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2015 NJSBA Annual Meeting Dispute Resolution Track EPLI Insurance-How it Changes the Game Co-Sponsored by the Dispute Resolution Section and the Labor and Employment Section Speakers: Hon. Steven C. Mannion United States Magistrate Judge for the District of New Jersey Stacey D. Adams, Esq. Littler Mendelson, PC, Newark Ryan S. Carey, Esq. Arpuzzese McDermott Mastro & Murphy, PC, Liberty Corner N. Janine Dickey, Esq., APM Office of N. Janine Dickey, Bridgewater Ty Hyederally, Esq. Hyderally & Associates, P.C., Montclair Carol F. Laskin, Esq. Office of Carol F. Laskin, Cherry Hill Deborah Reik Esq., Mediator Equal Employment Opportunity Commission, New York Wendy L. Wiebalk, Esq., Litigation Manager Public Entity Join Insurance Fund and Garden State Municipal Joint Insurance Fund, NIP Group, Woodbridge © 2015 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520. The material contained in these pages is for educational purposes only and not intended as a substitute for the professional services an attorney would normally provide to a client, including up to the minute legal research.
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Page 1: 2015 NJSBA Annual Meeting Dispute Resolution Track · 2015. 8. 26. · 2015 NJSBA Annual Meeting Dispute Resolution Track EPLI Insurance-How it Changes the Game Co-Sponsored by the

2015 NJSBA Annual Meeting Dispute Resolution Track EPLI Insurance-How it Changes the Game Co-Sponsored by the Dispute Resolution Section and the Labor and Employment Section Speakers: Hon. Steven C. Mannion United States Magistrate Judge for the District of New Jersey Stacey D. Adams, Esq. Littler Mendelson, PC, Newark Ryan S. Carey, Esq. Arpuzzese McDermott Mastro & Murphy, PC, Liberty Corner N. Janine Dickey, Esq., APM Office of N. Janine Dickey, Bridgewater Ty Hyederally, Esq. Hyderally & Associates, P.C., Montclair Carol F. Laskin, Esq. Office of Carol F. Laskin, Cherry Hill Deborah Reik Esq., Mediator Equal Employment Opportunity Commission, New York Wendy L. Wiebalk, Esq., Litigation Manager Public Entity Join Insurance Fund and Garden State Municipal Joint Insurance Fund, NIP Group, Woodbridge

© 2015 New Jersey State Bar Association. All rights reserved. Any copying of material herein, in whole or in part, and by any means without written permission is prohibited. Requests for such permission should be sent to the New Jersey State Bar Association, New Jersey Law Center, One Constitution Square, New Brunswick, New Jersey 08901-1520. The material contained in these pages is for educational purposes only and not intended as a substitute for the professional services an attorney would normally provide to a client, including up to the minute legal research.

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1

Stacey D. AdamsShareholder

One Newark Center

1085 Raymond Blvd, 8th Floor

Newark, NJ 07102

main: (973) 848-4700

direct: (973) 848-4738

fax: (973) 643-5626

[email protected]

Practice Areas

Discrimination and Harassment

Complex Litigation and Jury Trials

Labor Management Relations

Whistleblowing and Retaliation

Overview

Stacey D. Adams is an experienced litigator who concentrates her practice on the representation of employers in labor

and employment matters before federal and state courts and agencies. Her experience covers a full spectrum of litigation

in both single plaintiff and class action contexts, including:

• Harassment, discrimination and whistleblower lawsuits

• Restrictive covenant, unfair competition and trade secret actions

• Retaliation complaints

• Breach of contract matters

• Wrongful termination claims

Through the effective use of mediation, discovery and motion practice, Stacey has successfully represented

management-side clients through all facets of pre-trial litigation. She has also established an impressive track record for

her clients, both through summary judgment victories and by prevailing at trial and arbitration. In addition, Stacey has a

significant appellate practice - including prevailing before the New Jersey Supreme Court.

Stacey frequently counsels management regarding employment, personnel and human resources issues that arise in the

workplace, offering advice on:

• Drafting and updating personnel policies and employment handbooks

• Hiring and discharge matters

• Reductions-in-force

• Wage and hour questions

• Family and medical leave eligibility

• Disability accommodations

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Stacey D. Adams

2

• Occupational Safety and Health Administration compliance

She provides anti-harassment and diversity training, has conducted numerous harassment investigations, and has

negotiated and prepared employment and separation agreements that range from hiring high-level executives to large-

scale layoffs. Her clients range from Fortune 100 companies to closely-held corporations and public entities.

In law school, Stacey was a member of the Seton Hall Law Review.

Professional and Community Affiliations

• Member, New Jersey State Bar Association

• Member, Federal Bar Association - New Jersey Chapter

• Member, American Bar Association

• Member, Monmouth Bar Association

• Bencher, Sidney Reitman Employment Law American Inn of Court

• Member, National Association of Women Lawyers

• Member, Board of Directors - New Jersey Women Lawyers Association

• Co-director, Women's Leadership Committee - New Jersey Women Lawyers Association

• Member, Women in E-Discovery

Recognition

• Named, Super Lawyer - New Jersey, Super Lawyers, 2015

• Named, The Best Lawyers in America©, 2013-2015

• Named, Rising Star in Labor and Employment Law - New Jersey, Super Lawyers, 2006-2013

Education

J.D., Seton Hall University School of Law, 1998, magna cum laude

B.A., The George Washington University, 1995, magna cum laude

Bar Admissions

New Jersey

New York

Courts

U.S. District Court, District of New Jersey

U.S. District Court, Southern District of New York

U.S. District Court, Eastern District of New York

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Stacey D. Adams

3

Publications & Press

January 23, 2015 The Explosion of Paid Sick Leave In New Jersey Littler ASAP

October 1, 2014 Shopping for a Solution: What Employers Can Do to Prevent and Protect Themselves Against Racial and Ethnic Profiling New Jersey Labor and Employment Law Quarterly

August 18, 2014 Littler Attorneys Included in the Best Lawyers in America© 2015 Edition Littler Press Release

September 30, 2013 A Matter of Time (and Accuracy) Human Resource Executive Online

August 29, 2013 New Jersey Law Penalizes Employers for Failing to Timely Respond to Requests Regarding Unemployment Insurance Littler ASAP

August 15, 2013 Littler Attorneys Named in Best Lawyers in America® 2014 Edition Littler Press Release

September 7, 2012 Best Lawyers in America® Names 164 Littler Attorneys to 2013 Edition Littler Press Release

July 9, 2008 New Jersey Supreme Court Holds Deferred Compensation Plans with Forfeiture Provisions Lawful Littler ASAP

February 14, 2005 Nepotism is Far from Desirable, But Not Illegal New Jersey Law Journal, 179 N.J.L.J. 680

1998 The Rise and Fall of the Entire Controversy Doctrine as Applied to Attorney Malpractice Actions Seton Hall Law Review, Volume 28, No.4

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Stacey D. Adams

4

Speaking Engagements

March 18, 2015 2014 Year In Review and What to Expect for the Remainder of 2015 Littler Mendelson, Short Hills, NJ

March 11, 2015 An Explosion of Paid Sick Leave in NJ Lawline Webinar

November 14, 2013 Affordable Care Act Update and DOMA Next Steps CFO Forum - American Apparel and Footwear Association

October 17, 2013 Conducting Lawful and Effective Investigations Fall Meeting, Human Resources Leadership Council - American Apparel and Footwear Association

August 28, 2013 Exiting Employees: Managing Risks and Implementing Best Practices HR.com Webinar

June 26, 2013 Conducting Lawful Investigations: An Interactive Program for Internal Investigators Littler Mendelson, Newark, NJ

March 6, 2013 Cloudy With A Chance of Liability: Protecting Your Company in an Age of Social Media, Smartphones and Cloud

Computing American Apparel and Footwear Association Webinar

March 6, 2013 Cloudy With a Chance of Liability: How to Protect Your Company in an Age of Social Media, Smartphones and Cloud

Computing Littler Mendelson Webinar

February 27, 2013 Top 10 Human Resource Issues You Need to Know Winter Meeting, Human Resources Leadership Council - American Apparel and Footwear Association

September 19, 2012 Exiting Employees: Managing Risks and Implementing Best Practices Littler Mendelson Webinar

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Stacey D. Adams

5

July 18, 2012 The Employee from Hell Human Resource Roundtable - Commerce and Industry Association of NJ (CIANJ), Englewood, NJ

June 15, 2012 Exiting Employees Center for Competitive Management (C4CM) Webinar

March 21, 2012 The Employee from Hell Littler Mendelson, Newark, NJ

March 3, 2010 Stacey D. Adams to Speak at Morris County Bar Association’s MCLE Seminar MCLE Seminar - Morris County Bar Association, Morristown, NJ

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Ryan S. Carey, Esq. Apruzzese, McDermott, Mastro & Murphy, P.C.

25 Independence Blvd. Liberty Corner, NJ 07938

Ryan S. Carey is a partner of the firm of Apruzzese, McDermott, Mastro & Murphy, P.C. and is admitted to the practice of law in New Jersey and New York and before the Third Circuit Court of Appeals and the United States District Court for the District of New Jersey. His practice is concentrated in the areas of employment law and related litigation and counseling. Representing management in both the private and public sectors, Mr. Carey has successfully handled complex employment-related disputes at the administrative, state court and federal court levels. Mr. Carey’s matters have involved novel and complex issues arising under the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act, Title VII of the Civil Rights Act of 1964 and 1991, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the New Jersey Wage and Hour Law, as well as state contract and tort claims arising in the employment context. A large portion of Mr. Carey’s practice is also dedicated to client counseling to insure compliance with all aspects of employment and labor law. In this capacity, Mr. Carey also prepares and reviews employer handbooks and policies and performs workplace investigations. Mr. Carey is a graduate of The College of New Jersey (B.S. cum laude) and Seton Hall University School of Law (J.D. cum laude). He is a member of the Labor and Employment Law Sections of the New Jersey, American and Somerset County Bar Associations (SCBA). He was elected a Trustee of the SCBA (2014-2016 term) and is presently Co-Chair of the County Civil Practice Committee. Mr. Carey was previously appointed Co-Chair of the SCBA Employment/Labor Law Practice Committee (2013-2014). He is also a Trustee of the Somerset County Bar Foundation, through which he works on charitable initiatives. Mr. Carey is a Master of the Bench of the Sidney Reitman Employment Law American Inn of Court and has authored several articles which have appeared in the New Jersey Labor and Employment Law Quarterly and the Clarion. He is a member of the Society for Human Resource Management. Mr. Carey has also been recognized as a “Rising Star” in Employment and Labor Law by New Jersey Super Lawyers (2012-2014).

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N. Janine Dickey, Esq., APM Accredited Commercial, Business & Employment Mediation 991 US Hwy 22W, Suite 200, Bridgewater, NJ 08807 Tel: 908-295-7900 E: [email protected] Fx: 732-356-0359

2015 James B. Boskey ADR Practitioner of the Year N. Janine Dickey devotes her practice to mediation with a focus on commercial, insurance, business, and employment conflict resolution. With an extensive background in litigation, psychology, and ADR, she brings a valuable depth of skills and diversity of perspectives to effectively serve counsel, corporations, small businesses, non-profits and individuals. PROFESSIONAL CREDENTIALS

• Juris Doctor, Georgetown University Law Center • BA with High Distinction, (Magna Cum Laude) Psychology, University of Virginia • Phi Beta Kappa • Bar Admissions: US Supreme Court; Federal District Court-NJ; New Jersey; New York

• National Academy of Distinguished Neutrals • Accredited Professional Mediator in Business & Commercial Mediation, NJAPM • NJ Supreme Court Committee on Complementary Dispute Resolution • US Federal District Court- NJ, Certified Mediator • New Jersey State Superior Court, Approved Civil Mediator • New Jersey State Bar Ass. (NJSBA)- Dispute Resolution- Chair (former) • NJSBA-Insurance Law; Labor & Employment-member • New Jersey Association of Professional Mediators (NJAPM)

o Employment Mediation Interest Group- Co-Chair (former) o Mediation Apprenticeship Program- Supervisor

• Garibaldi American Inn of Court ADR • Instructor/ Speaker- Conflict Resolution; Mediation & Negotiation Skills; Harassment Prevention

RECENT SPEAKING ENGAGEMENTS & PUBLICATIONS • Mediating Insurance Liability and Coverage Claims. NJSBA Insurance Law & Dispute Res., April 2015 • The Use & [Avoiding] Abuse of ADR in Litigation. 6th Annual Solo & Small-Firm Conf., Feb.-Mar. 2015 • Winning with ADR: Strategies to Successfully Leverage the Tools in the ADR Toolbox. New York State Bar Ass. Oct. 2014 • Negotiating Settlements. NJSBA Annual Young Lawyers Symposium, Sept. 2014 • Insurance Coverage Issues & Underlying Claims: Don’t be Afraid to Mediate!

NJSBA Annual Convention, Atlantic City, May 2014 • Progress on the NJ Mediation Front: Maximizing Benefits to the Judiciary, Litigants & Attorneys.

NJ Law Journal, Mar. 18, 2013 • Maximizing Mediation Benefits for Litigants, Attorneys & Judiciary. NJSBA Mid-Year Conf. Las Vegas,

Oct.2012 • Lessons for All Attorneys from the Mediation Front. NJSBA Annual Convention, Atlantic City, May 2012 • Revised Presumptive Civil Mediation Program: Rule Updates & Practice Tips. SCBA -CLE Day, Feb. 2012 • Ten Tips for Successful Employment Mediation. NJAPM Annual Conf., Nov. 2011 • Establishing Mediator-Attorney Synergy. Mediation News Vol.15, Issue 2, Summer 2011 • Three Golden Rules for Successful Commercial Mediation. NJAPM Advanced Mediation Training, Mar. 2011 • Advocates’ & Mediators’ Checklists for R.1:40 Mediations. Dispute Res.-Whitepaper Cmtee, Feb. 2011

PROFESSIONAL WORK EXPERIENCE • Legal & Mediation Offices of N. Janine Dickey, Esq., APM, Bridgewater, NJ (Current) • Life-Prints Solutions, LLC, Charlotte, NC, General Counsel & NJ Operational Director • Wolff & Samson, PC, West Orange, NJ • Cole, Schotz, Meisel, Forman & Leonard PA, Hackensack, NJ

CIVIC SERVICE • Bridgewater Township, NJ, Municipal Planning Board- former • Bridgewater Township Municipal Complex Advisory Cmtee -former • Bridgewater-Raritan Council of Schools; Executive Board, Legislative Advisor- former • Liberty Corner Presbyterian Church, College of Elders

ORGANIZATIONS AND SOCIETIES • University of Virginia Alumni Association; Rotunda Society • Georgetown Alumni Association

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Ty Hyderally, Esq Ty Hyderally is the Owner of Hyderally & Associates, P.C. located in Montclair, New

Jersey and New York, New York. He has been included in the Top Ten Leaders of Employment Law in Northern New Jersey and concentrates on Employment Law. The Firm takes pride in aggressively and efficiently litigating to protect the rights of their clients whether the party on the other side is a small company or a mega corporation of over 10,000 employees. This firm follows two mantras: ferocity and velocity.

Additionally, Mr. Hyderally has conducted arbitrations before the American Arbitration Association the New York Stock Exchange, and the National Association of Securities Dealers, Inc.; has litigated in California, Texas, and Arizona; has served as a Judge in National Employment Moot Court competitions; and litigated national employment class actions.

Mr. Hyderally is admitted before the New Jersey State and Federal Courts, the New York Federal Courts (Southern and Eastern District), the United States Supreme Court, the US Court of Federal Claims and the Court of Appeals for the Armed Forces. He was elected to the Executive Board of the National Employment Law Association (New Jersey) and was appointed as its President. He currently serves as the Chairperson of the New Jersey Employment Law Seminar. Further, he is a member of the New Jersey Bar Association (Employment Section) and the American Bar Association (Labor and Employment Section).

In May 2005, Mr. Hyderally was nominated to serve as the Co-Chairperson of the Trial Litigation Sub-committee of the American Bar Association's Labor and Employment Litigation Section. This nomination is a significant honor, as the Trial Litigation Sub-committee is considered one of the most significant sub-committees of the Employment Litigation Section. This nomination demonstrates Mr. Hyderally's commitment to trial litigation and reflects how he is viewed by other seasoned national litigators who nominated him to this position of Co-Chairperson.

Mr. Hyderally has served as a featured speaker at national and New Jersey seminars to attorneys, human resources professionals and corporate officers on such subjects as employment law, sexual harassment, workplace torts, the Americans with Disabilities Act, and the Family Medical Leave Act. He has published employment opinions before the New Jersey Supreme Court on the issue of Sexual Harassment (LAD) and Whistleblower (CEPA).

Mr. Hyderally's prior employment history includes working as a Criminal Trial Lawyer in the Judge Advocate General's Office of the US Navy, working in a boutique employment litigation firm in Pensacola, FL that specialized in federal court litigation, and working as an employment litigator on the plaintiff's side at Davis, Saperstein & Salomon, PC and Kievit, Kelly & Odom and on the defense side at Friedman & Siegelbaum, LLP, Roseland, NJ and Jackson, Lewis, Shnitzler & Krupman, Morristown, NJ.

Mr. Hyderally received his JD from the University of California (Boalt Hall), Berkeley, CA and his B.A. with Departmental Honors from Johns Hopkins University, Baltimore, MD.

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FEB 2015

Hon. Steven C. Mannion, U.S.M.J. U.S. District Court, District of New Jersey

Steve Mannion was appointed a U.S. Magistrate Judge for the United

States District Court, District of New Jersey in 2012. Judge Mannion

earned his bachelor’s degree from Gettysburg College in 1990 and his

juris doctorate from Seton Hall Law School in 1993.

His career began as a Law Clerk to the Honorable James H. Coleman,

Jr. in the New Jersey Superior Court, Appellate Division. Judge

Mannion then practiced law for eighteen years in the private and public

sectors. He became a partner at DeCotiis FitzPatrick & Cole, LLP in

2001 where he represented corporate, government, and individual clients

in civil and criminal cases before federal and state trial and appellate

courts.

Judge Mannion’s public service included appointments at the federal, state, county, and

municipal levels. He served as Chairman of the New Jersey Supreme Court’s Advisory

Committee on Professional Ethics and as a member of the New Jersey Supreme Court’s

Professional Rules Responsibility Committee. The Judge also served as Essex County Counsel,

General Counsel for the South Orange Parking Authority, an Assistant Essex County Counsel,

and an Assistant Corporation Counsel for the City of Newark.

The Judge has also provided an aggregate of 15 years of military service in the U.S. Coast Guard

Reserve (USCG), the U.S. Marine Corps Reserve (USMC), the New Jersey Naval Militia, and

the New Jersey State Guard. He is a Lieutenant Commander (Select) assigned to the USCG’s

Deployable Specialized Forces. His individual military awards include the USCG Boat Force

Operations Insignia, USCG Commendation Medal, U.S. Army (USA) Commendation Medal,

New Jersey Commendation Medal, USCG Achievement Medal, USA Achievement Medal,

USCG Commandant’s Letter of Commendation, USCG Rifle and Pistol Sharpshooter Ribbons,

USMC Pistol Expert Badge, U.S. Navy Pistol Expert Medal and Rifle Sharpshooter Ribbon, and

USA Pistol Expert Badge and Rifle Marksman Badge.

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Deborah Reik, Esq., Mediator Deborah Reik has been employed by the U.S. Equal Employment Opportunity Commission for more years than she cares to admit. She was an Appellate Attorney at the EEOC in Washington D.C., a trial attorney in the EEOC New York District Office, and since 1998, a mediator in the Alternative Dispute Resolution Unit in the New York District Office. In her capacity as a mediator, Ms. Reik estimates that she has mediated more than 2,000 cases. As a mediator, she resolves disputes brought under the laws the EEOC administers: Title VII of the Civil Rights Act of 1964, as amended, The Age Discrimination in Employment Act, and The Americans with Disabilities Act. The EEOC offers early mediation, generally right after the charge has been filed. There is no charge for this service. Cases are mediated throughout the EEOC New York District, which includes all of New York State, the New England States, and the northern half of New Jersey. Ms. Reik has won several awards as a mediator, including the Federal Executive Board Distinguished Government Service Award in 2014, EEOC Sustained Performance Award in 2011, New York Federal Executive Board Alternative Dispute Resolution Award in 2005, the Congressional Certificate of Achievement, the Director’s Award in 2003, and the Special Achievement Award in 2007. She is a certified mediator through the NYU Employment Law and Mediator Skills Training in 2001. In addition to mediating at the EEOC, Ms. Reik is on the panel of mediators for the U.S. District Court in the Eastern District of New York and the American Arbitration Association panel for Hurricane Sandy mediations. In October 2013 she received an Edmund Muskie Fellowship to present a series of workshops on mediation in the Ukraine. She is a graduate of Case Western Reserve University, magna cum laude, and the University of Connecticut Law School. She is a member of the Connecticut and New York State Bars.

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Wendy L. Wiebalk, Esq. Assistant Vice President, Litigation Management NIP Captives 900 Route 9 North-Suite 503 Woodbridge, NJ 07095-1003 Wendy Wiebalk currently serves as the Assistant Vice President, Litigation Management for both the Garden State Municipal Joint Insurance Fund and the Public Entity Joint Insurance funds, both captives of NIP Group, Woodbridge, NJ. Prior to accepting her current position, Wendy practiced law for over 20 years and has been certified by the New Jersey Supreme Court as a Civil Trial Attorney. During her litigation career, she tried more than 50 cases to verdict on a broad range of causes of action including professional malpractice, toxic torts, election law, land use, automobile negligence and premises liability.


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