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Description
The perceived economic disparity between the companies which serve as employers and the employees themselves often create an inherent bias against the employer at trial when the jury turns to its damages analysis during deliberations. In those jurisdictions where it is permitted, the employee’s attorney will try to present evidence regarding management's compensation and company's revenue in an effort to encourage juries to grant emotional distress or punitive damages.
Employment counsel defending discrimination and retaliation lawsuits must determine their client's exposure and understand how to evaluate the evidence supporting a plaintiff's damages claim. Counsel will have to tailor specific strategies to address the current environment—with unemployment rampant and the employee’s ability to mitigate her damages far more challenging.
Listen as our authoritative panel of employment litigators examines recurring damages issues in discrimination and retaliation lawsuits and provides strategies for defending against and mitigating damages awards.
Presented By

Ms. Kappelman began her practice as a commercial litigator, but since the 1990s, her practice has focused on employment litigation, trials, class action discrimination cases, noncompetition, and trade secrets disputes. She has handled multiplaintiff and class action trials, as well as single-plaintiff trials and arbitrations in state and federal courts all across the country.

Mr. Spiggle founded Spiggle Law to help individuals facing difficult workplace issues. As a former prosecutor with significant experience in high-level criminal cases, he is also uniquely qualified to represent individuals subject to workplace investigations and criminal prosecutions.

Ms. Turner is an active partner with the Employment, Labor and Life, Health, Disability & ERISA practice groups and one of the national leaders of the Firm’s Cannabis, Hemp & CBD practice group. She represents clients in Washington and Oregon and is a Co-Managing Partner of the firm’s Seattle office. Ms. Turner's Employment and Labor practice focuses on employers and includes a hybrid of counseling and litigation. She is an experienced litigator who has represented and defended employers in matters involving claims for wrongful discharge, discrimination, harassment, retaliation, privacy, defamation, ADA, leave and benefits, breach of contract, violation of non-competition and non-solicitation agreements, and wage and hour. Ms. Turner practices in both Washington and Oregon’s state and federal trial and appellate courts, and her practice includes arbitrations before American Arbitration Association and Judicial Arbitration and Mediation Services. She also has experience representing clients before federal and state agencies including the National Labors Relations Board, Equal Employment Opportunity Commission, Department of Labor, Department of Health, Washington’s Labor & Industries, Washington’s Human Rights Commission, Employee Security Department, Seattle Office of Civil Rights, Oregon’s Bureau of Labor and Industries, and other state and local administrative agencies.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
Date + Time
- event
Tuesday, July 7, 2020
- schedule
1:00 p.m. ET./10:00 a.m. PT
Outline
- Recurring damages issues in the current labor market
- Sympathetic jury
- Calculating front pay awards
- Emotional distress damages
- Punitive damages
- Statutory attorney fees and tax consequences
- Strategies to mitigate and defend against damages awards
- During litigation
- During settlement
Benefits
The panel will review these and other vital questions:
- How are judges and juries determining front pay awards in discrimination and retaliation cases in light of the current economic market?
- What evidence is critical to defending against claims of emotional distress and punitive damages?
- What strategies have been most effective for employment counsel for mitigating damages issues during trial or settlement proceedings?
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