Current Developments in Employment Law: The Obama Years at Mid-Term

Transcription

1 Employment / Labor Law 18 th Annual Advanced ALI-ABA Course of Study / Live Video Webcast American Law Institute American Bar Association Continuing Leadership in Professional Education Current Developments in Employment Law: The Obama Years at Mid-Term Thursday-Saturday July 28-30, 2011 Santa Fe, New Mexico (La Fonda Hotel) Live Video Webcast Employment law is morphing quickly. Stay current and competitive with cutting-edge instruction on changes in the law, strategies, and tactics that are valuable for both plaintiff and defense counsel, public and private. Join national experts for a series of engaging presentations. The course features: Bob Fitzpatrick on the U.S. Supreme Court s term, with commentary by Judges Ann Montgomery, Rebecca Pallmeyer, and Jerry Smith Peggy Mastroianni and Frank Morris on the ADA Amendments Act A mock spoliation motion for sanctions, featuring Judge Paul Grimm, Craig Ball, and Ed Ellis Two full hours on evidence issues in employment cases A one-hour segment on ethics, approved for CLE credit Networking opportunities each day And much more! Get this vital information 8 different ways! See inside.

2 Current Developments in Employment Law: The Obama Years at Mid-Term This state-of-the-art annual advanced course of study, comprising more than 18 hours of instruction, reviews and analyzes all the key developments in employment legislation, regulation, and case law. The faculty includes federal circuit, district, and magistrate judges, who candidly share with registrants their perspectives on employment law developments and litigation issues. Within the topical areas on the program, cutting-edge issues receive concentrated attention from an insightful faculty. The course emphasizes current developments and is taught at an advanced level. The substantial study materials include analyses, checklists, and forms that not only flesh out the oral presentations, but also provide a desk reference of exceptional independent value. Time is reserved throughout the program for the faculty to address questions submitted by the registrants and to assist registrants in any other ways that might render the course more productive for their practices, not just during sessions, but also informally and during the networking reception following the first day of the course. ALI-ABA Curriculum Employment and Labor Law ALI-ABA s employment/labor law curriculum is renowned for decades of excellence in probing the essential and emerging issues that practitioners face daily. More than 30 intensive courses and short webcasts ensure a firm grounding in the law, techniques, and hot issues taught by distinguished faculties from the bar, bench, and government. Discerning management and employee counsel rely on ALI-ABA programs as businesses grapple with changes in health care law, financial insecurity, and an increasingly multi-generational, global workforce. ALI-ABA programs in the employee benefits, litigation, and other fields provide additional opportunities to broaden practitioners knowledge. ALI-ABA document drafting, lawyering skills, law practice management, and ethics webcasts also offer convenient ways to develop professionally. Registration for an ALI-ABA program is an investment that includes free online access to the recorded program and accompanying electronic study materials. Time is reserved throughout the program to address written questions submitted by the registrants.

3 Planning Chairs (also on faculty) JUDICIAL PLANNING CHAIRS Paul W. Grimm Chief Magistrate Judge, U.S. District Court, Baltimore Rebecca R. Pallmeyer Judge, U.S. District Court, Faculty Chicago PRACTITIONER PLANNING CHAIRS Robert B. Fitzpatrick Robert B. Fitzpatrick, PLLC, Washington, D.C. Frank C. Morris, Jr. Epstein Becker & Green, P.C., Washington, D.C. JUDGES Bruce D. Black Judge, U.S. District Court, Santa Fe Ann D. Montgomery Judge, U.S. District Court, Minneapolis Jerry E. Smith Judge, U. S. Court of Appeals for the Fifth Circuit, Houston PRACTITIONERS Craig D. Ball Forensic Technologist and Certified Computer Forensic Examiner, Craig D. Ball, P.C., Austin, Texas Daniel L. Bonnett Martin & Bonnett PLLC, Phoenix Steven G. Eckhaus Katten Muchin Rosenman LLP, New York Edward T. Ellis Littler Mendelson, P.C., Philadelphia Charlotte Fishman Executive Director, Pick Up the Pace, San Francisco Laura L. Ho Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland Ellen C. Kearns Constangy, Brooks & Smith, LLP, Boston Peggy R. Mastroianni U.S. Equal Employment Opportunity Commission, Washington, D.C. Sandra R. McCandless SNR Denton, San Francisco Maureen McLoughlin Davis & Gilbert LLP, New York Peter M. Panken Epstein Becker & Green, P.C., New York Gary E. Phelan Cohen and Wolf, P.C., Bridgeport, Connecticut Richard T. Seymour The Law Office of Richard T. Seymour PLLC, Washington, D.C. Bernard R. Siskin, Ph.D. BLDS, LLC, Philadelphia ALI-ABA Staff Attorney: Thomas M. Hennessey Assistant Director, Office of Courses of Study

4 Program For more details, go to Program subject to minor change All times Mountain Time Wednesday, July 27, :00-6:00 p.m. Early Registration Thursday, July 28, :30 a.m. Registration and Continental Breakfast 8:25 a.m. Welcome and Announcements ALI-ABA Staff Video Webcast Segment A $299 8:30 a.m. Introductory Remarks and Course Overview 8:40 a.m. Welcome Judge Black 8:45 a.m. U.S. Supreme Court Employment Law Developments Mr. Fitzpatrick Staub v. Proctor Hospital and the cat s paw doctrine NASA v. Nelson and informational privacy Thompson v. North American Stainless, LP and associational claims Kasten v. Saint-Gobain Performance Plastics Corp. and verbal complaints as protected activity Dukes v. Wal-Mart Stores, Inc. and class actions 9:45 a.m. Judges Commentary on the U.S. Supreme Court Term Judges Montgomery, Pallmeyer, and Smith 10:15 a.m. Networking and Refreshment Break 10:30 a.m. Americans With Disabilities Act (ADA) Developments Moderator: Judge Pallmeyer; Ms. Mastroianni and Mr. Morris A discussion of the impact of the ADA Amendments Act, the proposed EEOC regulations, and the annual tour de force review of recent cases 11:30 a.m. Hot Topics in Federal and State Wage and Hour Litigation Moderator: Judge Smith; Mss. Ho and Kearns Off-the-clock time: When do you have to pay for it?; Commuting time; Salary basis test, including pro rata bonuses; Administrative/production dichotomy; Computer employees 12:30 p.m. Lunch Break and Tour of the Santiago E. Campos U.S. Courthouse U.S. District Judge Bruce Black leads a tour of the historic federal Greek Revival courthouse in Santa Fe. Completed in 1889 and listed in the National Register of Historic Places, the courthouse contains six murals of landscapes commissioned as a WPA project and a Kit Carson memorial. Video Webcast Segment B $299 2:00 p.m. Evidence Issues in a Digital World: A Mock Rule 26(f) Discovery Conference Judge Grimm; Mr. Ball for the plaintiff and Mr. Ellis for the defense A mock argument on a motion for sanctions for spoliation is presented, Judge Grimm decides the motion, and the registrants ask questions. 3:00 p.m. Networking and Refreshment Break 3:15 p.m. Current Issues in E-Discovery Moderator: Judge Pallmeyer; Judges Grimm and Montgomery and Mr. Ball Working from a series of fact patterns provided to the registrants in advance, the moderator poses questions regarding electronic discovery to a panel of nationally-recognized electronic discovery experts, and the experts provide state-of-the-art advice 4:30 p.m. The Obama NLRB: What the New Board Means for Employers and for Unrepresented Employees Mr. Bonnett and Ms. McCandless Workplace posting requirement regarding right to organize; Expansion of the definition of protected concerted activity; State laws to guarantee secret ballots in union elections 5:30 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty Friday, July 29, :30 a.m. Networking Session and Continental Breakfast

5 Video Webcast Segment C $299 8:00 a.m. Genetic Information Nondiscrimination Act (GINA) and the EEOC Regulations Ms. Mastroianni and Mr. Phelan EEOC regulations; Wellness programs; Discovery requests re: emotional distress claims and Rule 35 mental exams; Requests for medical information in FMLA and other cases; GINA and social media 8:45 a.m. Employment and Separation Agreements for Executives: A Balanced Perspective Mr. Eckhaus and Ms. McLoughlin Emerging trends in executive pay; Two views of compensation committees; Clawbacks; IRC 409A the legacy of Enron; The Ten Commandments of modern contract negotiation 9:45 a.m. Networking and Refreshment Break 10:00 a.m. Recurring Evidence Issues in Employment Cases Moderator: Judge Grimm; Judges Montgomery and Pallmeyer and Messrs. Bonnett and Ellis Admissibility of evidence from social media sites; Character evidence and related issues; Developing law under Federal Rule 502; Developments in the law of spoliation 11:00 a.m. Networking and Refreshment Break 11:15 a.m. Recurring Evidence Issues in Employment Cases (continued) 12:00 noon Lunch Break, Wage and Hour Forum, and Open Mic Session (optional segment; not recorded or webcast; box lunch can be purchased) Mss. Ho and Kearns discuss additional topical issues in federal and state wage and hour cases. This is also an open microphone session where the registrants can propound questions to our two wage and hour experts. Video Webcast Segment D $299 1:30 p.m. New Federal Retaliation and Whistleblower Claims Messrs. Fitzpatrick and Morris The whistleblower reward provisions in the Dodd- Frank Wall Street Reform and Consumer Protection Act and the proposed regulations implementing those provisions Dodd-Frank Act amendments strengthening the anti-retaliation provisions of the Sarbanes-Oxley Act and the False Claims Act Recent case developments under Section 806 of the Sarbanes-Oxley Act An overview of recently enacted federal whistleblower protection laws protecting workers in the transportation and health care industries 2:30 p.m. Networking and Refreshment Break 2:45 p.m. Resurgence of Disparate Impact Class Litigation, Statistical and Other Expert Testimony, and the Role of the OFCCP Moderator: Judge Pallmeyer; Ms. McCandless, Mr Seymour, and Dr. Siskin 3:45 p.m. Emerging Employment Issues under State Law Mr. Fitzpatrick Social networking sites; Choice of law; Defamation; Public policy tort; State anti-discrimination trends; Non-compete litigation 4:30 p.m. Retaliation and Whistleblower Case Law Developments Moderator: Judge Montgomery; Ms. Fishman and Messrs. Ellis, Panken, and Phelan Similarities between whistleblower and retaliation cases and why they are so dangerous for employers 5:30 p.m. Adjournment for the Day Saturday, July 30, :30 a.m. Networking Session and Continental Breakfast Video Webcast Segment E $299 8:00 a.m. Ethics and Professional Responsibility Judge Grimm Engaging in dirty tricks, tactics, or deceptive practices in employment cases; Use of company laptops by employees; Theft of ESI by departing employees; Attorney-client privilege issues

6 9:00 a.m. The Battle of the Experts Moderator: Judge Smith; Ms. McLoughlin, Mr. Seymour, and Dr. Siskin Social framework expert; Stereotyping/implicit bias expert; Forensic economist; Statistical evidence; Mental practitioners, including treaters 10:00 a.m. Networking and Refreshment Break the expert underscoring weaknesses in the lawyers approaches. 11:15 a.m. Cutting-Edge Employment Law Issues Moderator: Judge Montgomery; Ms. Fishman and Messrs. Fitzpatrick and Seymour 12:30 p.m. Adjournment 10:15 a.m. Damages in Employment Cases: How To Maximize/Minimize Moderator: Judge Grimm; Ms. McLoughlin, Messrs. Eckhaus and Seymour, and Dr. Siskin An expert and two lawyers, one who represents high level/high net worth executives and the other who represents lower compensated employees, discuss how to calculate damages in order to maximize demands in negotiations and trial with 8 On-site: ways to satisfy your CLE requirements Total 60-minute hours of instruction: 18.75, including one hour of ethics and professionalism 22 CPE credit hours in Business Law (live program and group internet based program) Maximize your CLE experience. Learn from the best and network with serious practitioners. Register one person from your firm for this course and get all subsequent registrations at 50% off. Up to 50% off Live Webcast: Can t attend? Register for the live webcast or any of its segments and participate by asking questions online, in real time, and get our famous course materials via searchable PDF. Interrupt your viewing at any time and catch up later with the free online archive. Get all the information you need, and satisfy your CLE needs, without leaving your office. $1,049/$299 Group Webcasts: Schedule a convenient group viewing of this course for two or more people and save on tuition. Provide your firm or department with access to the finest legal talent and train more people at a lower cost without the additional expense or time constraints of travel. Up to 30% off Online (on demand/archive) CLE: Online audio and/or video and searchable (PDF) course materials are available 24/7 for every course and course segment. Free To Registrants DVD / CD-ROM Watch or listen to ALI-ABA s renowned courses in your car, home, or office on your computer, DVD player, or MP3 player at your own pace. $829/$629 Printed + Online Course Materials ALI-ABA s acclaimed course materials are available in print or electronically and can be purchased before or after the course. $299

7 how to register online phone CLE NEWS fax mail return the form on the back panel of this brochure to: REGISTRAR, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA GET MANDATORY CLE AND CPE CREDIT Virtually all ALI-ABA programs receive CLE credit in AK, AL, AR, AZ, CA, CO, DE, FL, GA, IA, IL, IN, KS, KY, LA, ME, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VT, WA, WI, and WV. Upon request, ALI-ABA will apply for CLE credit in ID, OR, and WY. This course is expected to qualify for credits, including one ethics credit, in 60-minute MCLE jurisdictions; and for 22.5 credits, including 1.2 ethics credits, in 50-minute MCLE jurisdictions. In NY, this course is appropriate for both newly admitted and experienced attorneys. For specific information on CLE, CPE, or other professional accreditation in your state, please the MCLE Team at go to or call CLE-NEWS. NASBA ALI-ABA is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN Web site: For more information regarding ALI-ABA s administrative policies, such as complaint and refund, please call Customer Service at (800) CLE-NEWS. CPE credit hours for this course: 22 in Business Law (live group and group internet based program). Learning Objectives: Maintenance of professional competence as a practitioner; Provision of information on recent developments; Development of proficiency in performance of intricate and complex tasks within a narrow area. Suggested Prerequisite: Limited experience in practice in subject matter or completion of Basic CLE/CPE Course in subject matter. Level of Instruction: Advanced HOTEL ACCOMMODATIONS A limited block of rooms has been reserved at La Fonda on the Plaza. Room rate: $219 per night, single or double occupancy. These rooms will be held as a block, unless exhausted, until June 27, at which time they will be released to the general public. Registrants must make their own hotel reservations and indicate that they are attending the ALI-ABA Course of Study to qualify for rooms in the block. Room reservations may be made by calling La Fonda on the Plaza, 100 East San Francisco Street, Santa Fe, NM 87501; phone or Confirmations will be sent by the hotel. Please read the cancellation policy carefully. Go to for more info about: registration/cancellation/requirements for persons with disabilities/scholarships AND DON T MISS... Airline and Railroad Labor and Employment Law: A Comprehensive Analysis June 9-11, 2011 Washington, DC and Live Video Webcast SANTA FE is synonymous with native culture and fabulous cuisine. After immersing yourself in employment law, you can indulge your thirst for art with Santa Fe s offerings. This year s presentation coincides with Santa Fe s annual Spanish Market Weekend and the Santa Fe Opera s summer 2011 season. Opera productions in the last week of July include Gian Carlo Menotti s The Last Savage, Antonio Vivaldi s Griselda, and Alban Berg s Wozzeck. Here s what registrants have said about previous presentations of this course: Excellent seminar. Definitely the best employment law seminar out there. I am a repeat attendee, and will be back. Outstanding faculty presentations strengthened by cross-pollination among private practitioners, federal judges, and academics. follow us on

8 Online Phone CLE NEWS FAX Mail Registrar, ALI-ABA, 4025 Chestnut Street, Philadelphia, PA Current Developments in Employment Law: The Obama Years at Mid-Term Santa Fe, New Mexico, July 28-30, 2011 $1,449 Please enter registration(s) CT001 I am a full-time employee of the federal, a state, or a local government or a government agency. Tuition: $1,014 CT001GOV Live Video Webcast $1,049 The entire program. Tuition: $1,049 WAT001 Webcast Segment C. Tuition: $299 WAT001C Webcast Segment A. Tuition: $299 WAT001A Webcast Segment D. Tuition: $299 WAT001D Webcast Segment B. Tuition: $299 WAT001B Webcast Segment E. Tuition: $299 WAT001E Can t attend? You don t have to miss anything! Order the: DVD (video), including a complimentary MP3 CD-ROM and PDFs of the course materials $829 AT001V Audio MP3 CD-ROM of the program and PDFs of the course materials $629 AT001 Printed course materials $299 ST001 Tuition discounts I am a recent law school graduate (< 5 years) or retired senior lawyer (65 or older). Payment is in the amount of the stated tuition, minus 30% (graduates) or 50% (senior lawyers) $ Total j Check enclosed (payable to ALI-ABA) Please charge to my credit card: j AMEX j DISCOVER j MasterCard j VISA Card no.: Card expiration date: / si g nat ur e e-m a i l a d d r e s s (r eq uir ed f o r w e b c a s t s a n d o n l i n e s u b s c r i p t i o n s) CT001