The motto of my firm is “We represent the dispossessed of the Earth, and executives recently shown the door.” I have generally represented employees in litigation and negotiation, whether in class actions or individually. I also represent employees unjustly accused of misconduct, including harassment. My clients are sometimes aligned with the employer, with a union as the adverse party. I am a solo practitioner, but am also Of Counsel to The Employment Law Group in Washington, D.C.
I’ve occasionally mediated and arbitrated cases for about eighteen years, and I am looking to grow that part of my practice. I went through the ABA Dispute Resolution Section’s two-day Arbitration Training Institute and the American Arbitration Association’s formal commercial arbitrator training in 2007, the AAA’s 40-hour formal mediator training course in January 2016, and the AAA’s two-day training program in Healthcare Mediation in November 2016..
I was an AAA faculty member on discovery and evidence in arbitration in a March 2016 webinar, have spoken widely on arbitration, wrote a chapter on mediating class actions in and have attended a long list of webinars. See my publications relevant to the question whether I might know what I am doing, but you’ll be the judge of that.
I was Chair of the American Bar Association’s Section of Labor and Employment Law from August 2011 to August 2012, and have served as co-chairs of a number of its committees, including its EEO and CLE committees. It is the fourth largest entity within the ABA. I was an appointed member of the ABA’s Class Action Task Force. I am on the Board of Directors of the Lawyers’ Committee for Civil Rights Under Law. In 2007, the Metropolitan Washington Employment Lawyers Association named me Lawyer of the Year. I have previously been Chair, or a member, of the Section and Litigation Group Coordinating Committee of the American Association for Justice, Chair of its Section Officers’ Council, and Chair of its Employment Rights Section. I am a member of the Executive Board of that organization. I am rated AV Preeminent by Martindale Hubbell, its highest rating.
From 1996 through 2007, I co-authored fifteen editions of EQUAL EMPLOYMENT LAW UPDATE (Bureau of National Affairs, Washington, D.C., 1996–2007), copyright © American Bar Association 1996-2007, through its Section of Labor and Employment Law. My co-authors were Barbara Berish Brown of the Washington, D.C. office of Paul, Hastings, Janofsky & Walker (first seven editions) and John Aslin of Perkins Coie in Seattle (last eight editions). Each edition was reviewed for balance while in progress by a committee of plaintiffs= attorneys, defense attorneys, and union attorneys. I have also co-authored the chapter on monetary relief in Lindemann & Grossman, Employment Discrimination Law, 3d Edition, and wrote the chapter on plaintiffs’ perspective in mediating class actions in BRAND, HOW ADR WORKS.
Service as an Expert Witness
I served as an expert witness on the reasonableness and fairness of settlements of collective actions or class actions in:
a. Arroyo v. Redeye Grill, LP, Civil Action No. 06 Civ. 0381 (PAC) (S.D.N.Y.), a collective action under the Fair Labor Standards Act and class action under the New York Labor Law. The settlement was approved on June 27, 2008 (Doc. # 103).
b. Lenahan v. Sears, Roebuck and Co., 2006 WL 2085282, 11 Wage & Hour Cas.2d (BNA) 1214 (D.N.J. July 24, 2006) (No. CIV. 02-0045), aff’d, 266 Fed.Appx. 114 (3d Cir. 2008). My report was referred to in the body of the district court’s opinion.