1,700. Workplace Harassment:

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Amberlynn Andrews
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Crisis Management, Labor and Employment,

1 Workplace Harassment: Board and Management Counseling, Risk Mitigation, Crisis Management, Labor and Employment, Investigative and Litigation Capabilities Fall ,700 attorneys 22 offices Beijing / Boston / Brussels Chicago / Frankfurt Hong Kong / Houston London / Los Angeles Moscow / Munich New York / Palo Alto Paris / São Paulo / Seoul Shanghai / Singapore Tokyo / Toronto Washington, D.C. Wilmington practices

2 Skadden lawyers have a breadth and depth of experience counseling clients through matters involving sexual harassment and misconduct, as well as other discrimination and harassment (e.g., gender, race and disability) in the workplace, providing pragmatic guidance for boards of directors and senior management. Our collaborative approach across practices and geographic regions allows us to quickly and efficiently identify and resolve the legal, reputational and financial risks associated with these claims.

3 Workplace Harassment Counseling Capabilities Recognized as the No. 1 law firm in the country by Corporate Board Member more than any other firm, Skadden counsels boards of directors, board committees, and senior management on a broad range of areas directors and officers duties, risk management, crisis management, labor and employment, internal investigations, regulatory proceedings, litigation, and others associated with allegations of workplace harassment. Corporate Governance Skadden regularly counsels management and directors of public and private companies in connection with a wide range of corporate governance matters, including relating to allegations of harassment and misconduct. We provide advice across a spectrum of areas, including directors and officers duties, risk management, crisis management, public disclosure requirements, lawsuits alleging breach of fiduciary duties, and internal and regulatory investigations of alleged harassment and misconduct. We were one of seven firms to top Chambers USA 2018 s Corporate/M&A Elite rankings. Crisis Management Our extensive, coordinated experience in the areas of corporate counseling, internal investigations, ERISA, Department of Labor, DOJ, SEC and other regulatory proceedings, labor and employee litigation, securities litigation, and congressional and other legislative proceedings are often called upon in dealing with and in many cases are central to managing a corporate crisis such as workplace harassment. We have a long history of successfully representing clients in crisis situations, repeatedly demonstrating our ability to respond quickly and effectively with the right combination of practice capabilities. Together with our clients, we develop and execute targeted strategies for responding to governmental authorities, shareholders, business partners, employees, the investment community and the media. The firm partnered with the National Association of Corporate Directors (NACD) on A Director s Playbook in Crisis Management, a publication focusing on what directors should know in a crisis situation. 3 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

4 Workplace Harassment Counseling Capabilities Investigations and Government Enforcement We handle internal investigations directed by company management, boards of directors and board committees regarding issues such as allegations of harassment or improper conduct. We also advise boards and management on investigations and civil, administrative and criminal proceedings brought by regulatory bodies such as ERISA, Department of Labor, DOJ, SEC, CFTC, FINRA, FTC, OFAC, IRS, federal and state banking regulators and state law enforcement agencies throughout the United States. We recently were named The American Lawyer s 2017 White Collar/Regulatory Litigation Department of the Year. Labor and Employment Law We are experienced in all aspects of labor and employment law, advising public and private companies and their boards on challenges confronting companies, including workplace harassment, discrimination and employment litigation. We represent companies in conducting and guiding workplace harassment investigations, and advise on the conclusions reached and appropriate corrective action. Our attorneys also advise on adopting workplace harassment policies and procedures, and we conduct anti-harassment and anti-bullying training. We advise on hiring and terminating executive and management-level employees, and drafting employment and separation agreements. Skadden is recognized as one of the top-tier firms in the area of labor law by U.S. News Best Lawyers Best Law Firms Securities Litigation We handle some of the most challenging, highstakes securities litigation matters bet-thecompany cases demanding a full range of skills, from experience with internal investigations and civil and criminal proceedings to an understanding of the workings of the SEC and other federal and state regulators. We handle a broad array of issues that arise when a company, director or officer is confronted with a securities class action, derivative-related claims or ERISA-related litigation. We also advise boards of directors and board committees in investigations of shareholder demands, accounting issues and other corporate governance matters. From , Skadden served as defense counsel in more federal securities cases in the U.S. than any other law firm, according to statistics published in Lex Machina s 2018 Top Law Firms report on federal U.S. litigation. Congressional and Other Legislative Proceedings The firm has represented numerous Fortune 500 companies, boards of directors, executives and public officials in high-profile congressional investigations. Our attorneys prepare witnesses to testify before congressional committees, respond to document and information requests, and counsel clients in connection with written reports issued by congressional investigators. Many of our attorneys have served at the highest levels of the federal government, including at the White House, on Capitol Hill, in the DOJ, and at federal agencies such as the SEC, IRS, Treasury Department and the Federal Election Commission. Skadden is ranked in the top tier for corporate investigations in Chambers Global 2018 and Chambers USA Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

5 Selected Experience Harassment and Other Misconduct An Asian oil and gas distributor in a company-wide investigation regarding employee allegations of a hostile work environment and discrimination based on gender and ethnicity. The audit committee of the board of directors of a publicly traded insurance company in an internal investigation, into claims by a female senior executive of alleged gender-based harassment and discrimination against the general counsel. The investigation found no harassment or discrimination, and the matter ultimately was resolved in an out-of-court settlement. Defendants in single-plaintiff sexual harassment cases across various industries, including: - a highly publicized lawsuit against a well-known professional sports figure, which settled favorably; - defense of a member of a renowned 1970s/1980s band, with complex statute of limitations defenses; and - dismissal of a lawsuit against a Los Angeles-based CPA. The employer in a sexual harassment suit in Contra Costa County by four female restaurant employees alleging sexual harassment and sexual assault of one of the plaintiffs (then a minor) by a shift supervisor. A global insurance company in an internal investigation regarding alleged incidents of excessive drug and alcohol use, along with claims of sexual harassment, which occurred at a company off-site. After conducting interviews with those involved, with Skadden s assistance, the company implemented a multi-step action plan which included implementing new company-wide policies and providing additional training for company executives. A global insurance company in an internal investigation into the allegations raised by a former employee regarding a hostile work environment. The investigation resulted in advising the company to accept the employee s resignation, provide severance and conduct additional harassment and discrimination training sessions for all executives. A global manufacturer of electronic components in an internal investigation regarding allegations about the nature of a relationship within the company. Skadden concluded that the allegations were incorrect due to a lack of transparency and no legal action was taken. High-profile defendants, including CEOs, in pre-lawsuit mediations and settlements of sexual harassment claims. A large REIT in an internal investigation regarding a hostile work environment report arising from a senior executive s alleged overly familiar conduct (including hugging and calling female employees hon or babe ). Following on-site interviews with employees that corroborated some of the allegations, our investigation concluded that corrective action was appropriate and the executive was cooperative. No claims were filed. A Midwest manufacturing company in an internal investigation into alleged discrimination. A hotline complaint claimed that employees were discriminated against because of membership to the company s LGBT employee resource group. The investigation concluded that there was no discrimination and suggestions were made to allow the company to better communicate with employee resource groups in the future. A New York-based financial services firm in an internal investigation regarding a hostile work environment. After interviewing all parties, the company reached a resolution with the individual involved. A pharmaceutical company with significant operations on the East Coast in an internal investigation regarding an employee who claimed to have been retaliated against for reporting a male colleague who sexually harassed female colleagues. The investigation concluded that there had not been any harassment or inappropriate behavior and that there was no retaliation. Skadden made recommendations to protect against any future claims by reissuing the company s discrimination policy and holding training sessions about discrimination and retaliation laws. A popular local hotel in a class action by the Equal Employment Opportunity Commission charging the defendant with racially discriminatory recruitment and hiring practices. After expert discovery, the EEOC dismissed its disparate impact claim and the case settled at mediation. A private university in a wrongful termination lawsuit brought by the university s former director of affirmative action, alleging tortious discharge and derivative claims (e.g., defamation, intentional/ negligent infliction of emotional distress, discrimination, harassment, retaliation). The university prevailed on summary judgment in August, 2011, which was later upheld by the California Court of Appeals in Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

6 About Skadden 1,700 attorneys 22 offices 50+ practices We are known for our utmost dedication to client service, commitment to excellence, creativity and resourcefulness in providing innovative advice and novel legal solutions. Skadden advises clients on their most important matters, including mergers and acquisitions, tax, corporate finance, intellectual property and technology, litigation, real estate, banking and arbitration. Through our integrated practices and collaborative approach, we provide significant value and cost-efficiencies by bringing together the exceptional breadth of experience needed to satisfy our clients business objectives. The firm represents many of the largest U.S. and international companies, including approximately one-half of the Fortune 250. Skadden has been named the top corporate law firm in the U.S. in Corporate Board Member s annual survey of America s Best Corporate Law Firms more than any other law firm. Skadden has more matters recognized for innovation than any other law firm in the history of the Financial Times U.S./ North America Innovative Lawyers report. Skadden was recognized among the top firms for client service excellence according to the BTI Consulting Group s 2018 BTI Client Service A-Team Survey of Law Firm Client Service Performance. We also were named among the best of the best at providing value. We had 32 practices included in Band 1 and 64 top-tier attorney rankings the most among any law firm in the 2018 edition of Chambers USA. Additionally, in Chambers Global 2018, Skadden earned 55 top-tier practice and attorney rankings. 6 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

7 Office Locations The Americas Boston Chicago Houston Los Angeles New York Palo Alto São Paulo Toronto Washington, D.C. Wilmington Europe Brussels Frankfurt London Moscow Munich Paris Asia Pacific Beijing Hong Kong Seoul Shanghai Singapore Tokyo Skadden s 22 offices around the globe enable us to serve clients in every major financial center. 7 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

8 Diversity & Inclusion Recognizing that excellence and diversity are inextricably intertwined, we have long made it our mission to recruit, retain and promote a diverse group of attorneys and staff throughout the firm. 8 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

9 Women s Leadership Series helps associates design their own paths to leadership A groundbreaking pipeline program with The City College of New York to help increase diversity in law schools and the legal profession Regularly honored for our diversity and inclusion efforts, including annual recognition from Human Rights Campaign and Women in Law Empowerment One of the first major law firms to launch a Straight-LGBTQ+ Alliance to offer additional opportunities for straight colleagues to be open allies of LGBTQ+ attorneys and staff 1L Scholars Program provides a unique internship that includes working at Skadden, with a firm client and for a public interest organization Affinity groups provide a platform for leadership development for attorneys with diverse backgrounds 9 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

10 Pro Bono Our dedication to pro bono work is a core aspect of our culture and always has stood side by side with our commitment to providing the highest quality legal service to our clients. In 2016, Skadden was named one of Law360 s Pro Bono Firms of the Year. 10 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

11 Externship programs for two decades at the Legal Aid Society in New York and Washington, D.C. and Lawyers Alliance for New York More than 1 million hours performing pro bono legal services firmwide in the last seven years 72% U.S. attorneys > Charter signatory of Pro Bono Institute s Law Firm Pro Bono Challenge 20 hours pro bono work in paid legal fellowships awarded to date through the Skadden Fellowship Program Impact Projects in numerous offices partnering with clients and legal services organizations to provide assistance on a broad scale 11 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

12 Skadden, Arps, Slate, Meagher & Flom LLP and Affiliates

Shafeeqa W. Giarratani

Shafeeqa W. Giarratani Office Managing Shareholder Austin 512-344-4723 shafeeqa.giarratani@ogletree.com Shafeeqa Giarratani is co-managing shareholder of the Austin office of Ogletree Deakins. She represents