Mediator Resume

IAM Benefit Funds - Executive Director and Counsel

Attorney

Executive Director & Counsel, IAM Benefit Funds, August 2023-Present; Assistant Executive Director & Counsel, SEIU Benefit Funds, 2011-Present; Associate, Proskauer Rose LLP, 2005-2011; Contract Attorney, EDS, 2004; Contract Attorney, Walker Sewell LLP, 2002-2003; Partner, Henderson-Love Montgomery LLP, 2001-2003; Technical Research Consultant, Diversified Investment Advisors, 2000-2001; Attorney, Anthony Gulley & Associates, 1997-1999; Attorney, Law Office of Ray L. Shackelford, 1996-1997; Judicial Intern to Hon. Calvin Botley, U.S. District Court Southern District of Texas, 1996.

Attorney with 26 years of experience including seven with a law firm and eleven administering a large, complex union pension fund and providing advice on multiple issues related to US labor and employment. — In-depth knowledge and proficiency with federal and state labor and employment laws and regulations as well as laws related to retirement, ERISA, and the IRC. Currently serves as Executive Director & Counsel at IAM Benefit Funds Fund. Practice is ERISA and Labor and Employment administering retirement and health plans. Ensure regulatory compliance. As Asst. Executive Dir. & Counsel at SEIU Benefit Funds-Managed the day to day and administration of three US defined benefit pension funds; two Canadian defined benefit pension funds; two (2) US defined contribution benefit funds; and one (1) US health and welfare benefit fund to ensure that all plans are in compliance with all governing laws and regulations; Responsible for the review of IRS and DOL filings; Draft and revise plan documents to incorporate plan design changes and plan amendments; Managing the Fund’s delinquent contribution and withdrawal liability process Supervise outside counsel; Manage litigation matters, including the handling of discovery related issues; Serve as the Chief Negotiator for union contract negotiations between the Funds and the bargaining unit staff; Handle employee grievances and arbitrations; PROSKAUER ROSE, LLP Associate in the Labor & Employment Law Department. Proficient in labor and employment and ERISA litigation fields. Represented employers in employment disputes in state and federal court and administrative agencies, including but not limited to discrimination, wrongful discharge, FMLA, and non-competition agreements. Handled a wide range of ERISA cases-both single plaintiff and class actions, including successfully defended companies, fiduciaries, plan sponsors, service providers, and multi-employer plans against the following claims: ERISA breach of fiduciary duty; prohibited transactions; improper denial of claims for benefits; breaches relating to participant investment in employer securities; and delinquent contributions. Co-chaired the Pro Bono Committee for the New Orleans office and was a member of the Firm’s Diversity Steering Committee. Has successfully litigated employment cases involving Title VII, race, sex, and age discrimination, disability, and FMLA. Examples of cases handled include: (1) Litigated a racial discrimination case against a University. The client was wrongfully terminated and replaced by a person of a different ethnic background. The client was also harassed. Discrimination was found but the EEOC opted not to file suit on behalf of the client. As such, a right to sue was issued and litigation proceeded. Written discovery and deposition were conducted and the case was settled. (2) Litigated another race case against a hotel chain. The client was wrongfully terminated and replaced by a person of a different ethnic background. Worked with the EEOC and a right to sue letter was issued.

Has served as a mediator in family law and employment law cases. The family law cases dealt with issues surrounding the division of property and child custody. The property disputes ranged from $20,000 to $900,000. Has mediated all aspects of employment law cases, including but not limited to: race discrimination, sex discrimination, sexual harassment, employment agreement provisions, and covenants not to compete. The amounts in dispute ranged from $3,000 to over a $1 million. Has participated in the grievance process as a defense lawyer and now as a Deputy Director of an international union pension fund.

The issues of the cases mediated involved disputes over community property, child custody, job termination, race discrimination, sex discrimination, sexual harassment, employment agreements, and covenants not to compete.

The mediation process is a great way to help clear the court's docket and it is becoming more popular than arbitration. Over 90% of the disputes can be resolved through mediation because it allows the aggrieved party to be heard. Further, the mediation process is less costly than going to court. My expectation is that all parties, including the mediator, come to the table well-prepared and with an open mind. Further, the mediating parties should be prepared to present all relevant facts and defenses as if preparing for court. In order for the mediation to be successful, the mediator must be able to communicate effectively and efficiently. The most effective mediator is properly prepared and open to hear all facets of the case.

Temple University, James Beasley School of Law (LL.M, Taxation-2000); Texas Southern University, Thurgood Marshall School of Law (JD-1996); Howard University (BS, Psychology-1990).

Admitted to the Bar: Louisiana (2005), New York (2004), District of Columbia (1999), Texas (1996); U.S. District Court: Eastern District of Louisiana, Northern, Southern, and Eastern Districts of Texas, Southern and Eastern Districts of New York. Certified Federal Sector EEO Investigator.

American Bar Association (Labor and Employment Law; Employment Benefits Committee; Employer Rights and Responsibilities Committee; Equal Employment Opportunity Diversity Subcommittee); State Bar of Texas; District of Columbia Bar Association; New York State Bar Association; Louisiana State Bar Association (Diversity Committee; Governance Committee; Diversity Conclave and Diversity Outreach to Firms and Judiciary Subcommittees).

IAMAW Unity and Growth Conference, August 2023 “Benefit Claims-Part I: Administrative Procedures,” ABA Joint Committee on Employee Benefits, 33rd Annual National Institute on ERISA Basics, June 6, 2019 “Benefit Claims-Part II: Litigation Overview,” ABA Joint Committee on Employee Benefits, 33rd Annual National Institute on ERISA Basics, June 6, 2019 “Implementing Diversity and Inclusion Initiative in the Workplace,” ABA Section of Labor and Employment, January 24, 2017 “Retirement Plan Exit Strategies Section of Labor Section of Labor and Employment Law,” ABA Joint Committee on Employee Benefits 2015, Governmental Invitation, The Evolution of Employee Benefits: The Times They Be A Changin’, March 26, 2015 “Employee Benefits Law for Employment Lawyers,” ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel, April 17, 2014 “Ethical Issues That Arise in ERISA Litigation: The Fiduciary Exception to Attorney-Client Privilege, the Question of Who Really Is Your Client, and Other Considerations,” American Conference Institute’s 6th National Forum on ERISA Litigation, October 25, 2013 “Current and Future Impact of the Supreme Court’s DOMA Decision,” ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel, September 10, 2013 “Supreme Court Round Up,” ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel, July 16, 2013 “Ethical Considerations in ERISA Litigation,” ABA Joint Committee on Employee Benefits, ERISA Litigation, May 21, 2013 “LGBT Employee Benefits Litigation Issues,” ABA Joint Committee on Employee Benefits, ERISA Litigation, May 21, 2013 “Ethics for Benefits Lawyers,” ABA Joint Committee on Employee Benefits, a 90-minute Teleconference, December 18, 2012 “Ethical Considerations in ERISA Litigation,” ABA Joint Committee on Employee Benefits, ERISA Litigation, June 8, 2012 “Employment Discrimination and Benefits,” ABA Section of Labor and Employment Law, Employee Benefits Committee Midwinter Meeting, February 19, 2011 “Breaking Litigation News,” ABA Section of Labor and Employment Law, Employee Benefits Committee Midwinter Meeting, February 18, 2011 “Labor & Employment Legislation: What Is Congress Contemplating In 2010?,” ABA/EEO Committee for Liaison with EEOC, OFCCP, and DOJ, January 20, 2010 “Update on ERISA Claims Administration and Litigation,” ABA Section of Labor and Employment Law, 3rd Annual Conference, November 5, 2009 “2007 Employment Law Cases: Top 10 List, Avoiding Benefits Claim Litigation,” 2007 National Conference for the Minority Lawyer, ABA Section of Business Law, June 28, 2007 “FLSA Basics,” Louis A. Martinet Legal Society, Inc., End of the Year CLE, December 13, 2006 “Disaster Strikes! How to Address Labor and Employment Issues in the Aftermath,” 2006 ABA Annual Meeting, August 8, 2006 “ERISA Update:Top 10 ERISA Cases,” 2006 ABA Annual Meeting, August 7, 2006 “EEOC’s Focus on Systemic Discrimination,” ABA Committee for Liaison with EEOC, OFCCP, and DOJ, May 17, 2006 Publications Co-Author, Chapter 17, Multiemployer Plan Withdrawal Liability, Employee Benefits Law, Fifth Edition Co-Author, Chapter 15, Employment Discrimination and Employee Benefits, Employee Benefits Law, Fourth Edition Chapter 13-Exhaustion of Remedies, ERISA Litigation, Fifth Edition and 2015 Supplement Co-Author, Chapter 15, Employment Discrimination and Employee Benefits, Employee Benefits Law, 2015 Supplement Co-Author, Chapter 15, Employment Discrimination and Employee Benefits, Employee Benefits Law, 2014 Supplement Co-Author, Chapter 15, Employment Discrimination and Employee Benefits, Employee Benefits Law, Third Edition and 2013 Supplement Yolanda D. Montgomery, Peabody v. Davis: What Is A Fiduciary To Do?, Proskauer ERISA Litigation Newsletter, June 2011

Hourly Rate: $500.00 Daily Rate: Not provided Study Rate: $500.00/hr Cancellation: $1,200.00/Day Cancellation Period: 3 Days Comment: Will bill for travel and lodging expenses and study time. Cancellation: Parties who cancel up to 72 hours of the scheduled mediation will be charged 50% of the daily rate plus travel and lodging cancellation expenses. Parties who cancel within 72 hours of the scheduled hearing will be charged 100% of the mediation fee plus travel and lodging cancellation expenses.

English

United States of America

Haymarket, Virginia