Empowering Workers' Rights Attorneys
Wednesday, June 25, 2025 |
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9:30 a.m.–4:00 p.m. | 2025 Affiliate Leadership Workshop & Forum Please contact Karen Maoki for more information. | |
2:00–8:00 p.m. | 2025 Annual Convention Registration | |
4:30-6:00 p.m. | Transforming the Future: Advocacy & Impact in Employment Law Law Students & New Practitioners Program Speakers: Dana Busgang, Clara Coleman & Joseph W. Gibson Law students, recent law graduates, and those new to plaintiffs’ employment law are invited to join NELA and the National Institute for Workers’ Rights for an engaging and interactive discussion on how a career in plaintiff-side employment law offers a unique and meaningful way for new lawyers to use their skills to drive progressive social change. Experienced employment law practitioners will discuss their work as advocates for workers’ rights and how it intersects with and advances other social justice issues including civil rights, immigration, environmental justice, LGBTQ+ rights, and gender equality. The panelists also will address how to enter the plaintiffs’ employment law field and what skills and experience can help law students be successful advocates as they begin their legal careers. | |
6:00—6:30 p.m. | Law Students & New Lawyers Reception The Law Students & New Lawyers Program and Reception are generously sponsored by AARP Foundation Litigation. | |
6:30–8:00 p.m. | President’s Welcome Reception Convention participants are invited to join NELA President M. Nieves Bolanos, the NELA Board, and the 2025 Annual Convention Committee for an informal gathering to celebrate 40 years of workers’ rights advocacy, renew friendships, and make new ones. First-time Convention participants are especially encouraged to attend. The President’s Welcome Reception is generously sponsored by the Maryland Employment Lawyers Association. | |
Thursday, June 26, 2025 |
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7:00–9:00 a.m. | 2025 Annual Convention Registration | |
8:30–9:15 a.m. | Paul H. Tobias Roll Call Of The States & Opening Remarks M. Nieves Bolaños, NELA President & Karen Maoki, Interim Executive Director Clara Coleman & Sacred B. Huff, Co-Chairs of NELA’s New Practitioners Committee will lead the Roll Call. Join NELA Leadership as we commence the 2025 Annual Convention with the time-honored Paul H. Tobias Roll Call of the States. | |
9:15–10:30 a.m. | Empower. Reclaim. Transform.: Honoring Courageous Plaintiffs Courageous Plaintiffs: Diana Portillo Medrano, Paula Bird & Lauren Doe, Gerarlyn Sept Docot, Kathleen Landazabal & Edmon Calizon Advocates: Jonathan C. Puth, Christine E. Webber & Elizabeth Koo The Convention’s opening plenary session will bring to life the stories of three remarkable individuals who stood up to their employers and held their ground in the face of immense adversity, not only to vindicate their own rights, but to improve the lives of others as well. Our honorees embody the change we want to see in the American workplace, and their courage will inspire us to continue the fight to elevate justice for all workers. Their lawyers will share their legal theories and litigation strategies that led to their clients’ extraordinary victories. | |
10:30–11:30 a.m. | Exhibitor Open House | |
11:15 a.m.–12:15 p.m. | Concurrent Sessions | |
Fundamentals of Employment Law | The Art of Co-Counseling Moderator/Speaker: Phillip M. Kitzer Speakers: Lisa L. Clay & Ty Frankel Whether you are a solo practitioner or in a firm, knowing how to effectively co-counsel with other practitioners can be a vital tool in your toolbelt. Join our practitioners as they share the keys to successful co-counseling relationships. From finding co-counsel to navigating the ethical, financial and practical dynamics at work, this panel will prepare you to take on more complex cases with confidence. | |
Trial Advocacy | Focus Groups at Every Stage of Your Case Moderator/Speaker: Amanda M. DeMatteis Speakers: Amanda Farahany & R. Scott Oswald Focus groups can play an important role at every stage of your case. From developing your theme to determining if an expert witness is right for your case, a focus group can bring your litigation to the next level. This panel will discuss how to effectively use focus groups, when to call them in, and how to do it on a budget. | |
Representing Federal Workers | Representing Federal Sector Employees in 2025 Moderator/Speaker: Sonya C. Edwards Speakers: James M. Eisenmann & Deryn A. Sumner Federal sector employees are facing unprecedented challenges in 2025. Since January, thousands of federal workers have faced attacks ranging from illegal mass firings of probationary employees to widespread reductions in force. Whether you are taking on federal sector cases for the first time or learning current strategies to adapt to the ever-changing threats to the federal workforce, our experts will ensure that you are prepared to represent these workers. | |
What Appellate Lawyers Want Trial Lawyers to Know Moderator/Speaker: Jamaal (“Jay”) W. Stafford Speakers: Jennifer Bennett & Dara A. Smith In an environment where the decks are often stacked against plaintiffs, at some point you will want to appeal your case. Ensuring that you are preparing for appeal during your initial litigation can make all the difference. From preserving potential appellate issues to early communication with appellate counsel, our panel will share their tips that all trial lawyers should know. | ||
Arbitration Case Study Moderator/Speaker: Brian T. Rochel Speakers: Lori Bullock & Kirby F. Cañon Join our panelists as they break down one of their arbitrations from start to finish. This panel will examine the case step-by-step, explaining the strategies, the successes, and what could have gone differently. This in-depth examination will set you up to succeed at your next arbitration. | ||
12:30–2:00 p.m. | Annual Luncheon & Keynote Address NELA is proud to welcome Ly Xīnzhèn Zhǎngsūn Brown (they/them) as the Keynote Speaker for our 2025 Annual Convention. Ly Xīnzhèn is a writer, public speaker, educator, trainer, consultant, advocate, community organizer and builder, activist, scholar, and attorney. They currently serve as Director of Public Policy for the National Disability Institute (NDI). | |
2:15–3:15 p.m. | Concurrent Sessions | |
Leaning Into AI as a Small Firm or Solo Practitioner Moderator/Speaker: Rachel L. McElroy Speakers: Christopher Houk & Marjorie Mesidor Utilizing AI in your practice can feel daunting as a small firm or solo practitioner. However, effectively (and ethically) incorporating AI in your practice can scale up your practice and help you effectively manage everything from case intake to document review. Our panelists will share how they have utilized AI on a small firm budget to better balance their workload and better represent their clients. | ||
Trial Advocacy/Fundamentals of Employment Law | Jury Instructions & Verdict Forms Moderator/Speaker: Christine T. Elzer Speakers: Kira Fonteneau & Scott M. Pollins Jury instructions & verdict forms are as vital to the success of a trial as any opening statement or cross examination. The structure and language used in these documents can impact how a jury views your case and taking jury instructions & verdict forms into account from the beginning of your case can influence your themes and discovery. Our experts will share their tips for drafting jury instructions and verdict forms, from developing a drafting timeline (based on local rules) and adapting model rules to crafting your instructions to make the stakes of your case clear and concise. | |
The Impact of Criminal Proceedings on Employment Cases Moderator/Speaker: Barbara “Brandi” Cowan Speakers: Ronald L. Greenblatt & Adria Lynn Silva While litigating employment cases, it is not uncommon to encounter issues related to the criminal justice system. From clients experiencing discrimination on the basis of criminal history to clients that file criminal complaints based on workplace harassment or assault, this panel will delve into the Constitutional, ethical, and practical implications of concurrent or threatened criminal proceedings on civil matters. | ||
Protecting Workers in Uncertain Times | Emerging Issues for Immigrant Workers Amid Renewed Workplace ICE Enforcement Moderator/Speaker: Julia Solorzano Speakers: Amal Bouhabib, Marisa Diaz & David Rodwin Dramatic changes in immigration enforcement are making it harder for noncitizen workers to raise complaints about working conditions and wage theft. How can employment attorneys effectively represent immigrant workers right now? What types of immigration relief are still available—and may even derive from the workplace violations at issue? Panelists will discuss current immigration enforcement actions in the context of past actions, counseling noncitizen workers who have faced workplace violations, protecting noncitizen workers who have chosen to assert their rights through civil litigation, making the most of state-law protections, and other issues practitioners may need to responsibly represent noncitizen workers in today's enforcement environment. | |
Practical Wellness for Lawyers Moderator/Speaker: Madison Fiedler-Carlson Speakers: Ting Cheung & Obinna I. Abara Plaintiffs' employment attorneys spend their lives juggling multiple clients who are often facing extreme and traumatic life circumstances, maintaining efficient law practices and hopefully a vibrant social life. In 2025, that balancing act got even harder. Our panelists will address the biggest issues facing attorney wellness and the practical skills you can use to make sure your own oxygen mask is on before helping others. | ||
4:00–5:15 p.m. | Celebrating Progress & Gaining Momentum in Difficult Times Moderator/Speaker: Subhashini Bollini Speakers: Former EEOC General Counsel Karla Gilbride, Merit Systems Protection Board Chair Cathy Harris, EEOC Commissioner Kalpana Kotagal & Former Solicitor of Labor Seema Nanda Join the workers’ rights advocates who made progress and inroads for American workers during their tenures at the EEOC and Department of Labor to discuss the wins they are most proud of, what they see for the future of workers’ rights, and how NELA members can rally during this challenging time in history to protect and advance workers’ rights | |
6:00–7:30 p.m. | Annual Reception: Toasting NELA’s 40th Anniversary Sponsored by Syllo | |
Friday, June 27, 2025 |
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7:00 a.m. | Tobias 5K Run | |
7:30–9:00 a.m. | 2025 Annual Convention Registration | |
8:30–9:30 a.m. | The Tobias Roundtable Breakfast (not eligible for CLE) Moderator: Bruce A. Fredrickson Speakers: Patricia A. Barasch, Carla D. Brown & David L. Lee As NELA celebrates our 40th Anniversary, join our former presidents for breakfast. Hear from this esteemed group of practitioners about their wins, what they have learned, and their hopes for the next generation of plaintiff-side employment lawyers. | |
9:45–10:30 a.m. | Dismantling Barriers to Justice: Updates from the National Institute for Workers’ Rights (not eligible for CLE) Speakers: Abby Frerick, Toni J. Jaramilla & Jason Solomon Join the director of the National Institute for Workers’ Rights (NIWR) and the 2024-2026 Paul H. Tobias Attorney Fellow for an update on NIWR’s ongoing efforts to urge companies to uphold their commitment to expanding workplace opportunities. Learn how plaintiffs’ lawyers can play a pivotal role in defending diversity, equity, and inclusion from ongoing challenges. | |
10:45–12:00 a.m. | Understanding Historical Racism: How to Frame Your Case and Combat Bias Speakers: Sacred Huff & Sherry Soanes In 2025, the intentional effort to ignore the uncomfortable truths of our history has been thrust into the spotlight. Historical and institutional racism have always created disparities in the workplace, and a push to ignore this history is a push to deny these ingrained inequalities. Furthermore, plaintiffs’ employment lawyers will continue to see implicit (and explicit) biases from a variety of stakeholders responsible for the outcome of their cases. This panel will discuss how historical prejudices and biases still impact workers, and how plaintiffs’ employment lawyers can address these issues at every stage of a case to successfully advocate for their clients and address biases. This session will qualify for 1.25 hours of diversity, inclusion and elimination of bias credit. | |
12:30–1:30 p.m. | Concurrent Sessions | |
Fundamentals of Employment Law | Winning Mediation Tactics Moderator/Speaker: Carla D. Brown Speakers: Mark Hanna, Rebecca Peterson-Fisher & Donna Williams Rucker Effective and inventive mediation tactics are vital tools that can often be overlooked in your training. Learn from our experts about how you can make your mediations successful from start to finish. From preparing your client and timing the mediation to understanding the nuances of negotiation, this session will ensure you are prepared for your next mediation. This session is sponsored by Sue Ellen Eisenberg & Associates, PC. | |
Trial Advocacy | Big Verdicts and How to Keep Them Moderator: Ianna Campbell Speakers: Adam W. Hansen & Brian P. Sanford Workers facing illegal workplace actions suffer more than just a loss of income. Often they experience emotional trauma, medical bills, difficulty finding new employment and a slew of domino effects. How do you effectively communicate to the judge and jury what your client is truly entitled to and once you get that number, how do you even keep it? Our trial experts will share their tips for getting big verdicts and, maybe more importantly, making sure those damages actually make it through the appeals process. | |
Representing Federal Workers | Representing Federal Sector Whistleblowers Moderator: Ricardo J.A. Pitts-Wiley Speakers: Kristin D. Alden & Richard R. Renner Federal workers play a vital role in ensuring that other government actors are not violating laws and regulations, committing fraud or waste or even creating dangers to public health and safety. With the upheaval of the federal workforce in 2025, it is likely that an increasing number of federal sector employees will be taking the risk to expose government mismanagement. What protections do federal whistleblowers have? How are federal sector whistleblower cases different from those in the private sector? Our experts will prepare you to take on your next federal sector whistleblower case with confidence. | |
Protecting Workers in Uncertain Times | Representing LGBTQ+ Clients, Cultural Sensitivities, Litigation Strategies and Creative Remedies Speakers: Hayden DePorter, Allegra Fishel & Aniko R. Schwarcz In a time when LGBTQ+ workers are facing increasing threats, plaintiff’s employment attorneys need to be able to work with and effectively advocate for the rights of individual workers who identify as being part of one or more LGBTQ+ communities. Our panelists will discuss the importance of language and cultural nuances when building rapport and trust with your clients, the complexities of representing LGBTQ + clients in litigation, and best practices for educating judges and opposing counsel about the gender identities of clients we represent. Finally, the panel will discuss how lawyers can advocate for and obtain non-monetary remedies that will impact the employee’s workplace culture making it more inclusive of LGBTQ+ workers. | |
Navigating Unique Challenges in Age Discrimination Cases Moderator/Speaker: Michal Shinnar Speakers: Louis Lopez & Michael L. Pitt The ADEA and its case law presents some unique differences from other more traditional federal employment discrimination laws, including coverage, evidentiary proof schemes, and possible defenses. State laws provide even more nuanced interpretations of age discrimination cases. This program will provide a primer for those interested in learning more about the ins and outs of age discrimination, how to build a case, and best practices for navigating distinct issues in litigation. | ||
1:45–2:45 p.m. | NELA Committee & Practice Group Meetings | |
3:00–4:00 p.m. | Concurrent Sessions | |
Fundamentals of Employment Law | A Primer on Bankruptcy for Employment Lawyers Moderator: Matthew Dundon Speakers: Reena I. Desai & Victoria Williamson Panelists will cover the importance of discussing bankruptcy and the potential for bankruptcy as part of a client intake; how to protect and preserve existing claims if a client needs to file (or has already filed) bankruptcy; how to address threats of bankruptcy from a defendant and how to litigate claims against parties in bankruptcy court. | |
Trial Advocacy | Cross Examination Demonstration Moderator/Speaker: Rebecca Rodgers Speakers: Bernard Alexander & Toni J. Jaramilla In this innovative session, our experts will each take turns cross-examining their moderator (turned witness) and breaking down the tactics they are using to get the information they need. This practical session will allow you to witness a real-time cross-examination and learn how you can integrate these techniques into your own trial practice. | |
Litigating Federal Sector Class Action Cases Moderator/Speaker: Heidi R. Burakiewicz Speakers: Marlene A. Laimeche & Kerrie Riggs In the past 6 months, thousands of former federal workers have filed class action lawsuits challenging mass firings and other illegal HR practices undertaken by the current administration. While class actions are allowed under the Merit Systems Protection Board, most federal sector cases in the past have been done on an individual basis. Our federal sector experts will share their expertise on the opportunities, challenges and goals of federal sector class action cases and help prepare attorneys tackling these cases for the first time. | ||
Emerging Trends in Whistleblower Cases Moderator/Speaker: Renée Brooker Speakers: Inayat Ali Hemani, David M. Jochnowitz & Nicolas Mendoza As technology and industries change, so too do the types of whistleblower cases plaintiff’s employment attorneys are seeing. From issues with AI & cybersecurity to financial fraud stemming from rollercoaster tariff policies, our panelists will discuss the issues they see on the horizon for whistleblowers, the whistleblower protection programs you may not have heard of, and how you can be on the forefront of whistleblower litigation. | ||
Transforming the Workplace: AI, Technology, and State Legislation Moderator/Speaker: Shelby Leighton Speakers: Matthew U. Scherer & Christine E. Webber While there is no federal law governing AI in the workplace, many states have been tackling the impact technology has on the workplace. From notifications to workers when AI is in use to liability for AI developers and the businesses that utilize these technologies, states are ensuring that AI simply does not become another tool of systemic discrimination. Our panelists will also discuss other state laws addressing technology in the workplace that you should know. | ||
4:30–5:30 p.m. | Concurrent Sessions | |
Fundamentals of Employment Law | Doing Well While Doing Good Moderator/Speaker: Joseph W. Gibson Speakers: Shoshee Hui & Melissa Pierre-Louis Washington Hanging a shingle or moving up the ranks of a small to mid-size firm can be a daunting task for an attorney at any stage of their career. The idealistic goals of representing harmed workers can feel at odds with the realities of earning a living. How do you determine what cases to take? When and how should you hire staff? What are the biggest challenges, and the biggest benefits, to managing a small or solo law practice? Our panelists have done it and will help you build the confidence you need to do it as well. | |
Arguing & Proving Economic Damages Moderator/Speaker: Anna P. Prakash Speakers: David L Lee & Nora Ostrofe Recovering economic damages from adverse employment actions is one of the fundamental reasons for filing suit, yet attorneys often focus so intently on proving liability that their damages argument takes back seat. This session will provide both new and experienced attorneys with the fundamentals of crafting a damages analysis that is credible, defensible, and understandable to jurors, arbitrators, mediators, and judges. Topics will include how to brief damages interpretations, how to value non-wage damage and crafting discovery to include adequate information for damages calculation. | ||
Using Experts in a Trauma Informed Manner Moderator/Speaker: Sam Wehrle Speakers: Dr. Dawn Hughes, Anne Hunter & Nina T. Pirrotti Workers facing discrimination, harassment, retaliation and assault in their place of employment often have to discuss & relive extremely traumatic events during the course of litigation. In many cases, you may choose to employ witnesses who need to interview your client and testify to the extent and impact of their trauma. Our panel, including Dr. Dawn Hughes, who has testified in hundreds of cases including, the Sean “Diddy” Combs, Harvey Weinstein & Depp v. Heard trials, will discuss how to choose an expert experienced with workplace trauma, support your client during expert interviews and prepare your client to hear about their trauma from a 3rd party during expert witness testimony. By engaging the right experts and facilitating a collaborative experience, advocates can improve their ability to succeed in cases involving traumatic events in the workplace. | ||
Protecting Workers in Uncertain Times | Lessons for Employment Lawyers from Anti-Trans Cases in Other Areas of Law Moderator/Speaker: Andrew M. Adelman Speakers: Lauren A. DiMartino & Joseph Wardenski LGBTQ+ individuals are under attack on multiple fronts, including the workplace. Particularly, the transgender community has faced sports bans and attacks on their health care rose to SCOTUS in Skirmetti, etc. This panel will look at these cases and how we can implement the wins or lessons learned from them into in our own practice representing LGBTQ+ employees. | |
Developing and Sustaining Ethical Client Relationships Moderator/Speaker: Verónica M. González Speakers: Paul H. Merry & Stephen B. Pershing Employment litigators face a myriad of ethical obligations over the life of a case. Our panelists will share bar decisions and practical tips focusing on three areas where ethical challenges can be especially acute: confidentiality and attorney-client privilege (especially in the social media era), divergence of interests between lawyer and client, and withdrawal from representation. The presentation will be followed by interactive discussion. This session will qualify for 1.0 hour of MCLE legal ethics credit. | ||
8:00–11:00 p.m. | NELA’s 40th Anniversary Gala: Party Like It’s 1985! Please join us for this special celebration of our community—together again after three years! The evening includes music, dancing, and other treats. Every Gala attendee will receive two complimentary drink tickets courtesy of Dundon Advisers LLC. Drop in anytime. | |
Saturday, June 28, 2025 |
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7:30–9:00 a.m. | 2025 Annual Convention Registration | |
9:15–10:15 a.m. | Concurrent Sessions | |
Fundamentals of Employment Law | What Employment Lawyers Should Know About ERISA Moderator/Speaker: David Yellin Speakers: Caroline E. Bressman & Scott M. Riemer While most employment lawyers do not specialize in ERISA claims, these issues can have impacts on your client’s case. This session will discuss how to spot ERISA issues in employment cases, including long-term disability, and how to take ERISA benefits into account when negotiating severance agreements or settlements. | |
Trial Advocacy | Demonstratives & Visual Aids for Trial Moderator/Speaker: Ben Lebsack Speakers: Elizabeth “BB” Sanford & Stephanie K. Wood Demonstratives and visual aids at trial can be an effective way to break down complicated topics, engage the jury, and provide a more visceral demonstration of your client’s experience. From the low-tech to the latest in trial technology, our panel will provide examples of how to use visuals and demonstratives effectively and on any budget. | |
Using Innovative State Laws to Advance Workers’ Rights Moderator: Asher Morse Speakers: Max P. Barack, Jacqueline Mendez-Soto & Laura Noble While workers in New York and California have long been able to turn to their state courts for workplace protections that exceed the federal standard, more and more states are joining the ranks. From raising the minimum wage to expanding paid leave statutes, what states are leading the charge on advancing workers rights and how can you encourage your state to do the same? When your state laws are less than innovative, what tactics can you use to move the ball forward for workers’? Our panelists will discuss these important questions and more. | ||
Protecting Workers in Uncertain Times | Representing Employees Doing DEIA Work Moderator/Speaker: Gillian L. Thomas Speakers: Mary E. Kuntz & Audrey Wiggins With the announcement of Executive Orders directly aimed at rolling back crucial programs aimed at promoting diversity, equity, inclusion and accessibility in workplaces and education, both federal and private sector workers are facing threats to their employment. Our panelists are at the forefront of standing up for workers who have made important DEIA work their life and will share their strategies for effectively litigating these cases. | |
Recent Developments in NDAs, Non-Competes and Other Restrictive Covenants Moderator/Speaker: Matthew LaGarde Speakers: Vasu Reddy & Harjeen Zibari With the FTC’s proposed ban on non-compete agreements, states taking aim at NDAs that often hide illegal behavior on the part of employers, and victories for workers challenging unconscionable training repayment programs, restrictive covenants are forefront in the discussion of workers’ rights. This panel will examine the current state of restrictive covenants, how you can utilize new laws and regulations on behalf of your clients, and what the future may hold for this area of the law. | ||
10:50 a.m.–12:40 p.m. | The Year In Review: Significant Developments In Employment Law The 2025 Annual Convention will close with a robust discussion of the employment cases decided by the U.S. Supreme Court during its 2024–2025 term, significant appellate court, legislative, and state law developments, as well as emerging issues in plaintiffs’ employment law. |
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Bernard Alexander, III prosecutes demanding private and public sector employment cases. He has tried over sixty cases to verdict with seven- and eight-figure judgments for claims of discrimination, harassment, and retaliation based on gender, race, age, sex, sexual orientation, and disability, among other things. Over the last 9 months his verdicts include: (1) $3 million for a security guard terminated for “job abandonment” after he took emergency leave from work to care for his school age daughter (February 2018); (2) $5.3 million for a 25-year FedEx employee fired after not having his disability accommodated (March 2019); (3) $1.3 million for CFRA retaliation, for a 29-year employee terminated before his return from leave (April 2019); and $100,000 in a Title IX retaliation case where a Girls’ Soccer Coach complained of unequal treatment compared to boys sports (Sept 2019). Board Member of the National Employment Lawyers Association; Past Chair of the California Employment Law Association; 2016 CELA Joe Posner Award Recipient; 2019 Top 100 Attorneys in California; Top 75 California Labor and Employment Lawyer (2012 to present); Top 100 Southern California Super Lawyers (2015 to present); American Board of Trial Advocates (ABOTA): Associate 2013.