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Programs in Employment & Labor Law



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Making Real Progress Towards Diversity and Inclusion in the Legal Profession (May 14, 2019)

Program Number: 2961 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Andie Kramer, partner at McDermott Will & Emery, and Alton B. Harris, partner (retired) at Nixon Peabody LLP, discuss the nature and extent of the achievement disparity between female and other minority lawyers and white male lawyers. They also review why and how stereotypes and the biases that flow from them cause this disparity by preventing women and minorities from advancing in their legal careers as far and as fast as men. They then provide women, men, and organizations with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g)

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FISA: More of Everything You Didn’t Know (March 28, 2019)

Program Number: 2946 Presenter: George W. Croner, 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. If the online purchase button is not showing, then the on-demand program is not yet available. **** 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. In the U.S., the government’s use of electronic surveillance is highly regulated and can be conducted for only two purposes: law enforcement, which is undertaken by both federal and state governments; and foreign intelligence collection, which is an exclusively federal government function conducted pursuant to a single authority - the Foreign Intelligence Surveillance Act or “FISA”. FISA governs not only electronic surveillance but the use of physical searches, pen registers, trap and trace

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Inspector General Whistleblower Investigations – How They Work & How to Manage if Under Investigation (Feb 20, 2019)

Program Number: 2945 Presenter: Margaret Cassidy, 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. If the online purchase button is not showing, then the on-demand program is not yet available. **** Federal Government inspector general offices are required to investigate whistleblower complaints against contractors in certain circumstances. If your company does business with the federal government, it is important to know: How inspector general offices work, When IG’s must investigate whistleblower complaints, How the “new” DoD alternative dispute resolution process for whistleblower complaints work, and What your company can do to mitigate the risk of an inspector general investigation as well as how to manage if your company is under investigation. This CLE will discuss applicable laws, regulations and best practices on making it through an IG investigation.

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Whistleblowers: Where We Stand with Internal Investigations and Corporate Policies/ Procedures (March 20, 2019)

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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Structuring Options for ESOP Transactions: Advanced Techniques for ERISA Counsel and Plan Sponsors (Feb 27, 2019)

Program Number: 2920 Presenter: David R. Johanson, Esq., Roberta Casper Watson, 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 **** An employee stock ownership plan or “ESOP” can be an extremely useful tool in terms of tax and employee benefits that it provides and in the contexts of business succession planning and corporate mergers and acquisitions. The design and structure of ESOP transactions and the administration of ESOPs in general, however, remain subject to heightened scrutiny. To help ERISA counsel, accountants, and corporate directors and officers understand the statutory and regulatory framework that governs ESOP transactions, our panel will discuss applicable laws and regulations impacting ESOP transactions, available regulatory guidance, and other critical considerations for structuring ESOP transactions. This program on advanced structuring alternatives for

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

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

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.

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.g., the #metoo juror in a harassment case)? How do you make your witnesses persuasive –and likeable-- to jurors on both sides

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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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