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Programs in Employment & Labor Law



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Whistleblowers: Where We Stand with Internal Investigations and Corporate Policies/ Procedures

Program Number: 2936 Presenter: Jennifer L. Berhorst, Esq. , Jennifer Kies Mammen, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. CLICK ONLY THE ONLINE BUTTON TO ADD TO CART, IF THAT BUTTON IS NOT AVAILABLE, THE PROGRAM HAS NOT YET BEEN PRODUCED **** In this program, of particular interest to in-house lawyers and litigators at public companies, our presenters will address developments under the SEC’s Dodd-Frank Whistleblower Program, including the Supreme Court’s 2018 decision favoring a narrow definition of “whistleblower” and proposed amendments to the whistleblower rules, and will offer practical tips in conducting internal investigations and reviewing company policies and procedures.

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Ethics and Employment Law: Who is the Client and is it you?

Program Number: 2919 Presenter: Patricia C. Collins, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** This seminar will review the ethics issues that arise for employment attorneys in representing an organization. It is inevitable that such a representation will result in close working relationships with executives and human resource employees that complicate the attorney-client relationship. Further, close involvement with the operations of the client or a particular decision regarding an employee may render the attorney a fact witness or simply too close to give good advice. Topics to be examined are: negotiating employee contracts, drafting policies that impact your client contact, termination or resignation of your client contract, attorneys as fact witnesses, attorneys as investigators, and maintaining professional distance.

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Trying Employment Cases in the Trump Era

Program Number: 2916 Presenter: Christopher V. Bacon, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** With increased polarization of political opinions in the Trump, lawyers defending employers in employment cases have had to reconsider how they select jurors and present their cases. During this presentation Chris Bacon will talk about how he and other employment lawyers have adjusted their trial strategies in this new era. Questions that we will discuss include: How should a lawyer handle voir dire? What kind of jurors are you looking for? Is a juror with strong conservative views really an ideal juror for the defense in a sexual harassment or race discrimination case? We will also talk about how the actual trial needs to be approached in this era of political tribalism. For example, what arguments resonate best with jurors today including those with strong liberal views (e.

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Employment Compliance in the Age of Legalized Marijuana

Program Number: 2880 Presenter: Joshua Horn, Esq., Joseph A. McNelis III, Esq.

Though cannabis is illegal under federal law, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as D.C., have legalized it for recreational use—a dichotomy that presents a unique and complex challenge for employers. This presentation will provide an overview of federal and state marijuana laws, discuss specific aspects of the employment relationship affected by the legalization of marijuana in certain states, and offer practical guidance for employers on how to navigate this new and developing area of the law. Topics Covered: • Hiring, Firing, and Reasonable Accommodations • Zero Tolerance Policies • Drug Testing • Federal Contractors, Federal Grantees, and Transportation Industry

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Medical and Recreational Marijuana in the United States: What's the Story?

Program Number: 2879 Presenter: Paul S. Peters III, Esq.

With Fifty States having different positions and laws pertaining to the legal use of marijuana for medical and recreational purposes, some states and localities decriminalizing it, and the federal government still outlawing it; it is confusing to clearly understand where our country generally sits on the issue. This program will highlight the status of laws among the states, a brief history of the possible reason for marijuana being illegal in the first place, and the general rules and regulations of laws legalizing marijuana for recreational purposes and for medical purposes. In addressing medical marijuana, the program will touch upon the impact medical marijuana is having in the workplace from both the employee and employer perspective. The medical marijuana portion will focus on Pennsylvania’s Medical Marijuana Act.

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A FISA Primer- Everything You Didn’t Know, You Didn’t Know

Program Number: 2878 Presenter: George W. Croner, Esq.

Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. For years, electronic surveillance for foreign intelligence purposes was considered an exclusively Executive Branch authority, and every president from Franklin Roosevelt to Richard Nixon authorized its use. When serious abuses by U.S. intelligence agencies were revealed during congressional hearings held in the aftermath of Watergate, Congress reacted by passing the Foreign Intelligence Surveillance Act which, for the first time, subjected foreign intelligence electronic surveillance conducted in the United States to a statutory regimen that included approval by a newly created Foreign Intelligence Surveillance Court. Today, there is more discussion, and controversy, about FISA than at virtually any other time in its history. This program is going to discuss the evolution of the use

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Doing Bad by Doing Good: Managing Risks Surrounding Diversity and Inclusion Initiatives at Law Firms

Program Number: 2877 Presenter: Kenneth E. Sharperson, Esq.

Corporations are selecting law firms that have active diversity and inclusion initiatives, and are working less with law firms that do not have verifiable programs enhancing the diversity of their law firms. In fact, Hewlett Packard (HP) states that they may withhold up to 10 percent of invoiced fees for failure to meet HP’s diversity standards. Specifically, HP requires firms to “field (i) at least one diverse firm relationship partner, regularly engaged with HP on billing and staffing issues; or (ii) at least one woman and one racially/ethnically diverse attorney, each performing or managing at least 10% of the billable hours worked on HP matters.” In order to obtain work from larger companies that support increased diversity, many law firms have created diversity initiatives in order to meet the diversity requirements of these major corporations. Thus, a law firm, which doing good, must be aware of the risks associated with

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Confidentiality and Context in the Workplace

Program Number: 2875 Presenter: Dove A.E. Burns, Esq., Benjamin A. Waters, Esq.

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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What Legal Organizations Can Do To Combat Gender Bias

Program Number: 2874 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

Alton B. Harris was a founding partner of the Chicago law firm Ungaretti & Harris, now part of Nixon Peabody LLP. At Ungaretti and Harris, Mr. Harris served at various times as managing partner, executive and compensation committee member, and head of the Corporate and Securities Practice Group. He is an adjunct professor of law at Northwestern University School of Law, and he sits on the board of directors of a billion-dollar technology corporation. He has served as mentor, coach, and counselor to many businesswomen and persons of color, recently wrote with Ms. Kramer, “Taking Control: Women, Gender Stereotypes, and Impression Management” and their book, Breaking Through Bias.

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Cyber Liability 101: The Threats of Cyber / Data / Network Liability

Program Number: 2864 Presenter: Ralph A. Pasquariello, CLCS

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The exposure to Cyber threats for companies has escalated over the past 10 years. What was once a random act, simple hacking has grown into a wave of unstoppable organized crime. Firewalls are no longer a defense for the pinpoint accuracy of Spear Phishing. The criminals of the past that stole simple information and data have been replaced by massive attacks resulting in severe business interruption, ransom demands, and information/data destruction. Cyber security is a must, but more import is a Cyber Liability Insurance Policy which will cover your costs in the event of a Cyber Attack. There are many facets of Cyber-crime with its endpoint targets constantly changing, thus: the need for carefully designed coverages which can blend Cyber/Crime/Technology coverages to defend today’s electronic

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