AttorneysEd Center

As the unemployment rate rises throughout the United States, employers of all sizes are faced with difficult layoffs and reductions in force. An added layer of complexity is created when the employer offers severance pay benefits in exchange for a release agreement. Todd Solomon, an employee benefits attorney with vast experience in severance plan matters, discusses the legal issues involved in offering severance benefits and securing release agreements, including the following: - ERISA coverage of severance plans and reporting and disclosure requirements. - Typical severance plan provisions and benefits. - Application of Code Section 409A to severance benefits and relevant exceptions. - WARN Act and notice requirements for plant closings. - Typical provisions of severance release agreements and best practices. - Requirements for age discrimination waivers and relevant EEOC guidance. NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of

Please join Elizabeth Thomas, Vanessa Edwards and Gordon Peery, all from K&L Gates LLP, as they cover important developments in climate change laws, both in the United States and the European Union. Our presenters: (a) describe Greenhouse Gas (GHG) reporting requirements and programs in the U.S. and the E.U., with a focus on similarities and differences among reporting schemes; (b) discuss the implications for carbon trading, both domestically in the U.S. and between entities in the U.S. and elsewhere; and (c) provide an update on international carbon trading practices, initiatives and reforms.

Most workers are well aware that every keystroke they make on work-issued computers, phones and PDAs can be monitored legally by their employers. But many do not know of the legal debate raging in courtrooms across the country about the degree to which an employer can also monitor electronic activity on personal devices, even where those devices may never have been connected to the employer's network. Heather Egan Sussman, Stephen D. Erf and Lisa Richards Rahilly, all from the law firm of McDermott Will & Emery LLP, explain the legal framework for this privacy debate and what it means for the workplace, and include practical advice about when and to what extent employers can use employees' electronic activities to make employment-related decisions like hiring and firing. NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in

Massachusetts has enacted some of the most comprehensive state data security laws in the United States. The latest regulations take effect March 1, 2010, and all entities subject to these regulations must be in compliance by that date or risk substantial fines and penalties. As the March deadline looms, companies and their counsel throughout the United States are wrestling with the question of whether and to what extent these laws apply to their workplace—particularly if they do not do business in Massachusetts—because the Massachusetts Attorney General has consistently maintained that enforcement will not have geographic boundaries. This essentially means that if (1) an out-of-state business (2) has personal information of a Massachusetts resident, and (3) there is a breach of security of that information, the business can expect to be held accountable in Massachusetts for failures to comply with applicable Massachusetts laws. Join Heather Egan Sussman, a partner in McDermott Will & Emery LLP,

Tom Gorman of Porter Wright Morris & Arthur LLP discusses SEC enforcement priorities for the coming year in securities investigations and enforcement actions. Hot Topics include: current enforcement efforts regarding the FCPA; insider trading and the on-going investigations related to the Galleon case; the new reorganization of the SEC's Division of Enforcement; key issues regarding primary and secondary liability, as well as the liability of executives to repay bonuses as in the SEC's Jenkins case; the impact of pending legislation regarding hedge funds, derivatives and investment advisers; and other key enforcement topics.

Join Andrea Kramer, a partner at McDermott Will & Emery LLP, for this informative 6-part series on International oil and gas contracts. In Part VI, she discusses: 1. why it is important to know about investment treaty arbitration; 2. multi-lateral and bi-lateral investment treaties, and denial of treaty benefits provisions; and 3. the Energy Charter Treaty (ECT). Note: While programs in this series build on each other, each also stands alone. Accordingly, attendees may take the entire series or any individual programs they choose. NOTE to TX Attorneys: 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 credit hours, of which 0 credit hours will apply to legal ethics/professional responsibility credit.

Join Andrea Kramer, a partner at McDermott Will & Emery LLP, for this informative 6-part series on International oil and gas contracts. In Part V, topics include: 1. dispute resolution other than by arbitration, including non-binding ADR; partnering; negotiation; mini-trials; and mediation; 2. mediation, including advantages and disadvantages; typical mediation clauses; the role of a mediator; and the American Arbitration Association’s mediation rules; 3. conciliation; expert findings; stepped or tiered resolution; the CPR International Model Multi-step Dispute Resolution Center; the four-tiered ADR procedure (Hong Kong Airport Core Program); court litigation; expert determination; and Dispute Adjudication Boards (DABs); and 4. the convergence of Dispute Resolution Boards (DRBs) and Dispute Adjudication Boards (DABs). Note: While programs in this series build on each other, each also stands alone. Accordingly, attendees may take the entire series or any individual programs they choose. NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by

Join Andrea Kramer, a partner at McDermott Will & Emery LLP, for this informative 6-part series on International oil and gas contracts. In Part IV, she discusses: 1. many traditional construction contracts used in the international oil and gas industry, particularly the Engineering, Procurement and Construction Management Contract (EPCM Contract); 2. construction contract pricing methods; popular international construction contract pricing methods; and negotiation of an EPC Contract; and 3. international turnkey contract hot spots, including an illustration of possible disputes and negotiation considerations. Note: While programs in this series build on each other, each also stands alone. Accordingly, attendees may take the entire series or any individual programs they choose. NOTE to TX Attorneys: 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 credit hours, of which 0 credit hours will apply to legal ethics/professional responsibility credit.

Join Andrea Kramer, a partner at McDermott Will & Emery LLP, for this informative 6-part series on International oil and gas contracts. In Part III, she provides a discussion of common international energy and natural resource agreements in the oil and gas industry, including Concession Agreements; Production Sharing Agreements (including a comparison of Concession Agreements and Production Sharing Agreements); Joint Operating Agreements; Farm Out and Farm In Agreements; Unitization Agreements; Shareholder and Joint Venture Agreements; Risk and Service Agreements; International Drilling Contracts; and Well Service Agreements. Note: While programs in this series build on each other, each also stands alone. Accordingly, attendees may take the entire series or any individual programs they choose. NOTE to TX Attorneys: 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 credit hours, of which 0 credit hours will apply to legal

Join Andrea Kramer, a partner at McDermott Will & Emery LLP, for this informative 6-part series on International oil and gas contracts. In Part II, she discusses why arbitration in the international oil and gas industry can be preferable to litigation. Topics include: 1. the international arbitration process; including ad hoc arbitration; 2. UNCITRAL arbitration rules; institutional arbitration; and other important arbitration institutions and rules; and 3. issues with international arbitration procedures to address in contract negotiation, including key elements of an arbitration clause; selected basic, general and specialized clauses; enforcement considerations; real examples of defective arbitration clauses and how to prevent them; and contract provisions to prevent defective arbitration clauses. Note: While programs in this series build on each other, each also stands alone. Accordingly, attendees may take the entire series or any individual programs they choose. NOTE to TX Attorneys: This course has been approved for Minimum Continuing Legal Education credit by