workplace investigations group directory - 2016
TRANSCRIPT
NATIONWIDE DIRECTORY2016
1827 Powers Ferry RoadSuite 23-200
Atlanta, GA 30339
(800) 830-1561Internal-Investigations.com
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Our attorney investigators are experienced professionals who conduct workplace investigations of various sizes nationwide. This directory allows Corporate Counsel, EEO Compliance Offi cers and Title IX offi cials and their organizations to easily mobilize a credentialed expert who will conduct an impartial investigation in a timely, eff ective, professional, and competent manner.
Why Use Workplace Investigations Group?
Benefi ts of Using WIG Investigators:
▪ Minimizes business disruption to the organization and regular workfl ow.
▪ Seamless responsiveness to needs as they arise.
▪ Eliminates any actual or perceived confl icts of interest in the process.
▪ When initiated properly, establishes and preserves the Attorney-Client Privilege and Work Product protections.
▪ Avoids turning regular legal counsel into a fact witness that disqualifi es the attorney from representing the entity later in the matter.
▪ Mitigates potential claims of retaliation.
▪ Takes “investigator” employees out of the situation so that ongoing employee relationships can be maintained and past relationships do not taint the results.
▪ Ensures that experienced professionals with solid experience in the fi eld of employment law are involved in assessing what is relevant and important.
▪ Provides an unbiased, factual, accurate and independent report so that employers can make informed decisions.
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Welcome from Our President
Welcome! As President of Workplace Investigations Group, it is my pleasure to share this directory of well-qualified and experienced employment attorneys who conduct neutral workplace and Title IX investigations. The bios of our attorney investigators here are among the most experienced investigators in the country. Others can be found on our on-line directory at www.internal-investigations.com.
Investigation Training Offered NationwideIn addition to being the only vetted directory of attorneys who investigate misconduct, EEO and Title IX related complaints, Workplace Investigations Group also delivers investigation training in various locations throughout the year. Developed by a cross-functional team of experienced litigators and educators, our training provides an interactive and authentic experience. Participants develop investigative skills and gain a legally based understanding of the investigative process. These classes range from 1 to 3 days and are accredited. Check out the 2016 schedule in the back of this directory for more information.
Customized On-Site TrainingWe also offer customized, on-site training for one employer and tailor the standard curriculum to the specific culture, processes and policies of the employer.
To learn more or discuss your training needs, please give us a call at 1-800-830-1561 or visit our website at Internal-Investigations.com. We look forward to hearing from you.
Best regards,
Lorene Schaefer Lorene F. Schaefer, Esq. President
Workplace Investigations Group 1827 Powers Ferry Rd.
Suite 23-200 | Atlanta, GA 30339 www.Internal-Investigations.com | (800) 830-1561
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Lorene F. Schaefer, Esq.
Prior to focusing her practice on providing neutral investigation and mediation services, Lorene was in-house counsel at the General Electric Company for over 14 years. Lorene has led hundreds of complex and sensitive investigations into allegations of misconduct, including Title IX, sexual harassment, retaliation, discrimination, insider trading, FCPA, and violations of company policy. She is also a trusted media resource providing a balanced perspective on workplace issues to various media outlets, including The Wall Street Journal, Corporate Counsel, Inside Counsel and SHRM Magazine.
Lorene’s personal and professional experiences enable her to quickly establish trust and confidence in the integrity of the investigative process. Her reports routinely are described as thorough and transparent as to analysis and conclusions.
Lorene also serves as faculty for Workplace Investigations Group training courses.
Career Highlights ▪ One of 7 attorneys invited by EEOC to offer suggestions
on its investigation and conciliation processes
▪ Author of WinWinHR.com, 3rd place winner in Labor and Employment category of The Expert Institute’s 2015 Best Legal Blog Contest
▪ Certified Federal EEO Investigator
Lorene F. Schaefer, Esq., President Workplace Investigations Group | 1827 Powers Ferry Rd.
Suite 23-200 | Atlanta, GA 30339 | www.Internal-Investigations.com [email protected] | (404) 680-8986
Lorene F. Schaefer, Esq.President
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Jennifer H. Keaton, Esq.
Jennifer Keaton, Esq. Vice President
Jennifer Keaton, Esq. is a full-time neutral who regularly serves as a grievance officer, arbitrator, workplace investigator and mediator.
Ms. Keaton has previously worked at a defense law firm for over a decade representing public and private employers in matters that ranged from policy consultations on employee relations matters to litigation appealed to the U.S. Supreme Court. Over the course of her career, she has also worked as in-house counsel for a large communications company. As such, she knows first-hand about the importance of a well-conducted, thorough, professional, prompt and impartial internal investigation that will withstand scrutiny.
As Vice President of Workplace Investigations Group, Ms. Keaton has combined her years of legal experience and expertise with her M.Ed. to develop a training curriculum that uses a variety of techniques (e.g., class discussions, demonstrations, games and role plays) to teach supervisors, HR professionals, in-house counsel, and risk managers how to conduct effective internal investigations.
Career Highlights ▪ JD from Wake Forest University School of Law and an
M.Ed. from Columbia University
▪ Ms. Keaton has conducted internal investigations for governmental entities, housing authorities, small businesses, and businesses that are as large as those of the Fortune 500
▪ Certified Federal EEO Investigator
Jennifer Keaton, Esq., Vice PresidentWorkplace Investigations Group | 1827 Powers Ferry Rd.
Suite 23-200 | Atlanta, GA 30339 | www.Internal-Investigations.com [email protected] | (404) 409-1348
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Courtney H. Bullard, Esq.
Courtney has practiced employment law for over 15 years, representing hundreds of private and public entities in harassment and discrimination charges and litigation. For 8 years, she served as a University system attorney where she advised on employment and Title IX investigations. Courtney regularly counsels employers on employment-law related matters and institutions in Title IX compliance. She specializes in Title IX investigations for private and public institutions. Courtney received her undergraduate degree from Indiana University and earned her J.D. from the University of Memphis School of Law where she served as Comments Editor of the Law Review.
Career Highlights ▪ Rule 31 Civil Mediator
▪ Regularly provides Title IX investigator training to secondary and higher education institutions
Courtney H. Bullard, Esq.
Courtney H. Bullard, Esq. Institutional Compliance Solutions | 801 Broad Street
Chattanooga, TN 37402 | www.icslawyer.com [email protected] | (423) 710-4027
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Linda G. Burwell, Esq.
Linda G. Burwell is the President of National Employment Counsel, PLLC, a niche firm serving in-house counsel, law firms and insurers, specializing in workplace investigations.
Ms. Burwell’s experience is global and she has conducted hundreds of investigations involving high-level individuals, including CEOs, presidents, CFOs, board members, owners of companies, and other executives regarding sensitive workplace issues, including bullying, harassment, discrimination, retaliation, whistleblower, fraud, ethical violations, grade changing, SOX and other employee incidents.
She is a nationally recognized employment law expert with over 30 years’ experience and is a frequent speaker and author on employment law, risk management, and investigations, including presenting at the annual conference of the Association of Workplace Investigators. She is a court-approved mediator and conducts remedial training pursuant to EEOC consent decrees.
Ms. Burwell has received numerous awards and honors including being recognized in the Best Lawyers in America, Chambers USA, one of Michigan’s Super Lawyers, Leaders in the Law by Michigan Lawyers Weekly, and Top 50 Female Lawyers in Michigan.
Career Highlights ▪ Prior to forming National Employment Counsel, she
co-founded and grew an employment defense firm into the largest women-owned defense firm in the state of Michigan.
▪ Recognized as an expert by the EEOC, she was invited to testify before the Commission in Washington, D.C. regarding investigations and conciliations.
Linda G. Burwell, Esq.
Linda G. Burwell, Esq.National Employment Counsel PLLC | 16 Oxford Blvd.
Pleasant Ridge, MI 48069 | www.nationalemploymentcounsel.com [email protected] | (248) 730-5583
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Diane E. Citrino, Esq.
Diane Citrino is experienced in conducting investigations in work and school settings. She is objective and neutral and has extensive experience in investigations ranging from alleged misconduct at the highest levels of corporations to student-on-student harassment claims. When an impartial investigation is needed to bring clarity to a jumble of innuendo and assertions, Diane moves quickly to capture the facts.
As an experienced litigator who has first-chaired federal and state cases for her clients for over 25 years, she has been peer recognized for her legal knowledge and honored for her commitment to the legal profession. She has obtained Martindale-Hubbell’s coveted AV rating for over 15 years. As a former Regional Director for the Ohio Civil Rights Commission, Diane supervised hundreds of investigations each year in employment, housing and public accommodations. Diane currently serves as chair of the Ohio Advisory Committee to the U.S. Civil Rights Commission.
You can learn more about Diane’s practice in this cover article in Attorney at Law Magazine, http://winwinhr.com/investigator-diane-citrino-esq-featured-in-attorney-at-law-magazine.
Career Highlights ▪ Former Regional Director of Ohio Civil Rights
Commission
▪ JD 1982 U.C. Berkley Law; BA 1979 Brown University
Diane E. Citrino, Esq.
Diane E. Citrino, Esq. Giffen & Kaminski | 1300 East Ninth St.
Suite 1600 | Cleveland, OH 44114 | [email protected] | (216) 621-5161
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Mark J. Flynn, Esq.
Mark Flynn is an employment attorney in Denver, Colorado and founder of Employment Matters LLC and Flynn Investigations Group (“EMFIG”). Mark started EMFIG to continue his specialization in conducting and managing workplace and school investigations. Previously, Mark worked at a 3,000-member employers’ association for over 18 years, where he developed and managed a team of investigators and counseled employers on all aspects of employment law.
A graduate of the University of Michigan and Chicago- Kent College of Law, Mark has managed and conducted impartial investigations and broader assessments to address all forms of workplace discrimination, harassment, sexual violence, retaliation claims, and other misconduct, performance and behavioral concerns involving all levels of management – including elected officials.
Mark is a sustaining member of the Association of Workplace Investigators (“AWI”) and serves on AWI’s Guiding Principles Committee.
Career Highlights ▪ Developed investigation protocols, trained a staff of
attorney investigators, and managed intake and quality assurance of approximately 120 investigations annually over the past decade
▪ Published multiple articles on workplace investigations and unlawful retaliation
▪ Acted as an expert witness on the adequacy of workplace investigations in federal trial matters
Mark J. Flynn, Esq.
Mark J. Flynn, Esq.Employment Matters LLC and Flynn Investigations Group LLC
2373 Central Park Blvd. | Suite 100Denver, CO 80238 | www.emfig.com [email protected] | (303) 803-1686
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Amy L. Lieberman, Esq.
Amy Lieberman has been a full-time neutral in employment law for close to 15 years. Her ADR practice is exclusively devoted to preventing and resolving workplace conflict and employment litigation, through investigation and fact-finding, training, mediation and arbitration.
Amy has investigated, mediated and resolved over 1000 complex and sensitive workplace matters, including claims for sexual harassment, discrimination, retaliation, hostile work environment and other types of misconduct, EEOC charges, internal disputes and class-wide litigation. She is a member of the National Academy of Distinguished Neutrals, the American Arbitration Association, and the American College of Civil Trial Mediators. Amy has also mediated on a contract basis for the EEOC for over ten years. She is the author of the acclaimed book, Mediation Success: Get it Out, Get it Over, Get Back to Business (May 2012).
Ms. Lieberman regularly trains Human Resource professionals and lawyers on employment investigation techniques and mediation skills. She is an internationally sought after speaker on resolving employment conflict.
Career Highlights ▪ Over ten year’s recognition in “Best Lawyers in America”
and “Southwest Super Lawyers”
▪ Ranked as Arizona’s top ADR lawyer by Arizona Business Magazine, 2013
Amy L. Lieberman, Esq.
Amy L. Lieberman, Esq. Insight Employment Mediation LLC | 8149 North 87th Pl.
Suite 208 | Scottsdale, AZ 85258 | [email protected] | (480) 246-3366
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Julie Moore, Esq.
Julie A. Moore, Esq., SPHR, is president of Employment Practices Group, a legal and Human Resources consulting firm that she founded in 1998.
The majority of Julie’s work is as an independent fact finder, where she conducts investigations into alleged harassment and other forms of misconduct. She has conducted over 100 investigations and has also acted as legal counsel to employers handling matters internally. In addition to her work with public and private employers, she has acted as independent fact finder for educational institutions, including Harvard University and Amherst College, where she assists in the confidential investigation of disciplinary matters, including cases involving allegations of sexual misconduct.
Career Highlights ▪ Board member and conference chair of the Association
of Workplace Investigators
▪ Inducted as a Fellow into the College of Labor and Employment Attorneys
Julie A. Moore, Esq.
Julie A. Moore, Esq. Employment Practices Group | 8 Rice St.
Suite 201 | Wellesley, MA 02481 | www.employmentpg.com [email protected] | (978) 975-0080
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Kathy Perkins, Esq.
Kathy Perkins founded her firm in 2008 after 25 years experience litigating employment disputes on behalf of employers. Her focus is resolving workplace conflict proactively through employee counseling, mediation and investigations. Kathy is a skilled outside neutral investigator, drawing on her litigation experience to develop a process and documentation that supports employer decision-making and legal compliance. She has testified in depositions and in court settings.
Kathy also trains HR managers on her Workplace Investigations Program, a systematic form-based approach for employers to address employee issues from the smallest complaint to a high stakes harassment claim.
Kathy holds a J.D. from Harvard Law School and a B.S. in Civil Engineering from Kansas State University. She is licensed in Kansas, Missouri, D.C. and Idaho (inactive).
Career Highlights ▪ Outside investigation experience on high stakes
matters including sexual harassment, whistle blowing, embezzlement, race discrimination, and retaliation.
▪ Frequent speaker on workplace and dispute resolution issues including ABA ADR section and annually presenting an investigations session at the LEAP (Labor and Employment Advanced Practices) Symposium, sponsored by the National Institute of Business Management.
Kathy Perkins, Esq.
Kathy Perkins, Esq. Kathy Perkins, LLC | 700 Massachusetts St.
Suite 303 | Lawrence, KS 66044 | www.kathyperkins.com [email protected] | (785) 856-0200
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Nancy Pridgen, Esq.
Nancy focuses her practice on employment litigation in the federal courts, and has handled, in some capacity, nearly every type of employment law matter that exists, including employment discrimination (age, race/nationality, gender, disability), retaliation, harassment, unemployment, FMLA, FLSA/wage and hour, ERISA/employee benefits, employment contracts, etc.
Nancy’s experience as an Assistant U.S. Attorney and as an Assistant Attorney General provides her with valuable insights on conducting investigations. Since leaving the public sector, Nancy’s keen understanding of employment law has served private employers as well.
Nancy is a proud graduate of Auburn University, where she graduated summa cum laude, as the President’s Award winner for the College of Liberal Arts for her graduating class, with a double major and in the University Honors Program. Nancy received her law degree from Vanderbilt Law School, where she served as a Managing Editor of the Vanderbilt Law Review, and was named NAWL’s Outstanding Woman Law Graduate for her class, in addition to her Dean’s List honors.
Career Highlights ▪ Nancy writes and speaks often on ERISA/employment
litigation topics; you can access the titles of her publications and speaking engagements from the bio page on her firm website, www.patelburkhalter.com.
▪ Nancy currently serves as an Officer in the Georgia State Bar Employee Benefits Section
Nancy B. Pridgen, Esq.
Nancy B. Pridgen, Esq. Patel Burkhalter Law Group | 4045 Orchard Road
Building 400 | Atlanta, GA 30080 | www.patelburkhalter.com [email protected] | (678) 974-1721
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Sindy Warren, Esq.
Sindy Warren, Esq. Warren & Associates, LLC | 2735 Landon Road
Shaker Heights, OH 44122 | www.SindyWarren.com [email protected] | (216) 965-7024
Sindy has been helping employers comply with employment laws for nearly 20 years. An experienced workplace investigator, she is a sought-after speaker on the topic and has served as an expert witness as well. Sindy’s insights and experience were recently sought by the EEOC, as she testified before the Commission’s Task Force on the Study of Workplace Harassment.
Before beginning her workplace investigation work, Sindy worked as an employment litigator at McCutchen Doyle in San Francisco; Foley Hoag in Boston; and Duvin, Cahn & Hutton in Cleveland. She brings her legal expertise and experience to her investigation work.
Career Highlights ▪ JD, Stanford Law School (with honors)
▪ Member of Association of Workplace Investigators (AWI)
Sindy Warren, Esq.
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Allison West, Esq., SPHR, SHRM-SCP
In 2000, Allison started Employment Practices Specialists after practicing law at a San Francisco labor and employment boutique. Allison helps employers with educating their workforce, minimizing legal risk and creating a culture of respect and productivity. She conducts workplace investigations in the areas of harassment, discrimination, retaliation, whistleblower claims, theft and other misconduct. She has conducted over 100 investigations and provides expert witness testimony on the adequacy of investigations.
Allison is a nationally recognized and sought after speaker and also delivers interactive training around the country on investigations, employment law and human resources related topics and provides remedial executive coaching.
She is a member of the State Bar of California and also holds the Senior Professional in Human Resources and SHRM-SCP certifications. She is a member of the International Association of Interviewers and was on the Technical Committee for creating international ANSI standards for investigations entitled, Managing the Investigative Process – Guidance on Conducting Investigations.
Career Highlights ▪ Board and Sustaining Member, Association of Workplace
Investigators
▪ Faculty at the Association of Workplace Investigators Training Institute
Allison West, Esq., SPHR, SHRM-SCP
Allison West, Esq., SPHR, SHRM-SCP Employment Practices Specialists | 446 Old County Road #100-328
Pacifica, CA 94044 | www.employmentpractices.net [email protected] | (650) 557-1400
The determination of whether the attorney-client privilege and work product doctrines apply is heavily fact dependent. There is no “magic bullet.” With that said, here are eight tips for maximizing the likelihood an investigation will be deemed privileged:
Tips & Templates for Preserving Privileges
▪ Beware putting compliance processes on auto-pilot. Every allegation of misconduct should involve an initial determination as to which allegations will be investigated and by whom (or at whose direction).
▪ Counsel should be involved early to assess privilege issues. The later corporate counsel (either in-house or outside counsel) is involved in the receipt or processing of misconduct allegations, the less likely the investigation will be deemed privileged.
▪ Formally document when an internal workplace investigation is being conducted for the purpose of obtaining legal advice.
▪ Document any threat of litigation, veiled or overt.
▪ If a non-attorney is going to assist in the investigation, the company attorney should give the non-attorney an Upjohn letter.
▪ Give all corporate witnesses that are interviewed Upjohn warnings and get an acknowledgement.
▪ Mark all documents created during the course of the investigation as attorney-client privileged and subject to the attorney work product doctrine.
▪ Maintain the investigation files in a confidential manner and do not discuss the investigation except with those with a legitimate need to know.
To: Non-Attorney Assisting Legal Counsel in an Internal Investigation
From: Legal Counsel
Date:
Re:
I am legal counsel for __________ (insert company name) and have been retained to provide legal counsel to the company regarding ______________. I have asked that you assist me in gathering relevant facts in order for me to provide such legal advice. In gathering such relevant facts, you will at all times be working at my direction and your communications with me will be protected by the attorney-client privilege.
The attorney-client privilege belongs solely to the Company and not you. That means that only the Company may elect to waive the attorney-client privilege and reveal our communications to third parties.
In order for our communications to be protected by the attorney-client privilege, they must be kept in confidence. All of your communications with me regarding this investigation should be marked “Prepared at Request of Counsel. Attorney-Client Privileged. Attorney Work Product.” All documents related to this investigation should be retained in a separate location and treated with confidence. You should not discuss this investigation with anyone other than me without my pre-approval.
You should advise all individuals you interview during the gathering of relevant facts of the attorney-client privilege. Specifically, you should advise all individuals interviewed as follows:
I am working at the direction of the Company’s legal counsel and am conducting this interview to gather facts to give to the
Internal-Investigations.com 1-800-830-1561
Template of Upjohn1 memorandum to be given to all non-attorneys assisting legal counsel
in an internal investigation.
1 Upjohn warnings are named after Upjohn v. United States, 449 U.S. 383 (1981), the case in which the Supreme Court made clear that the corporate attorney-client privilege applied to a much wider group of Constituents than the corporation’s “control group.”
Template continued on next page...
Company’s lawyer. The Company’s lawyer will rely on these facts in order to provide legal advice for ____________________ (insert name of company). This interview is part of an investigation to determine the facts and circumstances of _____ (insert brief description of allegation(s)) in order to advise the company how best to proceed.
Your communications with me are protected by the attorney-client privilege.
The attorney-client privilege belongs solely to the Company and not you. That means that only the Company may elect to waive the attorney-client privilege and reveal our discussion to third parties.
In order for this discussion to be subject to the privilege, it must be kept in confidence. In other words, with the exception of your own attorney, you may not disclose the substance of this interview to any third party, including other employees or anyone outside of the company. You may discuss the facts of what happened but you may not discuss this discussion.
Do you have any questions?
Are you willing to proceed?
Internal-Investigations.com 1-800-830-1561
Nationwide & On-Site Options
Workplace Investigations Group off ers its workplace investigation training courses in various locations throughout the year. We also off er customized training for employers and organizations that wish to train larger groups at their own location.
Please contact [email protected] to learn more about our on-site training options that can be tailored to the specifi c needs of your organization.
For our national off ering of training, please see our calendar and locations below for upcoming, scheduled training off erings. Seminar agendas can be found on our website under the Training link at www.Internal-Investigations.com.
Investigation Training
Workplace Investigations Group1827 Powers Ferry Rd.
Suite 23-200Atlanta, GA 30339
www.Internal-Investigations.comP: (800) 830-1561
February 11–12, 2016, Washington, D.C. February 17–18, 2016, Miami, FL March 2–3, 2016, Las Vegas, NV April 27–28, 2016, Chicago, IL
April 27–28, 2016 ,Cincinnati, OHMay 10–11, 2016, St. Louis, MO
June 8–9, 2016, Atlanta, GAJune 14–15, 2016, Newton, MANovember 2–3, 2016, Dallas, TX
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