Mediator Resume

Experienced employment law mediator, arbitrator and litigator. Has trial experience as both in-house counsel and in private practice in defending and, at times bringing, cases involving breach of contract, misappropriation of trade secrets, the Defend Trade Secrets Act, violations of federal and state laws in cases alleging sex, sexual harassment, race, religion, national origin, disability, and FLSA wage and hour and state law prevailing wage claims. A firm believer in ADR and the practicalities and efficiencies inherent in mediation and arbitration versus civil court litigation.

Sterlington PLLC - Partner, N.Y. Office Benjamin N. Cardozo School of Law - Adjunct Professor

Attorney, Mediator, and Arbitrator Professor

Labor and Employment Law Partner, Sterlington PLLC, 2024-Present; Partner, Messner Reeves LLP, 2023-2024; Partner, Seglias, 2022-2023; Partner, Michelman & Robinson, 2019-2022; Partner, Hoguet Newman Regal & Kenney, 2012-2019; Partner, Fox Rothschild, 2010-2012; Partner, Seyfarth Shaw, 2006-2010; Partner, Brown Raysman, 2002-2006; Senior Vice President Employment Law and Human Resources, Frontier Telephone, 2000-2002; Partner, Greenberg Traurig, 1999-2000; Associate General Counsel for Labor and Employment Law, Frontier Telephone, 1996-1999; Law Firm Associate, 1986-1996.

Over 30 years' experience as a counselor, litigator, and CHRO concentrating on the law of the workplace, workplace dynamics, corporate governance, policy design, and team management. Extensive employment law experience as a litigator and counselor. Employment law cases litigated include numerous cases, in arbitration, state and federal courts involving age, race, disability, national origin, sex, sexual harassment, and equal pay discrimination, breach of contract, misappropriation of trade secrets, non-competition agreements, wage and hour, and failure to pay the prevailing wage. Recent representations include filing the first Defend Trade Secrets Act case in the US and obtaining the first seizure order; defending one of New York's largest healthcare providers in a whistle blower matter, representing a plaintiff finance executive in a defamation, breach of oral contract jury trial in the Southern District of New York resulting in a million-dollar plaintiff's award; defending one of New York's largest hospital networks in a six-week national origin, sex discrimination jury trial in New York Supreme Court, Bronx County, and breach of a restrictive covenant, non-compete matter involving a large financial institution. Significant experience in corporate governance, conflict management; and bringing misappropriation of trade secret cases against employees in a variety of settings, countries, and circumstances.

Extensive experience in the mediation of both labor, employment, and breach of contract matters. Recent cases include an age and national origin claims collectively brought by several drug store managers against a major drug store chain, numerous FLSA actions for misclassification and unpaid wages, an ADA claim brought by department store worker against a major cosmetics company that required resolution of joint employment issues, and breach of an executive employment agreement matter involving breach of a non-compete and misappropriation of trade secrets.

Sexual harassment, violations of the FLSA, breach of contract and related business torts, defamation per-se, race and age discrimination, misappropriation of trade secrets (DTSA, UTSA, and NY Law), worker classification, divorce and child parenting plans.

I am not simply a messenger who travels between caucus rooms. Rather, I am an active participant and idea generator in the mediation process. I know the law and what makes employment and labor litigation different from its commercial counterpart. I understand that optics can be as important as facts. The workplace is emotional. It is a complex, hierarchical, rule-based, eco-system populated by people with different educations, agendas, expectations, sensitivities, and perceptions. I appreciate the tensions these conflicting forces generate and that they must be considered and monetized when fashioning a workable settlement. Using the currency of mediation: law, facts, money, time, non-economic tangibles, tenacity, creativity, a new perspective, and appreciating the pluses and minuses of each side’s, I work doggedly with the parties to achieve settlement.

Word, Excel, Power Point, Notability, various document management programs.

Benjamin N. Cardozo School of Law (JD, Law Journal-1986); University of Michigan (BA, honors, Political Science-1981), Harvard University Program on Negotiation.

Admitted to the Bar: New York (1987); US District Court: Southern, Eastern, Western Districts of New York, District of Connecticut; US Court of Appeals: 2nd and 5th Circuits; US Supreme Court.

ABA; NYSBA; Federal Bar Council, 2nd Cir. Inn of Court Master; International Bar Association; SDNY Court Appointed Mediator for Employment Law; SHRM.

Publications: Battling Bias in Workplace Predictive A.I.: Challenges for Employers and the Bar, New York Law Journal, January 19, 2024. Undue Hardship: An Employer Response to Requests for Religious Accommodation to Avoid Mandatory Vaccination. NY Law Journal, 2021. Speaker: International Bar Association. Seminars/Webinars: Restrictive Covenants, Mandatory Vaccinations, Wearables in the Workplace, Mediating Employment Law Disputes, Misappropriation of Trade Secrets.

Five boroughs of the City of New York and Fairfield County, CT.

Hourly Rate: $750.00 Daily Rate: Not provided Study Rate: $750.00/hr Cancellation: $2,000.00/Day Cancellation Period: 7 Days Comment: No charge for travel within the 5 boroughs of New York City or within the County of Fairfield, Connecticut. All other travel charged as a disbursement.

English

United States of America

New York, New York