BEGIN:VCALENDAR VERSION:2.0 PRODID:-//jEvents 2.0 for Joomla//EN CALSCALE:GREGORIAN METHOD:PUBLISH BEGIN:VTIMEZONE TZID:America/New_York X-LIC-LOCATION:America/New_York BEGIN:DAYLIGHT TZOFFSETFROM:-0500 TZOFFSETTO:-0400 TZNAME:EDT DTSTART:19700308T020000 RRULE:FREQ=YEARLY;BYMONTH=3;BYDAY=2SU END:DAYLIGHT BEGIN:STANDARD TZOFFSETFROM:-0400 TZOFFSETTO:-0500 TZNAME:EST DTSTART:19701101T020000 RRULE:FREQ=YEARLY;BYMONTH=11;BYDAY=1SU END:STANDARD END:VTIMEZONE BEGIN:VEVENT UID:a8b43fa53311e4d0211758b58419208577 CATEGORIES:MWELA Events SUMMARY:MWELA Brown Bag Bench Bar Webinar - Civility from the Podium: Professionalism as a Strategic Tool in an Employment Appeal DESCRIPTION:
In
2021, civility is under attack in the public square — and the effect is be
ing felt in employment litigation, too, where high-stakes, emotional disput
es unfold against an economic backdrop that has become increasingly fraught
and polarized. Our system of laws relies on the professionalism and restra
int of its practitioners, yet the boundaries of proper behavior are sometim
es blurred.
This CLE will explore the use of civility as a tool
to gain advantage in litigation, not just for the benefit of clients — tho
ugh that is a key outcome — but also for the overall good of the courts and
the legal profession.
Our distinguished panelists, federal jud
ges at the appellate level, will explore how the practice of civility and p
rofessionalism is explicitly favored under their local rules, as well as by
general court custom. They also will describe their expectations for court
room behavior — as well as the consequences, for lawyers and for clients, o
f violating norms.
The result will be a roadmap for attorneys wh
o wish to reap the benefits of courtroom civility and to capitalize on the
errors of opponents who disrespect judges and the forum in which they seek
justice.
Panelists:
Hon. Albert Diaz, Judge, U.S. Cou
rt of Appeals for the Fourth Circuit
Judge Diaz, a native of Brooklyn, New York, joined the Marines after
high school. He attended the University of Pennsylvania on a NROTC schola
rship, earning a B.S. in Economics. Following graduation, he was commissio
ned a Second Lieutenant of Marines. While in service, Judge Diaz attended
law school on a full scholarship. He received his J.D. from the New York U
niversity School of Law and also holds a Master of Science in Business Admi
nistration from Boston University, where he was later recognized as a disti
nguished alumni.
In the Marines
, Judge Diaz served as a prosecutor, defense counsel, and appellate governm
ent counsel. Judge Diaz left active duty in 1995 for private practice. He
remained in the Marine Reserves, serving as an appellate defense counsel,
military trial judge, and appellate military judge. He retired from the Ma
rines in 2006 at the rank of Lieutenant Colonel.
From 2001 to 2009, Judge Diaz served as a North Caro
lina Superior Court judge, including service on North Carolina’s Business C
ourt. President Obama nominated him to the Fourth Circuit in 2009, and he
was confirmed on December 22, 2010. Judge Diaz is past Chair of the ABA Ju
dicial Division’s Appellate Judges Conference and serves as Chair of the Ap
pellate Judges Education Institute. He is a member of the American Law Ins
titute. Judge Diaz has been recognized as a Legal Legend of Color by the N
orth Carolina Bar Association and as Latino Judge of the Year (twice) by th
e Hispanic National Bar Association. He has also received his local bar’s
Diversity Champion award, and has been honored as a Leader in the Law by th
e Elon University School of Law.
Hon. Stephanie D. T
hacker, Judge, U.S. Court of Appeals for the Fourth Circuit
<
span style="font-size: 12px;">Judge Thacker graduated magna cum laude from
Marshall University in 1987. She then graduated Order of the Coif from the
West Virginia University College of Law where she served as a member of the
West Virginia Law Review, and the editor of the coal issue of the West Vir
ginia Law Review. For the 20 plus years she practiced law, Judge Thacker wo
rked both in the civil and criminal litigation arenas. Judge Thacker served
as a federal prosecutor for 12 years, both at the United States Attorney’s
Office for the Southern District of West Virginia and at the Department of
Justice in the Child Exploitation and Obscenity Section. During her tenure
with the United States Attorney’s Office, Judge Thacker served as part of
the trial team in the first federal domestic violence prosecution in the co
untry. She also coordinated a number of prosecution initiatives aimed at co
mbating crimes of particular import in West Virginia, including domestic vi
olence, child support, and federal coal mine safety violations. In addition
to the obvious charges, these types of crimes included prosecutions for fi
rearms violations, tax evasion, fraud, and money laundering. While with the
Department of Justice, Judge Thacker rose through the ranks from trial att
orney to Principal Deputy Chief of the Child Exploitation and Obscenity Sec
tion. During her time with the Department, Judge Thacker prosecuted and wen
t to trial on cases in multiple jurisdictions, spearheaded several nationwi
de initiatives, and ultimately was awarded the Attorney General’s Distingui
shed Service Award. Following her tenure with the Department of Justice, Ju
dge Thacker was a member of the law firm of Guthrie & Thomas in Charles
ton, West Virginia where she engaged in litigation practice concentrating o
n complex litigation, environmental and toxic tort, and criminal defense. I
n September 2011, Judge Thacker was nominated by President Obama to fill a
vacancy on the Fourth Circuit Court of Appeals. She was confirmed by the U
nited States Senate on April 16, 2012.
R. Scott O
swald, Esq., The Employment Law Group, PC (moderator)
Scott Oswald is an accomplished trial lawyer who ha
s brought more than 40 trials to verdict. His cases have recovered more tha
n $300 million in judgments and settlements. A fellow of the prestigious Co
llege of Labor and Employment Lawyers, he received his law degree from Howa
rd University and honed his skills at Trial Lawyers College, founded by the
legendary Gerry Spence. Mr. Oswald litigates employment and whistleblower
actions nationwide. Among his results:
Mr. Oswald is chair of the Federal Bar Association’s Qui Tam Section and immediate past chair of the FBA’s Professional Ethics Committee . Lawdragon ranks him as one of the top 500 plaintiff-side employment lawye rs in the country.
Michal Shinnar, Esq., Senior Counse
l, Joseph, Greenwald, & Laake, PA (Introductions)
Michal Shinnar is Senior Counsel in the firm’s Labo
r & Employment Law and Whistleblower practice groups. She has a long tr
ack record of vigorously advocating for the rights of employees in many sec
tors and stations, from executives to low wage workers, and has helped reco
ver millions of dollars for her clients. Ms. Shinnar has successfully repre
sented employees in sex discrimination, disability discrimination, sexual h
arassment, pregnancy discrimination, race discrimination, age discriminatio
n, whistleblower retaliation, non-compete agreements, and unpaid wages case
s. Her practice includes all aspects of employment law, including discrimin
ation, disability accommodations, employment contracts, non-competes, sever
ance agreements, and wage and hour disputes. She was part of the litigation
team that won the highly publicized $43.8 million settlement in Breen v. F
AA, which made history as the highest settlement in an age discrimination c
ase against the federal government.
Ms. Shinnar has been recogn
ized by her peers through appointments to leadership positions in her bar a
ssociations, and has been repeatedly invited to speak on key employment law
topics. She currently serves as the co-chair of the National Employment La
wyers' Association (NELA) Disability Law Practice Group and on the board of
the Metropolitan Washington Employment Lawyers' Association (MWELA), where
she chairs MWELA’s Luncheon Seminar speaker program.
Thi
s free event is co-sponsored by the Metropolitan Washington Employment Lawy
ers Association and the College of Labor and Employment Lawyers.
View a recording of this program here.<
/strong>