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Programs in Employment & Labor Law



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How Does Employment Practices Liability Insurance Affect Your Employment Cases? What In-House and Outside Lawyers and Litigators Should Know

Program Number: 2740 Presenter: Ann Kotlarski, Esq., Judicate West

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Good news: you were just retained to handle an employment dispute. You soon learn the employer has employment practices liability insurance (EPLI). How does EPLI impact the way that you evaluate, litigate, mediate, and try employment cases? Ann Kotlarski, a former successful employment and business/commercial trial lawyer, and currently a mediator and arbitrator, describes the ins and outs of handling EPLI covered claims, provides practical pointers, and addresses the legal issues that arise from the inception to the conclusion of an insured employment case.

$95.00Audio CD Add to Cart

Restraining Former Employees from Improper Use of Confidential Information and Enforcing Non-Competition Provisions

Program Number: 2722 Presenter: Megan Lopp Mathias, Esq.

This program, for employment and corporate counsel and litigators, addresses the legal challenges in enforcing confidentiality provisions and non-competition provisions against former employees. Topics include: an explanation of the line between not interfering with the employee's ability to work and protecting the disclosure of the former employer's information; and information on how to obtain a temporary restraining order (TRO).

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Effective Evaluation and Mediation of Discrimination and Retaliation Cases

Program Number: 2645 Presenter: Ann Kotlarski, Esq.

Litigating employment claims can be risky, time consuming and expensive for the parties. An increasing trend in employment cases involving claims for discrimination, retaliation and harassment is to resolve those matters well before trial—often before any dispositive motions are filed or significant discovery is conducted. However, important questions arise, such as: When is the most effective time to mediate such claims? Can the plaintiff’s and defense counsel effectively evaluate a case in the early stages in order to make early resolution meaningful? What does it take to evaluate these types of cases in terms of liability, damages and settlement value? What role do non-monetary factors play in evaluation and resolution? What factors should the parties consider in selecting a mediator? What is the best way to prepare for mediation? How do you avoid the common mistakes that a mediator may make? What strategies can be used to move

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Politics in the Private-Sector Workplace: Coexistence or Collision?

Program Number: 2643 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq., Bryan Cave

As the election season approaches its climax in the coming months, private-sector employers and employees need to know what employers can and cannot lawfully do to restrict employees’ political activities in the workplace and while off duty. In this program of particular interest to in-house corporate and employment lawyers, Dan Prywes and Josh James address these issues, burst some myths, and describe the array of federal and state laws that bear on these issues. The laws to be addressed include federal and state voting-rights laws, the First Amendment and the Supreme Court’s Citizens United case, federal election laws, the National Labor Relations Act, state laws on employees’ political activities, and more.

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Tips for Protecting Confidential Information and Trade Secrets for In-House Counsel

Program Number: 2642 Presenter: Megan Lopp Mathias, Esq.

Megan Mathias discusses important legal issues and insights for in-house counsel regarding a business’ confidential information and trade secrets. Topics include: • definition of confidential information and trade secrets • identification of your competitive edge leading to identification of your confidential information • treatment of information as confidential so a court will treat it as confidential • documents in place add to the case for protection of information • security protocols to limit possible exposure of information • limits on access to certain employees • enforcement issues in litigation • laws protecting trade secrets across the country • restrictive covenants, how to use them and when they are enforceable

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Domestic Partner and Same-Sex Spousal Benefits after Obergefell and Windsor

Program Number: 2638 Presenter: Jeffrey Arnold, Esq., Brian J. Tiemann, Esq.

Brian Tiemann and Jeffrey Arnold, McDermott Will & Emery LLP, discuss the current legal and regulatory issues that employers are facing with respect to same-sex spouses and domestic partners in both qualified retirement plans and health and welfare plans. Topics also include a discussion of recent cases dealing with the retroactive application of same-sex spousal benefit rules.

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Current Issues with Whistleblower-Retaliation Claims: A Guide for In-House Employment and Corporate Attorneys

Program Number: 2636 Presenter: Joshua A. James, Esq., Daniel I. Prywes, Esq., Bryan Cave

Dan Prywes and Josh James address ways in which employers can avoid whistleblower-retaliation claims and best manage such claims when they do arise, consistent with whistleblowers’ rights. Topics include: useful contract provisions and compliance measures, the use of arbitration clauses, managing whistleblowing employees in the workplace after a complaint, the recovery of privileged or confidential documents, the discipline or termination of whistleblowers for misconduct or poor performance, and the settlement of whistleblower-retaliation claims.

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A Review of EEOC's Fiscal Year ending September 2016 and a Look at What to Expect Next Year

Program Number: 2632 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the EEOC's fiscal year ending September 30, 2016, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts, and Supreme Court decisions that considered its position; Congressional oversight of the EEOC; and other significant developments. Mr. Dreiband also discusses: • EEOC’s potential actions, plans and strategies for the coming year • EEOC's lawsuit that alleges that a hair policy amounted to race discrimination • The Supreme Court's decision about standards that govern attorney's fee awards against the EEOC • The Supreme Court's upcoming term • Significant pending and recently-decided cases • The EEOC's efforts to regulate wellness plans • The EEOC's proposed changes to the EEO-1 form and corresponding proposed requirement that employers report information about employee pay • The status of EEOC's enforcement efforts concerning the use by employers of criminal and

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Supreme Court Round-Up: Analysis of the Supreme Court's 2015-2016 Labor and Employment Decisions and a Preview of the Upcoming Term

Program Number: 2631 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, reviews the Supreme Court's labor and employment law decisions from the 2015-2016 term, including the Court's decisions about how the First Amendment applies to mandatory union dues; when a court may award attorney's fees to a prevailing defendant in a civil rights employment case; when the filing period for constructive discharge claims begins to run; class action standards for wage and hour and other employment class and collective actions; exemptions to the Fair Labor Standards Act; standards that govern whether an offer of judgment to a plaintiff in a class action may moot such a case; and religious liberty and employee health insurance.

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The California Challenge for Corporate Counsel: Managing Leaves of Absences, Accommodations and the Interactive Process

Program Number: 2623 Presenter: Ann Kotlarski, Esq., Payne & Fears LLP

California is unique in providing numerous protected leaves of absence to employees that far exceed the federal leave laws, and it is easy for an employer to run afoul of the many, varied state and federal legal requirements concerning leaves of absence, accommodations, and the interactive process. In addition to the FMLA and ADA, California has its own requirements for accommodations under the Fair Employment Housing Act and for taking medical leave under the California Family Rights Act and the Pregnancy Disability Leave Act. There are also a myriad of non-medical leaves of absence for employers to manage, such as Domestic Abuse Leave, School Activities Leave, Volunteer Firefighter’s Training Leave and Victims of Crime Leave. And this year California has introduced the Paid Sick Leave law. The cumulative impact of understanding and proactively managing all of the protected leaves while running a productive business is a challenge. So many

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