Confidentiality and Context in the Workplace

Program Number: 2875

Program Date: 10/10/2018

Description

Courts have struggled for decades to define and enforce reasonableness in the context of NDAs. However, the legal debate over NDAs has only now entered public debate due to disputes amongst notable figures like Omarosa or Stormy Daniels. Further complicating is that the enforceability of these agreements is also affected by the United States Constitution, state Constitutions, and other state laws, as well as practices and Regulations of the various government agencies. The complexities are only exacerbated when you look at different employment contexts. Context and tailoring is key to the creation of enforceable and effective NDA’s.

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Available in states

California, Colorado Eligible, Florida, Georgia, New Jersey Eligible, New York, New York - BOTH New and Experienced Attorneys, Texas Self Study

Credit Information

50 minute credit hour - 1.0 General CLE credit, based on a 50-minute credit hour
60 minute credit hour - 1.0 General CLE credit, based on a 60-minute credit hour

State Program Numbers

Credit Eligible for BOTH Experienced and New Attorneys in NY

Presenters


Dove A.E. Burns, Esq.

Obermayer Rebmann Maxwell & Hippel LLP

Dove A.E. Burns focuses her practice on employment law and professional liability. She has experience defending corporate clients and executives, professional service providers, multibillion-dollar international restaurant chains, hospitals, municipalities, housing authorities, nonprofits, and boards of directors in a variety of high-exposure matters.

She has tried numerous cases to verdict and has resolved disputes through arbitration, mediation, and conciliation.

Ms. Burns’ experience includes the following:

  • Representing executives in matters involving allegations of wrongdoing, including claims of sexual misconduct, racial harassment, and corporate malfeasance
  • Handling complex wage and hour matters
  • Restrictive covenant disputes
  • Securities and antitrust litigation
  • Defending higher education Institutions
  • Condominium/co-op law
  • Defending lawyers, mental health professionals, architects, engineers, real estate professionals, property managers, and registered representatives regulated by the Financial Industry Regulatory Authority
  • General liability, municipal liability, and commercial matters


She provides proactive counsel to employers, handles employment and severance agreements, drafts policy manuals and other management documents and conducts training sessions to aide employers in minimizing and the risk of litigation.

 

Benjamin A. Waters, Esq.

Obermayer Rebmann Maxwell & Hippel LLP

Benjamin A. Waters is a member of the firm’s Health Law Department, where he provides regulatory, compliance, and transactional advice to a broad range of health care clients, including hospitals, physician practice groups, behavioral health providers, skilled nursing facilities, and other health industry entities.

Mr. Waters has advised these clients on various matters including data privacy and security, HIPAA and state privacy laws, corporate compliance, the Stark Law, the False Claims Act, Anti-kickback statute, self-disclosure protocol submissions, and other day-to-day legal and risk issues. He has experience drafting and reviewing physician employment agreements, as well as professional service, supply chain, graduate medical education and other operational contracts. Additionally, Mr. Waters has counseled clients on the creation of joint ventures, the sale of various health entities, and hospital mergers. He also conducts internal investigations related to the Stark Law, Anti-Kickback Statute, federal and state false claims acts, Medicare and Medicaid billing, and HIPAA.

Prior to joining the firm, Mr. Waters served as a health law attorney for a national boutique health law firm. Preceding that he worked for a Philadelphia firm where he represented clients in various stages of complex civil litigation and the federal False Claims Act.

 

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