirmative summary judgment on the company’s liability, Rachhana tried a collective action damages trial in the W.D. Texas, and secured a significant award for her clients who were improperly classified as exempt. This was Rachhana’s third wage and hour trial in four years.  One of the favorable verdicts from one of her wage and hour trials is up at the United States Supreme Court on the defendant’s cert petition.  In addition to her W&H class action practice, Rachhana is also currently litigating a 3600+ age discrimination class case venued in the EEOC.  

Rachhana’s exceptional litigation, trial advocacy and case management skills, hard work ethic, and dedication to her clients have earned her the respect of her clients and of her colleagues in the legal community.  Rachhana is very active in several organizations, including the National Employment Lawyers Association and the ABA Labor and Employment Law Group, taking leadership roles to help plan continuing education programs, and is often invited to speak nationally and locally on a wide range of topics including wage and hour litigation, class and collective action litigation strategies, discovery issues, recent developments in the law, and age and gender discrimination. 

Admissions

United States Supreme Court

Minnesota Supreme Court

Fifth Circuit Court of Appeals

Sixth Circuit Court of Appeals

U.S. District Court – District of Colorado

U.S. District Court – Eastern District of Michigan

U.S. District Court – Minnesota

U.S. District Court – Western District of New York

U.S. District Court – Western District of Tennessee

U.S. District Court – Eastern District of Wisconsin

U.S. District Court – Western District of Wisconsin


Raechel L. Adams is currently Acting Assistant General Counsel for the Office of General Counsel (OGC) of the United States Equal Employment Opportunity Commission.  Ms. Adams previous served as a Supervisory Trial Attorney in the New York District Office (EEOC), where she worked in the Legal Unit from 1999 until December 2019. After working as a Trial Attorney for 11 years, Ms. Adams was appointed to serve as Acting Supervisory Trial Attorney in 2010, Supervisory Trial Attorney in 2012, and Acting Regional Attorney in 2015. In October 2017, Ms. Adams also joined EEOC’s Litigation Management Services, where she assists the Office of General Counsel in field coordination matters. In this capacity, she is responsible for implementing and improving OGC information systems and guidance materials for the field. Ms. Adams works with EEOC litigators nationwide to facilitate sharing of internal work product, litigation best practices, and institutional knowledge. 

Ms. Adams has litigated and supervised litigation of employment discrimination cases for the EEOC throughout New York State, New Jersey and New England, including enforcement actions under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act, and the Genetic Information Nondiscrimination Act. Ms. Adams has litigated several notable class and systemic cases during her tenure with the New York District Office, including EEOC v. Morgan Stanley Dean Witter, a pattern-or-practice case involving sex discrimination in pay and promotions, EEOC and the United States v. New York State Department of Correctional Services, an Equal Pay Act case involving a discriminatory policy of switching female employees from paid workers’ compensation to unpaid maternity leave, EEOC v. Bloomberg LP., a global sex/pregnancy pay discrimination case, EEOC v. Carrols Corp., a nationwide sexual harassment case, EEOC v. FAPS, a race discrimination in hiring case, EEOC v. Princeton Healthcare Sys., a fixed-leave policy case filed under the Americans with Disabilities Act, and EEOC v. Day & Zimmermann NPS, an Americans with Disabilities Act retaliation and interference case. Ms. Adams supervised a three-week jury trial in EEOC v. Texas Roadhouse, a nationwide age discrimination in hiring case, which, after the jury deadlocked, resulted in a $12M public settlement.

Ms. Adams served as the New York District representative on the EEOC’s National Diversity and Inclusion Council. She has also participated as a mentor in EEOC’s mentoring program. Before working in New York, Ms. Adams worked in EEOC’s Headquarters in Washington, DC, in the Systemic Litigation Services group.  Ms. Adams graduated from the Columbus School of Law at Catholic University and Washington University in St. Louis.


Rob Hale, a partner in and chair of Goodwin’s Labor & Employment Practice, represents employers across a broad spectrum of employment matters.

Mr. Hale’s practice involves representation of clients in employment litigation, including noncompetition, discrimination, wrongful discharge, FLSA and ERISA litigation. He has obtained successful results for employers at all stages of litigation, including in preliminary injunction proceedings, at summary judgment, at trial and on appeal. Mr. Hale is experienced in successfully representing employers before administrative agencies and in labor arbitrations. His practice also includes counseling in numerous areas of labor and employment law, including disability discrimination, sexual harassment and other discrimination matters; noncompetition agreement and other restrictive covenants; downsizing; employment agreements; wage and hour compliance; collective bargaining; and personnel policy development and administration. In addition, Mr. Hale is experienced in providing training for managers, supervisors and human resources professionals.

Mr. Hale is a former employer co-chair of the Federal Labor Standards Legislation Committee of the American Bar Association. He is a former chair of the ABA's subcommittee on the Family and Medical Leave Act, the ABA's subcommittee on the WARN Act and the Boston Bar Association's Employee Benefits/ERISA Committee. He is also a member of the National Association of College and University Attorneys (NACUA).

Mr. Hale was elected as a fellow of the College of Labor and Employment Lawyers in 2007. He has also been repeatedly selected for inclusion in Chambers USA: America's Leading Lawyers for Business, The Best Lawyers in America and Super Lawyers magazine.

Mr. Hale has spoken at a number of seminars, including those presented by the American, Boston and Massachusetts Bar Associations, Practising Law Institute and various professional and trade groups.


Valdi Licul is a Partner at Wigdor LLP. Mr. Licul is a highly accomplished civil rights attorney who has devoted his 25-year career to the representation of plaintiffs in employment and anti-discrimination cases. He has represented numerous plaintiffs in legal matters involving sexual harassment, discrimination based on sex, pregnancy, race, age, national origin, disability, religion and/or sexual orientation, whistleblower retaliation, executive compensation, breach of contract, restrictive covenants, trade secrets, defamation, wage and hour violations, and other employment-related disputes. His trial verdicts, arbitration awards and confidential settlements total in the tens of millions of dollars.

A stalwart disability rights advocate, Mr. Licul has represented individuals with disabilities in employment discrimination and civil rights cases in federal and state court, including claims under the Americans with Disabilities Act (ADA) as well as the New York State and City Human Rights Laws. He has spoken at numerous legal conferences and seminars on disability rights in the workplace and access to justice for people with mental and physical disabilities.

Mr. Licul represents clients from a wide range of industries, including financial services, private equity, accounting, law, healthcare, sports and leisure, media and entertainment, education, real estate, architecture, transportation, telecommunications, fashion and many others.

Mr. Licul has handled complex and high-profile matters that have garnered significant media attention.  He and his cases have been featured in The New York Times, The Wall Street Journal, The Washington Post, New York Law Journal, USA Today, Reuters, Bloomberg, CNN, TIME, CBS New York, NBC Sports, ESPN, Sports Illustrated, Vogue, Buzzfeed News, New York Daily News, New York Post, Newsday, Daily Mail, ABA Journal, Bloomberg Law, Law360, Business Insurance, The Real Deal, Ad Age and other notable outlets.

Mr. Licul is a frequent lecturer and speaker on employment-related legal issues.  He is regularly invited to speak at the New York City Bar Association on a variety of legal topics, and he has also presented lectures and Continuing Legal Education (CLE) seminars on topical employment subjects for the Practising Law Institute, Judicial Arbitration and Mediation Services (JAMS), Legal Services Corporation, the Federal Bar Council, Strafford Publications and other leading educational forums.   Mr. Licul is also an adjunct professor at Fordham University School of Law, and he has been invited to give guest lectures at Columbia Law School, the Benjamin N. Cardozo School of Law and New York Law School.  

Mr. Licul is a member of the Second Circuit’s Pro Bono Panel, where he represents pro se litigants in civil appeals in connection with complex employment and civil rights cases.  He has also been invited to serve as pro bono counsel in employment mediation matters by the U.S. District Court for the Southern District of New York.  Mr. Licul is the co-chair of the Employment Litigation Committee of the Federal Bar Council and served on the Disability Law Committee of the New York City Bar Association.

Mr. Licul received his Juris Doctor from Brooklyn Law School.  He earned his M.A. cum laude from the New York Institute of Technology, where he also received his B.A. with honors.

 


Vicki Walcott-Edim is Vice President and Senior Managing Counsel, Global Employment Law for Mastercard. She provides strategic direction on the company’s global employment law function and strategic advice and day-to-day guidance on an array of matters to help Mastercard attract and retain top talent. She advises on company initiatives, policies and procedures; compliance with employment laws and regulations; OFCCP requirements; restrictive covenants; diversity and inclusion practices; employee compensation and benefits; corporate restructuring; and immigration. She also manages outside counsel’s representation of Mastercard in litigation and agency proceedings, serves as a resource for Regional Counsel on global employment law issues, and negotiates complex commercial agreements for services, technology, and products Mastercard needs to maintain its competitive edge.

Before joining Mastercard, Vicki served as Senior Counsel, Employment Law with Macy’s and Bloomingdale’s. She advised on a variety of employment issues and claims concerning discrimination, harassment, retaliation, immigration, business reorganizations, leaves of absence, reasonable accommodations, wage-hour issues, and workplace violence. She defended the company in arbitration claims, government investigations, and other proceedings before federal, state, and local regulatory agencies. She regularly conducted training on a variety of employment law topics for Human Resources and other executives.

Vicki began her legal career at Jones Day where she worked as an attorney in the firm’s Labor and Employment practice group. Her experience included individual employment disputes filed in court and subject to arbitration as well as complex class, collective, and multi-plaintiff actions, including pattern or practice cases brought by private plaintiffs and the U.S. Equal Employment Opportunity Commission. 

She graduated cum laude with a Juris Doctor degree from The Catholic University of America’s Columbus School of Law, where she was an Executive Board Member and Production Editor for the Catholic University Law Review. She earned a Bachelor of Arts degree in Government from The College of William & Mary.


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.


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.


Wendy Butler has over 20 years of experience defending employment-related litigation and advising employers on legal compliance. She focuses on the defense of class and collective claims under various federal and state employment laws. In these high exposure and often high profile cases, she has had repeated success defeating class and/or collective action certification and obtaining favorable decisions on the merits. She also has extensive experience defending individual and multiplaintiff cases under the ADA, ADEA, FMLA, Title VII, ERISA, and numerous state laws. Her practice includes counseling on a variety of employment issues, including Human Resources policies, litigation avoidance, employment agreements, restrictive covenants, reductions in force, wage hour audits and compliance, pay equity audits, and internal investigations.

Wendy has written and spoken on a variety of topics, including wage and hour laws, whistleblower and discrimination litigation, and the defense and settlement of class actions. She is a member of the New York State Bar Association Labor & Employment Section, where she has served on the Wage and Hour Committee.