David Shaffer

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David Shaffer

david shaffer

Big Cheese

practice areas

Civil Rights

Class Actions

Labor and Employment Law

Disability Rights

ADA Accessability and Accommodations

Transportation

Section 508 Compliance

Affirmative Action

 

contact

Phone

Email

biography

My name is David Shaffer. I specialize in civil rights cases for women, minorities and individuals with disabilities, and have represented hundreds of women and minorities in nation-wide class actions against federal law enforcement agencies, such as the FBI, ATF and Secret Service. I also represent individuals with disabilities in seeking accommodations in the workplace and represent them in employment litigation.

I have worked extensively in class action litigation, including representing minority law and female enforcement agents in class action discrimination cases against the Federal Bureau of Investigation, U.S. Customs Service, U.S. Secret Service, and the Bureau of Alcohol, Tobacco & Firearms. I was also the lead attorney in the defense of several major class actions involving public accommodations and employment, the most notable of which have been the Adams Mark Hotel class actions and the Holiday Spas class actions.

In my work with insurance companies, I review and monitor the defense of employment class actions under employment practices liability insurance (EPLI). This helps the insurer determine their liability should a class action develop and the prospects for settlement. This also helps the insurer determine the level of underwriting risk in issuing a policy of EPLI insurance in line with the company's personnel practices.

I've done extensive underwriting (over 300 accounts) to determine the likelihood of exposure and to assist the insurer in determining proper reserves; I've also written a book for AEGIS Loss Control entitled Employment Practice Self-Assessment Guide. This book is used by major insurance companies to determine their internal potential liabilities, and to correct practices that may have a disparate impact upon females or minorities.

I was lead counsel in defending the Washington Metropolitan Area Transit Authority in a class action under the ADA and Rehabilitation Act, and continue to represent the Authority in the monitoring phase of that case. I have also represented the Authority in a pattern and practice suit brought by the U.S. Department of Justice challenging religious accommodation.

Corporate clients frequently hire me to develop affirmative action plans and to defend on-site compliance reviews by the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP).

Additionally, I also litigate extensively in the labor and employment law area; on the plaintiff side largely against the federal government, and on the defense side on behalf of corporate interests. I have litigated dozens of employment lawsuits, and have appeared on The Today Show, Good Morning America, Court TV, and CBS, ABC and NBC Evening News. I'm also active in teaching CLE courses on affirmative action, and civil rights law. I advise clients in virtually every area of employment and labor law.

education

Stanford Law School, J.D., Order of the Coif, 1983

Mr. Shaffer received his J.D. from Stanford Law School in 1983, Order of the Coif. At Stanford, he was President of the Environmental Law Society and Senior Editor of the Stanford Environmental Journal. After graduation, Mr. Shaffer served as a law clerk to the Honorable Betty B. Fletcher, United States Circuit Judge for the U.S. Court Appeals for the Ninth Circuit.

Wittenberg University, B.A., summa cum laude, 1980

Mr. Shaffer graduated from Wittenberg University in 1980, summa cum laude, with a major in political science and minor in Business and music.

professional experience

Mr. Shaffer maintains a private law practice dedicated to civil rights and disability rights and accessibility. He is also the Section 508 compliance officer at a government agency.

Mr. Shaffer has been a partner and managed labor and employment law groups at several national firms, including Thelen Reid & Priest, Harter & Hadden, Garvey, Schubert & Barer and Semmes, Brown & Semmes.

Mr. Shaffer also was an associate at the firms Gibson, Dunn & Crutcher and Arnold & Porter.

Mr. Shaffer is a member of the D.C. Bar, many federal circuit and federal district courts and the U.S. Supreme Court Bar.

Mr. Shaffer has worked extensively in class action litigation. He has represented minority law and female enforcement agents in class action discrimination cases against the Federal Bureau of Investigation, U.S. Customs Service, U.S. Secret Service, and the Bureau of Alcohol, Tobacco & Firearms. He also was the lead attorney in the defense of several major class actions involving public accommodations and employment, the most notable of which have been the Adams Mark Hotel class actions and the Holiday Spas class actions.

On behalf of insurance companies, Mr. Shaffer has reviewed and monitored the defense of employment class actions under employment practices liability insurance (“EPLI”) policies to assist the insurer in determining their likely liability should a class action develop, the practicability of settlement, and in the underwriting process, the level of risk a particular insurer has in issuing a policy of EPLI insurance, given the statistical utilization of minorities and females and the company’s personnel practices that may have a disparate impact upon females or minorities. He was lead counsel in defending the Washington Metropolitan Area Transit Authority in a class action under the ADA and Rehabilitation Act. Mr. Shaffer also frequently works with corporate clients to develop affirmative action plans and often defends on-site compliance reviews by the Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”).

Mr. Shaffer has served as the Co-Chair, Alternative Dispute Resolution Committee, Labor and Employment Law Section, Federal bar Association.

Chair Equal Employment Opportunity Committee, Federal bar Association Chair, Individual Rights and Remedies Committee, Federal bar Association Member, Federal Bar Association, Governing Board of the Labor Law and Labor Relations Section.

Recipient, Federal Bar Association Distinguished Service Award for contributions into the Labor Law & Labor Relations Sections.

He is a member of the Advisory Board of the Columbia Lighthouse for the Blind, a member of the Capital Veterans’ Engagement Board and a member of the Consumer Technology Association’s standards committee for audio-based navigation systems.

2013–present: Access Policy Officer, Office of ADA Policy and Planning, Department of Access Services. Responsibilities include reviewing existing and proposed federal, state, and local regulations, and making recommendations on how they how they apply or would impact Metro’s Rail, Bus, and MetroAccess services. Responsible for Section 508 and WCAG 2.0 for WMATA‘s internet and intranet and alternate formats. Liaison to community organizations for persons with disabilities, speak on and behalf of Metro regarding accessibility of BUS, RAIL and MetroAccess for persons with disabilities. Advocate for greatest possible accessibility of BUS, RAIL and MetroAccess for customers with disabilities.

March 2006–2013: Assistant General Counsel, WMATA. Responsible for class action litigation Disability Rights Council v. WMATA and several Title VII and ADA single plaintiff employment actions. Provide general legal advice as requested on various matters relating to discrimination, insurance and labor issues. Responsible for title VI and ADA?

2005–March 2006: Partner, Shaffer, Rappaport & Schmidt. Partner in firm specializing in complex litigation, labor and employment law.

2003–2005: Owner, Garvey, Schubert & Barer. Managed Washington labor practice of Seattle firm. Represented clients in insurance, class actions and labor matters.

2002–2003: Managing Partner, Shaffer, Rapaport & Schmidt. Managed small boutique employment firm with offices in Washington, New York and New Jersey.

2000–2002: Partner, Thelen, Reid & Priest, Washington, D.C. Established employment and labor practice in Washington office of New York firm, which grew to 8 attorneys. Represented clients in high tech, software, insurance, energy and communications.

1995–2000: Partner, Arter & Hadden. Responsible for managing labor and employment practice in Washington of national firm headquartered in Cleland, Ohio. Represented national hotel, retail and food corporations in discrimination class action. Advised insurers and reinsurers of Employment Practices Liability Insurance on risks of class action exposure in underwriting practices, and in utility industry.

1993–1995: Partner, Semmes, Bowen & Semmes, Baltimore and Washington, D.C. Established labor and employment practice at regional firm’s Washington, D.C. office. Grew department to 6 attorneys. Handled civil rights and employment class actions, advised firm clients in every facet of employment and labor law, including strike discrimination, wrongful discharge, and other related litigation.

1987–1992: Associate, Arnold & Porter, Washington, D.C. Worked on employment-related issues, securities class actions, and civil rights class actions as well as a variety of commercial litigation.

1984–1987: Associate, Gibson, Dunn & Crutcher, San Jose, California. Worked in labor and litigation sections on securities and product liability class actions, wrongful discharge, bad faith, and a variety of labor and employment issues.

1983–1984: Law Clerk to the Honorable Betty B. Fletcher, United States Circuit Judge for the U.S. Court Appeals for the Ninth Circuit

Bar Memberships and Special Admissions

  • State Bars: District of Columbia. Maryland and California, not active but eligible for reinstatement.
  • U.S. District Courts for the Northern District of California, Eastern District of California, Central District of California, Northern District of Texas, Eastern District of Tennessee, Western District of Washington, District of Columbia, District of Maryland;
  • U.S. Court of Federal Claims and U.S. Court of International Trade
  • U.S. Court of Appeals for the Third, Fourth Fifth, Ninth, Federal and D.C. Circuits
  • U.S. Supreme Court

Kelley Brooks Simoneaux

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Kelley Brooks Simoneaux

kelley brooks simoneaux

Title here

practice areas

Motor Vehicle Injury

Medical Malpractice

Defective Products

Shooting/Physical Harm

Wrongful Death

Disability Rights

Brain Injury

Social Security

Motorcycle/Bicycle/E-Scooters

Slip and Fall

Premises Liability

Construction Accident

Workers' Compensation

Recreational Activity

Estate and Special Needs Planning

contact

Phone

Email

biography

Kelley Brooks Simoneaux was born and raised in Chattanooga, Tennessee. She grew up as an active child excelling in academics, sports, and dance. By the time she was 16 years old, she had traveled the country competing in tap dance competitions and was slated to spend the summer between her sophomore and junior years of high school in New York City training under world-renowned dance principles in a highly competitive tap dance summer intensive. But in one second the course of her life took a major turn.

On February 2, 2001, 16-year-old Kelley got in the back, middle seat of a classmate’s older SUV. She buckled her lap-belt only seatbelt, not realizing it would be the last time she would ever walk. Unfortunately, the driver failed to use reasonable care that evening, and while speeding, crashed into a tree. Having only a lap belt to restrain her, Kelley’s lower back was broken, her entire face was shattered, multiple bones were broken, and she had multiple internal injuries. Kelley remained awake through the wreck and quickly realized that she could no longer feel her legs. She was rushed to the trauma center in Chattanooga, Tennessee where multiple surgeries were performed to stabilize her and it was learned that she had sustained a spinal cord injury at the T-12 level. In the following days, her parents worked tirelessly to find the best rehabilitation hospital for her to begin to recover following her spinal cord injury. She was transferred to Shepherd Center in Atlanta, Georgia where she received 2.5 months of rehabilitation, learning to relive her life from a wheelchair. While in rehabilitation, she maintained her school work, taking classes in the hospital, even running for class president from her hospital bed, and worked each day to rebuild her life, piece by piece, all from a wheelchair. Three months to the day of her wreck, she returned to Ooltewah High School in Ooltewah, Tennessee, and went on to graduate with her class as the student body president, homecoming queen, and in the top of her class academically.

education

University of Tennessee College of Law

Kelley went on to attend law school at the University of Tennessee College of Law in Knoxville, Tennessee.  Kelley traveled the country in trial competitions, served as the President of the Student Bar Association and took on initiatives to increase accessibility in the community through the Knoxville Independent Living Center with the mentorship of her law professor who was blind.  Kelley worked as a student attorney in the Innocence Clinic at the law school and spent a year focused on the exoneration of the first individual in the United States that was convicted through the use mitochondrial DNA evidence. She also worked under the elected Public Defender, working in the courtroom most days to help defend the rights of her clients.  She was selected to the Order of Barristers for her trial skills and was recognized by the Dean for her leadership at the law school. By the time Kelley graduated law school she knew exactly how she wanted to practice law and that was by helping others, like herself, who had suffered a catastrophic injury.

Birmingham-Southern College, B.A.

Kelley worked hard after her injury with the goal of moving away from home and going to college.  And she did just that. Kelley attended Birmingham-Southern College in Birmingham, Alabama. She spent her four years in college traveling the world (she met her husband on a school trip to Russia), participating in service projects and investing time in advocacy projects focused on accessibility in rest stops in Alabama.  She graduated with a degree in political science with the goal of continuing her education.

professional experience

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Bar Memberships and Special Admissions

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Riley Connor

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Riley Connor

riley connor

Legal Assistant

contact

Phone

Email

biography

Riley Connor was born and raised in Phoenix, Arizona. She graduated from Arizona State University with Honors with two Bachelor's degrees in Political Science and Business Law. Throughout her college experience, she volunteered for and worked on multiple campaigns, both locally and nationally. She worked with U.S. Senator Kyrsten Sinema for two semesters and was a key part in winning a Phoenix City Council race, eventually becoming the fellowship director of the campaign. Riley has worked on all aspects of a campaign: finance, policy, communications, field, etc.

Riley was first introduced to Kelley Brooks Simoneaux through a friend who was interning for Simoneaux’s spinal cord injury firm. Riley then became an intern for Simoneaux after graduating from ASU, and soon thereafter, met David Shaffer. She started as an intern and quickly became an integral part of the David Shaffer Law team as a legal assistant. Riley now focuses her work on the writing and editing of legal documents while managing a majority of the business aspect of the firm. She also acts as a liaison between the attorneys and the clients.

In the future, Riley plans to go to law school and continue working in Civil Rights Law.

education

Arizona State University, Barrett Honors College
  • B.A. Political Science, B.A. Business Law
  • International Business Studies Certificate

awards and honors

  • Dean’s List (2016 – 2020)
  • Project Excellence Student, Leader’s Academy
  • Honors Research Thesis: Analyzing the Chilean Protests of 2019: The Pinochet Dictatorship and its Neoliberal Legacy

professional experience

David Shaffer Law, PLLC — Legal Assistant

July 2020 – Present • Washington, D.C. / Remote

Yassamin for Phoenix City Council — Project Director

December 2019 – March 2021 • Phoenix, AZ

Office of U.S. Senator Kyrsten Sinema — Congressional Office Intern

August 2019 – May 2020 • Phoenix, AZ

BC&MC, Law and International Business Consulting Firm — International Business Associate

February 2019 – April 2019 • Santiago, Chile