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Programs in Employment & Labor Law



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An Overview of Shareholder Derivative Litigation Principles and the Impact of Director and Officer Indemnification Agreements (August 7, 2019)

Program Number: 2996 Presenter: Jennifer Hadley Catero, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** This course provides an overview of the procedural mechanics of a shareholder derivative claim including the nature of a derivative claim, the posture of the named parties, determining applicable law, the demand requirement, demand futility, the role of the internal investigation and special litigation committees. The course also touches upon the various sources of coverage for a director or an officer who is targeted by such a claim including D&O insurance, statutory indemnification requirements and also the corporation’s charter documents including the articles and bylaws. Indemnification Agreements can also provide an additional layer of protection for the director and officer which can help corporation’s attract top talent. Some

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What Millennial Lawyers Want! (May 22, 2019)

Program Number: 2986 Presenter: Susan Smith Blakely, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** The Facts about Millennial Lawyers: The Values that Millennial Lawyers Bring to the Profession; What Millennial Lawyers Want from Law Practice; The Challenges for Law Firms to Initiate Changes to Retain and Develop Millennial Lawyers; and The Similarities Between the Values of Millennial Lawyers and Lawyers of The Greatest Generation. We’ve activated author discount code USZP-DLMP#200733 for 33% off purchases of the print book from 5/15 to 5/30, available at the Wolters Kluwer website: https://www.wklegaledu.com/Blakely-MillenialLawyers1/

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Trends in Corporate Internal Investigations (June 4, 2019)

Program Number: 2982 Presenter: Benjamin S. Fischer, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** This program will focus on cutting edge trends in corporate internal investigations, including recent issues such as the legal implications of the government deputizing law firms to conduct criminal investigations, cross-border privilege and data protection issues, and the impact of the DOJ’s recent corporate compliance evaluation standards. The program will be led by Benjamin Fischer of Morvillo Abramowitz Grand Iason & Anello PC. Mr. Fischer has extensive experience representing companies and individuals in global internal investigations and related proceedings.

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Impending Legalization - Hot Topics in Cannabis Law

Program Number: 2981 Presenter: Robert Hertman, Esq., James K. Landau, Esq., Andrew Schriever, Esq.

The legalization of cannabis by states across the nation for both medical and adult use has caused a surge in the production and distribution of legal marijuana and a significant increase in related service providers, including marketers, sellers of paraphernalia and investors. The laws vary greatly from state to state and the sale of cannabis is still illegal under federal law. The faculty for this seminar features several leading authorities on the subject. This comprehensive program on cannabis law will introduce you to the most relevant issues for businesses and attorneys looking to get involved in this emerging industry. The faculty will cover the issues involved in the regulation of cannabis and possible future regulation and an overview of recent case law around the nation affecting this industry. The faculty will also discuss conflicts between federal and state law and policy, including application of ethics rules such as Rule 1.2 of

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Improving Women's Working Relationships With Other Women in the Legal Profession (June 11, 2019)

Program Number: 2962 Presenter: Alton (Al) B. Harris, Esq. (2018), Andrea S. Kramer, Esq. (2018)

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Andie Kramer, partner in an international law firm, and Alton B. Harris, partner (retired) at Nixon Peabody LLP, discuss the complicated dynamics of women’s working relationships with other women. Women, men, and organizations often believe that there is something problematic, even dysfunctional, about these relationships. While men’s working relationships with other men are seen as the baseline for healthy same-sex business relationships, women’s relationships with other women are often seen as disruptive to their organizations and hurtful to their career advancement. Andie and Al identify and review the underlying reasons for real or perceived women-to-women conflict at work and provide pragmatic advice on how to overcome and avoid

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Making Real Progress Towards Diversity and Inclusion in the Legal Profession

Program Number: 2961 Presenter: Alton (Al) B. Harris, Esq. (2018)

Alton B. Harris, partner (retired) at Nixon Peabody LLP, discusses the nature and extent of the achievement disparity between female and other minority lawyers and white male lawyers. They also review why and how stereotypes and the biases that flow from them cause this disparity by preventing women and minorities from advancing in their legal careers as far and as fast as men. They then provide women, men, and organizations with specific insights and communication techniques they can use to avoid or overcome these often subtle and unconscious biases. The program includes a discussion of the relevance of ABA’s Model Rule 8.4(g) and various ABA Resolutions.

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FISA: More of Everything You Didn’t Know

Program Number: 2946 Presenter: George W. Croner, Esq.

Electronic surveillance represents the most important foreign intelligence collection tool available to the U.S. government. Correspondingly, the ability to surveil constitutes one of those activities most susceptible to abuse by a government against its citizens. In the U.S., the government’s use of electronic surveillance is highly regulated and can be conducted for only two purposes: law enforcement, which is undertaken by both federal and state governments; and foreign intelligence collection, which is an exclusively federal government function conducted pursuant to a single authority - the Foreign Intelligence Surveillance Act or “FISA”. FISA governs not only electronic surveillance but the use of physical searches, pen registers, trap and trace devices, and business records collection to acquire foreign intelligence. It permits surveillance and other intrusive activities in the United States both with, and in limited circumstances, without a warrant. It covers virtually every major intelligence collection effort used by

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Inspector General Whistleblower Investigations – How They Work & How to Manage if Under Investigation

Program Number: 2945 Presenter: Margaret Cassidy, Esq.

Federal Government inspector general offices are required to investigate whistleblower complaints against contractors in certain circumstances. If your company does business with the federal government, it is important to know: How inspector general offices work, When IG’s must investigate whistleblower complaints, How the “new” DoD alternative dispute resolution process for whistleblower complaints work, and What your company can do to mitigate the risk of an inspector general investigation as well as how to manage if your company is under investigation. This CLE will discuss applicable laws, regulations and best practices on making it through an IG investigation.

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SEC Whistleblower Program: Where We Stand with Internal Investigations and Corporate Policies/ Procedures

Program Number: 2936 Presenter: Jennifer L. Berhorst, Esq. , Jennifer Kies Mammen, Esq.

In this program, of particular interest to in-house lawyers and litigators at public companies, our presenters will address developments under the SEC’s Dodd-Frank Whistleblower Program, including the Supreme Court’s 2018 decision favoring a narrow definition of “whistleblower” and proposed amendments to the whistleblower rules, and will offer practical tips in conducting internal investigations and reviewing company policies and procedures.

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Structuring Options for ESOP Transactions: Advanced Techniques for ERISA Counsel and Plan Sponsors

Program Number: 2920 Presenter: David R. Johanson, Esq., Roberta Casper Watson, Esq.

An employee stock ownership plan or “ESOP” can be an extremely useful tool in terms of tax and employee benefits that it provides and in the contexts of business succession planning and corporate mergers and acquisitions. The design and structure of ESOP transactions and the administration of ESOPs in general, however, remain subject to heightened scrutiny. To help ERISA counsel, accountants, and corporate directors and officers understand the statutory and regulatory framework that governs ESOP transactions, our panel will discuss applicable laws and regulations impacting ESOP transactions, available regulatory guidance, and other critical considerations for structuring ESOP transactions. This program on advanced structuring alternatives for ESOP transactions will address the available financing alternatives for ESOP transactions, ESOP transaction structure alternatives, how management incentive plans may factor into transaction planning and procedures, clawbacks and earn-outs in ESOP transactions, and potential conflicts of interests in structuring ESOP transactions.

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