This program, jointly presented by a neutral and an advocate, will provide a practical review of the benefits and pitfalls of Alternative Dispute Resolution (ADR) geared to both private practice and in-house attorneys. In the first of two segments, this course will focus on the differences between arbitration and mediation, which kinds of businesses and matters are best resolved via ADR as opposed to litigation, and whether an ADR provision should be included in a potential agreement.
Michael is a Partner in the Firm's Employment & Labor and Litigation Practice Groups.
Michael has extensive experience counseling and representing employers in employment discrimination and other labor and employment issues before Federal Courts, State Courts, Administrative Agencies and Arbitration Panels. Michael also has extensive litigation experience representing businesses in connection with trade secret, unfair competition, dissolutions and other commercial matters. In addition, Michael has unique knowledge regarding the use of electronic data in modern litigation.
Michael's successes include obtaining an award of compensatory damages, punitive damages, attorneys' fees and costs in an unfair competition litigation where, among other things, Michael persuaded the Court to order electronic discovery of defendants' computers in a case of first impression which resulted in the Court finding an adverse inference ruling.
In addition to advising clients with respect to commercial, corporate and other matters, Michael regularly counsels clients concerning separation of employment, reductions in force, leave policies, computer policies, personnel practices, wage hour, union representation elections, collective bargaining, strikes, picketing, OSHA and other matters. Michael's clients include technology, communication, healthcare, securities, construction, manufacturing, not for profit, real estate, food service and transportation businesses.
Michael has represented employers in connection with investigations, charges, hearings, complaints and appeals before Federal and State Administrative Agencies including but not limited to the National Labor Relations Board, the Equal Employment Opportunity Commission, the New York State Division of Human Rights, the New York City Commission on Human Rights, the United States Department of Labor, the New York State Department of Labor and the New York State Workers Compensation Board.
Michael drafts employment handbooks, employment agreements and separation agreements affecting thousands of employees throughout the country and provides management training for both large and small companies.
Michael also counsels and represents insureds and insurance companies in connection with employment practice liability matters.
Michael regularly teaches continuing education courses and lectures to professional groups and the business community concerning employment and electronic data issues.
Michael previously worked at the National Labor Relations Board where he investigated unfair labor practice charges and conducted union representation elections. Michael also served as a clerk for the Chief Administrative Law Judge for the Regional Office of the Equal Employment Opportunity Commission.
Loretta Gastwirth is a seasoned litigation partner and chair of the Alternative Dispute Resolution practice group at Meltzer, Lippe, Goldstein and Breitstone, LLP, involved in commercial, contract, insurance, intellectual property, trade secrets, securities, employment, business ownership, construction and Indian Gaming law litigation, arbitration, mediation and appeals. Long Island Business News has recognized Loretta as one of the Top 50 Business Women on Long Island in 2005 and 2013 and “Who’s Who” in Women Professional Services in 2010. In 2018, Loretta was honored by the Long Island Press as a Long Island Power Woman in Business.
Loretta has become well known for her work in mediation and arbitration – i.e., alternative dispute resolution. She serves as an arbitrator on the prestigious Commercial and Construction Arbitration Panels of the American Arbitration Association since 2005, determining construction and commercial matters in various industries including complex matters involving oil and gas, brokerage, software and manufacturing industries.
Loretta is also a Certified Mediator for the New York State Supreme Court with additional qualifications in commercial disputes. She serves on the Panel of Mediators for the American Arbitrators Association, the New York, Nassau, Westchester and Queens County Court Commercial Divisions, and the Nassau County Bar Association Panel of Arbitrators and Mediators.
Loretta has provided continuing education lectures to attorneys on mediation and arbitration. Loretta’s “inside” experience as an arbitrator and mediator has enabled her to provide invaluable insight to her clients who are involved in arbitration, trials and mediation. Loretta has arbitrated and mediated cases on behalf of her clients in many venues and before many domestic tribunals, most often the AAA and FINRA, as well as international tribunals.
Loretta started her career at Simpson, Thacher & Bartlett, litigating large securities fraud matters. She moved to a premiere entertainment litigation firm, representing such clients as Mick Jagger, Luther Vandross and Leona Helmsley, and later left Manhattan to join Meltzer Lippe in 1993. Loretta was a Notes and Comments editor for the Cardozo Law Review, graduated magna cum laude from both Cardozo Law School and SUNY Albany, School of Business and clerked for U.S. District Judge Jerry Buchmeyer in Dallas, Texas, who was voted Best District Judge by the American Law Journal her clerkship year.
Loretta’s commercial litigation often involves high technology and intellectual property cases, including a large international telecommunications arbitration representing the government of Taiwan, software infringement, development and implementation cases for private as well as publicly traded companies and copyright and trademark infringement and unfair competition cases for Ross Perot, book publishers, the manufacturer of Red Stripe Beer, an airplane motor parts manufacturer and distributor of commercial washers and dryers. She has also developed an expertise in Indian Gaming law representing a developer and manager of an Indian casino in actions against an Indian tribe and a major gaming company and a number of important Indian gaming law decisions were issued in her cases. Her commercial litigation experience is varied, encompassing actions involving breach of contract, trade secrets, construction matters, insurance, zoning law, equipment leasing, securities, licensing disputes, partnership, member and shareholder disputes, derivative and dissolution actions and proceedings, petroleum pollution, wetlands issues, employment matters and intellectual property litigation. The firm’s clients are often confronted with employment issues and Loretta has counseled and successfully defended them before agencies, courts, arbitration panels and mediators. She is experienced in matters involving defamation claims, trade secrets, covenants not to compete or solicit, qui tam whistleblower cases, discrimination claims and compensation claims, including those of highly compensated employees.
Loretta is the chair of the Executive Committee of the Cardozo Alumni Association, consisting of 14,000 alumni. She is Co-Chair of the Cardozo Long Island Alumni Club, is active in the Red Ground Civic Association and plays golf with the Executive Women’s Golf Association of Long Island. She is also a member of the ABA and Nassau County Bar Association where she is a former chair of the ADR Committee and currently serves on the Advisory Council for its Mediation and Arbitration Panels. The author of “Words of Wisdom: Getting the Best Results in the ADR Process”, “Despite ADR Consent, IP Cases End Up In Court,” “Beware of Ideas,” “Preventing Inevitable Disclosure of Internet Company Trade Secrets,” “The Benefits of Arbitration are Many; Shouldn’t be Dismissed,” and “To ADR or Not to ADR: That is the Question,” many of Loretta’s cases have also been featured in the New York Law Journal and Long Island Business News.
Brooklyn born Loretta, and her husband, Lenny, a tax accountant and Bronx native, live in East Hills where they have volunteered a great deal of time to school, community affairs, local charities and sports programs. Lenny & Loretta are proud parents of their sons, Paul and Brian Rogofsky, graduates of The Wharton School of the University of Pennsylvania.
Excellent! So practical and I appreciate the handouts and example clauses Thanks
Enjoyed the interaction/conversation between the two, especially male and female, with the questions interspersed. Easier to follow than one person talking.
Clear, engaging and forthright instructors - enjoyed it.
Excellent. Very informative.
This was an extremely well though-out and well-paced course!
This is the first 2 person panel that I have seen. I found the CLE more enjoyable and more informative with perspectives from both of them about the ADR. Very interesting. I am looking forward to part 2.
well done. every deal lawyer should listen this
I learned a lot from the program. It was good for a beginner to the subject.
excellent. a highly useful program and very good counselors/instructors shall definitely take part 2.
Relevant, practical, substantive
As a long term Mediator, this was informative and useful in my mediation practice.
Could have covered in probably half the time
Riveting presentation by two energetic, highly knowledgeable and very experienced professionals. As a litigator who has served on many, many ADR panels in various fora over the last 40 plus years, I truly appreciate the clear, pointed and compelling presentation. Thanks!
Great presentation. Really enjoyed the interaction between the presenters and appreciate the opportunity to learn from the experience of these widely respected attorneys.
Really explained well!
One of the best presentations. I enjoyed the back and forth and the strong direction provided.
Excellent presentation. Informative and interestingly presented.
Enjoyable, informative presentation; very useful course materials.
As a senior in-house counsel for a Fortune 500 company, I found the presentation very beneficial. Very engaging and informative CLE.
insightful and well organized
Detailed and great team.
Excellent and very very useful
Excellent. Loved the conversational approach. Extremely experienced presenters. Lots of information.
Topic well presented by knowledgeable and experienced presenters. Thanks.
I enjoyed the two speaker format.
Very well presented. On to part 2.
Two of the best presenters you have ever had. Can't rate them high enough.