FN-28764 MN-28764 LN-28764, Esq.
Attorney
Denver, Colorado
McNamara & Shechter LLP - Partner
Attorney
Owner/Shareholder, McNamara & Shechter/McNamara & James P.C./McNamara Roseman & Shechter LLP, 1995 - Present; General Counsel UFCW Local 7, 2016-2021(Retired); Shareholder, Robinson Waters D'Orsio & Rapson, 1984 - 1994; Litigation Associate, Atler Zall & Haligman, 1980 - 1984.
Practiced in the area of employment law for approximately 42 years, litigating, arbitrating and mediating employment related issues. Lectured locally and nationally on innumerable occasions with regard to employment law issues. Served as lead counsel in the largest age discrimination case ever brought, and successfully resolved, in the State of Colorado. Secured one of the largest ERISA judgments ever entered in the State of Colorado and also secured the first race discrimination judgment for failure to grant a franchise against the largest real estate franchise organization in the world. Served as co-counsel in an over 400 class action matter alleging age and ERISA benefits discrimination, which settled. Recently served as co-counsel in another multimillion-dollar ERISA class action recovery and as counsel in a $1.3 million settlement in an equal pay/retaliation case, as well as a class action alleging violations of the Rehabilitation Act which settled for $3.8 million. Ten recoveries in excess of one million dollars. Litigation experience includes numerous class actions and multi-plaintiff cases, sex, race, age, and national origin discrimination; sexual harassment; FLSA; ERISA; employee compensation and contract issues, including severance and executive compensation; covenants not to compete; trade secret disputes; and the full panoply of all employment related litigation, arbitration, and mediation disputes. Have actively litigated, from the defense perspective, all of the above areas of expertise over the course of my career. At one point in time my emphasis was primarily defense work and at other times primarily plaintiff's work.
Mediated more than 100 employment disputes. Served as a mediator in multiple race discrimination disputes, wrongful discharge in violation of public policy and/or wrongful discharge disputes, ERISA disputes, sex discrimination claims, sexual harassment claims, ADA claims, FLSA collective action cases and severance/breach of contract claims. These disputes have ranged between $60,000 and several million dollars.
The ERISA issues ranged from failure to honor severance policies to issues revolving around benefit package disputes, including disability claims. The race discrimination claims revolved around either a failure to promote or termination disputes. The sex discrimination and sexual harassment claims revolved around either hostile work environment circumstances or termination disputes. The ADA claims revolved around failure to accommodate FLSA claims were representative /collective actions. Have also handled franchise disputes.
My approach to my services as a mediator is that I take a very active role in the mediation process. I do not view my role as simply a go-between of the parties, but rather as an active participant in the process. As such, the parties can expect objective and candid assessments of the respective strengths and weaknesses of their cases. I firmly believe a mediator needs to be creative. Simply reciting the perils and risks of litigation is scarcely sufficient to fulfill the role of a successful mediator. At times, when the parties may be at an impasse, with the parties' agreement, I may suggest a "mediators number" which is typically a range within which I believe settlement should occur. I am a strong believer in detailed mediation statements, since I believe a successful mediator must understand the facts, the law and the emotions driving the respective positions.
St. John's University (JD-1979); Chaminade University (BA-1974).
Admitted to the Bar: Colorado (1980), New York (1980); U.S. District Court: District of Colorado; U.S. Court of Appeals, Tenth Circuit (1980).
American Bar Association; Federal Bar Association; Colorado Bar Association (Labor Law Committee, Past Co-Chair).
Co-author, "FEDERAL EMPLOYMENT JURY INSTRUCTIONS," James Publishing, 1999, supplements 2000-2012; "Practitioners Guide to Colorado Employment Law," CLE 2004-2012; chapter co-author, "Go the Distance-Maximizing Your Recovery of Attorneys Fees and Costs," TRIAL TALK, 1998; "Recent Developments in the Law of Wrongful Discharge," COLORADO LAWYER, 1983. Numerous speaking engagements and other publications. Please contact the AAA case manager if you require complete information regarding publications and activities.
Colorado and North Carolina
$425 Per Hour
English
United States of America
Denver, CO
The AAA’s Rules provide the AAA with the authority to administer a mediation including, mediator appointment, general oversight and billing. Accordingly, mediations that proceed without AAA administration are not considered AAA mediations, even when the parties select an mediator who is on the AAA’s Roster.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
The information contained in this resume has been supplied solely by the individual mediator and may, or may not, be a complete recitation of their experience. The AAA assumes no responsibility for the content, completeness, accuracy, or reliability of the information contained in a mediator’s resume. If you have any questions about a mediator’s experience or background, you are encouraged to contact your case manager.
Mediators on the AAA Roster are not employees or agents of the AAA.
