**** ********* ****, ***** ******, West Virginia 25177
• Juris Doctor – May of 2006.
• Graduated within the top third of class.
Marshall University Graduate College: Huntington, West Virginia.
• M.A. in Geography – 2002 to 2003: Need Nine (9) Hours to complete M.A.
• Marshall University Graduate College Dean’s List 2 semesters.
• 3.75 G.P.A.
Marshall University: Huntington, West Virginia.
• R.B.A. – August of 2002; emphasis in History and Geography.
• Marshall University Dean’s List 5 semesters.
• 3.09 G.P.A.
Honors: Gamma Theta Upsilon International Geographical Honors Society; member.
Phi Alpha Theta National Historical Honors Society; member.
Alpha Kappa Delta International Sociological Honors Society; member.
EXPERIENCE: IVS Group, Inc.; Institute, West Virginia. Paralegal/Consultant – October of 2017 through current.
• Answering calls, emails, texts, and video chat requests from customers, clients, and resolving multiple issues as they arise.
• Drafting and responding to pleadings; e.g., drafting and filing Complaints, Motions to Dismiss, Motions for Summary Judgment, Motions to Compel Arbitration and responding to the same.
• Drafting and responding to discovery requests.
• Preparing deposition checklists.
• Calendar/schedule maintenance.
• Interacting with lead counsel, opposing counsel and court personnel in southern West Virginia.
• Use of Microsoft Office including Word, Excel, etc.
• Use of Konica Fax/Scanner/Email/Server.
• Traveled to file various pleadings/Commute when necessary. Barnette Law Offices, PLLC; Nashville, Tennessee.
Attorney /Managing Partner – May of 2008 to October of 2017.
• Area of practice included filing employment discrimination Complaints pursuant to the EEOA, ADA, Tennessee Human Rights Act, and statutory Whistleblower Act.
• Litigated cases pertaining to gender, age, racial discrimination as well as discrimination predicated upon both actual and/or perceived disabilities before the EEOC, Tennessee Human Rights Commission and both state and federal courts.
• Area of employment law practice included representing claimants denied for UI Compensation Benefits before administrative Appeals Tribunals, agency Commissioner’s Designees and upon Judicial Review in trial level courts.
• Area of practice included defending business in complex litigation.
• Defended business in contract disputes, insurance subrogation claims, and alleged violations of the WV Trade Secret Act.
• Prosecuted claims for Plaintiff businesses under general breach of contract theories.
• Area of practice included filing Complaints for Plaintiffs in serious personal injury and wrongful death matters as well as defending against the same.
• Area of practice included defending individual and criminal defendants before administrative and judicial bodies (state and federal).
• Investigation of factual findings and applicable authority in order to facilitate plea bargains.
• Engaging in discovery, responding to same, and preparing clients/witnesses for depositions.
• Participating in depositions and cross-examining prosecution witnesses.
• Area of practice included consumer protection plaintiff litigation in state and federal court under the auspices of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Telephone Consumer Protection Act, Fair Credit Billing Act in Tennessee.
• In West Virginia, prosecuting Plaintiffs under the ambit of the West Virginia Consumer Credit Protection Act and/or the West Virginia Collection Agency Act.
• Filed Complaints against credit reporting agencies (Equifax, Experian, Innovis, Transunion) and furnishers of information.
• Defended consumers in state court and federal courts against creditors and distressed debt purchasers; including, filing applicable statutory counterclaims.
• Area of practice included filing and pursing Social Security Disability benefit claims.
• Interviewed claimants, supporting witnesses, and presented all possible outcomes of claims to said claimants.
• Examined outcomes of claims denied on initial application and where applicable, at the hearing level in order to discern whether procedural and/or legal errors resulted in denials.
• Analyzed and applied authority to determine the chance of success in hearings before Administrative Law Judges and/or administrative reviews.
• Examined medical records in order to identify relevant impairments predicated upon claimants’ symptoms.
• Implemented tactics and arguments to present during hearings.
• Drafted pre-hearing briefs when requested by an Administrative Law Judge.
• Drafted briefs and appeared in roughly fifty claim hearings with approximately 75% resulting in favorable rulings.
• Cross examined SSA medical experts and vocational experts.
• Controlled hearing preparation and presented all aspects of litigating claimants’ cases during hearings.
• Filed reconsideration appeals requesting Appeal Council review.
• Managed staff of paralegals and legal assistants. Apex Credit Services, LLC; Nashville, Tennessee
Customer Service Rep./Manager – September of 2006 to May of 2014.
• Received inbound calls, emails, texts, video chat requests from potential clients and current/past customers in a call center type of environment.
• Resolved customer issues, complaints, concerns and answered questions.
• Received on average over 100 communications per day and responded in a timely fashion.
• Maintained professional demeanor when treated poorly by potential clients and current/past customers.
• Managed other CSR’s and salespeople to ensure company goals and guidelines were maintained as well as to ensure state and federal laws were not being violated.
• Interacted with local, state, and federal agencies to ensure no violations of state or federal law occurred.
WV Attorney General’s Office; Charleston, West Virginia. Intern: Civil Rights Division – May of 2005 to August of 2005.
• Interviewed claimants’ regarding their allegation of discrimination under the ambit of the West Virginia Human Rights Act and the Equal Employment Opportunity Act.
• Prepared pleadings, drafted and responded to discovery.
• Participated in mediations.
• Researched caselaw to determine whether a probable cause finding or a right to sue letter should issue to claimants. Circuit Court of Mercer County, WV; Princeton, West Virginia. Law Clerk: Honorable Derek Swope – May of 2004 to August of 2004.
• Researched applicable authority regarding Motions presented in civil and criminal matters as well as administrative agency rulings appealed for Judicial Review.
• Drafted Bench Memorandums, Rulings and corresponding Orders.
• Drafted jury instructions and participated in mediation. REFERENCES: Fred Clark, Esq. - Corporate Secretary and General Counsel IVS Hydro, Inc.
1439 1st Avenue S.
Nitro, West Virginia 25143
Nichole Huffman - Owner
Apex Credit Services, LLC
PO Box 268
Point Pleasant, West Virginia 25550
Stacy Bragg – Manager
172 Carl Jones Drive
Beckley, WV 25801
Honorable Ryan C. Gilligan - Administrative Appeals Judge U.S. Department of Labor
Benefits Review Board: Room N-5101
200 Constitution Avenue, N.W.
Washington D.C. 20210
Anthony (“Tony”) Majestro, Esq.
James Nelson, Esq.
Powell & Majestro, PLLC
405 Capitol Street; Suite 1200
Charleston, West Virginia 25301
Charles (“Chuck”) Riffee, Esq.
Caldwell & Riffee
3818 MacCorkle Avenue
Charleston, West Virginia 25304
David Pence, Esq.
Zerbe & Pence, PLLC
205 Capitol Street: Suite 300
Charleston, West Virginia 25301
Thomas Peyton, Esq.
Peyton Law Firm, PLLC
2801 1ST Avenue
Nitro, West Virginia 25143