AttorneysEd Center

Former EEOC General Counsel Eric Dreiband, currently a partner at Jones Day, discusses investigations and litigation by the Equal Employment Opportunity Commission (EEOC) and its priorities, court decisions that address the EEOC's process and challenges to employer policies, and strategies to utilize in responding to EEOC investigations and litigation.

In June the Supreme Court will rule on the constitutionality of the Federal Defense of Marriage Act ("DOMA") and California Proposition 8. The Court's rulings will have dramatic implications for employee benefit plans covering domestic partners and the taxation of domestic partner benefits. Join Todd Solomon, a partner at McDermott Will & Emery LLP, and a frequent speaker and writer on employee benefits issues resulting from domestic partnerships and same-sex marriages, as he discusses the Court's rulings, the future of DOMA and Proposition 8, and the implications for benefit plan sponsors. Topics include: • The taxation of domestic partner benefits (Federal and state) after the Court's rulings. • The status of same-sex marriages, civil unions, and domestic partnerships. • Can same-sex couples marry in California? • What policies and procedures should employers and their counsel be updating in light of the Court's rulings?

While employers want to be able to hire the best and most qualified to staff every position, the myriad equal employment opportunity laws often intervene to roadblock these efforts. The enforcement priorities of the Equal Employment Opportunity Commission (EEOC) are making these hiring decisions increasingly difficult for employers. For example, the EEOC recently issued new guidance for conducting criminal background checks during the hiring process that severely limit how and when employers can rely on criminal arrest and conviction records in making hiring and other employment decision. Other neutral criteria garnering a hard look by the EEOC include credit histories and employment status. In this program, especially for in-house and employment lawyers, Jon Hyman provides valuable insights to help identify and avoid the various risks that come with one of the EEOC’s highest enforcement priorities—systemic discrimination.

With the commercialization of IT, employees are seeking to, or already are bringing their personal devices into the corporate environment. Employees want to use their preferred devices, and companies are constantly seeking cost reductions and the ability to offer its employees incentives that may aid in recruitment, retention and productivity. However, allowing these employee or dual-use devices into the company without proper planning in place may lead to new legal risks and exposures for the company, and in-house corporate, employment and technology counsel must carefully consider these risks before advising their organizations on BYOD implementation. Join Aaron Tantleff and Matt Karlyn of Foley & Lardner LLP as they explain some of the key implications of allowing employees to use their own devices in the workplace versus using company-purchased/provided technology, possible security risks in allowing employees use of such dual use devices at work and considerations in reviewing existing policies or

Social media is exploding throughout the workplace, both by companies seeking to promote their businesses and by employees speaking about their jobs. The National Labor Relations Board (NLRB) has increased its scrutiny on what restrictions an employer may lawfully impose on an employee's use of social media. Mark J. Neuberger of Foley & Lardner LLP , discusses current developments in labor and employment law with regard to both employee and employer rights in the social media world. NOTE: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 0 credit hours will apply to legal ethics/professional responsibility credit.

With the National Labor Relations Board’s renewed and aggressive activity into areas such as social media and restricting locations of employer operations (areas the NLRB has not previously entered), employers and their counsel must be advised of current Board developments and direction. Join Kevin Hyde, a partner in Foley & Lardner LLP, who looks at recent NLRB activity and predicts where the Board may go next.

Jeffrey Edelstein, a partner at Manatt, Phelps & Phillips, LLP, provides an overview of privacy, recent developments, and enforcement activity, including most notably the FTC’s final report on privacy, areas of potential privacy enforcement, and practical pointers for companies trying to apply the FTC’s privacy framework. Topics include: • Privacy Overview • Recent Developments and Enforcement Activity • White House Proposal / Consumer Privacy Bill of Rights • Proposed Legislation • Do Not Track (existing mechanisms) • Enforcement Actions: Google and Facebook • The FTC’s Report: Protecting Consumer Privacy in an Era of Rapid Change (March 2012) • FTC’s Privacy Framework and Guidelines • Scope • Privacy by Design • Simplified Consumer Choice • When should companies require consumer choice (opt-ins) • Transparency • Areas Ripe for Enforcement • Mobile (e.g., appropriate disclosures; safeguarding data against cell phone theft) • Large Platform Providers • Practical Pointers for Applying the FTC’s Privacy Framework • Tips for creating effective data management procedures • When should companies require opt-ins? •

In implementing a BYOD program, there are a number of legal, financial and corporate risks that an organization must first address. In his first program covering BYOD, Understanding the Legal Risks of Bring Your Own Devices (BYOD): Important Considerations for In-House Corporate, Employment and Technology Lawyers (2250), Aaron Tantleff of Foley & Lardner LLP discussed several of the legal risks. This time, he is joined by Jennifer Neumann of Foley & Lardner LLP and they take a closer look at some of these risks and review a number of issues counsel for organizations of all sizes and types should address when considering implementing a BYOD program or in their review of their existing programs. Our presenters also discuss how some recent cases may affect one's BYOD policy, examine provisions from existing BYOD policies, discuss potential concerns, and provide suggestions on better drafting.

Todd Solomon, a partner at McDermott Will & Emery LLP, and a frequent speaker and writer on employee benefits issues resulting from domestic partnerships and same-sex marriages, discusses the impact of the New York same-sex marriage law on employee benefit plans. Topics include: • which plans are required to offer coverage to same-sex spouses, • the federal and state tax implications of providing such coverage, and • best practices for administering a program that covers same-sex spouses.

Lou DiLorenzo, the Chair of Bond, Schoeneck & King’s Labor and Employment, Employee Benefits Practice and Immigration Group and Managing Partner of its New York City and Garden City Offices, discusses the ethical considerations and restraints involved in witness preparation (“horse-shedding” the witness). Topics include: • The Background: Formal ethical rules involved in witness preparation and/or the use or presentation of false testimony or documents, including ABA Model Rule 1.3, 3.3(b); the Restatement (Third) Concerning Lawyers, Sections 116, 120(1)(c); NY Rules of Professional Conduct 1.2; 3.3(a)(3), 3.4(a) (5), 8.4(b-d); cases and opinions; and the general ethical line between proper preparation and improper conduct • The Lecture: Advising a client on how the law applies to his or her testimony, the Abstract Permissible, timing of the lecture • The “Factual” Lecture: “Needed” facts minus the law • The Witness’ Words: Repackaging versus alteration • The Witness’ Looks: Modifying and shaping the witness’ appearance, demeanor, confidence • The Answers: “Not recalling”,