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Employment Discrimination Law & Litigation 2018


Speaker(s): Arthur J. Siegel, Brian Levine, PhD, Charles W. Fournier, Darnley D. Stewart, Darrell S. Gay, Debra L. Raskin, Hollis V. Pfitsch, Hon. James C. Francis IV (Ret.), Hon. Lois Bloom, James Q. Walker, Jill L. Rosenberg, Laura S. Schnell, Louis P. DiLorenzo, Mariann M. Wang, Miriam F. Clark, Stephen Bergstein, Susan Ritz, Theodore O. Rogers, Jr., Wendy C. Butler
Recorded on: Jun. 18, 2018
PLI Program #: 221186

Charles Fournier’s practice focuses on internal investigations; workforce restructurings; policy development and implementation; design and delivery of training programs; the workforce aspects of acquisitions, dispositions, and integrations; and the early identification and resolution of employment disputes.  When litigation is necessary, Mr. Fournier calls on his trial and appellate experience to achieve the best possible results and advance the business interests of the client. 

Mr. Fournier joined Curley, Hurtgen & Johnsrud after 17 years as Senior Vice President of Employment Law for NBCUniversal, where he led a team of attorneys responsible for all employment law matters for NBC, Universal Studios, Telemundo, their owned cable networks and television stations, and related news, entertainment, and digital media businesses throughout the world.  Mr. Fournier and his team provided employment law support for the acquisitions and integrations of Universal Studios, DreamWorks Animation, Telemundo, Bravo, Oxygen, and a number of other cable networks and television stations, as well as NBCUniversal’s 2011 acquisition by Comcast.  Mr. Fournier and his team also designed and implemented the first company-wide alternative dispute resolution program among the major studios and television networks, one that has been copied by other Fortune 100 companies.  Mr. Fournier also helped guide NBCUniversal’s development of one of the earliest and most successful workplace diversity programs in the entertainment industry. 

Before joining NBCUniversal, Mr. Fournier was in private practice in New York City, first with Webster & Sheffield and more recently as a partner in the New York office of O’Melveny & Myers.  Mr. Fournier is a graduate of Yale Law School, where he was an editor of The Yale Law Journal.  He then clerked for Judge Robert Sprecher of the United States Court of Appeals for the Seventh Circuit in Chicago.  Mr. Fournier also holds a Masters Degree in Anglo-American Legal History from Yale University and a Bachelors Degree in History and Music from Trinity University.  He has been a guest lecturer at the New York University School of Law and Baruch College of the City University of New York, and he is a frequent speaker and panelist for bar and industry groups.  

Education

J.D. Yale Law School, 1981
M.A. Yale University, 1981
B.A. Trinity University, 1976

Bar Admissions

New York


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”).


James C. Francis IV is a Distinguished Lecturer at the CUNY School of Law where he teaches Electronic Discovery, Civil Procedure, Evidence, Federal Courts, and Constitutional Torts.  From 1985 until 2017, he served as a United States Magistrate Judge in the Southern District of New York.  Judge Francis received his B.A. from Yale College in 1974, his juris doctor degree from the Yale Law School in 1978, and a masters degree in public policy from Harvard University, also in 1978.  Following graduation from law school, he clerked for the Honorable Robert L. Carter in the Southern District of New York.  He then joined the Civil Appeals and Law Reform Unit of the Legal Aid Society where he conducted impact litigation in the areas of housing and education and served as director of the Disability Rights Unit.  For more than a decade, Judge Francis taught Constitutional Torts as an Adjunct Professor at the Fordham University School of Law.

 In the field of electronic data and the law, Judge Francis is the author of Rowe Entertainment, Inc. v. William Morris Agency, 205 F.R.D. 421 (S.D.N.Y. 2002) (allocation of costs), Convolve, Inc. v. Compaq Computer Corp., 223 F.R.D. 162 (S.D.N.Y. 2004) (obligation to preserve ephemeral data), Treppel v. Biovail Corp, 233 F.R.D. 363 (S.D.N.Y. 2006) (standards for preservation orders), Rozell v. Ross-Holst, 2006 WL 163143  (relevance of e-mails to claim of computer hacking),  Treppel, 249 F.R.D. 111 (S.D.N.Y. 2008) (remedies for spoliation of electronically stored information), Richard Greene (Fine Paintings) v. McClendon, 262 F.R.D. 284 (S.D.N.Y. 2009) (consequences of destruction of electronically stored information), Orbit One Communications, Inc. v. Numerex Corp., 271 F.R.D. 429 (S.D.N.Y. 2010) (prerequisites for spoliation sanctions), Chen-Oster v. Goldman, Sachs & Co., 285 F.R.D. 294 (S.D.N.Y. 2012) (proportionality, sampling, and phased discovery),  US Bank NA v. PHL Variable Ins. Co. , 2012 WL 5395249 (S.D.N.Y. 2012) (proportionality, cost-shifting, and privilege review), Mastr Adjustable Rate Mortgages Trust 2006-OA2 v. UBS Real Estate Securities, Inc., 295 F.R.D. 77 (S.D.N.Y. 2013) (preservation trigger, spoliation sanctions), In re Warrant to Search a Certain E-Mail Account Controlled and Maintained by Microsoft Corp., 15 F. Supp. 3d 466 (S.D.N.Y. 2014) (extraterritorial reach of warrant for e-mail content), In re Application of U.S. for an Order Pursuant to 18 U.S.C. §§ 2703 (c) and 2703(d) Directing AT & T, Sprint/Nextel, T-Mobile, Metro PCS, and Verizon Wireless to Disclose Cell Tower Log Information, 42 F. Supp. 3d 511 (S.D.N.Y. 2014) (cell tower dump), Freedman v. Weatherford International, 2014 WL 4547039 (S.D.N.Y. 2014) (discovery on discovery), and Cat3, LLC v. Black Lineage, Inc., 164 F. Supp. 3d 488 (S.D.N.Y. 2016) (sanctions under amended Rule 37(e)).   Judge Francis speaks frequently on electronic discovery and is a member of the Steering Committee of Sedona Conference Working Group 6 on International Electronic Information Management, Discovery and Disclosure; the Advisory Committee of the Georgetown Advanced E-Discovery Institute; and the Advisory Board of the Cardozo Data Law Initiative.


James Q. Walker concentrates in government investigations, complex commercial litigation, professional liability and legal ethics.  Mr. Walker represents companies and senior executives in federal and state criminal and civil investigations of potential violations of the securities laws and the Foreign Corrupt Practices Act.  He represents law firms and lawyers in government and internal investigations of potential criminal, regulatory and/or professional misconduct, and in related criminal and civil litigation and regulatory proceedings. 

Mr. Walker is the Chair of the New York County Lawyer’s Association Professional Ethics Committee.  He has served on the New York City Bar’s Professional Discipline, Professional and Judicial Ethics, Professional Responsibility, and Securities Regulation Committees, and on the New York State Bar Association Committee on Professional Ethics, where he has been a member since 1996.  He has drafted numerous ethics opinions and reports on ethics issues.  Mr. Walker is a frequent lecturer on legal ethics, internal investigations and corporate governance, and has written articles on attorney-client privilege, professional ethics, internal investigations, and issues arising under the securities laws.  Mr. Walker also serves as General Counsel to Richards Kibbe & Orbe LLP.


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.

Practice

Labor and Employment

Education

State University of New York at Buffalo School of Law (J.D., 1976)

Syracuse University (B.A., 1973)

Bar/Court Admissions New York

U.S. Supreme Court


Prior to serving as General Counsel, Art successfully represented Fortune 50 companies, school districts, private and public corporations and individuals in multi- million dollar product liability, environmental,  commercial, premises liability, construction, health, business, tax and other general litigation. He also had an active appellate practice, having successfully argued in the New York Court of Appeals, the New York Appellate Divisions and the United States Court of Appeals for the Second Circuit.

Art has also recovered significant sums for his individual and corporate clients. One of these included a $34.4 million medical malpractice jury verdict, the largest ever recorded in Otsego County, and listed in the National Law Journal's Largest Verdicts of 2003 (51st). Art has lectured in the areas of civil litigation and has authored a chapter on forum selection for a multi-volume treatise published by the New York State Bar Association entitled Plaintiff's Personal Injury Action in New York.

Art is a Fellow in the American College of Trial Lawyers. Fellowship is extended only by invitation, after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. Membership in the College cannot exceed one percent of the total lawyer population of any state or province.


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. 


Susan Ritz has practiced employment law since 1985.  She 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, gender identity 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 small 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 is listed in The Best Lawyers in America (20+ years), Super Lawyers (12 years) and Law Dragon 500 Leading Plaintiff Employment Lawyers. She is rated AV by Martindale Hubbell and was selected for its 2011 Inaugural Edition of the Bar Register of Preeminent Women Lawyers.  AVVO gives her a rating of 10 out of 10.  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, ALI-CLE, American Bar Association, Practising Law Institute, New York State Bar Association, New York City Bar Association, the College of Labor and Employment Lawyers, 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. 


Brian Levine is a Partner and co-leader of Mercer’s Workforce Strategy and Analytics practice and also a fellow of Mercer’s research arm, the Workforce Sciences Institute. Brian helps organizations assess their internal labor markets, the processes by which employees are rewarded and move through organizations. Brian has 20 years of consulting experience in strategy and measurement – working with company data to identify the drivers of workforce outcomes as well as significant links between human capital practices and business performance. He has led engagements in various sectors, including recent assignments in financial services, professional services, consumer products, pharmaceuticals, healthcare, insurance, technology, transportation, retail, and higher education.

Brian has extensive consulting experience leading analytic assessments of diversity, pay equity, and compensation alignment. He led the team that developed Mercer’s proprietary pay equity software. Areas of expertise include labor economics and econometrics/statistics.

Brian frequently publishes in the professional press and is a popular speaker. He is a primary contributor of Mercer’s new “When Women Thrive, Businesses Thrive” research, contributed to The Conference Board’s inaugural Human Capital Analytics @ Work volume, and has authored articles on both pay equity (Workspan, January 2015) and the business risks associated with pay-for-performance (WorldatWork Journal, Q1 2011). Brian presents often at WorldatWork and National Industry Liaison Group annual meetings, on optimizing human capital investments and leveraging compliance efforts to achieve diversity objectives. He has served as adjunct professor at New York University and Baruch College.

Brian received a B.S. in Industrial and Labor Relations and M.S. and Ph.D. degrees in Economics, all from Cornell University.


Darrell S. Gay represents for-profit, not-for-profit, and government clients with respect to their employee related issues. This includes hiring/discharge, discrimination matters, traditional labor/management relations, diversity, internal investigations, workplace training, privacy, wage and hour and issues related to international labor and employment concerns. Darrell’s work for clients with regard to traditional labor matters includes union negotiations, elections, arbitrations, unfair labor practice charges and union avoidance. In addition, he serves as chief negotiator for his clients during collective-bargaining sessions.

Darrell counsels and provides assistance to clients with global issues, such as managing their data protection concerns, preparing international harassment training and resolving employment issues in assorted jurisdictions. He also assists clients in the establishment of business operations in foreign jurisdictions to enable the clients to engage in employment of both expatriates and local nationals.

Darrell has handled and managed significant cases involving single and multiple plaintiffs, single and multiple defendants, cases with allegations of serious continuing violations and high profile media cases. He not only has experience before administrative agencies, Federal and State courts, but has also handled investigations conducted by the New York State Attorney General's office. Darrell has also led internal investigations of senior level executives on behalf of the corporate board of directors.

Prior to joining Arent Fox, Darrell was a partner at two other significant international law firms, serving as the head of the US practice group at one of them. He also headed an employment and labor law boutique for several years in New York City. He served as a Commissioner with the New York State Civil Service Commission. Also, he was formerly associated with the Metropolitan Hospital Medical Center in New York, as Director of Labor Relations/Labor Counsel and with the National Labor Relations Board, Region 2 in New York, as an attorney.


Hollis Pfitsch is Deputy Commissioner of the Law Enforcement Bureau of the New York City Commission on Human Rights. Before coming to the Commission, Hollis represented low-wage workers in a range of employment matters in The Legal Aid Society's Employment Law Unit. She began her tenure at Legal Aid as a Skadden fellow after clerking for Magistrate Judge Ronald L. Ellis in the Southern District of New York. She received her J.D. from CUNY School of Law. Hollis is currently a member of the New York City Bar Association's Civil Rights Committee and has in the past served as a member of the City Bar’s Lesbian, Gay, Bisexual and Transgender Rights Committee and the conference committee for the National Employment Lawyers' Association - New York chapter. She is also an occasional adjunct professor at CUNY School of Law.


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.


Lois Bloom was sworn in as a United States Magistrate Judge for the Eastern District of New York on May 18, 2001.  Before her appointment in the Eastern District, Magistrate Judge Bloom served as Senior Staff Attorney in the Pro Se Office of the United States District Court for the Southern District of New York for 13 years.  She is a graduate of the State University of New York at Buffalo Law School and the State University of New York at Stony Brook.  Her first job out of law school was representing single room occupancy tenants as a staff attorney at the West Side SRO Law Project, part of the Goddard Riverside Community Center.  Judge Bloom has spoken on Civil Rights Issues, Access to Justice, Employment Discrimination, Habeas Corpus and Federal Civil Procedure at numerous conferences.  She also trains new Magistrate Judges as part of the Federal Judicial Center’s orientation for newly appointed judges.


Mariann Meier Wang has been litigating civil and human rights cases for over twenty years, focused on combatting institutional injustice and systemic racism, sexism and abuse of the disadvantaged. She is a founding partner of Cuti Hecker Wang LLP, where her cases today include: an action for libel against President Trump based on his denigration of a woman who spoke out against his unwanted sexual touching of her, along with myriad other efforts to address sexual and racial assaults and harassment, retaliation, childhood sexual abuse, housing, lending and employment discrimination, labor law violations, police misconduct, First Amendment protections, prisoners’ rights, and LGBTQ discrimination. Her past experiences include working at the ACLU and an international human rights law group in London. She graduated from Harvard College and Columbia Law School, and clerked for the Honorable Sterling Johnson, Jr. in the E.D.N.Y.


Miriam F. Clark has practiced labor and employment law for more than 25 years, and has handled dozens of employment-related cases in federal and state courts, arbitration agencies and before federal and state administrative agencies.  She negotiates severance agreements and employment contracts, and counsels employees on a variety of employment-related legal issues.  She also provides independent investigation and mediation services in connection with complaints of discrimination and/or harassment and serves as a voluntary, court-appointed mediator for the United States District Court for the Southern District of New York.  She advises non-profit organizations on employment-related issues.

Since 2005 she has been listed in The Best Lawyers in America and Super Lawyers.  She has received an AV Preeminent Rating from Martindale Hubbell, a “superb” (10 out of 10) rating from Avvo, and is a member of the Bar Registry of Preeminent Women Lawyers.  She is President of the National Employment Lawyers Association- New York Chapter.

Ms. Clark has lectured widely on employment law and related topics at ALI-CLE, Georgetown University Law Center, the American Bar Association Section on Labor and Employment Law, the New York State Bar Association, the New York City Bar Association, Practicing Law Institute and to classes at the New York University School of Law. She serves as a pro bono mediator for the United States District Court for the Southern District of New York.  Since 2006, she has served as Chapter Editor for the Annual Supplement to Family and Medical Leave Act (ABA Section on Labor and Employment Law/BNA Books).

Ms. Clark is a 1984 graduate of New York University School of Law, where she was a Root-Tilden-Snow Scholar.  From 1984-1985, she served as law clerk for Hon. Max Rosenn, of the United States Court of Appeals for the Third Circuit.   She is a 1980 cum laude graduate of Harvard College.


Stephen Bergstein is a civil rights lawyer in New Paltz, New York. He graduated from CUNY Law School in 1993. Mr. Bergstein speaks and writes regularly on developments in civil rights law, particularly in the Second Circuit. He has published in the New York Law Journal, the NYSBA Labor and Employment Journal and Z Magazine.

Maintaining an active trial and appellate practice, Mr. Bergstein has briefed and/or argued more than 100 civil rights appeals in the Second Circuit Court of Appeals and has lectured on civil rights and employment matters before the National Employment Lawyers Association (New York Chapter), the Orange County (NY) Bar Association, the Westchester County (NY) Bar Association, the Association of the Bar of the City of New York, the National Business Institute and Lawline.com.

Several of Mr. Bergstein's cases have become notable precedents, including Zarda v. Altitude Express, ___ F.3d ___, 2018 U.S. App. LEXIS 4608 (2d Cir. Feb. 26, 2018) (en banc) (holding that sexual orientation discrimination is a form of gender discrimination in violation of Title VII); Chauca v. Abraham, ___ F.3d ___, 2018 U.S. App. LEXIS 6543 (2d Cir. March 16, 2018) (holding that punitive damages test under New York City Human Rights Law is not coterminous with federal standard); Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017) (vacating summary judgment in case alleging pretrial detainees were subjected to unconstitutional jail conditions); Legg v. County of Ulster, 820 F.3d 67 (2d Cir. 2016) (vacating judgment as a matter of law in pregnancy discrimination case); Zeno v. Pine Plains Cent. Sch. Dist., 702 F.3d 655 (2d Cir. 2012) (sustaining $1 million jury award and liability finding that school district was deliberately indifferent to racial bullying); Jackler v. Byrne, 658 F.3d 225 (2d Cir. 2011) (holding that police officer had a First Amendment right to refuse to file a false police report).

 


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.


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.