Shareholder 375 Woodcliff Drive 2nd Floor 14450 main: (585) 203-3400 direct: (585) 203-3444 fax: (585) 203-3414 mclemens@littler.com 900 Third Avenue New York, NY 10022 main: (212) 583-9600 direct: (585) 203-3444 fax: (212) 832-2719 mclemens@littler.com Focus Areas Litigation and Trials ERISA and Benefit Plan Litigation Discrimination and Harassment Class Actions Leaves of Absence and Disability Accommodation Overview Margaret A. Clemens is a trial attorney with significant experience in all aspects of employment litigation, including both trial and appellate work. She represents employers, employee benefit plans and their fiduciaries and concentrates her practice in the areas of Employee Retirement Income Security Act litigation and employment discrimination, handling complex ERISA cases and class actions. She has successfully defended against claims alleging: Breach of fiduciary duty Failure to adequately disclose plan terms Prohibited transactions Failure to comply with ERISA's age discrimination prohibitions Improper plan amendments Failure to give proper notice of plan amendments Challenges to modifications and termination of plan benefits, including retiree health care State law claims that are preempted by ERISA She practices in state and federal courts, including at the appellate level, and recently appeared before the United States Supreme Court in an ERISA multi-plaintiff action and in a class action involving the Age Discrimination in Employment Act. She also has significant knowledge of: Title VII 1
The Americans with Disabilities Act The Family and Medical Leave Act The Fair Labor Standards Act The New York State Human Rights Law Margaret also provides clients with employment counseling and training. She has authored articles and conducted numerous seminars on developments in both the ERISA litigation and the employment law areas, including: Strategies for avoiding lawsuits Recent developments in ERISA Laws prohibiting discrimination in employment Preservation of documents and electronic discovery Violence in the workplace Workplace harassment Margaret's clients include: Large manufacturers National retailers Universities and colleges Small businesses Non-profits Founder of Littler Mendelson's Rochester New York office, Margaret previously worked at another firm, where she served as head of the ERISA litigation practice group and served on the firm's diversity and pro bono committees. She was the executive director of the Albany Law Review in law school. Professional and Community Affiliations Member, Board of Directors, Greater Rochester Area Women's Bar Association Co-Chair, Judicial Evaluation Committee, Greater Rochester Area Women's Bar Association President, Board of Directors, Alternatives for Battered Women Member, Executive Committee, Alternatives for Battered Women Member, Personnel Committee, Alternatives for Battered Women Volunteer Attorney, Volunteer Legal Services Project Member, Governor's Task Force on Development of Model Domestic Violence Employee Awareness and Assistance Policies for Businesses Member, New York State Bar Association Member, Monroe County Bar Association Member, Leadership Rochester Former Member, Board of Directors, Girl Scouts of Genesee Valley Member, Finger Lakes LGBT Workplace Alliance Leader, Brownie Girl Scout Troop, Girl Scouts of Genesee Valley 2
Recognition Awarded, AV Peer Review Rating, Martindale-Hubbell Named, Attorney of the Year, New York Daily Record, 2016 Named, The Best Lawyers in America, 2003-2018 Named, Lawyer of the Year, Labor Law - Management, Rochester, The Best Lawyers in America, 2013 Named, Super Lawyer, Upstate New York, Super Lawyers, 2014 Recipient, Kate Stoneman Award, Albany Law School, 2011 Finalist, Athena Award, 2005 and 2008 Recognized, 4th Annual Satthi Dinner, 2008 Finalist, "W" Award, Rochester Women's Network, 2004 Recipient, President's Pro Bono Service Attorney Award, New York State Bar Association, 2003 Recipient, Restore the Hope Award, Alternatives for Battered Women, 2002 Recipient, Pro Bono Award, New York State Women's Bar Association, 1999 Nominee, Nathaniel Award, 1998 Honoree, 100 Heroines, Rochester, 1998 Nominee, President Clinton's Service Award, 1997 Finalist, Golden Rule Award, United Way and J.C. Penney, 1996 Recipient, Attorney Advisor Award, Monroe County Bar Association, 1989 Recipient, William McKnight Volunteer Service Award, Volunteer Legal Services Project, 1987 Education J.D., Albany Law School, magna cum laude B.A., State University of New York at Albany, summa cum laude Bar Admissions New York 3
Courts U.S. Supreme Court U.S. Court of Appeals, 2nd Circuit U.S. Court of Appeals, 9th Circuit U.S. District Court, Western District of New York U.S. District Court, Northern District of New York U.S. District Court, District of Colorado U.S. District Court, Southern District of California U.S. District Court, Eastern District of Michigan U.S. District Court, Western District of Pennsylvania Publications & Press Best Lawyers in America 2018 Edition Honors More Than 200 Littler Lawyers August 17, 2017 The Best Lawyers in America Honors More Than 180 Littler Lawyers in Its 2017 Edition August 16, 2016 Littler Attorneys Recognized in the Best Lawyers in America 2016 Edition August 18, 2015 Littler Attorneys Included in the Best Lawyers in America 2015 Edition August 18, 2014 Second Circuit: Settling ERISA Actions After a Decision on the Merits May Open the Door for Attorney's Fees Littler ASAP September 24, 2013 Littler Attorneys Named in Best Lawyers in America 2014 Edition August 15, 2013 Best Lawyers in America Names 164 Littler Attorneys to 2013 Edition September 7, 2012 4
Best Lawyers in America Names 108 Littler Lawyers to 2012 Edition September 12, 2011 U.S. Supreme Court Rules on Available ERISA Remedies for Misrepresentations About Benefit Plan Changes Littler Insight May 27, 2011 Seventy-Two Littler Attorneys Named to The Best Lawyers in America 2011 August 9, 2010 Littler Mendelson Expands National Litigation Presence October 20, 2009 Speaking Engagements Hot Topics for New York Employers November 1, 2016 2016 Employee Benefits Update - Rochester January 28, 2016 Violence in the Workplace November 10, 2015 Annual NY Legal Update: The Top Employment and Labor Issues Affecting New York Employers November 18, 2014 Adapt, Armor & Avoid New Challenges in Wage and Hour Compliance September 16, 2014 Hot Topics: Current Employment and Labor Issues Affecting New York Employers October 16, 2013 5
Getting it Right: Strategies for Maintaining an Effective Corporate Ethics & Compliance Program April 10, 2013 Leave Me Alone: Handling FMLA Leave Abuse and Post-FMLA Accommodation September 28, 2012 What You Need To Know about the Role of Employment Taxes in Everyday Business Affairs Littler Mendelson, Scottsdale, AZ May 11, 2012 A Look Back / A Look Forward Legal Update: The Top Employment and Labor Issues Affecting New York Employers April 26, 2012 The Employee from Hell Rochester, NY November 17, 2011 A New York Legal Update: The Top Employment and Labor Laws Affecting New York Employers Right Now June 3, 2011 NY Employment Laws Hospice and Palliative Care Association May 2011 New York Benefits Summit New York, NY February 10, 2011 Social Media in the Workplace: Is Your Company the Next Victim? Rochester, NY November 12, 2010 Transgender Issues in Employment Law New York Bar Association May 2010 6
New York Employment Law Update Pittsford, NY January 28, 2010 Pension Litigation in the US 2010 National Conference - ACPM 2010 Update on NY Employment Law Society for Human Resource Management 2010 Health Care Reform Human Resource Association 2010 The Fiduciary Exception to the Attorney Client Privilege ERISA Litigation Conference 2009 7