EVALUATION FORM In order for us to improve our continuing legal education programs, we need your input. Please complete this evaluation form and place it in the box provided at the registration desk at the end of the session. You may also mail the form to CLE Director, NYCLA, 14 Vesey Street, New York, NY 10007. How to Handle an Employment Discrimination Case Day One May 19, 2014; 6:00 PM – 9:00 PM I. Please rate each speaker in this session on a scale of 1 - 4 (1 = Poor; 2 = Fair; 3 = Good; 4 = Excellent) Presentation Content Written Materials Louis Pechman Hon. Ronald L. Ellis James Lemonedes Douglas Wigdor II. Program Rating: 1. What is your overall rating for this course? Excellent Good Fair Poor Suggestions/Comments: ________________________________________________ _________________________________________________________________ A. Length of course: Too Long____ Too Short_____ Just Right_____ B. Scheduling of course should be: Earlier____ Later_____ Just Right_____ 2. How did you find the program facilities? Excellent Good Fair Poor Comments: ___________________________________________________________ _________________________________________________________________ 3. How do you rate the technology used during the presentation? Excellent Good Fair Poor Comments: ___________________________________________________________ _________________________________________________________________ 1 PLEASE TURN PAGE OVER 4. Why did you choose to attend this course? (Check all that apply) Need the MCLE Credits Faculty Topics Covered Other (please specify) _______________________________________________ 5. How did you learn about this course? (Check all that apply) NYCLA Flyer NYCLA Postcard CLE Catalog NYCLA Website New York Law Journal Website Other (please specify)____________________________ NYCLA Newsletter NYCLA CLE Email 6. What are the most important factors in deciding which CLE courses to attend (Please rate the factors 1- 5, 1 being the most important). ___ Cost ___ Subject matter ___ Location ___ Date and Time ___ Provider ___ Organization of which you are a member ___ Other______________________________________________ 6. Are you a member of NYCLA? III 2 ___ Yes ___No If NYCLA were creating a CLE program specifically tailored to your practice needs, what topics or issues would you want to see presented? N S T I T U T E I C L E N Y C L A H OW TO H ANDLE AN E MPLOYMENT D ISCRIMINATION C ASE D AY T WO Prepared in connection with a Continuing Legal Education course presented at New York County Lawyers’ Association, 14 Vesey Street, New York, NY scheduled for May 19, 2014 Program Chair: Louis Pechman, Berke-Weiss and Pechman LLP Faculty: Hon. Ronald L. Ellis, U.S .District Court SDNY; James Lemonedes, Fox Rothschild LLP; Douglas Wigdor, Wigdor LLP This course has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of 3 Transitional and Non-Transitional credit hours:1 Skills; 1 Professional Practice and 1 Ethics. This program has been approved by the Board of Continuing Legal education of the Supreme Court of New Jersey for 3 hours of total CLE credits. Of these, 1 qualifies as an hour of credit for ethics/professionalism, and 0 qualify as hours of credit toward certification in civil trial law, criminal law, workers compensation law and/or matrimonial law. ACCREDITED PROVIDER STATUS: NYCLA’s CLE Institute is currently certified as an Accredited Provider of continuing legal education in the States of New York and New Jersey. Information Regarding CLE Credits and Certification How to Handle an Employment Discrimination Case Day One May 19, 2014; 6:00 PM to 9:00 PM The New York State CLE Board Regulations require all accredited CLE providers to provide documentation that CLE course attendees are, in fact, present during the course. Please review the following NYCLA rules for MCLE credit allocation and certificate distribution. i. You must sign-in and note the time of arrival to receive your course materials and receive MCLE credit. The time will be verified by the Program Assistant. ii. You will receive your MCLE certificate as you exit the room at the end of the course. The certificates will bear your name and will be arranged in alphabetical order on the tables directly outside the auditorium. iii. If you arrive after the course has begun, you must sign-in and note the time of your arrival. The time will be verified by the Program Assistant. If it has been determined that you will still receive educational value by attending a portion of the program, you will receive a pro-rated CLE certificate. iv. Please note: We can only certify MCLE credit for the actual time you are in attendance. If you leave before the end of the course, you must sign-out and enter the time you are leaving. The time will be verified by the Program Assistant. Again, if it has been determined that you received educational value from attending a portion of the program, your CLE credits will be pro-rated and the certificate will be mailed to you within one week. v. If you leave early and do not sign out, we will assume that you left at the midpoint of the course. If it has been determined that you received educational value from the portion of the program you attended, we will pro-rate the credits accordingly, unless you can provide verification of course completion. Your certificate will be mailed to you within one week. Thank you for choosing NYCLA as your CLE provider! New York County Lawyers’ Association Continuing Legal Education Institute 14 Vesey Street, New York, N.Y. 10007 • (212) 267-6646 How to Handle an Employment Discrimination Case Monday, May 19, 2014; 6:00 PM to 9:00 PM Day Two Program Chair: Louis Pechman, Esq. Berke-Weiss & Pechman LLP Faculty: Hon. Ronald L. Ellis, U.S. District Court, SDNY James Lemonedes, Esq., Fox Rothschild LLP Douglas Wigdor, Esq., Wigdor LLP AGENDA 5:30 PM – 6:00 PM Registration 6:00 PM – 6:10 PM Introduction and Announcements 6:10 PM – 6:50 PM Mediation in Employment Discrimination Cases Hon. Ronald L. Ellis 6:50 PM – 7:30 PM Pre-Trial Motions and Strategy from the Plaintiff’s Perspective Douglas Wigdor, Esq. 7:30 PM – 7: 40 PM BREAK 7:40 PM – 8:20 PM Pre-Trial Motions and Trial Strategy from the Defendant's Perspective James Lemonedes, Esq. 8:20 PM – 8:50 PM Questions and Answers PRE-TRIAL MOTIONS AND TRIAL STRATEGY FROM THE PLAINTIFF’S PROSPECTIVE Litigating an employment discrimination case and getting ready for trial are two separate matters that require a completely different and unique skill set. Fortunately, for me, I spent three years in the District Attorney’s Office and two years as a law clerk to a federal judge. So, while preparing for trial and actually trying a case may cause some people great fear and anxiety, I approach each trial as the ultimate experience to convince a group of individuals (the jurors) that your side is right and that your client should be awarded monetary compensation. While I have tried many cases, preparing for trial has not gotten any easier. There are no short-cuts in trial preparation and the obvious goal is to know more about the facts and the law than any other person in the courtroom. Jurors will sense that and as the trial goes on, they will begin to trust you. Provided below is a brief outline of how I prepare for trial, pre- trial motions and trial strategy. It is important to note, however, that every good trial attorney builds his/her own technique and style. This is mine, so it may not suit your style – but it seems to work for me! Pre-Trial Order Jury Charge and Verdict Sheet In the weeks prior to your trial, many judges will frequently ask for a pre-trial order. This is a good time to begin honing your trial strategy. While it may seem counter-intuitive, I begin my trial preparation backward. I always start with the jury charge and verdict sheet. Drafting a precise and well researched jury charge can literally take days. The time that it takes though is extremely important as it will inform all of your decisions going forward. From the jury charge, a verdict sheet should be relatively straight forward – but this process can also be time consuming depending upon the number of claims and parties. As I am drafting the jury charge and verdict sheet I often think about whether there are any claims or parties that should be voluntarily dismissed. As I indicated earlier, credibility is crucial with a jury – I don’t want to stand before a jury with weak claims or sympathetic defendants that will only undermine my good claims. 1 Document Review After putting the finishing touches on the jury charge and verdict sheet, it is important to organize your documents. Unfortunately, there is no easy way of going about this process. In heavy document cases, I often enlist the assistance of trusted paralegals and associates to separate documents that have some relevance to the case (good and bad). Obviously, before they go about this, they need to understand the facts of the cases and the legal issues. It is also important for the lead attorney to go through the documents to randomly check to ensure that the correct documents have been located. Litigation software is often very useful in this phase as “key word” searches can be utilized. Pre-Trial Motions Once you have segregated the “universe” of documents it’s time to start thinking about pre-trial motions. While defendants often take the “kitchen sink” approach to motions in limine – often to burden you with having to prepare oppositions when you should be focused on other trial preparations – experience has taught me to try and pick and choose the “big issues” that truly warrant motion practice. Most of the time, Judges hold these motions in abeyance until they have learned more about the case and the issue is ripe for presentation to the jury – so, often the motion practice doesn’t resolve anything in any event. Other than seeking to exclude certain documents, other motions in limine that frequently arise are motions to preclude certain topics such as a no probable cause determination from the EEOC, prior psychiatric treatment, prior arrests, prior lawsuits, etc. On the flip side, defendants typically seek to exclude prior instances of discriminatory conduct (prior bad acts), prior findings of liability, etc. Defendants may also move to bifurcate a jury trial into a liability and damages phase, bifurcate multiple plaintiff cases, seek to have the judge determine back and front pay, and move to preclude punitive damages. Depositions Depositions should be reviewed and thought should also be given to whether you intend on reading a deposition transcript rather than calling a certain witness. We typically video tape depositions and if you have gotten the witness to say what you need – often times it may make sense to simply show the jury the 2 video. In any event, depositions need to be reviewed in order to assist in the preparation of direct and cross examination outlines. Direct and Cross Examination Outlines My direct and cross examination outlines do not contain questions that would simply be read to the witness. This is an ill-advised way to prepare for trial and does not provide for the flexibility necessary to do a proper examination. Rather, I have found that the best way to prepare for examinations is to simply list topics and exhibits that you want to cover. In my exhibit binder, I have my notes and highlighted areas that I can formulate questions as I examine the witness. Preparing an Opening Great thought needs to go into an opening as it will tell the story to the jury. As the plaintiff, you have the burden of proof and therefore have the first opportunity to address the jury. It is important to lay out the facts as well as the law so that the jury understands exactly what you are going to prove. It is equally important to acknowledge and address the case’s weaknesses and what defendants will likely say. Credibility is crucial. Therefore, never promise anything that you cannot deliver on. If you plan to ask for a large sum of money at the conclusion of the trial, you should also let the jury know that you will be doing that at the closing arguments. Jury Selection Depending on your venue, you may either play an active or silent role in the jury selection. If you are given an opportunity to address the jury in voir dire, attempt to build alliances among the jurors that you like. This can be accomplished by asking other jurors to agree with a juror who has made a remark that you think is positive and important to the case. 3 As you will likely need a unanimous jury to obtain a positive verdict, you should be looking to exclude jurors who appear to be contentious and opinionated – those that may play “devil’s advocate” or take the opposing view are jurors as a plaintiff’s lawyer you want to avoid. Douglas H. Wigdor Partner WIGDOR LLP 85 Fifth Avenue, New York, NY 10003 T: (212) 257-6800 | F: (212) 257-6845 [email protected] www.wigdorlaw.com 4 Faculty Biographies Louis Pechman Louis Pechman has been recognized as a New York Super Lawyer and a Best Lawyer in the area of Employment and Labor Law. In 2013, Mr. Pechman was honored as a “Top 100 New York Metro Super Lawyer.” Mr. Pechman has also been rated “Superb” on Avvo.com and rated AV® Preeminent by Martindale-Hubbell. Mr. Pechman practices before federal and state courts and government agencies in all areas of workplace law, including employment discrimination, union-management relations, employment contracts, non-competition agreements, independent contractor issues, and wage and overtime disputes. Mr. Pechman has litigated hundreds of federal and state court cases. As a practitioner for thirty years in the labor and employment field, Mr. Pechman offers both individual employees and employers practical guidance on improving the employment relationship and, where appropriate, terminating that relationship. A frequent contributor to the New York Law Journal and other business and legal publications, Mr. Pechman often gives presentations on employment law topics, including fair pay practices, the Americans with Disabilities Act, sexual harassment, and the development of human resource policies and procedures. He has lectured at the Fordham University School of Law, New York University School of Law, the Practising Law Institute, the American Bar Association and is a former Chair of the New York County Lawyers’ Association Committee on Labor Relations and Employment Law. Since 1996, Mr. Pechman has developed and moderated NYCLA’s annual program on “How to Handle an Employment Discrimination Case.” He also moderates an annual program at NYCLA on “How to Handle a Wage and Hour Case.” Mr. Pechman is one of the leading practitioners in the area of restaurant litigation involving claims under the Fair Labor Standards Act and New York Labor Law, and has recovered over twenty million dollars in back wages for restaurant workers. He is the founder of waiterpay.com, a site that focuses on complex wage and hour issues in the New York restaurant industry and authors the Restaurant Worker News Blog. Prior to founding Berke-Weiss & Pechman LLP, Mr. Pechman worked as a labor and employment attorney at three Manhattan law firms, as in-house labor counsel with the New York Daily News, and as a Field Examiner with the National Labor Relations Board. Admitted to the New York and New Jersey Bars, he is a graduate of the Cornell University School of Industrial and Labor Relations and the Fordham University School of Law. Areas of Practice • • • • Workplace Law Employment Discrimination Union-Management Relations Employment Contracts • • • • Non-Competition Agreements Independent Contractor Issues Wage/Hour Disputes ERISA Bar Admissions • • • • • • • • New York, 1984 New Jersey, 1985 U.S. District Court Southern District of New York U.S. District Court Eastern District of New York U.S. District Court Western District of New York U.S. District Court District of New Jersey U.S. Court of Appeals 2nd Circuit U.S. Supreme Court Education • • Fordham University School of Law, New York, New York, J.D. Cornell University, Industrial and Labor Relations, B.S. Honors and Awards • • • • Best Lawyer, Employment and Labor Law, 2006 – 2014 New York Metro Super Lawyers, Top 100, 2013 New York Super Lawyer, 2006 – 2013 Rated AV® – Preeminent Professional Associations and Memberships • • • • • Association of the Bar of the City of New York, Member, Labor and Employment Law Committee New York Women’s Bar Association, Co-Chair, Committee on Employment and Equal Opportunity for Women New York County Lawyers’ Association, Chair of the Committee on Labor Relations and Employment Law, 1994-1998 New York State Bar Association, Member, Section on Labor and Employment Law American Bar Association, Member, Section on Labor and Employment Law Ronald Ellis - Judgepedia Page 1 of 2 Ronald Ellis From Judgepedia Ronald Ellis Ronald L. Ellis is a federal magistrate judge for the United States District Court for the Southern District of New York. He was appointed to this position in 1993.[1] Biography and Education Judge Ellis was born in 1950 in LaFourche, Louisiana. Judge Ellis received his bachelor's degree in Chemical Engineering from Manhattan College in 1972 and his J.D. degree from Contents ◾ 1 Biography and Education ◾ 2 Career ◾ 3 Notable cases ◾ 3.1 Bernie Madoff case (2009) ◾ 4 External links ◾ 5 References New York University in 1975.[2] Career Judge Ellis began his career as a patent attorney. He soon joined the NAACP Legal Defense & Educational Fund, Inc., where he worked from 1976 until his judicial appointment. During this time, he was the Director of the Fund's Fair Employment Program (1984 to 1990) and the Director of its Poverty & Justice Program (1990 to 1993). He also taught law for twelve years at New York University and for three years at the New York Law School.[1][3] Notable cases Bernie Madoff case (2009) Do you have a photo that could go here? Submit it for this profile by emailing us! (mailto:[email protected]) Current Court Information: United States District Court for the Southern District of New York Title: Magistrate Judge Station: New York, NY Service: Active: 1993 - Present Personal History Born: 1950 Hometown: LaFourche, LA Undergraduate: Manhattan College, B.S., 1972 Law School: New York U. Law, J.D., 1975 United States District Court for the Southern District of New York *UNITED STATES v. BERNARD L. MADOFF (http://cryptome.org/madoff/usa-061.pdf) 09 cr. 213(DC) Ellis was the presiding judge in the case of disgraced investor Bernard Madoff in a alleged Ponzi scheme that impacted close to $50 billion dollars. On January 12, 2009, Ellis ruled against a prosecutor's motion to revoke the bail of Bernard Madoff on the allegation that he sent heirlooms as part of the remaining assets he owned; which Federal Prosecutors claimed was a violation of his bail agreement. Madoff, who was charged in December 2008 with running a $50 billion Ponzi scheme, continued to live under house arrest in his apartment on Manhattan’s Upper East Side. Ellis imposed new conditions which included ordering Madoff to compile an inventory of all items in his home and barring him from transferring property. “Because the government has failed to meet its legal burden, the motion is denied,” Ellis wrote in a 22-page ruling. “The government has failed to articulate any flaw in the current conditions of release”. The United State's Attorney's Office revoked bail January 9,2009 after officials discover Madoff's attempts to mail valuable items to close family and friends.[4] After waiving grand jury indictment, Madoff plead guilty to eleven criminal charges, including mail fraud and money laundering. Through comment by his attorney, Madoff announced that he would not appeal his 150-year sentence.[5][6] External links ◾ List of magistrate judges for the Southern District of New York (http://www1.nysd.uscourts.gov/judges.php?show=magistrate) ◾ The Robing Room- Rate Judge Ellis (http://www.therobingroom.com/Judge.aspx?ID=1440) References 1. ↑ 1.0 1.1 U.S. District Court for the Southern District of New York: A Retrospective (1990-2000), "Hon. Ronald L. Ellis profile," December 2002 (http://www.nycla.org/publications/fedcts.pdf) Scroll to page 47 2. ↑ Just the Beginning Foundation: Biography of Ronald L. Ellis (http://www.jtbf.org/index.php? src=directory&view=biographies&srctype=detail&refno=154) 3. ↑ Columbia Law School: Ronald L. Ellis biography (http://www.law.columbia.edu/fac/Ronald_Ellis) 4. ↑ "Bloomberg News," Federal Judge rules to keep Madoff's Bail, January 12, 2009 (http://www.bloomberg.com/apps/news? pid=20601087&sid=aY6Nb3uJLN74&refer=home) http://judgepedia.org/Ronald_Ellis 5/16/2014 Ronald Ellis - Judgepedia Page 2 of 2 5. ↑ ABC News, "Bernie Madoff Won't Appeal 150-Year Prison Term, Attorney Says," July 9, 2009 (http://abcnews.go.com/Blotter/Madoff/story? id=8041942&page=1#.UWc0qKuglZ8) 6. ↑ The Wall Street Journal, "Madoff Jailed After Admitting Epic Scam," March 13, 2009 (http://online.wsj.com/article/SB123685693449906551.html) Federal judges who have served the United States District Court for the Southern District of New York [show] Retrieved from "http://judgepedia.org/index.php?title=Ronald_Ellis&oldid=769567" Categories: Magistrate judge, Southern District of New York Manhattan College Alumni New York U. Law Alumni Federal magistrate judge ◾ This page was last modified on 28 February 2014, at 14:07. http://judgepedia.org/Ronald_Ellis 5/16/2014 James M. Lemonedes | New York, New York Attorney | Fox Rothschild LLP Page 1 of 4 MENU James M. Lemonedes Partner New York, NY 212.878.7918 Jim is the Chair of the New York Employment Litigation Group, which addresses Fox clients’ labor and employment litigation needs in all federal and state courts and administrative tribunals, as well as arbitration hearings in New York. As former Senior Counsel/Trial Specialist for the New York City Corporation Counsel’s Office, Jim possesses a wealth of experience handling federal and state court litigations involving employment discrimination, civil rights claims, wage and hour matters and policy issues. He has served as lead counsel in more than 60 federal and state trials that have gone to verdict and has appeared in numerous administrative proceedings. Jim frequently handles class action and collective action law suits as well as single and multi-plaintiff claims under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), Uniformed Services Employment and http://www.foxrothschild.com/attorneys/james-lemonedes.html 5/16/2014 James M. Lemonedes | New York, New York Attorney | Fox Rothschild LLP Page 2 of 4 Reemployment Rights Act (USERRA), as well as such claims under the New York State and New York City Human Rights Laws and the New York Labor Law. Jim is also experienced in handling constitutional claims under Sections 1981 and 1983 of the United States Code. Representative Matters Jim has appeared as lead trial counsel in the following representative matters: Scott v. City of New York Successfully defended the City of New York in a class action law suit involving 16,000 present and former police officers and detectives claiming violations of the FLSA and seeking $500 million in damages Mullins v. City of New York Successfully defended the City of New York in a collective action case brought on by 4,000 present and former police sergeants claiming violations of the FLSA and seeking $60 million in damages Plummer v. Quinn Successfully defended Speaker of the New York City Council Christine Quinn and the City of New York against a Section 1983 claim Almontaser v. NYC Dept. of Education Successfully defended the New York City Department of Education and several individual defendants against a Section 1983 claim regarding an organization that distributed T-shirts displaying an offensive slogan Latino Officers Association v. New York City Defended New York City in a class action law suit filed on behalf of 15,000 current and former minority police officers alleging violations of Title VII and Section 1981, employment discrimination and employment misconduct, which ultimately was settled on very favorable terms Patrolman’s Benevolent Ass’n v. City of New York Represented the City of New York and various high-ranking public officials in a multi-plaintiff jury trial concerning Title VII and Section 1983 discrimination and retaliation violations regarding the transfer of minority police officers in the wake of the Abner Louima incident Tesser v. Board of Education for the City of New York Successfully defended the New York City Board of Education against a Title VII religious discrimination and retaliation claim USA v. City Represented the City of New York, Mayor Michael Bloomberg, the Fire Department for the City of New York (FDNY) in a multi-plaintiff and US Department of Justice action asserting race discrimination under Title VII and Section 1983 in the hiring of minorities Davis v. City of New York http://www.foxrothschild.com/attorneys/james-lemonedes.html 5/16/2014 James M. Lemonedes | New York, New York Attorney | Fox Rothschild LLP Page 3 of 4 Successfully defended the City of New York against a claim from a former city councilman running for a position on New York City Council after the New York Police Department enforced a provision that “deems reigned” any police officer who is nominated by any party for an elected official and who does not decline that nomination within ten days Before Fox Rothschild Prior to joining the firm, Jim served as Senior Counsel to the New York City Corporation Counsel. He also spent several years in private practice at his own firm. Jim is a former law clerk for the Honorable Edward M. Conan of the U.S. District Court for the Northern District of New York. While in law school, he served as survey editor of the Syracuse Law Review. Biography News Practice Areas Labor & Employment Bar Admissions New York Education J.D., cum laude, Syracuse University College of Law, 1979 B.A., The George Washington University, 1976 Court Admissions U.S. District Court, Eastern District of New York U.S. District Court, Northern District of New York U.S. District Court, Southern District of New York U.S. Court of Appeals, Second Circuit U.S. Supreme Court Memberships New York City Bar Association (Chair, FLSA sub-committee; member, Labor & Employment Law Committee) http://www.foxrothschild.com/attorneys/james-lemonedes.html 5/16/2014 James M. Lemonedes | New York, New York Attorney | Fox Rothschild LLP Page 4 of 4 Hellenic Lawyers Association ©2014 All content of this web site is the property and copyright of Fox Rothschild LLP and may not be reproduced in any format without prior express permission. Contact [email protected] for more information or to seek permission to reproduce content. Attorney Advertising http://www.foxrothschild.com/attorneys/james-lemonedes.html 5/16/2014 Douglas Wigdor - New York's Best Employment Lawyer | Wigdor LLP WIGDOR LLP THE FIRM BL O G THE TEAM EMPLOYMENT LITIGATION Page 1 of 6 « OTHER PRA CTICE AREAS TESTIMONIAL S & VICTORIES ţ PRESS & NEWS CON TACT No other employment lawyer in New York has a comparable record both in the courtroom and at the negotiating table. Mr. Wigdor routinely tries cases to verdict– having received http://www.wigdorlaw.com/the-team/douglas-wigdor/ 5/16/2014 Douglas Wigdor - New York's Best Employment Lawyer | Wigdor LLP Page 2 of 6 numerous decisions in the millions of dollars and regularly appearing in the New York Law WIGDOR LLP Journal’s “Top Verdicts.” « ţ THE FIRM THE TEAM EMPLOYMENT LITIGATION OTHER PRA CTICE AREAS TESTIMONIAL S & VICTORIES PRESS & NEWS As a former Federal Law Clerk in the Eastern District of New York, an Assistant District Attorney, and a senior lawyer at a prominent management side employment firm, he BL O G CON TACT brings his trial experience to bear, regularly trying cases in federal and state court as well as arbitration tribunals. Because of his trial abilities, he routinely settles cases, valued in the hundreds of millions of dollars, through informal negotiations and mediation. His cases are regularly cited by other lawyers and judges in their judicial opinions. á CONTA CT . Over the past eight years, the New York Law Journal has featured Mr. Wigdor and Wigdor LLP’s clients in top New York State verdicts six times, including the number one employment verdict in 2011, and the number two employment verdict and number one disability discrimination verdict in 2012. Mr. Wigdor also regularly appears in appellate courts, including the Second Circuit, New York Court of Appeals and First Department arguing some of the most ground-breaking and closely watched legal issues in the employment field. Some of his notable outcomes include: • $23.72 million arbitration award on behalf of the former Chief Financial Officer of Six Flags • $7.5 million verdict in a disability discrimination case against Wal-Mart, one of the largest verdicts ever in a single plaintiff case under the Americans with Disabilities Act • $8 million (appx.) verdict on behalf of the former Editor-in-Chief of the Source Magazine, who was retaliated against after she complained of gender discrimination http://www.wigdorlaw.com/the-team/douglas-wigdor/ 5/16/2014 Douglas Wigdor - New York's Best Employment Lawyer | Wigdor LLP Page 3 of 6 • $3.35 million verdict on behalf of a former employee of Nassau County whose due WIGDOR LLP « ţ process rights were violated THE FIRM THE TEAM EMPLOYMENT LITIGATION OTHER PRA CTICE AREAS TESTIMONIAL S & VICTORIES PRESS & NEWS • $1.35 million verdict in a disability case where our client was terminated from his BL O G CON TACT employer after disclosing he was HIV positive Two peer review studies, The Best Lawyers in America and Super Lawyers, have recognized Mr. Wigdor as one of the nation’s leading labor and employment lawyers. Mr. Wigdor was recently selected as a Blue Ribbon Panelist for Super Lawyers in the employment litigation / labor and employment field after receiving one of the highest point totals in the Super Lawyers rankings. As a Blue Ribbon Panelist, Mr. Wigdor will rate other candidates and provide recommendations regarding the candidacy of other lawyers to the prestigious Super Lawyers rankings. Mr. Wigdor has also received an AV rating from Martindale-Hubbell indicating that his peers rank him as one of the preeminent lawyers in the labor and employment field. Avvo, a well-respected lawyer-rating agency, rates Mr. Wigdor at 10.0, its highest rating (“superb”). Mr. Wigdor has been asked by Law360, a news source read by thousands of corporate counsel and firm decision makers everyday, to become a member of their 2014 Employment Law Editorial Advisory Board. Members of this board serve as a resource for Law360 to get feedback on the publication’s coverage in addition to insight from experts in the field, such as Mr. Wigdor. More recently Mr. Wigdor has had the honor of being selected as one of the Top 100 Trial Lawyers by The National Trial Lawyers. Mr. Wigdor’s handling of numerous high profile cases has resulted in frequent media appearances, including on Nightline, Good Morning America, The Today Show, CNN American Morning, Your World with Neil Cavuto as well as regular spots on CNBC, ABC News, CBS News, NY1, the BBC, and NBC News. Mr. Wigdor is frequently quoted as a legal expert in newspapers and magazines including The New York Times, Wall Street Journal, New York Law Journal, London Times, Daily Telegraph, London Independent, USA Today, New York Post, and Daily News. http://www.wigdorlaw.com/the-team/douglas-wigdor/ 5/16/2014 Douglas Wigdor - New York's Best Employment Lawyer | Wigdor LLP Page 4 of 6 Mr. Wigdor coined the phrase “Recessionary Discrimination” to characterize the growing WIGDOR LLP « ţ trend by companies of using mass lay-offs to cover-up the discriminatory treatment and/or impact on groups of women, people of color and those over 40. THE FIRM THE TEAM EMPLOYMENT LITIGATION OTHER PRA CTICE AREAS TESTIMONIAL S & VICTORIES PRESS & NEWS Mr. Wigdor is also a lecturer, editor and author of articles on employment and criminal BL O G CON TACT related subjects, having been quoted frequently in the New York Law Journal, presenting lectures to various Bar Associations, speaking at Oxford and Cambridge Universities and publishing articles in numerous journals. Mr. Wigdor also recently spoke at a Human Resources seminar on the topic of retaliation in the workplace and has been a feathered speaker at the American Conference Institute. In May 2013, at the request of The National Association of Criminal Defense Lawyers’ Task Force, Mr. Wigdor testified on the Restoration of Rights and Status After Conviction. Mr. Wigdor has the rare qualification to practice law in both the U.S. and U.K. as a qualified solicitor in England and Wales. Mr. Wigdor’s practice focuses on litigation and counseling of individuals and companies in connection with a wide array of employment issues, criminal matters and international issues including: • a group of women in a gender discrimination case against Citigroup • a group of women in a pregnancy discrimination case against a large investment bank • a group of women who were paid less than similarly situated men against a large bank • executives in sexual orientation claims against their employer • the former CFO of Six Flags • a group of people of color in a race and national origin claim against Bank of America • Individual women in an alleged gender discrimination class action complaint against Dresdner Kleinwort http://www.wigdorlaw.com/the-team/douglas-wigdor/ 5/16/2014 Douglas Wigdor - New York's Best Employment Lawyer | Wigdor LLP • the former Tour Manager of ‘NSYNC’ in a lawsuit against ‘NSYNC’ WIGDOR LLP Page 5 of 6 « ţ • numerous their Wall employers and in conjunction THE TEAMinvestment EMPLOYMENT bankers LITIGATION against OTHER PRA CTICE AREASStreet TESTIMONIAL S & VICTORIES PRESS & NEWS THE FIRM with negotiating employment and severance agreements BL O G CON TACT • several employees in claims of race discrimination against Radianz, Reuters and Equant • several employees in age discrimination claims against their employers • employees in a large wage and hour case against CitiMortgage • several celebrity models, actors, actresses and well-known chefs in various legal disputes Mr. Wigdor had the honor of serving as a Federal Law Clerk to United States District Judge Arthur D. Spatt and was appointed as an Assistant District Attorney in Suffolk County, New York; where he investigated, prosecuted and tried hundreds of criminal matters ranging from robberies and burglaries to complex schemes to defraud. Mr. Wigdor was rapidly promoted to the Complex Litigation Bureau where he both litigated and supervised the litigation of white collar matters — complex financial crimes, including organized crime, bank fraud, insurance fraud, tax evasion, identity theft and elder abuse. Because of the breadth of his criminal litigation experience, Mr. Wigdor was appointed under the Federal Criminal Justice Act to serve a three-year term, in the Eastern District of New York, as a criminal defense lawyer in selected criminal cases. Mr. Wigdor received his undergraduate degree from Washington University in St. Louis, cum laude, where he was a member of the Varsity Tennis Team; a Masters Degree from Oxford University in England; and his Juris Doctor from Catholic University School of Law in Washington, D.C., graduating in the top of his class. Mr. Wigdor was a Senior Staff Member on the Catholic University Law Review and an Editor of the Oxford International http://www.wigdorlaw.com/the-team/douglas-wigdor/ 5/16/2014 Douglas Wigdor - New York's Best Employment Lawyer | Wigdor LLP Page 6 of 6 Review. While at Oxford, Mr. Wigdor received a coveted “Full-Blue,” was a member of WIGDOR LLP the Vincent’s Club and was the President of his College Student Body. THE FIRM THE TEAM EMPLOYMENT LITIGATION OTHER PRA CTICE AREAS TESTIMONIAL S & VICTORIES PRESS & NEWS Mr. Wigdor is an active and philanthropic member of the Forest Hills community, where he serves on the legal committee of the Forest Hills Gardens Association, has had the BL O G CON TACT privilege of managing several baseball teams in the Forest Hills Little League and coaching a basketball team at the Forest Hills YMHA and Forest Hills Community House. Mr. Wigdor is a former member of the Governing Committee of the Oxonian Society, a nonprofit organization dedicated to bringing heads of state to address its members, and was also a member in both the Alexander Hamilton and Theodore Roosevelt Inns of Court wherein he worked together with other selected lawyers and state and federal judges in the analysis of current legal issues. http://www.wigdorlaw.com/the-team/douglas-wigdor/ 5/16/2014
© Copyright 2024