Pre-Conference Programs

As a prelude to the ABA 4th Annual Section of Labor & Employment Law Conference, you are invited to attend these free pre-Conference programs. The programs will take place from 2:00 - 3:30 pm on Wednesday, November 3 at the Chicago Marriott Downtown Magnificent Mile Hotel, 540 North Michigan Avenue. If you would like to attend these complimentary programs, complete and return the registration form to Lynette Kelley, Meetings Registrar, 321 N. Clark Street, Chicago, IL 60654 (Fax: 312.988.5814).

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Taking on the Yoke: Women and Minorities as Leaders of National Legal Associations

The ABA, like many other legal organizations, derives its direction from its members. ABA programs contribute significantly to the development of lawyers and the law. Those who are active in the ABA define its mission and focus and steer the direction in which the organization will grow. And like any organization, the ABA more fully and clearly meets its mission when its leadership reflects the full diversity of the legal profession. The purpose of this panel is to encourage women and minority Section members (and potential Section members) to actively participate in the ABA and seek out opportunities to serve in leadership positions in their respective Sections. This panel will consist of women and minorities who have taken leadership roles in their organizations. They will discuss what prompted them to seek leadership roles, what they contributed to their organizations, and the personal and professional rewards they received by their service. The panel also will discuss the challenges of balancing work life, family life, and service to the legal community.

Moderators:
Pamela Keith, Ogletree Deakins Nash Smoak & Stewart PC, Chicago, IL
Tanja T. Thompson, Kiesewetter Wise Kaplan Prather, PLC, Memphis, TN

Panelists:
Eric Barnum, Schiff Hardin LLP, Atlanta, GA
Barbara B. Brown, Paul Hastings Janofsky & Walker LLP, Washington, DC
Danielle Ochs-Tillotson, Ogletree Deakins Nash Smoak & Stewart PC, San Francisco, CA
Karina Ayala-Bermejo, First Deputy Commissioner, City of Chicago, Chicago, IL

Ethical Issues in Union-Side Representation

Attorneys representing labor unions often face ethical issues in representing unions, union officers, individual union members, and boards of trustees of Taft-Hartley funds. Union attorneys regularly pursue arbitration and litigation on behalf of the union, individual union members, or retired members. Conversely, union counsel also defends unions in duty of fair representation suits, for violation of union membership rights, or against claims under various employment discrimination statutes. Union attorneys may also represent employee benefit fund boards composed of an equal number of union and management representatives. As a result of this varied representation, union counsel can and often do face numerous ethical issues.

In this program, local union attorneys will discuss ethical issues commonly faced by union counsel when representing unions and union members. The panel will focus on issues that arise when representing union members in wage and hour cases, potential conflicts that can occur in employee benefit fund representation, and ethical issues in employment discrimination cases.

Moderator:
Joel D'Alba, Asher, Gittler, Greenfield & D'Alba, Ltd., Chicago, IL

Speakers:
Gary Bailey, Illinois Fraternal Order of Police Labor Council, Western Springs, IL
Peter H. Geraghty, Director, ABA ETHICSearch (ABA Ethics Hotline), Chicago, IL
Kurtis Hale, Poltrock & Poltrock, Chicago, IL
Susan Matta, Service Employees International Union Local 73, Chicago, IL

A Plaintiff’s Spin on Recent Cases: From Pleading to Privilege, and Rights to Remedies, with a Side Trip to Summary Judgment

Part I
Rick Seymour, Chair-Elect of the ABA Section of Labor & Employment Law, will provide a whirlwind plaintiffs-eye view of where we are and where we seem to be going, procedurally, substantively, and remedially, with tips, tricks, and pitfalls.

Part II
New Developments in Whistleblower Law and Effective Strategies for Prosecuting Whistleblower Retaliation Claims
Jason Zuckerman of The Employment Law Group will cover the new whistleblower provisions in the Dodd-Frank and other recently enacted federal whistleblower protection laws. He also will discuss recent cases in whistleblower law, new trends in OSHA's enforcement of whistleblower protection statutes, effective strategies for prosecuting whistleblower retaliation claims, surmounting common defenses, avoiding counterclaims, and pursuing parallel or overlapping claims.

Moderator:
Alejandro Caffarelli, President, National Employment Lawyers Association Illinois; Caffarelli & Siegel Ltd., Chicago, IL

Panelists:
Richard T. Seymour, Chair-Elect, ABA Section of Labor & Employment Law; Law Office of Richard T. Seymour, P.L.L.C., Washington, DC
Jason M. Zuckerman, The Employment Law Group, P.C., Washington, DC