More information about me:

My Practice

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.

My Training

I’ve occasionally mediated and arbitrated cases for about twenty 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.

Peer Recognition

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 and is the only part of the ABA running on a consensus principle that requires everyone to consider the interests and views of everyone with a different practice orientation, and to find common ground and act only on that.

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 Judicial Edition by Martindale Hubbell, its highest rating.


I have often spoken, from Berlin in the East to Honolulu in the West, to State and local Bars, professional organizations of lawyers and others, universities, issue-related organizations like the Federalist Society, employer-affiliated groups, plaintiff-affiliated groups, and international gatherings of employment lawyers.

For more on my speaking engagements, see my litigation web site at

I do not have a litmus test for speaking, but speak to whomever wants to listen.  The fact that persons from all sides want to listen may be useful when evaluating my ability to understand the complexities of a dispute and understand the perspectives of each side.


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 emloyee attorneys, employer 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.

For more on my publications, see my litigation web site at

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.