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From the RIDICULOUS …

From the RIDICULOUS …. The EPL “explosion” is 10 years old – and growing Defense (and plaintiffs’) costs remain #1. Juries are still (increasingly?) our “partner” in educational/administrative decisions. … to the SUPREME. There has to be a better way – and there is.

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From the RIDICULOUS …

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  1. From the RIDICULOUS … • The EPL “explosion” is 10 years old – and growing • Defense (and plaintiffs’) costs remain #1. • Juries are still (increasingly?) our “partner” in educational/administrative decisions.

  2. … to the SUPREME • There has to be a better way – and there is. • “New & Improved” affirmative defenses … • Keep the (good) faith.

  3. FACTS & FIGURES • The number of plaintiffs’ attorneys TRIPLED after the Civil Rights Act of ’91. • The number of class action lawsuits TRIPLED over the past 5 years. • 95% of the victims of nonconsensual relationships do not complain/report. • The median age of an American worker is almost 40. • 50% of punitive damage awards arise in EPL claims. • Using technology costs less than 1/7th the expense of conventional means (in ½ the time & with greater impact). • Arbitrators don’t always “split the baby.”

  4. Arbitrators don’t always“split the baby.” Cases% of Amount Demanded 24% -0- (Claim Denied) 10% 1-19 % (of Amount Demanded) 11% 20-39% 10% 40-59% 10% 60-79% 35% 80-100% } Just 31% of arbitration awards fall w/i 20-79% of the demand. Study by A.A.A.

  5. LESSONS LEARNED THE HARD WAY

  6. PROCEDURES • DUMB: • Don’t Follow Your Own Procedures • DUMBER: • Don’t Create Procedures

  7. DOCUMENTATION • DUMB: • No Documentation • DUMBER: • Creative Writing

  8. REACTIVITY • DUMB: • React to Everything • DUMBER: • Don’t Admit Anything

  9. COUNSEL • DUMB: • Failing to Seek Counsel • DUMBER: • Relying Exclusively on Counsel

  10. LITIGATION • DUMB: • Litigate, Don’t Mitigate • DUMBER: • Common Law, Not Common Sense

  11. LESSONS LEARNED – FIVE CORE PRINCIPLES

  12. 5 CORE PRINCIPLES • No Tolerance • Observation • Communication • Empathy • Fairness The AGOS Group, LLC

  13. LESSONS LEARNED – PRACTICAL SOLUTIONS

  14. PRACTICAL SOLUTIONS • Prevention & Training • Policies & Procedures • Promises & Proof • Peace & Prosperity • Press “Relief” • Sealed with a K.I.S.S.

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