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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