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Psychological Issues in the Workplace 2018


Speaker(s): Christopher J. Kuczynski, Debra L. Raskin, Diane G. Knox, Dina R. Jansenson, Dylan S. Pollack, Edward Hernstadt, George W. Woods, Jr., M.D.,, Martin L. Schmelkin, Patrick W. Shea, Pearl Zuchlewski, Stephen P. Sonnenberg, Stuart B. Kleinman, M.D., Wayne N. Outten, Zachary D. Fasman
Recorded on: Apr. 25, 2018
PLI Program #: 221127

Stuart B. Kleinman, M.D. is a psychiatrist specializing in Forensic Psychiatry and Traumatic Stress. He is certified by the American Board of Psychiatry and Neurology, in Psychiatry and Forensic Psychiatry, and serves as an Associate Clinical Professor of Psychiatry, at the Columbia University College of Physicians and Surgeons, and as an Adjunct Professor of Law, at Brooklyn Law School.

Dr. Kleinman has extensive experience assessing and treating the consequences of a wide array of trauma, including Asian piracy, Middle Eastern terrorism, urban sexual assault, and workplace harassment.  He helped found the Columbia University College of Physicians and Surgeons’ Asylum Program, was the first Medical Director of the Crime Victims Center, a mental health clinic which treats solely the psychological consequences of (violent) crime, and consulted for the New York State Crime Victims Compensation Board. After the 911 terrorist attacks, he assisted employees of companies perceived as particularly likely targets of additional attacks, including via anthrax and other biological agents.

Dr. Kleinman has written widely about posttraumatic stress, especially its intersection with civil and criminal legal issues, and vigorously worked to better mental health professionals’ understanding of such. He founded, and served as 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 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.

As a board certified forensic psychiatrist, Dr. Kleinman consults in a broad spectrum of criminal and civil matters, including regarding workplace harassment/discrimination, the ‘mindset’ of perpetrators of violent and non-violent acts, e.g., ‘white collar crime’, and workplace violence. 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, consulted to the Special Victims Bureau of the Queens District Attorney’s Office regarding child victims’ psychological ability to confront their alleged abusers in courtroom proceedings, and consults for prosecutors and defense attorneys in criminal matters, and defense and plaintiff attorneys in civil 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, Psychiatry and Law, at the Center for Social-Legal Studies, of the University of Pennsylvania, and Forensic Psychiatry at New York University/Bellevue Hospital.


Chris Kuczynski is Assistant Legal Counsel at the United States Equal Employment Opportunity Commission.  During his career with EEOC, Chris has supervised the development of regulations, policy guidance, and technical assistance publications on Title I of the Americans with Disabilities Act (ADA) and title II of the Genetic Information Nondiscrimination Act (GINA).  Chris regularly advises EEOC field and headquarters offices, including the offices of the Chair and Commissioners, on complex ADA and GINA issues.  Chris has worked on numerous EEO issues in addition to the ADA and GINA, including supervising the development of Enforcement Guidance on Pregnancy Discrimination and Related Issues (rev. June 25, 2015), issues affecting the rights of LGBT persons in the workplace, and religious discrimination and accommodation issues. 

Chris has made hundreds of presentations on the ADA, the Rehabilitation Act, GINA, and other EEO issues  to diverse audiences, including human resources and EEO professionals, supervisors and managers in the public and private sectors, medical professionals, and plaintiff and defense counsel.  He has been interviewed by numerous media outlets, including the New York Times, Wall Street Journal, USA Today, CBS News, MSNBC, and National Public Radio.

From January to October 2003, Chris was a Special Assistant to former EEOC Chair Cari Dominguez, and from October 2003 through April 2004, he was Associate Director of the White House Domestic Policy Council.  Chris was a trial attorney in the Disability Rights Section of the U.S. Department of Justice from July 1993 until February 1997, and was a litigation associate for three years with a major Philadelphia law firm. 

He has a B.A. in English from Villanova University, where he was a member of Phi Beta Kappa and from which he received the School of Liberal Arts and Sciences 2007 Alumni Medallion, a J.D. from Temple Law School, and an LL.M. from Yale Law School.  In November 2016, he became a member of the ABA College of Labor and Employment Lawyers.


Diane Knox oversees a team that advises Mitsubishi Corporation Group companies throughout North America across a comprehensive scope of legal, compliance, and insurance matters, including investigations and employment counseling. She joined the company in 2007 after a few years as a legal journalist and a decade as a litigator at Paul, Weiss, Rifkind, Wharton & Garrison LLP.

Diane received her law degree in 1997 from Tulane University Law School, and was a judicial clerk to the Honorable F.A. Little, Jr., Chief Judge of the United States District Court for the Western District of Louisiana.


Dina R. Jansenson is a senior mediator and arbitrator with JAMS, an international dispute resolution company.  She has over twenty-five years of experience mediating and arbitrating a wide variety of matters including complex business/commercial, employment, construction, and professional liability disputes with domestic and international parties. She brings a broad base of substantive knowledge, as well as a deep understanding of the litigation challenges facing parties in the event of impasse, to help parties analyze their complex legal and business issues, engage in risk assessment, and develop creative solutions. As an arbitrator, Ms. Jansenson is known for her ability to effectively manage the process, and for her reasoned awards. Ms. Jansenson speaks fluent Spanish and Hebrew.

What Counsel and Clients Say About Dina R. Jansenson’s Mediation Style and Skills

"Dina: Any time you'd care to use me as a reference, please do so. I never thought this case had more than a 10-20% chance of resolving, let alone at the first attempt. What did it was your rare ability to instill in the participants (certainly my side, and I cannot even fathom that the same would not apply to the other side) a total atmosphere of trust. Your intelligence and your uncanny ability to keep the level of discussion at the proper level led to the parties agreeing. It was that simple.”

“You are a quick learner for difficult subject matter and terminology, and you are one of the brightest and best folks that JAMS has.”

“I thought your analysis of ‘who had the better case [ ]’ compared with ‘who had the most to lose’ [ ]was a brilliant imprimatur in the morning session, that really got [ ] off the dime, and into a settlement mode. Bravo! You were also very kind in communicating [ ] ‘respect’ for my presentation, in which I tried to be conciliatory and gentle, yet at the same time firm and resolute. Again, resulting from my reading of your paper on Negotiation – a brilliant must read piece.”

Honors, Memberships, and Professional Activities

Teaching Appointments: Lecturer-in-Law, Columbia University Law School (Negotiation); Adjunct Professor of Law, New York University School of Law (Negotiation)

External, third party, ombudsperson for Bertelsmann in North and South America

Co-presenter of the Basic Mediation and advanced Commercial Mediation courses at the Association of the Bar of the City of New York.

Fellow, Chartered Institute of Arbitrators

Fellow (past), College of Commercial Arbitrators


Dr. Woods is the recipient of the 2018 Distinguished Alumni Award from the University of Utah Medical Center. He is Immediate Past President of the International Academy of Law and Mental Health. He has been asked to serve as Secretary General to the International Academy of Law and Mental Health during its amalgamation with the Institute of Ethics, Medicine, and Public Health at the Sorbonne, Paris, France. He was Deputy Chairperson of the Challenging Behaviors Special Interest Research Group of the International Association for the Scientific Study of Intellectual and Developmental Disorders (IASSIDD) from 2015 through 2018. George has worked with legal teams dealing with complex criminal and civil litigation. He has also worked with Vulcan Industries, Microsoft, and Walmart on psychometrically and culturally competent employment testing procedures. He is Director of Clinical/Forensic Services at Forefront Behavioral Telecare, delivering telepsychiatric care to rural nursing facilities. He is also Senior Consultant to Crestwood Behavioral Health, Inc., a major provider of Behavioral Health services

A faculty member of New York City’s Practising Law Institute (PLI), he teaches accommodation issues of the American Disability Act and the assessment of workplace violence, George is also a Lecturer at the University of California-Berkeley School of Law, and was Adjunct Professor at Morehouse School of Medicine, Department of Psychiatry from 2002-2018. George is a Principal in JohnsonFreedmanWoods Education. JohnsonFreedmanWoods conducts a cutting edge webinar series, Where Mental Health Meets the Law, for Thomson Reuters Publishing Company. He also maintains an active neuropsychiatric practice in Oakland, California.

His current passion, beside his grand daughters, Jordyn and Harlem, is bringing his deep understanding of body/brain functioning and its impact on behavior to technological solutions in medicine, neuropsychiatry, business, and social policy.


Dylan S. Pollack is Director & Counsel at Credit Suisse Securities (USA) LLC, based in New York.  He is responsible for providing Employment Law advice and counsel to hundreds of managers in the United States, Canada and around the globe concerning all aspects of the employee-employer relationship including hiring, separation, compensation, family and medical leave, disability accommodation, wage and hour, worker misclassification, reductions-in-force, social media and electronic communications, performance management, discipline, workplace policies, internal investigations and whistleblowing. Mr. Pollack has represented Credit Suisse in dozens of mediations, arbitrations and court proceedings and is also a subject matter expert in the field of Employment Law training, having conducted hundreds of dignity-at-work and EEO training sessions for thousands of Credit Suisse employees worldwide. Mr. Pollack joined Credit Suisse in 2010.  Prior to joining Credit Suisse, Mr. Pollack practiced Labor & Employment law with Proskauer Rose LLP, where he represented employers in numerous union and non-union industries including financial services, professional sports, publishing, television and transportation.

Mr. Pollack received his law degree from the Fordham University School of Law, where he was a member of the Fordham Law Review.  He earned his Bachelor of Science from Cornell University’s School of Industrial and Labor Relations.


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

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

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


Patrick Shea is the Global Chair of the Paul Hastings Employment Law Department, and leads a diverse group of more than 100 lawyers in 14 offices around the world. He is based in the firm’s New York office where he represents companies in a wide range of employment-related litigation, including matters involving employee benefits, employment discrimination, wage and hour claims, and wrongful discharge. His clients include major companies in the financial services, information technology, manufacturing, defense, and high-tech industries.


Recent Representations

Weber v. FujiFilm (D. Conn. 2012) (prevailed in three week federal jury trial brought by a senior executive alleging age and national origin discrimination)

Perkins v. Southern New England Telephone (D. Conn. 2011) (prevailed in three week wage and hour class action jury trial)

Christie v. General Electric (D. Conn. 2010) (prevailed in six-day age discrimination jury trial brought by employee with 20 years of service)

Eldridge v. Provident Life& & Accident Insurance Co., (Mass. Super. Ct. 2001) (defendant’s verdict in three-week jury trial of nationwide class action alleging breach of contract)

Flanagan v. General Electric Co., (2d Cir. 2001) (affirming summary judgment for defendants in ERISA class action challenging transfer of more than $1 billion in pension plan assets)

Prevailed in nine arbitrations before the AAA and FINRA.


Accolades and Recognitions

Chambers USA ranked in Band 1 among the top labor and employment lawyers in New York

Legal 500 notes “Patrick Shea ‘seems to win whatever he touches’”

Named in The Best Lawyers in America

Fellow, College of Labor and Employment Lawyers

Named one of “America’s Top 100 Employment Law Attorneys” by Lawdragon

Rated "AV Preeminent" by Martindale-Hubbell®

 

Speaking Engagements and Publications

Frequent speaker on topics in the employment law area

 

Professional and Community Involvement

Appointed by the Chairman of the EEOC to serve on a Negotiated Rulemaking Committee that developed regulations governing age discrimination releases under Title II of the Older Workers Benefit Protection Act

Member of the New York, Connecticut, and the District of Columbia Bar Associations

Admitted to a number of federal district and circuit courts

After graduating from law school, he served as law clerk to the honorable Raymond J. Pettine, Chief Judge of the U.S. District Court for the District of Rhode Island

 

Education

Yale Law School, J.D., 1981 – where he was a member of the Board of Editors of the Yale Law Journal

University of Scranton, B.A., 1978


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.


Wayne N. Outten is founding and managing partner of Outten & Golden LLP. His practice focuses exclusively on representing individuals in all areas of employment law. He co-chairs the firm’s Executives and Professionals and Whistleblower Retaliation Practice Groups.

Mr. Outten’s practice focuses on representing high-level employees and professionals in all aspects of their employment, including negotiation of employment, compensation, and severance agreements. He is the author of the “Representing the Executive” chapter in Executive Compensation (BNA Books). His practice includes representing employees in multinational employment contexts, including expatriate and seconded employees.

Mr. Outten’s notable cases include a recovery of $12 million in a gender discrimination/retaliation case against Morgan Stanley in federal court and (with partner Larry Moy) a $18.9 million arbitration award in a breach of contract case against Deutsche Bank and a $72.0 million arbitration award against another major international bank - one of the largest arbitration awards in an employment case.*

Mr. Outten was selected by his peers as one of the “Best Lawyers in America” every year since 1987 and as one of New York’s Super Lawyers, where he has been listed as one of the Top 100 New York Metro Super Lawyers every year since 2006.  Best Lawyers designated him "Lawyer of the Year 2010" for Labor and Employment Law - New York City and "Lawyer of the Year 2012" for Litigation - Labor and Employment in New York City. He was selected for listing in Lawdragon every year since 2005 and was selected for the Lawdragon 500 Leading Lawyers in America in 2006 and for the Lawdragon 500 Leading Plaintiff Lawyers in America in 2007; Lawdragon designated him a "legend" (one of 50 in the U.S.) in 2015.  Mr. Outten has been an AV Preeminent Rated Lawyer in the LexisNexis Martindale-Hubbell Top Rated Lawyers since 1992.

Mr. Outten is a founding member and/or leader in numerous professional associations, including the National Employment Lawyers Association (NELA) and its New York affiliate, the College of Labor and Employment Lawyers, the Section of Labor and Employment Law of the American Bar Association (Chair, 2015-2016), and the New York State Bar Association's Labor & Employment Law Section. Mr. Outten has also lectured extensively on employment law, especially on problem solving, on negotiation and mediation of employment disputes, on employment and severance agreements, and on retaliation and whistleblower claims. He is a widely published author whose work is frequently found in legal and popular publications.

(*Prior results do not guarantee a similar outcome.)


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 has repeatedly been ranked in Band One by Chambers USA and Chambers Global 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 for career accomplishments.


Debra L. Raskin graduated from Radcliffe College magna cum laude in 1973 and received her law degree from Yale in 1977.  She worked at the Legal Assistance Foundation of Chicago from 1977 to 1981, serving in 1981 as Supervisor of Employment Litigation for that organization.  She served as law clerk to Hon. Lee P. Gagliardi of the United States District Court, Southern District of New York from 1982 to 1984.  From 1984 to 1986, she served as an Assistant Attorney General of the State of New York in the Civil Rights Bureau.  She joined the Vladeck firm in 1986, and became a partner of the firm in October 1988.  From 2014 to 2016 Ms. Raskin served as the President of the New York City Bar Association.  She is a Fellow of the American College of Trial Lawyers, has taught at Columbia and Fordham Law Schools and has lectured and written on employment law matters for the New York State Bar Association and the Practicing Law Institute, among other groups. 


Stephen P. Sonnenberg, Esq. has deep experience in understanding and resolving complex labor and employment disputes. Mr. Sonnenberg’s unique background, which allows him to understand both plaintiff and defendant concerns, comes from the practice of law, experience as a mediator, and prior experience as a psychotherapist. Mr. Sonnenberg is known for his attention to detail, thoughtful approach to emotion-laden disputes, and demeanor conducive to settlement.

Mr. Sonnenberg practiced labor and employment law at the highest levels for 25 years at Paul Hastings, a prominent AMLAW 100 firm, and achieved a prestigious ranking from Chambers USA, within the Labor & Employment band. Leadership roles at the firm included a term as Chair of the New York Employment Law Practice (2014-2017), Vice Chair of the Employment Law Department (International) (2003-2014) and Co-Chair of the Employment Law Department’s national wage and hour law practice (2005-2014). Resident for an equal amount of time in the firm’s Los Angeles and New York offices, Mr. Sonnenberg represented and advised clients in a wide range of employment disputes, including wage and hour class and collective actions, retaliation, wrongful discharge, restrictive covenant, discrimination and harassment lawsuits. He has also overseen and conducted privileged internal investigations in response to complaints of misconduct.

Mr. Sonnenberg has mediated numerous matters not only at JAMS but as a member of the Mediation Panels of the U.S. District Court, Southern and Eastern Districts of New York. He has taught employment law to members of the federal judiciary through the Federal Judicial Center, has provided employment law training and advice in a variety of settings, and is an adjunct faculty member at Cardozo Law School.

Before practicing law, Mr. Sonnenberg devoted himself to a 15-year career as a clinical social worker in Michigan and California. Mr. Sonnenberg worked in diverse psychiatric settings and community organizations, assisting individuals with a wide range of emotional, vocational and financial challenges, including facilitating the resolution of disputes with family members, employers and other third parties.  Settings included psychiatric hospitals, a community mental health center, and the private practice of psychotherapy working with individuals, couples and families.


Marty Schmelkin served as an in-house employment counsel for 15 years at a leading global financial institution, providing him with a practical and business-oriented perspective that he brings to the practice. Marty represents employers in all aspects of employment law, advising on litigation strategy, leading workplace training programs, coordinating the implementation of policies and programs across multiple global jurisdictions, and counseling on recruitment, hiring, compensation, promotions, as well as disciplinary and termination activity. Marty understands the legal and business challenges facing employers and has a particular in-depth experience with financial services firms, including investment banks, hedge funds, private equity firms, and asset managers. He counsels financial services firms on employment related FINRA arbitrations and regulatory filings.

Marty has worked extensively in the area of corporate diversity and regularly advises employers on their implementation of US and global diversity policies and programs. Marty also has broad experience with the obligations of federal contractors including the preparation of affirmative action plans and responses to OFCCP and related regulatory audits. Prior to joining Jones Day, Marty worked for 15 years in the legal department of Goldman Sachs, where he was a managing director and associate general counsel in the employment law group. While there he spent time in the firm's Hong Kong office covering employment law matters throughout Asia and also had responsibility for employment law in non-U.S. offices in the Americas. Marty is a member of the board of the Cornell University School of Industrial & Labor Relations (ILR) Alumni Association.