Mediator Resume

Todd J. McNamara PC - Owner/President

Attorney

Owner/Shareholder, McNamara & Shechter/McNamara & James P.C./McNamara Roseman & Shechter LLP, 1995 - Present; General Counsel UFCW Local 7, 2016 - 2021(Retired); Shareholder, Robinson Waters D'Orsio & Rapson, 1984 - 1994; Litigation Associate, Atler Zall & Haligman, 1980 - 1984.

Practiced in the area of employment law for approximately 46 years, litigating, arbitrating and mediating employment related issues. Lectured locally and nationally on innumerable occasions with regard to employment law issues. Served as lead counsel in the largest age discrimination case ever brought, and successfully resolved, in the State of Colorado. Secured one of the largest ERISA judgments ever entered in the State of Colorado and also secured the first race discrimination judgment for failure to grant a franchise against the largest real estate franchise organization in the world. Served as co-counsel in an over 400 class action matter alleging age and ERISA benefits discrimination, which settled. Recently served as co-counsel in another multimillion-dollar ERISA class action recovery and as counsel in a $1.3 million settlement in an equal pay/retaliation case, as well as a class action alleging violations of the Rehabilitation Act which settled for $3.8 million. Ten recoveries in excess of one million dollars. Litigation experience includes numerous class actions and multi-plaintiff cases, sex, race, age, and national origin discrimination; sexual harassment; FLSA; ERISA; employee compensation and contract issues, including severance and executive compensation; covenants not to compete; trade secret disputes; and the full panoply of all employment related litigation, arbitration, and mediation disputes. Have actively litigated, from the defense perspective, all of the above areas of expertise over the course of my career. At one point in time my emphasis was primarily defense work and at other times primarily plaintiff's work.

Mediated more than 100 employment disputes. Served as a mediator in multiple race discrimination disputes, wrongful discharge in violation of public policy and/or wrongful discharge disputes, ERISA disputes, sex discrimination claims, sexual harassment claims, ADA claims, FLSA collective action cases and severance/breach of contract claims. These disputes have ranged between $60,000 and several million dollars.

The ERISA issues ranged from failure to honor severance policies to issues revolving around benefit package disputes, including disability claims. The race discrimination claims revolved around either a failure to promote or termination disputes. The sex discrimination and sexual harassment claims revolved around either hostile work environment circumstances or termination disputes. The ADA claims revolved around failure to accommodate FLSA claims were representative /collective actions. Have also handled franchise disputes.

My approach to my services as a mediator is that I take a very active role in the mediation process. I do not view my role as simply a go-between of the parties, but rather as an active participant in the process. As such, the parties can expect objective and candid assessments of the respective strengths and weaknesses of their cases. I firmly believe a mediator needs to be creative. Simply reciting the perils and risks of litigation is scarcely sufficient to fulfill the role of a successful mediator. At times, when the parties may be at an impasse, with the parties' agreement, I may suggest a "mediators number" which is typically a range within which I believe settlement should occur. I am a strong believer in detailed mediation statements, since I believe a successful mediator must understand the facts, the law and the emotions driving the respective positions.

St. John's University (JD - 1979); Chaminade University (BA - 1974).

Admitted to the Bar: Colorado (1980), New York (1980); U.S. District Court: District of Colorado; U.S. Court of Appeals, Tenth Circuit (1980).

American Bar Association; Federal Bar Association; Colorado Bar Association (Labor Law Committee, Past Co-Chair).

Co-author, "FEDERAL EMPLOYMENT JURY INSTRUCTIONS," James Publishing, 1999, supplements 2000-2012; "Practitioners Guide to Colorado Employment Law," CLE 2004-2012; chapter co-author, "Go the Distance-Maximizing Your Recovery of Attorneys Fees and Costs," TRIAL TALK, 1998; "Recent Developments in the Law of Wrongful Discharge," COLORADO LAWYER, 1983. Numerous speaking engagements and other publications. Please contact the AAA case manager if you require complete information regarding publications and activities.

North Carolina

Hourly Rate: $425.00 Daily Rate: Not provided Study Rate: $425.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Charges for study and follow-up time. Cancellation Policy: No cancellation fee is charged unless the mediation is cancelled less than 24 hours before it is set to begin. If so, a cancellation fee equal of $1250 will be assessed.

English

United States of America

Denver, Colorado