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Psychological Issues in the Workplace 2019


Speaker(s): Anne L. Clark, Christopher J. Kuczynski, Dawn M. Hughes, Ph.D., ABPP, Evandro C. Gigante, Gena Palumbo, George W. Woods, Jr., M.D.,, Jeffrey C. Burstein, Jeffrey S. Klein, Kenneth W. Gage, Orrie Dinstein, Robert S. Whitman, Stephen P. Sonnenberg, Susan Ritz, Wendy C. Butler
Recorded on: Apr. 3, 2019
PLI Program #: 254150

Anne L. Clark is a partner at Vladeck, Raskin & Clark, P.C., and concentrates on employment discrimination and other employment-related matters.  She graduated from New York University and New York University School of Law.  Prior to joining Vladeck, she served as Law Clerk to Honorable Raymond J. Pettine of the United States District Court for the District of Rhode Island and was a Skadden Fellow/Staff Attorney with the NOW Legal Defense and Education Fund, where she worked on employment-related matters.  Ms. Clark has been  an adjunct faculty member at Fordham University School of Law and has lectured on employment matters for a variety of organizations.  She is a former member of NELA/NY's Executive Board.


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.


Dawn M. Hughes, Ph.D., ABPP, is a clinical and forensic psychologist who specializes in the assessment and treatment of interpersonal violence and traumatic stress.  Dr. Hughes maintains an independent practice in clinical and forensic psychology in New York City and is a Clinical Assistant Professor of Psychology in the Department of Psychiatry at Weill Cornell Medical Center - New York Presbyterian Hospital where she participates in the psychology faculty and conducts trainings for interns.  Dr. Hughes is Board Certified in Forensic Psychology from the American Board of Professional Psychology. 

Dr. Hughes has over 20 years experience within the field of traumatic stress and interpersonal violence, including intimate partner violence, rape, sexual assault, adult survivors of childhood sexual abuse, sexual harassment, and other non-interpersonal traumatic experiences.  Dr. Hughes has treated or evaluated hundreds of individuals who have experienced psychological trauma or victimization in their lives.  She holds distinctions and membership in numerous professional organizations, such as the Trauma Psychology Division of the American Psychological Association and is the immediate past President of the NYC-based Women’s Mental Health Consortium, an interdisciplinary group focused on the treatment of women’s mental health across the lifespan.  Dr. Hughes has conducted trainings for the Courts, Judges and attorneys; has taught members of the National Guard on how to live violence-free in relationships; and has conducted trainings to mental health professionals, in both clinical and forensic settings, to work within the area of intimate partner violence, rape and sexual assault, childhood sexual abuse, posttraumatic stress disorder, and complex PTSD. 

Her forensic work comprises comprehensive psychological evaluations, attorney consultations, and expert witness testimony in the area of forensic psychology, interpersonal violence, and traumatic stress.  She has been admitted as an expert witness in the States of New York, New Jersey, Connecticut, and Pennsylvania and in the United States District Court for the Southern and Northern Districts of New York.  She has served as an expert witness in numerous criminal cases involving battered women who have killed their abusive partners and childhood abuse survivors who have acted against their perpetrators.  She has consulted on hundreds of criminal and civil cases of involving the multiple and varied psychological and traumatic effects of intimate partner violence, rape and sexual assault, childhood sexual abuse, clergy abuse, Boy Scout abuse, sexual harassment, and other non-interpersonal traumatic experiences.


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.


Evandro Gigante is a partner in Proskauer’s Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents and counsels clients through a variety of labor and employment matters, including allegations of race, gender, national origin, disability and religious discrimination, sexual harassment, wrongful discharge, defamation and breach of contract. Evandro also counsels employers through reductions-in-force and advises clients on restrictive covenant issues, such as confidentiality, non-compete and non-solicit agreements.

With a focus on discrimination and harassment matters, Evandro has extensive experience representing clients before federal and state courts. He has tried cases in court and before arbitrators and routinely represents clients before administrative agencies such as the Equal Employment Opportunity Commission, as well as state and local human rights commissions.

Evandro also represents clients in traditional labor law matters, including collective bargaining negotiations and labor arbitrations, as well as proceedings before the National Labor Relations Board. In addition, Evandro advises clients on labor matters that arise in union and non-union workplaces.

Working in a wide range of industries, Evandro has experience representing clients in financial services (including hedge funds and private equity firms), professional sports, publishing, media, retail, law firms, social service providers and others. Evandro also advises charter schools and other not-for-profit organizations on labor and employment matters on a pro bono basis.

Evandro received a J.D. cum laude from Brooklyn Law School and a B.S. from the Cornell University School of Industrial & Labor Relations. He serves as a member of the Labor & Employment Law Committee of the New York City Bar and a member of the Labor & Employment Section of the American Bar Association.  Evandro has been recognized for his labor and employment work by The Legal 500 United States, New York Law Journal and Euromoney Americas.


Gena is global head of the Employment Law Group at Goldman Sachs. She is a member of and serves as counsel to the Firmwide Conduct and Operational Risk Committee. Gena also serves as secretary to the Disciplinary Sub-Committee of the Client and Business Standards Committee. She joined Goldman Sachs in 2001 and was named managing director in 2009.

Prior to joining the firm, Gena worked at Davis, Polk & Wardwell, Price Waterhouse LLC and Proskauer Rose, LLP.Gena serves as president of the Children of China Pediatrics Foundation.

Gena earned a BA from Franconia College and a JD from Columbia University School of Law.


Jeffrey Burstein is Regional Attorney of the New York District of the Equal Employment Opportunity Commission. Since coming to EEOC in November 2007, he has also served as a Trial Attorney, Supervisory Trial Attorney, and Acting Director of EEOC’s Newark Area Office. He has litigated employment discrimination cases for EEOC in federal district courts in New Jersey, New York, Massachusetts and Connecticut, often involving class claims. Before joining EEOC, he held various legal and administrative positions with the State of New Jersey. He was an Assistant Attorney General supervising attorneys in the areas of civil rights, consumer fraud, securities fraud, and professional regulation. He also served as Acting Director of the New Jersey Division on Civil Rights, and Acting Director of the Division of Consumer Affairs. He is a contributor to Employment Litigation in New Jersey (Matthew Bender 2006), writing the chapter on practice and procedure before the Division on Civil Rights. He is a graduate of Rutgers-Newark Law School and Columbia College.


Jeffrey S. Klein is Head of Weil’s Employment Litigation Practice Group and Co-Head of the Firm’s Complex Commercial Litigation practice, which encompasses 160 attorneys worldwide. Mr. Klein is distinguished as both a first-chair trial lawyer and as a trusted advisor to senior management, General Counsels, and Boards of Directors of global companies on sophisticated human resources issues and employment-related crises.

For nearly four decades, Mr. Klein has exceled in and shaped novel areas of employment law as the workplace has undergone significant changes, including in relation to gender pay gap concerns, reverse discrimination claims, class arbitration issues, sexual harassment/#MeToo, non-competes, and anti-discrimination policies protecting transgender employees. As a result of his mastery of these issues, Mr. Klein has served as counsel to many top global companies such as Andeavor, Belmond Hotels, Godiva Chocolatier, Goldman Sachs, Mastercard, Perella Weinberg Partners, Sterling Jewelers, Tiffany and Co., Union Pacific, and other Fortune 500 companies.

Mr. Klein also offers unparalleled expertise as a sports attorney, and is regularly sought after by some of the most recognizable coaches and players. His most prominent recent matters include: representing former Maryland football head coach DJ Durkin in a highly publicized investigation into the culture of the football program; guiding Jim Harbaugh through his exit from the San Francisco 49ers and contract with the University of Michigan – one of the most high profile college football coaching signings of all time; and advising a number of professional athletes and college football coaches who have been the subject of front-page news articles over the past few years. 

Mr. Klein is a regular speaker at leading industry conferences, including the annual Workshop on Employment Law for Federal Judges, and has authored a bi-monthly column for more than 20 years for the New York Law Journal. He also serves as pro bono outside general counsel to the Public Art Fund and Joe Torre’s Safe At Home Foundation.

Mr. Klein is recognized as one of the nation’s leading employment/management attorneys by Chambers USA, Chambers Global, Legal 500, Human Resources Executive, and Lawdragon, which inducted him into its 2018 Lawdragon Legends class in recognition of his 10th appearance in the Lawdragon 500.


Kenneth Gage is a partner in the Employment Law Department of Paul Hastings and Chair of the Workplace Retaliation and Whistleblower Defense practice. He is based in the firm’s New York and Chicago offices. 

Mr. Gage represents employers in a wide range of federal and state employment litigation matters, from pre-litigation counseling through trials and appeals. His litigation experience includes defendants’ verdicts in several jury trials involving race, age, sex, and disability discrimination claims, retaliation claims, and state common law claims, as well as numerous summary judgment rulings and injunction proceedings in restrictive covenant litigation matters. Mr. Gage advises federal contractors on their obligations under Executive Order 11246 and related laws and regulations, and he has extensive experience conducting privileged reviews of employment processes and advising employers on pay equity studies and related risk mitigation strategies.

Mr. Gage graduated from the University at Buffalo Law School in 1991, and received his Bachelor of Arts degree from State University of New York Buffalo in 1988. 

The Legal 500 lists Mr. Gage in tier one in the categories of Labor and Employment Litigation and Workplace and Employment Counseling, he is rated "AV Preeminent" by Martindale-Hubbell®, and he is a Fellow of the American College of Labor and Employment Lawyers. 


Orrie Dinstein is the Global Chief Privacy Officer at March & McLennan Companies. He has global responsibility for data protection, and he works closely with the Legal & Compliance, IT and Information Security teams, as well as other functions, to establish policies, procedures, processes and tools related to privacy and data protection matters.  Prior to joining Marsh & McLennan, Orrie was the Chief Privacy Officer at GE Capital. 

Orrie received an LL.M. degree in intellectual property from NYU School of Law and is a graduate of the Hebrew University of Jerusalem School of Law.  He is a member of the New York State Bar and the Israel Bar. He is a Certified Information Privacy Professional (CIPP) and a frequent speaker on privacy, security, technology and social media matters.


Rob Whitman is a partner in the Labor & Employment Department with extensive experience representing management in the full range of employment law matters.  He has particular expertise in wage-hour litigation, employment arbitration, discrimination and non-compete matters, and preventive employment counseling.

Mr. Whitman is a Fellow of the College of Labor and Employment Lawyers.  He is also a member of the Advisory Board of the Center for Labor & Employment Law at NYU Law School.  He has been recognized repeatedly as one of the top employment lawyers in Manhattan in polls conducted by New York Super Lawyers.

Mr. Whitman has authored articles on employment law issues for a number of publications, including Corporate Counsel, New York Employment Law & Practice, The New York Law Journal, The Corporate Board and Employment Law Strategist.  He has appeared on CNN, Bloomberg TV and NPR as a commentator on employment law issues and has been quoted frequently in the print media.  Mr. Whitman lectures regularly and leads panel discussions before professional audiences on a variety of labor and employment topics.  He also served as an Editor and Advisory Committee member for Cutting Edge Advances in Resolving Workplace Disputes (CPR, 2014).

Mr. Whitman serves as the Pro Bono Chair in Seyfarth Shaw’s New York office and as a member of the firm’s National Pro Bono Committee.  In 2008, he received the Award for Pro Bono Leadership from Lawyers Alliance for New York in recognition of his pro bono representation of not-for-profit organizations throughout New York City.

After law school, Mr. Whitman was a Law Clerk to the Honorable J. Edward Lumbard of the U.S. Court of Appeals for the Second Circuit.  He has also served as a Trial Attorney in the Civil Division of the U.S. Department of Justice and as in-house employment counsel for the U.S. Senate.

Education

J.D., University of Michigan, magna cum laude (1989)

Order of the Coif

Book Review Editor, Michigan Law Review

B.S., Industrial and Labor Relations, Cornell University (1986)


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.


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. 


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.