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McNamara, Roseman, Martínez & Kazmierski LLP in the NewsIn the News

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McNamara, Roseman, Martínez & Kazmierski LLP in the News

McNamara, Roseman, Martínez & Kazmierski and their cases are in the news regularly. Here are just some of the recent articles we have been featured in.

Winter, 2010, Todd Mcnamara settles an age discrimination and retaliation claim for approximately $200,000: The firm is pleased to announce that Todd Mcnamara recently settled an age discrimination and retaliation claim for approximately $200,000, including pension enhancements, prior to trial

March 1, 2010, President Obama Nominates Bill Martínez To Be A Federal District Judge - It is with great pride that our Firm announces that on February 24, 2010, President Barack Obama nominated Bill Martínez to be a U.S. District Judge on the U.S. District Court for the District of Colorado. In the White House Press Release announcing the nomination, the President complimented Bill on his “long and impressive legal career[,]” and he also stated: “I am honored to nominate [Bill] for the District Court Bench, and am confident [he] will approach the job with the utmost integrity and impartiality.” The President’s nomination still requires Senate confirmation before it is finalized. It is anticipated the confirmation vote by the Senate Judiciary Committee on Bill’s nomination will take place by mid-April, with the final vote by the full Senate not expected for several weeks thereafter.

Winter 2009, Bill Martinez, Barry Roseman and Todd McNamara named Colorado Super Lawyers: The firm is pleased to announce that Bill Martinez, Barry Roseman and Todd McNamara have been once again listed as Colorado Super Lawyers in the area of employment law by 5280 Magazine. Only the top 5% of lawyers practicing in Colorado have been honored with that designation. The firm is the only one representing employees with three attorneys so honored.

Winter 2009,Todd McNamara named to the “Top 50” Colorado Super Lawyers for the second year in a row: The firm is pleased to report that Todd McNamara, in addition to being honored with the Colorado Super Lawyer designation, has also been listed by 5280 Magazine as one of the Top 50 lawyers in all of Colorado for the second year in a row

December 23, 2009, Class Action Against Albertson’s LLC Settled for $8.9 Million: The firm is pleased to announce that on December 15, 2009 U.S. District Court Judge Christine Arguello approved a Consent Decree to settle for $8.9 million a class enforcement action brought by the Equal Employment Opportunity Commission against Albertson’s LLC. The suit alleged the company maintained at its Aurora, Colo. Distribution Center a work environment which was hostile to African-American and Latino employees, and that it discriminated against some of these employees in the terms and conditions of their employment. Bill Martínez represented seven current and former Albertson’s employees who intervened in the law suit in support of the class allegations, and to assert their own individual claims. The firm and its clients played a significant role in the prosecution of this litigation. In addition to the monetary relief, Albertson’s agreed to submit to four years of external monitoring, and to institute an extensive EEO training program for managers.

Winter 2009-2010 - The Firm is pleased to announce that Todd McNamara settled a race and retaliation claim while in the EEOC process for $300,000.

October 26, 2009: The firm is proud to announce that Chief Justice Mary Mullarkey of the Colorado Supreme Court appointed Bill Martínez to the Court’s Judicial Ethics Advisory Board. The Board is made up primarily of judges from several Colorado courts, with the Chief Justice presiding. Bill is the sole attorney member of the Board, the purpose of which is to provide advice on ethical issues to state judges and magistrates who request a written opinion on contemplated future conduct.

September 10, 2009: The firm is pleased to announce that Bill Martínez recently settled a single-plaintiff age discrimination case against one of the country’s largest financial services company for $380,000. This confidential resolution was reached on behalf of a 60-year-old high level manager who alleged he was singled out for layoff notwithstanding an exceptionally strong sales performance record.

Fall 2009, the Firm is pleased to announce that Todd McNamara successfully achieved a $170,000 confidential settlement in a sex discrimination claim. The settlement was achieved prior to the filing of any charges of discrimination or litigation.

Fall 2010, Bill Martínez, Barry Roseman and Todd McNamara Named to The Best Lawyers in America for 2010. The firm is proud to announce that Bill Martínez, Barry Roseman and Todd McNamara were recently selected by their peers for inclusion in The Best Lawyers in America® for 2010, in the field of Labor & Employment Law. Selection for inclusion in Best Lawyers is based on an exhaustive peer-review survey in which more than 25,000 leading attorneys cast almost two million votes on the legal abilities of other lawyers in their specialties.

July 6, 2009, Senators Select Bill Martínez as Finalist for Federal Court Judgeship. The firm is proud to announce that Senators Michael Bennet and Mark Udall recently selected Bill Martínez as one of six finalists to fill two vacancies currently on the U.S. District Court for the District of Colorado. In their Press Release announcing the six finalists, our two Senators described the individuals they selected as “a group of exceptional people who are not only well-qualified to serve as federal trial court judges, but who also have the qualities of intellectual depth, judicial temperament and life experience to make significant contributions to the administration of justice in our federal court.”

The Senators sent the names of these six finalists to President Barack Obama on June 30, 2009. Under the U.S. Constitution, the President will select two persons from this finalist list and nominate them for the federal district court, subject to confirmation by the U.S. Senate. This process is expected to take several months.

April 1, 2009, Bill Martínez Settles Pregnancy Discrimination Case for $460,000. The firm is pleased to announce that Bill Martínez recently settled a pregnancy discrimination case against a large multi-national employer for $460,000. This confidential resolution was reached on behalf of single client while her case was still with the U.S. Equal Employment Opportunity Commission, and before the matter was filed in federal court.

April, 2009, Barry D. Roseman, Todd J. McNamara, and William J. Martinez have been selected for inclusion in Colorado Super Lawyers 2009 - The rankings for Colorado Super Lawyers are determined by a process including peer recommendations, research on nominated Colorado attorneys, and a panel evaluation. Additionally, William J. Martinez and Todd J. McNamara have been recognized as having received one of the Top 50 overall points totals for Super Lawyers across legal fields of practice in Colorado.

February 15, 2009, CBA Appoints Bill Martínez to the Board of Directors of Colorado Legal Services. The firm is proud to announce that the Colorado Bar Association has appointed Bill Martínez to the Board of Directors of Colorado Legal Services (CLS). A Legal Services Corporation grantee program, CLS has assisted persons with low income and seniors in Colorado for over 75 years. The mission of CLS is to provide meaningful access to high quality legal services in the pursuit of justice for as many low income people throughout our state as possible. Bill is thrilled with this appointment, as he began his legal career with Legal Services in Chicago, and he is eager to contribute meaningfully to the critical mission of the agency.

November 15, 2008 - The firm is proud to announce that Chief Judge Wiley Daniel, of the U.S. District Court for the District of Colorado, has reappointed Bill Martínez to a second 3-year term on the Court’s Committee on Conduct. The Committee on Conduct investigates complaints made against members of the Court’s Bar, and recommends to the Court appropriate disciplinary action to be taken. The Committee also makes recommended determinations with respect to applications for readmission filed by disbarred or suspended attorneys.

Fall of 2008 - The Firm is pleased to announce that Todd McNamara has resolved a race discrimination claim for several individuals at the charge stage at the EEOC for $337,500.

Summer of 2008 – The firm is proud to announce that Todd J. McNamara has achieved a $237,500 age discrimination confidential settlement in a matter pending before the EEOC and before filing any litigation.

Summer of 2008 - The firm is pleased to announce that Todd J. McNamara has achieved a $335,000 confidential settlement in a sex discrimination/harassment case. The case was resolved at the EEOC stage prior to filing any litigation.

Summer of 2008 - The firm is pleased to announce that Todd J. McNamara has successfully achieved a $255,000 confidential settlement in a race discrimination claim. The settlement was achieved prior to filing any charge of discrimination or litigation.

June 1, 2008 - The firm is proud to announce that Todd J. McNamara was once again selected as a Colorado Super Lawyer for 2008. Inclusion as a Colorado Super Lawyer is determined by a process including peer recommendations, research on nominated Colorado attorneys and a panel evaluation.

June 1, 2008 - The firm is proud to announce that Bill Martínez was recently selected as one of “The Top 50” Colorado Super Lawyers® for 2008. The rankings for Colorado Super Lawyers are determined by a process including peer recommendations, research on nominated Colorado attorneys, and a panel evaluation. With this designation, Mr. Martínez has been recognized as having received one of the top 50 overall point totals for Super Lawyers across all legal fields of practice in Colorado.

June 1, 2008 - The firm is proud to announce that Bill Martínez, along with co-counsel Timothy Kratz of the law firm of Pendleton, Friedberg, Wilson & Hennessey P.C., have achieved a $730,000 confidential settlement in a single-plaintiff race harassment and discrimination case. The allegations of Bill’s and Tim’s client against the Fortune 500 defendant included the maintenance of a racially hostile work environment, as well as discriminatory terms and conditions of employment.

Spring 2008 – The firm is pleased to announce that Todd J. McNamara achieved a $675,000 confidential settlement in a single-plaintiff sex discrimination/retaliation claim.  The case was resolved prior to filing any litigation while a charge was spending at the EEOC.

April 15, 2008 - Todd McNamara, Barry Roseman and Stefan Kazmierski Settle Race Discrimination Case Against Cisco Systems. "We and our clients are pleased with the result and that Cisco has acted as a good corporate citizen," said Todd McNamara of McNamara, Roseman, Martínez & Kazmierski.

May 11, 2007, Employment Law360 - EEOC Accuses Cisco of Hiring Discrimination

May 10, 2007, San Jose Mercury News - Cisco accused of bias in hiring

May 2, 2007 - The firm is proud to announce that Todd McNamara has once again been named a Colorado Super Lawyer for 2007 by Law & Politics and 5280 magazines. The Law & Politics attorney-led team performs the polling, research and selection of Super Lawyers in a process designed to identify Colorado lawyers who have attained a high degree of peer recognition and professional achievement. Only the top five percent of the lawyers in the state are named Super Lawyers. Mr. McNamara was previously selected in the inaugural edition of Colorado Super Lawyers for 2006.

January 15, 2007, Pueblo Chieftain - Former ASC President Settles for Undisclosed “Substantial” Amount.

October 10, 2006, Denver Post - Suit ties college firing to politics

July 31, 2006, Denver Post - Todd McNamara settles Age Discrimination case for 2.2 million.

July 5, 2006, Pueblo Cheiftan - Judge says former ASC president may sue trustees

June 13, 2006 - McNamara & Martinez LLP is pleased to announce that both Todd and Bill were elected as Fellows of the College of Labor & Employment Lawyers on May 30, 2006. Election as a Fellow to the College, which is by invitation only, is the highest recognition by an attorney’s colleagues of sustained outstanding performance in the profession. The College’s membership includes individuals engaged in private and public practice of labor and employment law in government, education, corporations, the judiciary and labor organizations.

Fewer than 800 practitioners throughout the United States have been granted admission to the College. Todd and Bill are honored to have been selected.

April 27, 2006 - The firm is proud to announce that Todd McNamara has been named a Colorado Super Lawyer for 2006 by Law & Politics and 5280 magazines. The Law & Politics attorney-led team performs the polling, research and selection of Super Lawyers in a process designed to identify Colorado lawyers who have attained a high degree of peer recognition and professional achievement. Only the top five percent of the lawyers in the state are named Super Lawyers. Mr. McNamara was named among the best in Labor & Employment Law.

September 16, 2005, Denver Post - President of Adams State sues, asks to be reinstated

September 16, 2005, Pueblo Cheiftan - Adams State president sues trustees

September 16, 2005, Valley Courier - 'Secrecy' triggers Wueste suit against Adams State trustees

April 9, 2005 - Workers sue Local 7, say overtime not paid

September 1, 2004, Press Release - Former chief Judge of the United States District Court finds intentional violation of overtime rules

February 27, 2004, Denver Post - Prof settles CSU suit for $227,000.

February 27, 2004, Ft. Collins Coloradoan - CSU pays again because of suit against exdean

February 27, 2004, Rocky Mountain Collegian - CSU shells out $227,000 for sexual harassment lawsuit

October 26, 2002, Rocky Mountain News - Jury awards $3.3 million in discrimination suit.

April 15, 2002, Boulder Daily Camera - Manager denies doing wrong in Rocky Flats whistle blowing case.

April 7, 2002, Boulder Daily Camera - Workers at Rocky Flats sue Kaiser-Hill. Six people say pointing out safety concerns led to transfers.

October, 2000, Colorado Lawyer - Hot Topics In Employment Law, EEOC Procedures Regarding Timely Issuance of Notices of Right to Sue. By Kristina James and Todd J. McNamara

August. 2001, Rocky Mountain News - CSU's Costello target of third lawsuit. Professor claims dean demoted him after he reported on numerous complaints by women.

August 31, 1999, Denver Post - Re/Max loses appeal for new trial in bias case.

February 25, 1998, Denver Post - Re/Max loses discrimination suit. Jury awards $100,000 to black man denied franchise.

January 8, 1999, Denver Post - Jeffco decides to settle discrimination dispute. County pays former department head $130,000.

June, 1997, Denver Post - 133 more ex-employees sue PSC unit over severance pay.

June 24, 1997, Rocky Mountain News - Ex-Public Service workers win $1.6 million. Federal judge finds 'corporate deception,' orders severance pay.

June 21, 1997, Denver Post - Judge chides PSC for 'shocking...deception.'

September 2, 1995, Rocky Mountain News - CU pays $180,000 in harassment. Professor had accused department chairman of attempt to ruin career after she ended relationship.

February 2, 1995, Denver Post - CU department head resigns. Professor's colleague sues him, claims sex harassment.


Publications

June / July 2005 Issue of Employment Law - Post Termination Conduct and the After-Acquired Evidence Rule: an Arrow on Target or an Empty Quiver?

Federal Employment Jury Instructions
Outlines of all elements necessary for claims brought under federal statutes.

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About the Authors
The lead authors are Todd J. McNamara and J. Alfred Southerland.
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Todd J. McNamara P.C.
Denver, Colorado

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