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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Tuesday, July 7, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$297.00

This course is $0 with these passes:

CLE
ALL

This CLE course will provide tips and tricks for employment litigators on how to defend against and mitigate damage awards in discrimination and retaliation lawsuits. The panel will discuss the recurring issues that arise during employment trials and the unique challenges in the current economic climate.

Faculty

Lynn A. Kappelman
Partner
Seyfarth Shaw LLP

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.

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Dawn Soloway
Miscellaneous
J. Thomas Spiggle
Owner
The Spiggle Law Firm, PLLC

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.

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Sarah N. Turner
Partner
Gordon Rees Scully Mansukhani, LLP

Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment, retaliation, invasion of privacy, defamation, and wage and hour suits in state and federal courts. She counsels, trains, and represents clients on a broad range of employment law issues, including hiring, review, and termination procedures; workplace investigations; discrimination, harassment, and retaliation issues; wage and hour law and FMLA issues. Ms. Turner also drafts and updates personnel policies, workplace privacy issues, employee handbooks, drug and alcohol policies, employment agreements, trade secret issues, and non-competition agreements.

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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.

Outline

  1. Recurring damages issues in the current labor market
    1. Sympathetic jury
    2. Calculating front pay awards
    3. Emotional distress damages
    4. Punitive damages
    5. Statutory attorney fees and tax consequences
  2. Strategies to mitigate and defend against damages awards
    1. During litigation
    2. 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?