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Employment Discrimination Law & Litigation 2016

Speaker(s): Anne C. Vladeck, Carmelyn P. Malalis, Chris M. Kwok, Darnley D. Stewart, Donna Lazarus, Hon. Cheryl L. Pollak, Hon. J. Paul Oetken, Hon. James C. Francis IV (Ret.), Hon. William F. Kuntz, II, Jeremiah Iadevaia, Kathleen M. McKenna, Louis P. DiLorenzo, Marjory D. Fisher, Esq., Pearl Zuchlewski, Raymond McLeod, Sean McKessy , Stephanie B. Franco, Susan Ritz, Terri L. Chase, Tracy Richelle High
Recorded on: Jun. 20, 2016
PLI Program #: 150426

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.

Carmelyn P. Malalis was appointed Chair and Commissioner of the New York City Commission on Human Rights by Mayor Bill de Blasio and began her tenure in February 2015 following more than a decade in private practice as an advocate for employees’ rights in the workplace.

Prior to her appointment, Commissioner Malalis was a partner at Outten & Golden LLP. She joined the firm in 2004 where she co-founded and co-chaired its Lesbian, Gay, Bisexual and Transgender Workplace Rights Practice Group; co-chaired its Disability and Family Responsibilities Discrimination Practice Group; and successfully represented employees in negotiations, agency proceedings, and litigation involving claims of sexual harassment, retaliation, and discrimination based on race, national origin, sex, gender identity, gender expression, sexual orientation, age, pregnancy, disability, and religion. She is currently a member of the New York City Bar Association's Executive Committee and has held a variety of leadership roles with other groups, including co-chairing the Committee on Diversity in the Legal Profession for the American Bar Association’s Labor and Employment Law Section, serving on the Advisory Committee of the LGBT Rights Project at Human Rights Watch, chairing the New York City Bar’s Committee on LGBT Rights, and serving on the board of Queers for Economic Justice. In 2014, Commissioner Malalis co-planned and co-facilitated the inaugural Employment Law Institute at the National Lesbian & Gay Law Association’s annual Lavender Law Conference.She has been a member of the New York State Bar Association, the National Lesbian & Gay Law Association, and the Lesbian & Gay Law Association of Greater New York.

Commissioner Malalis earned her J.D. from the Northeastern University School of Law and received a B.A. in Women's Studies from Yale University. She and her wife live in Brooklyn with their two children.

Chris M. Kwok, Esq. comes to JAMS as a well-known and highly sought after mediator of complex labor and employment disputes.

Mr. Kwok’s stellar reputation stems from a 15-year career at the New York District Office of the U.S. Equal Employment Opportunity Commission (EEOC), where he mediated hundreds of employment disputes. During his tenure at the EEOC, Mr. Kwok also served for four years as supervisory ADR coordinator, where in addition to his own mediation work, he oversaw employment law mediations across all EEOC offices within the New York District Office region. Mr. Kwok is known for his ability to formulate creative and unique solutions to seemingly intractable employment disputes.

ADR Experience and Qualifications

At the EEOC, Mr. Kwok convened and mediated more than 1,000 employment law disputes involving Title VII of the Civil Rights Act of 1964, Title I of the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967. Representative matters include disputes involving breach of employment contracts; discrimination (age, gender, race, ethnicity, national origin, mental or physical disability); employment benefits and executive compensation; Fair Labor Standards Act (FLSA); harassment; labor-management relations and labor disputes, non-competition; trade secrets; OFCCP/affirmative action; retaliation; sexual harassment; wage and hour claims; and wrongful termination.

At the EEOC, Mr. Kwok served with the White House Initiative Commission on Asian Americans and Pacific Islanders and was also the founding chair of the Asian American Pacific Islander Network, the nationwide organization of the EEOC’s Asian American employees. He is an active presence in the labor and employment field as a trainer, lecturer and writer. With leading academics and practitioners, he has studied and written about diversity and inclusion in the mediation field. He has been invited to speak by the American Bar Association, Practising Law Institute, New York City Bar, New York County Lawyers Association, Brooklyn Bar Association, Asian American Bar Association of New York, Metropolitan Black Bar Association, The Association for Conflict Resolution – New York chapter, New York University School of Law, Cardozo School of Law, Columbia Law School, Brooklyn Law School and many others. He has also visited law firms and insurance companies to help
educate and promote the use of mediation in employment litigation.

In addition to his mediation work at the EEOC, Mr. Kwok served two years as a federal investigator in the EEOC’s Enforcement unit, where he investigated employment discrimination charges.
Mr. Kwok was born in China and raised in Queens. He was the founding co-chair of both the Labor &
Employment Committee at the Asian American Bar Association of New York and the Dispute Resolution Committee at the National Asian Pacific American Bar Association.

Darnley D. Stewart is Of Counsel to Outten & Golden LLP in New York, Co-chair of the Discrimination & Retaliation Practice Group, and Co-chair of the Lesbian, Gay, Bisexual, Transgender & Queer (LGBTQ) Workplace Rights Practice Group. Prior to joining the firm in 2015, Ms. Stewart was a partner at Bernstein Litowitz Berger & Grossmann LLP between 1999 and 2007, and a named partner at Giskan Solotaroff Anderson & Stewart LLP between 2008 and 2015.

Ms. Stewart received her B.A. from Princeton University in 1984, and her J.D. from Northeastern University School of Law in 1990. After law school, Ms. Stewart clerked for the Hon. R. Ammi Cutter and the Hon. Mel L. Greenberg on the Massachusetts Court of Appeals. Ms. Stewart was named Best Lawyers’ “Lawyer of the Year” for Employment Law-Individuals in 2013, and was a finalist for “Trial Lawyer of the Year” by the Trial Lawyers for Public Justice in 2004.

Ms. Stewart is admitted to practice in New York and is a member of the American Bar Association, the National Employment Lawyers Association (“NELA”) and its New York affiliate (“NELA/NY”).

Jeremiah Iadevaia is a partner at Vladeck, Raskin & Clark, P.C., where he practices employment law.  Jeremiah has advised and litigated on behalf of employees in all areas of employment law, including discrimination, retaliation, and whistleblower claims, disputes related to breach of contract and restrictive covenants, and wage and hour violations.  Before joining the Vladeck firm, Jeremiah clerked for the Honorable Debra Freeman in the Southern District of New York.  Jeremiah is a 2006 graduate of Northeastern University School of Law.  He was a member of the New York City Bar Association's Labor and Employment Law Committee between 2013 and 2018, has lectured on employment matters for a variety of organizations, and has been named a New York Metro Rising Stars honoree (2017-2019).   

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


Boston College Law School, J.D., 1978

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

Admissions & Qualifications

New York

New Jersey

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.

Paul Oetken was nominated by President Barack Obama to serve as United States District Judge for the Southern District of New York on January 26, 2011.  He was confirmed by the Senate on July 18, 2011.  He graduated from the University of Iowa in 1988 and received a J.D. from Yale Law School in 1991.  Following his graduation from law school, he served as a law clerk to Judge Richard D. Cudahy (U.S. Court of Appeals for the Seventh Circuit) from 1991 to 1992, to Judge Louis F. Oberdorfer (U.S. District Court for the District of Columbia) from 1992 to 1993, and to Justice Harry A. Blackmun (United States Supreme Court) from 1993 to 1994.

Following his clerkships, Judge Oetken worked as an attorney at Jenner & Block in Washington, DC.  He then served as attorney-adviser in the United States Department of Justice Office of Legal Counsel from 1997 to 1999.  In 1999, Judge Oetken joined the White House Counsel’s Office, serving as Associate Counsel to President Bill Clinton until the end of President Clinton’s term in January 2001.  Judge Oetken then worked as an attorney at Debevoise & Plimpton in New York from 2001 to 2004, leaving to become head of litigation at Cablevision Systems Corporation, where he was Senior Vice President and Associate General Counsel until 2011.

Judge Oetken has taught Employment Law as an Adjunct Professor at Fordham Law School and has served on the Media Law Committee of the New York City Bar Association.  He serves as Counselor to the William C. Conner Inn of Court.

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.

Sean McKessy re-joined the SEC in February 2011 to oversee the Office of the Whistleblower in the Division of Enforcement. In that role, Mr. McKessy leads a program charged with working with whistleblowers, handling their tips and complaints, and helping the Commission determine the awards for individuals who provide the agency with information that leads to successful enforcement actions.

Mr. McKessy had a previous stint at the SEC, where he was a Senior Counsel in the Division of Enforcement from 1997 to 2000. More recently, Mr. McKessy served as corporate secretary for both Altria Group, Inc. and AOL Inc., and as securities counsel for Caterpillar, Inc. In these roles, Mr. McKessy developed and supervised internal compliance and reporting programs related to the federal securities laws, served as corporate compliance officer, and coordinated the reporting of potential violations to boards of directors.  He is a graduate of the University of Notre Dame and the National Law Center at George Washington University.

Stephanie Franco is Vice President, Employment Law for NBCUniversal Media, LLC.  She has a broad practice in employment matters, encompassing all legal aspects of the employment relationship from offer letter through termination.  She handles all employment-related claims, including those before federal and state administrative agencies.  Stephanie also authored and currently oversees NBCUniversal’s dispute resolution program and regularly represents NBCUniversal in mediations and arbitrations of employee claims.  In addition, she is responsible for employee training on harassment and discrimination prevention, workplace violence, company policies, including those pertaining to social media, and trains HR managers on investigations, mass layoffs, performance management, and hiring practices.

Prior to joining NBCUniversal, Stephanie was an employment attorney at Morgan, Lewis & Bockius and also at Stroock & Stroock & Lavan. Stephanie graduated from University of Pennsylvania School of Law and also has a bachelor’s degree from the University of Pennsylvania.

Susan Ritz 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, gender, 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 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 has received many accolades, including The Best Lawyers in America (every year beginning 1995), Super Lawyers (every year beginning 2006) and Lawdragon 500. She is rated AV by Martindale Hubbell and was selected for its 2011 Inaugural Edition of the Bar Register of Preeminent Women Lawyers. gives her a rating of ten out of ten.  She is also 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, Practising Law Institute, ALI-CLE, American Bar Association, College of Labor and Employment Lawyers, New York State Bar Association, New York City 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. 

Before beginning her law practice, Ms. Ritz served as the law clerk to New York Supreme Court Justice Kristin Booth Glen.  Ms. Ritz graduated cum laude from New York University School of Law, where she was a Root-Tilden Scholar and a member of the Order of the Coif.  She graduated from Brown University with an Honors B.A. in Ethics and Political Philosophy.  Ms. Ritz is admitted to practice in the state and federal courts of the state of New York, the Second Circuit and the United States Supreme Court. 

Terri Chase is an active litigator who has extensive experience handling complex employment litigation matters, including defending against employment discrimination, harassment and retaliation claims, FLSA and state wage and hour actions, breach of employment contract and noncompete agreement claims, defamation and related employment torts, and employee benefits claims. She has represented clients through all phases of litigation, including jury and bench trials and arbitrations, and arguing appeals, summary judgment motions, and preliminary injunction motions. In addition to litigation, Terri regularly counsels employers on a host of employment matters, including wage and hour compliance, Dodd-Frank and Sarbanes-Oxley whistleblower rules, the Family and Medical Leave Act, employment discrimination, harassment and retaliation claims, reductions in force, restrictive covenants, employment and severance agreements, managing a union workforce, and personnel policies and procedures. She also advises on employment issues that arise in the transactional context.

Terri recently represented a high-end national retail establishment in obtaining dismissal of harassment and discrimination claims in two separate public hearings at the New York State Division of Human Rights. She also obtained early dismissal of two putative wage and hour class actions filed against New York area health care institutions, as well as summary judgment on a number of discrimination and retaliation actions in federal and state courts.

Terri is a member of the labor and employment sections of the American Bar Association, the New York State Bar Association, and the New York City Bar Association. She is a regular speaker on employment law matters.


Chambers USA — consistently recognized as a leader in the field of labor & employment, New York

Legal 500 US — consistently recognized as a leading lawyer in workplace and employment counseling

Lawyer's Alliance for New York, 2011 Cornerstone Award for Pro Bono Service

Selected as 2011 Empire State Counsel Honoree for Pro Bono Service


Harvard University (J.D. 1994); Boston College (B.A. 1991)

Bar Admissions

New York, Connecticut, and Massachusetts

Associate Vice President Marjory Fisher is Columbia University’s Title IX Coordinator, responsible for monitoring the university’s policies and procedures for addressing sexual and gender-based misconduct, harassment, and other complaints under Title IX, the federal law that prohibits sex discrimination in federally-funded educational institutions. In addition, Ms. Fisher provides guidance on investigations, oversees Deputy Title IX Coordinators at the University, and is responsible for training University staff and others on Title IX issues.

 Ms. Fisher brings extensive legal and investigative experience to her post. She joined Columbia from T&M Protection Resources, where she served as Senior Managing Director of the Sexual Misconduct Consulting & Investigations Division. Ms. Fisher was formerly Bureau Chief of the Special Victims Bureau in the Queens District Attorney’s Office for 22 years, and prior to that served for eight years as Assistant District Attorney in the Sex Crimes Bureau and supervising Trial Attorney in the Homicide Bureau of the Kings County (Brooklyn) District Attorney’s Office.

 In her capacity at T&M, Ms. Fisher conducted sensitive investigations into allegations of sexual misconduct as well as provided Title IX trainings for investigators, adjudicators, faculty, administrators, staff and students at a wide range of colleges, universities and K-12 private and public schools. She also provided sexual harassment and investigations training for various private businesses and non-profit institutions.

 Ms. Fisher has been a St. John’s University Law School Adjunct Professor, where she taught a course on Sexual Assault and Family Violence. She is the recipient of multiple awards for excellence in trial work and the pursuit of justice, including recognition from the Mt. Sinai Rape Crisis and Intervention Program and the New York City Alliance Against Sexual Assault.

 She earned her juris doctor from George Washington University’s National Law Center.


Donna Lazarus
Schulte Roth & Zabel
919 Third Avenue
New York, NY 10022
+1 212.756.2594 |

 Donna Lazarus is an associate with Schulte Roth & Zabel, where she practices in the areas of employment and employee benefits and education law. She handles employment discrimination and labor relations matters and advises clients on hiring, managing and terminating employees in compliance with federal, state and local laws. She advises clients on harassment and discrimination matters and assists with drafting employment-related policies. Donna also works with a broad range of educational institutions, including independent schools, colleges, universities, professional training programs and education-related associations, advising them on a variety of legal matters including board liability, student discipline, learning and other disabilities, employment matters, harassment, admissions, contracts and litigation issues.

Judge Pollak became Chief Magistrate Judge for the Eastern District of New York in February 2020 after serving as a United States Magistrate Judge for the Eastern District of New York since November 1, 1995. She graduated magna cum laude from Princeton University in 1975 and received her J.D. degree from the University of Chicago Law School in 1978, where she was Articles and Book Review Editor of the University of Chicago Law Review. Following graduation from law school, Judge Pollak served as a law clerk to the Honorable William H. Timbers on the United States Court of Appeals for the Second Circuit. Thereafter, from 1979 to 1986, she was an associate at Davis Polk & Wardwell in New York.

In August 1986, Judge Pollak became an Assistant United States Attorney for the Eastern District of New York, where she served as Chief of the Narcotics/OCDETF Unit from 1991 to 1994, and Deputy Chief of the Criminal Division from 1994 to 1995.  She also served as International Affairs and National Security Coordinator for the United States Attorney's Office. She remained at the United States Attorney's Office until her appointment as a Magistrate Judge in November 1995.

Judge Pollak is a member of the American Bar Association and the Association of the Bar of the City of New York, where she has served as a member of the Federal Courts Committee, the Committee on Women in the Legal Profession, and the Criminal Law Committee.  She is Chair of the Criminal Justice Act Panel Committee of the Eastern District and has also served as a member of the Eastern District Advisory Committee on Civil Practice and Rules.  Judge Pollak has also served as a Master in the Inns of Court for the Federal Bar Council.  She has also participated in Moot Court, mock trial and trial advocacy programs at Columbia, NYU, Cardozo, St. John’s, Brooklyn and New York Law Schools.  She is also a Program Judge for the Special Options Services program, an alternative to incarceration program for youthful defendants. 


Ray has been with DOAR Litigation Consulting since 2002. His expertise in the use of technology, project management during complex litigation, and proficiency in a diverse range of litigation support applications quickly elevated him to become one of the best trial consultants in the field.

As a Director in the Trial Consulting practice, Ray serves as the primary contact for attorneys during support of high-stakes litigation. He specializes in the design and presentation of electronic evidence for use during trials, arbitrations and hearings in local or remote settings as well as the creation and maintenance of complex medium used during these engagements. He played an integral role in the support of cases such as US v. Martha Stewart, and has assisted a number of DOAR clients in obtaining favorable verdicts in trials representing major corporations such as Ernst & Young, Deloitte & Touché, Royal & Sun, MKS Instruments, and many others.

The Honorable James C. Francis IV (Ret.) is a Mediator, Arbitrator, and Special Master affiliated with JAMS. From 1985-2017, he served as a United States Magistrate Judge in the Southern District of New York, including a two-year term as chief magistrate judge. During his tenure, Judge Francis was responsible for conducting pretrial proceedings, mediating settlements, and presiding over trial in thousands of cases. The matters he handled include financial markets claims, employment discrimination class actions, wage and hour collective actions, multidistrict product liability litigation, civil rights class actions, mass torts, securities class actions, admiralty cases, copyright and trademark claims, patent infringement cases, and a wide array of complex commercial litigation. Judge Francis is nationally recognized as an expert in electronic discovery.

After stepping down from the bench in 2017, Judge Francis served as distinguished lecturer at the CUNY School of Law, where he taught Civil Procedure, Evidence, Electronic Discovery, Constitutional Torts, and Federal Courts.  Judge Francis has been an active member of several bar groups and currently serves on the Labor and Employment Committee of the New York City Bar Association.

Judge Francis graduated summa cum laude from Yale College, where he was a member of Phi Beta Kappa.  He received his juris doctor degree from the Yale Law School and a masters degree in public policy from the John F. Kennedy School of Government at Harvard University.  Following graduation from law school, Judge Francis clerked for the Honorable Robert L. Carter in the Southern District of New York.  After his clerkship, Judge Francis served an attorney with the impact litigation unit of the Legal Aid Society of New York. There, he litigated class actions and test cases in the areas of housing and education. He also established the Disability Rights Unit to provide legal services for persons with physical and mental disabilities. 

Tracy’s practice focuses on representing financial institutions and other corporations in complex civil litigation, arbitration and mediation proceedings, corporate internal investigations, and labor and employment matters.

She has also represented clients before a wide variety of regulatory and prosecutorial agencies, both at the state
and federal levels, as well as congressional committees and independent examiners appointed by court order.

Tracy is co-chair of the Firm’s Diversity Committee, co-chair of the Women’s Initiative Committee and a hiring partner. She also oversees the Firm’s active networks for minority associates: the Asian Associates Network, the Network of Black and Latino Lawyers and the LGBT Network. She is co-chairwoman of the YWCA-NYC, a vice-chairwoman of the Legal Aid Society, and a member of the board of directors of Lawyers’ Committee for Civil Rights Under Law, New York City Bar Justice Center and Partnership for After School Education. She is a member of the Association of Black Women Attorneys and Metropolitan Black Bar Association.

William Francis Kuntz, II (born 1950) is a United States District Judge on the United States District Court for the Eastern District of New York. The United States Senate unanimously confirmed him on October 3, 2011. He received his judicial commission on October 4, 2011.

Early Life and Education

Born in New York, New York, Judge Kuntz earned an A.B. in 1972 from Harvard College. He then earned an A.M. in 1974 and a Ph.D. in 1979 from Harvard University and a law degree in 1977 from Harvard Law School.

Professional Career

From 1978 until 1986, Judge Kuntz was an associate in the New York law firm Shearman & Sterling. From 1986 until 1994, Judge Kuntz was a partner in the New York law firm Milgrim Thomajan Jacobs & Lee, and from 1994 until 2001, Judge Kuntz was a partner in the New York law firm Seward & Kissel. From 2001 until 2004, he was a partner in the New York office of the Canadian law firm Torys LLP, and from 2004 until 2005, he was counsel at the New York law firm Constantine & Cannon. From 2005 until becoming a federal judge, Judge Kuntz was a partner in the New York office of the law firm Baker Hostetler. His specialty is commercial and labor litigation. He was elected to the Practising Law Institute Board of Trustees in 1996, becoming Chair of the Executive committee in 2006. He has served as Chair of the Executive Committee of the Association of the Bar of the City of New York. He was the longest standing member of the Civilian Complaint Review Board.

Nomination to Federal District Court

On March 9, 2011, President Obama nominated Judge Kuntz to fill a seat on the United States District Court for the Eastern District of New York, which became vacant when Judge Nina Gershon took senior status in 2008. Judge of the United States District Court for the Eastern District of New York Assumed office October 4, 2011 Appointed by Barack Obama Preceded by Nina Gershon Born 1950, New York City, New York, U.S. Alma mater Harvard University The United States Senate confirmed Judge Kuntz by unanimous consent on October 3, 2011. He received his judicial commission the following day.