Pro Bono: Balancing Justice v. Economic Award

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Nathan Veldhuis’ notable pro bono case, In re Cesar Chumil, to be presented at the upcoming Virginia Trial Lawyers convention,  April 1, 2016.

There are some cases trial lawyers take which need to be taken – not for the economic rewards, but in the interest of justice.  The Cesar Chumil case was one of those cases.

Cesar Chumil spent over 20 years in various mental institutions, 18 of those spent in seclusion.  He was originally from Guatemala and spoke primarily Spanish.   Two weeks after his lawyers were able to have him moved to a less restrictive environment closer to his family in 2009, he died of undiagnosed colon cancer.  The pro bono administrative efforts took 5 years.  It was our position the use of seclusion and restraint and the failure to provide him services in his native language (through a translator) infringed on Mr. Chumil’ s 14th amendment rights and violated state law.

Read the full case summary here.

What HR can do to prevent workplace violence?

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News reports of yet another workplace shooting have become all too frequent in our media-saturated world. The seemingly constant reports of shootings makes clear to all employers the inconvenient truth that no workplace is totally immune from the possibility that a violent incident will occur. What are your obligations to protect your employees from acts of violence, and what steps should you take to make your workplace as safe as possible?

Jonathan Mook’s article in Diversity Insight discusses your obligations with regards to OSHA, the ADA and the National Labor Relations Act and outlines how to put an effective violence prevention plan in place in your workplace. link:
http://blogs.hrhero.com/diversity/2016/02/14/what-hr-can-do-to-prevent-workplace-violence/

Employment Law Challenges for 2016

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“2016 Federal Employment Law Outlook” was the subject of a webinar presentation by DiMuroGinsberg partner, Jonathan R. Mook, on January 5, 2016 for Business & Legal Resources. Jonathan’s presentation addressed such key federal agency initiatives as:

  • The DOL’s proposed new overtime regulations;
  • The EEOC’s strategic enforcement plan focusing on criminal background checks, protections for LGBT employees, and the expansive definition of disability under the ADA;
  • The steps the OFCCP is taking (1) to require government contractors to publicly report labor and employment law violations, (2) to eliminate pay disparity for women and minorities, and (3) to require the hiring of disabled persons and veterans; and
  • Recent NLRB actions to significantly reduce the timeframe for union elections, to challenge employer social media policies, and to expand the scope of joint employer liability.

Given the impact these agency initiatives will have on employers, it is critical that employers keep abreast of federal agency actions throughout 2016. If you would like to receive a copy of Jonathan’s presentation, please contact him at jmook@dimuro.com.

Five DiMuroGinsberg attorneys to be listed in the 2016 Virginia Super Lawyers Magazine.

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Super Lawyers recognizes attorneys who have distinguished themselves in the practice of law and who stand out in their respective practice areas.  Less than 5% of the state’s lawyers receive this honor.

Congratulations to our Virginia and Washington DC Super Lawyers:

  • Bernard J. DiMuro for Business Litigation
  • Nina J. Ginsberg for Criminal Defense
  • Michael Lieberman for Business Litigation
  • Stacey Rose Harris, a “Rising Star” in Business Litigation
  • Sara M. Sakagami, a “Rising Star” in Business Litgation

Study Shows Disability Discrimination Continues Despite the ADA

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It has been 25 years since Congress passed the landmark Americans with Disabilities Act (ADA), which prohibits employers from discriminating against individuals with disabilities. Since then, the Act has empowered disabled individuals to obtain gainful employment and make significant contributions to our society. Despite that progress, a recent study has revealed that a substantial number of employers still appear to have stereotypical views of disabled individuals and discriminate against well-qualified disabled job candidates as a result.

Not hiring disabled applicants based on stereotypes is not only unlawful, but it can also be detrimental to the effectiveness of your organization. Read Jonathan Mook’s article about the findings of the study and learn ways to ensure your company’s hiring practices comply with the law and that you are hiring the best employees possible.

How to Market your Legal Practice in a Focused Niche

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Jonathan Mook has gained a national reputation for his expertise in employment law and the ADA. In this Legal Marketing Launch podcast, Jonathan discusses his strategies for keeping abreast of current employment law issues and his three-pronged business development plan for establishing a reputation in a specific area of law.

Listen to his podcast here

Nathan Veldhuis’ reviews The Art and Science of Mastering the Jury Trial

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“The Art and Science of Mastering the Jury Trial” written by Judge Samuel Johnston and Irv Cantor and recently published by The Virginia Trial Lawyers Foundation is a valuable tool for any lawyer regardless of his or her level of experience.

The book tracks the life of a jury trial from the moment a potential client appears at a lawyer’s office through post-trial motions. The authors’ presentation is unique in that it appeals to both new lawyers and seasoned lawyers alike. Moments in the book are plainly intended to speak to a less experienced audience, but at the same time manage to impart pearls of wisdom to the more experienced audience.

Read Nathan’s book review here.

Personal injury attorney, Nathan J. D. Veldhuis joins the firm

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Nathan is an AV-rated attorney who practices in the areas of personal injury, wrongful death, defamation, and civil litigation.  He has more than eleven years experience representing clients in a full range of personal injury matters including, automobile, tractor trailer, motorcycle and boating accidents, work-related injuries and deaths, and wrongful death claims.

Nathan received his Juris Doctor from George Mason University School of Law and holds a Master of Arts in Biomedical Ethics from the University of Virginia.  He is a frequent lecturer and author on topics such as trial practice, personal injury law, health law, mental health initiatives and standards of care in health facilities.
Nathan is currently serving on the Board of Governors of the Virginia Trial Lawyers Association and is the current Chair of the Virginia College of Trial Advocacy.  He is also currently serving as the Treasurer for the Virginia State Bar’s Litigation Section and is a member of the Virginia State Bar’s Standing Committee on Legal Ethics.  Nathan is also a member of the Boyd Graves Conference.

He lives with his family, including an old golden retriever and a young yellow lab in Leesburg, Virginia.  When he is not working, he enjoys watching international soccer and college basketball and football.

For more information on Nathan and his practice, please visit his attorney profile.

Dealing with mental disabilities in the workplace. Attorney Jonathan Mook provides guidance.

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“The fact that an employee has a mental disability or served in the military does not mean you cannot take appropriate disciplinary action when dealing with misconduct. The Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on the Americans with Disabilities Act and Psychiatric Disabilities specifically states that employers may discipline employees with mental disabilities for violating workplace conduct standards even if the misconduct is caused by a disability.”

Get the full article here.

Nina Ginsberg and Andrea Moseley named Top Lawyers in the Washingtonian.

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NJG and ALMNina Ginsberg and Andrea Mosely are accomplished litigators known for their expertise in complex criminal trial and appellate cases.  This is the third Top Lawyers recognition for both of them.  Nina and Andrea are well known by their peers and clients for their ability to negotiate complex legal matters and for compassionately guiding their clients through the emotional hurdles of life altering events.