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Programs in Regulatory and Administrative Law



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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 Loop 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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The Future of Insider Trading Law: The Supreme Court and Salman

Program Number: 2640 Presenter: Thomas O. Gorman, Esq.

This term the Supreme Court will hear U.S. v. Salman, the insider trading case based on what a jury found to be illegal tipping. The Ninth Circuit agreed, claiming it followed the Supreme Court’s landmark decision in Dirks v. SEC, which drew a line in the sand between illegal insider trading and tipping and other conduct. But the Second Circuit also claims to have faithfully followed Dirks in its seminal Newman decision, which the SEC and prosecutors argue will substantially hinder insider trading enforcement. Although Newman, like Dirks, drew a clear line, the Supreme Court refused to hear that case. Salman did not draw a Dirks-type line. The question is what the High Court might do: might it tell Congress to write a statute rather than having the courts continue to write rules, overrule Dirks, or perhaps create a new approach? The stakes for insider trading enforcement could

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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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Patent Exhaustion after the Federal Circuit’s Decision in Lexmark International, Inc., v. Impression Products, Inc.

Program Number: 2635IP Presenter: Casey Campbell, Esq., Amol Parikh, Esq.

Amol Parikh and Casey Campbell, McDermott Will & Emery, discuss the impact of the Federal Circuit’s decision in Lexmark International, Inc., v. Impression Products, Inc. on the issue of patent exhaustion. Topics include the history of the patent exhaustion doctrine, the changes in the law pronounced by the Federal Circuit, and considerations of potential licensing strategies in view of the case.

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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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Supreme Court Review: IP Cases from the October 2015 through June 2016 Term

Program Number: 2627IP Presenter: Anthony F. Lo Cicero, Esq.

During the 2015-2016 term, the Supreme Court is expected to issue decisions in Stryker Corp. v. Zimmer, Inc. and Halo Elec. V. Pulse Elec., relating to the award of enhanced damages in patent cases; Samsung Elec. V, Apple, Inc., regarding the design patent scope and monetary recovery; and Cuzzo Speed Tech. v. Lee, dealing with the scope of claim construction in PTAB proceedings and the reviewability of institution decisions. Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP for a discussion of these important cases and their likely ramifications.

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