the Be Change 2017 Annual Convention June 21–24, 2017 San Antonio Marriott Rivercenter San Antonio, TX From June 21–24, 2017, the San Antonio Marriott Rivercenter will be the home of NELA’s 2017 Annual Convention, Be The Change. Join us in San Antonio, Texas, as we come together and recommit ourselves to advancing employee rights and advocating for equality and justice in the American workplace. The Annual Convention is an exceptional opportunity to charge your batteries, sharpen your skills, and expand your network of colleagues—all of which are more important than ever. Be Inspired NELA is proud to honor four beacons of justice and courage at the 2017 Annual Convention. The opening plenary session, “‘Be The Change: Honoring Courageous Plaintiffs,” will bring to life the stories of three remarkable individuals who stood up to their employers and held their ground in the face of immense adversity, not only to vindicate their own rights, but to improve the lives of others as well. While employed by oil giant Schlumberger, Juan Alonzo-Miranda, a combat veteran who served three tours of duty in Iraq, sought an ADA accommodation to bring a trained service animal to work in order to mitigate the effects of Post-Traumatic Stress Disorder (PTSD). Mr. Alonzo-Miranda’s case was the first jury trial in the country to address this issue, and his victory set a powerful precedent for the accommodation of veterans with PTSD and educating others about the value of service animals. Yosif Bakhit, a Sudanese immigrant who was granted political asylum in the United States and later became a U.S. citizen, was subjected to severe and pervasive racial discrimination at Safety Marking by his co-workers and supervisors, while his complaints about such illegal conduct were ignored. A Connecticut jury awarded Mr. Bakhit and his co-plaintiff a record-setting $3.4 million total verdict, exclusive of attorney’s fees and costs. Mr. Bakhit’s case not only improved the policies and practices at Safety Marketing, but positively affected the entire construction industry. Gretchen Carlson, former news anchor at Fox News, brought a sexual harassment lawsuit against past Fox News Chairman and CEO Roger Ailes, only to have Fox News attempt to hide behind a forced arbitration provision. As a result of her experience, Ms. Carlson has become a prominent national voice in the fight against forced arbitration, stating “It is a huge problem. Because it’s secret.” NELA proudly celebrates each of our honorees and their advocates for their perseverance and strength, which inspire all of us to continue the fight for equality and justice in the American workplace. After 27 years of incomparable service, NELA Executive Director Terisa E. Chaw will retire in July 2017. From her first days as the lone, part-time employee of NELA to now managing nine staff members, offices on two coasts, robust advocacy programs and member services, an Annual Convention with over 500 participants, and our sister organization, The Employee Rights Advocacy Institute For Law & Policy (The Institute), Teri has been our leader and inspiration. She has poured her heart and soul into NELA and The Institute, ensuring that each will continue to bring positive change to the American workplace for years to come. We are delighted to recognize Teri’s commitment and achievements during our Annual Gala Fundraiser, Simply The Best, on Friday, June 23. Join us for an evening of joy and gratitude while dancing the night away in celebration of Teri and all that she has done for the NELA and Institute family. 1 Be Informed NELA’s 2017 Annual Convention Committee Looks Inspired and refreshed, you will also be called into action as an agent of change. In addition to honoring our Courageous Plaintiffs, the Convention will feature plenary sessions on “Let’s Get To Work! Defending & Advancing Employee Rights,” “Because ‘Cause’ Matters: Causation Under Federal & State Employment Discrimination Laws,” and the indispensable “Year In Review: Significant Developments In Employment Law.” Dedicated program tracks on Discovery, Trial Advocacy, Representing Vulnerable & Underserved Workers, and for New Lawyers (and lawyers new to the practice of plaintiffs’ employment law) will help you identify sessions that are directly relevant to your practice. Beyond the program tracks, other cutting-edge substantive law and practical skills presentations will cover a diverse range of topics, including defeating summary judgment, creative settlement terms, maximizing damages, national origin discrimination, defining employment relationships in the 21st century, and many others. Be The Change Together with NELA, your advocacy—each client, each case, and each fight for equality—is amplified by the over 4,000 NELA and Affiliate members who share your passion for justice. We hope to see you in San Antonio to “Be The Change” that will build a stronger future for workers across the country. President’s Welcome Reception Wednesday, June 21, 2017 6:30–8:00 p.m. Convention participants are invited to join NELA President Alicia K. Haynes, the NELA Executive Board, and the 2017 Annual Convention Committee for an informal gathering to celebrate 32 years of employee rights advocacy, renew friendships, and make new ones. First-time Convention participants are especially encouraged to attend. The President’s Welcome Reception is generously co-sponsored by AARP Foundation Litigation and the Texas Employment Lawyers Association. Forward To Welcoming You To San Antonio! Co-Chairs Kelly Brandon Daniel B. Kohrman Susan D. Motley Bryce W. Ashby Terisa E. Chaw Joseph D. Garrison Karla Gilbride Charles E. Guerrier Matthew C. Koski Matthew Lango Karen Maoki Rachhana T. Srey New Lawyers Track Subcommittee Bryce W. Ashby Terisa E. Chaw Charles E. Guerrier Matthew Lango Susan D. Motley Representing Vulnerable & Underserved Workers Track Subcommittee Rachel M. Bien Justin D. Cummins Brendan Donelon Gilda “Jill” Hernandez Laura L. Ho Daniel A. Katz David L. Kern Matthew C. Koski Rachhana T. Srey Meredith Stewart Justin M. Swartz Marni Willenson 2017 Annual Convention Sponsors* AARP Foundation Litigation Bloomberg BNA Documation, LLC Haynes & Haynes, PC Hill & Associates, PC Kazan McClain Partners’ Foundation, Inc. King & Greisen, LLP Law Offices of David L. Lee LexisNexis Publishing Salawdeh Law Office, LLC San Antonio Marriott Rivercenter Schall & Barasch, LLC Texas Employment Lawyers Association The Employee Rights Advocacy Institute For Law & Policy Tobias, Torchia & Simon Webster & Fredrickson, PLLC 2017 Annual Convention Exhibitors* Comments From NELA’s 2016 Annual Convention Participants This was my first NELA event. I enjoyed it and learned a lot. Best NELA Convention so far. I had a great time and look forward to an awesome Convention next year. Great materials by the speakers for my sessions. Great job done by all. It is invaluable to have all the materials, especially for the concurrent sessions that I wasn’t able to attend. Bloomberg BNA CaseFleet Firmidable HSNO, The Forensic Firm Kurtzman Carson Consultants, LLC LeadRival Millennium Settlements, Inc. Simpluris, Inc. Texas Employment Lawyers Association The Employee Rights Advocacy Institute For Law & Policy The Settlement Alliance Gillian Thomas, Author Of Because of Sex Thrivest, Legal and Specialty Finance Company *As of March 8, 2017. 2 2017 Annual Convention Keynote Speaker The Honorable Kevin H. Sharp Annual Luncheon Thursday, June 22, 2017 12:15–1:45 p.m. “Having worked in all three branches of government ... I have witnessed the dedication and sacrifice of the men and women who have chosen to put country above self. They have inspired me, and, I hope, made me a better citizen.” —The Honorable Kevin H. Sharp, Chief Judge U.S. District Court for the Middle District of Tennessee NELA is privileged to welcome the Honorable Kevin H. Sharp to this year’s Annual Convention. A former NELA member, Judge Sharp was nominated on November 17, 2010 by President Barack Obama for the U.S. District Court for the Middle District of Tennessee. He was confirmed by Congress on May 2, 2011 by a vote of 89–0. Judge Sharp will leave the bench this April to return to his roots as a plaintiffs’ employment lawyer to head the Nashville office of Sanford Heisler LLP, one of the nation’s preeminent civil rights and public interest law firms. Prior to joining the bench, Judge Sharp was a partner in a law firm he founded in Nashville, Drescher & Sharp PC. Before that, he spent a majority of his legal career at Stokes Bartholomew Evans & Petree PA. Judge Sharp was also an attorney in the U.S. Congress’ Office of Compliance from 1996 to 1997, and served in the Navy from 1982 to 1986. He received his law degree in 1993 from Vanderbilt Law School, and an undergraduate degree in 1990 from Christian Brothers College. In his resignation letter to President Donald J. Trump, Judge Sharp wrote: “In 2011, President Obama placed his trust in me. It has been my great honor to serve this nation and the citizens of Tennessee as a federal judge. As I return to private practice, I will continue to support and defend the Constitution of the United States of America.” Judge Sharp “is known as a fair and thorough and conscientious jurist, extremely smart, extremely diligent, he cares about people who come before him,” as described by David Sanford, Chairman and co-founder of Sanford Heisler, LLP. Judge Sharp will be introduced by NELA Executive Board Member and Secretary Wade B. Cowan. Guest Tickets Guest tickets for NELA’s Annual Luncheon and Annual Reception are available for purchase. Please note that if you are a Convention participant, your registration fee includes these events for you only. See page 17 to purchase guest tickets. Cancellation & Refund Policy All cancellations for the Convention must be submitted in writing to NELA (sorry, no exceptions). Registrants who cancel in writing on or before June 2, 2017 will receive a refund minus a $50 administrative charge. Those who cancel after this date and no-show registrants will not receive a refund, but will have access to the online Convention Manual. Convention Attire NELA Conventions are known for their easy, informal, and casual attire. While there is no formal dress code, participants generally dress in casual to business casual attire. Convention participants and their guests are encouraged to come as they wish. Because room temperatures can change, a light jacket or sweater is highly recommended. 3 Full Convention Registration Fee The early-bird registration fee for the Convention is $675 for NELA members and $950 for non-members. Registration forms must be postmarked, received via facsimile or email, or completed online on or before May 12, 2017 to qualify for the early-bird rate. From May 13 to June 9, 2017 the registration fee is $775 for NELA members and $1,000 for non-members. Registration after June 9, 2017 and on-site (subject to space availability) is $875 for NELA members and $1,075 for non-members. A reduced fee of $575 is available to NELA members who are paralegals or staff attorneys of legal services, public interest, and government organizations and whose registration forms are postmarked on or before June 9, 2017; after June 9, 2017 and on-site this fee is $625. A special rate of $350 will be offered to NELA Law Student Members. The full registration fee includes admission to all plenary and concurrent sessions, the online Convention Manual, Wi-Fi in meeting rooms, three continental breakfasts, refreshment breaks, a box lunch, NELA’s Annual Luncheon, and Annual Reception. Daily Convention Registration Fee Daily registration for one or two days of the Convention is available only to NELA members. The daily registration fee for Thursday, June 22 and Friday, June 23 is $450 per day; the daily registration fee for Saturday, June 24 is $375. Daily registration fees include admission to the plenary and concurrent sessions for the registered day(s), the online Convention Manual, Wi-Fi in meeting rooms, and all scheduled food functions for the registered day(s). Attendance at the Convention on a daily registration basis will be strictly enforced. Payment Registration fees, guest tickets (Annual Luncheon and Annual Reception), 2017 Annual Convention Program Guide advertisements/greetings, and sponsorships and tickets for NELA’s Gala Fundraiser, Simply The Best, may be paid by check made payable to the National Employment Lawyers Association, or by credit card (American Express, Discover Card, MasterCard, or VISA). You may also register for the Convention online at www.nela.org. Please note that only those individuals who register on or before June 2, 2017 will be listed in the printed version of the “Directory of Convention Participants” and receive a pre-printed name badge. Registration Confirmation Receipt of registration forms will be confirmed via email for individuals who provide a valid email address, otherwise confirmations will be sent via facsimile. Continuing Legal Education NELA has requested continuing legal education credit for the Convention in applicable states. This activity qualifies for 12.75 hours (based on 60 minutes) of Minimum Continuing Legal Education credit, of which 1.25 hours will apply to the elimination of bias, and 1.25 to legal ethics. NELA certifies that this activity conforms to the standards for approved activities prescribed by the rules and regulations of the State Bar of California governing minimum continuing legal education. NELA is an approved continuing legal education provider in California, Oklahoma, Pennsylvania, South Carolina, and Vermont. To contact your CLE administrator for more information about your local rules, please visit www.clereg.org/index.asp. Hotel Accommodations NELA has reserved a limited block of rooms at the San Antonio Marriott Rivercenter, the host hotel for the Annual Convention. The rate is $194 for single/ double occupancy (plus applicable state and local taxes). San Antonio The Marriott Rivercenter is located at 101 Bowie Street in San Antonio, TX. To make hotel reservations, call the hotel directly at (210) 223-1000 or Marriott Reservations at (800) 648-4462. To ensure you receive the group rate, identify yourself as part of the “National Employment Lawyers Association” room block. A credit card or deposit equal to one night’s stay is necessary to guarantee hotel reservations. You may also make your reservations online at https://aws.passkey.com/e/48984849. Reservations must be made no later than 5:00 p.m. (Central) on Sunday, June 4, 2017, in order to receive the group rate. The group rate will be honored three days prior to and after the program dates based on availability. For information about the San Antonio Marriott Rivercenter’s guest services, including its fitness center, pool, and amenities, please contact the hotel directly or visit the hotel’s website. NELA is committed to utilizing socially responsible venues for our events and works closely with the Informed Meetings Exchange (INMEX) to find locations that respect the communities, the workers, and the environment in which they operate. 2017 Annual Convention Program Guide NELA members and supporters are invited to place an advertisement or a greeting in the 2017 Annual Convention Program Guide. Advertisements or greetings must be received by NELA no later than Friday, May 12, 2017. Champion, Defender, and Advocate Members receive a 10% discount on a full-page ad. Details are provided on page 18 of the Convention brochure. 4 NELA’s Online 2017 Annual Convention Manual The written materials for the Convention will be offered in electronic format via online download. Wi-Fi will be available in all plenary and concurrent session meeting rooms at the San Antonio Marriott Rivercenter, but we encourage you to bring your laptop or tablet with your Convention materials pre-loaded as doing so will expedite your access to the materials. All registered participants will be able to access the online Convention Manual before, during, and after the program. This format allows you access to the latest information, whether you are in the office or traveling. It also enables you to review the written materials prior to the Convention in order to maximize your learning experience. Please note that a valid email address must be provided in order to receive the online Convention Manual. u Prior to the Convention, registered participants will receive an email announcing when the online Convention Manual is available for download. You may print the written materials out in advance at your convenience. The Convention Manual will be posted online and available for download by 5:00 p.m. Pacific on Monday, June 5, 2017. The email announcement will refer you to a link to a secure area on NELA’s website to review and download the Manual. u On-site, you may use the Wi-Fi in your guest room and the Convention’s plenary and concurrent session meeting rooms to download the written materials. In addition, you may visit the hotel’s business center to print the materials (at your own expense). u After the Convention, the Convention Manual (including supplemental materials and PowerPoint® presentations received after the Convention) will be available online to registered participants for a limited time, enabling you to continue accessing the Convention’s written materials after you return to your office. Hard copies of the online Convention Manual will not be provided, so be sure to bring your printed copy if you wish to use it for taking notes. Visit www.nela.org for the answers to “Frequently Asked Questions” (FAQs) about NELA’s eco-friendly CLE Programs. Production of the 2017 Annual Convention Manual is generously sponsored by LexisNexis. Purchasing The Online Annual Convention Manual & Audio Recordings The online Convention Manual will be available for purchase after the Annual Convention for $250 per copy for NELA members and $400 for non-members. To order, please visit the NELA Bookstore at www.nela.org/bookstore. Hungry Mind Recordings will professionally record the Convention’s plenary and concurrent sessions. Individual audio CDs and MP3 files will be available for purchase at the Convention. Audio recordings and accompanying written materials of all plenary and concurrent sessions will be available for online purchase at www.nela.org after the Convention. Program Tracks Discovery Trial Advocacy ESI On A Shoestring Budget Title VII & The Equal Pay Act: Dynamic Duo When Challenging Impact Analysis: When To Use It & The Statistics To Support It Tweeting & Snapping: What You Need To Know About Preserving, Discovering & Using Social Media What To Do When Clients Access Employer Documents Outside The Formal Discovery Process New Lawyers Sex Discrimination In Compensation Witness Interviewing, Examination & Lie Spotting Rules Of The Road: A Map For Plaintiffs’ Employment Lawyers Maximizing Damages In Civil Rights Cases Mosaics & Motivating Factors: Unshackling Summary Judgment From McDonnell Douglas Starting Out: Basic Skills Training For New Lawyers Representing Vulnerable & Underserved Workers Preparing For Your First Deposition Representing Guest Workers In Civil Litigation Valuing Your Case & Persuading Others That You Are Right Top Ten Things You Need To Know About Litigating Wage & Hour Cases Top 10: A New Lawyer’s Guide To Preparing A Plaintiff For Her Deposition Creative, Cost-Effective Advocacy In Low-Wage, Immigrant & Undocumented Worker Cases Successfully Managing Large Cases 5 Simply The Best NELA’s 2017 Annual Gala Fundraiser Honoring Teri Chaw Friday, June 23, 2017 7:30–11:00 p.m. San Antonio Marriott Rivercenter Teri Chaw is our “BEDA”—the best executive director in America! —Paul H. Tobias, NELA Founder For 27 years, Executive Director Teri Chaw has been the heart and soul of NELA. As our greatest champion, she has had a positive impact on thousands of employee rights advocates, the field of plaintiffs’ employment law, and the American workplace. Teri has dedicated herself to building NELA into a strong and vital organization. She has expanded our influence in Washington, DC and across the country, and has cultivated a vibrant and forward-looking community of colleagues, friends, and allies. And, she is always reminding us to never give up. When Teri retires in July 2017, she leaves behind a legacy of excellence and integrity, upholding herself and those around her to the highest ideals for which NELA and our sister organization, The Employee Rights Advocacy Institute For Law & Policy (The Institute), stand. Simply The Best. After dinner on your own, we will gather for dessert on the evening of Friday, June 23 to say thank you and good-bye to NELA’s leader and inspiration. Simply The Best will include a brief program recognizing Teri’s achievements followed by a night of live music and dancing featuring the Bad Funky Please join the NELA and Institute family for an unforgettable farewell celebration honoring Teri at NELA’s 2017 Annual Gala Fundraiser, Bones, San Antonio’s renowned Motown, Soul, and Funk Band. We welcome your support of NELA’s 2017 Annual Gala Fundraiser, which harnesses the power of NELA in the fight for equality and justice in the American workplace. As a sponsor of Simply The Best, you will amplify NELA’s voice in our nation’s capital and courtrooms across the country. Proceeds from the Gala fuel NELA’s Amicus, Judicial Nominations, and Legislative & Public Policy Programs, including the initiatives of our Washington DC Office. At a time when civil and workers’ rights are gravely imperiled, it is more important than ever that we stand together to defend and protect the rights of America’s workers. NELA aggressively opposes threats to a fair and just workplace, as well as the appointment of federal judges whose professional record demonstrates antipathy to equal justice under law and employee rights. Among other benefits, sponsors of Simply The Best will be recognized in the Commemorative Gala Fundraiser Program, NELA’s 2017 Annual Convention Program Guide, and on the Gala Fundraiser Sponsor Board at the Convention. Pre-event sponsors will be listed in the invitation if your sponsorship pledge is received by Monday, April 24, 2017. Sponsorships are tax-deductible as a business expense (advertising). For full sponsorship opportunities, benefits, and pre-event tickets, please see pages 7–8 of this brochure. Fundraising Committee Co-Chairs Patricia A. Barasch Barry Goldstein Amy L. Coopman Mark Hammons, Sr. Katherine L. Butler Terisa E. Chaw Wade B. Cowan Amanda A. Farahany Bruce A. Fredrickson Randolph H. Freking Alicia K. Haynes Thomas J. Henderson Leah A. Hofkin James H. Kaster Elizabeth A. Rodgers Rebecca L. Salawdeh Imre Stephen Szalai 6 Simply The Best NELA’s 2017 Annual Gala Fundraiser Honoring Teri Chaw Friday, June 23, 2017 7:30–11:00 p.m. San Antonio Marriott Rivercenter Please join NELA for our 2017 Annual Gala Fundraiser, Simply The Best, as we honor retiring Executive Director Terisa E. Chaw while advancing equality and justice in the American workplace. As a Gala sponsor, you will fuel NELA’s Amicus, Judicial Nominations, and Legislative & Public Policy Programs, including the initiatives of our Washington DC Office. Sponsorship Opportunities Benefactor: $10,000 and above u Confirmation, An HBO Original Film With Kerry Washington As Anita Hill (DVD With Digital Copy, 2016) u We Are The Change We Seek: The Speeches Of Barack Obama, Edited By E.J. Dionne Jr. and Joy-Ann Reid (2017) u 10 tickets to and reserved premium seating at NELA’s 2017 Annual Gala Fundraiser u Full-page ad in the 2017 Annual Convention Program Guide (Value $550) u Full-page ad and Benefactor listing in the Commemorative Gala Fundraiser Program u Benefactor listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention Founder’s Circle: $5,000 u We Are The Change We Seek: The Speeches Of Barack Obama, Edited By E.J. Dionne Jr. and Joy-Ann Reid (2017) u 10 tickets to and reserved premium seating at NELA’s 2017 Annual Gala Fundraiser u Full-page ad in the 2017 Annual Convention Program Guide (Value $550) u Full-page ad and Founder’s Circle listing in the Commemorative Gala Fundraiser Program u Founder’s Circle listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention President’s Cabinet: $2,500 u 10 tickets to and reserved premium seating at NELA’s 2017 Annual Gala Fundraiser u Half-page ad in the 2017 Annual Convention Program Guide (Value $375) u Full-page ad and President’s Cabinet listing in the Commemorative Gala Fundraiser Program u President’s Cabinet listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention Advocate: $1,000 u 5 tickets (unreserved seating) to NELA’s 2017 Annual Gala Fundraiser u Quarter-page ad in the 2017 Annual Convention Program Guide (Value $225) u Half-page ad and Advocate listing in the Commemorative Gala Fundraiser Program u Advocate listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention Partner: $500 u 3 tickets (unreserved seating) to NELA’s 2017 Annual Gala Fundraiser u Quarter-page ad and Partner listing in the Commemorative Gala Fundraiser Program u Partner listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention Supporter: $250 u 2 tickets (unreserved seating) to NELA’s 2017 Annual Gala Fundraiser u Eighth-page ad and Supporter listing in the Commemorative Gala Fundraiser Program u Supporter listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention Friend: $100 u 1 ticket (unreserved seating) to NELA’s 2017 Annual Gala Fundraiser u Friend listing in the Commemorative Gala Fundraiser Program u Friend listing in the Gala invitation, in NELA’s e-weekly newsletter, on NELA’s website, and on the Gala Fundraiser Sponsor Board at the 2017 Annual Convention Your support is tax-deductible as a business expense (advertising). To be included in the invitation and all promotional communications, we will need your pledge form no later than Monday, April 24, 2017. For more information, please contact Leah A. Hofkin, Director of Development (Tel: (415) 296-7629; Email: [email protected]). 7 Simply The Best NELA’s 2017 Annual Gala Fundraiser Honoring Teri Chaw Friday, June 23, 2017 7:30–11:00 p.m. San Antonio Marriott Rivercenter Sponsorship Pledge Form YES! I wish to support NELA’s advocacy initiatives to advance equality and justice in the American workplace as a sponsor of Simply The Best, NELA’s 2017 Annual Gala Fundraiser at the following sponsorship level: m Benefactor: $10,000 and above m Advocate: $1,000 m Founder’s Circle: $5,000 m Partner: $500 m President’s Cabinet: $2,500 m Supporter: $250 m Friend: $100 Name Firm/Organization Address Address CityState Zip TelephoneFax Email Please list my/firm’s/organization’s name as: m Bill me. Please send me an invoice in May. m I wish to pay now by: Individual Ticket(s) at $75 each (quantity) m Check: Payable to the National Employment Lawyers Association m Credit Card: American Express m I cannot participate as a sponsor, but would like to purchase: Public Interest Ticket(s) at $50 each (Available to Legal Services/Public Interest/ Government Organizations) (quantity) m DiscoverCard m MasterCard m VISA $ Total Amount Name On Card Card Number Expiration DateCVV CodeSignature Billing Address Your support is tax-deductible as a business expense (advertising). To be included in the invitation and all promotional communications, we will need your pledge form no later than Monday, April 24, 2017. For more information, please contact Leah A. Hofkin, Director of Development (Tel: (415) 296-7629; Email: [email protected]). Please return to: National Employment Lawyers Association Tel: (415) 296-7629 n n 2201 Broadway, Suite 402 Fax: (866) 593-7521 n www.nela.org n n Oakland, CA 94612 [email protected] 8 Descriptions of the presentations can be found on www.nela.org. #NELA17 Program subject to change without notice. PROGRAM AT-A-GLANCE WEDNESDAY, JUNE 21, 2017 9:00–10:00 a.m. 2017 Affiliate Leadership Workshop Registration & Networking Breakfast (By Invitation Only) 10:00 a.m.–5:00 p.m. 2017 Affiliate Leadership Workshop & Forum (By Invitation Only) 12:00–8:00 p.m. 2017 Annual Convention Registration 2:00–3:30 p.m. NELA Committee & Practice Group Chairs Meeting (By Invitation Only) 5:00–6:15 p.m. Social Justice Lawyering: From Law Student To Employee Advocate Moderator: Elizabeth Colman, Paul H. Tobias Attorney Fellow Speakers: Bill Beardall, Sarah E. Donaldson & William R. Tamayo This presentation is co-sponsored by The Employee Rights Advocacy Institute For Law & Policy; Haynes & Haynes, PC; King & Greisen, LLP; Law Offices of David L. Lee; Salawdeh Law Office, LLC; Schall & Barasch, LLC; and Webster & Fredrickson, PLLC. Please note that separate registration is required for this event and does not include registration for the Annual Convention. 6:30–8:00 p.m. President’s Welcome Reception Convention participants are invited to join NELA President Alicia K. Haynes, the NELA Executive Board, and the 2017 Annual Convention Committee for an informal gathering to celebrate 32 years of employee rights advocacy, renew friendships, and make new ones. First-time Convention participants are especially encouraged to attend. The President’s Welcome Reception is generously co-sponsored by AARP Foundation Litigation and the Texas Employment Lawyers Association. THURSDAY, JUNE 22, 2017 7:00–9:00 a.m. 2017 Annual Convention Registration Continental Breakfast Continental breakfast is available to Convention registrants only. 8:30–9:30 a.m. Roll Call Of The States & Opening Remarks Paul H. Tobias, NELA Founder, Alicia K. Haynes, NELA President & Terisa E. Chaw, NELA Executive Director 9:30–11:00 a.m. Be The Change: Honoring Courageous Plaintiffs Moderator: Alicia K. Haynes Honorees: Juan Alonzo-Miranda, Yosif Bakhit & Gretchen Carlson Advocates: Lewis Chimes, John W. Griffin & Martin S. Hyman 11:00–11:15 a.m. BREAK 9 11:15 a.m.–12:15 p.m. Let’s Get To Work! Defending & Advancing Employee Rights Moderator: Daniel B. Kohrman Speakers: Katherine L. Butler, The Honorable Jenny R. Yang & Mariko Yoshihara 12:15–1:45 p.m. Annual Luncheon & Keynote Address By The Honorable Kevin H. Sharp The Annual Luncheon is included in the registration fee for Convention registrants only. Guest tickets for the Annual Luncheon may be purchased at the Registration Booth or at the door. 2:00–3:15 p.m. CONCURRENT SESSIONS Discovery ESI On A Shoestring Budget Moderator/Speaker: Brian E. Koncius Speakers: Enrique Chavez, Jr. & Ariana J. Tadler New Lawyers Starting Out: Basic Skills Training For New Lawyers Moderator/Speaker: Susan D. Motley Speakers: Phillis h. Rambsy & Hunter A. Swain Trial Advocacy Title VII & The Equal Pay Act: Dynamic Duo When Challenging Sex Discrimination In Compensation Moderator/Speaker: Deborah Marcuse Speakers: David Sanford & David E. Schlesinger Representing Vulnerable Representing Guest Workers In Civil Litigation & Underserved Workers Moderator: Michelle Lapointe Speakers: Javier Riojas & Christopher M. Willett Ten Rules For A Successful Mediation Moderator/Speaker: Dana L. Sullivan Speakers: Allen S. Blair & Michael L. Russell “Was It Something I Said, Or Just Who I Am?”: Hiring Discrimination Issues Under Title VII, The ADEA & ADA Moderator: Dara S. Smith Speakers: P. David Lopez & Marni Willenson 3:15–3:30 p.m. BREAK 3:45–5:00 p.m. CONCURRENT SESSIONS Discovery Impact Analysis: When To Use It & The Statistics To Support It Moderator/Speaker: Bruce B. Elfvin Speakers: Adam T. Klein, Kathleen K. Lundquist, Ph.D. & Candis A. McGowan Trial Advocacy Witness Interviewing, Examination & Lie Spotting Moderator: Ethan Levin-Epstein Speaker: Philip A. Mullenix The Practicalities Of Litigating In Arbitration Moderator/Speaker: Daniel M. Klein Speakers: Kathryn Burkett Dickson & Shannon Liss-Riordan Defining “Employment” Relationships In The 21st Century Moderator/Speaker: Justin D. Cummins Speakers: Robert A. Canino & Catherine K. Ruckelshaus Not Just Plain Vanilla: Creative Settlement Terms In Employment Disputes Moderator/Speaker: Wayne N. Outten Speakers: Sheila Engelmeier & Margo Hasselman Greenough The ADEA At 50: Opportunities, Challenges & The Need For Reform Moderator/Speaker: Laurie A. McCann Speakers: Dennis E. Egan & Cathy Ventrell-Monsees 6:00–7:30 p.m. Annual Reception The Annual Reception is included in the registration fee for Convention registrants only. Guest tickets for the Annual Reception may be purchased at the Registration Booth or at the door. 10 FRIDAY, JUNE 23, 2017 7:00 a.m. Tobias 5K Run Participants are requested to meet in the lobby of the Marriott San Antonio Rivercenter at 6:45 a.m. 7:00–9:00 a.m. 2017 Annual Convention Registration Continental Breakfast Continental breakfast is available to Convention registrants only. 9:00–10:15 a.m. Because “Cause” Matters: Causation Under Federal & State Employment Discrimination Laws Moderator: Mary Anne Sedey Speakers: Alice W. Ballard, Paul W. Mollica & Gillian Thomas 10:15–10:30 a.m. BREAK 10:45 a.m.–12:00 p.m. CONCURRENT SESSIONS Discovery Tweeting & Snapping: What You Need To Know About Preserving, Discovering & Using Social Media Moderator/Speaker: Heather Newsom Leonard Speakers: Lynne Bernabei & Peter Sung Ohr Trial Advocacy Rules Of The Road: A Map For Plaintiffs’ Employment Lawyers Moderator/Speaker: Brian P. Sanford Speakers: Amanda A. Farahany & William B. Ryan Representing Vulnerable Top Ten Things You Need To Know About Litigating Wage & Hour Cases & Underserved Workers Speakers: Richard J. (Rex) Burch & Michele R. Fisher Where Are They Now? How Lower Courts Are Applying Recent U.S. Supreme Court Employment Decisions Moderator: Leonard Bates Speaker: Professor Scott A. Moss Money, Money, Money: How To Deal With Defendant’s Financial Condition Pre & Post Bankruptcy Moderator: Daniel A. Katz Speakers: Bonnie L. Clair, Reena I. Desai & Joseph Kenyon Problem Solving While Record Building: Guiding A Client Through The Interactive Process Moderator: Mary E. Kelly Speakers: John A. Beranbaum & Lorrie McKinley 12:00–1:45 p.m. Box Lunch Box lunch is available to Convention registrants only. NELA Members Forum: Be The Change! “I am asking you to believe. Not in my ability to bring about change – but in yours.” —President Barack Obama, January 10, 2017 Join NELA President Alicia K. Haynes, the NELA Executive Board, and NELA Staff to talk about how NELA members, NELA Affiliates, NELA Affiliate members, and our coalition partners are responding to the challenges in defending the progress our country has made on civil and workers’ rights, and our collective efforts to bring about positive change in the American workplace. NELA Committee & Practice Group Meetings Convention participants are welcome to attend the committee and practice group meetings of their choice. 2:00–3:15 p.m. CONCURRENT SESSIONS Discovery What To Do When Clients Access Employer Documents Outside The Formal Discovery Process Moderator/Speaker: Ellen J. Messing Speakers: Tylden Shaeffer & Jason M. Zuckerman This presentation qualifies for 1.25 hours of ethics credits. 11 New Lawyers Preparing For Your First Deposition Moderator/Speaker: Marcus G. Keegan Speakers: Jennifer Lin Liu & Kate Sedey Trial Advocacy Maximizing Damages In Civil Rights Cases Moderator: Carla D. Brown Speakers: Hal K. Gillespie, Jan Sawyer & Brooke Timmer Representing Vulnerable Creative, Cost-Effective Advocacy In Low-Wage, Immigrant & Undocumented Worker Cases & Underserved Workers Moderator/Speaker: Bryce W. Ashby Speakers: M. Nieves Bolanos & Aaron Johnson Getting The Hint: Moving Implicit Bias Theory From The Classroom To The Courtroom Moderator/Speaker: Thomas A. Newkirk Speakers: Walt Auvil, Kathleen M. Cahill & The Honorable Bernice B. Donald This presentation qualifies for 1.25 hours of elimination of bias credit. Good Faith & Fair Dealing Moderator/Speaker: Joseph D. Garrison Speakers: Mark Hammons, Sr. & Deborah H. Karpatkin 3:15–3:30 p.m. BREAK 3:45–5:00 p.m. CONCURRENT SESSIONS New Lawyers Valuing Your Case & Persuading Others That You Are Right Moderator/Speaker: Charles E. Guerrier Speakers: Robert (“Bobby”) Lee & Shirley Lin Representing Vulnerable Successfully Managing Large Cases & Underserved Workers Moderator/Speaker: Rachel M. Bien Speakers: Lindsay Nako & Rachhana T. Srey Introduction To Reasonable Accommodations Under The ADA & Leave Requests Under The FMLA Moderator/Speaker: Darcie R. Brault Speakers: William Bush & Thomas J. Crane Arbitration Case Law Update Moderator/Speaker: Karla Gilbride Speakers: L. Steven Platt & Karen Roberts Washington Settlement Of Federal Employee Claims Moderator/Speaker: David Weiser Speakers: Michelle F. Bercovici & Susan E. Jewell Current Issues In National Origin Discrimination Litigation Moderator/Speaker: Rebecca L. Salawdeh Speakers: A. Steven Porter & William R. Tamayo 7:30–11:00 p.m. NELA’s Annual Gala Fundraiser | Simply The Best After 27 years, Executive Director Teri Chaw will be retiring in July 2017. As our greatest champion, she has had a positive impact on thousands of employee rights advocates, the field of plaintiffs’ employment law, and the American workplace. After dinner on your own, please join the NELA and Institute family for an unforgettable farewell celebration honoring Teri at NELA’s 2017 Annual Gala Fundraiser, which fuels NELA’s Amicus, Judicial Nominations, and Legislative & Public Policy Programs, including the initiatives of our Washington DC Office. Simply The Best will feature a brief program recognizing Teri’s achievements followed by a night of live music and dancing starring the Bad Funky Bones, San Antonio’s renowned Motown, Soul, and Funk Band. 12 SATURDAY, JUNE 24, 2017 7:30–9:00 a.m. 2017 Annual Convention Registration Continental Breakfast Continental breakfast is available to Convention registrants only. 9:00–10:15 a.m. CONCURRENT SESSIONS New Lawyers Top 10: A New Lawyer’s Guide To Preparing A Plaintiff For Her Deposition Moderator/Speaker: Matthew Lango Speakers: Darci E. Burrell & Trang Q. Tran Trial Advocacy Mosaics & Motivating Factors: Unshackling Summary Judgment From McDonnell Douglas Moderator/Speaker: David L. Lee Speakers: Sonya Edwards & Elizabeth A. Rodgers 30 Years After Meritor Savings Bank v. Vinson: The State Of Sexual Harassment In The Workplace Moderator: Scott M. Pollins Speakers: The Honorable Chai Feldblum, Professor Elizabeth A. Schneider & Joseph M. Sellers Defending LGBT Workers From Discrimination “Because of Sex”: Title VII, Title IX & Beyond Moderator/Speaker: Joshua R. Goodbaum Speakers: Maureen T. Holland & Rob Wiley Employer-Initiated Medical Examinations: Preventing Abusive Employer Tactics Moderator: Kelly Brandon Speakers: Brian East & Mark D. Sherinian The Employee Who Stays: A Tangled Web Moderator/Speaker: Nina T. Pirrotti Speakers: Patricia A. Barasch & Jerome J. Dobson 10:15–10:30 a.m. BREAK 10:45 a.m.–12:15 p.m. The Year In Review: Significant Developments In Employment Law Moderator: Matthew C. Koski Speakers: Professor Eric Schnapper & Richard T. Seymour 12:15 p.m. Convention Adjourns Mark Your Calendar For NELA’s 2018 Annual Convention June 27–30, 2018 Chicago Hilton Chicago, IL 13 The Employee Rights Advocacy Scholarship Program The Employee Rights Advocacy Scholarship Program is a project of The Employee Rights Advocacy Institute For Law & Policy (The Institute), NELA’s public interest organization. NELA and The Institute are committed to ensuring that NELA’s nationally renowned continuing legal education programs are accessible to those who would otherwise not be able to attend without financial assistance. In this regard, we encourage applications for full or partial scholarships from legal services, public interest, and private lawyers who represent workers. Based on financial need, scholarship awards will cover the cost of the Convention registration fee, hotel expenses (room and tax for a maximum three-night stay), and/or transportation. To apply for a scholarship, send a letter on your employer’s letterhead describing: (1) your interest in attending the Convention, (2) the nature of your legal practice or the legal services you provide, (3) the workers you represent, (4) the need for financial assistance, (5) how the Convention relates to your practice and/or the clients you serve, and (6) any other information you wish us to consider. The letter, scholarship application (see page 15 of this brochure), and registration form (see pages 16–17 of this brochure) must be received no later than Monday, May 2, 2017. Send all scholarship documents to The Employee Rights Advocacy Institute For Law & Policy, 2201 Broadway, Suite 402, Oakland, CA 94612, Attention: Scholarship Committee. Scholarship documents also may be sent via facsimile ((866) 593-7521), or email ([email protected]). Please note the following: u Preference will be given to applicants who provide direct legal services to workers. u Scholarships are not transferable. u All applicants will receive notification that their application has been received, and whether it has been granted or denied. Those receiving scholarships will be sent written confirmation at least three (3) weeks in advance of the Convention. Applicants who do not receive notification two (2) weeks before the Convention should contact NELA to inquire about the status of their application. Scholarships will not be awarded retroactively, and applications will not be considered after the deadline of May 2, 2017. Incomplete applications will not be considered. Scholarship recipients will receive payment after submitting receipts for eligible expenses and an evaluation form. Scholarship recipients who do not attend the Convention will forfeit their scholarship award. We welcome your financial support of The Institute’s Employee Rights Advocacy Scholarship Program. Your contribution toward making NELA’s renowned continuing legal education programs more accessible to employee advocates is deductible as a charitable donation to the extent provided by law. Please see page 17 of this brochure to make your gift, or contact Leah A. Hofkin, NELA and The Institute’s Director of Development (Tel: (415) 296-7629; Email: [email protected]). NELA and The Employee Rights Advocacy Institute For Law & Policy gratefully acknowledge Bloomberg BNA, the Kazan McClain Partners’ Foundation, NELA members, and other individuals for their generous support of The Employee Rights Advocacy Scholarship Program. 14 The Employee Rights Advocacy Scholarship Application To apply for a scholarship, send a letter on your employer’s letterhead describing: (1) your interest in attending the Convention, (2) the nature of your legal practice or the legal services you provide, (3) the workers you represent, (4) the need for financial assistance, (5) how the Convention relates to your practice and/or the clients you serve, and (6) any other information you wish us to consider. The letter, this scholarship application, and a registration form (see pages 16–17 of this brochure) must be received no later than Monday, May 2, 2017. Send all scholarship documents to The Employee Rights Advocacy Institute For Law & Policy, 2201 Broadway, Suite 402, Oakland, CA 94612, Attention: Scholarship Committee. Scholarship applications also may be sent via facsimile ((866) 593-7521), or email ([email protected]). Name Firm/Organization Address Address CityState Zip Telephone ( Email ) Fax ( ) Number Of Years In Practice/Year In Law School NELA Member? m Yes m No Have you previously received a scholarship from The Institute or NELA? m Yes m No I am requesting a scholarship award for the following expenses (please check all that apply). Provide an estimated amount for transportation expenses (these expenses do not include meals). m Registration Fee m Transportation Expenses (e.g., air fare, train fare, cab fare) Estimated Amount: m Hotel Expenses I can attend the Convention only if I receive a scholarship for all of the expenses I checked above. m Yes m No What is the annual budget for your organization or firm? How did you learn about The Institute’s Scholarship Program? Please describe any previous participation in The Institute or NELA programs and activities. Are you applying for funding to attend the Convention from additional sources? m Yes m No If yes, please describe: Please provide any other information you would like the Scholarship Committee to consider in the space below. Mail, fax, or email your application to The Employee Rights Advocacy Institute For Law & Policy, 2201 Broadway, Suite 402, Oakland, CA 94612, Attention: Scholarship Committee. Fax: (866) 593-7521, Email: [email protected]. 15 Registration Form I wish to register for the National Employment Lawyers Association’s 2017 Please complete both sides of this form and return to: Annual Convention on June 21–24, 2017 at the San Antonio Marriott National Employment Lawyers Association Rivercenter. I have read and agree to all terms and conditions which are 2201 Broadway, Suite 402 subject to Convention registration. Oakland, CA 94612 To take advantage of our members-only discounted registration rate, you Phone: (415) 296-7629 can join NELA or renew your membership by visiting www.nela.org or calling Fax: (866) 593-7521 (415) 296-7629. [email protected] You are invited to register online using American Express, DiscoverCard, MasterCard, or VISA at www.nela.org. NELA MEMBER CONVENTION REGISTRATION FEE Full Convention Registration Rates m $675 NELA Member Early-Bird (Must be postmarked, received via facsimile or email, or completed online on or before May 12, 2017.) m $775 NELA Member Regular Registration May 13–June 9, 2017 m $875 NELA Member Late Registration After June 9, 2017 & On-site m $575 Legal Services/Public Interest/Government Staff Attorneys/Paralegals Regular Registration m $625 Legal Services/Public Interest/Government Staff Attorneys/Paralegals Late Registration (Must be a NELA Member and postmarked, received via facsimile or email, or completed online on or before June 9, 2017.) (After June 9, 2017 & On-site; must be a NELA Member) m $350 NELA Law Student Member Daily Convention Registration Rates NON-MEMBER CONVENTION REGISTRATION FEE Daily registration rates are only available to NELA Members. Full Convention Registration Rates m $450 Thursday, June 22, 2017 m $450 Friday, June 23, 2017 m $375 Saturday, June 24, 2017 m $950 Non-Member Early-Bird (Must be postmarked, received via facsimile or email, or completed online on or before May 12, 2017.) m $1,000 Non-Member May 13–June 9, 2017 m $1,075 Non-Member After June 9, 2017 & On-site Please list me in the “Directory of Participants” as follows (please type or print clearly). Registration form must be received on or before June 2, 2017 to be listed in the printed “Directory of Participants.” Name Firm/Organization/Law School Address Address CityStateZip TelephoneFax Email State Bar No. Please complete both sides of this form and return to: National Employment Lawyers Association Phone: (415) 296-7629 n n 2201 Broadway Fax: (866) 593-7521 n n Suite 402 n Oakland, CA 94612 Email: [email protected] 16 m I am planning to bring a laptop computer or tablet to the Convention. m Please check if you are requesting CLE credit. m Please check if you are requesting CLE credit from additional states and indicate the name(s) of the state(s): m Please specify any reasonable accommodation(s) you need (advance notice is required): I agree to assume extra charges incurred by NELA for special meal requests. m I wish to order vegetarian meals. m Please check if you are attending your first NELA Annual Convention. m I would like to be paired with a NELA Convention Ambassador. (A NELA Convention Ambassador will contact you before the NELA Convention to welcome you, answer questions, and introduce you to other NELA Convention participants.) m Please designate me as a “New Member” on my name badge. m Emergency contact information (optional): Name: Telephone: The Employee Rights Advocacy Scholarship Program Yes! By making the following tax-deductible contribution I wish to support The Institute’s Employee Rights Advocacy Scholarship Program to ensure that NELA’s 2017 Convention is accessible to employee rights advocates who could not otherwise attend the Convention. $50 m m $100 m $250 m $500 m $1,000 m Other: $ Guest Tickets (Annual Luncheon and Annual Reception are included in registration fee for Registrants only.) NELA Annual Luncheon, Thursday, June 22, 2017 m Adult $60 each Number of Adults Total Amount $ NELA Annual Reception, Thursday, June 22, 2017 m Adult $50 each Children (6–12 years old) $25 each Number of Adults Number of Children Total Amount $ Please note the Annual Gala Fundraiser is a separate event. See pages 7–8 for information about NELA’s Gala Fundraiser. I Wish To Pay By: m Check: Payable to the National Employment Lawyers Association m Credit Card: m American Express m Discover m MasterCard m VISA Name On Card Card Number Expiration Date CVV Code Signature Billing Address Convention Registration Fee(s)Amount $ The Employee Rights Advocacy Scholarship Program Amount $ (Your donation is deductible as a charitable contribution to the extent provided by law.) Guest Ticket(s)Amount $ Total Amount Due $ A $30 service charge will be assessed for all returned checks and declined credit card transactions. You are invited to register online using American Express, Discover, MasterCard, or VISA at www.nela.org. Please complete both sides of this form and return to: National Employment Lawyers Association Phone: (415) 296-7629 17 n n 2201 Broadway Fax: (866) 593-7521 n n Suite 402 n Oakland, CA 94612 Email: [email protected] 2017 CONVENTION PROGRAM GUIDE ADVERTISEMENT/GREETING ORDER FORM Firm/Organization Firm/Organization ContactTitle Address Address CityStateZip TelephoneFax Email Website Deadline for receipt of advertisements and greetings is May 12, 2017. Rates Size Standard Rate Nonprofit Rate m Business Card black & white 2” x 3” $80 $65 m One-eighth Page black & white 2” x 4” $110 $85 m Quarter Page black & white 3” x 4” $225 $175 m Half Page black & white 7” x 5” Or 4” x 10” $375 $325 m Full Page black & white 7” x 10” $550 $500 m Inside Front Cover black & white 7” x 10” $1,500 $1,000 m Inside Back Cover black & white 7” x 10” $1,500 $1,000 4-color 7” x 10” $1,750 $1,300 m m m ! Back Cover LDPage SO Nonprofit rates are available to NELA Affiliates, public interest organizations, and government agencies. Enclosed is my ad/greeting (folded, stapled, or faxed items cannot be accepted). Please enclose a CD-ROM and a hard copy of your ad/greeting, or send it electronically to [email protected]. Acceptable formats: PDF, TIFF, JPEG, Word, or WordPerfect. Please create an ad/greeting with the following message (additional $25 charge): I wish to pay by: m Check: Payable to the National Employment Lawyers Association m Credit Card: m American Express m DiscoverCard m MasterCard m VISA Name On Card Card Number Expiration Date Signature CVV Code Billing Address A $30 service charge will be assessed for all returned checks and declined credit card transactions. Send order form, payment, and ad/greeting to: National Employment Lawyers Association 2201 Broadway, Suite 402, Oakland, CA 94612 For more information, please contact: Colleen Goodin at (415) 296-7629 or [email protected]. Ad/Greeting RateAmount $ Ad/Greeting Design ($25 per Ad/Greeting) Amount $ Total Amount Due $ 18 2201 Broadway Suite 402 Oakland, CA 94612 2017 Annual Convention June 21–24, 2017 San Antonio Marriott Rivercenter San Antonio, TX Early-Bird Registration Ends May 12, 2017 Register Online: www.nela.org the Be Change
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