breaking Developments in Whistleblower

program agenda e may 14-15, 2015
Pre-Conference “Immersion” Sessions (May 13) – Post-Conference “Interactive” Sessions (May 16)
Workplace
S t r at e g i es
®
2015 • Grand Hyatt San Antonio
Ogletree Deakins Invites You To Join Us For Our
Annual National Educational Labor And Employment Law Seminar
Grand Hyatt San Antonio e Texas
Ogletree Deakins’ annual
Workplace Strategies seminar
is the premier event of its kind for
sophisticated human resources professionals,
in-house counsel, and other business professionals.
Ogletree Deakins is one of
the nation’s largest labor
and employment law firms,
representing management in
all types of employmentrelated legal matters.
The San Antonio office of
Ogletree Deakins opened in
2001, becoming the firm’s
14th office. We currently have
47 offices located across the
United States, in Europe,
and in Mexico.
Welcome From Our Managing Shareholder
I am pleased to invite you to Ogletree Deakins’ 2015 Workplace
Strategies seminar, which will be held May 13-16, in beautiful and
historic San Antonio, Texas. I sincerely hope you can join us for the
nation’s foremost annual employment law seminar for senior-level
human resources professionals and in-house counsel.
The brochure includes a detailed agenda for the seminar and the
special events associated with it. As the brochure shows, we have
another great program in store for 2015—with over 75 sessions and 200
presenters (including several special guest speakers).
We are once again giving back to the local community through our support of a local charitable
organization. This year, we are very proud and excited to support Fisher House, Inc., a
non-profit organization that serves as a “home away from home” for military families of seriously
ill or injured patients receiving treatment at local medical facilities. We look forward to contributing
to this organization to support its mission.
Workplace Strategies 2015 will be held at the beautiful Grand Hyatt San Antonio, right on the
spectacular San Antonio River Walk. Registrations are rapidly filling up, and we expect the
program to sell out quickly—so please make plans to join us soon.
Over the last 30 years, this seminar and its associated events have allowed us to consistently
provide our clients and friends with the latest information, trends, and strategies affecting the
employer community. We will continue that important tradition this May in San Antonio—and look
forward to having you with us.
Sincerely,
Ogletree Deakins
Kim F. Ebert, Managing Shareholder
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
Pre-Conference “Immersion” Sessions
Wednesday, May 13, 2015
10:00 amRegistration Open
Noon – 1:30 pmLUNCH AND SPECIAL PRESENTATION: The 2016 Elections: Let the Fun Begin!
Whit Ayres, President, North Star Opinion Research
Regularly featured as a commentator on network and cable media outlets, including NBC’s Meet the Press,
FOX News Channel, and CNN, Whit Ayres is a leading political consultant with over 30 years of experience
working with high-profile political campaigns and associations. Join Ayres as he discusses the outlook
for the upcoming 2016 presidential and congressional elections. Ayres will examine historical trends, how
changing demographics alter the coalitions required for each party to win, and the current standing of the
nominating contests in both parties.
Introduction by: Keith D. Frazier (Nashville)
1:30 – 1:45 pmBreak
1:45 – 5:00 pm
Pre-Conference “Immersion” Sessions
1. ADA and FMLA—So Many Questions, So Many Answers
The ADA and FMLA continue to pose challenges for employers. Numerous questions have been
raised in the past few years about an employer’s changing obligations. During this thorough
session, we will answer many of those questions, including: Has the FMLA been superseded by
changes to the ADA? Is ADA leave protected? How can employers manage issues of fraud and
abuse? Can employers revise medical certification forms, and, if so, how? How do employers deal
with exempt-level employees and erratic schedules? This session will cover these topics and more.
Moderator: Elizabeth M. Ebanks (Richmond)
Speakers: Leah S. Freed (Phoenix) e Bryant S. McFall (Dallas) e Michael M. Shetterly (Greenville)
2. “Did You Really Just Say That?” An Interactive Look at Handling Sexual
Harassment Complaints
Sexual harassment complaints can involve a lot of twists and turns. Join us for a series of skits
involving complaints of sexual harassment made to an HR director. Watch as the HR director does
a LOT wrong—common mistakes, but mistakes nonetheless. After each skit, discuss with the presenters what was handled correctly, what went wrong, and how to avoid making key errors
during the complaint investigation and resolution process.
Moderator: Thomas M. McInerney (San Francisco)
Speakers: W. Scott Hardy (Pittsburgh) e Gregory J. Hare (Atlanta) e Angela D. Green (Dallas)
Dawn M. Knepper (Orange County)
3. Ahead of the Storm: Preparing for the NLRB’s “Ambush” Elections
The NLRB’s revolutionary ambush election regulations are technical and complex, but the net impact
is a dramatic reduction in the time available for employers to communicate with employees about
unionization (in many cases, fewer than 21 days). Failure to take preparatory actions now will make
it virtually impossible to respond effectively to union organizing. This highly interactive simulation
exercise will allow participants to experience the actions that must be taken in the time available in
an ambush election environment.
Moderator: C. Thomas Davis (Nashville)
Speakers: Rodolfo R. (Fito) Agraz (Dallas) e Ruthie L. Goodboe (Detroit (Metro))
Thomas M. Stanek (Phoenix) e Elizabeth M. Townsend (Phoenix)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
4. Avoiding a Data Breach Nightmare: From Prevention Through Litigation
The issue of data privacy is larger than ever, with multiple high-profile data breaches and huge
stakes for employers. This detailed session will provide a soup to nuts picture of how to handle
cyber security in the modern world. The panel will provide practical, concrete advice on auditing
data security, crafting policies, preventing and responding to data breaches, and dealing with
litigation in the event of a breach. Bring your questions and ideas—and get better prepared for
the brave new world of data privacy.
Moderator: Charles T. Speth II (Columbia)
Speakers: Ashley Prickett Cuttino (Greenville) e Grant D. Petersen (Tampa)
Danielle Vanderzanden (Boston)
5. You Make the Call: Understanding and Preparing for a Jury Trial
Get yourself ready for trial! Following a short discussion of the jury trial process, the audience will serve as the “jury” in a mock sexual harassment and retaliation trial. The trial will include:
opening statements by counsel; cross examinations of the plaintiff and the HR manager
responsible for the investigation; jury deliberations; and a questions-and-answers discussion
of key factors in the jury’s decision-making process. This interactive and informative mini-mock
trial will give a close-up view of the jury trial process and how to prepare.
Moderator: William E. Grob (Tampa)
Speakers: Thomas D. Arn (Phoenix) e Katessa Charles Davis (Los Angeles)
Leah C. Lively (Portland) e Eric A. Todd (St. Louis)
6. Fifty Shades of Grey (Areas): A Workplace Investigation Workshop
The proper handling of workplace investigations of all types is critical. Join this session for an
interactive workshop on strategies for successful investigations, and a revealing look at secrets
for uncovering essential facts in employee complaints. Learn from the panelists how to lead
your company’s investigative efforts, reduce exposure, collar the facts, and avoid getting
tied up in litigation.
Moderator: Timothy A. Garnett (St. Louis)
Speakers: Maria Greco Danaher (Pittsburgh) e Dennis A. Davis, Ph.D. (Torrance)
Jathan Janove (Portland) e Patti C. Perez (San Diego)
6:00 pm
A Texas-Style Stroll on the San Antonio River Walk
(Benefiting Fisher House)
Enjoy one of the most visited places in all of Texas, the legendary
San Antonio River Walk. Board one of the river boat rafts just outside of
the hotel or walk along the river to La Villita’s Cos House for dinner and
entertainment at the picturesque outdoor amphitheater, Arneson River
Theatre. The evening will include mariachis, flamenco dancing, outstanding
local fare, and great company! And, just by attending, you will be supporting a
great organization that provides support for military families—Fisher House, Inc.!
Thursday, May 14, 2015
7:00 – 8:30 amRegistration and Breakfast
7:30 – 8:15 am
Pre-Conference Special Briefings
8:30 – 8:45 am
Welcome to San Antonio!
Topics will address the absolute latest employment law developments and will be announced
approximately two weeks prior to the program.
Mayor Ivy R. Taylor, City of San Antonio
Kim F. Ebert, Managing Shareholder (Indianapolis) e Lawrence D. Smith (San Antonio)
8:45 – 9:00 am
Workplace Strategies 2015—Everything You Need to Know
Joseph L. Beachboard, Program Moderator (Torrance)
9:00 – 9:10 am
Special Guest Introduction and Remarks
9:10 – 9:30 am
Keynote Presentation: Immigration Reform in the U.S. Congress and Under the
Obama Administration—Randel K. Johnson, Senior Vice President, Labor, Immigration,
and Employee Benefits, U.S. Chamber of Commerce
Introduction by: Elizabeth S. Dougherty (Washington, D.C.)
9:30 – 10:15 am Panel Discussion: The Impact of Immigration Reform—or Doing Nothing—for Employers
Immigration continues to be a significant workplace (and societal) issue. How will either reform or
the status quo impact undocumented workers and employers? How should employers plan for reform
measures and the changes they may bring? Our panel of practitioners and commentators will focus on
the current climate of immigration reform, the current status of legislative efforts, President Obama’s
executive action, and how it all affects employers.
Speakers: Whit Ayres, President, North Star Opinion Research e Randel K. Johnson, Senior Vice President, Labor, Immigration, and Employee Benefits, U.S. Chamber of Commerce
Erin K. Kitchen, Executive Director, Global Diversity & Inclusion and Employment Law, Dell Inc.
Andrew W. Merrills (Raleigh)
10:15 – 10:45 am Panel Discussion: Employment Litigation 2015 Style—Trends, Risks, and Predictions
Employment litigation adventures abound again for employers in 2015. Our panel of employment
litigators will discuss the latest statistics, trends, risks, and emerging areas of liability. This discussion
is always a popular, if frightening, component of the program.
Speakers: A. Craig Cleland (Atlanta) e Jeffrey C. Londa (Houston) e Danielle Ochs (San Francisco)
10:45 – 11:15 amBreak
11:15 – NoonBreakout
Sessions—Series 1
1. I’m Going to Vegas! Avoiding Abuse and Misuse of the FMLA
Every employer wants to comply with the FMLA, but also would like to curb misuse and abuse. The regulations make it tough to tighten down on employees who may be taking improper
advantage of statutory leave rights. Join this breakout session to learn which actions employers
may lawfully take to reduce abuse.
Moderator: Christopher E. Moore (New Orleans/Houston)
Speakers: John Gerak (Cleveland) e Carolyn A. Russell (Houston)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
2. To Background Check, or Not to Background Check? That Is the Question!
Employers that fail to conduct background checks risk lawsuits when an employee causes harm. Yet, employers that do conduct background checks have been under attack by the EEOC and plaintiffs’ attorneys looking to create class actions out of technical violations of the federal Fair Credit Reporting
Act (FCRA) and state mini-FCRAs. Add to that the growing list of states and cities with ban-the-box or related
restrictions, and an employer’s headaches increase exponentially. This session will offer practical strategies
for using background checks.
Moderator: Robert E. Bettac (San Antonio)
Speakers: Elizabeth S. Washko (Nashville) e Stephen R. Woods (Greenville)
3. The Three Ps of the NLRA: Policies, PCA, and Purple
The NLRB has dramatically expanded employee rights and redefined what conduct is deemed protected
concerted activity (PCA) under the National Labor Relations Act, while limiting employer rights to have
reasonable policies to protect people, property, and profitability. In the recent Purple Communications
decision, the NLRB held that employees who are given access to company electronic communications
systems have the right to use emails to engage in PCA (like union organizing). This session will discuss the
impact of Purple Communications and other recent Board cases, and provide strategies to help employers comply.
Moderator: Wade M. Fricke (Cleveland)
Speakers: Maria Anastas (San Francisco) e Mark G. Kisicki (Phoenix)
4. Deep in the Heart of Texas—Employment Law for Texas Employers
They say everything is bigger in Texas. What about employment litigation and jury verdicts? Join our panel
of Texas employment lawyers as they explain the many things employers need to know about the vagaries of
employment law and managing a workforce in the Lone Star State.
Moderator: Bruce A. Griggs (Austin)
Speakers: Michael R. Buchanan (Dallas) e Michael D. Mitchell (Houston)
5. Meeting the Mandate: Understanding Affordable Care Act Penalties and Defenses
6. Keeping Up With the EEOC: The Latest on Pattern and Practice Initiatives
The Affordable Care Act (ACA) continues to confound employers. This session will include a detailed review of
penalties that may be assessed against employers that have not met the mandate for 2015. The panel will also
discuss the reporting obligations, explaining how the IRS will use that information to evaluate compliance with
the ACA and to issue assessments. We will also discuss strategies for establishing defenses to those penalties.
Moderator: Joel A. (Buddy) Daniel (Greenville)
Speakers: Stephanie A. Smithey (Indianapolis) e Timothy G. Verrall (Houston)
Join this session for the very latest developments regarding the EEOC’s systemic initiative and what employers
need to do to successfully defend against the agency’s class investigations and litigation cases. We will
discuss the major recent rulings, while offering practical advice for avoiding mistakes—and how to navigate
through them when they occur.
Moderator: Peter O. Hughes (Morristown)
Speakers: Anne E. Larson (Chicago) e R. Lance Witcher (St. Louis)
7. Traversing the Wage and Hour Quicksand—Interns, Volunteers, Independent Contractors,
and More
Litigation by contingent workers continues to increase. Class and collective action lawsuits involving novel
legal theories under state law are increasing in widely publicized efforts to maximize the chances of early
(and frequently large) settlements. With the increasing need for flexible staffing, along with the tax and benefit
incentives available to employers that use contingent workers, the risks (and litigation) will undoubtedly
continue. This session will discuss the latest cases, theories of liability, and provide key take-aways.
Moderator: Gregg M. Lemley (St. Louis)
Speakers: Brian J. Gershengorn (New York City) e Margaret Santen Hanrahan (Atlanta)
Designed Specifically For Attorneys
Thursday, May 14, 2015 (continued)
8. Managing Employers’ Top 10 Business Immigration Challenges
Business immigration law has not kept pace with the demands of today’s workforce.
Employers face uncertainty in hiring and retention due to the shortage of H-1B professional
work visas and the difficulty of obtaining L-1B visas for intracompany transfers. After securing
a work visa, it is challenging to comply with the immigration laws when business operations
require that employees work remotely. The panel will discuss these and other head scratchers,
including President Obama’s executive action, ICE enforcement tactics, global trends, and more.
Moderator: Sarah J. Hawk (Atlanta)
Speakers: Jacquelyn P. Maroney (Austin) e Stephen H. Smalley (Raleigh)
Noon – 1:30 pm
Lunch and Keynote Address: Kathleen Parker, syndicated columnist,
The Washington Post
Kathleen Parker is a Pulitzer Prize winning columnist whose opinion pieces appear in over 400
media outlets. Through her columns (and regular appearances on television news programs),
Ms. Parker provides her unique insights on myriad topics, ranging from politics to popular culture.
During this special lunch presentation, she shares her thoughts on the latest developments, and
how they might affect the workplace.
Introduced by: L. Gray Geddie, Jr. (Greenville)
1:30 – 1:45 pm Break
1:45 – 2:30 pmBreakout
Sessions—Series 2
1. Knowing When to Say When—Undue Hardships Under the ADA
Employers often feel stymied by the ADA process, primarily because they do not know when
they are safe in saying that an accommodation is an “undue hardship.” What do the courts
say about what constitutes an undue hardship? Join our experienced panelists for a step-by step review of the undue hardship analysis, so you will know when to say when.
Moderator: Penny C. Wofford (Greenville)
Speakers: Burton D. Garland, Jr. (St. Louis) e J. Robert McCormack (Tampa)
2. Preparing for Pandemics—A Guide for Employers
From the Ebola virus to swine flu to measles, pandemics (and the fear of them) can cause
extreme and immediate consequences in the workplace. These can include employee safety
and productivity issues, customer concerns, and even litigation. Preparation and awareness
are key, and multi-disciplinary collaboration must occur to successfully navigate these crises.
Join our panelists for a discussion of the range of issues at stake and for suggestions on how
to make sure your company is prepared.
Moderator: Michael Oliver Eckard (Charleston)
Speakers: Jana S. Baker (Dallas) e Katherine Dudley Helms (Columbia)
3.Breaking Developments in Whistleblower Litigation and Enforcement
Whistleblower claims are not run-of-the-mill, garden variety employment retaliation claims.
The stakes are high because the consequences of handling them improperly can extend to
regulatory action and litigation—civil and criminal—that can profoundly affect the company,
its executives, and its lawyers. Staying on top of developments in this high-risk area is a
top priority for in-house counsel and compliance professionals. The panel will discuss
breaking developments in case law and enforcement initiatives, and how to best prepare
for and address the wave of whistleblower claims.
Moderator: Paul Lancaster Adams (Philadelphia)
Speakers: Margaret H. Campbell (Atlanta) e Theresa Donahue Egler (Morristown)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
4. The Internet of Things: Data Privacy Considerations for Employers
In these days of wearable tech, facial recognition, and fitness devices posing as wristwatches, new
sources of data regarding employees’ activities (and their daily lives) are intruding in the workplace—
and being introduced as evidence in employment cases. Employers need to be prepared for a new realm
of data considerations. The panel will discuss data privacy issue spotting, dangers regarding data privacy
(that many employers unwittingly disregard on a daily basis), and the impact of new technology on the
workplace and employment law.
Moderator: Hendrik Muschal (Berlin)
Speakers: Ruth Anne Collins Michels (Atlanta) e Danielle Vanderzanden (Boston)
5. Top 10 Plaintiffs’ Attorney Tactics—And How to Avoid Falling for Them
Lawyers who represent employees know how to spin the evidence against employers. They can
make the jury think you did something wrong, even if you had the best of intentions. This presentation
addresses common strategies used by plaintiffs’ lawyers in court to paint a picture of an incompetent
and/or insensitive HR representative, in-house counsel, supervisor, or company. Topics include common
pitfalls in the areas of workplace investigations, discipline, termination, white collar exemptions,
discrimination, and harassment, among other issues.
Moderator: Elizabeth A. Falcone (Portland)
Speakers: Ted D. Meyer (Houston) e Christopher W. Olmsted (San Diego)
6. Transitioning at Work: The Modern Employers’ Guide to Transgender Employees
Transgender employees frequently report experiencing discrimination at work. This session will explore
how employers can effectively work with employees who seek to transition genders in the workplace.
The discussion will include development and implementation of effective transition action plans and how
to deal with unique situations that may arise relating to an employee’s gender transition.
Moderator: J. Howard Daniel (Greenville)
Speakers: Kelly S. Hughes (Charlotte) e Nonnie L. Shivers (Phoenix)
7. Around the Globe With Independent Contractors and Contingent Workers—
Issues and Challenges
Whether exploring markets abroad, inheriting a workforce in an acquisition, or attempting to structure
employment abroad strategically, there are many legal issues associated with using independent
contractors and contingent workers around the world. This session will discuss the pitfalls of
misclassification, the role of staffing agencies, and the use of fixed-term employment, referencing
specific examples from around the world. The panel will also offer practical advice and tips on how
and when to use these kinds of employment relationships, and how to avoid or, if necessary, manage
resulting litigation.
Moderator: Carson G. Burnham (Boston)
Speakers: Simon J. McMenemy (London) e Chris R. Pace (Kansas City)
8.Rx for 401(k) Retirement Plans: Late Remittances and Other Corrections
Fixing what ails their retirement plans has become a regular part of the job for many in-house
counsel and HR/benefits professionals. In this session, learn about anticipated changes to the
IRS’s Employee Plans Compliance Resolution System (EPCRS) and the DOL’s Voluntary Fiduciary
Correction Program (VFCP). Be part of the cure and hear what our panel has discovered working
with clients in a broad range of industries to remedy an endless range of problems.
Moderator: William A. Gray (Atlanta)
Speakers: Christina M. Broxterman (Atlanta) e David S. Rosner (Washington, D.C.)
2:30 – 2:45 pmRoom Change
Designed Specifically For Attorneys
Thursday, May 14, 2015 (continued)
2:45 – 3:30 pmBreakout
Sessions—Series 3
1. High Times—Managing Legal Marijuana and the Workplace
With more and more states passing legislation allowing for medical and recreational marijuana use,
employers are faced with a new set of decisions and problems. This session will discuss the latest
developments in the “budding” area of marijuana and the workplace, including: (1) recent court
decisions and their impact; (2) recent state laws/referendums passed, pending, and defeated
(including the particular impact of some states’ medical marijuana “anti-discrimination” provisions);
(3) safety concerns; (4) the EEOC’s recent attention to drug testing; and (5) best practices for
dealing with all of this.
Moderator: Helen A. Palladeno (Tampa)
Speakers: Michael Clarkson (Boston) e Austin E. Smith (Denver)
2. Knock, Knock, It’s the Government . . . And We Are Here to Help You
The NLRB, EEOC, DOL, and other federal agencies have increasingly used subpoenas, unannounced
on-site visits, audits, and expedited litigation as part of their enforcement tactics. What specific legal
rights do employers have when faced with a state or federal enforcement investigation? What steps
should employers and their in-house counsel take to properly respond and avoid liability? How can an
employer protect against overzealous tactics? This session will cover these topics and more.
Moderator: Roger G. Trim (Denver)
Speakers: Christopher James Meister (Phoenix) e Alfred B. Robinson, Jr. (Washington, D.C.)
3. What to Expect When Your Employees Are Expecting: Protections for Pregnant Workers
In 2014, the EEOC presented employers with a new bundle of joy . . . its guidance mandating
that employers provide accommodations to pregnant employees. While the Supreme Court’s
pending decision in Young v. United Parcel Service will hopefully provide some clarity on whether
Title VII and the PDA require such accommodations, that ruling will not affect the EEOC’s position
that the ADA likewise requires the accommodation of pregnant workers. This session will address
this fast-developing area of the law and provide lessons from recent high-profile jury verdicts.
Moderator: Jonathan O. Harris (Nashville)
Speakers: Lara C. de Leon (Orange County) e Rose M. Jennings, Director, Employment and
Labor Law, Advanced Micro Devices, Inc.
4. Unfair Competition and Trade Secret Law: Recent Developments and Hot-Button Issues
This session will examine current issues involving enforcement of restrictive covenant agreements
in multiple jurisdictions, employee pirating agreements between competitors, and the theft of competitively sensitive information, electronic or otherwise. The session will also cover the use
of injunctive relief in state and federal courts in litigation against employees who have misappropriated
confidential information and trade secrets, who are soliciting clients and employees, or who are
violating non-compete agreements.
Moderator: John G. Stretton (Stamford)
Speakers: Brian D. McCarthy, Chief Employment Counsel, Arthur J. Gallagher & Co.
Tobias E. Schlueter (Chicago)
5. OSHA Fatality and Catastrophic Injury Investigations: Management and Response
OSHA fatality and catastrophic injury or illness investigations pose unique challenges, especially
for those who are not usually on the front lines of safety compliance for their organizations. In this
interactive “how-to” session (featuring example scenarios), the panel will cover: whether and how
to prepare an internal report; how to deal with coworkers, family, media, and law enforcement;
how to analyze potential general liability exposure; how to select and work with appropriate
experts; and how to set and manage expectations and outcomes.
Moderator: David E. Jones (Atlanta)
Speakers: Donelle R. Buratto (Detroit (Metro)) e Phillip B. Russell (Tampa)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
6. The Last Stand: The Crossroads Between Immigration Law and Employment Law
There is a minefield where immigration law and employment law intersect. How should an employer
respond upon learning an employee who is now legally working in the United States falsified immigration
documents in the past? How should an employer handle an allegation from the Office of Special Counsel
of a pattern and practice of discrimination for (over)zealousness in seeking immigration paperwork?
This session will help employers identify and properly address these and many other situations.
Moderator: Maria Fernanda Gandarez (New York City)
Speakers: Linda Claxton (Los Angeles) e Christopher L. Thomas (Denver)
7. Fight or Settle? Effective Negotiation Strategies in Class Action Litigation
Most class actions settle—but settling a class action is a lot more complicated than settling most
employment litigation. Peek behind the curtain and observe the unique dynamics of the negotiation
of a class action settlement. Learn the tricks of the trade and dynamic strategies to properly value
and position your case for the best settlement.
Moderator: Patrick F. Hulla (Kansas City)
Speakers: Reid C. Bowman, General Counsel & Vice President of Enterprise Risk Management,
Towne Park, LLC e Evan R. Moses (Los Angeles)
8. ERISA Monetary Remedies: Continued Uncertainty for Fiduciaries
The plaintiffs’ bar and the courts continue to push the envelope on ERISA monetary remedies. That
leaves fiduciaries with increased exposure. In this session, experienced employee benefits litigators
will discuss the current status of the law and projected trends based on recent developments. More
importantly, our employee benefits litigators will also explore the potential impact on your organization
and its employee benefits plans, and provide practical advice on how to avoid or minimize these new risks.
Moderator: Brian D. Lee (Morristown)
Speakers: Eric P. Mathisen (Chicago) e Mark E. Schmidtke (Chicago)
3:30 – 3:45 pmBreak
3:45 – 4:30 pm Panel Discussion: Sensitive, Uncomfortable, and Awkward—Strategies for Reducing Risk
With Problematic Employees
Every workplace seems to have at least a few unusually problematic employees—and they seem to occupy
more of the time of the HR and legal team than all the other employees combined. This session will provide
some practical insights on all-too-common, yet awkwardly complicated, problem-employee situations,
including: the aromatic employee; the whiner; the deflector; the BYOD employee; the space invader; the
dress code violator; the TMI-er; the all-around jerk; and more.
Moderator: James M. McGrew (Atlanta)
Speakers: Jill D. Arnold, Senior Corporate and Compliance Counsel, Angie’s List, Inc.
Trina R. LeRiche (Kansas City) e Anthony L. Martin (Las Vegas)
4:30 – 5:00 pm
The Wacky World of Employment Law
Back again by popular demand, this semi-informative but always entertaining session will review the
most unusual recent employment law developments. Don’t miss the fun with our presenters’ humorous
and insightful look at the wackiest employment cases!
Speakers: Melissa A. Bailey (Washington, D.C.) e Joseph T. Clees (Phoenix)
5:00 – 5:15 pm
Closing Remarks and First Prize Drawing
5:15 – 7:00 pm
A Taste of San Antonio
Everything is bigger in Texas . . . and this event will fit that bill! Join your friends and
colleagues for a hosted reception at “The Grotto,” where you will experience a distinct
atmosphere reflecting the best of San Antonio. Hors d’oeuvres and cocktails will be served.
Designed Specifically For Attorneys
Friday, May 15, 2015
7:00 – 8:30 amBreakfast
7:30 – 8:15 am
“Early Bird” Sessions
1. Maximizing Employee Success Through Effective Onboarding
Studies show that every year 25 percent of the U.S. workforce experiences a career transition; 50
percent of hourly workers leave new jobs within the first 120 days. A successful onboarding program
can help reduce unwanted turnover, increase job satisfaction, clarify delivery expectations objectives,
and jump start business relationships. This session focuses not only on the legal aspects and
importance of onboarding (e.g., offer letters, background checks, I-9 compliance, employee handbooks)
but also on creating an onboarding program that helps new hires adjust to the social and performance
aspects of their new jobs.
Moderator: Timothy W. Lindsay (Jackson)
Speakers: Jennifer L. Colvin (Chicago) e Jennifer S. Rusie (Nashville)
2. Same-Sex Marriage: Benefit Plan Administration Issues for Employers
The Supreme Court’s 2013 decision striking down a key provision of the Defense of Marriage Act
continues to impact employers in 2015. Subsequent litigation, guidance from federal regulators and
state legislation require many complex changes to the design and administration of retirement,
health, and welfare benefit plans. Join this session for a focus on strategies to address existing and
emerging benefits issues regarding employees in same-sex relationships.
Moderator: William A. Gray (Atlanta)
Speakers: Ann Carr Mackey (Indianapolis) e Daniel T. Sulton (Greenville)
3. So You Think You’re Legal? Improving Your I-9, E-Verify, and Visa Compliance Practices
This session will help identify potential areas of weakness in your current compliance regime and
provide guidance for strengthening these practices. The panel will discuss practical problems and
solutions for resolving common compliance issues as well as how to address new situations arising
from the president’s executive action on immigration.
Moderator: Lee Gibbs Depret-Bixio (Columbia)
Speakers: Leigh N. Ganchan (Houston) e Jay C. Ruby (Atlanta)
4. What? No “WARN”ing—RIF Gotchas for the Unwary
The Worker Adjustment Retraining and Notification Act (WARN) is a complex statute, under which
violations can occur “after the fact” and in unexpected circumstances. Employers that are focused
on business exigencies may miss some of the key details of this important statute. This session will
cover common WARN “gotchas,” specifically addressing recent high-profile situations.
Moderator: John T. Merrell (Greenville)
Speakers: Gretchen W. Ewalt (Raleigh) e James H. Fowles, III (Columbia)
5. Healthcare and Life Sciences . . . Emerging Issues for Employers
Healthcare and life sciences employers face a hornet’s nest of pressing and often unique issues. Challenges
include obligations and limitations on immunization programs; pregnancy and other accommodation
concerns; EEOC challenges to wellness programs; restrictive covenants in physician and nurse employment
agreements; and emerging best practices to avoid anti-kickback, False Claims Act and PhRMA Code
violations. Join our experienced panelists for a lively discussion of these and other critical issues.
Moderator: Leslie E. Wallis (Los Angeles)
Speakers: Mark H. Burak (Boston) e Robert R. Niccolini (Washington, D.C.)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
6.Retail and Hospitality Roundtable—What’s Keeping Employers Up at Night
Join this panel for an interactive discussion of hot labor and employment topics for retail and
hospitality employers and best practices for addressing each issue. Topics of special interest to
retail and hospitality organizations include: background checks; sick leave laws; dress codes and
religious accommodation requirements; wage and hour compliance issues; joint employer issues;
and more. Bring your questions and scenarios.
Moderator: Kenneth B. Siepman (Indianapolis)
Speakers: Guillermo A. Escobedo (San Diego) e Cecilia T. Gordon, Director, Goulston & Storrs, P.C.
Diane M. Saunders (Boston)
7. Organized Employers Beware: New Legal Pitfalls Courtesy of the NLRB
The NLRB has issued a multitude of controversial decisions significantly impacting unionized
employers. Many of these decisions create new legal obligations and potentially expensive land
mines for employers. What information do you have to give to your overly aggressive union?
Can you ever be at impasse anymore? Will the union’s pesky NLRB charge be deferred to arbitration?
This session will discuss the case law developments and help you avoid costly mistakes.
Moderator: Wade M. Fricke (Cleveland)
Speakers: Timothy G. Costello (Milwaukee) e Eric C. Stuart (Morristown)
8:30 – 9:00 am
DAY TWO CONFERENCE KICK OFF
Homer L. Deakins, Jr., Chairman Emeritus (Atlanta)
9:00 – 9:30 am Keynote Policymaker Perspective: Philip A. Miscimarra, Member,
National Labor Relations Board
The NLRB has had another extremely active year, with some of the most far-reaching developments
and changes in recent memory. Member Miscimarra, a frequent dissenter on the Board, will discuss
these changes and what employers might expect in the future.
Introduction by: Lewis T. Smoak (Greenville)
9:30 – 10:15 am
Panel Discussion: Not Your Father’s NLRB—Strategies for Employers
From ambush elections, to the right to use employer email systems for union organizing, to new rules
applicable to collective bargaining and labor arbitrations, the legal landscape for employers has changed
dramatically in recent months. What should employers do now and what more should they expect in
2015 from the NLRB? Our panel of seasoned labor practitioners will offer a lively discussion on the
new changes and how employers can prepare.
Speakers: C. Thomas Davis (Nashville) e Brian E. Hayes (Washington, D.C.)
J. Phenise Poole, Associate General Counsel, Omnicare, Inc.
David J. Rittof, President, Modern Management, Inc.
10:15 – 10:45 amBreak
Designed Specifically For Attorneys
Friday, May 15, 2015 (continued)
10:45 – 11:30 amBreakout
Sessions—Series 4
1. The NLRB—The Discussion Continues
The discussion about developments at the NLRB continues with a current and former
Board member, and the head of Ogletree Government Affairs. Bring your questions and
attend this unique opportunity to interact with a key Washington policymaker.
Moderator: Elizabeth S. Dougherty (Washington, D.C.)
Speakers: Harold P. Coxson (Washington, D.C.) e Brian E. Hayes (Washington, D.C.)
Philip A. Miscimarra, Member, National Labor Relations Board
2. You’re Not the Boss of Me: Part 2½
This humorous session looks at employee behaviors in and outside of the workplace that
decrease productivity and/or diminish the organization’s reputation and brand. We will
address legal issues created by the nonstop use of smartphones, the recreational use of
marijuana, the need to post every thought on Twitter and Facebook, Internet surfing,
fantasy leagues, and other work time wasters. Join our panel for a discussion of the legal
and practical issues concerning these activities, as well as best practices for keeping
employees focused on doing their jobs.
Moderator: Betsy Johnson (Los Angeles)
Speakers: Rodney A. Harrison (St. Louis) e Tracy A. Miller (Phoenix)
3. The Top 10 FMLA Questions Answered
What are the most common FMLA questions that employers ask? In an entertaining format,
this presentation poses the top 10 questions, invites the audience to weigh in, and answers
each question. Attendees will leave with solid information and, more importantly, the
answers to these burning questions!
Moderator: Todd J. Kaiser (Indianapolis)
Speakers: Rebecca J. Bennett (Cleveland) e Jimmy F. Robinson, Jr. (Richmond)
4. California Procedural and Substantive Law: Making Sense of
the Nonsensical
In-house counsel are often surprised by the significant differences in procedural and
substantive law in California. Whether it is the meet-and-confer process to address
discovery disputes or Private Attorneys General Act (PAGA) claims, these differences
can affect the pace, costs, and potential exposure of California litigation. In this session,
experienced California attorneys will compare a number of these differences to help you
prepare in advance of battle.
Moderator: Jennifer L. Santa Maria (San Diego)
Speakers: Lori A. Bowman (Los Angeles) e Catherine F. Duclos, Associate General Counsel, Technicolor USA, Inc. e Hardy R. Murphy (Los Angeles)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
5. Interviewing, Hiring, Monitoring, and Separating Employees With Confidential Business Information—Tips for Employers
With today’s ever-mobile workforce, companies need to make sure that when they hire an
individual they do not get dragged into a dispute with that individual’s former employer
regarding confidential information or post-employment restrictions. More importantly,
companies must take steps to ensure that employees who have access to confidential
information do not take that information to a competitor. This session will discuss steps
to minimize the risk of receiving or losing confidential information.
Moderator: Sharon P. Margello (Morristown)
Speakers: Paul Koch, General Counsel, The Weichert Companies
Vince M. Verde (Orange County)
6. 401(k) Fiduciaries: Is There a Target on Your Back?
The stakes continue to rise for fiduciaries of 401(k) and other qualified plans as scrutiny of
their decisions by participants, the federal government, and plaintiffs’ lawyers increases.
Join us for a discussion of fiduciary status and duties, recent fiduciary litigation, and best
practices for avoiding successful claims.
Moderator: Joel A. (Buddy) Daniel (Greenville)
Speakers: Lorne O. Dauenhauer (Portland) e C. John Wentzell, Jr. (Greenville)
7. Staffing Companies and Worksite Employers: Identifying Risks and Obligations
The use of temporary and other contingent workers is on the rise, as are the legal issues
and risks associated with this practice. This session will address employers’ and staffing
firms’ respective obligations and potential liabilities under a number of discrimination,
wage and hour, workplace safety, background check, and other employment laws, in
addition to the Affordable Care Act. The panel will specifically explore helpful staffing
agreement language.
Moderator: Mark Diana (Morristown)
Speakers: Michael Epstein, President and CEO, CoWorx Staffing Services LLC
David P. Thatcher (Atlanta)
8. OFCCP Update—New Data Requests for Federal Contractors
Last fall, the OFCCP released its revised scheduling letter and itemized listing for
compliance evaluations. The new rules make substantial changes to the content and
format for reporting compensation data and expand employment activity data reporting.
This increases the risk and difficulty of audits for federal contractors. The panel will review
the new requests for information and discuss how to prepare for, and successfully defend,
an OFCCP audit.
Moderator: Gretchen W. Ewalt (Raleigh)
Speakers: T. Scott Kelly (Birmingham) e Leigh M. Nason (Columbia)
11:30 – 11:45 amRoom Change
Designed Specifically For Attorneys
Friday, May 15, 2015 (continued)
11:45 – 12:30 pmBreakout
Sessions—Series 5
1.Navigating A Workplace Disaster—Protecting the Company and Its Employees
From Further Harm
This session will help employers prioritize their response to a catastrophic event, organize corporate
and external assets to address the crisis, determine root causes (where they are not obvious),
address employment concerns in the immediate hours, days, and weeks after an event, manage
customer relations, and handle investigations by governmental agencies. The experienced
presenters have worked with employers during these types of crises and will share their best
tips for navigating these difficult situations.
Moderator: Carmen J. DiMaria (Morristown)
Speakers: Margaret S. Lopez (Washington, D.C.) e Hal A. Shillingstad (Minneapolis)
2. Paid Sick Leave Laws—Policy Challenges for Employers
Given the growing number of states and municipalities passing paid and unpaid sick leave laws,
employers have to ensure their policies comply with these growing obligations. Join this panel
for an overview and discussion of the states and municipalities that have paid and unpaid sick leave
requirements and how employers can draft policies to comply with these various laws. This session
will specifically address whether to have one comprehensive policy or multiple policies to comply
with various state and local paid sick leave laws.
Moderator: Charles L. Thompson (San Francisco)
Speakers: James M. Barrett (Portland) e Matthew K. Johnson (Greenville)
3. Ambush Union Election Rules: What Employers Must Do Now
The NLRB’s new “quickie,” or “ambush,” union election rules are perhaps the most sweeping
change in the union campaign context in many years. These new rules will dramatically impact
union campaigns, giving employers very little time to respond to union organizing efforts. Our
panelists will build on prior sessions and provide an in-depth look at the new rules, what they
mean, and what employers need to do now to help avoid an “ambush.”
Moderator: Fred W. Suggs, Jr. (Greenville)
Speakers: Mark M. Stubley (Greenville) e Douglas M. Topolski (Washington, D.C.)
4. And You Thought California Was Different? Try Doing Business in Mexico
For those employers with a workforce in Mexico, knowing the country’s unique employment
laws is critical. From maximum workweeks, to mandatory bonuses and profit sharing, to unique
rules governing the employment relationship, Mexico’s rules are extensive and different in many
respects. Join the managing shareholder of our Mexico City office for an in-depth look at
employment law south of the border.
Moderator: Kerri S. Reisdorff (Kansas City)
Speaker: Pietro Straulino-Rodriguez (Mexico City)
5. From Praying to Proselytizing—Religious Accommodations in the Workplace
Religious accommodations continue to be an area of uncertainty for employers. What constitutes
a religious belief? What is a reasonable accommodation and an undue hardship in a given context?
Join this session for an overview of the law of religious discrimination and accommodation
obligations, the EEOC’s position, recent case developments, and best practices and training tips.
Moderator: Marc L. Zaken (Stamford)
Speakers: Margaret C. Alli (Detroit (Metro)) e Alicia S. Voltmer (Dallas)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
6. Intellectual Property in Employment Law—Protecting Your Rights Against
Employee Misuse and Misappropriation
This session will examine the different types of intellectual property rights employers need
to understand, including copyrights, trademarks, trade secrets, and patents. The panel will
also discuss how ownership of intellectual property is created in the employment context
and the steps that employers can and should take to prevent employees from intentionally
or unintentionally affecting those rights.
Moderator: F. Barham Lewis, Jr. (Houston)
Speakers: John C. Glancy (Greenville) e Nilesh (Neal) Patel, Member, Frost Brown Todd
7. Getting the Most Out of International Assignments: Strategies for Global
Mobility Managers
Global mobility assignments present tremendous opportunities for multinational employers.
However, if not well-managed and planned, they can also create significant and costly challenges,
particularly where global employment and immigration matters intersect. This panel will discuss:
how to avoid the expat “culture of entitlement”; immigration, tax, and double benefits risks arising
from the creation of a local employment relationship; “alpha expats” who take the (relo) money and
run; and more.
Moderator: John T. Combs (Denver)
Speakers: Diana J. Nehro (Boston) e Stephen H. Smalley (Raleigh)
8. C-Ya, C-Suite—Dealing With Troublesome Executives
What do you do when folks in the C-suite are the ones causing HR problems, or worse, violating
key company policies or standards? These situations raise unique issues ranging from undermining
the company’s culture and brand to causing media scrutiny, and can create significant liability for
the company. Learn how to properly handle the sensitive nature of these situations and manage
the issues involving bad actors in the C-suite to protect the company from potential loss.
Moderator: Jacqueline R. Barrett (Philadelphia)
Speakers: Alexandra A. Bodnar (Los Angeles) e Thomas A. Cattel (Detroit (Metro))
12:30 – 1:15 pm
“LUNCH WITH THE LAWYERS”
1:15 – 1:45 pm
Keynote Luncheon Presentation: Charles A. Gonzalez, former U.S. Congressman
This unique experience allows attendees to discuss what they have learned and best practices over
lunch. An experienced Ogletree Deakins attorney will be assigned to each table to respond to questions
and facilitate discussion.
Charlie Gonzalez, a life-long resident of San Antonio, has seen employment law from virtually all
vantage points—as an attorney, a judge, a seven-term Congressman, and a business leader.
He will share his unique perspective on the law and the workplace, filled with humorous stories
about his experiences.
1:45 – 2:30 pm
Pardon The Interruption! Workplace Strategies Style
2:30 – 2:45 pm
Main Conference Closing and Grand Prize Drawing
With so many topics to choose from, you can’t attend them all. So we’ve asked speakers from the
most popular breakout sessions to provide highlights and key take-aways from their sessions, all
while on a shot clock. It will be fast-paced, fun, and interesting!
Designed Specifically For Attorneys
Friday, May 15, 2015 (continued)
3:00 – 5:00 pm
Post-Conference Special Sessions
1. 21st Century Corporate Compliance Programs: Successful Design and
Implementation
In the wake of the Enron scandal, the Sarbanes-Oxley Act, and the Dodd-Frank Act—
along with an explosion in False Claims Act claims—organizations devote substantial
resources to compliance in hopes of limiting exposure and fostering a compliant
working environment. Some encounter challenges in striking a balance between
following the advice of compliance experts and giving in to corporate pressures
related to expediency (and the bottom line). This session will help employers turn
“best practices” into reality. Topics will include codes of conduct, federal sentencing
guidelines, the Foreign Corrupt Practices Act, emerging whistleblower issues,
and more.
Moderator: Ellen Toth (Cleveland)
Speakers: Charles E. Engeman (St. Thomas) e Benjamin R. Holland (Charlotte)
Mark N. Mallery (New Orleans)
2. The Hits Keep Coming—California Employment Law Update
Another year, another set of new developments in California law for employers to navigate. From cell phone reimbursement to the paid sick leave law, to anti-bullying training, there
is plenty to discuss. Join our panel, which includes a member of California’s Fair Employment
and Housing Council, for a discussion of the very latest developments and what they mean
for employers.
Moderator: Keith A. Watts (Orange County)
Speakers: Douglas J. Farmer (San Francisco) e Patti C. Perez (San Diego)
Robert R. Roginson (Los Angeles)
3. What Safety Professionals Want You to Know About Workplace Safety
HR managers and in-house counsel may have oversight responsibilities with respect to
workplace safety, but it is the safety professionals who are in the trenches every day.
This session is designed to familiarize HR and in house counsel with “need-to-know”
information about both safety and OSHA compliance, including fundamental dos and don’ts,
how advanced planning can facilitate the “management” of an unannounced visit from
OSHA, and key elements of—and the business case for—a comprehensive workplace
safety program.
Moderator: John C. Artz (Pittsburgh)
Speakers: John F. Martin (Washington D.C.) e William S. Rutchow (Nashville)
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
4. How to be a Super Sleuth: Preparing for and Conducting Effective
Workplace Investigations
This session will discuss best practices and recent legal developments in the
ever-changing world of workplace investigations. The presentation will identify
strategies for gathering facts, preparing for and conducting interviews, determining
who is telling the truth, preparing reports, and following up with the key players.
We will also discuss related risks, including potential ethics issues and a brief
overview of the impact of a union on investigations. We will conclude with a list
of best practices and how to implement them.
Moderator: James C. Pennington (Birmingham)
Speakers: Cynthia A. Bremer (Minneapolis) e Michael H. Cramer (Chicago)
Ann Plunkett, Principal, WorkPlace Partners, Inc.
5.Representing the Company Zealously While Not Losing Your License (or Your Soul)
(CLE Ethics Credit Anticipated)
Experienced litigators will offer advice regarding ethical issues in litigating on behalf of a
corporation. The presentation will address general ethical situations (e.g., how to determine
who is your client and what to do when you are aware of illegal conduct by management)
as well as ethical issues in litigation (e.g., the need to determine the truth and how to
control the costs of litigation while zealously representing your client). While attorney-client
privilege and internal investigations are frequently addressed, this session is designed to
tackle other, more complex ethical issues facing in-house counsel who manage litigation.
Moderator: Denise C. Villani (Dallas)
Speakers: Spencer C. Skeen (San Diego) e Kristin M. Snyder (Dallas)
5:30 – 7:00 pm
Special “Wrap Reception”
Kick off the weekend with the spirit of the Old West on the banks of the River Walk at the
Lonesome Dove. Wear your favorite western attire to this shindig of hors d’oeuvres and cocktails.
Prizes will be awarded for the best outfits!
Designed Specifically For Attorneys
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
Saturday, May 16, 2015
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
8:00 – 9:00 amBreakfast and Roundtable Discussions
eeeeee
eeeeee
eeeeee
eeeeee
9:00 – 10:00 am
Saturday Keynote Presentation: Actions Speak Louder Than Words
eeeeee
Jan Hargrave, Jury and Body Language Consultant
eeeeee
Jan Hargrave will explain the ways in which our body language communicates to the world around us. e e e e e e
She has conducted training for leading corporations, has been featured on multiple television shows, e e e e e e
eeeeee
and serves as a jury consultant. In this interactive and entertaining session, Hargrave will lead attendeese e e e e e
through a lesson in nonverbal communication that will help employers increase productivity and create e e e e e e
eeeeee
successful teams. Attendees will also learn how to read the nonverbal language of employees,
eeeeee
co-workers, and themselves!
eeeeee
eeeeee
eeeeee
eeeeee
10:00 – 10:15 amBreak
eeeeee
eeeeee
eeeeee
10:15 – 11:30 am
Interactive Sessions
eeeeee
eeeeee
eeeeee
1. Everything I Needed to Know About Employment Law I Learned at the Movies, Part 2e e e e e e
Back by popular demand, join us for this fun look at how seemingly everything that happens in the e e e e e e
eeeeee
workplace also happens in film. The movies provide ample examples of what not to do in the eeeeee
workplace when it comes to employment law issues. Our returning panelists will use classic
eeeeee
movie scenes to cover all sorts of employment law issues, and how they really should have
eeeeee
eeeeee
been handled. Grab your popcorn and candy, and bring your own anecdotes!
eeeeee
Speakers: Brian L. McDermott (Indianapolis) e Robert F. Seidler, Jr. (Indianapolis)
eeeeee
eeeeee
eeeeee
2. How Would a Jury Grade Your Investigation Practices?
eeeeee
During this informative and entertaining session, presented by a jury expert and a workplace
eeeeee
psychologist, you will get inside the heads of jurors and learn how they look at employer
eeeeee
investigations (and at you). Issues to be addressed include: a jury’s perspective on the role
eeeeee
(and motivation) of HR and In House Counsel; dos and don’ts that determine the credibility of the e e e e e e
eeeeee
investigation; employer actions and statements that make jurors furious; and whether the
eeeeee
punishment fits the crime.
eeeeee
eeeeee
Speakers: Dennis A. Davis, Ph.D. (Torrance) e Dan Gallipeau, Ph.D., President, Dispute Dynamics, Inc.
eeeeee
eeeeee
3. Problem Employees and Retaliation Claims—Best Practices for Employers
eeeeee
Retaliation claims continue to be the number one type of charge filed with the EEOC. What does ane e e e e e
employer do when a current problem employee claims certain actions are taken in retaliation for e e e e e e
eeeee
protected activity or claims that certain employer practices violate laws that contain whistleblowere
eeeeee
protections? Join this interactive session for a discussion on best practices for legally handling
eeeeee
these situations.
eeeeee
eeeeee
Speakers: William L. Duda (Columbia) e H. Bernard Tisdale, III (Charlotte)
eeeeee
eeeeee
eeeeee
4. “More Art Than Science”: Strategies for Settling Employment Cases Quickly
eeeeee
Here’s the scenario: after an employer is sued, it quickly concludes a mistake was made. The
eeeeee
employer promptly solicits a settlement demand to make things right. But plaintiff’s counsel refusese e e e e e
to cooperate. He or she submits only outrageous settlement proposals far beyond anything the
eeeeee
employee is legitimately owed. What is an employer to do? Fight, lose, and then have to pay the e e e e e e
eeeeee
employee’s attorneys’ fees? Give in to the plaintiff’s unreasonable demand? This presentation
eeeeee
explores some of an employer’s options.
eeeeee
eeeeee
Speakers: Michael R. Marra (New York City) e Christopher C. Murray (Indianapolis)
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
eeeeee
Designed Specifically For Attorneys
eeeeee
eeeeee
eeeeee
Post-Conference “Interactive” Sessions
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
eeeeeeeeeeeeeee
Our Special Guests
Whit Ayres
President
North Star Opinion Research
Jill D. Arnold
Senior Corporate and Compliance Counsel
Angie’s List, Inc.
Reid C. Bowman
General Counsel & Vice President of
Enterprise Risk Management
Towne Park, LLC
Catherine F. Duclos
Charlie A. Gonzalez
former U.S. Congressman
Associate General Counsel
Technicolor USA, Inc.
Michael Epstein
President and CEO
CoWorx Staffing Services LLC
Dan Gallipeau, Ph.D.
President
Dispute Dynamics, Inc.
Jan Hargrave
Jury and Body Language Consultant
Cecilia T. Gordon
Director
Goulston & Storrs, P.C.
Rose M. Jennings
Director, Employment and Labor Law
Advanced Micro Devices, Inc.
Randel K. Johnson
Senior Vice President, Labor, Immigration,
and Employee Benefits
U.S. Chamber of Commerce
Erin K. Kitchen
Executive Director, Global Diversity &
Inclusion and Employment Law
Dell Inc.
Paul Koch
General Counsel
The Weichert Companies
Brian D. McCarthy
Philip A. Miscimarra
Member
National Labor Relations Board
Chief Employment Counsel
Arthur J. Gallagher & Co.
Nilesh (Neal) Patel
Member
Frost Brown Todd
Ann Plunkett
Principal
WorkPlace Partners, Inc.
Kathleen Parker
Syndicated Columnist
The Washington Post
J. Phenise Poole
Associate General Counsel
Omnicare, Inc.
David J. Rittof
President
Modern Management, Inc.
Seminar Highlights
Wednesday, May 13, 2015
Charity Golf Tournament
The Workplace Strategies 2015 Charity Golf Tournament will be held at the beautiful La Cantera
Hill Country Resort, with proceeds benefiting Fisher House, Inc. The tournament will begin with
a shotgun start at 12:30 p.m., and play will be conducted in a four-player “scramble” format.
All levels of players are encouraged to participate, meet new friends, and enjoy an exceptional
golf course.
The cost to participate is $125 per player, the full amount of which will be donated to
Fisher House, Inc. Ogletree Deakins will provide lunch and refreshments to participants.
Charity Reception: An Evening Along San Antonio’s
River Walk
Join us for a special event on San Antonio’s legendary River Walk
as we honor Fisher House, Inc., a non-profit organization serving
military families of seriously ill or injured patients. You can board
one of the river boat rafts just outside of the hotel, or walk along
the river to La Villita’s Cos House for dinner and entertainment at
the picturesque Arneson River Theatre. Your attendance benefits
a great local organization that provides support for military families.
Fisher House, Inc. is a home-away-from-home for the military
families of seriously ill or injured patients receiving treatment at
Wilford Hall Ambulatory Surgical Center, San Antonio Military Medical
Center, or other medical facilities in the San Antonio area at no cost.
Thursday, May 14, 2015
Hosted Reception
A hosted reception at The Grotto awaits you at the end of the first day of Workplace Strategies
2015. Providing a unique opportunity to visit with your colleagues as well as Ogletree Deakins
attorneys, our evening festivities will be accented by The Grotto itself, a local attraction with a
distinct atmosphere that combines the best of San Antonio. Hors d’oeuvres and cocktails will
be served.
Friday, May 15, 2015
Special “Wrap Reception”
Kick off the weekend and celebrate the close of the second day of the main program with the
spirit of the Old West at the Lonesome Dove Room, a stunning new venue on the banks of the
River Walk. Wear your favorite western attire to this special “wrap reception,” where hors
d’oeuvres and cocktails will be served. Prizes will be awarded for the best outfits!
Detailed Registration Information
Hotel Reservations
Date
Hotel reservations are the responsibility of
participants and can be made by calling the
Grand Hyatt San Antonio directly at
(888) 421-1442 and requesting the Ogletree Deakins
Workplace Strategies seminar rate of $199 per night.
You can also use the Grand Hyatt’s reservation
portal from our Seminars and Events page, at
www.ogletreedeakins.com. The hotel block is
limited, so please make your reservation as soon
as possible.
Thursday and Friday
May 14-15, 2015
Pre-Conference “Immersion” Sessions (May 13)
Post-Conference “Interactive” Sessions (May 16)
Location
Grand Hyatt San Antonio
600 E. Market Street
San Antonio, TX 78205
(888) 421-1442
grandsanantonio.hyatt.com
Cancellation Policy
Cost
Cancellations received at least one week prior to
the seminar are subject to a $50 handling fee.
Cancellations made less than five working days
prior to the seminar are not refundable; however,
you may send a substitute.
$795 per person for clients of the firm
$1,295 per person for non-clients
(includes breakfasts, lunches, pre- and post-conference
activities, receptions, and extensive program materials)
Group Rates
CLE Information
Contact us for information regarding
special group rates.
Please email any CLE related questions to
[email protected].
Please let us know if you require any
special meals, services, or accommodations.
NOTE: This program is exclusively designed for
management representatives of employers. The
provider retains the right to deny the registration
of others at its discretion.
To Register
Online
www.ogletreedeakins.com
Email
Phone
(866) 964-6303
[email protected]
Charity Golf Tournament
Please indicate on the registration page if you are planning to attend the charity golf tournament.
Please note that space is limited.
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio
our 47 offices
Atlanta e Austin e Berlin e Birmingham e Boston e Charleston e Charlotte e Chicago
Cleveland e Columbia e Dallas e Denver e Detroit (Metro) e Greenville e Houston
Indianapolis e Jackson e Kansas City e Las Vegas e London e Los Angeles e Memphis
Mexico City e Miami e Milwaukee e Minneapolis e Morristown e Nashville e New Orleans
New York City e Orange County e Philadelphia e Phoenix e Pittsburgh e Portland
Raleigh e Richmond e San Antonio e San Diego e San Francisco e St. Louis
St. Thomas e Stamford e Tampa e Torrance e Tucson e Washington, D.C.
www.ogletreedeakins.com
Workplace
S t r a t e g i es
®
2015 • Grand Hyatt San Antonio