Section Program

Friday, January 22, 2021

9:00 a.m. – 5:00 p.m.

Topics to be covered will include:

  • Arbitrating and Mediating Complex Employment Cases in a Pandemic
  • Employment Litigation in the Wake of COVID-19
  • Ethics and the Effective Use of the Media
  • Investigating the Value of Bringing in A Neutral: Taking Investigations “Out of House” as a Path to Settlement and/or Increased Credibility
  • Travel Bans and Border Restriction: What Next Under President-Elect Biden
  • Restrictive Covenants: A Look Behind and Ahead




Section Chair

Christopher A. D’Angelo, Esq.
Consolidated Edison Company of New York, Inc.

CLE Program Co-Chairs

Robert L. Boreanaz, Esq.
Lipsitz, Green, Scime, Cambria, LLP.
Abigail Levy, Esq.
NYC Office of Collective Bargaining
Karen P. Fernbach, Esq.
Hofstra Law School


Event Sponsors




Lamb and Barnosky
Outten and Golden




American Arbitration Association
Coughlin and Gerhart
Curley Hurtgen Johnsrud LLP AM Sponsor


Feliu Neutral Services


Ruth Raisfeld
7.5 MCLE Credits- 1.5 Skills, 1.5 Ethics and Professionalism, 4.5 Areas of Professional Practice

This program is transitional and is suitable for all attorneys including those newly admitted

Friday, January 22, 2021

9:00 AM – 9:20 AM

Section Business Meeting, Awards Presentations, Welcome and Introduction


Christopher A. D’Angelo, Esq. | Section Chair; Consolidated Edison Company of New York, Inc., New York, NY


9:20 AM – 10:35 AM

Arbitrating and Mediating Employment Cases in a Pandemic

COVID-19 altered the practice of labor and employment arbitration. Learn how to manage and navigate the challenges of remote arbitration/mediation. Panelists will provide best practices advocates and neutrals can bring to their own cases in 2021 and tools practitioners may want to consider using even once the pandemic has subsided.


Alfred G. Feliu, Esq. | Feliu Neutral Services, LLC., New Rochelle, NY
Jacquelin F. Drucker, Esq. | Arbitration Offices of Jacquelin F. Drucker, Esq., New York, NY
Megann K. McManus, Esq. | Jackson Lewis P.C., New York, NY
Sudip N. Mukherjee, Esq. | 1199 SEIU United Healthcare Workers East, New York, NY

1.5 Credit in Skills


10:35 AM – 10:40 AM



10:40 AM – 11:55 AM

Employment Litigation in the Wake of COVID-19

The COVID-19 pandemic has spawned a wave of employment litigation directly and indirectly based on COVID-19-related health risks and employers’ response to the crisis. These claims have been brought under various federal, state and local laws relating to workplace health and safety, non-discrimination, and employment termination. Our panel will discuss the emerging trends within this wave of COVID-19 employment litigation.


Michael J. Del Piano, Esq. | New York State United Teachers, New York, NY
Frank R. Kearl, Esq. | Make the Road New York, Staten Island, NY
Theresa E. Rusnak, Esq. | Bond, Schoeneck & King PLLC., Rochester, NY

1.5 Credits in Areas of Professional Practice


11:55 AM – 12:05 PM



12:05 PM – 1:20 PM

Advocacy and the Fourth Estate: Ethically and Effectively Working with the Press in Labor and Employment Litigation

Working with the press is one of the many options attorneys have at their disposal in advocating for their clients and their causes, particularly for labor and employment cases. However, this option is not without risks—ethical or otherwise—that attorneys should know as they navigate stages of litigation including negotiations, agency actions, and litigation. Please join NYSBA’s Labor and Employment Section for a discussion with attorneys representing employees and management, along with an ethics expert and member of the press as they outline the contours of permissible conduct for attorneys and their interactions with the press.


Gabrielle Fonrouge | Journalist, New York Post, New York, NY
Tyler Maulsby, Esq. | Frankfurt Kurnit Klein & Selz PC, New York, NY
Miriam F. Clark, Esq. | Ritz Clark & Ben-Asher, LLP, New York, NY
Timothy J. Domanick, Esq. | Jackson Lewis P.C., Melville, NY


Patrick J. Boyd, Esq. | The Boyd Law Group, PLLC., New York, NY

1.5 Credits in Ethics


1:20 PM – 2:00 PM

Lunch Break


2:00 PM – 2:55 PM

Investigating the Value of Bringing in A Neutral: Taking Investigations “Out of House” as a Path to Settlement and/or Increased Credibility

This program will explore the practice of using a neutral to undertake investigations into claims of employee misconduct, discrimination, harassment, and other activity that is unlawful and/or in violation of an employer’s rules, policies and regulations. With increased frequency, employers and governing boards in the public and private sectors, at times in conjunction with unions, are seeking the assistance of skilled neutrals to undertake formal investigations and render an in-depth report of findings and recommendations. This program’s participants, made up of a neutral from the AAA’s Investigation Panel, as well as representatives of labor and management, will discuss the trend and its advantages and disadvantages.


Christopher W. Shishko, Esq. (Management) | Guercio & Guercio, LLP., Farmingdale, NY
Christopher S. Rothemich, Esq. (Labor) | Davis & Ferber, LLP., Islandia, NY
R. Scott DeLuca, Esq. | Kavinoky Cook, LLP., Buffalo, NY


Elena Cacavas, Esq. | Cacavas ADR, LLC., Manhasset, NY

1.0 Credit in Areas of Professional Practice


2:55 PM – 3:00 PM



3:00 PM – 3:55 PM

Travel Bans and Border Restrictions: What Next Under President-Elect Biden

Under the Trump administration, travel bans continued to expand. New countries have been added to the list of banned countries, and new travel restrictions have been implemented in the wake of the COVID-19 virus. We will address what countries are now covered by travel bans, on-the-ground updates regarding how travel bans are being applied, and practical tips on what to do regarding waivers. We will cover how this effected our neighboring countries (Mexico and Canada) and the direction President- Elect Biden will take.


Patricia L. Gannon, Esq. | Greenspoon Marder, LLP., New York, NY
Marcela Bermudez, Esq. | Greenspoon Marder, LLP., New York, NY
Evan J. Green, Esq. | Green and Spiegel, LLP., Toronto, Canada

1.0 Credit in Areas of Professional Practice


3:55 PM – 4:05 PM



4:05 PM – 5:00 PM

Restrictive Covenants: A Look Behind and Ahead

In recent years the use of restrictive covenants, and particularly non-competition agreements, has become much more widespread. Even employees in some service and retail positions, who have no special skills and do not have access to confidential information, are being required to sign them as a condition of employment. Our panel of experts will examine the topical and controversial issues surrounding the use of non-competes and other restrictive covenants, including the validity of enforcing them against employees terminated without cause and differences in how courts enforce non-competes as opposed to non-solicitation provisions.


Tracey Salmon-Smith, Esq. | Faegre, Drinker, Biddle and Reath, LLP., Florham Park, NJ
Mark D. Risk, Esq. | Mark Risk, P.C., New York, NY


James H. McQuade, Esq. | Orrick Herrington & Sutcliffe LLP., New York, NY

1.0 Credit in Areas of Professional Practice


$149: Section Member | $179: NYSBA Member | $299: Non-NYSBA Member

REGULAR REGISTRATION (1/1/21 and after)

$199: Section Member | $239: NYSBA Member | $399: Non-NYSBA Member

IMPORTANT: For those of you that wish to attend multiple Section or Committee programs, we are extending a discount of 25% off the pricing of 2 or more programs, however you must contact our MRC Department directly and register over the phone.


If you have questions please contact us at 800.582.2452 | [email protected]

Hours: Monday – Friday | 8:00 a.m. – 5:30 p.m.



Lifetime Achievement Award  

New York State Bar Association Labor and Employment Law Section 2021



Evan J. Spelfogel
Senior Counsel, Phillips Nizer LLP


Evan J. Spelfogel is senior counsel in the Labor & Employment Law Practice at Phillips Nizer LLP representing management and benefit providers in all areas of employment law, labor, and employee relations.

After graduating from Harvard College and the Columbia University Law School, Evan served five years with the United States Department of Labor, Office of the Solicitor and the National Labor Relations Board in Washington, D.C., Boston, and New York.

Evan is an adjunct professor at Columbia University Law School where he teaches Employment Law. He has previously served as an adjunct professor at Baruch College of the City College of New York, and as a lecturer in labor law at St. John’s University, and at annual labor and employment institutes of New York University, Southern Methodist University, Boston University, and the University of Washington. He has written, edited and published numerous articles, books and book chapters on a broad range of issues, including wage and hour collective actions, comparable worth and pay equity, employment discrimination, wrongful discharge, retiree health care, plant closings and reductions in work force, e-mail and workplace privacy, union picketing and hand billing on private property, NLRB representation and unfair labor practice proceedings, the interaction of ERISA, the ADA and the NLRA, pregnancy disability, sexual harassment, employee benefits and alternative dispute resolution.

A Former Chair of the New York State Bar Association’s (NYSBA) Labor & Employment Law Section, Evan continues to serve on its Executive Committee. He has also served as a member of the Executive Committee of the NYSBA’s Dispute Resolution Section.

In January 2018, Evan was elected a Fellow of The New York Bar Foundation in recognition of his distinguished achievement, dedication to the legal profession, commitment to the organized bar, and service to the public. He was also elected to the College of Labor and Employment Lawyers as a Fellow, the highest recognition by one’s colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence. Evan has been selected by his peers for inclusion in The Best Lawyers in America© (1995 to 2018) in the fields of Employment Law—Management and Labor Law—Management and has been included on the New York Metro Super Lawyers list (2006 to 2019) in the areas of Employment & Labor, Employment Litigation: Defense, Employee Benefits, and Alternative Dispute Resolution. He received the 2014 Samuel M. Kaynard Award for Excellence in the Fields of Labor & Employment Law in recognition of his strong ideals, keen legal acumen, and outstanding contributions to the fields of labor and employment law. In addition, Evan is currently listed in Who’s Who in America; Who’s Who in American Education; Who’s Who in Industry and Finance; Who’s Who Legal: The International Who’s Who of Management Labour & Employment Lawyers; and Who’s Who in the World.


Samuel M. Kaynard Memorial Student Service Awards  

New York State Bar Association Labor and Employment Law Section 2021

First Prize $3000:  Michelle Capobianco, St. John’s University Law School

Second Prize $2000: Ellie Sage Sheinwald, St. John’s University Law School

Third Prize (Tie) $1000 each:  Courtney Trombley, Albany Law School of Union University &  Katherine Boyd, Pace University, Elisabeth Haub School of Law



Michelle Capobianco

Michelle Capobianco is a third-year law student at St. John’s University School of Law with a focus of study in labor and employment law. She is currently the Vice President and Programming Director of the Labor and Employment Law Society and a Senior Staff Member of the New York Real Property Law Journal at St. John’s. She is also an executive board member of the Dispute Resolution Society and Entertainment, Arts & Sports Law Society at St. John’s. She will be interning with the legal department of the Director’s Guild of America during her final semester and continues to work as a law clerk with The Boyd Law Group, PLLC.


Ellie Sheinwald

Ellie Sheinwald is a 3L student at St. John’s University School of Law. She is the Articles & Notes Editor of the New York International Law Review, Executive Director of the Public Interest Law Students Association, and Co-President of the Jewish Law Students Association. She has worked as a legal intern at the U.S. Department of Labor, Keane & Beane, and NYSUT. Ellie’s scholarly note discussing international labor standards was published recently in a NYSBA publication. Ellie holds two undergraduate degrees: one in Political Science from Columbia University and one in Modern Jewish Studies at the Jewish Theological Seminary.


Katherine Boyd

Katherine M. Boyd is a 2L at Pace University’s Elisabeth Haub School of Law, where she is a Junior Associate with the PACE LAW REVIEW. She graduated from Boston University, after which she spent time in the restaurant industry, learning to combine hard-work with creativity. This time inspired her interest in labor and employment law. She is committed to developing her knowledge of labor and employment law and has participated in internships at the Unemployment Action Center and the New York State United Teachers Office of General Counsel. Having grown up in the Hudson Valley, she is happy to have returned to the state to be a part of the legal community in New York.


Courtney Trombly

Courtney Trombly is a 3L at Albany Law School.  During law school, she worked as a Peggy Browning fellow and later as a law clerk at New York State United Teachers (NYSUT), where she gained an understanding of and appreciation for labor and employment law.  She also serves as the Managing Editor of Research and Writing on the Albany Government Law Review and will be published in the upcoming issue of the Albany Law Journal of Science and Technology.  Courtney lives in Broadalbin, NY, and is currently studying for the February Bar Exam.  She would like to thank her father for his continued support throughout law school, and her dog, Buddy, for keeping her days bright.

Dr. Emanuel Stein and Kenneth D. Stein Memorial Writing Competition  

New York State Bar Association Labor and Employment Law Section 2021

First Place  $3000:  Taiyee Chien, The University of Chicago Law School

Second Place $2000:  Trishala Dessai, American University Washington College of Law



Taiyee Chien

Taiyee Chien is a JD Candidate at the University of Chicago Law School. During his time in law school, Taiyee has served as a staff and online editor of the University of Chicago Law Review, and has volunteered with various pro bono legal clinics. After graduating from law school this summer, he will join the litigation department of the New York office of Kirkland & Ellis LLP. Taiyee earned his undergraduate degree, with honors, from Princeton University.



Trishala Dessai

My name is Trish Dessai and I am a J.D candidate American University Washington College. I attended undergraduate at College of Industrial Labor Relations at Cornell University. Labor and employment law is a topic I have been passionate about since high school. My parents are both immigrants from India and have faced the traditional issues most immigrant workers are subject to such as: wage disparity, lack of workers’ benefits, and discrimination. Their experiences inspired me to pursue labor and employment law in order to remedy worker injustices. This summer I worked for Terri Gerstein of the Harvard Law School Labor and Worklife program to conduct research on the effect of the pandemic on gig-economy workers and nursing home workers. This research drove me to write a paper which aimed to cure the  gig-economy misclassification conundrum by creating a portable workers’ benefits system. This fall, I am working as a judicial intern for the Equal Employment Opportunity Commission (EEOC) where I am learning how to draft summary judgments on complex employment discrimination issues. I serve as a Senior Staffer on the American University’s Legislative Policy Brief and as a Junior Staffer on the Arbitration Brief. During my second year in law school, I am focusing on combining my love for labor and employment law with international law by concentrating on international arbitration, specifically on fair and equitable treatment provisions, and the impact it has on worker protections. My future goal is to work on projects which deal with international labor in relationship to international trade agreements as well.




Lamb and Barnosky
Outten and Golden




American Arbitration Association
Coughlin and Gerhart
Curley Hurtgen Johnsrud LLP AM Sponsor


Feliu Neutral Services


Ruth Raisfeld

Interested in being a sponsor?

Contact the Labor and Employment Law Section Liaison

Cathy Teeter
[email protected]
(518) 487-5573

We’re pleased to announce an additional 25% discount on all Books, eBooks, Online Forms and Pamphlets currently available in our online store during Annual Meeting.

Use discount code: PUBAM21 during the checkout process.


  • The discount code (PUBAM21) expires on January 29 on the final day of Annual Meeting
  • The 25% discount will be taken off of your qualifying process based on your NYSBA Membership status
  • On-Demand CLE programs available in the online store do not qualify for the 25% discount.




Labor, Employment And Workers’ Compensation Law, 2020-21

Labor, Employment And Workers’ Compensation Law, 2020-21

Regular Member Price: $125.00




Lefkowitz On Public Sector Labor And Employment Law, Fourth Edition

Lefkowitz On Public Sector Labor And Employment Law, Fourth Edition

Regular Member Price: $160.00







Labor and Employment

Labor and Employment Law Journal


Interested in writing an article for the Labor and Employment Law Journal? Please contact Colin Leonard at [email protected]

If you would like to view and register for our Section’s additional upcoming events, or access the on-demand library for past events, please visit our Section’s page here:

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Members of the NYSBA Labor & Employment Law Section get special pricing on their registration

Join the Labor and Employment Law Section