TABLE OF CONTENTS

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PLENARY SESSIONS

Supreme Court Review

Employment Cases from the 2007-2008 Supreme Court Term

Charles A. Shanor

Micro-Inequalities and the Practice of Law: The EEOC’s View of the Employment Challenges in Law Practices

The Executive Summary Presentation on Micro-Abuse: Micro Aggressions, Micro-Inequalities and STEM

Wesley E. Profit, Ph.D., J.D.

Not Much Ado About Something

Wesley E. Profit, Ph.D., J.D.

Some Questions About Much Ado About Something

Wesley E. Profit, Ph.D., J.D.

Basics of Micro-Abuse: Uncovering Micro-Aggressions and Micro-Inequalities

Wesley E. Profit, Ph.D., J.D.

Bibliography

ALTERNATIVE DISPUTE RESOLUTION TRACK

Overview of the Law of Alternative Dispute Resolution

Developments in ADR Law

Merrick T. Rossein

Employment Class-Action Arbitration – Myth or Matter of Contract

Class Arbitrations and Non-Party Class Members

Thomas A. Doyle

AAA: Supplementary Rules for Class Arbitrations

An Introduction to Mandatory Class Action Waivers

Barry Winograd

Employment Mediation Strategies – From Selection to Resurrecting the Faltering Mediation

Employment Mediation Strategies – From Selection to Resurrecting the Faltering Mediation

Loretta T. Attardo

Employment Mediation Strategies – From Selectionto Resurrecting the Faltering Mediation

Susan Grody Ruben

Employment Mediation Strategies –  From Selection to ResurrectingThe Faltering Mediation

James S. Rosenfeld

Employee Counsel's Perspective

Donald Sapir

Pre-Hearing Issues and Tactics in Employment Arbitration

The Case of Christina M. Faraday: A Mock Employment Arbitration Case

Homer C. LaRue

Document Number 2 – The Claims in Arbitration

Document Number 3 – Respondents’ Answer to the Claims in Arbitration

Document Number 4 – Employment Arbitration Rules and Mediation Procedures

Document Number 5 – Employment Arbitration Rules and Procedures

Document Number 6 – Supplementary Rules for Class Arbitrations

Enough With This Advocacy – I Want to be a Neutral

Making Early Mediation Work

James N. Adler

What Labor and Employment Law Advocates and Arbitrators Really Want From Each Other

How To Try a Case Before an Employment Arbitrator

Alfred G. Feliu

Sometimes, More is Just More – Make Your Next Labor Arbitration More Efficient With These Insider Insights

Margaret Brogan and Barry Winograd

BIAS IN THE WORKPLACE TRACK

Expanding Concepts of Discrimination: Sex, Sexual Orientation, Sex Stereotyping , Gender Non-Conformity and Transgender Claims

Post-Oncale: Same Sex Harassment Claims Under Title VII

Anthony J. Amendola

Expanding Concepts of Discrimination: Sex, Sexual Orientation, Sex Stereotyping ,Gender Non-Conformity and Transgender Claims

Kimberly J. Korando

Federal Cases Addressing Whether Discrimination on the Basis of GenderNon-Conformity and/or Transgender Status is a Form of Discriminationon the Basis of Sex

Shannon Minter

The National Center for Lesbian Rights and the Transgender Law Center in Supportof the Plaintiff-Appellant

American Civil Liberties Union, American Civil Liberties Union of Utah, Lambda Legal Defense & Education Fund, Inc., and National Center for Lesbian Rights in Support of Appellant Krystal Etsitty and Reversal of the District Court

CONSULTING TRACK

The Top Ten Issues in Employment Discrimination Law

Caregiver Guidance

U.S. Equal Employment Opportunity Commission

Questions and Answers: Religious Discrimination in the Workplace

U.S. Equal Employment Opportunity Commission

Three of the Top Ten Issues in Employment Law

Richard T. Seymour

The Top Ten Issues in Employment Discrimination Law: Religious Discrimination

Jeff Wohl and Barbara Johnson

The Top Ten Issues in Employment Discrimination Law: Retaliation

Zachary Fasman and Barbara Johnson

The Top Ten Issues in Employment Discrimination Law: Age Discrimination

Barbara L. Johnson

The Top Ten Issues in Employment Discrimination Law: Harassment

Leslie Abbott and Barbara Johnson

Between You and Me and the Internet: Technology and Privacy in the Workplace

Between You and Me and the Internet: Technology and “Privacy”in the Workplace

Mary K. O’Melveny

Getting to Know You: The Use and Misuse of Screening Devices for Hiring and Promotion

“Don’t I Think I Know You Already?”: Excessive Subjective Decision Making as an Improper Tool for Hiring and Promotion

Rachel Geman

Recent Developments in Scored Test Case Law

Nancy E. Rafuse

Religious and Cultural Differences in the Workplace

Sikh Articles of Faith in the Workplace

Harsimran Kaur

Culture Clash: The Union Can Be Caught in the Middle

Michael C. Subit and Beth Barrett Bloom

Questions and Answers: Religious Discrimination in the Workplace

U.S. Equal Employment Opportunity Commission

Best Practices for Eradicating Religious Discrimination in the Workplace

U.S. Equal Employment Opportunity Commission

Employment Discrimination Based on Religion, Ethnicity, or Country of Origin

U.S. Equal Employment Opportunity Commission

Questions and Answers About The Workplace Rights of Muslins, Arabs,South Asians, and Sikhs Under the Equal Employment Opportunity Laws

How to Do It Right: Workplace Investigations

How to Do it Right: Workplace Investigations: The Union/Employee Perspective

Gary L. Bailey

Building a Scalable, Defensible Ethics Investigation Process

Melinda Burrows

Fundamentals of Conducting Workplace Investigations: 2008

D. Jan Duffy

Legal Issues Arising in Connection with Workplace Investigations

Mark N. Mallery

Please Sign Here: Crucial Strategies in Negotiating Employment and Separation Agreements

Negotiating Employment Agreements: Covenants Not to Compete, Trade Secretsand Confidentiality Agreements

Steven Hymowitz and R. Bradley Mokros

Representing the Executive

Wayne N. Outten

Strategies in Drafting Effective Separation Agreements

Michael Delikat

Responding to Economic Crises: Plant Closings, RIFs, Layoffs and Bankruptcy

Selected Bankruptcy Issues for Labor Lawyers

David R. Jury

Responding to Economic Crises: Plant Closings, RIFs, Layoffs and Bankruptcy

Mary Ellen Signorille

Responding to Economic Crises: Complying with WARN Act Obligations

Paul E. Starkman

This is Not a Vacation Day! Leaves of Absence

Leaves as a Religious Accommodation

Peggy Mastroianni

FMLA and Selected Bargaining Topics

Alexia McCaskill

Caregiver/Family Responsibility Discrimination

Darlene A. Vorachek

Working At Home As A Reasonable Accommodation: A Circuit-By-Circuit Survey

Joseph Yastrow

Do I See a Fraud? Developments in Whistle-Blowing Cases under Sarbanes-Oxley

Do I See a Fraud

Jonathan Ben-Asher

Six Basics Steps for Investigating Allegations of Fraud and Misconduct

Jeff Heller

The Developing Law Protecting Sarbanes-Oxley Whistleblower

Stewart S. Manela

Do I See A Fraud? Developments in Whistleblowing Cases Under Sarbanes-Oxley

Wanda M. Morris

Keeping it Safe: Violence and Threats of Violence in the Workplace

An Ounce of Prevention is Worth a Pound of Cure

Michael Belo

Keeping it Safe: Violence and Threats of Violence in the Workplace

Steven W. Suflas

Do You Want to Know a Secret” When the Employee Knows Too Much

Do You Want to Know a Secret? When the Employee Knows Too Much

Jim Hunter Birch

Do You Want to Know a Secret? When the Employee Knows Too Much

Arnold H. Pedowitz

USERRA

Significant Recent USERRA Cases (2005-2008)

Esther Lander

Uniformed Services Employment and Reemployment Act:  A Primer and FMLAMilitary Families’ Leave Amendments: An Overview

Leisha Self

E-DISCOVERY AND E-TRIAL TRACK

Beginner’s Session on E-Discovery and E-Evidence

E-Discovery: The Basics

Christopher H. Mills and Rhonda Wilcox

E-Discovery Checklist

Christopher H. Mills and Rhonda Wilcox

Metadata Ethics Opinions: Comparison Chart

Kroll OnTrack Glossary

Electronic Discovery Basics

John K. Rubiner and Bonita D. Moore

Selected Recent Electronic Discovery Cases

John K. Rubiner and Bonita D. Moore

Electronic Discovery – The Current Legal Landscape

Theodore O. Rogers, Jr.

What’s Practical for Employers and Employees

What’s Reasonable: Application of the Federal Rules and State Ruleson ESI to the Discovery Process and the Impact on Employees, Employers,In-house and Outside Counsel

Sean R. Gallagher

Enforcement of Employer Computer Privacy Policies

Cecil A. Lynn III

Electronically Stored Information and E-Discovery

John R. Mooney

What’s Practical for Employees Relating to E-Evidence and E-Discovery

Robert Truhlar

E-Evidence: Demonstrative Program on Use of E-Evidence at Trial

Use of “E-Evidence” at Trial: David vs. Goliath

Stephen Z. Chertkof

EMPLOYEE BENEFITS TRACK

The Future of Pension and Welfare Benefits

The Future of Pension and Welfare Benefits:

Lisa M. Gomez

The Future of Retiree Health Benefits

William T. Payne

The Future of Pension and Welfare Benefits: Qualified Retirement Plans

Charles B. Wolf

Benefit Claims: A Primer on Claims Procedures and Benefit Litigation

Benefit Claims: A Primer on Claims Procedures and Benefit Litigation

Thomas G. Hancuch, Thomas G. Moukawsher and Eunice Washington

Benefit Claims: A Primer on Claims Procedures and Benefit Litigation

Thomas G. Hancuch, Thomas G. Moukawsher and Eunice Washington

Age Discrimination Issues in Employment Benefit Plans

Age Discrimination in Employee Benefits Law

Lissa J. Paris, Thomas G. Moukawsher and  Ivelisse Berio LeBeau

Kentucky Retirement Systems v. Equal Employment Opportunity Commission

Ivelisse Berio LeBeau

Cash Balance Plans: Great Expectations Unfulfilled

Thomas G. Moukawsher

Retiree Age Discrimination and Medicare Benefits: Resolved at Last

Lissa J. Paris

An Update on ERISA Supreme Court Cases and Fiduciary Legislation

Melissa Amschwand, Individually and on Behalf of the Estate of ThomasAmschwand v. Sperion Corporation., Et Al

A Summary of 401(k) Fee Litigation and DOL Guidance on Fee Disclosure

Joyce A. Mader

ERISA Stock Drop Case Summaries (January 2007 – July 2008)

Patrick Shea

Ethical Issues in Representing Employee Benefit Plans

Hypothetical

Hypotheticals for Ethical Issues

Lissa J. Paris

Ethical Issues in Employee Benefits Law

Denise M. Clark, Lissa J. Paris and Timothy J. Parsons

Ethical Issues in Employee Benefits Litigation

Timothy J. Parsons

ETHICS TRACK

Ethics at the Movies

Ethics at the Movies

Larry Cohen

Negotiations: Strategies and Techniques

Joseph Golden, Pitt, MeGehee, Palmer, Rivers & Golden, P.C.

Blogs, RSS, and Other Technobabble: Learning the Language of Web 2.0 and How to Incorporate Into Your Practice

Dan Schwartz, Pullman & Comley, LLC

FUNDAMENTALS TRACK

What Labor and Employment Lawyers Need to Know About Employee Benefits and ERISA

What Is ERISA and Why Should You Care

Denise M. Clark and Margo Hasselman

ERISA for Labor Lawyers – Claims Procedures and Scope of Review

Ellen Kelman

Pension Protection Act of 2006-An Overview of Selected Provisions

Peter J. Marathas, Jr., Yolanda D. Montgomery and Nicole Eichberger

Handy Dandy Version of 29 CFR 2560-503.1

EEO Law: Overview and Current Issues Under Title VII , the ADEA and the ADA

The Age Discrimination in Employment Act: Recent Key Decisions and Issues

David D. Powell, Jr.

Ethics Fundamentals for Labor and Employment Lawyers

Witness Preparation and Ex Parte Communications: A Fundamental Discussion

Michael Z. Green

Multi-Jurisdictional Practice Issues for Labor and Employment Attorneys:A Union and Employee Side Perspective

Michael Posner

Multiple Representation Issues in Traditional Labor Law

Michael Posner

Federal and State Laws on Wages and Hours: FLSA and More

Recent Developments in Wage and Hour Laws: The Employer’s Perspective

Alan M. Goncharsky

Selected Issues Under the Fair Labor Standards Act

William Lurye

Recent Developments in Federal and State Laws on Wages and Hours:The Plaintiff’s Perspective

Joseph M. Sellers

EEO Litigation: From Complaint to the Courthouse Steps

Defending Employment Cases: Pretrial Litigation Issues and Strategies

Philip C. Eschels and Mark J. Gomsak

Pleading an Employment Discrimination Class Action

Daniel M. Hutchinson

Federal Laws Governing Leaves of Absence: FMLA, Pregnancy Discrimination Act and ADA

Federal Laws Governing Leaves of Absence: FMLA, Pregnancy DiscriminationAct and ADA: A Primer

Hope B. Eastman

Basic FMLA Obligations and Interplay with Collective Bargaining Agreements

Laura P. Juran

Top Ten FMLA Basics

Kimberlie K. Ryan

Non-Statutory Claims and Other Common Employment Law Issues

Employment Torts

Stephanie D. Gironda

Workplace Privacy Issues: Potential Pitfalls for Unwary Employers

Ty Hyderally

Workplace Investigations

Louis Lopez

Workplace Investigations – A Supplement

Alisa B. Arnoff

Wrongful Termination: A Brief History of Employment-at-Will and its Slow Erosion

Jon H. Rosen

What Labor and Employment Lawyers Need to Know About International Labor and Employment Law

The Five Minute Canadian Employment Law Primer

J. Geoffrey Howard

Employment Rights of American Workers Abroad

David A. Lowe

Thinking Globally About Labor Law

Jeanne Mirer

Extending UK Statutory Protections Abroad – The Key Cases 

Clare Murray and Charis Damiano

The Railway Labor Act: Representing Employers, Unions and Employees in the Airline and Railway Industries

An Overview of the National Mediation Board

Eileen Hennessey

The Top Ten Reasons Why All Labor and Employment Lawyers ShouldLearn About the Railway Labor Act

Thomas E. Reinert, Jr.

Grievance Arbitration Under the Railway Labor Act

Barry E. Simon

Resolution of Post-Representation Disputes Under the RLA – A Primer forNon-RLA Lawyers

Michael S. Wolly

Introduction to Class Actions and Collective Actions

Introduction to Class Actions and Collective Actions

Eve H. Cervantez and L. Julius M. Turman

Workplace Safety and Health Laws: OSHA, MSHA and Workers Compensation

Occupational Safety and Health Law Fundamentals

Melissa A. Bailey, Randy Rabinowitz and Gary B. Eidelman

IMMIGRATION TRACK

Public Enforcement Questions and Jurisdictional Fights

Representing Corporate Clients: A New Union Between Labor,Immigration and Criminal Counsel

Wendy Castor Hess and Jonathan A. Grode

Issues and Remedies in Representing or Defending Against Immigrant Employees

Hazardous Condition: The Status of Illegal Immigrants and Their Entitlementto Workers’ Compensation Benefits

Gregory T. Presmanes

IN-HOUSE COUNSEL TRACK

In-House Corporate Counsel Problem Solving Workshop

Retaliation Claims Under the Sox Whistleblower Provisions

James S. Barber and Lawrence B. Fine

Wage/Hour Hypothetical and Materials

Charles C. Warner

INTERNATIONAL TRACK

Confidential Information in a Global Economy

Trade Secrets in Employment Relationships in Germany

Carsten Domke

The Protection of Trade Secrets in Canada

Adam Kardash and Rowan Weaver

Employment Agreements and Cross-Border Employment – Confidentiality,Trade Secrets and Other Restrictive Covenants in a Global Economy

Wendi S. Lazar

Reflections on Labor/Employment Development in the European Union

Marley S. Weiss

Confidential Information in a Global Economy: The UK Perspective

Nicola Whiteley

Protecting and Advancing Workers’ Rights in Asia

Defending Workers’ Rights in Asia

Earl Brown and Ashwini Sukthankar

LITIGATION TRACK

Case Hypothetical

Answer to Complaint

Deposition Abstracts

HR Investigator Summary

Cindy Wild’s Diary

Litigation Checklist for and Employment Case

Barbara J. D’Aquila

Mock Trial on Damages

Dan Stormer

Action: Juror Reactions and Expectations for a Hollywood Opening

Jill Huntley Taylor, Dispute Dynamics, Inc.

Tutorial on Trial Practice: Voir Dire

Judging a Book By Its Cover: Lessons on Cracking the Voir Dire Code

Suzy M. Sidote

Tutorial on Trial Practice: Cross Examination

Exposing the Monster: Effective Cross Examination

Kathy Bogas

Cross Examination in Employment Cases

Mark A. Shank and Anar Rathod

Tutorial on Trial Practice: Opening and Closing Arguments

The Opening Statement – The Preview to Victory or the Beginning ofDefeat/The Closing Argument in and Employment Case– How To Finalize the Victory

Leonard Court

Closing Argument Tips for Defending the Employment Case

Leonard Court

PUBLIC SECTOR TRACK

Individual Rights in Public Sector Employment

Individual Rights in Public Sector Employment

Marti Houser, Lisa Salkovitz Kohn and George S. Crisci

Negotiation Skills in Collective Bargaining

A Mediator’s Perspective of Public Sector Collective Bargaining

Harvey A. Nathan

SPORTS AND ENTERTAINMENT TRACK

The Entertainment Industry Wars: Labor and Management Fight for Their Slice of the Digital Pie

Bargaining Negotiations – A Brief Overview

William L. Cole

New (Media) Frontiers in the Labor Wars

Robert S. Giolito

Entertainment Industry Wars

Keith Gorham

Alliance of Motion Picture and Television Producers Sideletter on Literary Material Written for Programs Made for the Internet

Sideletter on Literary Material Written for Programs Made for the Internet

How Does the Screen Actors Guild Prepare for Collective Bargaining

Ray Rodriguez

TRADITIONAL LABOR TRACK

Introduction to the Law and Practice Before the NLRB

NLRA Basics: A Short Primer

Steven W. Suflas and Dorothy Moore Duncan

Hot Topic: Neutrality Agreements, Card Checks and Voluntary Recognition After Dana

Hot Topic: Neutrality Agreements, Card Checks and VoluntaryRecognition After Dana

Amy Moor Gaylord and Jennifer A. Niemec

An Academic’s Perspective on Current Labor Law Issues

An Academic’s Perspective on Current Labor Law Issues

Roberto L. Corrada

Hot Topics: Remedies in Unfair Labor Practice Cases

Rights Without Remedies: The Failure of the National Labor Relations Act

Nancy Schiffer

Current Issues in Remedies for Unfair Labor Practices

Jeffrey I. Kohn

WAGE AND HOUR TRACK

Determining Compensable Work Issues

FLSA “Preliminary and Postliminary Work” Issues –Still Developing After All These Years

Nicholas W. Clark

Recent Developments in the Compensability of Preliminary andPostliminary Activities

Joel M. Cohn and Michael S. McIntosh

Compensability of Waiting Time, Rest and Meal Periods, andTraining Under the FLSA

Sam J. Smith

Determining Compensable Hours Worked

Jenny R. Yang

White Collar Exemptions

White Collar Exemptions

David Borgen, Julia Akins Clark, James M. Finberg, Ellen C. Kearns and William C. E. Robinson

Pre-Litigation Compliance Strategies for Wage and Hour Issues

Pre-Litigation Compliance Strategies for Wage and Hour Issues

Todd M. Nierman, Rosemary Alito, Rusty Johnson and Judy Gaston

Advanced Litigation of Wage and Hour Class Cases

Representative Evidence and Settling Hybrid Cases

Laura L. Ho and Rachel Brill

Coordinating Class Certification of State and Federal Wage andHour Claims and Discovery Issues

Gregory K. McGillivary

Adopting the Avoidable Consequences Affirmative Defense: Applying the Lessonsof Ellerth/Faragher to FLSA Claims

Lisa A. “Lee” Schreter, Whitney M. Ferrer and SoRelle B. Braun

Communicating With and Obtaining Declarations from Putative Class Members

Lisa A. “Lee” Schreter