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.

“New & Improved” affirmative defenses … Keep the (good) faith.

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.”

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% Study byA.A.A.

Just 31% of arbitration awardsfall w/i 20-79% of the demand.}

LESSONS LEARNED

THE

HARD

WAY

PROCEDURES

DUMB:

• Don’t Follow Your Own Procedures DUMBER:

• Don’t Create Procedures

DOCUMENTATION

DUMB:

• No Documentation DUMBER:

• Creative Writing

REACTIVITY

DUMB:

• React to Everything DUMBER:

• Don’t Admit Anything

COUNSEL

DUMB:

• Failing to Seek Counsel DUMBER:

• Relying Exclusively on Counsel

LITIGATION

DUMB:

• Litigate, Don’t Mitigate DUMBER:

• Common Law, Not Common Sense

LESSONS LEARNED –

FIVE

CORE

PRINCIPLES

5 CORE PRINCIPLES

No Tolerance Observation Communication Empathy Fairness

The AGOSGroup, LLC

LESSONS LEARNED –

PRACTICAL

SOLUTIONS

PRACTICAL SOLUTIONS

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