SUPERINTENDENT AND EXECUTIVE LEADER SEMINAR SERIES Education and Employment: Legal Issues, Trends, and Cases SPEAKER BIOS co-sponsored by the University of Delaware’s Institute for Public Administration and Delaware Academy for School Leadership Speaker Bios Joseph R. “Beau” Biden, III Attorney General State of Delaware Delaware Attorney General Beau Biden’s career in public service began shortly after graduating from the Syracuse University College of Law with a clerkship under Judge Steven McAuliffe of the United States District Court in New Hampshire from 1994 to 1995. Beau then joined the United States Department of Justice, where from 1995 to 1997 he served as Counsel in the Office of Policy Development, working on a variety of issues, including those related to the Brady Handgun Violence Prevention Act, the Violence Against Women Act, and with regard to missing and exploited children. General Biden then served as a Federal Prosecutor in the United States Attorney’s Office in Philadelphia from 1997 until 2002. In 2001, Beau served as Interim Legal Advisor for the United States Department of Justice in post-war Kosovo, helping the war-torn nation develop a law enforcement and criminal justice system. From 2002 to 2006, Beau worked in private practice. Beau proudly serves as a captain in the Delaware Army National Guard and recently returned from a year-long deployment supporting Operation Enduring Freedom in Iraq. His unit, the 261st Theater Tactical Signal Brigade, was deployed in October 2008 and returned home in September 2009. Beau was elected Delaware’s 44th Attorney General in 2006 and took office in January 2007. As Attorney General, protecting the most vulnerable among us—especially children—is Beau’s top priority. That’s why he created the Child Predator Unit within the Department of Justice, and the Child Predator Task Force in partnership with 43 law enforcement agencies across the state. Dedicated to keeping kids safe in their homes, in the community, and online, the Task Force has led hundreds of investigations since its inception, and has delivered a message of Internet safety to over thirty thousand students throughout Delaware. Beau also successfully pushed for tough new mandatory prison sentences for child predators and distributors of child pornography. Robert Bambino, CPCU, ARM Senior Vice President, Risk Management Wright Risk Management Bob is in charge of Wright Risk Management’s risk-management and loss-prevention department. He has over 30 years experience in risk management, training, coverage analysis and claims management. Bob manages a staff of 15 highly experienced lossand risk-control professionals. In his capacity, he has spearheaded many innovative programs to help his clients control risk for many types of exposures, including comprehensive programs addressing employment practices liability, premises liability, fleet operations, security claims, and recreational liability. Bob and his staff have written handbooks addressing employment-related practices, student travel, and risk transfer. Bob is an instructor at Hofstra University (Hempstead, N.Y.), where he teaches insurance and risk-management courses in the Center for Continuing Education and Professional Advancement (CCEPA). He is also the coordinator of the CPCU program at CCEPA. Bob received his B.S. degree from Hofstra and his Chartered Property Casualty Underwriter and Associate in Risk Management designations from the American Institute for CPCU – Insurance Institute of America. He was recently recognized as an Outstanding Course Leader by the Institutes. 1 Speaker Bios Bob has made dozens of presentations for various organizations around the country, including the Public Entity Risk Management Association (PERMA), National Business Officers Association (NABO), Nonprofit Risk Management Center, and the International Association of School Business Officials (ASBO). He has written over 20 articles for various journals, most recently for the Loss Control Interest Group of the CPCU Society. William W. Bowser, ESQ. Partner Young Conaway Stargatt & Taylor, LLP Bill represents both private and public employers in labor negotiations, union campaigns, binding-interest arbitration, and employment discrimination and wrongful-termination lawsuits. Bill regularly represents employers in administrative proceedings before the NLRB, the Delaware PERB, the EEOC, the Delaware Department of Labor, and other government agencies. Bill also regularly counsels employers on issues relating to employment agreements, restrictive covenants, trade-secret agreements, employee discipline and termination, and the FMLA and ADA. He assists employers on avoiding litigation by developing effective employee handbooks, policies, and procedures, and he provides training to in-house counsel, human-resource professionals, supervisors, and employees. Bill was selected by Best Lawyers in America© as the 2012 Delaware Management Labor Lawyer of the Year. He is also listed as a top employment lawyer in the 2011 edition of Chambers USA: America’s Leading Lawyers for Business. As an editor of the Delaware Employment Law Letter, Bill has written dozens of articles on labor and employment law. Bill is a frequent speaker on labor and employment law in Delaware and across the country, including the annual meeting of the Delaware SHRM and the National Public Employment Relations Association (NPELRA). Bill received his J.D. degree cum laude from Villanova University. He is a member and past chair of the Delaware State Bar Association’s Section of Labor & Employment Law and is treasurer of the Candlelighters Childhood Cancer Foundation of Delaware. Since 2000, Bill has served as the Governor-appointed Chair of the Delaware Cancer Consortium. Margaret M. DiBianca, ESQ. Associate Young Conaway Stargatt & Taylor, LLP Margaret (Molly) M. DiBianca maintains a legal practice consisting of equal parts litigation and client counseling. She represents employers in a variety of industries in employment-rights claims, discrimination matters, and equal-employment disputes at the state and federal court level. She defends employers against claims brought by former and current employees and assists employers seeking to enforce restrictive covenants. She assists clients with internal investigations, wage-and-hour reviews, and employment-practices audits. Molly also counsels employers in the facilitation of reasonable accommodations and strategies for compliance with federal leave laws. 2 Speaker Bios Training is an integral component of Molly’s preventative-practices philosophy. As part of that philosophy, Molly presents customized training to managers and executives during on-site seminars and workshops. She is a frequent speaker and teaches best employment practices to human-resource professionals, executives, and in-house counsel. When she is not speaking to a live audience, Molly carries her message to audiences across the country as editor of and primary contributor to the Delaware Employment Law Blog. Molly is a monthly contributor to the Delaware Employment Law Letter, the only monthly newsletter exclusively for Delaware employers. Molly received her J.D. degree magna cum laude from Villanova University and is a member of the American Bar Association, the Delaware State Bar Association’s Employment Law Section, the Delaware State Bar Association’s Women & Law Section, the Federal Bar Association’s Delaware Chapter, the Delaware State Bar’s Board of Bar Examiners, the Delaware Bankers’ Association’s Human Resources Committee, and the Delaware State Chamber of Commerce. Allyson Britton DiRocco, ESQ. Associate Morris James LLP Allyson B. DiRocco focuses her practice on employment law, education law, and professional-liability litigation in state and federal courts. In her employment counseling and litigation practice, she defends the interests of employers in allegations of discrimination, wrongful discharge, and constitutional claims in the case of public employers. In her education law practice, Allyson provides counsel to private and public schools regarding matters such as benefits, employment and student/parent matters. In Allyson’s professional liability litigation practice, she represents the interests of Delaware healthcare providers and professionals in general matters. Allyson joined Morris James LLP in 2007. She graduated cum laude from Widener University School of Law. She clerked for The Honorable Myron T. Steele of the Delaware Supreme Court in 2006-2007. Allyson received her B.S. in psychology from Washington College in 2002. In 2009 Allyson was named in the Delaware Volunteer Legal Services Pro Bono Honor Roll for her volunteer work for The Office of the Child Advocate, Delaware, as guardian ad litem on behalf of abused and neglected children. She is also an executive committee member for Girls, Inc. of Delaware and is the Chair of the Professional Networking Group of Girls, Inc. of Delaware. Allyson is the Vice Chair of the Labor and Employment Law Section of the Delaware Bar Association. James H. McMackin, III, ESQ. Associate Morris James LLP In his employment, education and governmental relations law practice, Jim primarily appears before members of the Delaware court, arbitrators, and administrative bodies. He frequently counsels and represents clients on matters involving enforcement of 3 Speaker Bios non-compete agreements, defending clients in suits alleging discrimination and retaliation, and enforcing and defending contractual obligations. In addition to counseling clients in litigation, Jim frequently serves as primary counsel in matters concerning negotiating and drafting contracts; representing clients before various administrative bodies, including the Unemployment Insurance Appeals Board, the State Board of Education, and the Delaware Division of Industrial Affairs; and complying with Delaware education laws. Jim is a frequent guest on seminar panels and presenter on topics concerning employment and education law. As former chair of the Labor and Employment Section of the Delaware State Bar Association, Jim is asked to comment upon pending and proposed legislation. He often discusses developments in employment law with local practitioners. Jim received his J.D. degree cum laude from Widener University School of Law in 2002. He is a member of Delaware State Bar Association, Labor and Employment Section and served as chair from 2009-2010, vice chair from 2008-2009, and secretary from 2007-2008; the American Bar Association’s Labor and Employment Law Section; Claymont Community Center Board of Directors; and the Archmere Academy Alumni Council. Michael P. Stafford, ESQ. Associate Young Conaway Stargatt & Taylor, LLP Mike specializes in education law issues, including special education, student rights and discipline, school policies and procedures, and staff-termination issues, for both private and public schools. In particular, he has represented school districts in special-education disputes in both administrative due-process hearings and federal and state courts. Similarly, Mike has handled numerous student rights’ issues, including complex disputes over students’ free speech rights and discipline issues, such as search and seizure and expulsion hearings and appeals. He also works with school administrators to develop or revise policies and procedures and provides school staff development and training on a wide variety of topics. On numerous occasions, Mike has also represented employers in a range of matters such as wrongful discharge and employment discrimination lawsuits, including Title VII, ADEA, ADA, EPA, and state employment statutes. He has also advised foreign and domestic corporations, organizations, and financial institutions on a variety of business immigration matters including obtaining and renewing temporary work visas such as H-1b’s and employment-based permanent residency. In 2011 Mike was honored with the Theodore Roosevelt Leadership Award (for environmental protection). Mike received his J.D. degree from Duke University and is a member of the Delaware State Bar Association’s Labor and Employment Section, the American Bar Association’s Labor and Employment Section, the American Immigration Lawyers Association, and the Education Law Association. 4 Speaker Bios David H. Williams, ESQ. Partner Morris James LLP Managing Partner of Morris James LLP since 2004, David H. Williams focuses his practice in the areas of employment law and education law. In employment law, his practice involves representation of employers in all varieties of litigation and administrative proceedings, including employment discrimination, discharge, constitutional claims, wage and hour issues, unfair-labor-practice claims, and restrictive covenants; arbitration involving employment-related disputes, and the interpretation and application of collective-bargaining agreements; counseling aimed at avoiding employment claims; and collective bargaining. In education law, his practice involves counseling educational institutions on all legal issues, and representing such clients in litigation and administrative proceedings relating to discharge of employees; expulsion of students, Students’ rights; Freedom of Information Act compliance; collective bargaining; and constitutional issues, including due process and freedom of speech and the establishment clause. Sources “highlight his strong negotiation style and singularly strong knowledge of employment law in relation to the education sector” (Chambers 2011). Described as doing “a phenomenal job,” his experience, particularly in the educational sector, is one of his primary assets, and clients like the fact that he is “level headed and reasonable” (Chambers 2007). He is listed among the Delaware Super Lawyers® for 2007-2010. David received his J.D. degree in 1975 from Dickinson School of Law and is a member of the Delaware State Bar Association’s Labor and Employment Law Sections, the American Bar Association’s Labor and Employment Law Sections, the National Association of School Attorneys, is president of the Delaware Council of School Board Attorneys, and is the Delaware Office of Child Advocate’s guardian ad litem on behalf of abused and neglected children. Barry M. Willoughby, ESQ. Partner Young Conaway Stargatt & Taylor, LLP Barry is Chair of the Employment Law Section of YCS&T. He also serves as a member of the firm’s Management Committee. His practice focuses on the representation of employers in claims of employment discrimination, retaliation, “whistleblower,” and other “wrongful discharge” cases under federal and state law, including defense of charges of racial and sexual harassment. Barry also defends public employers in First Amendment, due-process, equal-protection, and other constitutional law allegations. He represents employers in union-related conflicts, including representation in organizing campaigns, unfair-labor-practice proceedings, and grievance/arbitration hearings. Barry received his J.D. degree cum laude from Dickinson School of Law and is a member of the Delaware State Bar Association’s Employment Law Section (former chair), Labor Law Committee (former chair), the American Bar Association. He is also a Fellow of the College of Labor & Employment Lawyers and an Associate of the Society for Human Resources Managers (SHRM). 5