Course1

2020 Family and Medical Leave Update

$79.00

This program will provide you with a practical guide to developments under the Family and Medical Leave Act and review trends in employee leave generally. The program will cover significant case law and regulatory developments, as well as the practical trends in dispute and litigation impacting your employer clients. The program will cover the impact of technology, contract employees, and other changes in the workforce, and discuss their impact on traditional leave law.  This program will provide you with a real-world guide to significant legal and practical developments under FMLA and employee leave generally. Case law and regulatory developments under the FMLA Developments related to “appropriate notice” Serious health condition requiring leave and practical application Remote and work-from-home workers and leave under the FMLA Responding to leave requests based on substance abuse Emerging cannabis issues   Speaker: Patrick F. Martin is a partner in the Miami office of Greenburg Traurig, LLP, where he has a national employment law practice. He represents employers of all sizes before state and federal courts, as well as administrative agencies such as the Department of Labor, the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. He regularly litigates cases involving wrongful termination, employment discrimination, workplace harassment, public accommodation, wage and hour matters, and employee disability and leave issues. He also advises employers on preventive strategies to minimize potential litigation and assists in the development of policies to promote constructive employee relations. Mr. Martin earned his B.A. from the University of Virginia and his J.D. from Florida State University College of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

2020 Americans with Disabilities Act Update

$79.00

This program will provide you with a comprehensive update of important developments related to the Americans with Disabilities Act.  The program will cover case law, administrative, and practical developments related to reasonable accommodation of disabilities in the workplace.  The panel will also discuss developments related to permissible job qualification standards, determining essential job functions, and judging the workplace performance of employees subject to the ADA. This program will provide you with a wide-ranging and practical review of important ADA developments.   Review of recent case law and regulatory developments Developments in job qualification standards Reasonable accommodation trends, including the EEOC’s guidance Developments related to reassignment to another job category Trends in the interactive process    Speakers: Jennifer S. Baldocchi is a partner in Los Angeles office of Paul Hastings, LLP, where she co-chairs the office’s employment law department.  Her practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties.   In her transactional practice, she prepares employee and executive contracts, focusing on the protection of trade secrets and the prevention of improper customer and employee solicitations. She is recognized by Legal 500 US for trade secrets litigation and non-contentious matters.  Ms. Baldocchi earned her B.A. from the University of California, Berkeley, and her J.D. from Loyola Law School, Los Angeles.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Drafting Employment Agreements, Part 2

$79.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

Drafting Employment Agreements, Part 1

$79.00

This program will provide you a practical guide to the most important provisions of employment agreements, common sources of dispute and litigation, and traps. The program will cover scope of duties (and how they may change over time), forms of compensation and benefits (including deferred compensation), and objective/measurable performance standards.  The program will also discuss planning for the possible release of the employee, limiting liability, and protecting confidential information and trade secrets to which the employee may have had access. This program will provide you with a practical guide to drafting successful employment agreements. Day 1: Scope of an employee’s duties and modification as facts and circumstances change Objective and measurable performance benchmarks tied to incentive compensation Forms of compensation, deferred compensation, and fringe benefits Protecting trade secrets – non-competition and non-disclosure mechanisms   Day 2: Term of employment – fixed or variable terms, extensions, and discharge Anticipating severance and building in dispute mitigation and resolution provisions Severance benefits on voluntary and involuntary separation – and tying them to confidentiality and non-competition Non-disparagement of employer on discharge or voluntary departure Essential mediation and choice of law considerations   Speaker: Jerrold F. Goldberg is a partner in the New York City office of Greenburg Traurig, LLP, where co-chairs the firm’s labor and employment practice group and he has more than 35 years’ experience practicing in virtually all aspects of labor and employment.  His expertise includes employee leave under federal and state law, traditional labor/union-management issues, employment discrimination, executive employment, severance agreements and wage and hour laws.  He represents clients before the EEOC, the FRLB, and federal and state courts.  Mr. Goldberg received his B.S. from Cornell University and his J.D. from New York University School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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2020 Sex Harassment Update

$79.00

This program will provide you with an update on recent developments in sex harassment claims, including the ongoing impact of the #metoo movement.  The discussion will include case law developments, trends in claims and defenses, and legislative proposals.  The program will cover how to handle recent allegations of harassment based on conduct occurring years ago and best practices in revising policies and procedures to handle allegations of misconduct. The program will also cover the validity of using mandatory arbitration clauses in contacts to respond to sex harassment claims. This program will provide you with a wide-ranging discussion of significant developments in sex harassment law. Significant sex harassment case law developments Impact of #metoo on sex harassment litigation How to investigate new complaints of old misconduct Sex harassment issues arising from online posts and messaging Validity of mandatory arbitration in sex harassment cases Best practices in revising sex harassment policies    

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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2020 Retaliation and Wrongful Discharge Update

$79.00

Retaliations claims are one of the most common forms of employment litigation, whether as a standalone claim or when a substantive claim of harassment or discrimination fails.Though often used as a fallback claim, the scope of an employee’s protected conduct – whistleblower activity, requests for accommodation, and many other forms of activity – is not limitless. There are also complicated questions of what exactly constitutes an adverse action by an employer and the causal connection between the employee’s protected activity and the adverse action. This program will provide you with a practical review of recent case law and other developments impacting each of the elements of an actionable retaliation claim and best practices to avoid liability. Case law developments impacting elements of retaliation claims – protected conduct, adverse action, and causation Scope of “protected conduct,” including requests for reasonable accommodation under the ADA and FMLA What constitutes adverse action by the employer and timing of the adverse action Standards for establishing the causal link between protected conduct and adverse action Relationship among harassment, discrimination and ADA, and retaliation claim   Speaker:

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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"I Want Out!": Exit Rights in Business Agreements

$79.00

A client investment in an operating business, particularly a minority stake, is only as good as its liquidity.  If a client cannot readily sell his or her ownership stake at fair market value, it has little real value. The key to ensuring liquidity is contractually creating a private market for the ownership stake.  This market can come in the form of requiring other stakeholders, including the majority owner, to buy the minority stake at a mutually agreeable price, or creating other mechanisms for selling the stake to third parties. Without these contract rights, a stakeholder has no liquidity and is stuck. This program will provide you with a practical to planning and drafting contractual liquidity rights in closely held companies. Planning and drafting liquidity rights in closely held companies Counseling clients about the limitations and risks of liquidity in closely held companies Framework of alternatives for determining most appropriate liquidity rights “Texas standoff” or “Russian roulette” – opportunities, risks and tradeoffs Drafting “tag-along” and “drag-along” rights – practical uses and drawbacks How to think about valuing closely held ownership stakes   Speaker: Frank Ciatto is a partner in the Washington, D.C. office of Venable, LLP, where he has 20 years’ experience advising clients on mergers and acquisitions, limited liability companies, tax and accounting issues, and corporate finance transactions.  He is a leader of his firm’s private equity and hedge fund groups and a member of the Mergers & Acquisitions Subcommittee of the ABA Business Law Section.  He is a Certified Public Accountant and earlier in his career worked at what is now PricewaterhouseCoopers in New York.  Mr. Ciatto earned his B.A., cum laude, at Georgetown University and his J.D. from Georgetown University Law Center.

  • MP3 Download
    Format
  • 60
    Minutes
  • 12/23/2021
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Course1

LIVE REPLAY: 2020 Family and Medical Leave Update

$79.00

This program will provide you with a practical guide to developments under the Family and Medical Leave Act and review trends in employee leave generally. The program will cover significant case law and regulatory developments, as well as the practical trends in dispute and litigation impacting your employer clients. The program will cover the impact of technology, contract employees, and other changes in the workforce, and discuss their impact on traditional leave law.  This program will provide you with a real-world guide to significant legal and practical developments under FMLA and employee leave generally. Case law and regulatory developments under the FMLA Developments related to “appropriate notice” Serious health condition requiring leave and practical application Remote and work-from-home workers and leave under the FMLA Responding to leave requests based on substance abuse Emerging cannabis issues   Speaker: Patrick F. Martin is a partner in the Miami office of Greenburg Traurig, LLP, where he has a national employment law practice. He represents employers of all sizes before state and federal courts, as well as administrative agencies such as the Department of Labor, the Equal Employment Opportunity Commission and the Florida Commission on Human Relations. He regularly litigates cases involving wrongful termination, employment discrimination, workplace harassment, public accommodation, wage and hour matters, and employee disability and leave issues. He also advises employers on preventive strategies to minimize potential litigation and assists in the development of policies to promote constructive employee relations. Mr. Martin earned his B.A. from the University of Virginia and his J.D. from Florida State University College of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/1/2020
    Presented
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Course1

Employment Law Torts

$79.00

The workplace is deep with potential torts.  Hiring can be a delicate balance of adequately investigating the background of an applicant without making legally prohibited searches or inquiries.  Workplace supervision in a technologically interconnected age can easily give rise to claims of invasions of privacy. Workplace investigations, often involving conflicts among employees, can implicate claims of basis, discrimination, harassment, intentional infliction of emotional distress, defamation, and retaliation.  At every stage of the employment process there are potential torts.  This program will provide you with a practical guide to employer tort liability in the workplace.  Torts in hiring –balancing act of background checks, drug/cannabis checks, and the standard of foreseeability Privacy based torts – monitoring employee social media and other digital communications/posts Negligent retention of potentially dangerous employees Torts in workplace investigations – intentional infliction of emotional distress, defamation, false light torts Negligent supervision of troubled employees Best practices and defenses for employers to avoid or limit liability   Speaker: Alex J. Maturi is an attorney in the Chicago office of Paul Hastings, LLP, where he represents employers in all aspects of employment law, including discrimination, harassment, wrongful discharge, and wage and hour matters. He also counsels clients on compliance with state and federal law, and advises employers facing investigations initiated by the EEOC, OFCCP, and various state agencies.  During law school, he served as an extern judicial clerk to Judge Robert W. Gettleman of the U.S. District Court for the Northern District of Illinois. Mr. Maturi earned his B.A., cum laude, Illinois Wesleyan University and his J.D., cum laude, from Northwestern University School of Law.

  • Teleseminar
    Format
  • 60
    Minutes
  • 10/8/2020
    Presented
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Course1

Employment Law Torts

$79.00

The workplace is deep with potential torts.  Hiring can be a delicate balance of adequately investigating the background of an applicant without making legally prohibited searches or inquiries.  Workplace supervision in a technologically interconnected age can easily give rise to claims of invasions of privacy. Workplace investigations, often involving conflicts among employees, can implicate claims of basis, discrimination, harassment, intentional infliction of emotional distress, defamation, and retaliation.  At every stage of the employment process there are potential torts.  This program will provide you with a practical guide to employer tort liability in the workplace.  Torts in hiring –balancing act of background checks, drug/cannabis checks, and the standard of foreseeability Privacy based torts – monitoring employee social media and other digital communications/posts Negligent retention of potentially dangerous employees Torts in workplace investigations – intentional infliction of emotional distress, defamation, false light torts Negligent supervision of troubled employees Best practices and defenses for employers to avoid or limit liability   Speaker: Alex J. Maturi is an attorney in the Chicago office of Paul Hastings, LLP, where he represents employers in all aspects of employment law, including discrimination, harassment, wrongful discharge, and wage and hour matters. He also counsels clients on compliance with state and federal law, and advises employers facing investigations initiated by the EEOC, OFCCP, and various state agencies.  During law school, he served as an extern judicial clerk to Judge Robert W. Gettleman of the U.S. District Court for the Northern District of Illinois. Mr. Maturi earned his B.A., cum laude, Illinois Wesleyan University and his J.D., cum laude, from Northwestern University School of Law.

  • Audio Webcast
    Format
  • 60
    Minutes
  • 10/8/2020
    Presented
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Course1

Rights of First Offer, First Refusal in Real Estate

$79.00

Rights of first refusal and rights of first offer are frequently used in commercial real estate transactions, establishing rights to acquire property from a seller before it hits the market.  The practical effect of these tools is often to exert downward pressure on the price of the property and hamper development of a third-party market.  Rights of first refusal can help hasten a deal among buyers and sellers or landlords and tenants, thereby reducing costs, or they can be a costly waste of time. There are many subtle differences between rights of first refusal and rights of first offer, each with subtle tradeoffs for counter-parties that must be considered in context of a particular transaction.  This program will provide you with a practical guide to drafting rights of first refusal and rights of first offer in real estate. How rights of first refusal and rights of first offer work in real estate transactions Real-world costs, tradeoffs and risks of each type of right – and drafting tips and traps Best circumstances in which these mechanisms are used in property acquisitions, sales, and leasing How rights of refusal depress prices &limiting third party interest in the property – and how to mitigate Practical strategies for buyers and sellers, landlords and tenants when negotiating these rights   Speaker:

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/3/2020
    Presented
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Course1

Rights of First Offer, First Refusal in Real Estate

$79.00

Rights of first refusal and rights of first offer are frequently used in commercial real estate transactions, establishing rights to acquire property from a seller before it hits the market.  The practical effect of these tools is often to exert downward pressure on the price of the property and hamper development of a third-party market.  Rights of first refusal can help hasten a deal among buyers and sellers or landlords and tenants, thereby reducing costs, or they can be a costly waste of time. There are many subtle differences between rights of first refusal and rights of first offer, each with subtle tradeoffs for counter-parties that must be considered in context of a particular transaction.  This program will provide you with a practical guide to drafting rights of first refusal and rights of first offer in real estate. How rights of first refusal and rights of first offer work in real estate transactions Real-world costs, tradeoffs and risks of each type of right – and drafting tips and traps Best circumstances in which these mechanisms are used in property acquisitions, sales, and leasing How rights of refusal depress prices &limiting third party interest in the property – and how to mitigate Practical strategies for buyers and sellers, landlords and tenants when negotiating these rights   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/3/2020
    Presented
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Course1

Releasing Employees & Drafting Separation Agreements

$79.00

When an employee leaves a company voluntarily or involuntarily employers often fear the worst.  Departing employees may have had access to very important and confidential information of the employer – client/customer lists, vendor information, pricing information.  How can it protected?  Employees may allege they are due additional salary, bonuses or commissions.  Might they sue?  There may have been issues involving suspected or alleged harassment or discrimination.  What’s the risk of liability?  Employees might be disgruntled.  Can anything be done to prevent disparagement of the company?  Drafting separation agreements are complex and as important as employment agreements. This program will provide you with a practical guide to drafting employee separation agreements. Salary and benefit issues, severance payments, and payments tied to future performance Identifying points of potential liability in both voluntary and involuntary separations Drafting enforceable waivers of liability – scope, length and payment issues Post-separation commission issues for sales employees Preserving the confidentiality of important business information post-separation Non-disparagement, non-competition and non-solicitation provisions Mediation and other dispute resolution provisions   Speakers:

  • Teleseminar
    Format
  • 60
    Minutes
  • 11/4/2020
    Presented
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Course1

Releasing Employees & Drafting Separation Agreements

$79.00

When an employee leaves a company voluntarily or involuntarily employers often fear the worst.  Departing employees may have had access to very important and confidential information of the employer – client/customer lists, vendor information, pricing information.  How can it protected?  Employees may allege they are due additional salary, bonuses or commissions.  Might they sue?  There may have been issues involving suspected or alleged harassment or discrimination.  What’s the risk of liability?  Employees might be disgruntled.  Can anything be done to prevent disparagement of the company?  Drafting separation agreements are complex and as important as employment agreements. This program will provide you with a practical guide to drafting employee separation agreements. Salary and benefit issues, severance payments, and payments tied to future performance Identifying points of potential liability in both voluntary and involuntary separations Drafting enforceable waivers of liability – scope, length and payment issues Post-separation commission issues for sales employees Preserving the confidentiality of important business information post-separation Non-disparagement, non-competition and non-solicitation provisions Mediation and other dispute resolution provisions   Speakers:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 11/4/2020
    Presented
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Course1

Employee v. Independent Contractor: Tax and Employment Law Considerations

$79.00

Characterizing a worker as an employee or independent contractor carries with it a multitude of substantial legal consequences, particularly in employment and tax law.  If a worker is an employee, the tax and compliance “cost” of a worker is substantially more than if the worker is an independent contractor. The Affordable Care Act also requires employers of a certain size provide full-time (in distinction to part-time) employees with health insurance. In employment law, if a worker is characterized as an employee, the employer acquires EEO liability for the employee’s actions. This program will provide attorneys advising businesses with a practical guide to classifying workers as employees or independent contractors, the substantive legal consequences under tax and employment law, and best practices to avoid liability. Employment law factors for characterizing a worker as an employee or contractor Employer liability for EEO and discrimination violations committed by contractors Tax factors to determine whether a worker is a contractor v. an employee Tax liability and withholding obligations of employers depending on the classification Affordable Care Act implications of characterizing an employee as full-time or part-time   Speaker:

  • Teleseminar
    Format
  • 60
    Minutes
  • 12/11/2020
    Presented
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Course1

Employee v. Independent Contractor: Tax and Employment Law Considerations

$79.00

Characterizing a worker as an employee or independent contractor carries with it a multitude of substantial legal consequences, particularly in employment and tax law.  If a worker is an employee, the tax and compliance “cost” of a worker is substantially more than if the worker is an independent contractor. The Affordable Care Act also requires employers of a certain size provide full-time (in distinction to part-time) employees with health insurance. In employment law, if a worker is characterized as an employee, the employer acquires EEO liability for the employee’s actions. This program will provide attorneys advising businesses with a practical guide to classifying workers as employees or independent contractors, the substantive legal consequences under tax and employment law, and best practices to avoid liability. Employment law factors for characterizing a worker as an employee or contractor Employer liability for EEO and discrimination violations committed by contractors Tax factors to determine whether a worker is a contractor v. an employee Tax liability and withholding obligations of employers depending on the classification Affordable Care Act implications of characterizing an employee as full-time or part-time   Speaker:

  • Audio Webcast
    Format
  • 60
    Minutes
  • 12/11/2020
    Presented
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Course1

What to Do When a Partner Leaves? Non-competition for Departing Owners

$79.00

In closely held companies, its partners are the keys to its success. They build, maintain and have access to key customer or client relationships, understand how services are delivered or products made, and have privileged access to the “know how” that makes the company a success.  They are at once both the keys to success and the greatest threats to the company should one or several of the partners leave the company and decide to compete with their former partners. The challenge is devising a series of enforceable protections to guard against this risk. This program will provide you with a guide to designing and drafting business and employment agreements and policies to protect closely held companies from unfair competition from departing partners.   Business law and employment law techniques to protect closely held companies from unfair competition from departed partners Incorporating protections in stockholders’, LLC members’ and operating agreements Use of the organizational opportunity doctrine and implied common law duties to protect a company Agreements to protect a company’s buyer from competition from the company’s sellers Differences among non-competition, non-solicitation and non-disparagement agreements Tailoring non-competition agreements with individuals to enhance enforceability   Speakers: Shannon M. Bell is a member with Kelly & Walker, LLC, where she litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues.  Her construction experience extends from contract negotiations to defense of construction claims of owners, HOAs, contractors and tradesmen.  She also represents clients in claims of shareholder and officer liability, piercing the corporate veil, and derivative actions.  She writes and speaks on commercial litigation, employment, discovery and bankruptcy topics.  Ms. Bell earned her B.S. from the University of Iowa and her J.D. from the University of Denver.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/22/2022
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Going Over: Employment Law Issues When a Key Employee Leaves for a Competitor

$79.00

Few things strike heart of business owners more than when a key employee departs and joins a competitor.  The departing employee may have sensitive knowledge about products or services, pricing strategies, customer lists, financial or other information essential to the success of the business.  If the business has planned for this eventuality, placing restrictions on key employees through a variety of agreements, any damage may be limited.  But if the key employee is departing without these agreements in place, the business must rely on strategies for protecting its sensitive information. This program will provide you a real-world guide to protecting your client’s sensitive business information when a key employee departs.  Conducting effective exit interviews of the departing employee Enforcing contractual provisions against disclosure of sensitive employer information Resort to statutory protections of trade secrets or “know how” when contractual protections don’t exist Understanding how employment law torts may apply to specific situations Planning in anticipation of the eventual loss of a key employee     Speakers: Jennifer S. Baldocchi is a partner in Los Angeles office of Paul Hastings, LLP, where she co-chairs the office’s employment law department.  Her practice focuses on employee mobility and intellectual property, including trade secrets, covenants not to compete, unfair competition, and fiduciary duties.   In her transactional practice, she prepares employee and executive contracts, focusing on the protection of trade secrets and the prevention of improper customer and employee solicitations.She is recognized by Legal 500 US for trade secrets litigation and non-contentious matters.  Ms. Baldocchi earned her B.A. from the University of California, Berkeley, and her J.D. from Loyola Law School, Los Angeles.  Jessica Mendelson is an attorney in the Palo Alto, California office of Paul Hastings, LLP, where her practice focuses on trade secrets litigation and employee mobility issues.  Prior to joining Paul Hastings, Ms.Mendelson practiced trade secret, trademark, and copyright litigation in the intellectual property department of a boutique firm in Los Angeles. Ms. Mendelson earned her B.A. from Brown University and her J.D. from the University of California Hastings College of Law. Lindsey Jackson is an attorney in the Los Angeles office of Paul Hastings, LLP, where she represents employers in all aspects of employment law and labor relations, including wage-and-hour, discrimination, retaliation, harassment, trade secrets, and employee mobility matters. Ms. Jackson has also represented clients in employment litigation touching upon cybersecurity issues.  Ms. Jackson received her B.A. from Yale University, her M.A.T. from Relay Graduate School of Education, and her J.D. from Stanford University Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 10/16/2022
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Trust & Estate Planning for Cabins, Boats, and Other Family Recreational Assets

$79.00

Clients frequently have substantial reactional assets that they want to pass in their estates – family cabins, mountain houses, or other retreats, boats, and other assets.  These assets may be held in full or in fractional interests, sometimes shared uncomfortably by different parts of a single family or with third parties, giving rise to issues of control, value, and transfer.  Any or all of these assets may have substantial financial value and almost always have emotional value to clients. Planning for these assets is a blend of property and tax law, but also practical counseling of clients. This program will provide you with a real world guide to trust and estate planning for recreational assets.  How to title and/or hold assets in LLCs or other business entities Methods and agreements foster stable and cooperative use property among many family members Special trust and estate planning issues for reactional assets Use of Qualified Personal Residence Trusts for cabins and other vacation homes Real estate issues – capital improvements, treatment of taxes and expenses, conservation easements Special issues related to boats and airplanes Speakers: Missia H. Vaselaney is a partner in the Cleveland office of Taft, Stettinius & Hollister, LLP, where her practice focuses on estate planning for individuals and businesses.  She also represents clients before federal and state taxing authorities.  Ms. Vaselaney is a member of the American Institute of Certified Public Accountants and has been a member of the Steering Committee for AICPA’s National Advanced Estate Planning Conference since 2001.  Ms. Vaselaney received her B.A. from the University of Dayton and her J.D. from the Cleveland-Marshall College of Law. Michael Sneeringer an attorney in the Naples, Florida office of Porter Wright Morris & Arthur LLP, where his practice focuses on trust and estate planning, probate administration, asset protection planning, and tax law. He has served as vice chair of the asset protection planning committee of the ABA’s Real Property, Trust and Estate Section and is an official reporter of the Heckerling Institute.  Mr. Sneeringer received his B.A. from Washington & Jefferson College, his J.D., cum laude, St. Thomas University School of Law, and his LL.M. from the University of Miami School of Law.

  • MP3 Download
    Format
  • 60
    Minutes
  • 8/27/2022
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Employment Investigations: Figuring It Out & Avoiding Liability

$79.00

Lawyers are often called on to conduct internal company investigations of employment disputes, sometimes in anticipation of litigation.  Employers hope to obtain an independent and thorough investigation of sensitive workplace matters to assess liability.  For the lawyer, there many challenges: Choosing the right investigator, asking the right questions, preserving evidence, ensuring that privacy rights are not violated, and producing a practically useful report for the employer. There are also substantial issues of preserving the attorney-client privilege.  Often, the investigation can be as sensitive as the underlying matter. This program will provide you with a real world guide to planning and conducting an employment investigation and limiting employer liability.    Planning an effective employment investigation & knowing your goals Understanding liability risk in investigation, including invasions of privacy Determining interviewees and format/recording of interview What questions to ask/information to obtain from interviewees Litigation holds – what you should put in place Preserving the attorney-client privilege What to include in your final report Speaker: Emily Pidot is of counsel in the New York City office of Paul Hastings, LLP.  Her practice focuses on defending employers in a broad array of employment matters, including claims of discrimination, harassment, and retaliation; whistleblower matters; executive compensation disputes; and wage-and-hour class and collective actions. She regularly counsels clients on human resources policies and employee relations to prevent litigation, and also has extensive experience providing anti-harassment training to clients’ workforces. Ms. Pidot received her B.A. from the University of Notre Dame and her J.D. from Duke University School of Law.  

  • MP3 Download
    Format
  • 60
    Minutes
  • 8/1/2022
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Employee Leave Law

$79.00

Employers are required to provide leave to employees and often reinstate them to the same job category when they return.  The FMLA, ADA and other federal statues establish a variety of eligibility standards and circumstances in which employers must offer leave, or become liable for failing to do so.  The complexity of these statutes exposes clients to substantial risk and liability if leave policy is not properly drafted and administered. This program will provide you with a practical guide to the sources of federal employee leave law, covered employees and qualifying circumstances, how leave can and should be incorporated into employer policies and handbooks to avoid liability. Recent developments impacting employee leave – FMLA, ADA, and military leave Who is covered by leave law and what circumstances are entitled to leave? Length of leave and what compensation/benefits must employers offer employees Job category reinstatement after leave Incorporating leave into employer policies and employee handbooks Medical certificate, proof of eligibility, and practical traps for employers in administering leave policy Speaker: Kenneth M. Willner is a partner in the Washington, D.C. office of Paul Hastings, LLP, and chair of the office's employment law practice.  He represents employers in all aspects of employment law and litigation including wrongful discharge, discrimination, sexual harassment, disability discrimination, class actions, and individual cases in federal and state courts and before the Equal Employment Opportunity Commission and Office of Federal Contract Compliance Programs.  Mr. Willner received his B.A., with distinction, from the University of Virginia, and his J.D. from the University of Virginia Law School.

  • MP3 Download
    Format
  • 60
    Minutes
  • 7/24/2022
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Drafting Employee Handbooks

$79.00

Employee handbooks are often the most important document defining the relationship between an employer and its employees.  It establishes workplace expectations from the use of personal smartphone, tablets and other devices on the job and for the job, and protection of trade secrets to prohibit conduct like discrimination and harassment.  It defines time off and leave policies, and procedures for discipline and dismissal.  If a handbook is properly planned and drafted, it provides for a stable workplace, reducing the risk of employer liability.  The absence of a handbook can lead to just the opposite – a workplace with ad hoc policies and abounding risk.  This program will provide you with a practical guide to drafting employee handbooks for client workplaces with the goal of limiting employer liability. Drafting essential elements of employee handbooks Ensuring handbooks are not enforceable contracts and are subject to change by employers Compliance with Equal Employment Opportunity laws, including the ADA, FMLA and others Prohibition of discrimination, harassment, and other unlawful conduct – including drugs in the workplace Defining workplace policies for personal smartphones, tablets, and other devices Time off, leave of absence, and discipline and dismissal procedures Speaker: Stefanee Handon is an attorney in the Washington, D.C. office of Paul Hastings, LLP, where she represents employers in all aspects of employment law, including wage and hour compliance, fair employment practices, and individual employment rights.  She also counsels employers on all aspects of the employer-employee relationship, including hiring, pay, promotion, and termination.  Ms. Handon received her B.A., with high distinction, from the University of Virginia and her J.D. from the University of Virginia School of Law.

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  • 60
    Minutes
  • 6/13/2022
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Smartphones, Tablets, and Other Devices in the Workplace

$79.00

Most employees carry with them powerful computing devices – smartphone and tablets – that they use for mixed personal and professional use.  These devices can enhance or hinder productivity. The powerful communications capabilities of these devices enable a range of activity which potentially exposes employers to liability.  Every day employers struggle with crafting policies that allow employees autonomy to use their devise, even channel them to productive work use.  This program will provide you with a practical guide to employer liability for employee use of smart devices in the workplace and best practices to limit liability.  Drafting essential elements of employee handbooks Ensuring handbooks are not enforceable contracts and are subject to change by employers Compliance with Equal Employment Opportunity laws, including the ADA, FMLA and others Prohibition of discrimination, harassment, and other unlawful conduct – including drugs in the workplace Defining workplace policies for personal smartphones, tablets, and other devices Time off, leave of absence, and discipline and dismissal procedures Speaker: Julie Lal is an attorney in the San Francisco office of Paul Hastings, LLP, where she represents employers in all aspects of employment law.  She has substantial experience defending clients in individual and class action claims involving harassment, discrimination, and other wage and hour claims.  She also has an active preventive practice, counseling clients about best practices to avoid workplace liability.  Before entering private practice, she served as a judicial extern to Justice Carlos Moreno of the California Supreme Court.  Ms. Lal earned her B.A.,cum laude, from the University of California, Berkeley and her J.D. from the University of California, Berkeley School of Law, Boalt Hall.

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  • 60
    Minutes
  • 6/3/2022
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The Law of Background Checks: What Clients May/May Not Check

$79.00

Background checks are an exercise in risk management in hiring.  Companies want to align an applicant’s skills with the company’s job profile, reducing the likelihood the hire won’t work out or, worse yet, cause the company liability. This typically means that the employer wants as much information as possible on job candidates. But background checks themselves are fraught with potential liability. There are many categories of questions that employers may not ask applicants; and if they do ask those questions, employers open themselves to liability. There is a trend toward in legislation and common law to further limit background checks. This program will provide you with a real-world guide to what’s allowed and not allowed in background checks, and best practices for using that information and avoiding liability.   Framework of laws impacting background checks, including the Fair Credit Reporting Act What an employ may/may not ask – criminal arrest history, marital status, age, credit history, and other bases Social media background checks Potential liability (and measure of damages) for improper/discriminatory use of background checks Counseling clients about best practices in conducting/using background checks   Speaker:   Felicia Davis is an attorney in the Los Angeles office of Paul Hastings, LLP where she represents employers in all aspects of labor and employment law, including discrimination, retaliation, harassment, religious accommodation and wage and hour issues, in both single-plaintiff and class-action matters. She has also represented clients in disability access litigation under Title III. She has served as lead attorney on single and multi-plaintiff matters, successfully defending lawsuits alleging discrimination, retaliation, and wrongful discharge as well as collective bargaining agreement violations. She is a member of the ABA Labor and Employment Law Committee on Technology in the Practice and Workplace (Planning Committee). Ms. Davis received her B.A., cum laude, from Claremont McKenna College and her J.D. from the University of California at Los Angeles.  

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  • 60
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  • 5/3/2022
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Drafting Employment Agreements for Commission-based Employees

$79.00

Every organization depends on generating sales, often sales made by sales agents.  Drafting agreements for sales people is complex and unlike other employment agreements. The primary task is defining a workable sales commission and incentive structure that is durable while the sales agent works for your client and that limits legal liability and practical damage after the sales agent separates from employment.  There are also complex issues of post-employment payments, internal reporting and support, and preserving the confidentiality of proprietary employer information such as client/customer lists, pricing schedules, vendor information and more after the sales agent has departed – perhaps to a competitor. This program will provide you with a practical guide to drafting sales agents’ agreements for business clients. Commission and incentive structures – and common traps after an agent departs Differences between employee v. independent contractor sales staff Common traps employers make in including unlawful terms Wage and hour issues in commission and incentive compensation agreements Protecting client and price lists, vendor information & other sensitive information when a sales agent leaves Scope of protectable interests and practical steps required to enforce confidentiality  Speakers: Zach P. Hutton a partner in the San Francisco office of Paul Hastings, LLP, where his practice encompasses all aspects of employment law, including discrimination and harassment, wrongful termination, family and medical leaves, and wage and hour issues. He has successfully represented employers in class actions, individual plaintiff cases, labor arbitrations, and administrative hearings. He is a member of the executive committee of the Bar Association of San Francisco Labor and Employment Section and a member of the ABA Fair Labor Standards Legislation Committee. Mr. Hutton received his B.A. from the University of Wisconsin-Madison and his J.D. from the University of California, Hastings College of Law. 

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  • 60
    Minutes
  • 4/9/2022
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2019 Wage & Hour Update: New Overtime Rules

$79.00

New overtime regulations, the most sweeping in several decades, recently went into effect. These new regulations expand the number and type of workers who are entitled to overtime.  Managerial personnel and others not previously entitled to overtime are now eligible because the “salary base” has been increased. These new regulations will require a major sea-change in the practices of employers.  Failure to properly classify a worker as exempt from overtime or as non-exempt exposes employers to substantial financial liability.  This program will provide you with a real world guide to the new regulations, how they alter prior practice, best practices for avoiding liability, and a review of recent litigation surrounding the regulations.  Overview of new overtime regulations – what’s changed, what hasn’t Changes to salary basis test for salaried workers Managerial and other personnel now entitled to overtime Trends in wage-and-hour litigation/classification Annual compensation changes for high compensated employees Current status of new regulations – Texas litigation and potential changes by the new administration Best practices to avoid misclassification liability Speakers:  Shira R. Yoshor is shareholder in the Houston office of Greenburg Traurig, LLP, where her practice focuses on labor and employment matters and a wide variety of complex commercial litigation. She is experienced in representing management in virtually all aspects of labor and employment law. She regularly counsels employers on managing workplace issues, drafts employment agreements, handbooks and policies, drafts and litigates non-competition and non-disclosure agreements, and investigates claims and complaints by employees. Shira has defended individual and multi-party claims before courts and arbitrators around the country.  Ms. Yoshor received her B.A., summa cum laude, from Yeshiva University and her J.D. from the University of Chicago Law School.

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  • 60
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  • 3/5/2022
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Ownership of Ideas Created on the Job

$79.00

Ownership of “ideas” – tangible inventions, “know-how” or processes, or other tangible or intangible property – is often an area of substantial dispute between the creator/inventor and his or her employer.  Though it seems axiomatic the creator owns invention, if the invention – often very valuable property – is created on the job or using employer resources, the employer has a substantial claim to ownership. Indeed, the employee may have been hired for the purpose of creating intellectual property essential to the employer’s success.  Putting in place policies and procedures to ensure employers have clear title to this type of property is essential to avoid protracted, costly, and potentially ruinous litigation. This program will provide you with a practical guide to ownership of intellectual property created on the job.  Ownership of ideas, information, know-how and other property created on the job by employees Impact of scope of an employee’s duties on ownership of property created on the job Role of adequate compensation in protecting employer property How some property created on the job is an employee’s – not the employer’s – even if in scope of duties Essential agreements, policies, and practices to preserve employer property What to do if asserts ownership to property created on the job   Speakers:  Elen Wetzel is partner in the Seattle office of Dorsey & Whitney, LLP, where her practice focuses on patent preparation and prosecution, opinions, and counseling of clients across a variety of industries including energy, manufacturing, transportation, electronics, and e-commerce. As part of her practice, she regularly conducts invention disclosure meetings and prepares patent applications and formal correspondence with the patent office for a variety of clients.  Prior to private practice, she served in an in-house role at a larger aerospace manufacturer. By training, she is an aerospace engineer.  Ms. Wetzel earned her B.S.E., cum laude, from the University of Michigan and her J.D., cum laude, from Seattle University School of Law. Angela Morrison is a partner in the Denver office of Dorsey & Whitney, LLP, where she helps clients gain, manage, and leverage intellectual property assets in the United States and internationally. She regularly assists clients in the biotechnology, pharmaceutical, chemical, and agricultural industries. Her background is in cellular and molecular biology, including graduate work that focused on post-transcriptional modification of RNA and its effect on gene expression.  She earned her B.S. from the University of Michigan, with high distinction and honors, her M.S. from Colorado State University, and her J.D. from the University of Colorado School of Law.

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  • 60
    Minutes
  • 1/21/2022
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2019 Americans with Disabilities Act Update

$79.00

This program will provide you with a comprehensive update of important developments related to the Americans with Disabilities Act.  The program will cover case law, administrative, and practical developments related to reasonable accommodation of disabilities in the workplace.  The panel will also discuss developments related to permissible job qualification standards, determining essential job functions, and judging the workplace performance of employees subject to the ADA. This program will provide you with a wide-ranging and practical review of important ADA developments.   Review of recent case law and regulatory developments Essential functions and qualification standards Leave as a reasonable accommodation, including the EEOC’s guidance Undue hardship, including recent cases involving cost as an employer’s affirmative defense Developments related to reassignment to another job category Trends in the interactive process  Speakers: Christopher Kuczynski is Assistant Legal Counsel and Director of the Americans With Disabilities Act Policy Division at the United States Equal Employment Opportunity Commission in Washington, D.C. He supervises the development of policy guidance interpreting Title I of the ADA and advises EEOC’s field offices, Office of General Counsel, and chair and commissioners on ADA investigations and litigation.  Earlier in his career, he served as Associate Director for the White House Domestic Policy Council and as a trial attorney in the Civil Rights Division of the United States Department of Justice. Mr. Kuczynski received his B.A. from Villanova University, his J.D. from Temple Law School, and his L.L.M. from the Yale Law School. Leslie Abbott is a partner in the Los Angeles office of Paul Hastings, LLP, where she is co-vice chair of the firm’s global employment law group and co-chairs the firm’s nationwide wage and hour practice.  Her practice includes the representation of employers in all aspects of employment law, with significant expertise in wage and hour law. She has defended a significant number of class action and single plaintiff wage and hour lawsuits for nationwide employers in the last three years. She is  Fellow of the College of Labor and Employment Lawyers.  Ms. Abbott received her B.A. from the University of California at Berkeley, a diploma from the London School of Economics, and her J.D. from Loyola Law School.

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  • 60
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  • 2/22/2022
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Employee v. Independent Contractor: Tax and Employment Law Considerations

$79.00

The program will discuss the factors under each brand of law for classifying a worker the employment law and tax liability issues that attach to the classification and special issues under the new health care law. The Obama Administration?s recent rule changes on classifying independent contractors will also be covered in depth.

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  • 60
    Minutes
  • 12/12/2021
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Releasing Employees Drafting Separation Agreements

$79.00

Managing the separation of an employee from a company is as fraught with liability as hiring an employee. This program will provide you with a practical guide to negotiating structuring and drafting enforceable separation agreements with employees and managers. Among other topics the program will cover key components of a separation agreement identify risks of litigation and financial liability drafting enforceable waivers severance payments commissions for sales employees and non-solicitation non-compete provisions.

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  • 60
    Minutes
  • 11/6/2021
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