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Psychological Issues in Employment Law 2015


Speaker(s): Alfred G. Feliu, Anne L. Clark, Kenneth M. Willner, Marc A. Cohen, M.D., Pearl Zuchlewski, Ruth D. Raisfeld, Stephen P. Sonnenberg, Stuart B. Kleinman, M.D., Susan Ritz, Tanya L. Menton, Zachary D. Fasman
Recorded on: Mar. 16, 2015
PLI Program #: 58922

Tanya L. Menton is Principal Counsel in the Legal Department for The Walt Disney Company. She regularly counsels the Company and its various broadcasting divisions and stations on various employment and commercial matters.  She regularly conducts training and internal investigations and negotiates talent and executive employment agreements.  She also oversees the Company’s compliance with EEO laws, including development of Affirmative Action plans.  Ms. Menton represents the Company before various federal and state administrative agencies and courts and oversees outside litigation.

Previously, Ms. Menton was associated with the law firms of Townley & Updike (New York) and O’Melveny & Myers (Los Angeles) where she represented employers before federal and state courts and administrative agencies.  She is a member of the State Bar of California.  She is also a member of the Labor and Employment and Litigation Sections and Committees of the California, New York State and American Bar Associations.

Ms. Menton is a graduate of Northwestern University School of Law (cum laude) and received her Bachelor of Arts from Northwestern University (magna cum laude).

Contact:         
Tanya L. Menton, Esq.
Principal Counsel
ABC, Inc.
77 West 66th Street
New York, New York 10023
(212) 456-6178 (phone)
(212) 456-6565 (fax)
tanya.l.menton@abc.com 


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.


ALFRED G. FELIU
Vandenberg & Feliu, LLP

Mr. Feliu is a Partner at Vandenberg & Feliu LLP.  He has had over 30 years of experience in employment, labor law, and commercial matters. Early in his career he represented principally management clients while at large, international law firms, most notably as a partner at Paul Hastings.  With the founding of Vandenberg & Feliu in 1998, Mr. Feliu expanded his practice to include the counseling and representation of executives and employees.  Mr. Feliu is a recent past Chair of the New York State Bar Association’s Labor and Employment Law Section. 

Mr. Feliu is a well-respected and nationally-recognized arbitrator and mediator.  He is a member of the AAA’s Complex Commercial Case, Class Action, and Employment Disputes Panels.  Mr. Feliu is also a member of the National Academy of Distinguished Neutrals and of various CPR dispute resolution panels.  He is also in demand as an independent investigator and has served as the EEO Officer for the Port of New York and New Jersey since 2006.

Mr. Feliu has authored or edited three books with a fourth one, ADR in Employment Law, to be published by Bloomberg/BNA in mid-2015.

Mr. Feliu is a graduate of Columbia College and Columbia Law School.


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.


Kenneth Willner is a partner in the Employment Law practice of Paul Hastings and is based in the firm’s Washington, D.C. office. He is vice chair of the firm’s global Employment Law practice. Mr. Willner is a recognized leader of the management bar in the fields of employment discrimination class actions and employment testing and validation. He represents employers in employment law and litigation in federal and state courts and before the Equal Employment Opportunity Commission and Office of Federal Contract Compliance Programs. He has deep experience with employment law class actions; employment testing; test validation, statistics and expert witnesses, as well as individual cases; discrimination litigation; sexual harassment; disability discrimination; wage and hour advice and litigation; family/medical leave; affirmative action; compliance reviews; wrongful discharge; traditional labor law; labor relations; unfair labor practice charges; executive contract negotiations; protection of employer intellectual property; non-competition covenants; drug and alcohol testing; and employment law torts. Mr. Willner’s clients include companies that make or use employment tests, financial institutions, major retail chains, airlines, manufacturers, government entities, government contractors, high-tech firms, industry associations, local government associations, professional service organizations, accounting firms, law firms, real estate companies, environmental companies, and individuals.

Accolades and Recognitions
  • Recognized by Chambers and Partners as a leading lawyer in labor and employment law
  • Ranked by peers as among the Washington, D.C. “Super Lawyers”
  • Named by BTI as a 2011 Client Service All-Star

Speaking Engagements and Publications

  • "Drug Testing Issues," ALI-ABA, Airline and Railroad Labor and Employment Law: A Comprehensive Analysis, April 2014
  • "Current Evidentiary Problems in Employment Litigation," ALI-ABA, Advanced Employment Law and Litigation Conference, February 2014, May 2013 and March 2013
  • "Class Actions after Walmart," ALI-ABA, Advanced Employment Law and Litigation Conference, February 2014 and March 2013
  • "Choosing and Working With an Expert Witness," and "Class Actions after Walmart," ERS Group, Employment Discrimination: Economic and Statistical Evidence Seminar, February 2014
  • "Developments in Equal Employment Opportunity Law," NELI, Employment Law Conference, November 2013 and May 2013 and NELI, Public Sector Conference, August 2014 and August 2013
  • "Major Employee Leave Laws," Webcredenza, Managing Employee Leave telephone seminar, July 2013

Professional and Community Involvement

  • Member of the Employment Law sections of the American Bar Association, the Virginia Bar Association, and the District of Columbia Bar Association
  • Admitted to the Bar Associations of the Commonwealth of Virginia and the District of Columbia, as well as the U.S. Supreme Court; U.S. Courts of Appeals for the Third, Fourth, Sixth, Eighth, Tenth, and District of Columbia Circuits; and the U.S. District Courts for the Eastern District of Virginia, the District of Columbia, and the Western District of Pennsylvania

Education

  • University of Virginia School of Law, J.D., 1987; Order of the Coif; Virginia Law Review
  • University of Virginia, B.A., 1984


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.


Ruth D. Raisfeld is an attorney who serves as a mediator, employment & labor arbitrator, trainer, and workplace investigator. She has had a private dispute resolution practice since 2002 and is a member of the AAA Labor & Employment Arbitration and Mediation Panels, a member of the New York Chapter of the National Association of Distinguished Neutrals, and a fellow of the College of Labor & Employment Lawyers. Ruth has mediated all forms of employment discrimination claims, breach of employment agreement, all employment-related tort and contract claims, wage-and-hour individual and collective and class claims, including misclassification, independent contractor and alleged labor law violations.

Ruth is a graduate of the Cornell University School of Industrial & Labor Relations and Fordham Law School, where she was Commentary Editor of the Law Review. Ruth clerked for Judge William Hughes Mulligan, Second Circuit, U.S. Court of Appeals, was in-house Labor Attorney at New York Telephone, and was an associate and Of Counsel at Orrick Herrington & Sutcliffe. Ruth has been a Super Lawyer since 2009 and has been included in the Top 25 Westchester Lawyers, in Best Lawyers in America, and is AV Rated by Martindale-Hubbell.

Ruth’s website includes many of the articles she has published on mediation and related topics and a video, “Best Practices for Settling Class Action Disputes,” which is the basis of an article recently published on mediation of class action disputes by the New York Law Journal (April 2015). 


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.


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. 


Dr. Cohen is an Associate Clinical Professor in the Department of Psychiatry and Biobehavioral Sciences at the David Geffen School of Medicine at UCLA.  He has particular expertise in the range of reactions that occur in response to life events and trauma, having clinical experience as a psychiatrist that includes treatment of combat and non-combat veterans within the Department of Veterans Affairs for over 10 years.  He has conducted over 750 forensic evaluations related to a variety of legal matters involving disability, employment issues, the effect of mental illness on daily function, the presence and/or absence of mental illness, sanity, competency, dangerousness, and mental health treatment.  Dr. Cohen completed his undergraduate and graduate coursework at UCLA before obtaining his medical degree from the Keck School of Medicine at the University of Southern California.  After completing psychiatric training at the UCLA San Fernando Psychiatry Residency Training Program, Dr. Cohen completed a fellowship in the subspecialty of forensic psychiatry.