Workplace Investigations Group - 2015 Directory

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NATIONWIDE DIRECTORY 2015 1827 Powers Ferry Road Suite 23-200 Atlanta, GA 30339 (800) 830-1561 Internal-Investigations.com

Transcript of Workplace Investigations Group - 2015 Directory

Page 1: Workplace Investigations Group - 2015 Directory

NATIONWIDE DIRECTORY 2015

1827 Powers Ferry Road Suite 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 Officers and Title IX officials and their organizations to easily mobilize a credentialed expert who will conduct an impartial investigation in a timely, effective, professional, and competent manner.

Why Use Workplace Investigations Group?

Benefits of Using WIG Investigators:

▪ Minimizes business disruption to the organization and regular workflow.

▪ Seamless responsiveness to needs as they arise.

▪ Eliminates any actual or perceived conflicts 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 disqualifies 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 field 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

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

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 investigations. I invite you to browse through the bios of our attorney investigators selected from among the most experienced investigators in the country here and on-line at www.internal-investigations.com.

Keep this directory handy and refer to it when you need a well-qualified, external investigator to conduct a professional, prompt, thorough and neutral internal investigation that will withstand scrutiny.

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. Over the past 20 years, Lorene has led hundreds of complex and sensitive investigations into allegations of misconduct, including sexual harassment, retaliation, discrimination, insider trading, FCPA, and violations of company policy.

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.

Career Highlights ▪ Invited by the EEOC to offer suggestions on its

investigation and conciliation processes

▪ Author of Corporate Counsel’s Guide to Internal Investigations

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. Prior to becoming a full-time neutral, Ms. Keaton worked at a defense law firm for over a decade representing public and private employers in matters that ranged from policy consultations and employee relations matters to litigation that was 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 and for the Lawyers Committee for Civil Rights Under Law and the National Labor Relations Board. 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. in education 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. She is a highly sought-after faculty and her training classes are routinely sold out. The schedule for her upcoming training programs is on the inside back cover of this booklet.

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.

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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Diane Citrino, Esq.

Diane Citrino, Esq. Giffen & Kaminski | 1300 East Ninth St.

Suite 1600 | Cleveland, OH [email protected] | (216) 621-5161

Diane is 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. Diane has obtained Martindale-Hubbell’s coveted AV rating.

A former Regional Director for the Ohio Civil Rights Commission, Diane frequently conducts independent investigations into allegations of discrimination or harassment. She currently serves as the chair of the Ohio Advisory Committee to the U.S. Civil Rights Commission.

Career Highlights ▪ Former Regional Director of Ohio Civil Rights

Commission

▪ JD 1982 U.C. Berkley Law; BA 1979 Brown University

Diane Citrino, Esq.

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S. Leigh Jeter, Esq.

Leigh is a partner with Clark Baird Smith LLP, where she represents public and private sector employers in labor and employment matters. Leigh has successfully represented clients in single plaintiff and class action litigation matters involving all aspects of labor and employment law. Leigh has significant experience investigating and handling matters filed with the EEOC and similar state agencies across the nation. Her work in this area includes assisting clients at the charge stage, during complex governmental investigations, and throughout any subsequent litigation.

In addition to her litigation experience, Leigh has extensive experience conducting neutral workplace investigations on behalf of employers in a wide range of industries. During her career, Leigh has conducted investigations into complaints alleging discrimination, harassment, retaliation, failure to accommodate, performance and misconduct issues, wage and hour violations, embezzlement, and ethics and compliance violations. Leigh also regularly conducts training for employers on a wide range of employment matters, including the prevention of discrimination and harassment, compliance with the ADA and FMLA, hiring and recruitment practices, performance management, and appropriate investigation techniques.

Career Highlights ▪ Extensive experience conducting neutral workplace

investigations and training

▪ Extensive experience representing employers in employment litigation and EEOC matters

S. Leigh Jeter, Esq.

S. Leigh Jeter, Esq. Clark Baird Smith LLP | 6133 N. River Rd.

Suite 1120 | Rosemont, IL [email protected] | (847) 378-7704

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Amy Lieberman, Esq.

Amy Lieberman, Esq. Insight Employment Mediation LLC | 8149 North 87th Pl.

Scottsdale, AZ [email protected] | (480) 246-3366

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 Lieberman, Esq.

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Julie A. 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. As an attorney, she is admitted to practice law in the Commonwealth of Massachusetts and State of New Hampshire. She has practiced law for 22 years and is a frequent author, lecturer, counselor, and trainer on workplace issues.

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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Laura L. Noble, Esq.

Laura L. Noble, Esq. The Noble Law Firm, PLLC Employment Attorneys | 308 W. Rosemary St.

Suite 303 | Chapel Hill, NC 27516 [email protected] | W: (919) 251-6008 | M: (919) 724-9001

After graduating from the University of Vermont with a B.A. in political science and then attending the University of Maryland School of Law, Laura moved to New York and worked as a prosecutor in one of the largest and most challenging District Attorney’s offices in the county. Laura then spent eleven months with a “big law” civil litigation firm in Manhattan before becoming Deputy Director for Advocacy and Legal Services at Covenant House in New York.

Laura began her boutique employment law practice, The Noble Law Firm, in 2009. The firm provides clarity on key employment issues both to individuals and to companies. The firm represents individual clients in counseling, negotiation and litigation related to workplace issues. The firm also provides advice and counsel to companies seeking to implement “best practices” in their employment policies and procedures.

Career Highlights ▪ Advocates for Justice Order of Service for 2013

▪ Business NC Magazine Recognizes Laura Noble of The Noble Law Firm Among the State’s 2013 Legal Elite

Laura L. Noble, Esq.

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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 court.

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, whitle 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.Kathy-Perkins.com [email protected] | (785) 856-0200

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Xan Raskin, Esq.

Xan Raskin, Esq. Artixan Consulting Group, LLC | 235 West End Ave.

Suite 5C | New York, NY 10023 | www.ArtixanConsulting.com [email protected] | (646) 425-5860

Xan Raskin, Esq., SPHR, has spent her entire career solving workplace issues. A seasoned employment attorney and business executive with 17+ years of professional experience, including serving for nine years as in-house counsel at Bristol-Myers Squibb Company, and prior to that at PepsiCo, Inc. She founded her consulting firm in 2010 to help employers with employee relations solutions that are sustainable, easy to implement and mitigate risk.

In addition to her extensive experience as a skilled workplace investigator, Xan is a mediator and regularly conducts coaching and training for employers on a wide range of issues, including workplace communication and conflict resolution for managers, sensitivity and professionalism in the workplace, appropriate investigation techniques for human resources, and the prevention of discrimination and harassment.

Career Highlights ▪ J.D., Georgetown University Law School

▪ S.D.N.Y. Federal Mediation Panel

Xan Raskin, Esq.

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Shannon (“Missy”) S. Spainhour, Esq.

Ms. Spainhour has been practicing labor & employment law throughout North Carolina for over 13 years. She has been involved in numerous investigations on behalf of employers, including complex investigations into allegations of workplace misconduct (including harassment and discrimination allegations), violations of company policy, identify theft issues in the workplace, pre-suit investigations, and litigation of numerous employment matters.

Ms. Spainhour is also a frequent speaker on various employment law topics, including training in the workplace.

Career Highlights ▪ NC Dispute Resolution Committee Certified as

Superior Court Mediator

▪ Recognized by Business North Carolina magazine as a member of the “Legal Elite” in the field of Employment, 2008, 2011, 2012, 2013 and 2014.

Shannon (“Missy”) S. Spainhour, Esq.

Shannon (“Missy”) S. Spainhour, Esq. Davis Hartman Wright | 28 Schenck Pkwy.

Suite 200 | Asheville, NC 28803 [email protected] | W: (828) 771-0833 | M: (704) 904-0506

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Sindy Warren, Esq.

Sindy Warren, Esq. Warren & Associates, LLC | Shaker Heights, OH

www.SindyWarren.com | [email protected] |(216) 965-7024

Sindy Warren has been practicing law and helping employers comply with employment laws for 18 years. Since 2003, Ms. Warren has brought her legal expertise to bear in her role as an HR consultant. She is driven by a passion to help employers have excellent employee relations and avoid employment-related conflicts. She conducts workplace investigations, presents training programs, and consults on human resources issues. She has investigated many employee complaints, including complaints of harassment, discrimination, retaliation and other workplace misconduct. She has trained managers and employees on issues ranging from harassment to performance management. She has provided one-on-one sensitivity training to executive employees.

Prior to starting her consulting business, Ms. Warren was an employment litigator for McCutchen Doyle in San Francisco; Foley Hoag in Boston; and Duvin, Cahn & Hutton in Cleveland. Sindy graduated from Stanford Law School with honors in 1996 and Tufts University (Phi Beta Kappa, magna cum laude) in 1993. Ms. Warren brings her legal expertise and experience to her consulting work. Combining extensive legal knowledge with a practical, down-to-earth understanding of employee relations, she is able to help companies develop and maintain sound employment practices and positive working environments.

Career Highlights ▪ Graduate of Stanford Law School (with honors)

▪ Member of Association of Workplace Investigators (AWI)

Sindy Warren, Esq.

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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. Visit http://winwinhr.com/workplace-investigations for an Upjohn template.

▪ Give all corporate witnesses that are interviewed Upjohn warnings and get an acknowledgement. Visit http://winwinhr.com/workplace-investigations for a template instruction.

▪ 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.

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Nationwide & On-Site Options

Workplace Investigations Group offers its workplace investigation training courses in various locations throughout the year. We also offer 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 specific needs of your organization.

For our national offering of training, please see our calendar and locations below for upcoming, scheduled training offerings. 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 3–4, 2015 in Atlanta, Georgia (WIG Headquarters)February 10–11, 2015 in Denver, COMarch 12–13, 2015 in Cincinnati, OH

March 24–25, 2015 in Dallas, TXApril 22–23, 2015 in Chicago, IL

May 5–6, 2015 in Atlanta, GAMay 13–14, 2015 in Birmingham, AL

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