A Bit About Me
My introduction to organizational ombudsmen (as they were then known) began in 1990, when my firm and I were retained to be independent counsel for the ombudsman office of a multinational corporation with a case in federal court in Connecticut in which the employee-plaintiff was attempting to depose and obtain information from the ombudsman. There was scant precedent for our legal defense, but we filed a motion for a protective order with extensive documentation that asserted an ombuds confidentiality privilege based on Federal Rule of Evidence 501 and an implied contract of confidentiality. Our client prevailed on both grounds, and that turned out to be a seminal case on ombuds confidentiality.
That beginning led to my representation of many other ombuds clients and organizations wanting to create ombuds offices over the ensuing decades, including filing motions for protective orders and defending litigation involving ombuds in state and federal courts in several other jurisdictions. I was also consulted on the expansion of ombuds offices internationally. I was fortunate to have had an unusually broad and challenging litigation law practice, and while the representation of ombuds offices was never a major part of my practice, I came to be recognized as the leading lawyer in the United States in this area. As I learned more about the ways in which organizational ombuds help people and organizations surface issues and help resolve conflict in organizations, I also began to understand how these programs were a powerful tool, though without any formal power, that should be part of the organizational culture of virtually all organizations.
That was the reason I accepted the position of the inaugural Executive Director of the International Ombuds Association (IOA) when I gave up the active practice of law. The desire to explain the evolution, role, and operations of ombuds offices to those who are unfamiliar with organizational ombuds programs (or who confuse them with other types of ombuds programs) also motivated me to write two books that are guides to organizational ombuds programs. While I have not been an ombuds, my grounding in the legal issues involving ombuds, along with years of counseling ombuds and experiences such as serving as general counsel of a large Connecticut law firm (where we created an ombuds program), have given me an unique perspective to advise and assist ombuds programs and their organizations.
Experience
44 Years of Legal Experience
30 years of experience in creating and representing organizational ombuds programs
Chair of Ombuds Committee of the Dispute Resolution Section of the American Bar Association
Inaugural Executive Director of the International Ombuds Association (IOA)
Awards & Honors
-
Chair of Litigation Dept in one of Connecticut's largest firms for 15 years
-
General Counsel of the firm for 5 years prior to retirement
-
Former practice included business and intellectual property litigation as well as the representation of quasi-public and state governmental entities in wide range of matters, including over 75 appeals
-
Included in Best Lawyers in America ® in practice areas of Commerical Litigation, Arbitration and Mediation; recognized by Law & Politics as a Connecticut Super Lawyer ® in Intellectual Property Litigation
-
Member of the Ad Hoc Advisory Group to the United States Sentencing Commission from 2002-2004, which recommended revision to the Federal Organizational Sentencing Guidelines
-
Represented multinational corporation in seminal federal case recognizing an ombuds' privilege
-
Worked with programs in all sectors: corporations, academic, civic organizations, national defense laboratories, federal agencies, and K-12 school districts
-
National and international practice representing ombuds programs
-
Helped initiate review of ombuds programs in the federal government by the Administrative Conference of the United States (ACUS) leading ultimately to ACUS Recommendation 2016-5 urging Congress and the President to make greater use of ombuds programs that comply with generally accepted standards in federal agencies
-
Led effort as Chair of the ABA Dispute Resolution Section Ombuds Committee leading to the ABA adoption of Resolution 103 in August 2017 urging greater use of ombuds programs that comply with generally accepted standards
-
External champion for IOA and organizational ombuds programs
-
Assisted in creation of numerous new programs and resources for existing programs on various issues, including charters, reporting lines, and difficult cases
-
Significant involvement in revising the IOA Standards of Practice and Code of Ethics
-
Numerous presentations and writing on ombuds programs including Keynote speaker in 2019 and 2020 for national Ombuds Day programs; and lead panelist for Ombuds Day program in 2021 at the University of Kansas
-
Inaugural Recipient of the Charles L. Howard Trailblazer
Award from the International Ombuds Association for extraordinary guidance and service to the organizational ombuds profession -
2019 Lifetime Achievement Award by The Connecticut Law Tribune, for legal accomplishments and civic activities
-
2019 New England Trailblazer Award by Law.com and the Connecticut Law Tribune for Advocacy on behalf of organization ombuds programs
-
2012 Award of Special Recognition by the International Ombudsman Association for "significant contribution to, and effort in support of, The Organizational Ombudsman Profession"