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Programs in Regulatory and Administrative Law

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Whistleblower Protection Expanded: Lawson v. FMR, LLC

Program Number: 2426 Presenter: Roger A. Lane, Esq., Courtney Worcester, Esq.

The United States Supreme Court’s recent decision in Lawson v. FMR, LLC, resolved a circuit split and determined that the whistleblower protections of the Sarbanes-Oxley Act of 2002 apply to private contractors that perform work for publicly held companies. As a result of this decision, private employers that do business with publicly held companies need to be cognizant that their employees may be covered by SOX’s whistleblower protections and will need to ensure that they have the necessary policies and procedures in place to encourage and protect whistleblowers. Join Roger Lane and Courtney Worcester as they review the Court’s decision and provide practical advice for companies and their counsel to minimize their exposure to whistleblower claims.

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Employee Benefits for Same-Sex Partners-Required Benefits and Best Practices Post-DOMA

Program Number: 2424 Presenter: Todd A. Solomon, Esq.

In June 2013, the United States Supreme Court ruled that the federal definition of marriage limited to one man and one woman was unconstitutional, and Section 3 of the Federal Defense of Marriage Act ("DOMA") was repealed. The Court's ruling had dramatic implications for employee benefit plans and requires many plans that did not previously cover same-sex spouses to do so. In addition, more and more states continue to legalize same-sex marriage, and the federal and state taxation of health benefits offered to same-sex partners has grown more complicated before it's getting simpler. To top it all off, the IRS has issued some guidance, but has not yet issued critical guidance governing the retroactive impact of the Supreme Court ruling. 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

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Supreme Court Round-Up: Analysis of the Supreme Court's 2013 and 2014 Labor and Employment Cases and a Preview of the Upcoming Term

Program Number: 2420 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 2013-2014 terms, including the Court's decision about whether President Barack Obama violated the Constitution when he made recess appointments to the National Labor Relations Board and the Court's decision about whether United States Steel Corporation must pay steel workers for time spent changing into work clothes and protective equipment. Also discussed: cases that involve labor unions, and a state government's ability to compel workers to pay union dues, and the Supreme Court's upcoming 2014-2015 term.

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EEOC's Administrative Process: EEOC's "Sue First, Ask Questions Later" Strategy and the Federal Courts

Program Number: 2419 Presenter: Eric S. Dreiband, Esq.

Former U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Eric Dreiband, currently a partner at Jones Day, discusses strategies for responding to EEOC investigations and litigation; recent developments in the courts about the EEOC's obligations to comply with its procedural requirements; the EEOC's violations of its legally mandated procedures; significant court decisions about the EEOC; and other significant developments.

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Recent Developments at the EEOC: An Update about the EEOC's Enforcement Strategies and Litigation Program

Program Number: 2418 Presenter: Alison B. Marshall, Esq.

Alison B. Marshall, a partner at Jones Day, reviews the recent developments at the EEOC, including significant regulatory and policy documents issued by EEOC; its significant wins and losses in the courts; EEOC's investigation and litigation priorities; and other significant developments. Also discussed are EEOC’s potential actions, plans and strategies for the coming year.

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Best Strategies for Conducting Anti-Corruption Due Diligence in Emerging Markets

Program Number: 2414 Presenter: Edward J. Fishman

Edward J. Fishman, Esq., a partner in the Washington, D.C. office of K&L Gates LLP, has a broad range of experience advising clients with respect to U.S. and foreign government procurements, securities enforcement and compliance matters, cross-border transactions and complex infrastructure projects. Mr. Fishman has substantial experience representing clients in connection with the Foreign Corrupt Practices Act (“FCPA”), export control and other U.S. laws that apply to business activities outside the U.S., and he has conducted global internal investigations relating to FCPA, internal fraud, auditor independence and financial accounting irregularities for public and private companies in various industries. He manages a global team of lawyers that conducts FCPA due diligence and compliance reviews, has provided Code of Conduct training to clients in numerous countries, and regularly advises clients with respect to matters before the U.S. Department of Justice and the U.S. Securities and

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Workplace Privacy Considerations for In-House Counsel: What Can Be Seen and Heard behind Company Walls

Program Number: 2413 Presenter: Aaron Tantleff, Esq., Christopher G. Ward, Esq.

As companies digitize an ever-increasing amount of communications and seek to leverage information and technology sharing to enhance productivity, they unknowingly create a host of “new world” privacy and employment issues that require constant vigilance in a rapidly changing world of tweets, texts, talks and touch screens. Join Foley & Lardner LLP partners Aaron Tantleff and Christopher Ward as they discuss the legal risks and strategies from both an information technology and an employment and personnel management approach, and how to manage and mitigate those risks that the ever-changing world of technology and information sharing creates.

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Identifying, Managing and Prioritizing Data Privacy Risks: What In-House Counsel Need to Know

Program Number: 2405 Presenter: Jason D. Haislmaier, Esq., David A. Zetoony, Esq.

The ability to collect, use, and share data is crucial to the success of nearly all companies. At the same time, the risks relating to the collection, use, and sharing of data are constantly changing and have continued to grow ever more complex. In this program geared especially for in-house counsel, Jason Haislmaier and David Zetoony focus on strategies for both identifying the data-related issues and prioritizing those issues that raise the greatest legal risks to your company and clients.

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Mobile Apps and the New FDA Guidance for Mobile Medical App Developers: What In-House Counsel Should Know

Program Number: 2404 Presenter: Jason D. Haislmaier, Esq.

The FDA recently issued final guidance for developers on the regulation of mobile medical software applications (“apps”). The final guidance ends a more than 2-year process intended to clarify the FDA’s regulation of mobile medical apps and pave the way for even greater adoption of mobile medical technology. In this program geared especially for in-house counsel, Jason Haislmaier reviews and deciphers what the final guidance means for mobile medical app developers, addressing what questions have been answered by the final guidance; what issues remain unresolved; and what new questions have emerged.

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Clearing the Haze of Medical Marijuana in the Workplace: What In-House Employment Lawyers Should Know

Program Number: 2403 Presenter: Michael W. Groebe, Esq., Jennifer L. Neumann, Esq.

Many employers are confused and concerned regarding how to handle employees and their use of medical marijuana. This program, geared to in-house employment lawyers, addresses various state medical marijuana laws and interpretive case law, drug testing and implications of positive tests for marijuana, the duty to accommodate under the ADA, disciplining employees for medical marijuana use, and safety concerns related to medical marijuana.

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