Danuta (“Donna”) Bembenista Panich has a varied practice advising and advocating for employers. Since graduating at the top of her law school class in 1978, Ms. Panich has dealt with all aspects of labor and employment law. However, since 1995, she has focused primarily on defending employers – including many of the nation’s largest companies – in class actions, multi-plaintiff and collective actions, pattern and practice claims, and other “bet the company” matters such as investigations of catastrophic industrial accidents. In all such matters, Ms. Panich brings to bear a calm, orderly, and strategically insightful approach. She combines aggressive defense with civility, and excels at demystifying the most complex issues.
Both within the context of complex litigation and outside litigation realms, Ms. Panich has dealt extensively with electronic discovery and litigation preparedness. As a result of this experience, her wealth of knowledge, and her penchant for detail, when Ms. Panich left Mayer Brown to join Ogletree Deakins in 2007, she established, and has since served, as chair of Ogletree Deakins’ Record Retention and E-Discovery Practice Group. In this role, she helps professional services firms and companies plan for litigation by developing programs for records management, electronic discovery, and legacy data remediation.
Professional, bar, and trade associations, law schools, CLE providers, and employers frequently ask Ms. Panich to speak or provide training on litigation techniques, electronic discovery and records management, as well as various employment related issues such as wage-hour, harassment, diversity, and occupational safety and health. Ms. Panich has also authored several articles on these topics, and is active, through her leadership role in the Federal Bar Association, in developing continuing legal education programs for practitioners and their clients.
Experience
- Class and Collective Action Defense. Ms. Panich has defended industry leaders as well as regional and local employers in a wide array of private sector industries, including telecommunications, financial services, meatpacking, aerospace, technology, transportation, chemicals, petroleum, retail and food services. She has also represented clients in the public and not-for-profit sectors. Ms. Panich is experienced in all aspects of strategy and defense. She has coordinated multi-jurisdiction litigation, led defense teams, served as discovery counsel, and is often called upon to advise clients and colleagues on thorny preservation and spoliation issues. No matter her role in a particular case, Ms. Panich is the consummate team player who never loses sight of the goal: to mount a cost-effective, aggressive, and successful defense with the least possible disruption to client operations.
- Wage Hour. Ms. Panich has defended employers against a variety of off-the-clock claims (preliminary work in call centers; donning and doffing; denial of rest and meal periods) and challenges to exempt status (administrative exemption; executive exemption; salaried status; application of partial exemption for public safety workers). The claims have ranged from plant-wide to entire states, regions, and in a number of cases, nationwide. Her clients include large national and regional telecommunications companies, a major international retailer, large meat processors, well-known fast food chains, and leaders within the financial services industry. Ms. Panich has dealt with collective actions under the FLSA, class actions under state law, and hybrid actions involving a combination of the two.
- EEO. Besides helping employers negotiate the shoals of federal, state, and local administrative agencies, Ms. Panich has defended major companies in significant cases such as a purported nationwide class of all women in exempt jobs in a leading international technology company alleging discrimination in pay and promotion practices; a collective action against an international chemical/plastics manufacturer challenging a large scale reduction in force under the ADEA; pattern and practice claims brought by the EEOC under the ADEA against an oil refiner challenging the company’s restructuring of its management ranks; region-wide class claim under the ADA against a leading telecommunications company alleging failure to accommodate; Title VII class claim in the entertainment industry alleging a hostile work environment.
- Records Retention and E-Discovery. Shortly after the millennium, Ms. Panich began working with e-discovery and records retention issues in the context of class litigation. She subsequently became a core member of the then cutting edge e-discovery practice at her prior firm. Upon joining Ogletree Deakins Law Firm in 2007, she founded Ogletree’s Records Retention and E-Discovery Practice Group. In addition to providing litigation preparedness services to firm clients and serving as discovery counsel and advisor in varied litigation, Ms. Panich serves on the Firm’s steering committee for litigation support and was instrumental in the development and implementation of the Firm’s innovative Discovery the Ogletree Way Initiative.
- Labor Relations. Ms. Panich has appeared in numerous arbitrations on behalf of employers in the utility, steel, oil refining, electronics, and other manufacturing industries. She has counseled companies on collective bargaining, and engaged in interest arbitration and effects bargaining.
- Occupational Safety & Health. Ms. Panich practiced for 29 years in Chicago, which is home to one of the most aggressive federal OSHA regions in the country. Early in her career she served as lead counsel in the first ergonomics claim asserted under the General Duty clause by OSHA against the meatpacking industry. Since then, she has served as primary liaison between OSHA and the employer in catastrophic explosions in the oil refining and utility industries. She has defended numerous employers in death and multiple injury investigations, as well as other high profile inspections and citations in and around Chicago.
Illinois
Indiana
U.S. Court of Appeals, Sixth and Seventh Circuits
U.S. District Court, Central, Northern and Southern Districts of Illinois
U.S. District Court, Northern and Southern Districts of Indiana
U.S. District Court, Eastern District of Michigan
Education and Honors
- AV-Preeminent rating by Martindale-Hubbell
- Bar Register of Preeminent Women Lawyers (2011 Inaugural Edition)
- Federal Bar Association (Section Leader of the Year, 2007)
- Recipient, Excellence in Public Interest Service Award, U.S. District Court for the Northern District of Illinois and Federal Bar Association (2006)
- Order of the Coif (1978)
- American Jurisprudence Award (1976)
- Phi Beta Kappa (1975)
Professional Activities
- Federal Bar Association (Officer and Member of Labor & Employment Law Section; Section Chair 2005-2007; current Deputy Chair)
- Fellow, Federal Bar Foundation
- Munster Medical Research Foundation (Board Member and Chair, Pension Committee)
- Public Interest Law Initiative (Board Member 2004 – 2007)
- American Bar Association (Labor and Employment Law Section)
- Illinois State Bar Association (Labor and Employment Law Section)
- Indiana State Bar Association (Labor and Employment Law Section)
- Sedona Conference, Working Group on Electronic Document Retention and Production and Working Group on International Electronic Information Management, Discovery and Disclosure
- Society for Human Resources Management (SHRM)
- Society for Human Resources Management of Northwest Indiana
- National Advocates Society
- National Association of Professional Women
- Adjunct Instructor, NITA deposition and appellate training programs (2001-2007)
- Strafford Webinars & Teleconferences - "E-Discovery in Employment Investigations and Litigation" - Webinar - January 10, 2012
- Strafford Publications, Inc. Webinar - "E-Discovery in Employment Investigations and Litigation" - January 2012
- Employment Law Seminar (National Business Institute) - "Preparing for Electronic Discovery in Employment Litigation" - Indianapolis - December 8, 2011
- National Business Institute - "Preparing For Electronic Discovery In Employment Litigation" - Indianapolis - December 2011
- Federal Bar Association Annual Meeting CLE - "Agency Activism" - Chicago - September 2011
- Ogletree Deakins Seminar - "Eye on Employment Law: The Latest Labor & Employment Law Developments" - South Bend - September 2011
- Federal Bar Association Annual Meeting CLE - "Agency Activism" - Chicago - September 2011
- Strafford Publications, Inc. webinar - "E-Discovery in Wage and Hour Litigation" - June 2011
- Indiana Chamber of Commerce - "Mastering FMLA Paperwork" - Indianapolis - June 2011
- Ogletree Deakins Workplace Strategies Seminar - "Controlling E-Discovery Costs Through Effective Partnering" - Chicago - May 2011
- Ogletree Deakins Workplace Strategies Seminar - "The Future of Class Actions" - Chicago - May 2011
- Ogletree Deakins Seminar - "Eye on Employment Law: The Latest Labor & Employment Law Developments" - Indianapolis - April 2011
- Fourth Bi-Annual Labor and Employment Law Conference sponsored by Federal Bar Association - "Class and Collective Actions" - San Juan - February 2011
- Fourth Bi-Annual Labor and Employment Law Conference sponsored by Federal Bar Association - "Meeting the Challenges of FMLA, ADA, and GINA Documentation" - San Juan - February 2011
- Ogletree Deakins Seminar - "Labor Law Update" - Merrillville - November 2010
In The News
- October 2011 - The Orator - The Federal Bar Association, Indianapolis Chapter - "How To Keep Email-Strings From Falling Off The Privilege Log"
- October 2011 - The Orator - The Federal Bar Association - "How To Keep Email Strings From Falling Off The Privilege Log"
- June 16, 2011 - Ogletree Deakins Publication - "Building An Effective Discovery Response Team"
- March/April 2011 - The Federal Lawyer - "Back on the Cutting Edge: ‘Donning-and-Doffing’ Litigation Under the Fair Labor Standards Act"
- Winter 2006 - The Labouring Oar - "Developments in the Law of Electronic Discovery"
- July 1990 - Public Utilities Fortnightly - "Whistleblower Litigation: Fireworks for the Nuclear Industry?"
