DiMuroGinsberg Partner Discusses Return to Work Issues

“FMLA-ADA Interplay for Employees Returning From FMLA Leave” was the subject of a presentation given by DiMuroGinsberg partner, Jonathan R. Mook, as part of a Strafford webinar, “Navigating Return to Work and Fitness for Duty Certification Challenges Under the FMLA and ADA,” held on November 22, 2016.  In his presentation, Jonathan discussed both the FMLA and ADA requirements that employers must follow in dealing with employees who are returning to work after taking leave for treatment of a medical condition.

Jonathan specifically addressed the reasonable accommodations that an employer may need to provide to disabled employees who have taken leave, including (1) additional leave for medical treatment; (2) workplace accommodations, such as changes in the work environment or modified work schedules; and (3) reassignment to a vacant position.  Jonathan also addressed the requirements that employers may place upon employees seeking to return from leave, such as providing a fitness for duty certification that confirms the employee can perform the essential functions of the job in a safe manner.

If you would like to obtain a copy of Jonathan’s presentation, please contact him at jmook@dimuro.com.

DiMuroGinsberg receives 2 National and 10 Metro Washington DC “Best Law Firms” rankings

We are pleased to announce that DiMuroGinsberg has received 12 practice area rankings on the 2017 “Best Law Firms” list published by U.S. News & World Report and Best Lawyers®.

National Awards:

  • Tier 3
    • Commercial Litigation
    • Real Estate Law

Metropolitan Washington DC Awards

  • Tier 1
    • Commercial Litigation
    • Criminal Defense: General Practice
    • Ethics and Professional Responsibility Law
    • Personal Injury Litigation – Plaintiffs;
  • Tier 2
    • Employment Law – Management
    • Real Estate Law;
  • Tier 3
    • Business Organizations (Including LLCs and Partnerships)
    • Corporate Law
    • Criminal Defense: White-Collar
    • Personal Injury Litigation – Defendants

We also congratulate Nina J. Ginsberg for being named Best Lawyers® 2017 Criminal Defense: General Practice “Lawyer of the Year” in Washington DC.

Firms included in the 2017 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a ranking signals a unique combination of quality law practice and breadth of legal expertise.

For further information about the Best Law Firms designations and to view our clients’ comments, visit our page at www.bestlawyers.com.

Nina Ginsberg named DC Lawyer of the Year in Criminal Defense: General Practice.

DiMuroGinsberg is proud to announce that Best Lawyers in America© has named Nina Ginsberg Lawyer of the Year in Washington DC in the category of Criminal Defense: General Practice.

Nina is a founding partner of DiMuroGinsberg and concentrates her nationwide practice on complex criminal trial and appellate litigation before federal and state courts. She represents individuals and corporations in a wide range of matters, including national security law, white collar investigations and prosecution, financial and securities fraud, computer crime, copyright fraud, and professional ethics.

Nina is an active member of The National Association of Criminal Defense Lawyers (NACDL) and is their current Second Vice President. She has served two terms on NACDL’s Board of Directors and has received three presidential commendations. She has also served on the National Security, International Law, Sex Offender Policy, and Death Penalty Advisory Committees.

Nina served multiple terms on the Virginia State Bar Council and on the Virginia State Bar’s Board of Governors of the Criminal Law Section.  She has taught, as an adjunct faculty member, at the George Washington University and George Mason University Schools and is on the editorial board of the Criminal Law Advocacy Reporter. She was an early member of the Practitioner’s Advisory Committee to the U.S. Sentencing Commission and is currently a member of the Steering Group of the Bar Association of the District of Columbia’s Committee on National Security Law, Policy & Practice.

Nina is AV® rated by Martindale-Hubbell and is listed in Martindale’s Bar Register of Preeminent Women Lawyers. She is also on The National Trial Lawyers list of the Top 100 Trial Lawyer and has been recognized as a Woman Leader in the Law by the Washington Post and Virginia Lawyers Media.

Click here for more information on Nina Ginsberg’s and the firm’s Best Lawyers® rankings.

Effective Reporting Procedures Can Reduce Sex Harassment Claims

The importance of having effective employment procedures in place so that employees can report harassing conduct cannot be overstated. This advice recently was emphasized when a federal court jury rejected a female employee’s sexual harassment claim against the Salvation Army. The jury did so, in part, because when the employee complained about the harassment, the Salvation Army immediately investigated the complaint and took prompt remedial action.

An article discussing the case by DiMuroGinsberg attorney, Billy Ruhling, III, appears in the September, 2016 issue of the Virginia Employment Law Letter. As Bill states in his article, “the case provides a good lesson about the need to educate your employees on your expectation that they will conduct themselves appropriately at work” and to make them “aware of your procedures for reporting inappropriate workplace conduct so that you can take appropriate remedial action.”

If you would like to obtain a copy of Bill’s article entitled, “Jury Nixes ‘Jezebel’ Harassment Claim Against Roanoke Salvation Army,” please contact Bill at bruhling@dimuro.com.

Jonathan Mook to present at the Advanced Employment Issues Symposium in Las Vegas

DiMuroGinsberg is pleased to announce that Jonathan Mook will be presenting at the 21st Annual Advanced Employment Issues Symposium, one of the nation’s leading employment law conference, November 9-11, 2016 in Las Vegas.

Jonathan will be presenting a session on ADA accessibility titled, ADA Accessibility: Current Legal Risks and Practical Solutions for Ensuring that Disabled Applicants and Employees Have Adequate Opportunity to ‘Participate in the Workplace,’ with Director of Assistive Technology, Joseph Martini, from a Perkins School for the Blind. This session will help attendees stay ahead of compliance obligations set by the EEOC and ADA, and maintain a safe and inclusive workplace for all employees.

If you aren’t already familiar with AEIS, it’s a multi-track event, which gives attendees a wide variety of options for enhancing their learning experience. This year’s tracks will focus on four distinct and important areas:

  • Emerging Legal & Compliance Concerns;
  • Red-Hot Regulatory Updates;
  • Security and Risk Management; and
  • Data Analytics and Metrics.

We hope you’ll join Jonathan for this engaging and informative event that’s designed to help you to enhance your advanced practitioner skill set. We are pleased to offer an exclusive discount on conference registration for you. Just use coupon code A16SPEAK, for a $100 discount off this high-level event. Visit the AEIS website to register.

Equity Crowdfunding’s First Report Card

DiMuroGinsberg attorney, Kendall Almerico, is considered to be one of the top crowdfunding and JOBS Act attorneys in the country. In an article published by Entrepreneur magazine, Kendall reports on the first three months of the recently passed Title III of the JOBS Act and offers encouraging news for entrepreneurs and companies needing to grow their businesses. Title III legalized true equity crowdfunding, allowing startups to raise up to $1 million in capital online, from the general public.

“The early report card is encouraging for Title III and it appears that the law will be a success despite the legal limitations it imposes. If we can just get Congress to fix those remaining issues with the law, most notably removing the unnecessary marketing restrictions, Regulation CF has a chance to fulfill its original promise.”

Read Kendall’s article here.

Kendall’s practice is focused on crowdfunding law, and particularly on equity crowdfunding through Regulation A+, Regulation CF and Regulation D, Section 506(c) private placements under the JOBS Act. If you have any questions about equity crowdfunding or the new law, feel free to reach out to Kendall at KAlmerico@DiMuro.com or call him at 703.684.4333.

The Need for Police Training To Deal With Disabled Individuals

The recent fatal shooting of a deaf man in North Carolina highlights the critical need for police departments to train their officers on how to communicate with persons who are deaf or hard of hearing, or may have other types of disabilities that interfere with effective communication. An article discussing the tragic incident entitled, “Fatal Shooting of Deaf Man Raises Concerns About Police Training,” appears on the Society for Human Resource Management’s website.

The article quotes DiMuroGinsberg partner, Jonathan R. Mook, about the importance of police departments understanding the needs of persons with disabilities and taking steps to ensure that law enforcement officers are prepared to appropriately deal with individuals who are disabled. According to Jonathan, “in many situations, a tragic outcome could have been prevented if a police officer had received and took to heart training on how to deal with persons with various types of disabilities.”

Click here for full article.

Federal Contractor Pays $500K to Settle OFCCP Claims

A half-million dollar settlement against a large Virginia employer serves to remind all Virginia federal contractors of the enforcement powers of the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), which regulates the employment practices of government contractors.

An article discussing the OFCCP’s recent enforcement action, entitled “OFCCP Settles Race Bias Claims Against Virginia Contractor for $500K,” appears in the August, 2016 issue of the Virginia Employment Law Letter. Jayna’s article highlights the need for all federal contractors to take their non-discrimination obligations seriously. This especially is the case given the OFCCP’s updated rules prohibiting sex discrimination in the workplace. Those rules took effect just last month. With these new sex discrimination regulations in force, federal contractors can expect to receive added scrutiny as part of any OFCCP compliance investigation.

Click here to read Jayna’s article

Nina Ginsberg installed as Second Vice President of the Nation’s Criminal Defense Bar

On August 13, Nina Ginsberg was sworn in as Second Vice President of the National Association of Criminal Defense Lawyers (NACDL) at the Association’s 59th annual meeting in Palm Beach, Florida.

Nina has been an active member of the National Association of Criminal Defense Lawyers for decades. She served three terms on the Board of Directors and served as Secretary and Parliamentarian prior to her recent appointment. She also serves on the Board of NACDL’s Criminal Justice Foundation. Nina has chaired numerous committees and currently serves on the White Collar and National Security Committees. She also has represented NACDL as a Delegate to the United Nations Commission on Crime Prevention and Criminal Justice.

Read press release for a complete list of Nina Ginsberg’s bar activities and the mission of the NACDL.

Five DiMuroGinsberg’s partners to be listed in the 2017 edition of The Best Lawyers in America©.

The firm is proud to announce that the following attorneys have been recognized by The Best Lawyers in America© for their achievement in certain fields of law.

  • Bernard J. DiMuro (Commercial Litigation, and Ethics and Professional Responsibility)
  • Nina J. Ginsberg (Criminal Defense – General Practice and White-Collar)
  • Jonathan R. Mook (Employment Law – Management)
  • C. Thomas Hicks III (Business Organizations including LLCs and Partnerships, Corporate Law, and Real Estate Law)
  • Harvey B. Cohen (Commercial Litigation and Personal Injury Litigation – Plaintiffs and Defendants)

Congratulations also to Tom Hicks for being listed in Best Lawyers of America for more than 25 years and Harvey Cohen for being listed for more than 20 years.

The Best Lawyers in America selection process involves a rigorous peer-review survey comprising more than 5.5 million confidential evaluations by top attorneys. We are very proud of our attorneys for being recognized by their peers for excellence in their specialties of law.