Workplace
S t r a t e g i es
®
2016 • Chicago Marriott Downtown
Magnificent Mile
may 4-7, 2016
chicago marriott downtown
magnificent mile
Ogletree Deakins Invites You To Join Us For Our
Annual National Educational Labor And Employment Law Seminar
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 Chicago office of
Ogletree Deakins opened in 1999.
We have 49 offices across
the United States and in
Europe, Canada, and Mexico.
welcome from our new managing shareholder
I am pleased to invite you to Ogletree Deakins’ 2016 Workplace
Strategies seminar, which will be held May 4-7, in downtown
Chicago. I sincerely hope you can join us for our outstanding
annual employment law seminar for senior-level human resources
professionals and in-house counsel.
This 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 2016—with over 70 sessions
and 175 speakers (including special guest speakers).
We are once again giving back to the community through our
support of a local non-profit organization. This year, we are proud
and excited to support Kids Off The Block, Inc., a Chicago-based
organization dedicated to providing at-risk, low-income youth with positive alternatives to
gangs, drugs, truancy, violence, and the juvenile justice system. Kids Off The Block offers
multi-service youth programming that promotes good health, educational achievement, and
personal and social growth.
Workplace Strategies 2016 will be held at the Chicago Marriott Downtown Magnificent Mile,
which is located on Michigan Avenue in the heart of Chicago. 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 Chicago—and look
forward to having you with us.
Sincerely,
Ogletree Deakins
C. Matthew Keen, Managing Shareholder
Introducing our new
Managing Shareholder
C. Matthew Keen was elected Managing
Shareholder effective February 1, 2016.
He joined Ogletree Deakins’
Raleigh, North Carolina office in 1987
and has spent his entire career with the firm.
He has held a number of leadership roles
and his philosophy is built on understanding
his clients’ businesses, needs, and objectives.
Workplace
S t r at e g i es
®
2016 • Chicago Marriott Downtown
Magnificent Mile
Pre-Conference Immersion Sessions
10:00 a.m.Registration Opens
Noon – 1:30 p.m.
LUNCH AND SPECIAL PRESENTATION: The Intersection of the Wide, Wide World
of Sports and the Workplace
Lester Munson, Senior Writer and Legal Analyst, ESPN
Lester Munson is a senior writer, reporter, and legal analyst at ESPN and ESPN.com. A former
practicing lawyer for 25 years, Lester has reported on legal affairs in the sports world, including the
New England Patriots’ “Deflategate” controversy, the Teamsters’ effort to unionize college football
players, sexual and domestic assault charges against NFL players, performance enhancing drug
investigations, and more. Join us for this special presentation and gain insights about the many
parallels between the sports world and the workplace.
Introduction by: Thomas E. Deer (Chicago)
1:30 – 1:45 p.m.Break
1:45 – 5:00 p.m.
Immersion Sessions
1. “Ambush” Elections Boot Camp: A Campaign Simulation
In 2015, Ogletree Deakins lawyers handled nearly 100 “ambush” election petitions. These campaigns provided valuable insight into how unions organize under the NLRB’s new rules and
clarified the steps employers must take to be prepared. In this interactive session, participants will
be confronted with scenarios based on real-world experiences and be forced to react in real time
to simulated, but stressful, “ambush” election situations. Participants will walk away motivated never
to have to do this for real and with an action plan to help achieve that objective.
Moderator:
Speakers:
Rodolfo R. (Fito) Agraz (Dallas)
Bernard J. Bobber (Milwaukee) • Ruthie L. Goodboe (Pittsburgh)
Thomas M. Stanek (Phoenix) • Douglas M. Topolski (Washington, D.C.)
Thornell Williams, Jr. (Atlanta)
2. FLSA Flubs and Fumbles: A Study Group on Wage and Hour Missteps (and How to
Avoid Them in Your Workplace)
Employers that run afoul of the FLSA or state wage and hour laws risk severe fines, damages
awards, and attorneys’ fees. Even worse, a violation that applies to a group of employees subjects
employers to class and collective actions that could result in multi-million dollar liability. Proposed
new exemption regulations will make things even more complicated. This session will help
employers avoid the most common wage and hour mistakes, including those involving independent
contractor and misclassification issues, calculating overtime and travel time, meal and break period
rules, pay deductions, and more.
Moderator: Margaret Carroll Alli (Detroit (Metro))
Speakers: Elizabeth M. Ebanks (Richmond) • Brian J. Gershengorn (New York City)
Steven F. Pockrass (Indianapolis) • Spencer C. Skeen (San Diego)
3. Avoiding a Tragedy: A Workplace Violence Prevention Workshop
Sadly, violent incidents are not uncommon in our workplaces. Creating a violence-free workplace
4
is every organization’s goal, but how do employers foster a safe environment? How can you recognize
the warning signs and take appropriate action to protect your employees (and yourself)? Join
workplace violence authority Dr. Dennis Davis and experienced employment attorneys as they
share their insights for identifying the early warning signs and understanding the symptoms and
behaviors of individuals escalating toward violent behavior. The group will also address the five
most important steps organizations can take to prevent (or minimize the impact of) incidents of violence.
Moderator: Bruce A. Griggs (Austin)
Speakers: Dennis A. Davis Ph.D. (Torrance) • Sarah R. Nichols (San Francisco)
Luther Wright, Jr. (Nashville)
wednesday, may 4, 2016
4.Choose Your Own Adventure Under the ADA
Learn and have fun at the same time in this audience participation session on the ADA.
Faced with multiple different scenarios involving the top issues employers experience,
such as leave as an accommodation and the “direct threat” analysis under the ADA, the
audience will “choose their own adventures” by selecting answers among several options.
As the adventure develops, the right answers will be revealed (and likely debated).
Moderator: Eva W. Turner (Dallas)
Speakers: S. Rae Gross (Detroit (Metro)) • Kerri S. Reisdorff (Kansas City)
John G. Stretton (Stamford) • Charles L. Thompson, IV (San Francisco)
5. Eye on Workplace Investigations: Key Strategies and Best Practices
How do you get to the truth during an investigation while using effective—and legal—
investigation strategies? Join this interactive immersion session for a discussion of practical
considerations 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, creating reports, and following up
with key players. We will conclude with a list of best practices and explain how to implement
them in your workplace.
Moderator: Gregory J. Hare (Atlanta)
Speakers: Simone R.D. Francis (St. Thomas) • Benjamin P. Glass (Charleston)
Angela D. Green (Dallas) • William E. Grob (Tampa)
6. Workplace Safety Crisis Central—Live From the Control Room
Utilizing a scenario based on actual experiences, attendees will participate as team members
in the control room of the company workplace crisis center as a safety emergency unfolds.
Your mettle will be tested in the crucible of a catastrophe. Can you guide your company
through the chaos? At the conclusion, you will be prepared to be a steady and thoughtful
leader for your company should a real disaster strike.
Moderator: David E. Jones (Atlanta)
Speakers: John C. Artz (Pittsburgh) • Donelle R. Buratto (Detroit (Metro))
Phillip B. Russell (Tampa) • H. Bernard Tisdale (Charlotte)
6:00 p.m.
The Chicago Supper Club Experience
(Benefiting Kids Off The Block)
Kick off the evening with an authentic Chicago experience.
Enjoy dinner (featuring great local cuisine), libations, and
special entertainment at the unique Untitled Supper Club.
While located just a few blocks from the Marriott, the
experience will take you back in time to the Chicago of old.
Just by attending, you will be supporting a deserving, local
nonprofit dedicated to helping at-risk youth—Kids Off The Block.
Workplace
S t r a t e g i es
®
2016 • Chicago Marriott Downtown
Magnificent Mile
5
thursday, may 5, 2016
7:00 – 8:30 a.m.Registration and Breakfast
7:30 – 8:15 a.m.Pre-Conference Special Briefings
Topics will address the absolute latest employment law developments and will be announced
approximately two weeks prior to the program.
8:30 – 8:45 a.m.
Welcome to Chicago!
Lisa Madigan, Attorney General, State of Illinois
C. Matthew Keen, Managing Shareholder (Raleigh) • Michael H. Cramer (Chicago)
8:45 – 9:00 a.m.
Workplace Strategies 2016—Everything You Need to Know
Joseph L. Beachboard, Program Moderator (Torrance)
9:00 – 9:15 a.m.Presentation of the Homer Deakins Service Award
Recipient: Diane Latiker, Founder, Kids Off The Block
9:15 – 9:45 a.m. “Headline News”—The Perfect Start to Your Workplace Strategies
There have been many important employment-related developments over the last year—most of which
create additional challenges (and potential liability) for employers. Buckle up for a fast ride as we
highlight some of the key topics employers need to know about—and how the next three days of
Workplace Strategies can help you minimize the risks!
Speakers:
Carson G. Burnham (Boston) • Ron Chapman, Jr. (Dallas) • Joel A. (Buddy) Daniel (Greenville)
Wade M. Fricke (Cleveland) • Patrick F. Hulla (Kansas City) • David E. Jones (Atlanta)
Jeffrey C. Londa (Houston) • Andrew W. Merrills (Raleigh) • Danielle Ochs (San Francisco) Jimmy F. Robinson, Jr. (Richmond) • Elizabeth S. Washko (Nashville)
9:45 – 10:15 a.m.
Keynote Presentation: 21st Century National Security Challenges:
The World (and the Workplace) Is a Dangerous Place
Julia Nesheiwat, Ph.D., Presidential Deputy Envoy, U.S. Department of State
Day in and day out, the 24-hour news cycle warns us that the world is a volatile place. From refugee
crises to natural and man-made disasters, global economic woes, and acts of terrorism (both at home
and abroad), events in society can have a profound impact on businesses and workplaces. Our special
guest speaker, an advisor to President Obama, will share her unique insights on world events and
U.S. policy, providing a better understanding of how these far-reaching events may affect your
workplaces, in the United States or abroad.
10:15 – 10:45 a.m. Panel Discussion: Making Your Workplace “World-Class”
Following Dr. Nesheiwat’s thought-provoking presentation, our panelists will help employers craft
strategies to be prepared for the impact of world events on their employees and workplaces. The panel
will discuss key issues in immigration, fostering inclusiveness and tolerance, and workplace safety.
Moderator: Peter O. Hughes (Morristown)
Speakers:
Dennis A. Davis, Ph. D. (Torrance) • John F. Martin (Washington, D.C.)
Marifrances Morrison (Raleigh)
10:45 – 11:15 a.m.Break
11:15 a.m. – Noon
6
Breakout Sessions—Series 1
1. Avoiding Employers’ Number 1 Risk—Retaliation Claims
Claims of retaliation, based on both federal and state laws, continue to be filed by employees with ever-increasing frequency. And the general view is that they are easier for plaintiffs to win than other claims. This panel will discuss the current state of retaliation law, the reason why retaliation claims
are so popular with plaintiffs and their counsel, and employer strategies for decreasing the risk of
liability (such as better reporting mechanisms for complaints, stronger internal policies, thorough
investigations, supervisor training, and more).
Moderator: Ron Chapman, Jr. (Dallas)
Speakers: Rachel F. Barner, General Counsel-Enterprise Risk, Corporate Solutions, JLL
Cynthia A. Bremer (Minneapolis) • W. Scott Hardy (Pittsburgh)
program agenda
2. Welcome to the “Gig Economy”: The New Normal?
Surveys indicate that up to one-third of the workforce is made up of freelancers. These workers enjoy widespread
satisfaction and prefer working as independent contractors on their own schedules. However, the gig model can
create significant legal risks for companies, from misclassification claims to audits by federal and state agencies,
and more. This session will examine these issues and identify steps companies can take to avoid or minimize liability.
Moderator: Christopher E. Moore (New Orleans)
Speakers: Maria Greco Danaher (Pittsburgh) • Thomas M. McInerney (San Francisco)
3. Dazed and Confused by Drug Laws? A Sober, Clear-Eyed Approach to Multistate Compliance
The proliferation of medical and recreational marijuana laws continues, with even more states expected to pass laws
permitting medical and/or recreational use of marijuana in the near future. Employers are left to deal with a confusing
patchwork of state (and federal) laws. Join our panelists as they discuss the current drug testing landscape and the
myriad resulting issues, including the implications of medical marijuana use in the workplace, “antidiscrimination”
provisions, reasonable accommodation issues, safety concerns, and the legality of drug testing.
Moderator: Austin E. Smith (Denver)
Speakers: Michael Clarkson (Boston) • Dinah L. Choi (Portland) • Elizabeth S. Hendler, Vice President and
Chief Employment Counsel, Boston Scientific Corporation
4.More Wage and Hour Suits (and Enforcement) Than Ever? Really?
2015 saw more federal wage and hour lawsuits filed than ever before. What is behind the continuing increase, and
how do employers avoid becoming part of the statistic? Adding to the mix is the Wage and Hour Division’s (WHD)
recent guidance calling for broader application of “joint employment,” which potentially could leave companies liable
for the wage and hour violations of their contractors and staffing companies. Join this panel to learn about the
“fissured workplace” theory, increased enforcement priorities, and what to expect in the coming months.
Moderator: Tracy A. Miller (Phoenix)
Speakers: Charles E. McDonald, III (Greenville) • Tibor Nagy Jr. (Tucson)
5.Handbook Headaches: Ensuring Your Policies Withstand NLRB Scrutiny
The NLRB continues to expand the definition of protected concerted activity and scrutinize many frequently-used
employment policies (in both unionized and nonunionized settings). Policies on social media, confidentiality,
employee conduct, photographs, and recordings, to name only a few, may be setting employers up for litigation
instead of providing protection. This session will provide practical guidance and recommendations for employers
in drafting and revising their policies to keep pace with NLRB rulings and guidance.
Moderator: M. Baker Wyche, III (Greenville)
Speakers: Maria Anastas (Los Angeles) • Richard L. Samson (Chicago)
6.California’s New Fair Pay Law: What It Means for Your Business Effective January 1, 2016, California amended its Fair Pay Act to eliminate many of the defenses that traditionally kept employers out of the courtroom when female employees claimed they were paid less than men—making it one of
the toughest pay equity laws in the nation. Employers will need to review their current policies and practices to ensure
pay equity compliance—and not just those with employees in California, as other states (such as New York and
New Jersey) are passing similar revisions to their pay equity laws. The panel will discuss the new law’s provisions,
its impact on employers, and proactive measures your company can take, including conducting pay equity audits.
Moderator: Robert A. Jones (San Francisco)
Speakers: Lori A. Bowman (Los Angeles) • Douglas J. Farmer (San Francisco)
7. The Top 10 Benefits Compliance Issues for 2016
With the number of laws and regulations governing employee benefits constantly on the rise, benefits professionals
must run—not walk—to keep pace with all the new requirements. Join us as we cover the top 10 most challenging
issues in addition to the Affordable Care Act that organizations face as they endeavor to remain compliant. Our panel
will discuss issues such as the definition of compensation and eligibility errors in retirement plans, COBRA extensions
and reimbursements, missing or inadequate cafeteria plan documents, severance plans under ERISA, and more.
Moderator: Joel A. (Buddy) Daniel (Greenville)
Speakers: Catherine R. Reese (Indianapolis) • C. John Wentzell (Greenville)
7
thursday, may 5, 2016
(continued)
8.Breaking Developments in Compliance and Ethics: Is Your Company Prepared?
In a recent survey, chief legal officers were asked what keeps them up at night. The number one
answer: ethics and compliance issues. With the ever-expanding definition of what constitutes a
bribe under the Foreign Corrupt Practices Act of 1977, the allure of lucrative whistleblower
awards, and the promise of holding individuals accountable for corporate wrongdoing, in-house
counsel need to know about these breaking developments and how to protect their companies,
their senior executives, and potentially themselves.
Moderator: Margaret H. Campbell (Atlanta)
Speakers: Theresa Donahue Egler (Morristown) • Grant D. Petersen (Tampa)
Noon – 1:30 p.m.
Lunch and special presentation: Election Update: The Campaign Rolls On
The 2016 presidential election is just around the corner and what a campaign it has been—debates,
barbs, and insults, but few solutions! Meanwhile, the congressional races have received much less news
coverage but are potentially even more important. Our panel of politicos from both sides of the aisle will
give us their take on what’s likely to happen and what the election results will mean
for employers in 2017 and beyond.
Introduction: Charles B. Baldwin (Indianapolis)
Moderator: Harold P. Coxson (Washington, D.C.)
Speakers: Ray LaHood, former U.S. Secretary of Transportation and former
Member, U.S. House of Representatives (R-IL) • Charles A. Gonzalez
(San Antonio), former Member, U.S. House of Representatives (D-TX)
1:30 – 1:45 p.m. Break
1:45 – 2:30 p.m.
Breakout Sessions—Series 2
1. “My Favorite Mistake”—Perspectives From the Plaintiffs’ Bar
Get a close-up look at how “the other side” views workplace litigation. A panel of Chicago’s
well-known plaintiffs’ employment lawyers will explain what they look for in their cases, describe the
mistakes employers have lived to regret, and share their tips on how to avoid being their next target.
Bring your questions!
Moderator:
Speakers:
Tobias E. Schlueter (Chicago)
Alejandro Caffarelli, Caffarelli & Associates • George F. Galland, Jr., Miner, Barnhill &
Galland, P.C. • Darlene A. Vorachek, Abrahamson Vorachek & Levinson
Christopher Williams, Workers’ Law Office, P.C.
2. I Am Cait . . . Transgender Issues in the Spotlight in 2016
Most employers are now familiar with the general protections for transgender employees and
applicants. However, the complexity of the issues is increasing and the legal landscape is more
perplexing as the EEOC and advocacy groups are filing additional test cases and federal agencies
are promulgating significant guidance and interpretations—which exceed the face of the laws they
are charged with enforcing. Join this session for an update on the latest developments and how to
handle the difficult situations facing employers.
Moderator: Gregg M. Lemley (St. Louis)
Speakers: Kelly S. Hughes (Charlotte) • Anne E. Larson (Chicago)
Kim Metrick, Director and Managing Counsel, Employment Law, Walgreen Co.
3. It’s Not Just Lilly Ledbetter Anymore: Reducing Risks and Defending Pay Bias Claims
Pay discrimination based on gender has been prohibited by federal and many state laws for decades. 8
A renewed government focus on pay bias and the reemergence of pay discrimination class actions
means that all employers must examine their pay practices to identify any unjustified pay disparities
and ensure they are using best practices in connection with pay decisions. This session will provide
practical guidance for identifying potential pay disparities, determining whether there are legitimate
explanations for those disparities, correcting risk areas, and protecting the company in pay
discrimination lawsuits, including class actions.
Moderator: Chris R. Pace (Kansas City)
Speakers: Mark H. Burak (Boston) • Lara C. de Leon (Orange County)
program agenda
4.Hands in the Cookie Jar: Investigating Employee Theft, Embezzlement, and
Other Criminal Conduct
Join a former FBI agent and experienced employment attorneys as they address the issues that arise
when an employee is suspected of committing a crime on company time or with company resources,
embezzling funds, or stealing company property or proprietary information. Learn about potential
employer reporting obligations and liability risks, interview techniques and other investigation best
practices, how to work with law enforcement, and more.
Moderator: Keith D. Frazier (Nashville)
Speakers: Anthony L. Martin (Las Vegas) • Christopher James Meister (Phoenix)
Charles E. Price II, Managing Director, Risk & Compliance, MorganFranklin Consulting
5.Background Checks Spawn a New Wave of Class Action Lawsuits
An employer’s ability to obtain criminal information and conduct background checks on workers is
under attack by “ban the box” legislation and the EEOC. Ensure that your company is in compliance
with the law by learning the circumstances in which it is lawful to conduct background checks (and
when it is not). The panel will also discuss why the Fair Credit Reporting Act is becoming the latest
source for class action cases and will provide guidance on how to minimize the risks associated with
this costly litigation.
Moderator: Amy M. Pocklington (Richmond)
Speakers: R. Lance Witcher (St. Louis) • Stephen R. Woods (Greenville)
6.Navigating the Land of Lincoln—Employment Law for Illinois Employers
Not only are its politics unusual, but Illinois’s employment laws have vagaries that employers
in the state need to understand. For example, Illinois agencies recently revised regulations pertaining
to the Illinois Wage Payment and Collection Act, the Prevailing Wage Act, and the Illinois Human
Rights Act. These changes affect severance pay, prevailing wages, handbook disclaimers (making
handbooks into contracts), pregnancy discrimination and accommodation, and other workplace issues.
Join our panel for a discussion of these nuances, as well as recent developments regarding guns in
the workplace, medical marijuana, and restrictive covenants.
Moderator: Harry J. Secaras (Chicago)
Speakers: Carol A. Poplawski (Chicago) • Timothy A. Wolfe (Chicago)
7. What Exactly Is “Representative Proof” in Class and Collective Actions
Since the Supreme Court of the United States unanimously disapproved of “trial by formula,” courts
and litigants have struggled over when representative proof is proper in class and collective actions.
So what exactly is representative proof and when is it valid and appropriate? What are the pros and
cons of statistical sampling, surveys, or bellwether trials? How can employers use such evidence to
prove lack of culpability? What options does an employer have when threatened with representative
proof? When do due process concerns come into play? The panel will address these and other
practical issues around representative proof in complex cases.
Moderator: Ellen K. Toth (Cleveland)
Speakers: A. Craig Cleland (Atlanta) • Evan R. Moses (Los Angeles)
8. Discrimination in the Global Workplace: Strategies for International Employers
Recent court rulings in the United States, South America, and Europe indicate that different
jurisdictions are moving in divergent directions regarding workplace discrimination. This session
will explore these global trends and practices, help employers understand the differences, and
provide dos and don’ts for global employers that will help them minimize risks.
Moderator: Rodney A. Harrison (St. Louis)
Speakers: Lauren M. Bruning, Senior Counsel, Energizer Holdings, Inc.
Carson G. Burnham (Boston) • Ulrike Conradi (Berlin)
2:30 – 2:45 p.m.Room Change
Designed Specifically For Attorneys
9
thursday, may 5, 2016
(continued)
2:45 – 3:30 p.m.
Breakout Sessions—Series 3
1.Comfort Dogs, No Nuts, and Odor-Free Workplaces—The Expansion of
“Reasonable” Accommodations
With every passing year, what is considered to be a “reasonable” accommodation under the ADA
seems to be stretched further and further. This session will provide examples of how duties to
accommodate have been expanded and will suggest practical tips on how in-house counsel and
HR professionals can navigate the evolving minefield that is the ADA.
Moderator: Bryant S. McFall (Dallas)
Speakers: Dana D. Deane, Division Counsel-Litigation, Abbott Laboratories
Burton D. Garland (St. Louis) • Michael D. Mitchell (Houston)
2.Personality Assessments: Indispensable Data or Legal Liability?
The use of personality tests during the hiring and/or promotion process is becoming more and
more prevalent—especially among large employers. This session will address the latest on the
science of personality assessments, examine how employers are using the data, assess the practical
benefits, and explain the common legal risks associated with relying upon such data when making
employment decisions.
Moderator: Mark Diana (Morristown)
Speakers: Johnnie A. James (Los Angeles) • David D. Powell (Denver)
3. Strategies for Effective Collaboration on Cross-Border Labor and Employment Issues
In today’s world of multinational companies, navigating the myriad labor and employment issues can
be daunting and complicated for in-house counsel and HR professionals. Join our panel, composed
of lawyers from our Berlin and Mexico City offices and in-house counsel, as they discuss successful
approaches for how to handle challenging cross-border matters by utilizing outside counsel in the
relevant international jurisdiction. The panelists will provide valuable insights based on their positive
experiences partnering together to solve the difficult issues involved in cross-border litigation.
Moderator: Timothy G. Costello (Milwaukee)
Speakers: Hendrik Muschal (Berlin) • Pietro Straulino-Rodriguez (Mexico City)
Amy Grynol Gibbs, Senior Counsel, Global-Labor, Employment & Litigation, Dematic Group
4. Wellness Plans—Will the EEOC Ever Be Satisfied?
Workplace wellness plans have never been so complicated. Beyond the alphabet soup that is
HIPAA, ERISA, GINA, COBRA, and the ACA (not to mention the state law issues that may arise),
the EEOC has proposed regulations that will impose additional requirements on employer-sponsored
wellness programs. In this interactive session, experienced benefits attorneys will outline these
new requirements, examine the impact they will have on wellness programs, and provide strategies
for compliance.
Moderator: Patricia L. Beaty (Indianapolis)
Speakers: Christina Maistrellis Broxterman (Atlanta) • Daniel T. Sulton (Greenville)
5. O Canada! Labor (or Labour) and Employment Law North of the Border
The weather is frigid, the people are warm, and the laws are different. Join the panelists from
our newest office in Toronto as they discuss the significant labor and employment law issues in the
Great White North. The topics will include the lack of at-will employment, the enforceability of
restrictive covenants, Canadian wage and hour laws, how human rights complaints are handled,
differences in litigating cases, and how much latitude employers have in drafting employment
policies, including drug testing policies.
Moderator: Patrick R. Martin (Minneapolis)
Speakers: Hugh A. Christie (Toronto) • Edward Majewski (Toronto)
10
program agenda
6. Forensics 101—What Forensics Consultants Wish Companies Knew About
Forensic Discovery in Employment Litigation
Join this panel of attorneys and a forensics expert for a discussion of the various contexts in which
forensic discovery arises (spoiler alert: noncompete and some employment cases). Our panel will
explain the A–Z basics and describe the best (and most cost-effective) practices for forensic
discovery, including preservation, search approaches, forensic protocols, deletion protocols, and more.
Moderator: Caroline R. Guest (Portland)
Speakers: Keith Chval, Principal, Protek International, Inc. • John L. Hayes (Chicago)
Phillip J. Strach (Raleigh)
7. The New Risk for Government Contractors: Understanding the
“Blacklisting” Regulations
Federal contractors remain concerned about the impact that the Fair Pay and Safe Workplaces
Executive Order may have on their government contracts. This concern is well-founded given that
this blacklisting executive order links the awarding of federal contracts to a contractor’s labor law
record. This session will review the key components of the proposed regulations and their likely
implications for OSHA inspections, NLRB and EEOC charges, and audits and investigations by
OFCCP and the DOL’s Wage and Hour Division. Specific emphasis will be placed on the risk
mitigation strategies contractors should consider to manage these business threats.
Moderator: James J. Murphy (Washington, D.C.)
Speakers: Eric P. Berezin (Atlanta) • Gretchen W. Ewalt (Raleigh)
8. Improving Data Security by Inspiring Employee Engagement
Employee error and misconduct remain the primary risk to the security of worker, customer, and
third-party data. This session will describe the physical, technical, and administrative measures
employers should implement to protect themselves from these risks. Among these measures are
conducting audits of current practices and upgrading their approach to secure information and to
limit potential liability in the event of a data breach.
Moderator: Thomas A. Cattel (Detroit (Metro))
Speakers: Ashley Prickett Cuttino (Greenville) • Danielle Vanderzanden (Boston)
3:30 – 3:45 p.m.Break
3:45 – 4:20 p.m. Workplace Strategies “TED Talks”: Managing Change in the Workplace
Change is inevitable—and very often groundbreaking. How we accept, deal with, and manage change
is another thing. Our three outstanding speakers will give their perspectives (in a TED Talks format) on
how recent shifts in the legal landscape, demographics, and cultural and social values have resulted in
new opportunities—and new challenges—for those who manage workforce issues. This new addition to
Workplace Strategies is not to be missed!
Moderator: James M. McGrew (Atlanta)
Speakers: Michael W. Fox (Austin) • Patti C. Perez (San Diego) • Nonnie L. Shivers (Phoenix)
4:20 – 4:50 p.m.
The Wacky World of Employment Law
Join us again this year for our entertaining survey of the most off-the-wall employment law developments
of the year. Our presenters’ humorous and insightful looks at these wacky cases is an annual favorite
of attendees!
Speakers: Melissa A. Bailey (Washington, D.C.) • Joseph T. Clees (Phoenix)
4:50 – 5:00 p.m.Closing Remarks and First Prize Drawing
5:00 – 7:00 p.m.
Taking It Breezy in the Windy City
Chicago may earn its “Windy City” nickname when the cold weather strikes, but its residents are famous
for having a great time when the weather turns warmer. Come join your friends and colleagues for cocktails
and a great sampling of hors d’oeuvres from our host city.
Designed Specifically For Attorneys
11
friday, may 6, 2016
7:00 – 8:30 a.m.Breakfast
7:30 – 8:15 a.m.
“Early Bird” Sessions
1. Absence Makes the Heart Grow Fonder? A Guide to Return-to-Work Issues
Your employee was out on FMLA or other protected leave and comes back. Now what? There can be
many issues. What if the employee’s replacement did a better job? Must the employee be returned to
the same position or will a similar position do? What types of accommodations are unreasonable in the
return-to-work context? This interactive session will explore some of the most vexing issues presented
when an employee returns to work from leave.
Moderator: Kevin D. Reese (San Francisco)
Speakers: Gregory C. Cheng (San Francisco) • Jonathan O. Harris (Nashville)
2.Guns and Weapons in the Workplace—Legal Obligations, Litigation Risks, and
Policy Best Practices
This session aims to help employers ensure that their workplaces, which are increasingly armed,
are not dangerous for employees (or HR professionals). The panelists will cover the latest trends in
regulating employees’ and third-parties’ rights to bring guns on work premises and in parking areas,
while also addressing strategies for employers in dealing with changes in the law.
Moderator: Kristin M. Snyder (Dallas)
Speakers: J. Carin Burford (Birmingham) • Ted D. Meyer (Houston)
3.RIFs and Risks: Best Practices for Implementing Mass Layoffs
Whether due to a declining economy, plunging oil prices, or a change in business structure, many
companies need to consider a reduction in force (RIF). The implementation of a RIF is often
challenging for management and HR personnel, who must deal with issues ranging from discrimination
risks to adherence with the legal requirements imposed by the Worker Adjustment and Retraining
Notification Act. Join our panel for a discussion on how to plan for and implement lawful practices
during a layoff and avoid costly litigation.
Moderator: Katherine G. Rigby (Boston)
Speakers: Michael R. Buchanan (Dallas) • James H. Fowles (Columbia)
4. The Workplace “Perks” Toolkit: How to Evaluate and Avoid Legal Minefields
Given the popularity of providing new “perks” in the workplace—sabbaticals and unlimited paid time off, prizes and rewards for service, free food and snacks, and more—employers need to
be sure they are addressing any potential risks arising from these practices. This session will provide
employers with a “toolkit” for evaluating the legal and practical implications of offering such perks and
a checklist of considerations to evaluate when implementing a new “perk” in the workplace.
Moderator: J. Howard Daniel (Greenville)
Speakers: Rebecca J. Bennett (Cleveland) • Vicki M. Nielsen (Washington, D.C.)
5.Missing I-9s and Other Compliance Disasters: Practical Responses to Serious Problems
You’ve started a new job or acquired a new company and discover that you have inherited some major
I-9 compliance problems! You already know that there are severe consequences for noncompliance, but
how do you quickly and efficiently fill the gaps? This session will provide insights from real cases to help
you improve your I-9 problem-solving techniques.
Moderator: Stephen H. Smalley (Raleigh)
Speakers: Leigh N. Ganchan (Houston) • Sarah J. Hawk (Raleigh)
12
program agenda
6.Retail and Hospitality Roundtable—What’s Keeping Employers Up at Night
Join this session for an interactive discussion of the hottest labor and employment topics affecting
retail and hospitality employers. Topics will include the localization of state and municipal employment
laws (sick leave, minimum wage, new equal pay laws, etc.), predictive scheduling, “ambush” elections,
the latest wage and hour issues, joint employer challenges, open and concealed carry laws, and more.
Bring your topics and questions for this roundtable discussion.
Moderator: Andrew E. Tanick (Minneapolis)
Speakers: Charles E. Engeman (St. Thomas) • Diane M. Saunders (Boston)
7.Benefits Management During Leaves of Absence—The Challenges for Employers
Leaves of absence present unique benefits challenges for employers. Various state and federal laws
need to be considered as do special requirements set by insurers. The nature of the leave and
whether it is paid or unpaid will affect continued eligibility, vesting, plan distributions, and required
notices to the employee. This panel will discuss when employers must, or can, continue to provide
benefits during a leave and the impact of different kinds of leaves (for an employee’s own illness, the
illness of a family member, military service, jury duty, or a sabbatical). The panel will also work through
practical examples and help attendees assess risks.
Moderator: William A. Gray (Atlanta)
Speakers: Ann Carr Mackey (Indianapolis) • Timothy J. Stanton (Chicago)
8:30 – 8:45 a.m.
DAY TWO CONFERENCE KICK OFF
Homer L. Deakins, Jr., Chairman Emeritus (Atlanta)
8:45 – 9:15 a.m.
Keynote Policymaker Perspective
Philip A. Miscimarra, Member, National Labor Relations Board
The current NLRB has continued to change long-standing NLRB precedent, which has created many
challenges for employers—and kept them on edge for what’s next. NLRB Member Miscimarra returns
to Workplace Strategies to provide his perspective on the latest developments and to preview what
may be on the horizon at the NLRB.
Introduction by: Arthur B. Smith, Jr. (Chicago)
9:15 – 9:45 a.m.
The Status (and Future) of the American Labor Movement
Former NLRB Member Brian Hayes and author and former New York Times labor and workplace reporter
Steven Greenhouse will examine the current state of the labor movement in the U.S. workplace. They will
also share their views on what employers can expect from big labor and the NLRB in the coming months.
Moderator: C. Thomas Davis (Nashville)
9:45 – 10:15 a.m.Panel Discussion: Not Your Father’s NLRB—Strategies for Employers
This panel will discuss how “ambush” elections, joint employer issues, the expanded focus on employer
policies, and other changes by the NLRB have profoundly altered the labor risks for U.S. companies.
How do all employers—unionized and nonunionized—adjust to the new playing field? Our panel will
offer their advice on specific steps employers must take to succeed in the changing environment.
Moderator: Joseph L. Beachboard (Torrance)
Speakers: Andy Capone, Director of Labor Relations, ABC Supply Co., Inc.
Ruthie L. Goodboe (Pittsburgh) • David J. Rittof, President/CEO, Modern Management, Inc.
10:15 – 10:45 a.m.Break
13
friday, may 6, 2016
10:45 – 11:30 a.m.
(continued)
Breakout Sessions—Series 4
1. The NLRB—The Discussion Continues
The conversation about developments at the NLRB and other important labor issues continues with both a current and former Board member and a prominent labor commentator,
who will also discuss the state of the labor movement. Bring your questions for this unique
opportunity to join in the discussion.
Moderator:
Speakers:
C. Thomas Davis (Nashville)
Steven Greenhouse, former labor and workplace correspondent, The New York Times
Brian E. Hayes (Washington, D.C.) • Philip A. Miscimarra, Member, National Labor
Relations Board
2.How to Win Employment Lawsuits Before They Are Filed
Success in any employment lawsuit depends upon the facts of the case. These facts arise
well before any lawsuit is filed and often before the threat of a lawsuit is even a blip on the
radar screen. This presentation will identify facts critical to success in employment lawsuits
and review the best practices and decisions that generate them. Such facts not only position
employers to win employment lawsuits, but can also prevent claims from being filed—which is
the best victory of all.
Moderator: Penny C. Wofford (Greenville)
Speakers: Sharon P. Margello (Morristown) • David L. Warren (Birmingham)
3.Has the Use of Independent Contractors Fizzled Out in the
Fissured Workplace?
This session will discuss the latest developments on the use of independent contractors,
including the recent controversial Wage and Hour Division Administrator’s Interpretation,
aggressive federal and state agency enforcement efforts, and plaintiffs’ counsel’s latest
tactics to challenge these staffing models. This panel will also discuss the latest cases and
settlements, key traps for the unwary employer, and practical tips for minimizing risks of
misclassification in light of the current litigation trends and enforcement environment.
Moderator: Kevin P. Hishta (Atlanta)
Speakers: Linda M. Gadsby, Vice President & Deputy General Counsel, Scholastic Inc.
Greg Guidry (New Orleans) • Margaret Santen Hanrahan (Charlotte)
4.The “411” on Part 541: Preparing for the New Overtime Regulations
In 2015, the DOL sent shock waves when it released proposed overtime regulations that
would more than double the salary threshold for exemption from overtime requirements.
Now that 2016 is here, your organization must prepare to comply with one of the biggest
changes to wage and hour law in recent history. Join us for a session that will cover the most
important steps your company should take to prepare for the upcoming changes, including
assessing the scope and impact of the changes on your organization, developing a strategy
for those employees who will no longer qualify as exempt from overtime pay, and communicating
with your workforce about the changes.
Moderator: William P. Steinhaus (Atlanta)
Speakers: Andrew P. Burnside (New Orleans) • Alfred B. Robinson, Jr. (Washington, D.C.)
14
program agenda
5. Squaring the Circle: Managing Key Business Immigration Challenges
Employers today need to move fast to stay competitive, and they need a workforce that
can move with them. However, immigration law has failed to keep pace with today’s
modern workforce. Further, the threat of terrorism is bringing about changes that
may impede or eliminate certain visa options. This panel will discuss strategies businesses
can use to deal with today’s evolving immigration landscape, including an ongoing
shortage of H–1B visas for foreign professionals, mounting difficulties in obtaining
L–1 visas for intracompany transfers, and the labyrinth of immigration laws that can
hinder the ability of employees to work remotely.
Moderator: Todd J. Kaiser (Indianapolis)
Speakers: Jacqueline P. Maroney (Austin) • Andrew W. Merrills (Raleigh)
John C. Varga, Employment Counsel, The Sherwin-Williams Company
6. Workplaces Undergoing Corporate Change—Managing the Key Issues
Mergers, spin-offs, acquisitions, restructurings, right-sizing . . . change is constant in the
corporate world, and many labor and employment issues can be implicated in the process.
Companies should identify the various employment and HR issues that must be addressed
and resolved early on so as to minimize future conflicts and potential legal liability.
This session will provide practical insights on and strategies for preparing, adjusting,
and succeeding when corporate change occurs.
Moderator: Hardy R. Murphy (Los Angeles)
Speakers: Diana J. Nehro (Boston) • Robert Petrulis (Cleveland) • Pamela G. Valderrama, Vice President, Associate General Counsel, RR Donnelley
7.Health Care Reform Update—Lessons Learned and New Strategies
With the first year of compliance with the ACA’s employer mandate under our belts, this
is an excellent time to focus on lessons learned and how to convert those into strategies
for 2016 and beyond. This session will answer questions about remaining 1094-C filing
obligations for 2016 and provide a roadmap for responding to notices from the marketplace
relating to employees who have received premium tax credits on coverage purchased
through an exchange. We will help you prepare to defend any IRS penalty assessment
under Code Section 4980H, and then turn our attention to the projected fate of the “Cadillac Tax” and Obamacare in general after the 2016 elections.
Moderator: William A. Gray (Atlanta)
Speakers: Stephanie A. Smithey (Indianapolis) • Timothy G. Verrall (Houston)
8. The New Frontiers of E-Discovery: From BYOD Policies to Chat, the Internet
of Things and Beyond
The challenges of e-discovery continue to explode, complicated further by texts, chats,
and more. This session will explore the preservation, collection, and processing challenges
endemic to the growing trends of BYOD, social media, and big data. The panelists will also
share their tips and guidance on policies, practices, and the advance preparation needed to
meet discovery demands amid growing privacy concerns.
Moderator: Neil V. McKittrick (Boston)
Speakers: Cassie Kinney, Litigation & Claims Manager, Life Care Services
Danuta B. Panich (Indianapolis)
11:30 – 11:45 a.m.Room Change
Designed Specifically For Attorneys
15
friday, may 6, 2016
11:45 a.m. – 12:30 p.m.
(continued)
Breakout Sessions—Series 5
1. Alcoholism, Substance Abuse, and Mental Health Issues in the Workplace
Working with, accommodating, and supporting employees who struggle with alcoholism, substance
abuse, or mental health issues can be a complex task due to the sensitive nature of the situation
and the numerous employment laws that may be implicated. Addiction and mental health issues
can lead to absenteeism, poor performance, on-the-job injuries, or even workplace violence.
This session will provide employers with practical guidance on how to handle the complex issues
that can arise when addressing addiction and mental health in the workplace, as well as ensuring
that safety in the workplace is not compromised.
Moderator: Marc L. Zaken (Stamford)
Speakers: John Gerak (Cleveland) • Vince M. Verde (Orange County)
Kathryn Woodward, Senior Labor and Employment Counsel, GE Healthcare
2.Maximizing Employee Success Through Effective Onboarding
Back by popular demand, this program shares tips and insights on positioning new employees
for success. The statistics are staggering: Every year 25 percent of the U.S. workforce experiences
a career transition, and 50 percent of all hourly workers leave new jobs within the first 120 days.
A successful onboarding program can reduce turnover, increase satisfaction, clarify delivery
expectations and objectives, and jump start business relationships. This session will focus on
creating an onboarding program that helps new hires by focusing on the 4 “Cs”: compliance
(with policies and rules); clarification (understanding the job and its expectations); culture
(teaching employees about the organization’s culture and norms); and connection (establishing
business relationships and information networks).
Moderator: Brian D. Lee (Morristown)
Speakers: Jennifer L. Colvin (Chicago) • Jennifer S. Rusie (Nashville)
3. Effectively Managing FMLA Intermittent Leave Abuse Issues
FMLA leave continues to be one of the most challenging issues in the workplace, worsened only
by whispers that employees are abusing the right to take time off. Intermittent leave is especially
problematic (and frustrating) for employers. Tired of going to FMLA abuse sessions and learning
the same old techniques that do not solve your problems? This session will explain what works
and what leads to litigation—and how juries feel about how employers manage FMLA leave.
Moderator: Leah S. Freed (Phoenix)
Speakers: Dan R. Gallipeau, Ph.D., President, Dispute Dynamics
Michael M. Shetterly (Greenville)
4. Traversing a Tangled Web: Employment Law and Data Privacy Concerns With
Global Mobility Assignments
Data privacy concerns and employment laws applicable to global mobility assignments are
increasingly complex, yet are frequently ignored in the planning and immigration/visa process.
Failure to comply with expanding—and sometimes inconsistent—employment laws and data
privacy requirements can trigger unintended consequences for companies that are looking for
ways to effectively manage their employees on foreign assignments. These concerns are especially
acute for U.S. companies with European and Israeli visa beneficiaries due to their unique laws.
This session will explore the most commonly overlooked issues in global mobility assignments and
provide suggestions for reducing compliance risks.
Moderator: Maria Fernanda Gandarez (New York City)
Speakers: Bernhard Mueller (Columbia) • Christopher L. Thomas (Denver)
5. The Website Accessibility Litigation Explosion: Is It on Your (Radar) Screen?
Although website accessibility litigation under the ADA has been around for some time, the last
year has seen a major spike in the number of lawsuits filed and demand letters sent. Retailers,
educational institutions, and the hospitality industry have all been major targets for the plaintiffs’ bar
and the U.S. Department of Justice. Join this session to learn how to avoid these claims and what to
do if you receive them. Our panel will address these issues and more in a session focused on the
latest news from the frontlines.
16
Moderator: Caroline Larsen (Phoenix)
Speakers: James M. Paul (St. Louis) • David Raizman (Los Angeles)
program agenda
6.Please Release Me! Preparing Enforceable Severance, Settlement, and
Waiver Agreements
When drafted properly, severance, settlement, and other release agreements offer employers
a valuable opportunity to avoid costly litigation. To sidestep unwelcome challenges to these
agreements, employers must understand the potential limitations on their enforceability and craft
them to withstand court scrutiny. This session will focus on the practical and legal considerations
of negotiating and preparing enforceable releases, as well as tips for avoiding common mistakes
made by employers in attempting to decrease risk and liability through the use of a release.
Moderator: Robert A. Sar (Raleigh)
Speakers: Trina R. Le Riche (Kansas City) • Stanley G. Schroeder (St. Louis)
7. Watch Your Step! Best Practices for Avoiding Benefits Fiduciary Missteps
When fiduciary duties related to employee benefit plans arise, employers can face millions of
dollars in liability. Things done (and left undone) when sitting on 401(k) administration committees,
valuing company stock, and developing investment menus can have disastrous consequences.
This session will discuss recent cases involving allegations of breaches of fiduciary duties and
will provide practical guidance on avoiding the pitfalls that other employers have encountered.
Moderator: William A. Gray (Atlanta)
Speakers: Lorne O. Dauenhauer (Portland) • Ruth Anne Collins Michels (Atlanta)
8. Affirmative Action—How the Rules Have Changed and How to Comply With Them
During the Obama administration, OFCCP’s compliance evaluations have clearly been more
comprehensive. Federal contractors and subcontractors now regularly face inquiries about
compliance with veterans’ and disability regulations, as well as executive orders relating to LGBT
employees and workers who discuss their pay. OFCCP is also drilling down into affirmative action
plan construction, and is not only collecting data on Internet applicants but asking for job seeker
information as well when investigating systemic discrimination issues. This session will examine
the fast moving world of affirmative action compliance and provide best practices for contractors
and subcontractors in this nuanced area of the law.
Moderator: John C. Glancy (Greenville)
Speakers: T. Scott Kelly (Birmingham) • Leigh M. Nason (Columbia)
12:30 – 1:15 p.m.Lunch With the Lawyers
1:15 – 1:45 p.m.Pardon the Interruption! Workplace Strategies Style
With so many sessions to choose from, you can’t attend them all. So we’ve asked speakers from the
most popular sessions to provide highlights and key takeaways from their sessions, all while on a shot
clock. Back by popular demand, this session is fast-paced, fun, and interesting!
1:45 – 2:30 p.m.HR You Kidding Me? An Improvisational Comedy Team’s Take on Human Resources
and Employment Law
Chicago is the capital of improvised sketch comedy. Bill Murray, Steve Carell, Tina Fey, Amy Poehler,
and countless other performers started on Chicago’s improv stages. ComedySportz, Chicago’s longest
running short-form improv comedy troupe, delivers hilarious interactive shows fueled by audience input.
A team of ComedySportz improvisers will turn your input into a unique show customized for us. We just
might get a glimpse of your workplace . . . and tomorrow’s television
and movie stars.
Introduction: Michael H. Cramer (Chicago)
2:30 – 2:45 p.m.Main Conference Closing and Grand Prize Drawing
Designed Specifically For Attorneys
17
friday, may 6, 2016
3:00 – 5:00 p.m.
(continued)
Post-Conference Special Sessions
1. Arbitration Update: Pros and Cons and What Courts Like (and Don’t Like)
Employer interest in mandatory arbitration agreements (and class action waivers) is at
an all-time high, as is opposition from plaintiffs’ counsel and government agencies. This
session will discuss the positive and negative aspects of including an arbitration clause in
your employment agreements and will offer practical insight on choosing whether an
arbitration program is right for your company. We will also discuss specific provisions
that have been the subject of recent court challenges, analyze what courts have enforced
and rejected, and provide tips for keeping ahead of the opposition.
Moderator: Eric A. Todd (St. Louis)
Speakers: John G. Harrison (Nashville) • Jack S. Sholkoff (Los Angeles)
Erin E. Williams (St. Louis)
2.California Dreaming . . . or Is It a Nightmare?
In 2015 alone, the California legislature passed over 50 new laws and amendments to
current laws that affect the workplace. To complicate matters further, the California courts
have issued numerous pro-employee decisions interpreting California’s quirky workplace
laws. How do employers keep up and avoid getting constantly embroiled in the nightmare
of litigation? This primer on California employment law will focus on the key legal areas
where California law creates the most headaches for in-house counsel and
HR professionals.
Moderator: Guillermo A. Escobedo (San Diego)
Speakers: Betsy Johnson (Los Angeles) • Rafael G. Nendel-Flores (Orange County)
3. Everything I Need to Know About Ethics in the Workplace I Learned at the
Movies (CLE Ethics Credit Anticipated)
Join us for an interactive video session and a fun look at how many of the difficult situations
we face at work are already well-represented in the movies. This presentation provides
examples of ethical and legal dilemmas in the workplace and takes a lighthearted look at
how these situations have been addressed in film—and how they should be addressed
in real life. Our presenters will use classic movie scenes to introduce topics and encourage
the group to apply the principles reflected in the scenes to the ethical questions that
HR professionals and lawyers face in every employment arena.
Moderator: James C. Pennington (Birmingham)
Speakers: Michael H. Bell (Dallas) • Helen A. Palladeno (Tampa)
18
program agenda
4.Collective Bargaining—Seasoned Practitioners Share Their Tips
Negotiating collective bargaining agreements is a critically important process for
management, and effective negotiating requires a thorough understanding of the
collective bargaining process. Join our panel of experienced labor lawyers for an interactive
session discussing tips, strategies, and skills you can use to develop and implement effective
negotiation tactics. Learn valuable lessons from these labor practitioners as they share their
experiences and provide tips on preparing for negotiations, avoiding costly legal mistakes,
and using effective strategies at the bargaining table.
Moderator: Richard R. Parker (Nashville)
Speakers: Anthony B. Byergo (Seattle) • Robert W. Stewart (St. Louis)
5. What to Expect When You’re Expecting . . . to Be Deposed
In today’s society, employment litigation and the related discovery process have become costs
of doing business. And for HR professionals and decision-makers, having one’s deposition
taken at some point is almost inevitable. Knowing what to expect is critical. This interactive
session will cover common scenarios, challenges, and potential pitfalls of being deposed
and give attendees the tools they need to be prepared for that day they sit across the table
from plaintiffs’ counsel.
Moderator: David P. Thatcher (Atlanta)
Speakers: Robert R. Niccolini (Washington, D.C.) • Robin Banck Taylor (Jackson)
5:30 – 7:00 p.m.
Special Wrap Reception (Sponsored by Ogletree Deakins’ Compliance Solutions)—
“Sweet Home Chicago”
Slip on your pork pie hat and shades and get on down to the coolest hosted reception in town.
Celebrate the week’s end with friends, colleagues, Jake, and Elwood over hors d’oeuvres
and cocktails.
19
Post-Conference Interactive Sessions
Saturday, May 7, 2016
8:00 – 9:00 a.m.Breakfast and Roundtable Discussions
9:00 – 10:00 a.m.
Saturday Keynote Presentation: Getting to the Truth: Effective
Investigatory Interviews
Charles E. Price II, Managing Director, Risk & Compliance, MorganFranklin Consulting
Charlie Price is a veteran investigator, having served as a decorated FBI agent for almost three
decades. During that time, Mr. Price earned a national reputation for his prowess in the art of
conducting “interviews” during investigations and led numerous high-profile national and international
investigations. Join Mr. Price for an informative discussion of the central elements of a successful
interview and how these interview strategies can be applied to private sector corporate investigations
and even in daily workplace conversations.
10:00 – 10:15 a.m.Break
10:15 – 11:30 a.m.
Interactive Sessions
1.Resolving Issues in Your “Office Space”t 2
Join this session for an entertaining (and educational) look at common—and not so common—issues
that arise in the workplace, featuring clips from the popular film Office Space. Audience collaboration is
encouraged as we discuss improper documentation, what constitutes an adverse employment action,
how to effectively communicate work rules, and more.
Speakers: Michael D. Ray (Chicago) • Robert F. Seidler (Indianapolis)
2.Preserving the Privilege When the General Counsel or Employment Counsel Wears
Multiple Hats (CLE Ethics Credits Anticipated)
In-house counsel are increasingly taking on additional responsibilities, be it something as formal as
serving as an officer or director or as informal as assisting with business decisions or workplace
investigations. In-house counsel run the risk of waiving the attorney-client privilege if certain steps
are not taken in those formal and informal roles. Conversely, when used properly, the attorney-client
privilege and work product doctrine can be vital in defending a lawsuit. Join this interactive session
designed to assist in-house counsel in preserving the attorney-client privilege and protecting the
company.
Speakers: Paul Lancaster Adams (Philadelphia) • James F. Glunt (Pittsburgh)
Lauren Cohn, Senior Counsel-Employment Law, Walgreen Co.
3. The Dizzying Array of Paid Sick Leave Laws: How to Draft Compliant Policies
The growing number of state and local paid sick leave laws and ordinances can leave employers feeling
confused and overwhelmed. How do multistate employers handle compliance with paid sick leave laws
in their handbooks and policies? There are often two options: creating a separate sick leave policy in
each state and/or city or creating one PTO policy that incorporates all applicable state and/or city paid
sick leave laws. Join this session for an overview of the paid sick leave laws and a practical workshop
on how to draft policies to comply with all these laws.
Speakers: Michael R. Marra (New York City) • Christopher W. Olmsted (San Diego)
4.Homeward Bound: Legal and Practical Issues Arising From Telecommuting
Arrangements
If given the option, many employees would prefer to work from home sometimes—if not all the time.
Permitting these telecommuting arrangements raises a host of legal and practical issues, including
those relating to the ADA, workers’ compensation laws, OSHA, and more. This panel will examine
the most common issues and demonstrate how to craft effective working arrangements with your
homeward-bound employees.
Speakers: Ignacio J. Garcia (Tampa) • Katherine Dudley Helms (Columbia)
20
our special guest speakers
Charles A. Gonzalez
Julia Nesheiwat, Ph.D.
Steven Greenhouse
Philip A. Miscimarra
Former Member, U.S. House
of Representatives (D-TX)
Former labor and workplace
correspondent
The New York Times
Ray LaHood
Former U.S. Secretary of
Transportation and former Member,
U.S. House of Representatives (R-IL)
Lisa Madigan
Presidential Deputy Envoy
U.S. Department of State
Member
National Labor Relations Board
Lester Munson
Senior Writer and Legal Analyst
ESPN
Charles E. Price II
Attorney General
State of Illinois
Managing Director, Risk & Compliance
MorganFranklin Consulting
Rachel F. Barner
Linda M. Gadsby
Kim Metrick
Lauren M. Bruning
George F. Galland, Jr.
David J. Rittof
General Counsel-Enterprise Risk,
Corporate Solutions
JLL
Senior Counsel
Energizer Holdings, Inc.
Alejandro Caffarelli
Caffarelli & Associates
Andy Capone
Director of Labor Relations
ABC Supply Co., Inc.
Lauren Cohn
Senior Counsel-Employment Law
Walgreen Co.
Keith Chval
Vice President & Deputy
General Counsel
Scholastic Inc.
Miner, Barnhill & Galland, P.C.
President/CEO
Modern Management, Inc.
Dan R. Gallipeau, Ph.D.
Pamela G. Valderrama
Amy Grynol Gibbs
John C. Varga
President
Dispute Dynamics
Senior Counsel, Global-Labor,
Employment & Litigation
Dematic Group
Elizabeth S. Hendler
Principal
Protek International, Inc.
Vice President and
Chief Employment Counsel
Boston Scientific Corporation
Dana D. Deane
Cassie Kinney
Division Counsel-Litigation
Abbott Laboratories
Director and Managing Counsel,
Employment Law
Walgreen Co.
Litigation & Claims Manager
Life Care Services
Vice President,
Associate General Counsel
RR Donnelley
Employment Counsel
The Sherwin-Williams Company
Darlene A. Vorachek
Abrahamson Vorachek & Levinson
Christopher Williams
Workers’ Law Office, P.C.
Kathryn Woodward
Senior Labor and Employment Counsel
GE Healthcare
21
Program highlights
Wednesday, May 4, 2016
The Chicago Supper Club Experience (Benefiting Kids Off The Block)
Kick off the evening with an authentic Chicago experience. Enjoy dinner (featuring great local cuisine),
libations, and special entertainment at the unique Untitled Supper Club. While located just a few blocks
from the Marriott, the experience will take you back in time to the Chicago of old. Just by attending, you
will be supporting a deserving, local nonprofit dedicated to helping at-risk youth—Kids Off The Block.
Kids Off The Block
Kids Off The Block is a Chicago-based charitable organization dedicated to providing at-risk,
low-income youth, teenagers, and young adults positive alternatives to gangs, drugs, truancy, violence,
and the juvenile justice system. Kids Off The Block offers multi-service youth programming that
promotes good health, educational achievement, and personal and social growth.
Thursday, May 5, 2016
2016 Homer Deakins Service Award
Each year, Ogletree Deakins presents the Homer Deakins Service Award to recognize an individual
who, through selfless and courageous action, has given of themselves in order to help and inspire
others, demonstrating the true spirit of giving. Diane Latiker, the 2016 Homer Deakins Service Award
recipient, founded Kids Off The Block, Inc. in 2003 from her home in Chicago’s Roseland community.
She will be honored in a moving presentation on Thursday morning. You don’t want to miss it!
Hosted Reception: Taking It Breezy in the Windy City
Chicago may earn its “Windy City” nickname when the cold weather strikes, but its residents are famous
for having a great time when the weather turns warmer. Come join your friends and colleagues for
cocktails and a great sampling of hors d’oeuvres from our host city.
Friday, May 6, 2016
Special Wrap Reception (Sponsored by Ogletree Deakins’
Compliance Solutions)—“Sweet Home Chicago”
Slip on your pork pie hat and shades and get on down to the coolest hosted reception in town.
Celebrate the week’s end with friends, colleagues, Jake, and Elwood over hors d’oeuvres and cocktails.
22
detailed registration information
Date
Hotel Reservations
Thursday and Friday
May 5-6, 2016
Hotel reservations can be made by calling the Chicago Marriott
Downtown Magnificent Mile directly at (877) 303-0104 and
requesting the Ogletree Deakins Workplace Strategies seminar
rate of $235 per night. You can also use the Chicago Marriott’s
reservation portal from our Seminars and Events page at
www.ogletreedeakins.com. The hotel block is limited, so please
make your reservations as soon as possible. A credit card is
required to guarantee each reservation. The special room rate is
guaranteed until April 12, 2016, or until the room block is sold out
(whichever occurs first).
Pre-Conference “Immersion” Sessions (May 4)
Post-Conference “Interactive” Sessions (May 7)
Location
Chicago Marriott Downtown Magnificent Mile
540 North Michigan Avenue
Chicago, Illinois 60611
(312) 836-0100
www.marriott.com
Cancellation Policy
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.
Cost
$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)
CLE Information
Please email any CLE-related questions to
[email protected].
Group Rates
Contact us for information regarding
special group rates.
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.
Please let us know if you require any
special meals, services, or accommodations.
to register
Online
www.ogletreedeakins.com
Workplace
S t r a t e g i es
®
2016 • Chicago Marriott Downtown
Magnificent Mile
Phone
(866) 964-6303
Email
[email protected]
23
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www.ogletreedeakins.com
Workplace
S t r a t e g i es
®
2016 • Chicago Marriott Downtown
Magnificent Mile