Challenges in Transnational Litigation - remote procedures and cross border advocacy strategies in a post-pandemic world
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The workshop will go over current laws and procedural hurdles that arise when representing foreign clients in US litigation. Through a series of hypotheticals, we will highlight some common obstacles and attempt to arrive at practical solutions, drawing from the experience of our diverse group of panelists. The 8th (2024) edition of Justice in Motion's Challenges in Transnational Litigation practice manual will be available for workshop participants. Discussion topics may include:
- Special considerations in outreach and client relationship building with farmworkers who are foreign nationals
- Common logistical issues to be aware of and address at the onset of litigation
- How to respond to opposing counsel's attempts to use plaintiff's whereabouts to gain a tactical advantage
- Discovery issues, including protective order motions, remote deposition practice pointers, and document authentication, especially with respect to pandemic-era federal court protocols and best practices to continue
- Options for, and practicability of, bringing clients back to the US for in-person participation in litigation
- Managing cases on a limited budget and how to effectively harness cross-border resources.
- Upon completion, participant will be able to tackle issues that come up in transnational cases, including discovery issues, remote procedures, bringing clients back to the US, etc.
- Upon completion, participant will be able to respond to opposing counsel's attempts to use plaintiff whereabouts to gain tactical advantage.
- Upon completion, participate will understand availability of cross-border resources, including how to budget and when to set things up.
- Upon completion, participant will be more confident in representing and bringing litigation on behalf of clients who live outside of the US.
Nan Schivone, JD
Legal Director
Justice in Motion
Nan Schivone is the Legal Director at Justice in Motion, a national nonprofit dedicated to ensuring that migrants are treated fairly and have equal access to justice across borders. Nan began her career representing migrant farmworker clients in state and federal civil litigation while working with legal services in Georgia and New York. Most recently, Nan has led Justice in Motion’s effort to reckon with the fallout from President Trump’s family separation policy, felt most acutely by separated parents who were deported without their children. Nan is a graduate of Lewis & Clark Law School in Portland, Oregon and received her B.A. in International Studies from the University of Dayton in Dayton, Ohio. Through her two decades of public interest experience and frequent travel to the Mexico and Central America regions, she has gained an in-depth understanding of the struggle for human rights, poverty alleviation and racial justice through the avenues of international collaboration and grass-roots development. Nan is based in Atlanta, Georgia.
Patricia Kakalec, JD
Partner
Kakalec Law PLLC
For more than twenty-five years, Patricia Kakalec (she/her) has represented employees, and the interests of employees, as a lawyer in both the private and public sectors. From representing migrant farmworkers in class actions to litigating labor cases on behalf of the State of New York, Tricia has dedicated her career to fighting for the rights of workers. Her practice is currently focused on representing employees in wage and hour and discrimination cases, and on advising employees about severance agreements, employment contracts, and other legal issues. She also serves, by appointment of the Governor, on the New York State Industrial Board of Appeals.
Before entering private practice, Tricia served as the Bureau Chief, Deputy Bureau Chief, and Special Counsel of the Labor Bureau of the New York State Attorney General’s Office, and as Chair of that office’s statewide Equal Employment Opportunity Committee. Tricia has also been the co-founder and Executive Director of the Workers’ Rights Law Center of New York, and an attorney with Farmworker Legal Services of New York, in both offices representing farmworkers and other low-wage workers around New York State. Tricia began her legal career as an associate with LeBoeuf, Lamb, Greene & MacRae in New York City.
Tricia received her law degree from Harvard Law School, cum laude, and her undergraduate degree in history and religion from Duke University. She clerked for the Hon. Denis R. Hurley in the U.S. District Court, Eastern District of New York and has been a Wasserstein Fellow at Harvard Law School (awarded to “outstanding public interest lawyers”) and an Echoing Green fellow. Tricia speaks Spanish and often represents Spanish-speaking clients.
Dorian Slaybod, JD
Staff Attorney
Farmworker Legal Services of Michigan
Dorian has worked as a staff attorney at Farmworker Legal Services since 2019 and is based in Grand Rapids, Michigan. He focuses on representing farmworkers in employment, housing, civil rights, and public benefits cases in state and federal court. He obtained his undergraduate and law degrees from Ohio State University and an LL.M. in agricultural and food law from the University of Arkansas. He also studied abroad at an agricultural university in the Dominican Republic.
Maryanne Ortiz Herrera, n/a
Community Education and Engagement Lead
Friends of Farmworkers, d.b.a Justice at Work
Mary Ortiz-Herrera joined Justice at Work as the Community Education and Engagement Lead in August 2023, where she plays a pivotal role in coordinating outreach efforts and developing new engagement strategies.
Before this, Mary interned at Philadelphia Legal Assistance's Pennsylvania Farmworker Project, gaining insight into the H2 Visa program and the significant challenges faced by farmworkers. This experience deepened her commitment to advocacy for farmworkers. As the eldest daughter of low-income immigrant workers, she understands the physical and mental hardships that are the reality of our client populations. She hopes to use her lived experience and the knowledge gained from her colleagues to aid those who provide this country with its basic needs.
Mary earned dual degrees in International Relations and Modern Languages and Linguistics from Rowan University in May 2023. Originally from Ocean City, New Jersey, she now resides in Philadelphia, Pennsylvania.
Abigail Kerfoot, JD
Senior Staff Attorney
Centro de los Derechos del Migrante, Inc.
Agnes Baik
Jenny Zimmermann, JD
Legal Manager
Justice in Motion
Jenny Zimmermann is a Legal Manager with Justice in Motion’s Legal Action team. Prior to her current role, Jenny was a staff attorney at Legal Action of Wisconsin’s Farmworker Project for several years where she represented farmworkers on employment litigation, employment discrimination/sexual harassment claims, worker’s compensation claims and applications for T and U nonimmigrant status.
Prior to her work representing farmworkers, Jenny worked for an immigration law firm, as a bilingual legal advocate for survivors of domestic violence, and for a Latina community organization.
Jenny earned her J.D. at the University of Wisconsin Law School in Madison, Wisconsin, and her B.A. in Spanish and International Relations (with an emphasis on Latin America and Governance, Peace and Justice) from the University of Minnesota in Minneapolis, Minnesota.
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