Mediator Resume

Gateway Counsel LLC

Attorney

Owner, Attorneys at Work LLP, 2024-Present; Owner, Gateway Counsel LLC, 2023-Present; Partner, Snell & Wilmer LLP, 2019-2022; Partner, Messner Reeves LLP, 2016-2019; Attorney, Hamil Law Group LLC, 2015-2016; Attorney, Wheeler Trigg O’Donnell LLP, 2012-2015; Attorney, Hamil/Hecht LLC, 2003-2008; Attorney, The Legal Center for People with Disabilities, 2001-2003; Litigation Associate, Sherman and Howard LLC, 1996-1998, Litigation Associate, Baker Botts LLP, 1994-1996; Judicial Clerk, US District Court for the Northern District of Texas, 1993-1994.

Maintains a private law practice representing businesses and individuals in employment law matters. Also acts as a third-party neutral providing arbitration and mediation services, independent fact finder, and consent decree monitoring. Although no longer provides litigation services, has decades of experience as a commercial and employment law litigator. Employment: Currently provides employment law advice and counsel to organizations and individuals. Representative experience as individual counsel includes negotiation of employment, service and separation agreements and evaluation of and advice relating to restrictive covenants, discrimination and harassment claims, pregnancy and disability accommodations, and wage and hour issues. Representative experience as organizational counsel includes drafting various employment documents including offer letters, separation agreements, commission agreements, employment policies and handbooks, and providing compliance advice relating to Title VII, CADA, ADEA, ADA, PUMP Act and PWFA, FLSA, COMPS, FMLA, FAMLI, and HFWA. Has also represented individuals and organizations in litigation and arbitration relating to ADA, FMLA, ADEA, FLSA, and Title VII claims and analogous state statutes, including claims of discrimination, reverse discrimination, harassment and retaliation based on race/ethnicity, gender/sex, pregnancy, religion, national origin, disability, age and sexual orientation; violations of wage and hour law, including claims of misclassification, violation of meal period and rest break laws, and "off the clock" work; breach of company policy or applicable law or regulation; tortious interference with contract and prospective business advantage; violation of leave law; civil theft; misappropriation of trade secrets; breach of contract (including independent contractor, service and commission agreements); and breach of duty including fiduciary duty, duty of good faith and fair dealing, and duty of loyalty. Extensive experience with enforcement and defense of restrictive covenants, including confidentiality, non-competition, non-solicitation, no poaching and non-disclosure agreements. Commercial Litigation: Extensive experience litigating in state and federal courts, including jury trials, bench trials, arbitrations and administrative hearings representing both plaintiffs and defendants. Clients have included individuals, start-ups, publicly-traded companies, private companies, and non-profits. Handled a wide variety of commercial disputes across various industries, including cases involving breach of contract and the duty of good faith and fair dealing, disputes arising out of vendor service agreements, partnership/JV disputes, business torts (including tortious interference with contract and prospective business advantage, business disparagement, breach of fiduciary duty, and civil theft), non-competition/non-solicitation covenants, confidentiality and non-disclosure agreements, misappropriation of trade secrets, fraud, and Telephone Consumer Privacy Act. Cannabis: Representation of holding and technology companies as well as manufacturers, growers and dispensaries in relation to employment and contract disputes; provided employment law advice in relation to mergers and acquisitions, compliance issues, and health and safety regulations. Available for in-person, remote and hybrid proceedings.

Conducted dozens of mediations of commercial and employment law disputes. Draws upon decades of experience as a commercial and employment law litigator and current practice advising individuals and organizations in employment law matters. Mediations include matters involving contract disputes, franchise disputes, trade secrets, services agreements, breach of warranty, and wrongful termination, harassment, retaliation and discrimination (race, age, sex, disability, reverse discrimination). Completed 40-hour mediator training conducted by Phoenix Strategies and 40-hour mediator training conducted by the AAA.

Mediation experience spans dozens of commercial and employment law disputes. Representative mediations include contract disputes, franchise disputes, trade secrets, services agreements, breach of warranty, and wrongful termination, harassment, retaliation and discrimination (race, age, sex, disability, reverse discrimination).

Blending various mediation styles to achieve resolution, my mediation style goes beyond “shuttle diplomacy” and combines personal, compassionate and direct communication, in-depth preparation, and years of experience as a mediator and litigator. In addition to pre-mediation briefs and calls with counsel for each party, before every mediation I conduct independent research and analysis of each sides' arguments and likely outcomes and evaluate key evidence based on decades of litigation experience. Mediation is conducted using private caucuses, beginning with proactive "listening sessions" with each party to ensure full exploration of the motivators and obstacles to settlement, and building upon frank conversations with participants about the strengths and weaknesses of their position to leverage opportunities for compromise and creativity in structuring outcomes. Pre-mediation briefs and calls with counsel are essential to preparation and effectiveness of mediation.

University of Texas Law School (JD-1993); Dartmouth College (BA-1989).

Admitted to the Bar: Colorado (1996), Texas (1993).

Colorado Bar Association; Mile High Society for Human Resource Managers

Recent examples of publications and speaking engagements include: "Managing Pay Transparency in the Workplace," Co-Presenter, Mile High SHRM Webinar (December 7, 2021) "Colorado Round Up," Presenter, 2021 Employment Law Tool Kit Two-Part Webinar Series: Session 2: More Issues for All Employers and State-Specific Updates (November 18, 2021) "CMS Announces Vaccine Mandate for Healthcare Facilities," Co-Author, Snell & Wilmer Legal Alert (November 9, 2021) "Employers Urged to Prepare for Shot Mandate," Quoted, Business Insurance (October 5, 2021) "Full FDA Approval Provides Employers a Stronger Shield for Vaccine Mandates," Quoted, Denver Post (August 24, 2021) "Biden’s Attack on Non-competes Raises Concerns for Brokerages," Quoted, Business Insurance (July 27, 2021) "States May Offer Clues on Future of Non-Competes as Employers Await FTC Action," Quoted, Law Week Colorado (July 23, 2021) "President Biden Issues Executive Order Encouraging Federal Rule Makers to Limit or Ban Non-Competes," Co-Author, Snell & Wilmer Legal Alert (July 19, 2021) "Tracking the Trends in Employment Law," Presenter, YPO Retail and Franchise Networks (June 22, 2021) "The American Rescue Plan Act: How the New Legislation Affects Employers," Co-Author, Snell & Wilmer Legal Alert (March 16, 2021) "How to Ensure Pay Equity for People of Color," Quoted, HR Magazine (March 11, 2021) "Working from Home, for Good," Quoted, Law Week Colorado (February 26, 2021) "Employment Law Update," Presenter, Denver Emerging Business Seminar Series (February 17, 2021) "Colorado Employers Struggle With Require vs. Encourage When It Comes to COVID-19 Vaccinations," Quoted, Denver Post (December 25, 2020) "Show Them the Money: Colorado's New Equal Pay Law," Co-Author, Snell & Wilmer Legal Alert (December 7, 2020) "Rulemaking for Colorado Equal-Pay Causing Heartburn for Multistate Employers," Quoted, Denver Business Journal (October 29, 2020) “Regional Roundup: A State-Focused Look at Covered Topics,” Panelist, 2020 Employment Law Tool Kit Three-Part Webinar Series: Session 1: Issues for All Employers (October 20, 2020) “Pandemic and Social Justice Issues Prompt Pay-Equity Audits,” Quoted, HR Magazine (October 5, 2020) "Trending Claims and Litigation Strategies: Current Tactics for Keeping Would-Be Adversaries at Bay," Panelist, CBA-CLE Colorado Litigators' Summit (September 25, 2020) "'Not Too Late' to Prepare for Colorado's Equal Pay Law," Quoted, Law Week Colorado (August 6, 2020) "Colorado Enacts the Healthy Families and Workplace Act," Co-Author, Snell & Wilmer Legal Alert (July 23, 2020) "Will COVID-19 Put the Brakes on Cannabis Businesses…or Pump the Gas?" Co-Author, Snell & Wilmer Legal Alert (March 31, 2020) "Families First Coronavirus Response Act: Summary of the Employment Provisions of the New Law," Co-Author, Snell & Wilmer Legal Alert (March 19, 2020) "Coronavirus Outbreak Raises Tricky Workplace Legal Questions," Quoted, Denver Post (March 17, 2020) "Making Bank: The People’s Guide to Salary Negotiations," Co-Presenter, Colorado Women's Chamber of Commerce (March 11, 2020) "COVID-19 Presents Legal Issues for Employers," Quoted, BizWest (March 9, 2020) "Is Your Website Accessible? Number of ADA Title III Lawsuits on the Rise," Author, Snell & Wilmer Legal Alert (February 18, 2020) "Jumping Ship: Employee Mobility and Restrictive Covenants in Colorado," Co-Presenter, Employment Law Conference (October 3, 2019) "Use of Demonstrative Evidence at Trial: Means and Methods," Co-Presenter, Colorado Litigators' Summit (September 27, 2019) "Many Stories, One Vision," Moderator, Women's Foundation of Colorado PEP Committee Breakfast (September 17, 2019).

No travel charge for in-person and hybrid proceedings in Denver and Boulder Metropolitan Areas.

Hourly Rate: $480.00 Daily Rate: Not provided Study Rate: $480.00/hr Cancellation: $3,500.00/Day Cancellation Period: 3 Days Comment: Travel cost and out-of-pocket expenses are billed only for matters outside of the Denver metro area.

English

United States of America

Denver, Colorado