In the Trenches - Dispatches from Judicial, EEOC, Inhouse, Plaintiff, and Defense Experts
Seminar Information
Date Presented:
March 18, 2016 8:00 AM Eastern
Length:
8 hours, 30 minutes
Click on a topic name to see details and purchase options.
Friday March 18, 2016

Distinguished inhouse L&E counsel talk about what’s on their minds—everything from litigation, arbitration, regulatory agencies, wage-and-hour cases, union organizing, and class-and-collective actions, to their pet peeves and how outside lawyers (plaintiff and defense) drive them crazy.

Speaker Information
Michael Dubus  [ view bio ]
Adrienne Rapp  [ view bio ]
Moderator: Cory Barker  [ view bio ]
Michael Canares  [ view bio ]

Although the ADA had its twenty-fifth birthday last year, the 2008 amendments spurred ever-evolving issues and lawsuits, and 37% of the EEOC’s cases filed in 2015 were disability related. Chris Kuczynski, the EEOC’s Assistant Legal Counsel in Washington, D.C., addresses significant issues facing employees and employers, including recent cases, EEOC enforcement and regulatory activity, trends in private litigation, and the future of the ADA.

Speaker Information
Christopher Kuczynski  [ view bio ]

With the explosion of Fair Credit Reporting Act (FCRA) class actions and the Supreme Court’s taking up the Spokeo case, the FCRA is at the forefront of employment law. Intended to govern the credit-reporting industry, the Act extends far beyond that, imposing multiple and technical obligations on employers with grave consequences for noncompliance. These experts ground us in the FCRA and place it in the larger data privacy and security landscape, then address best practices for avoiding and defending FCRA employment claims, all of no small interest to plaintiffs’ counsel.

Speaker Information
Cindy Hanson  [ view bio ]
Barry Goheen  [ view bio ]
Ian Smith  [ view bio ]

Since Concepcion and Italian Colors, more and more employment disputes are tried in mandatory individual arbitrations instead of courts. In this “Everything You Ever Wanted to Know About Employment Arbitration (But Were Afraid to Ask),” experienced arbitrator Dan Klein guides us through the strange world of employment arbitration where litigation instincts fail us and hidden obstacles abound. Focusing on discovery, rules and procedures, evidence, dispositive and other motions, and ethics and professionalism, Dan also offers tricks, traps, and tips for trying your case before an arbitrator. 

Speaker Information
Daniel Klein  [ view bio ]

Not easy for employees or employers to talk about, transgender issues in the workplace are on the cutting edge of employment law. These experts address the most common workplace issues that arise (e.g., customer and coworker complaints), federal agencies’ current positions on gender identity and sexual orientation as protected classes and on restroom usage, recent cases (e.g., Tovar v. Essentia Health), the EEOC’s lawsuits, the Deluxe Financial Services consent decree, state and local protections for transgender persons, the Corporate Equality Index and the Human Rights Campaign, tips for supporting the transitioning employee, the provisions of the Affordable Care Act that apply, and more. In short, there’s a lot to learn.

Speaker Information
Robert Lewis, Jr.  [ view bio ]
Steven Wagner  [ view bio ]
Kelly Hughes  [ view bio ]

Several federal agencies are focused on any release language that might impede access to those agencies—the SEC Office of the Whistleblower and the Consent Order in the KBR matter, OSHA’s revision of Chapter 6 of its Investigation Manual for whistleblower cases, the EEOC’s objections to confidentiality provisions in releases in the CVS litigation, and the NLRB’s full-court press on the effect of confidentiality provisions on Section 7 rights as in Banner Health. And courts are precluding confidentiality and other provisions in settlement agreements and releases that require court approval. Whistleblower expert Meg Campbell discusses these developments and drafting agreements going forward.

Speaker Information
Margaret Campbell  [ view bio ]

Whether drafting restrictive covenants or litigating these cases in Georgia, the employment lawyer faces some knotty issues—no substantive guidance from the State appellate courts on the 2011 statute, gaps in statutory coverage that are fraught with peril, potential constitutional challenges, unsettled law on whether Georgia courts can blue pencil or judicially modify, customer lists but not customers as trade secrets, and limited protection for confidential business information, not to mention getting paid in these fast-moving cases. Expert Benjamin Fink walks us through this thicket.

Speaker Information
Benjamin Fink  [ view bio ]

Esteemed, battle-tested lawyers from the plaintiffs’ bar weigh in on L&E trends and practice from their perspectives—including trials, summary judgment, retaliation and whistleblower claims, working with agencies, internal investigations in harassment cases, wage-and-hour cases, class-and-collective actions, employee privacy, discovery disputes, defense counsel, demand letters, attorneys’ fees, and whatever else is on their minds. 
      

Speaker Information
Edward Buckley III  [ view bio ]
Andrew Coffman  [ view bio ]
Moderator: Amanda Farahany  [ view bio ]
Individual topic purchase: Selected
Georgia Bar
Total General Hours: 8.00
Including Ethics: 1.00
Including Trial: 2.00
Products
On-Demand
SPSF Section Members: $209.00
Atlanta Bar Member: $219.00
Full Price: $269.00