Litigating Damages in Employer Discrimination and Retaliation Cases: Mitigating and Defending Damage Awards
Recording of a 90-minute CLE webinar with Q&A
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.
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?
Faculty
Lynn A. Kappelman
Partner
Seyfarth Shaw
Ms. Kappelman began her practice as a commercial litigator, but since the 1990s, her practice has focused on employment... | Read More
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 R. Solowey
Senior Counsel
Seyfarth Shaw
Ms. Solowey represents employers in employment litigation, with a particular focus on trials and appeals. She also... | Read More
Ms. Solowey represents employers in employment litigation, with a particular focus on trials and appeals. She also advises them on compliance with the complex web of intersecting employment laws.
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J. Thomas (Tom) Spiggle
Owner
The Spiggle Law Firm
Mr. Spiggle founded Spiggle Law to help individuals facing difficult workplace issues. As a former prosecutor with... | Read More
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
Ms. Turner's litigation experience includes defending employers in wrongful discharge, discrimination, harassment,... | Read More
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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