HomeMy WebLinkAbout166-07 RESOLUTIONRESOLUTION NO. 166-07
A RESOLUTION APPROVING A CONTRACT WITH LITTLER
MENDELSON, P.C. TO PROVIDE EMPLOYMENT AND LABOR
LITIGATION SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a contract with Littler Mendelson, P.C. to provide employment
and labor litigation services. A copy of the contract, marked Exhibit "A," is
attached hereto and made a part hereof.
PASSED and APPROVED this 18th day of September, 2007
APPROVED:
ATTEST:
''1RK/TRE9
` �' • Y ' • G'��
FAYETTEVILLE;
4— . �.
J
y: q9 dA o-- &- �&
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
L.ity of Fayetteville, Arkansas
Ref: RFQ 07-09, Employment & Labor Law Legal Services
Contract
This Agreement made and entered into by and between City of Fayetteville, Arkansas, 113 W. Mountain Street,
Fayetteville, AR, 72701 and Littler Mendelson. P.C. and
WHEREAS, City.of Fayetteville has by Committee awarded the project for Employment and Labor Law Legal
Services and;
WHEREAS, Littler Mendelson, P.C. and City of Fayetteville for the consideration hereinafter named, agree and
acknowledge that:
Littler Mendelson, P.C. agrees to provide all the staff, facilities, materials, equipment and labor necessary to carry
out, in good faith, the complete requirements of the "project" (providing legal services in the event of Employment
Law litigation) specified in strict conformity with all sections of the RFQ # 07-09, hereinafter set forth, whose
program services together with the Consultant's Proposal, the Advertisement for Bids, Instructions to Proposers,
General Conditions, Representations, this Agreement, and all addenda hereto, shall form essential parts of this
Agreement as if fully contained herein. The RFQ and Consultant's bound written Proposal are attached hereto
and marked "Exhibit A" for reference. However nothing herein requires Littler Mendelson to accept an
assignment that would require it to violate any law or professional obligation imposed upon Littler Mendelson.
City of Fayetteville agrees to pay Littler Mendelson, P.C. in current funds, for the performance of this Contract in
accordance with the Fee Schedule, attached.
City of Fayetteville and Littler Mendelson, P.C. agree that the RFQ #07-09 , hereinafter set forth, whose services
together with the Consultant's Proposal, the Advertisement for Bids, Instructions to Proposers, General
Conditions, Representations, this Agreement, and all addenda hereto annexed are as fully a part of the Contract
as if attached or herein repeated.
City of Fayetteville shall have 30 working days from approval by the Project Manager in which to pay Littler
Mendelson. P.C. subject to any- documentation requests by City of Fayetteville as necessary to allow City of
Fayetteville to evaluate the completeness and accuracy of monies due.
To the fullest extent permitted by laws, statutes, rules and regulations, Littler Mendelson. P.C. shall indemnify
and hold harmless City of Fayetteville, and its Officers, Directors, Employees, Agents, and other Consultants of
each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited
to all fees and charges of , , attorneys and other professionals and all court costs, arising out of or resulting from
performance of the Work, but only to the extent caused in whole or in part by acts or omissions of Littler
Mendelson, P.C. its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them
or anyone for whose acts they may be liable, however, nothing in this agreement creates an agency relationship
between Littler Mendelson and such entities as court reporters or court reporting services, private investigators
or consulting or testifying experts; regardless of whether or not such claim, cost, damage, loss, or expense is
caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person
for their own sole negligence. Such obligation shall not be construed to negate, abridge or reduce other rights or
obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.
Littler Mendelson, P.C. agrees to comply with the laws of the State of Arkansas and applicable federal laws,
Notwithstanding statutory exemptions or exclusions, Littler Mendelson, P.C. agrees to subject itself to the
jurisdiction and process of the Courts of Washington County, State of Arkansas as to all matters and disputes
arising or to arise under this Agreement and the performance thereof, including all issues relating to liability for
taxes, licenses or fees levied by the State, unless federal jurisdiction applies in which case Littler Mendelson,
RFQ 07-09, Employment & Labor Law Legal Services
Contract: Littler Mendelson, P.C.
Page I of 3
P.C. agrees to subject itself to the juiisdiction and process of the U.S. DISlnut Court for the Western District of
Arkansas at the Fayetteville Court location. Littler Mendelson, P.C. irrevocably consents that any legal action or
proceeding against it under, arising out of or in any manner relating to this Contract, shall be brought in any court
in Washington County, Arkansas.
Littler Mendelson, P.C. hereby expressly and irrevocably waives any claim or defense in any said action or,
proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis.
Littler Mendelson, P.C. assumes sole responsibility for completion of the work undertaken pursuant to this
Agreement. City of Fayetteville shall consider Littler Mendelson, P.C. the 'sole point of contact with regard to
contractual matters. Subcontracting of any part of the work or service contemplated by this Agreement may not
be entered in by _Littler Mendelson, P.C. without prior written approval by City of Fayetteville.
Littler Mendelson, P.C. expressly confirms that it carries and shall continue to carry for the duration of this
agreement malpractice insurance in the minimum amount of $1,000,000.00.
No assignment or transfer of this Agreement or any right accruing here under shall be made in whole or in part by
Littler Mendelson, P.C. without the express written consent of City of Fayetteville.
Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the contractor will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for.
this compliance.
Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract
shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the Fayetteville
City Council in advance of the change in scope, cost or fees.
A waiver by either party of any breach of the provisions hereof shall not be deemed a waiver of any succeeding
breach of such provision or any other provision of this Agreement. Should any term, provision or other part of
this Agreement be declared illegal or unenforceable, it shall be excised or modified to conform to the appropriate
laws or regulations, and the remainder of the Agreement shall not be affected but shall remain in full force and
effect.
The provisions, covenants, and conditions in this Agreement apply to and bind the parties, their legal heirs,
representatives, successors and assigns.
No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized
representatives of all parties hereto.
This Agreement constitutes the final and complete agreement°and understanding between the parties regarding
the subject matter hereof. All prior and contemporaneous Agreements and understandings, whether oral or
written, are to be without effect in the construction of any provisions or term of this Agreement if they alter, vary or
contradict this Agreement.
Termination of Agreement: Each Party to this agreement may terminate it upon sixty (60) days advance written
notification. Absent such notification, this Agreement and its terms will continue from year to year.
Littler Mendelson, P.C. and City of Fayetteville, their successors, executors, administrators and assigns hereby
agree to the full performance of the covenants herein contained.
RFQ 07-09, Employment & Labor Law Legal Services
Contract: Littler Mendelson, P.C.
Page 2 of 3
WITNESS OUR HANDS THIS h DAY OF '2007.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
11_/.71 EF11G.AJZ
1111111IRVITIL...
ATTEST:
BY
Consultant Firm's Authorized Signature
BY tVa. 0 . M" SDV1 O� W (k V%
PRINTED NAME AND TITLE
ATTES ULTANT FIRM'S ADDITIONAL
AUT REPRESENTATIVE
SW41C $IVi-)Suik 214 , F4K:'k I Li
BUSINESS ADDRESS
RFQ 07-09, Employment & Labor Law Legal Services
Contract: Littldr Mendelson, P.C. .
Page 3 of 3
SMITH, City Clerk
.�`� R►UTREq'''.
: FAYETTEVILLE:
-.
:--y�.9,QKANSQ�J�����.To I ; 00
LITTLER MENDELSON, P.C. RATE PROPOSAL
TO CITY OF FAYETTEVILLE
This is in response to your request for a proposal from our firm regarding legal representation of
the City of Fayetteville for its labor and employment matters. Littler focuses on employment law
and labor relations matters and utilizes technology in sharing and disseminating information
internally and with clients. This focus enables us to deliver the highest quality services and
obtain client objectives with greater efficiency for an overall lower cost than firms with lower
hourly rates, but less expertise, experience, and efficiency.
Littler staffs its matters very cost effectively. We typically use teams consisting of only one
shareholder and one associate at the appropriate level of experience. Our hourly rates in each
office are determined by local market conditions (for example, we charge more in New York
than in Columbus).
We understand that every client's needs are unique. We are willing to explore with you a range
of alternative fee arrangements that will meet your mutual objectives of cost containment and
fairness. Littler Mendelson has developed a number of fee arrangements with individual clients
as dictated by circumstances of budget, scheduling, and level 'of representation. These have
included the following: Per Case or Per Phase Fee Caps for Routine Litigation Cases, Fixed
Fees for Arbitration/Mediation Cases and Immigration Matters, Annual Cap for All Litigation,
Fixed Fees for Transactions, Blended Rates, Volume -Based Discounts, and/or Fixed Fee Advice
Retainer.
Because this would be a new relationship without a history of claims on which to base any
alternate fee structure, we recommend that a flat hourly rate at a significant discount be the basis
for any fee agreement. As such, the following chart represents our recommendation:
Scott Summers
$365
$315
$250
Eva Madison
$325
$260
$215
Fayetteville Associates
varies
varies
$175
Firm Shareholders
varies
varies
Firm Associates
varies
varies
* 25% discount on lowest available rate
F i rmwi de: 82849922. l 800000.3 500
Missy Leflar
Submitted By
ity of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/18/2007
City Council Meeting Date
Agenda Items Only
Human Resources
Division
Action Required:
. 1625
f1�gjo7
16(151
Operations
Department
Staff requests Council Approval of the attached contract for Employment and Labor Law Legal Services. The
purpose is to have an employment law firm at the ready should the City ever have employment law trial litigation
(typically involves 20 calendar days to file a response) or similar non -routine type matter for which the City Attorney's
office and the HR Division determines in house handling would not be appropriate. This is not a specifically budgeted
item. Therefore, Council might be asked to approve supplemental funding.
None at this time
Cost of this request
1010.1210.5314.01
Account Number
Project Number
Budgeted Item
$ 287,740.00
Category / Project Budget
182,464.00
Funds Used to Date
$ 105,276.00
Remaining Balance
Budget Adjustment Attached
1 x'29'01
Departmen Director Date
07
City Attorney Date
0. , -� 9-1-67
Finance and Internal Service Director Date
Mayor
Comments:
Services & Charges
Program Category / Project Name
Human Resources
Program / Project Category Name
General
Fund Name
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office
Received in
Mayor's Office
Da (e
Revised April 16, 2007
Ta'yvere-v.I ie
CITY COUNCIL AGENDA MEMO
TO: Mayor Dan Coody and the City Council
THRU: Gary Dumas, Operations Director
FROM: Missy Leflar, Human Resources Division Manager
DATE: August 24, 2007
SUBJECT: Approval of Employment Law Services Contract
Recommendation
Staff recommends approval of the attached Employment Law Services Contract.
City Council Meeting June 5, 2007
Background
This contract is for the purpose of the City having a qualified employment law firm at the ready in the event the City
were engaged in employment related trial litigation or other highly unusual employment law related matter deemed
inappropriate for in house handling.
Discussion
Day to day legal advisory matters, legal research, and other routine employment law matters are.handled in house,
at a savings to the taxpayer. However, should the City ever be engaged in employment law trial litigation then the in
house employment law advisor (HR Division Manager) would likely be a witness. Attorneys are not permitted to
litigate cases in which they are also witnesses. It could therefore be potentially necessary to engage outside
employment law counsel on very short notice, as a party typically has 20 calendar days to file a legal response to a
Complaint. This is not expected to happen, but it is good to have a firm waiting in the wings as "insurance" against
an emergency.
It could also possibly be necessary to engage outside employment law counsel if some highly unusual matter ever
arose that the City Attorney's office and HR Division deemed inappropriate for in house handling.
The City advertised for and received competitive bids from several employment law firms. The top candidates were
interviewed by a committee that included representation from the City Attorney's office, the Human Resources
Division, the Purchasing Division, the Fire Department, and the Accounting Division. The Fayetteville office of Littler
Mendelson, P.C., the largest employment law firm in the United States, was selected as the firm to represent the City
in the event of employment law litigation or other emergency need for outside employment law legal counsel.
The purpose of this action is to have a firm selected and retained. The selection process and Council action should
require more time than is available should specialized legal counsel become necessary.
Budget Impact
There is no budget currently for this service. No budget is necessary until litigation or another matter requires
outside counsel. This contract will retain a firm specializing in employment law, establish a fee structure, and have
the firm available if necessary. If it becomes necessary to employ the firm, a budget adjustment will be brought
forward for Council approval.
RESOLUTION NO.
A RESOLUTION APPROVING A CONTRACT WITH LITTLER
MENDELSON, P.C. TO PROVIDE EMPLOYMENT AND LABOR
LITIGATION SERVICES.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas,
hereby approves a contract with Littler Mendelson, P.C. to provide employment
and labor litigation services. A copy of the contract, marked Exhibit "A," is
attached hereto and made a part hereof.
PASSED and APPROVED this 18th day of September, 2007.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Ref: RFQ 07-09, Employment & Labor Law Legal Services
Contract
This Agreement made and entered into by and between City of Fayetteville, Arkansas, 113 W. Mountain Street,
Fayetteville, AR, 72701 and Littler Mendelson, P.C. and
WHEREAS, City of Fayetteville has by Committee awarded the project for Employment and Labor Law Legal
Services and;
WHEREAS, Littler Mendelson, P.C. and City of Fayetteville for the consideration hereinafter named, agree and
acknowledge that:
Littler Mendelson, P.C. agrees to provide all the staff, facilities, materials, equipment and labor necessary to carry
out, in good faith, the complete requirements of the "project" (providing legal services in the event of Employment
Law litigation) specified in strict conformity with all sections of the RFQ # 07-09, hereinafter set forth, whose
program services together with the Consultant's Proposal, the Advertisement for Bids, Instructions to Proposers,
General Conditions, Representations, this Agreement, and all addenda hereto, shall form essential parts of this
Agreement as if fully contained herein. The RFQ and Consultant's bound written Proposal are attached hereto
and marked "Exhibit A" for reference. However nothing herein requires Littler Mendelson to accept an
assignment that would require it to violate any law or professional obligation imposed upon Littler Mendelson.City
of Fayetteville agrees to pay Littler Mendelson, P.C. in current funds, for the performance of this Contract in
accordance with the Fee Schedule, attached.
City of Fayetteville and Littler Mendelson, P.C. agree that the RFQ #07-09 , hereinafter set forth, whose services
together with the Consultant's Proposal, the Advertisement for Bids, Instructions to Proposers, General
Conditions, Representations, this Agreement, and all addenda hereto annexed are as fully a part of the Contract
as if attached or herein repeated.
City of Fayetteville shall have 30 working days from approval by the Project Manager in which to pay Littler
Mendelson, P.C. subject to any documentation requests by City of Fayetteville as necessary to allow City of
Fayetteville to evaluate the completeness and accuracy of monies due.
To the fullest extent permitted by laws, statutes, rules and regulations, Littler Mendelson, P.C. shall indemnify
and hold harmless City of Fayetteville, and its Officers, Directors, Employees, Agents, and other Consultants of
each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited
to all fees and charges of , , attorneys and other professionals and all court costs, arising out of or resulting from
performance of the Work, but only to the extent caused in whole or in part by acts or omissions of Littler
Mendelson, P.C. its Officers, Directors, Employees, Agents, and anyone directly, or indirectly employed by them
or anyone for whose acts they may be liable, however, nothing in this agreement creates an agency relationship
between Littler Mendelson and such entities as court reporters or court reporting services, private
investigators or consulting or testifying experts; regardless of whether or not such claim, cost, damage,
loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any
other party or person for their own sole negligence. Such obligation shall not be construed to negate, abridge or
reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in
this Paragraph.
Littler Mendelson, P.C. agrees to comply with the laws of the State of Arkansas and applicable federal laws.
Notwithstanding statutory exemptions or exclusions, Littler Mendelson, P.C. agrees to subject itself to the
RFQ 07-09, Employment & Labor Law Legal Services
Contract: Littler Mendelson, P.C.
Pagel of 3
Firmwide:82985296.1 800000.3500
DRAFT 8/28/07 3:51 PM
jurisdiction and process of the Courts of Washington County, State of Arkansas as to all matters and disputes
arising or to arise under this Agreement and the performance thereof, including all issues relating to liability for
taxes, licenses or fees levied by the State, unless federal jurisdiction applies in which case Littler Mendelson,
P.C. agrees to subject itself to the jurisdiction and process of the U.S. District Court for the Western District of
Arkansas at the Fayetteville Court location. Littler Mendelson, P.C. irrevocably consents that any legal action or
proceeding against it under, arising out of or in any manner relating to this Contract, shall be brought in any court
in Washington County, Arkansas.
Littler Mendelson, P.C. hereby expressly and irrevocably waives any claim or defense in any said action or
proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis.
Littler Mendelson, P.C. assumes sole responsibility for completion of the work undertaken pursuant to this
Agreement. City of Fayetteville shall consider Littler Mendelson, P.C. the sole point of contact with regard to
contractual matters. Subcontracting of any part of the work or service contemplated by this Agreement may not
be entered in by Littler Mendelson, P.C. without prior written approval by City of Fayetteville.
Littler Mendelson, P.C._expressly confirms that it carries and shall continue to carry for the duration of this
agreement malpractice insurance in the minimum amount of $1,000,000.00.
No assignment or transfer of this Agreement or any right accruing here under shall be made in whole or in part by
Littler Mendelson, P.C. without the express written consent of City of Fayetteville.
Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city
contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act
request is presented to the City of Fayetteville, the contractor will do everything possible to provide the
documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A.
25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for
this compliance.
Changes in scope or price: Changes, modifications, or amendments in scope, price or fees to this contract
shall not be allowed without a prior formal contract amendment approved by the Mayor and/or the Fayetteville
City Council in advance of the change in scope, cost or fees.
A waiver by either party of any breach of the provisions hereof shall not be deemed a waiver of any succeeding
breach of such provision or any other provision of this Agreement. Should any term, provision or other part of
this Agreement be declared illegal or unenforceable, it shall be excised or modified to conform to the appropriate
laws or regulations, and the remainder of the Agreement shall not be affected but shall remain in full force and
effect.
The provisions, covenants, and conditions in this Agreement apply to and bind the parties, their legal heirs,
representatives, successors and assigns.
No modification or amendment of the terms hereof shall be effective unless written and signed by the authorized
representatives of all parties hereto.
This Agreement constitutes the final and complete agreement and understanding between the parties regarding
the subject matter hereof. All prior and contemporaneous Agreements and understandings, whether oral or
written, are to be without effect in the construction of any provisions or term of. this Agreement if they alter, vary or
contradict this Agreement.
Termination of Agreement: Each Party to this agreement may terminate it upon sixty (60) days advance written
RFQ 07-09, Employment & Labor Law Legal Services
Contract: Littler Mendelson, P.C.
Page 2 of 3
Firmwide:82985296.1 800000.3 500
DRAFT 8/28/07 3:51 PM
notification. Absent such notification, this Agreement and its terms will continue from year to year.
Littler Mendelson, P.C. and City of Fayetteville, their successors, executors, administrators and assigns hereby
agree to the full performance of the covenants herein contained.
WITNESS OUR HANDS THIS DAY OF , 2007.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
BY
Dan Coody, Mayor
ATTEST:
BY
SONDRA SMITH, City Clerk
Consultant Firm's Authorized Signature
BY
PRINTED NAME AND TITLE
ATTEST: CONSULTANT FIRM'S ADDITIONAL
AUTHORIZED REPRESENTATIVE
BUSINESS ADDRESS
RFQ 07-09, Employment & Labor Law Legal Services
Contract: Littler Mendelson, P.C.
Page 3 of 3
Firmwide:82985296.1 800000.3500
DRAFT 8/28/07 3:51 PM
LITTLER MENDELSON, P.C. RATE PROPOSAL
TO CITY OF FAYETTEVILLE
This is in response to your request for a proposal from our firm regarding legal representation of
the City of Fayetteville for its labor and employment matters. Littler focuses on employment law
and labor relations matters and utilizes technology in sharing and disseminating information
internally and with clients. This focus enables us to deliver the highest quality services and
obtain client objectives with greater efficiency for an overall lower cost than firms with lower
hourly rates, but less expertise, experience, and efficiency.
Littler staffs its matters very cost effectively. We typically use teams consisting of only one
shareholder and one associate at the appropriate level of experience. Our hourly rates in each
office are determined by local market conditions (for example, we charge more in New York
than in Columbus).
We understand that every client's needs are unique. We are willing to explore with you a range
of alternative fee arrangements that will meet your mutual objectives of cost containment and
fairness. Littler Mendelson has developed a number of fee arrangements with individual clients
as dictated by circumstances of budget, scheduling, and level of representation. These have
included the following: Per Case or Per Phase Fee Caps for Routine Litigation Cases, Fixed
Fees for Arbitration/Mediation Cases and Immigration Matters, Annual Cap for All Litigation,
Fixed Fees for Transactions, Blended Rates, Volume -Based Discounts, and/or Fixed Fee Advice
Retainer.
Because this would be a new relationship without a history of claims on which to base any
alternate fee structure, we recommend that a flat hourly rate at a significant discount be the basis
for any fee agreement. As such, the following chart represents our recommendation:
Attorney
Scott Summers
Standard
Rate
$365
Rate
$315
Proposed
City of
Fayetteville
$250
Eva Madison
$325
$260
$215
Fayetteville Associates
varies
varies
$175
Firm Shareholders
varies
varies
Firm Associates
varies
varies
* 25% discount on lowest available rate
Fi rmwi de:82 849922.1 800000.3 500
ARKANSAS
CITY OF FAYETTEVILLE
113 W. Mountain St.
Fayetteville, AR 72701
REQUEST FOR .QUALIFICATIONS
RFQ # 07-09
Employment and Labor Law Legal Services
RFQ #: 07-09
DATE ISSUED: Tuesday, June 12, 2007
DEADLINE: Friday, June 29, 2007 at 2:00 PM, Central Standard Time
PURCHASING AGENT: Andrea Foren, Room 306 — (479) 575-8220
City of Fayetteville, Arkansas
RFQ 07-09, Employment & Labor Law Legal Services
Page 1 of 4
EX1i161T%l�
REQUEST FOR QUALIFICATIONS
LEGAL SERVICES
RFQ #07-09, Employment & Labor Law Legal Services
CITY OF FAYETTEVILLE, ARKANSAS
The City of Fayetteville, Arkansas is requesting statements of qualifications for an attorney or
law firm to serve as an attorney of record for the City in instances of employment law or wage
and hour litigation.
Scope of Services:
The City seeks to retain the services of an independent attorney to provide advice and counsel
to the City in the specialized area of employment, labor, and wage & hour law in instances of
actual litigation.
Requirements:
Applicants must be licensed to practice law in Arkansas, be admitted to practice before the
Federal District Court for the Western District of Arkansas, and possess experience in the area
of employment and labor law.
Applicants must include the following information with their response:
a. Past record of malpractice claims or professional conduct claims including the
outcome and resolution,
b. Representative list of clients for whom employment law services have been
performed.
Selection Process:
A. Fees shall not be included with the qualifications but will be considered during the
negotiating process and will be a factor in the award of any proposed contract.
B. This contract shall automatically renew at the option of the City of Fayetteville for up to
five one-year terms. Either party may terminate this contract by giving the other party 30
days written notice of termination.
City of Fayetteville, Arkansas
RFQ 07-09, Employment & Labor Law Legal Services
Page 2 of 4
i.
C. In evaluating the qualifications of each firm or individual, the following items shall be
considered (assigning point ranges for each element from 20% to 40%, so that the total of
the four elements combined equals 100%):
35 Points (1) Specialized experience and technical competence of the firm with
respect to employment and labor law;
30 Points (2) Capacity and capability of the firm to perform the work in question
including specialized services, within the time limitations fixed for the
completion of the project;
25 Points (3) Past record of performance of the firm with respect to such factors
as control of costs, quality of work and ability to meet schedules and
deadlines; and
10 Points (4) Firm's proximity to and familiarity with the area in which the
project is located.
Terms and Conditions:
1. Qualifications must be submitted no later than June 29th, 2007, 2:00 P.M., Central
Standard Time. Qualifications received after this date and time will not be opened or
accepted for consideration.
2. Qualifications should be mailed or hand -delivered to:
City of Fayetteville
Purchasing Division, Room 306
113 West Mountain Street
Fayetteville, AR 72701
3. Six (6) copies of each statement of qualification should be provided, in addition to one
(1) electronic copy. The use of PDF documents is highly recommended but not
required.
3. Qualifications must be labeled "RFQ 07-09, Employment and Labor Law Legal
Services" on the outside of the sealed envelope.
4. Awarded firm must provide and maintain in force at all times during the term of the
contract Errors and Omissions Liability in not less than the amount of $1,000,000. Proof
of such shall be submitted within ten (10) calendar days after contract award.
5. It shall be clearly understood that any costs incurred by the Proposer in responding to
this request is at the Proposer's own risk and expense as a cost of doing business, and
City of Fayetteville, Arkansas
RFQ 07-09, Employment & Labor Law Legal Services
Page 3 of 4
the City of Fayetteville is not liable for reimbursement to the Proposer for any expense
so incurred, regardless of whether or not the proposal is accepted.
6. The competitive selection for such this request for qualification shall be conducted by a
review committee which shall include one Alderman appointed by the Mayor to serve
and represent the Council, the Mayor (or representative), the Finance & Internal
Services Director (or representative), the involved Department Heads, appropriate city
personnel and may include professionals, and/or individuals with expertise in the
community.
5. All questions related to Qualifications should be addressed to
Andrea Foren
Purchasing Agent
aforen@ci.fayetteville.ar.us
(479)575-8220
City of Fayetteville, Arkansas
RFQ 07-09, Employment & Labor Law Legal Services
Page 4 of 4
Statement of Qualifications
City of Fayetteville, Arkansas
To Provide Employment and Labor Law Counsel and Representation
June 2007
LITTLER MENDELSON, P.C.
THE NATIONAL EMPLOYMENT & LABOR LAW FIRM' aye
'e
ARKANSAS
Submitted By:
Littler Mendelson, PC
3608 N. Steele Boulevard
Suite 214
Fayetteville, AR 72703
Contact:
Eva C. Madison
(479) 442-3677
emadison@littler.com
L.;FI'i.°1:1?;: Vt1iv.f7111.aSgi\T, P.C. Statement of Qualifications to City of Fayetteville, AR
CONTENTS
Executive Summary ................................................. :...........
WhyLittler?.........................................................................
SpecialtyAreas....................................................................
StaffingPlan........................................................................
Attorney Diversity...............................................................
Commitment to Technology ................................................
Appendices
..............................................1
..............................................2
..............................................4
............................................14
............................................15
............................................20
A. Map and List of Littler Mendelson Locations
B. Attorney Biographies
C. Littler Mendelson's Training Solutions and Publications
The City of Fayetteville's images taken from the Internet are displayed here strictly for the purpose of communicating our firm 's
proposed legal services. We have not used these images in any other publications
and would not do so without first obtaining permission.
1...1:7:`1.hlaft MEjND:I T..,S0\, P.C. Statement of Qualifications to City of Fayetteville, AR
EXECUTIVE SUMMARY
Littler Mendelson is pleased to present the City of Fayetteville, Arkansas ("the City of Fayetteville") with
our capabilities to provide employment law counsel and advice and to defend the City of Fayetteville in
employment litigation. We believe that the exclusive focus of our practice, our wide geographical
presence and case success throughout the United States uniquely position us to be of maximum value to
the City of Fayetteville in achieving its goals. We look forward to building the relationship between your
company and our firm.
By working with Littler to address your employment matters on a nationwide basis, the City of
Fayetteville will realize significant immediate and tangible benefits in terms of seamless efficiency of
work and cost containment, while receiving legal services of the highest caliber. Some of the more
significant advantages are summarized below:
Experience — Founded over 60 years ago, Littler Mendelson has a proven and distinguished track
record. In its area of practice, Littler Mendelson has more clients, more cases, more lawyers, more
knowledge of laws and decisions and more experience in more jurisdictions than any other law firm.
Depth and Expertise — While every Littler Mendelson attorney practices labor and employment law,
many of our lawyers have full-time practices that are exclusively devoted to subspecialties, such as
class action prevention and litigation, labor relations and employee benefits. We do not just specialize
in employment law — we specialize within employment law.
Geography — With 43 offices strategically located across the country in 25 states, Littler is in more
cities, more states and more venues than any of our competitors. Our lawyers are members of the bar
in 41 states and the District of Columbia and have appeared as counsel in state or federal court in all
50 states.
Global Partner — In addition to our connections with international counsel worldwide, our clients
benefit from Littler's Global Corporate Migration Law Group. This multicultural, transnational, full-
service practice provides employment law and international migration solutions for companies around
the world.
Recognition — Littler Mendelson is The American Lawyer's top Go -To Firm® for labor and
employment chosen by Fortune 500 companies and has been recognized in both The National Law
Journal and Corporate Counsel Magazine as the #1 choice for employment law counsel by Fortune
250 companies.
We fully recognize that any law firm you select must be knowledgeable in national, state, and local
employment laws throughout the United States and must be accessible to provide advice and counsel
immediately. Littler Mendelson is uniquely qualified to meet the City of Fayetteville's needs.
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1,1'.1:'rt,r,,K.1?1.1.iVI):i,.'.1 aiv, P. C. Statement of Qualifications to City of Fayetteville, AR
WHY LITTLER?
We Are Where You Need Us
With 600 attorneys practicing in 43 offices coast-to-coast, we are the largest law firm in the United States
exclusively representing management in employment law. Our attorneys consistently remain on the
cutting edge of employment law developments in all U.S. jurisdictions.
One of the advantages of having such geographic diversity is that Littler Mendelson attorneys know the
legal "landscape" well—the plaintiffs' bar, judges, clerks, arbitrators and mediators, typical jury pools,
and the local rules and procedures. As the map in Appendix A indicates, Littler Mendelson is strategically
located in metropolitan areas throughout the country.
Littler Is the Ultimate Expert on Employment and Labor Law Compliance
For the last three years, one of Littler's strategic initiatives has been to support and develop the
Employment and Labor Law Domain of the Open Compliance and Ethics Group (OCEG). Over 50 Littler
attorneys have worked on this initiative, outlining 14 areas of employment and labor law legal
requirements and guidelines. It is expected that OCEG requirements and guidelines will become the
national and international standard for corporate compliance in all areas of law. Littler has been
instrumental in Employment Law Compliance, and assisting the OCEG Employment and Labor Law
Domain set standards and guidelines that will become the metrics for measuring employment and labor
law compliance within the corporation.
Our Experience with National Clients
As a law firm, Littler Mendelson has represented more than 50,000 employers in virtually every industry.
In addition; with the globalization of the business community, we increasingly work with clients
throughout the world. Littler has extensive experience representing major corporations on a regional or
national basis in employment litigation and related matters.
Littler Mendelson has represented the nation's largest companies for over 60 years. We remain committed
to the goals of each individual client and recognize that no two companies are the same. The specific
needs of each client must be carefully considered and assessed. That commitment extends to hiring and
retaining the best legal talent, regardless of gender, race, national origin, or orientation. To that end, we
have frequently received notations for our diversity efforts, including the ranking by American Lawyer
Magazine as first among the nation's 100 largest Firms in the percentage of women equity partners.
The following is a representative sampling of some of our national/regional clients:
24 Hour Fitness USA, Inc. Adecco
AGL Resources AmerisourceBergen Corporation
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'PC. Statement of Qualifications to City of Fayetteville, AR
AMR Corporation
AON Corporation
Applera Corporation
Caesars Entertainment, Inc.
CaremarkRX
Cendant Corporation
Cisco Systems, Inc.
Clear Channel Communications, Inc.
Dean Foods Company
Dow Chemical Company
Ferguson Enterprises, Inc.
Fresenius Medical Care NA
Hewlett-Packard Company
Johnson & Johnson
Kraft Foods, Inc.
Masco Corporation
The McGraw-Hill Companies, Inc.
Parker Hannifin Corporation
Penske Truck Leasing Co.
Pitney Bowes, Inc.
Praxair, Inc.
Rent -A -Center, Inc.
Safeway, Inc.
Sara Lee Corporation
Solectron Corporation
Sony Electronics, Inc.
Sunrise Medical, Inc.
Swift Transportation Company, Inc.
Waste Management, Inc.
Yellow Transportation, Inc.
Malpractice Claims/Professional Conduct Claims
Regarding malpractice cases filed by former clients, over approximately the last five years, there have
been five cases filed, no judgments entered against the Firm, and three settlements. One settlement
involved payment by the former client to the Firm. One of the two pending cases is associated with
collection proceedings our Firm initiated, and the Firm is vigorously contesting both pending matters.
There have been a small number of claims for professional misconduct filed with state bar associations,
virtually all filed by disgruntled opposing parties or their counsel (none filed by clients), and none
resulting in any finding of professional misconduct.
There was one widely publicized sanction finding by a US Magistrate on an International Truck case.
However, what was not publicized is that the Federal District Court Judge later refused to adopt the
Magistrate's findings, and thus no sanctions issued. The plaintiffs' counsel did file bar charges in that case.
Those are pending, however there has been no adverse finding by the applicable state bar.
It should be noted that none of these actions or claims arose out of the Northwest Arkansas office.
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P.C. Statement of Qualifications to City of Fayetteville, AR
SPECIALTY AREAS WITHIN EMPLOYMENT AND LABOR LAW
Employment law is all we practice. This means that the Littler attorney you work with is capable of
answering practically all of your day-to-day questions with little to no research required. With more
employment and labor attorneys than any firm in the United States, Littler can provide you with expertise
in every sub -field, and most likely has successfully solved a similar legal issue. Our attorneys, including
those we would propose for the City of Fayetteville, have counseled and represented management in
thousands of employment law matters in every major industry.
In addition to Eva Madison, who would likely lead your team of employment and labor attorneys, the
City of Fayetteville can draw on the expertise of Littler attorneys in specialized areas of employment law.
Some of these areas of expertise are described below.
➢ APPELLATE PRACTICE
One mark of a great firm is a deep well of legal talent that can not only try cases to verdict but also
take cases to the "next level," the appellate courts. Over the last 5 or so years, Littler attorneys
throughout the United States have won federal and state employment and labor law appeals. The
Firm's cases have made law, changed or confirmed workplace practices, or simply saved clients
money. What makes Littler's appellate practice so effective and invaluable is our ability to:
• Identify and preserve potential appellate issues while the case is still in trial;
• Efficiently assess the merits and likelihood of success of an appeal after trial;
• Handle any and all aspects of the appellate process;
• Prepare writs, achieve results when seeking extraordinary relief, and analyze the cost-
effectiveness of seeking such relief, and
• Consult and prepare amicus curiae briefs when appropriate.
i BUSINESS RESTRUCTURING
While the art of the deal is in the details, the elements involved with the labor, employment, and
benefits aspects can add a deal -breaking level of complexity to any transaction. Over the last twenty
years, Littler attorneys have managed the details of thousands of major transactions, including some
of the largest deals in the industries involved. Every day, Littler attorneys in the Business
Restructuring Practice Group (BRPG) use their experience and knowledge of employment, labor, and
benefits practices to help clients meet their business objectives by:
• Minimizing risk;
• Favorably structuring deal components;
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• Identifying and resolving important, but often overlooked, human relations and management
culture issues;
• Performing deal -related due diligence; and
• Partnering with human resource professionals to ensure that post -closing initiatives are
implemented.
Whether it is an underfunded pension plan burrowed deep into a multibillion -dollar merger, a pending
employment litigation or a potential union liability that threatens to derail an important acquisition,
our attorneys have the skills to quickly identify and resolve outstanding employment, labor, or
benefits issues of any acquisition, merger, carve out, or other corporate transaction. Littler's BRPG
attorneys are there with you throughout every stage of the transaction, regardless of what side you are
on, to help ensure your objectives are met and the deal is transacted to your satisfaction.
CLASS ACTION AVOIDANCE AND DEFENSE
Regardless of its merits, an employment class action can threaten the reputation, good will and
economic standing of your company. At Littler, we focus on protecting and defending employers
from employment class actions. Our Class Action Practice Group has litigated numerous
discrimination class actions, FLSA collective actions and state labor code class actions on behalf of
major multi -outlet employers throughout the nation, and prevailed against the plaintiffs' bar's most
prominent firms. Every day, many more of the nation's employers turn to us to assess their class
action risk, and identify and remedy vulnerable workplace policies and procedures before they
become problems.
9 EMPLOYEE BENEFITS
What once was a simple, and effective way for employers to provide their employees with security
and stability has become, especially for large .employers, a complex set of financial and legal
complexities. At Littler, we understand the strategic importance employee benefits has for businesses.
Our Employee Benefits Practice ranks with the nation's most sophisticated and has the capacity to
handle virtually any benefits related matter, for any size or type of employer, wherever they happen to
be located.
Every day, HR professionals and corporate counsel rely on us for everything from practical plan
advice to complex, strategic solutions, such as those involved with a business restructuring,
conversion of a pension plan or termination of a retiree medical benefit.
• We regularly provide advice regarding all aspects of executive compensation arrangements.
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Statement of Qualifications to City of Fayetteville, AR
• We help clients reduce their financial and legal obligations in connection with underfunded
pension plans.
• We advise on how to structure acquisitions to take best advantage of the latest regulatory or
legislative changes.
• We help companies put in place compliance safeguards for their 401(k) plans to prevent
problems stemming from employee or government action.
• And we also have benefits litigation teams in place to mount an aggressive defense in the
event a plan or fiduciary comes under attack.
Because of our experience in the workplace as employment attorneys, we understand the wider
implications of each issue. Whether it's a benefits question, problem or opportunity, we have the
multidisciplinary knowledge and capability to provide a unique and creative solution that best meets
the client's business needs, both now and for the future.
EMPLOYMENT LITIGATION
Avoiding litigation is a top priority for most employers, and Littler attorneys are experienced in
providing advice and counseling that minimizes the risk of litigation. While the Firm frequently
advises clients on preventive and cost-effective alternatives, civil litigation is an unavoidable reality
in the business world and is a significant part of Littler's practice. When facing employment
litigation, employers need fast, effective, and focused legal assistance.
Littler represents clients before state and federal trial and appellate courts in lawsuits pertaining to
every employment matter, including:
• Wrongful discharge claims;
• Civil litigation involving overtime wages, unpaid commissions, vacation pay, and severance
pay;
• Contract and labor disputes;
• Unfair competition;
• Employment discrimination; and
• Sexual harassment.
Littler helps clients nationwide prepare for litigation and represents employers of all sizes in almost
every industry. The Firm has the knowledge and resources to act quickly when a lawsuit arises, and
help limit clients' exposure and costs. Firm attorneys' litigation experience affords them up-to-date
knowledge on how courts are ruling, allowing them to pursue cutting edge strategies for clients.
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PC. Statement of Qualifications to City of Fayetteville, AR
Littler takes a broad view of each case, considers how it affects the client's overall employment
picture, and works to achieve outcomes that meet the client's business goals.
➢ IMMIGRATION
Littler's Global Corporate Migration Law Group is a multicultural, transnational, full service
corporate migration law practice providing immigration solutions for global companies around the
world. Begun as a collaboration between the employment and labor law firm Littler Mendelson and
the immigration boutique Bacon and Dear, the group has quickly become a leading provider of in and
outbound immigration solutions for many of the world's leading businesses. Our attorneys have
extensive experience and knowledge in the following areas:
• Analysis, design and implementation of individual business immigration applications,
worldwide;
• Design, implementation, and monitoring of corporate migration policies and procedures;
• Company -wide strategic immigration advice at the highest intellectual and creative level;
• Customized processes to measure performance objectives against actual results to provide
continuous improvement;
• On-line, secure, "24/7" web access to company managers, Human Resources and visa
employees to provide real-time information about case status;
• Preparation of clients for direct testimony before the Congress regarding employment -based
immigration initiatives;
• Development of liaison relationships with CIS, various consulates and American Chambers
of Commerce around the world to explain clients' needs and the ."real world" challenges they
face due to government processes;
• Client -specified reports that provide information to client managers by selected field or case
sorting; and
• Reports updating clients about important migration developments around the world.
With a client -focused approach, combining state of the art technology with good, old-fashioned
customer service, we are able to help clients throughout the world design and implement global
migration strategies, efficiently process thousands of immigration assignments, and resolve
immigration challenges, whenever and wherever they do business.
➢ INTERNATIONAL EMPLOYMENT AND LABOR LAW
As the global economy continues to flatten and the need to look beyond one's borders for partners
and talent becomes more critical, employers increasingly find themselves in unfamiliar legal territory.
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To help gain their bearings, a growing number of global organizations rely on the counsel of Littler
Mendelson's International Employment and Labor Law Practice.
• The International Practice brings the Firm's considerable employment, labor, and benefits
experience to bear on the complex legal problems associated with establishing, staffing, and
sustaining global operations.
• Littler's International Practice helps multinational clients analyze local employment and labor
conditions in the face of changing corporate dynamics, including mergers and acquisitions.
• Firm attorneys draft and modify expatriate employment contracts, develop globally
applicable employment policies, assist with terminations and work reductions, and advise
clients on standards of global conduct.
• And our affiliated practice, Littler Global, helps our largest clients move thousands of
employees across and between international borders.
Over the last several years, the Firm has developed working relationships with strategic partners
around the world, allowing Littler to be the single point of contact for global legal needs, from
moving and tracking employees and supervising the quality of the local legal work product to
ensuring compliance with global codes of conduct, and complex laws such as the Foreign Corrupt
Practices Act, the Patriot Act, and Sarbanes-Oxley.
In addition to their practice, Littler attorneys have written extensively on international employment
law subjects and have become authorities on such critical issues as data privacy and global
employment contracts.
➢ LABOR MANAGEMENT RELATIONS
Although the percentage of America's unionized workers is at an all-time low, the labor movement is
still very much a powerful international force that wields enormous. influence over the nation and its
employers, organized or otherwise. Almost every business strategy or decision -from mergers and
acquisitions to downsizing and outsourcing -has the potential to be affected by labor issues.
For more than six decades Littler has represented management in its dealings with organized
employees and their union representatives, serving as counterpoint to the world's most powerful labor
organizations. Littler's Labor Practice Group is comprised of over 160 attorneys, many of whom
began their legal careers at the National Labor Relations Board (NLRB).
As business partners, Littler attorneys take a strategic approach to every engagement, helping
employers:
• Manage representation elections;
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1..1.'1:1':IaLa alai\T.I):I.]:.:Sf)N,.C. Statement of Qualifications to City of Fayetteville, AR
• Negotiate contracts;
• Prepare for and respond to strikes;
• Arbitrate grievances; and
• Minimize the effectiveness of corporate campaigns.
Littler attorneys have represented employers before thousands of NLRB and state labor relations
agency hearings, and have regularly defended and pursued clients' labor interests in the federal
courts. Littler advises employers which have no experience with unions, as well as employers which
have decades -old, mature bargaining relationships. Whether an employer is confronted with mass
picketing outside its facility, or has just learned that a union is trying to organize its employees, Littler
has the depth of experience to guide management to advantageous, legal, and practical solutions.
➢ OFCCP PRACTICE
The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) has
dramatically shifted its enforcement agenda in the last several years away from affirmative action
compliance to remedying and enforcing systemic discrimination practices. As the Solicitor of Labor
has said on more than one occasion, he views the Department of Labor as the largest plaintiff's
employment law firm in the country, very well poised to investigate and enforce the nation's civil
rights laws, with OFCCP being a key component in that agenda. In 2005, the OFCCP conducted
approximately 3,000 audits and obtained in excess of $45 million in remedies from cases that it
closed that same year.
Littler's OFCCP Practice Group has extensive experience representing government contractors from
the beginning to the end of the audit process.
• We evaluate OFCCP's jurisdictional claims against employers that do not have contracts or
subcontracts with the federal government using the single entity test and OFCCP's 27 -
question questionnaire.
• If the contractor is covered, we can prepare affirmative action plans very cost-effectively on a
flat fee basis using leveraged data analysts and proprietary software that we developed
ourselves.
• Every affirmative action plan that we prepare is reviewed by an attorney who has defended
audits and knows how OFCCP is going to examine the data for indicators of systemic
discrimination.
• For clients that choose to use a consulting company to prepare their plans, we can evaluate
the plans with an eye towards OFCCP's systemic discrimination agenda.
• We evaluate contractor compensation practices, including developing regression analyses in -
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LI7:':C`.l:alaa .MEi ar"I'.1sm" P.C. Statement of Qualifications to City of Fayetteville, AR
house and ensuring that compensation analyses disclosed to OFCCP pass the OFCCP's initial
compensation assessment at the desk audit stage.
• We respond to follow-up requests for information with an eye towards providing OFCCP
with the information it needs to close an audit promptly.
• We prepare managers and employees for OFCCP interviews, and we defend manager
interviews during on -sites.
• Our counseling practice is extensive, including some of the nation's leading authorities on the
implementation of the final Internet Applicant rule and the practical implications for
employers.
i PRIVACY AND DATA PROTECTION
As part of Littler's Compliance Practice, the Privacy and Data Protection (P&DP) Task Force focuses
on emerging privacy issues facing today's employers. From background checks and cross-border
transfers of information within multi -national corporations to employee "blogging," more and more
aspects of the employer-employee relationship are raising privacy concerns, such as:
• Responding to and reducing the risk of workplace ID theft;
• Complying with HIPAA Privacy and Security Rules;
• Developing appropriate workplace policies regarding technology, communications,
workplace monitoring, drug and alcohol testing, employee assistance; and
• Employee claims alleging a confidentiality, privacy or security breach.
Our attorneys advise a wide range of businesses on successfully navigating the intersection of privacy
law and today's technologically driven -workplace. We are at the forefront of this developing area,
and our goal is to find innovative ways to help clients maximize available technology while
minimizing their exposure to litigation and government enforcement actions.
➢ UNFAIR COMPETITION AND TRADE SECRETS
In a world where loyalty has become a four-letter word, and tomorrow's biggest competitor may be
sitting two doors down from you today, protecting your human and intellectual capital has become a
major priority. And while you cannot patent your clients or business processes, you can protect them.
At Littler, safeguarding the ideas and people that drive your business' success is the cornerstone of
our Unfair Competition and Trade Secret Practice (UCTS) Group.
As the nation's largest firm devoted • exclusively to employment and labor law, we are in the unique
position to counsel and represent employers in disputes involving unfair competition, trade secrets
and covenants not to compete. We understand not only the business ramifications of these situations,
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l_:17:1'.fzla:fi .V11.aiV.(7:Il:.:SU1; P.C. Statement of Qualifications to City of Fayetteville, AR
but the employment implications as well. Our UCTS Group regularly represents businesses from all
industries.
• We help thein to respond quickly and decisively in matters involving potential theft of trade
secrets, disclosure of confidential information, customer and employee raiding and violations
of covenants not to compete;
• We help providing guidance to companies to investigate and evaluate their options including,
get into court immediately, when they need to do so, and address the problem; and
• We assist businesses in drafting confidentiality and noncompete agreements tailored to their
particular jurisdictions and needs.
• We frequently counsel companies about how to hire employees from competitors without
finding themselves at the receiving end of a lawsuit; and
• We are regularly sought out by such esteemed institutions as the ABA and BNA as authors
and lecturers on the subject of trade secret and competitive practices.
> WAGE AND HOUR
For a business transaction as fundamental as paying employees for the work they do, there are an
unseemly number of challenges and complexities involved. Wage and hour practices must comply
with the technical requirements of state and federal labor codes, employees must be properly
classified, and appropriate records must be kept to avoid drastic penalties. Wage and hour practices
can fall under scrutiny in the event of an audit by the Department of Labor (DOL) or the Department
of Labor Standards Enforcement (DLSE), or when hit with a lawsuit from a current or former
employee.
Littler's Wage and Hour Practice Group has the breadth and depth of expertise to handle wage and
hour disputes brought in all forms, including state and federal departments of labor, as well as civil
litigation brought by employees and former employees for such issues as overtime wages, unpaid
commissions, vacation pay, and severance pay. The Firm represents large and small companies, and
assists not only in resolving litigation, but bringing companies into compliance with the relevant
wage and hour laws and minimizing penalty payments. When necessary, Littler can review and assess
company -wide operations to modify employee programs, such as bonus plans, severance plans,
commission plans, and vacation policies, to ensure state and federal compliance.
The sheer volume of wage and hour cases Littler attorneys have handled affords them valuable, up-to-
date knowledge of how the administrative agencies and courts are ruling on cases, and allows them to
pursue cutting edge strategies that benefit clients' cases.
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RC. Statement of Qualifications to City of Fayetteville, AR
Y WORKERS' COMPENSATION
From compliance issues and insurance rates to compensation for injury or illness, employers carry the
great burden of maintaining a safe workplace and properly handling employee claims. Considering
costs involved with employee injury and illness, it is in employers'. best interests to make workers'
compensation compliance and claims handling a priority.
• Littler's Workers' Compensation Group specializes in this complicated area of the law, and
understands the complex relationships between employers, insurance carriers, claims
administrators, and employees.
• Littler attorneys work with employers to proactively maintain proper plans and documents,
such as injury and illness prevention plans, and train employees to implement those plans.
• The Firm conducts workplace site assessments and evaluations to ensure compliance with
safety regulations.
• In the event of an injury, the Firm provides counsel and works with employers to develop and
implement effective claims handling and monitoring procedures.
By providing employers with proactive advice and recommendations, Littler can help employers
reduce the chances for workplace injuries and be well-positioned in the event of litigation. As the
nation's largest employment and labor law firm, Littler is uniquely prepared to handle workers'
compensation cases that involve other employment laws including discrimination, disability, or
unemployment, with equal ease.
Because workers' compensation litigation can greatly affect other aspects of an employer's business,
Littler attorneys work closely with the employer during litigation to achieve the most beneficial
solution.
➢ WORKPLACE SAFETY
Employers have no greater responsibility than protecting employee safety and health. In recent years,
there has been a dramatic increase in the number of both occupational safety and health regulations,
with which employers must comply, and the civil and criminal penalties faced by employers when
they fail to do so. Littler's Workplace Safety Practice was formed to help employers meet their
obligations and protect them from litigation and penalties and their employees from illness and injury.
• Every day, the Firm works with companies nationwide.
• Littler provides guidance on the application of Federal -OSHA and corresponding state
standards and regulations to their workplaces and operations. We advise and represent clients
during OSHA inspections or injury/illness investigations.
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• We assist employers in achieving compliance and avoiding OSHA breaches.
• We frequently prepare or review written safety programs, standard operating procedures,
safety rules, and employee handbooks for compliance with local, state, and federal statutes.
Through the Firm's work in the courts and administrative agencies, Littler attorneys are at the
forefront of the law. They help keep employers well ahead of any regulatory or administrative
changes, and potential legal quagmires. Further, the Firm proactively educates clients, with an entire
network in place to give managers the tools they need to keep the workplace safe, comply with
regulations, avoid injuries, and protect against liability.
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P.G. Statement of Qualifications to City of Fayetteville, AR
STAFFING PLAN
The City.of Fayetteville's Representation Will Be Coordinated by Eva C. Madison
Eva C. Madison, Of Counsel in our Fayetteville office, will serve as the primary contact for the City of
Fayetteville. In this capacity, she will be responsible for managing the relationship, assigning attorneys,
reviewing all billings and resolving any issues that may arise. This arrangement will allow City of
Fayetteville to draw on Eva's collective knowledge of the expertise of Littler attorneys in all areas of
employment law as well as her knowledge and understanding of the City of Fayetteville — its goals,
policies, programs, personnel, practices, and priorities. She will be working closely with her colleague in
the Northwest Arkansas office, Scott Summers.
Eva has extensive experience in managing multiple attorney legal projects, national client relationships,
and the representation of major corporations. She dedicates herself to providing day-to-day counsel for
her clients, and understanding how she can best serve their needs.
Eva's biography, as well as Scott's, is included in Appendix B.
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PC. Statement of Qualifications to City of Fayetteville, AR
ATTORNEY DIVERSITY
While we are the nation's largest employment and labor law firm, our strength lies not just in our size, but
in our diversity and depth of experience. At Littler, we view diversity not as an end to be pursued for its
own sake, but as a core cultural value that is critical to our continued success. Difference breeds genius,
and without the ability to pool from the entire universe of available talent, we would not be able to offer
or sustain the high level of service that our clients expect, nor would we be the firm that we are today. We
are not only committed to recruiting and retaining a diverse workforce, but also to providing an inclusive
environment where ideas are exchanged freely and everyone is given the opportunity for advancement.
At Littler, we recognize that diversity's importance extends far beyond our practice. The workplace has
changed dramatically, and whatever the future brings, it will look nothing like the past. With diversity
comes vast pools of new talent and energy — and challenges. Companies that can't, or won't, manage
diversity effectively will most likely perish. In the short run, they will face increased exposure to lawsuits.
But ultimately, without the ability to recruit and retain top -tier talent, and keep up with and understand the
needs of diverse consumers, suppliers and employees, they will be overtaken by competitors who do
understand and embrace diversity's importance.
While our internal diversity initiatives enhance our practice and ability to represent our clients
successfully, our diversity training and Diversity Practice Group provide businesses with the tools they
need to recognize and utilize diversity to the fullest extent.
Internal Diversity Initiatives
The Firm's commitment to diversity is exemplified by the work and progress of our Diversity Council.
With the support and active participation of senior management, the Council is responsible for both the
strategic direction and the implementation of the Firm's diversity initiatives.
Diversity Council and Advisory Group
Established in 2003, the Diversity Council works to codify and enhance the inclusive culture at Littler. By
charter, Littler's Diversity Council is made up of a small group of attorneys and executives who have
demonstrated through their experience and actions a strong commitment to the ideals and goals of
diversity. To assist the Diversity Council with its mission, Littler formed a Diversity Advisory Group,
which brings to the effort the added experience, perspectives and insight of Firm attorneys, managers, and
staff. While the Council and Advisory Group are responsible for formal initiatives and strategy, they also
have become an invaluable and integral part of the way the Firm implements its strategies regarding a
variety of critical issues, including, but not limited to, recruiting, providing advice on a host of client
issues, and identifying business and career growth opportunities.
Littler Mendelson Page 15
...17:'1'Tat,:It. 1tT1 iVl�l 7:.,50 , P.C. Statement of Qualifications to City of Fayetteville, AR
The top four goals of the Diversity Council are:
• Enhance Littler Mendelson's recruiting efforts to promote the hiring of individuals from diverse
backgrounds;
• Promote diversity within the firm and encourage those from diverse backgrounds to network with
others in our profession to gain knowledge, develop business and encourage one another;
• Include attorneys from diverse backgrounds in the Firm's management, leadership, and training
and client development opportunities; and
• Assist our clients in meeting their diversity goals.
Affinity Groups
Littler has established discussion forums for its attorneys to discuss and explore issues of inclusion
through the creation of affinity groups. Although the affinity groups are focused on .particular areas of
inclusion, membership is open to all attorneys. Each of the affinity groups allow the Firm's attorneys to
come together to engage in candid dialogue concerning strategies for success within the Firm, including
the enhancement of skill sets and business development, while at the same time promoting the diversity
that each attorney brings to Littler. For example, Littler hosted a diversity `Kollo" in Chicago to foster
discussion and inclusiveness for African-American attorneys. Similarly, a diversity "Reuni6n" was held
in San Diego during which attorneys had the opportunity to collaborate on issues of diversity and
inclusion for Hispanic and Latino attorneys. These forums allowed attorneys to meet in person to develop
internal support networks, gain professional development skills, and discuss creative ways to promote
diversity within the Firm and the legal profession. The collective experience of attendees at these summits
was overwhelmingly positive, and has greatly enhanced the Firm's retention efforts. To build on this
success, additional summits are planned for other affinity groups within the Firm.
Through the Littler Diversity Council, the Firm has established a Gay/Lesbian/Bisexual/Transgender
Subcommittee to promote awareness, inclusion, and support for GLBT issues, both within and outside the
Firm. The Firm also created the Parents Advisory Group to address work -life balance issues, and to
support attorneys with families. In addition to promoting an inclusive environment at Littler, the Firm
provides non-traditional career paths for attorneys who may choose an alternative to the shareholder
(partner) track. Littler offers opportunities for attorneys to work part-time, or serve as staff attorneys with
the Firm's Knowledge Management team or Legal Learning Group.
Diversity Symposium
In 2006, the Firm held a comprehensive Diversity Symposium at its annual flagship Executive Employer
Conference& The Symposium was designed to focus on implementing diversity plans that work by
bringing together some of the best minds and brightest leaders in diversity across the country for a
Littler Mendelson I Page 16
1l i DJ.i'frS0NI . P.C. Statement of Qualifications to City of Fayetteville, AR
collective conversation. Littler was able to successfully map a direction of diversity that is proof of its
own success.
Littler Diversity*
• 27.5% of our associates are attorneys of color
• 59.1 % of our associates are women
• 8.8% of our shareholders are attorneys of color
• 25.9% of our shareholders are women
• 16.6% of our attorneys are persons of color
• 43.1% of our attorneys are women
• 26.1% of our entire workforce are persons of color
*As of March 2007
Community Outreach
The Diversity Council, the Diversity Advisory Group, and the Firm participate in numerous diversity
related events each year. Here are a few of the many diverse organizations and events on the national
level we proudly support:
• MCCA — Minority Corporate Counsel Association
• HNBA — Hispanic National Bar Association
• NBA — National Bar Association
• NAPABA — National Asian Pacific American Bar Association
• NASABA —North American South Asian Bar Association
• NLGLA - National Lesbian and Gay Law Association
• CMCP - California Minority Counsel Program
• CYOC — Chart Your Own Course Foundation
• NELC — National Employment Law Council
• Corporate Counsel Women of Color
• National Association of Women Lawyers
• National Conference of Women's Bar Associations
• American Bar Association's Labor & Employment Law Section, EEO Committee- Diversity Task
Force
Littler Mendelson Page 17
..I1'RaVDIaSUtiC.TLStatement of Qualifications to City of Fayetteville, AR
In addition to national organizations, Littler and its attorneys are proud to support a long list of local
organizations including the following, to name just a few:
• Northwest Arkansas Diversity Council
• Atlanta Legal Diversity Consortium
• Thurgood Marshall Scholarship Association
• Twin Cities Diversity in Practice
• J.L. Turner Legal Association — Dallas
• Pan Asian Lawyers of San Diego
• Haitian Lawyers Association — Miami
• Latin Chamber of Commerce — Las Vegas
• Washington State Bar Association — statewide diversity conference
• Lesbian and Gay Bar Association Chicago
• Mexican American Bar Foundation
• Earl B. Gilliam Bar Association - San Diego
• Southern Institute for Business and Professional Ethics Diversity Committee
• John M. Langston Bar Association — Los Angeles
• Dallas Bar Association — Asian Pacific Interest Section .
• Lawyers Club of San Diego
• National Association of College and University Attorneys Annual Conference Luncheon for
African American Attorneys
• DiversityBusiness.com Conference on Minorities and Women in Business
• Mexican American Legal Defense and Education Fund (MALDEF)
• Asian Pacific American Bar Association — Los Angeles
• Asian American Bar Association of Houston
• Los Angeles Gay and Lesbian Chamber of Commerce
• Women's Bar Summit
• Women's Bar Associations Initiative on the Advancement and Retention of Women
• Black Law Students Association, University of Denver Sturm College of Law
• UCLA School of Law — Law Firm Diversity Reception
• Tom Homann Law Association — San Diego
Littler Mendelson Page 18
F3.Mhi\GE.:.:SO1, PC. Statement of Qualifications to City of Fayetteville, AR
The Firm has been recognized for diversity efforts by clients, community organizations, and the media:
• Littler received the 2007 Multicultural Heritage Award, honoring diversity in the workplace, from
the San Diego Business Journal.
• Littler's corporate culture video entitled "Diverse by Design," produced by company Frame
Productions, was the recipient of the 2006 Silver Davey Award.
• The Firm was honored as the 2005 winners of ChevronTexaco's Law Firm Diversity Recognition
Program;
• Littler has repeatedly been listed as one of the top ten in the VAULT'S Best 20 Law Firms for
Diversity; and
• An American Lawyer survey ranked Littler Mendelson first among the nation's 100 largest Firms
in the percentage of women equity partners.
Littler Mendelson Page 19
1...I`I'1'IzE:{i..1r11a1\E7:1]:.507, PC. Statement of Qualifications to City of Fayetteville, AR
COMMITMENT TO TECHNOLOGY
Littler Mendelson shares the City of Fayetteville's commitment to the collaborative use of technology in
accelerating service, reducing costs and sharing knowledge. We have made a strategic decision to invest
substantially in technology, recognizing that this investment would allow us to service our clients' needs
faster, more accurately, and more efficiently. As Littler continues to invest in technology we listen to our
clients in order to understand both their legal and business needs and deliver the right solutions at the
right cost.
All Littler attorneys are issued state-of-the-art laptops with wireless remote access and portable telephone
extension capabilities. Most attorneys also carry BlackBerries for additional connectivity. Whether they
are in our offices, hotels, airports or their homes, our attorneys have direct access to email, documents and
Littler's knowledge management systems. By providing remote network accessibility for our individual
attorneys, and in some instances to our clients, and by . providing a reliable and secure technology
infrastructure, Littler has rendered geographic separation virtually meaningless in providing client
services.
Littler has also made extensive use of our intellectual capital by deploying an enterprise -wide document
management system that allows us immediate and efficient access to work which has been done in the
past by Littler attorneys. The system also allows us to efficiently collaborate on documents between our
offices, coast-to-coast. Littler has deployed a firmwide IP telephone system that links every office to
provide a seamless communications network of voicemail, call forwarding, and in many cases, services
directly into attorney's homes.
Knowledge Management
Littler Mendelson's Knowledge Management (KM) Department enhances the ability of our attorneys to
readily access the Firm's considerable knowledge and resources enabling our attorneys to better and more
efficiently serve the needs of our clients. With its dedicated staff of experienced employment attorneys
and technologists, the KM Department has adapted and developed technologies and applications to create
a unique intranet environment used daily by the Firm's attorneys. Through this technology platform,
attorneys can access for their clients the latest legal developments, legal surveys, precedent documents,
the expertise of the Firm's practice group specialists and the collective knowledge of Littler's 600
attorneys. The KM Department is also responsible for the Firm's various publications including The
National Employer (winner of the 2005 Burton Foundation Award for best legal compendium), Littler's
ASAP and Insight newsletters, and the Littler Monitor, a subscription service that provides a legislative
and regulatory update, via extranet.
The KM Department also develops specialized extranets for clients in order for them to gain access to the
Firm's knowledge base on a 24/7 basis. The KM Department can set up client extranets providing access
Littler Mendelson Page 20
P.C. Statement of Qualifications to City of Fayetteville, AR
to, among other things, the Firm's 50 -state survey library, an on-line version of the National Employer
publication, and client -specific documents and templates.
Generally, developing these client extranets requires close coordination between the client and Littler's
KM Department to identify the specific requirements necessary to satisfy the client's needs. There are a
number of options available in terms of the content to be shared, as well as the format in which the
information is presented.
Littler Mendelson's Litigation Practice Support Department
Consistently adhering to the highest standards in representing employers while recognizing the
complexities of today's workplace, Littler has developed a Practice Support Department whose primary
purpose is to leverage technology in the implementation of standard protocols for electronic discovery
and litigation support. Littler's Practice Support Department is comprised of highly trained and
experienced litigation support professionals who know how to streamline the organization, management,
and presentation of case information and provide each Littler office with access to best of breed litigation
support technologies and services. Our attorneys are well-equipped to handle any matter — large or small.
Littler Mendelson's Practice Support Department can be engaged early on to consult with Littler attorneys
and in-house counsel on case management and litigation support best practices that serve the company's
requirements and case needs. Littler's Practice Support Department assists with preservation of evidence,
incorporating technological solutions with legal intelligence, electronic document management and trial
preparation using technologies such as Summation, CaseMap, Trial Director and other leading-edge
programs.
Electronic Records Management
Littler is in the process of converting from a paper-based system to a fully electronic records management
system. Littler prides itself in our ability to serve the needs of our clients through our attorney's expertise
in all areas of labor and employment law across all 50 states. Our electronic records management system
will allow the seamless and cost-effective management of the City of Fayetteville's cases, while
maintaining the highest level of security and adherence to new regulations for records management.
Electronic Billing Capabilities
We are currently collaborating with several of our clients on e -billing software including Data Cert,
Serengeti, Tri -Point, Examen and TyMetrix. Should Littler be selected to provide legal services for the
City of Fayetteville, the use of e -billing software for all billing would be easy to implement. Further, we
would not charge the City of Fayetteville for e -billing set up fees.
Littler Mendelson I Page 21
P.C. Statement of Qualifications to City of Fayetteville, AR
Appendices
A. Map of Littler Mendelson Locations
B. Attorney Biographies
C. Littler Mendelson's Training Solutions and Publications
Littler Mendelson Appendix
69y Ana:
San Franc!
Walnut &rc
San Jose
Sant
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Orange Cot
.L:ia:rl:'f:al 'i3.'M'r;;i\J),I LSO -\t, P.C. Statement of Qualifications to City of Fayetteville, AR
APPENDIX A: MAP OF LITTLER'S OFFICES AND STATES IN
WHICH LITTLER ATTORNEYS ARE ADMITTED TO PRACTICE
0 Littler Mendelson office locations
Littler Mendelson Appendix
oxen
rd
11[l.aN17:I :1.,SQN, P.C. Statement of Qualifications to City of Fayetteville, AR
ATLANTA, GA
3348 Peachtree Rd.,
N.E., Suite 1100
Atlanta, GA
30326.1008
404.233.0330
404.233.2361, fax
BOSTON, MA
One International
Place
Suite 2700
Boston, MA 02110
617.378.6000
617.737.0052, fax
CHARLOTTE, NC
Bank of America
Corporate Center
100 North Tryon St.
Suite 4150
Charlotte, NC 28202
704.972.7000
704.333.4005, fax
CHICAGO, IL
200 North LaSalle St.
Suite 2900
Chicago, IL
60601.1014
312.372.5520
312.372.7880, fax
CLEVELAND, OH
1100 Superior Avenue
20th Floor
Cleveland, OH 44114
216.696.7600
216.696.2038, fax
COLUMBIA, SC
Capitol Center Tower
1201 Main St.
Suite 1100
Columbia, SC 29201
803.799.9760
803.799.9837, fax
COLUMBUS, OH
Fifth Third Center
21 East State St.
Suite 1600
Columbus, OH
43215.4228
614.463.4201
614.221.3301, fax
DALLAS, TX
2001 Ross Avenue
Suite 2600
Lock Box 116
Dallas, TX
75201.2931
214.880.8100
214.880.0181, fax
DENVER, CO
One Tabor Center
1200 17th St.
Suite 1000
Denver, CO 80202-
5835
303.629.6200
303.629.0200, fax
FAYETTEVILLE, AR
3608 North Steele
Blvd.
Suite 210
Fayetteville, AR 77703
479.442.5376
479.442.3765, fax
FRESNO, CA
5200 North Palm Ave.
Suite 302
Fresno, CA
93704.2227
559.244.7500
559.244.7525, fax
HOUSTON, TX
1301 McKinney St.
Suite 1900
Houston, TX
77010.3031
713.951.9400
713.951.9212, fax
INDIANAPOLIS, IN
1300 First Indiana
Plaza
135 North
Pennsylvania St.
Indianapolis, IN 46204
317.581.6355
317.581.6354, fax
IRVINE, CA
1920 Main St.
Suite 900
Irvine, CA 92614
949.705.3 000
949.724.1201, fax
KANSAS CITY, MO
2300 Main St.
Suite 900
Kansas City, MO
64108
816-488-3558 x3561
816.488.3558, fax
LAS VEGAS, NV
3960 Howard Hughes
Parkway, Suite 300
Las Vegas, NV
89109.5937
702.862.8800
702.862.8811, fax
LOS ANGELES, CA
2049 Century Park
East
5th Floor
Los Angeles, CA
90067.3107
310.553.0308
310.553.5583, fax
MELVILLE, NY
532 Broadhollow Rd.
Suite 142
Melville, New York
11747
631.293.4525
631.293.4526, fax
MIAMI, FL
One Biscayne Tower
2 S. Biscayne
Boulevard
Suite 1500
Miami, FL 33131.1804
305.400.7500
305.603.2552, fax
MINNEAPOLIS, MN
1300 IDS Center
80 South 8th St.
Minneapolis, MN
55402.2136
612.630.1000
612.630.9626, fax
MOBILE, AL
Riverview Plaza
63 South Royal St.
Suite 709
Mobile, AL
36602.3245
251.432.0413
251.432.0427, fax
NEWARK, NJ
One Newark Center
8th Floor
Newark, NJ 07102
973.848.4700
973.643.5626, fax
NEW HAVEN, CT
110 Washington Ave.
3rd Floor
North Haven, CT
06473
203.234.6344
203.234.6345, fax
NEW YORK, NY
885 Third Avenue
16th Floor
New York, NY
10022.4834
212.583.9600
212.832.2719, fax
Littler Mendelson Appendix
a�.';1Ml�,Nl):I 1:.,SoN. ' Rful Statement of Qualifications to City of Fayetteville, AR
ORLANDO, FL
4767 New Broad St
Orlando, FL
32814-6405
407. 514.2637
407.514.2638, fax
PHILADELPHIA, PA
Three Parkway
1601 Cherry St.
Suite 1400
Philadelphia, PA
19102.1321
267.402.3000
267.402.3131, fax
PHOENIX, AZ
Camelback Esplanade
2425 East Camelback
Rd. .
Suite 900
Phoenix, AZ
85016.4242
602.474.3600
602.957.1801, fax
PITTSBURGH, PA
Dominion Tower
625 Liberty Avenue
26th Floor
Pittsburgh, PA
15222.3110
412.201.7600
412.456.2377, fax
PORTLAND, OR
1750 SW Harbor Way
Suite 450
Portland, OR
97201.5128
503.221.0309
503.226.2791, fax
PROVIDENCE, RI
10 Weybosset Street
Suite 404
Providence, RI 02903
401.454.2903
401.454.2969, fax
RENO, NV
50 West Liberty Street
Suite 400
Reno, NV 89501-1944
775.348-4888
775.786-0127, fax
SACRAMENTO, CA
2520 Venture Oaks
Way
Suite 390
Sacramento, CA
95833.4227
916.830.7200
916.561.0828, fax
SAN DIEGO, CA
501 W. Broadway
Suite 900
San Diego, CA
92101.3577
619.232.0441
619.232.4302, fax
SAN FRANCISCO, CA
650 California St.
20th Floor
San Francisco, CA
94108.2693
415.433.1940
415.399.8490, fax
SAN JOSE, CA
50 West San Fernando
St.
14th. Floor
San Jose, CA
95113.2431
408.998.4150
408.288.5686, fax
SANTA MARIA, CA
(satellite)
2643 Industrial
Parkway
Santa Maria, CA
93455.15.03
805.934.5770
805.937.1510, fax
SEATTLE, WA
Bank of America
Tower
701 Fifth Avenue
Suite 6500
Seattle, WA
98104.7097
206.623.3300
206.447.6965, fax
STAMFORD, CT
(satellite)
One Stamford Plaza
263 Tresser Blvd.
9th Floor
Stamford CT 06901
203.564.1493
203.564.1402, fax
STOCKTON, CA
(satellite)
7488 Shoreline Drive
Suite A-3
Stockton, CA
95219.5433
209.472.7944
209.472.9528, fax
TYSONS CORNER
8200 Greensboro
Drive
9th Floor
McLean, VA 22102
703.442.8425
703.442.8428, fax
WALNUT CREEK,
CA
2175 North California
Boulevard
Suite 835
Walnut Creek, CA
94596,3565
925.932.2468
925.946.9809, fax
WASHINGTON, D.C.
1150 17th St.
NW, Suite 900
Washington, D.C.
20036
202.842.3400
202.842.0011, fax
LITTLER GLOBAL,
AZ
3003 N. Central
Suite 700
Phoenix, AZ 85012
602.256-6700
602.257-0600, fax
Littler Mendelson 1 Appendix
P.G. Statement of Qualifications to City of Fayetteville, AR
APPENDIX B: ATTORNEY BIOGRAPHIES
Eva C. Madison
Fayetteville Office
3608 N. Steele Blvd.
Suite 214
Fayetteville
Arkansas 72703
Telephone: (479) 442-5376
Fax: (479) 442-3765
Email: emadison@littler.com
Emphasis
Litigation of Employment Law Matters
Advice and Counseling on Personnel Matters and Practices
Advice on Human Resources Policies and Systems
Management and Employee Training
Biography
Ms. Madison represents and advises employers of all sizes in all aspects of
employment law throughout the United States. Her practice focuses primarily on
employment litigation, including claims of race, gender, national origin, religious,
disability, and age discrimination and harassment, claims under the Family and
Medical Leave Act, and employment contract disputes. Additionally, she
counsels employers on strategies for minimizing potential litigation and provides
advice on the practical and legal implications of everyday employment decisions.
She has particular experience advising employers on human resources systems,
including selection systems and training.
Prior to joining Littler Mendelson, Ms. Madison practiced law with prestigious
law firms in Tennessee and Arkansas, where she represented and counseled
employers in a variety of employment matters, and worked in-house in the area of
employment litigation for a Fortune 50 company.
Education
J.D., summa cum laude, University of Arkansas, Fayetteville, Arkansas, 1998
Editor -in -Chief of the Arkansas Law Review
Member of the National Moot Court Team
B.S., magna cum laude, Vanderbilt University, Nashville, Tennessee, 1993
Publications
The Supreme Court Sets New Standards of Review for Excessive Verdicts in
Federal Court in Gasperini v. Center for Humanities, Inc., 50 Ark. L. Rev. 591
(1997).
Published Decisions: Stuhan v. Atlantis Plastics Injection Molding, Inc., No. 05-
2088, 2006 WL 1805966 (W.D. Ark. June 29, 2006); XO Communications
Services, Inc. v. Southern Telecom, Inc., No. 05-3018, 2006 WL 1155946 (W.D.
Littler Mendelson i
1 Appendix
'SON PC Statement of Qualifications to City of Fayetteville, AR
Ark. May 1, 2006); Wilson v. Wal-Mart Stores, Inc., No. 3:04CV000206-WRW,
2006 WL 318828 (E.D. Ark. Feb. 9, 2006); Richardson v. Wal-Mart Stores, Inc.,
No. 04-00734, 2006 WL 62826 (W.D. Mich. Jan. 11, 2006); In re Estate of
Williams, No. M2000-02434-COA-R3-CV, 2003 WL 1961805 (Tenn. Ct. App.
Apr. 28, 2003).
Lectures & Presentations
Ms. Madison is an Adjunct Professor at the University of Arkansas School of
Law where she has taught a course on employment discrimination since 2004.
Honors & Awards
Ms. Madison was named to the Northwest Arkansas Business Journal 's "40
under 40" Young Leaders List in 2005. In 2002, she won the Nashville Bar
Association's Enterprise Award for creative service to the legal profession.
Activities
American Bar Association (Labor and Employment Law Section)
Arkansas Bar Association (Labor and Employment Law Section)
Oklahoma Bar Association
W.B. Putman Inn of Court (Barrister)
Benton County Bar Association
Washington County Bar Association
Humane Society of the Ozarks, President 2005-2007; Board of Directors since
2002.
Habitat for Humanity of Washington County, Volunteer Coordinator for 2005
House that Jane Built.
Ozark Affiliate of the Susan G. Komen Breast Cancer Foundation, Legal Advisor.
Junior League of Northwest Arkansas, Active Member.
University of Arkansas Black Law Student Association Moot Court Team, 2006-
07 Coach.
Cases/Courts/Judges
Arkansas (1998)
Oklahoma (1998)
Tennessee (1999)
United States District Court for the Eastern and Western Districts of Arkansas
Middle District of Tennessee
Eastern District of Tennessee
Western District of Michigan
Eighth Circuit Court of Appeals
Littler Mendelson j Appendix
RC. Statement of Qualifications to City of Fayetteville, AR
Ms. Madison served as a law clerk to the Honorable G. Thomas Eisele, Senior
United States District Judge, Eastern District of Arkansas, from 1998-99.
Littler Mendelson Appendix
I,1"I:`1"1_lai. 1Tl. i\.C7Ia]:.:5{Ji�r, P.C. Statement of Qualifications to City of Fayetteville, AR
R. Scott Summers
Emphasis
Employment Litigation
National Labor Relations Board Proceedings
Collective Bargaining, Labor Arbitration and Union Avoidance,
Responding to Corporate Campaigns
Human Resources Policies, and Procedures
Biography
Fayetteville Office R. Scott Summers is Office Managing Attorney of the firm's Northwest
3608 N. Steele Blvd. Arkansas office. He has practiced labor and employment law for over 18
Suite 214 years. Mr. Summers represents employers in various industries, and ranging
Fayetteville from small businesses to Fortune 100 companies, on cases throughout the
Arkansas 72703 United States. He has been involved in over 50 union organizing
Telephone: (479) 442-5376 campaigns, multiple corporate campaigns and numerous labor arbitration
Fax: (479) 442-3765 cases and collective bargaining negotiations. Additionally, he litigates cases
Email: ssummers@littler.com in various federal and state courts around the country and before various
administrative agencies including the NLRB, EEOC and OSHA. Mr.
Summers also, regularly advises employers on day-to-day personnel matters
and practices, including assistance with employee separations and the
drafting of severance agreements designed to protect employers.
Prior to joining Littler, he was managing attorney for an office of a large
multi -practice Arkansas firm and has been in - house in the Labor
Relations and Employment Practices Divison of a Fortune 50 company.
Education
J.D., Louis D. Brandeis School of Law, University of Louisville, 1988
B.S., Eastern Kentucky University, 1984
Cases/Courts/Judges
1988, Kentucky; 2006, Arkansas
Eastern and Western Districts of Kentucky
Eastern and Western Districts of Arkansas
Sixth, Seventh and Eighth Circuit Courts of Appeal
Littler Mendelson Appendix
..ME: N[[7l?usoi r, %C. Statement of Qualifications to City of Fayetteville, AR
APPENDIX C: TRAINING SOLUTIONS AND PUBLICATIONS
Littler has focused its efforts on employment law training more so than any other law firm. Littler
Mendelson's seminars, workshops, conferences, briefings, publications, and in-person, video and
computer-based training, through its in-house training division and affiliated entities, reflect the firm's
commitment to problem prevention.
TRAINING FOR YOUR ORGANIZATION
Legal Learning Group (LLG)
A division of Littler Mendelson, LLG was created to assist employers in complying with employment law
requirements with a full range of training solutions, including: classroom training, train -the -trainer, one-
on-one training, live on-line webinar, and self -study programs.
Employment Law Learning Technologies (ELT)
An affiliate training organization of Littler Mendelson, ELT provides employers with the highest quality
online training, with a special focus on harassment prevention and ethics & code of conduct education.
ELT's state-of-the-art e -learning programs for managers and employees have now been used by more
than 1,000,000 learners in leading organizations across the United States. ELT offers superior legal
content, an engaging user experience, flexible delivery options, enterprise -wide tracking and exceptional
customer service. ELT is the only e -learning provider that designs and maintains up-to-date solutions in a
truly integrated, day-to-day partnership with world-renowned practicing legal experts at Littler
Mendelson.
CONFERENCES AND BRIEFINGS
The Executive Employer° Conference
In a complex world full of questions, The Executive Employer Conference, held each spring, offers you a
unique opportunity to .spend two full days considering the solutions. The Executive Employer is the
premier employment law conference produced specifically for senior level executives and in-house
employment counsel.
Mixing intense subject area study with informal discussions and topical roundtables, the Conference
provides a rare opportunity to delve into the critical employment law topics that matter to you most. From
the dynamic opening General Session to the lively break-out sessions focusing on Litigation, Compliance,
and Legal Currents, you will have the opportunity to hear from senior litigators, top thought leaders, and
your peers from some of the world's leading companies.
Littler Mendelson Appendix
Statement of Qualifications to City of Fayetteville, AR
Breakfast Briefingss'm
Littler Mendelson offers periodic educational training programs on individual topics of particular interest
to employers. Past Breakfast Briefings have addressed such issues as deferred compensation, FLSA,
sexual harassment, combating workplace violence, affirmative action, avoiding litigation and conducting
disciplinary investigations, to name only a few.
SEMINARS
Offered to the general public live and over the Web, the Seminars integrate LLG's training experience
with Littler's wealth of employment law knowledge to deliver thought-provoking and interactive
instructional programs that build skills and develop the expertise necessary to solve the most pressing and
complex employment law problems.
➢ Live In -Person Training: Led by LLG's pool of attorney -educators, live training programs blend
custom curricula, subject matter expertise, innovative multimedia, and engaging scenarios based on
real world cases and experience. These lively and entertaining sessions are designed to encourage
audience participation and to get managers and employees to think proactively about the issues and
trouble spots they face every day in the workplace.
➢ Train -the -Trainer Services: With in-house training programs facing increased scrutiny, employers
need to take a closer look at how their in-house educators are trained. Using similar methods that
have made our employee training programs so successful, LLG's attorney -educators will guide your
HR professionals, attorneys, and managers through the essential components of conducting
employment law courses.
➢ E -Learning: e -Learning is the most efficient way to train large numbers of employees cost
effectively. ELT's solutions are available via the Internet, 24/7, with seamless tracking of individual
training records. ELT focuses its efforts on harassment and discrimination prevention training as well
as ethics & code of conduct education. To date, ELT has trained more than 1,000,000 learners at
leading organizations across the United States.
For clients that benefit most from a blend of live and online training, ELT operates as Littler's
alliance partner in providing training solutions. ELT courses employ real-life interactive scenarios
and Q&A exercises -to guide managers and employees through key workplace compliance issues, and
can be customized for company -specific presentations. Courses include:
• Workplace Harassment • EEO
• Ethics & Code of Conduct • Lawful Hiring
• Workplace Diversity • Lawful Terminations
• Cyber Policy • Workplace Violence
• Workplace Privacy
Littler Mendelson ; Appendix
1,I.'.I:'1.1'XIIi. MEi\.l)1?
]N4.1 ival 1.:S0N1 , P.C. Statement of Qualifications to City of Fayetteville, AR
• Mid -Atlantic (Delaware, Maryland, Pennsylvania, Virginia, and the District of Columbia)
• Nevada
• Rocky Mountain (Colorado and Utah)
• Southern (Georgia, Florida, North Carolina, and South Carolina)
• Texas (includes CD-ROM)
• Tri-State (New York, New Jersey, and Connecticut)
• Upper Midwest (Illinois, Minnesota, Ohio, and Wisconsin)
• Washington
Compliance Bookstore
Publications and videos written by leading employment law practitioners and subject matter experts
contain up-to-date legal research and analysis on a wide range of employment law topics and include
materials tailored to every level of your organization.
These materials include:
Manuals and Guides
➢ Employment Law Trials: A Practical Guide with CD-ROM. A practical guide designed to prepare
the seasoned employment lawyer, junior litigation associate, or personal injury lawyer for the unique
aspects of trying an employment case.
➢ Managing Workplace Harassment: A Guide for Preventing, Addressing and Resolving
Harassment Issues on the Job. This comprehensive guide was developed by practicing labor and
employment attorneys with many years of experience in litigation and counseling employers about
workplace harassment. Written to be clearly understood by a general audience, the guide walks the
employer through the entire policy process, pointing out common pitfalls along the way and
providing proven strategies that will keep the employer on the path toward a harassment -free
workplace.
➢ Retaliation & Whistleblowing: A Guide for HR Professionals & Counsel. Provides practical
information on such topics as: overview of retaliation claims; retaliatory discharge; Sarbanes-Oxley,
federal and state statutes; best practices; and hot topics.
➢ The Boss's Survival Guide. This book provides hands-on, real-world advice on how to hire,
motivate, and keep today's higher-level, less -loyal employee.
➢ Threat Assessment: A Risk Management Approach. Detailed "how to's" of threat assessment from
the initial contact to the sharing of results. Introduction by Garry G. Mathiason, Senior Shareholder
Littler Mendelson.
Littler Mendelson I Appendix
1...1 ..1. 13"R 1j11>i\'1717"SOFT. P.G. Statement of Qualifications to City of Fayetteville, AR
Educational Videos
➢ Avoiding Litigation Landmines. This program uses a compelling dramatization to teach your
managers how to avoid litigation landmines that can cost them and your organization millions of
dollars.
➢ Harassment and Diversity: Respecting Differences. Harassment is not just about sex. It can also be
about race, religion, age, disabilities and other protected characteristics. This dramatic story shows an
all -too -common situation, where friction between employees grows from "just kidding around" into
illegal harassment.
➢ Legal Survival Skills for the Modern Manager. It's not easy to be a supervisor these days. You've
got to get the job done --often with fewer employees and a tighter budget. Plus, you're expected to
know exactly what to do or say every time a "people problem" comes up. This video was created to
help you find your way through the maze of employment laws and regulations, while at the same time
maximizing the performance of your workers.
➢ Patterns — A Sexual Harassment Prevention Series. Patterns takes on the behavioral challenge,
arming employees and managers with the information they need to prevent sexual harassment and the
tools that will help them respond when incidents occur. Through a series of short dramatizations, this
program describes common patterns of illegal or inappropriate behavior at work and how best to
respond.
➢ Workplace Violence: First Line of Defense. As the second -leading cause of workplace deaths,
violence represents a challenge to employers who' must be prepared to respond to and manage these
incidents. This program uses an interview with a convicted perpetrator, as well as a compelling
dramatization to communicate the impact of this problem.
Online Subscriptions
➢ Auditing Your Organization's Compliance with the California Labor Code — Annual On-line
Subscription Service. Created by Littler Mendelson in cooperation with the Legal Learning Group,
the compliance materials provide you with the tools required to assess your business's compliance
level with literally hundreds of the Labor Code provisions.
➢ The National Employer Handbook — Annual Online Subscription. The National Employer
subscription provides access to the online, searchable software version of Littler's National Employer
handbook.
Training Workbooks
➢ Preventing Workplace Harassment - Set of 25 Interactive Employee Workbooks. This harassment
self -study workbook for employees is the only one with content provided by Littler Mendelson. These
workbooks are the easy and economical way to train employees on preventing workplace harassment.
Littler Mendelson Appendix
sai _1?CIa1TU1?a:.:SUN, , C. Statement of Qualifications to City of Fayetteville, AR
They are also the perfect solution for employees who need retraining or orientation, or when live or
computer-based training is not available.
Newsletters
➢ Littler Monitor. The Littler Monitor is a legislative and case law update e -newsletter available
exclusively to Firm clients. The Littler Monitor focuses on both state and federal employment- related
legislation that has been signed into law in the previous quarter, as well as any significant case law
developments in the federal and state appellate courts. The Littler Monitor not only lists new
legislation and cases, but also provides substantive legal analysis and practical suggestions for
implementing the new requirements. Occasional bonus features are included, such as articles on
employment law trends or proposed legislation to follow regarding major employment issues. The
Littler Monitor is designed to keep companies operating in multiple states up to date on legal changes
that will likely affect their business operations.
➢ Littler GPS — Guide to Policies by State. Littler GPS is a dynamic online research tool, available
24/7, exclusively for Littler Mendelson clients on a subscription basis. Littler GPS provides quick
access and easy navigation to allow you to search one state or many states on a variety of legal topics.
The convenient design includes references to the specific statutory or case law authority. Updated on
a regular basis, changes to laws and statutes are highlighted in the text of the database. There are
comprehensive annual updates to each subject area as well.
➢
A.S.A.P.Newsletter. From reports on recent law and regulation to coverage of the latest
employment law trends, Littler's ASAPs keep you up-to-date and informed on the legal issues that
impact your workplace.
➢ Littler Report. With dead -on analysis and uncannily accurate forecasts, the Littler Report provides
readers with a comprehensive review of the employment law trends impacting the workplace now and
into the foreseeable future.
➢ Insights. For complex employment and labor law issues, in-house employment counsel count on
Littler's Insight Newsletters for in-depth analysis of today's legal employment challenges.
INTERNET
Our website, www.littler.com, offers access to Littler's compliance tools, attorney biographies, case
studies, practice areas, events, and publications.
Littler Mendelson 1 Appendix
9.21.07 Clarice Pearman - Littler Mende'--- P11'.701
From:
Clarice Pearman
To:
Leflar, Missy
Date:
9.21.07 9:01 AM
Subject:
Littler Mendelson
Missy,
I do not have a signed agreement for the resolution passed by City Council, September 18th. Please let me know when I
might receive one to process the resolution. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, C.A.M.C., C.M.C.
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us