Year in Review: What’s New in Employment Law
Mr. Seymour, Mr. Torchia
Have you stayed abreast of the recent employment cases during the past year? The Institute will kick off with a spirited point/counterpoint exchange between Rick Seymour and Mike Torchia who will examine some of the most interesting and significant employment law cases of the year. You will learn the holdings of the recent cases and take away practical advice on how these changes impact your clients in 2020.
Settlement Strategies and Tips
Judge Hey, Judge Strawbridge, Ms. Abrams, Ms. Malloy
In this practical, interactive discussion, prominent magistrate judges and experienced litigators will share concrete strategies and tips for achieving success in settlements.
So You Think Your Investigation Is Privileged (ETHICS)
Ms. Derewicz, Ms. Maley
Internal investigations are critical to employers’ compliance with both legal standards and best practices. Increasingly, employers are looking to attorneys to conduct their most sensitive investigations, often with the expectation that the findings will enjoy privilege from disclosure in any subsequent litigation. Many clients are dismayed to learn later that investigations may not be privileged. We will focus on best practices in structuring investigations, steps investigating attorneys may take to preserve privilege to the extent possible, and how attorneys should advise their clients with respect to privilege issues.
The Next Generation Spoliation: The New Rules for Mishandling Evidence
Attend for a discussion on how the 2016 Amendments to Federal Rules of Civil Procedure Nos. 24, 26 and 37 have been interpreted by federal courts, with a focus on: • the “intent to deprive a party of evidence” spoliation standard • the requirement of “reasonable” preservation efforts • when does negligent mishandling of evidence result in spoliation under the new standards?
Enforceability of an Arbitration Agreement
Mr. Karpf, Mr. Nolan
Arbitration is an increasingly popular form of Alternative Dispute Resolution and many business now require a provision in their employment agreements. Learn how to draft an enforceable arbitration agreement or what to look for to attack the validity or enforceability of the agreement.
Managing Employment Challenges in an Age of Opioid, CBDs, Medical Marijuana, Drugs & Alcohol
Ms. Flitter, Ms. Kirshenbaum, Ms. Rosenblum
The opioid crisis has created significant challenges for employers. It is estimated that on average, U.S. employers lose $10 billion per year from lost work and lower employee productivity due to the opioid crisis, which has also caused employer health plan expenditures to skyrocket. We will provide practical advice on mitigating the risk of disability discrimination claims, managing FMLA leave and supporting employee recovery. We will discuss how to talk to employees about suspected drug abuse and the importance of tailoring employer responses based on business need, the law and the individual’s circumstances.
Recorded in July 2020.