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ACI’s Forum on International Labor & Employment Law

September 18th, 2012
in Employment & Benefits, Legal Conferences, Litigation |

 When: Monday, October 29 to Tuesday, October 30, 2012

Where: The Carlton Hotel, New York, NY, USA

ACI’s Forum on International Labor & Employment Law has been specifically designed to provide both in-house and outside counsel for multinational corporations with everything that they need to know to handle the multitude of international labor and employment issues confronting them.  Our unparalleled international speaker faculty will provide attendees with key insights for managing and overcoming the most difficult challenges and mastering the nuances inherent in international employment law.

We’ve polled the audience, and below are the 7 top issues that international labor and employment professionals are facing and which will be a focus of the conference:

  • Reducing exposure to lawsuits arising from hiring and firing
  • Drafting and enforcing cross-border restrictive covenants with confidence
  • Protecting data and privacy, including cross-border investigations and employee social media activity
  • Conducting successful reductions in force, mergers and acquisitions across borders
  • Effectively managing expat assignments, including benefits and tax considerations
  • Implementing global corporate social responsibility initiatives without increasing exposure to litigation
  • Overcoming the hurdles associated with extraterritorial enforcement of U.S. discrimination and whistleblower laws

This year’s International Labor & Employment Law conference has been tailored to address the needs of in-house and outside employment counsel for multinational corporations.  Plus, don’t miss out on an unparalleled international faculty from more than 20 cities world-wide and networking opportunities with in-house counsel from multinational corporations including:

FedEx Corporation, Halliburton, Northrop Grumman, McDonald’s, Toyota Tsusho America, Reed Elsevier, Goldman, Sachs & Co., BNP Paribas
Hill-Rom, ServiceMaster, Marsh & McLennan, Credit Suisse
…and many other companies in the audience as well!

Join us in New York on October 29-30 at the beautiful Carlton Hotel on Madison Avenue.  When registering, don’t miss out on the in-depth pre and post-conference workshops.

Pre-Conference Workshop • Sunday, October 28, 2012 • 3:00p.m. – 5:30p.m.
Employment Law Primer on the International Reach of Title VII, ADA, and ADEA
Post-Conference Workshop • Tuesday, October 30, 2012 • 2:45p.m. – 5:15p.m.
An In-Depth Look at the Hotbed of Continental Europe and the UK

Learn more about the conference workshops

ACI’s 5th National Forum on ERISA Litigation

September 17th, 2012
in Employment & Benefits, Legal Conferences, Litigation |

 When: Monday, October 29 to Tuesday, October 30, 2012

Where: New York Marriott Downtown, New York, NY, USA

ERISA defense counsel are facing a growing number of claims from an increasingly sophisticated plaintiffs’ bar. It is essential that defense counsel are prepared for these new and emerging claims and fully up-to-date on which defense strategies are working and which are not.

This October, the country’s leading ERISA litigation attorneys, expert in-house counsel, and renowned federal judges from around the nation will congregate in New York for the 5th National Forum on ERISA Litigation – make sure that you do not miss out!  

Registrations are far outpacing all previous iterations of this event and the October conference is on pace to be our largest yet.  This is no doubt due in large part to our unparalleled speaker faculty combined with the mounting pressures on defense counsel from an uptick in ERISA claims. 

If you haven’t already registered, here are 4 reasons why you must register today:

1. Hear firsthand from 20 renowned judges, representing courts located in 8 circuits

2. Benchmark and network with more than 25 in-house industry experts, from firms including:

AIG
Blue Cross/Blue Shield
Chartis
Chubb
Crawford & Co.
       Deere & Co.
Del Monte
Fidelity Investments
Honeywell
Kraft Foods Group
       Procter & Gamble
Prudential
Target
Wells Fargo
W.R. Grace & Co.

3. Your clients and colleagues have already registered – you do not want to fall behind the curve!

4. Receive up-to-the minute strategic advice and critical insights on key ERISA topics, including:

  • PPACA and its impact on ERISA administration and litigation
  • Cigna v. Amara revisited: assess the repercussions of this landmark case and its progen
  • ERISA fiduciary litigation: new and emerging theories of liability, their impact on defense strategies, minimizing exposure to fiduciary liability, and defending against a DOL investigatio
  • Emerging trends in stock drop and ESOP litigation, the 404(c) safe harbor provisions, and new theories of liability relating to investment decisions in defined benefit plan
  • 401(k) fee cases: current litigation trends, evolving defense strategies, reaction to Tussey v. ABB, Inc., and new DOL disclosure rule
  • Benefits litigation: defeating the latest claims, overcoming evidentiary issues in ‘conflict’ situations, and mor
  • Service providers: ensuring adequate communication with service providers and managing litigation that arises between plan sponsors and service provider
  • Fiduciary liability insurance: ensuring adequate coverage and assessing its impact on settlement considerations
  • Winning the procedural battle in ERISA litigation: new procedural developments and how to use them to your advantage or minimize their negative impact on your case

EEOC Broadens the Scope of Title VII

September 4th, 2012
in Employment & Benefits, Expert Guest Blog Entries, Litigation |

Expert Article by Jaime A. Maurer

An area of employment law that has been gaining increased attention from the Equal Employment Opportunity Commission (“EEOC”) in recent times are lesbian, gay, bisexual and transgender (“LGBT”) issues. In particular, the EEOC has recently adopted certain shifts in policies to find sexual orientation and gender identity coverage under Title VII. The rationale for finding such coverage is twofold: (i) the conduct at issue is discriminatory because of sex and (ii) the conduct is discriminatory because the employer uses gender stereotypes. Interestingly, the EEOC is not only reviewing LGBT Charges of Discrimination, but is actively soliciting the filing of such Charges.

Most recently, in Mia Macy v. Eric Holder (Appeal No. 0120120821, April 20, 2012), Macy, a male veteran police detective with an extensive law enforcement background, applied for a position with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Macy was informed that he would be hired pending a background check. During the background check process, Macy informed ATF that he was in the process of transitioning from male to female. A few days later, Macy was notified that the position was no longer available due to budget reductions, when, in fact, another person had been hired for that position.

Macy filed a complaint with the EEOC against ATF alleging discrimination on the basis of “gender identity” and “sex stereotyping.” The EEOC found that employment discrimination against transgender individuals is a form of sex discrimination under Title VII and, in doing so, the EEOC clarified that “claims of discrimination based on transgender status, also referred to as claims of discrimination based on gender identity, are cognizable under Title VII’s sex discrimination prohibition . . . .”

Although not binding on courts, this decision and larger approach by the EEOC will be given great deference when courts assess the scope and breadth of discrimination claims based upon sex under Title VII. As such, employers should be mindful of this new development, stay abreast of local laws, maintain an open dialogue with employees on these issues, and provide information and training when appropriate to ensure that staff understand the implications of their actions with regard to members of the LGBT community.

Randy M. Mastro

June 3rd, 2012
in Law Firm Management, Legal Conferences, Litigation |

 

 

 

 

 

 

Randy M. Mastro is Co-Chair of the Firm’s Litigation Practice Group, which The American Lawyer named “The Litigation Department of the Year” for the second time in a row.  He also Co-Chairs the Firm’s Crisis Management Group, and serves on the Firm’s Management and Executive Committees.  He routinely ranks among New York’s leading litigators and trial lawyers in surveys of corporate counsel and other practitioners.  In Chambers USA, he has been praised for his “exceptional public reputation” as a “tough, smart,” “outstanding” litigator who “delivers fantastically well in court” and is “unafraid” of challenging cases.  In The Legal 500 – USEdition, he has been featured among the “leading trial lawyers” in the country, with corporate counsel saying he is “immensely impressive,”  “simply excellent,” “flawless,” “captivating,” and in “a league of his own” in the courtroom, and “deserves an Academy Award” for “bringing a sense of drama and theater to his courtroom appearances.”  Benchmark Litigation’s Guide to America’s Leading Litigation Firms and Attorneys has recognized him as a “brilliant and effective” “Litigation Star” who “always brings a fresh perspective and will fight you to the end,” with one peer joking, “You do not want to meet Randy down a dark alley.  But you REALLY don’t want to meet him in a lighted courtroom.”  And, Lawdragon Magazine has repeatedly cited him among the “500 Leading Lawyers in America.”  The New York Times has called him “the go-to lawyer for companies” suing the government, a “household name,” and a “fierce and combative litigator;” and the New Yorker has described him as a “merciless litigator,” “even by the pugilistic standards of the New York bar,” who “springs to life” and “is transfixing” in “the courtroom.”  Among many high-profile matters, Mr. Mastro led the successful effort to defeat the City’s controversial West Side Stadium project, and he is currently representing Chevron in seeking to prevent enforcement of an $18 billion Ecuadorian judgment.  He has tried dozens of cases in private practice and as a federal prosecutor in the Southern District of New York, and he has also argued more than 80 appeals in federal and state appellate courts throughout the country.

Expert Articles

Contact Randy M. Mastro

Partner

rmastro
T: +1 212.351.3825
F: +1 212.351.5219
New York Office
200 Park Avenue
New York, NY 10166-0193
USA

 

 

Denise L. Wheeler

May 7th, 2012
in Employment & Benefits, Expert Guest Blog Entries, Legal Conferences, Litigation |

Biography

Ms. Wheeler is a Board Certified Labor and Employment Lawyer whose practice focuses on representing employers in all types of employment law issues. She has extensive experience in defending employers in lawsuits brought by employees in both state and federal courts involving discrimination laws, employment contracts, wage and hour claims, non-compete issues, wrongful termination, retaliation, whistle blower, employee benefits, union and collective bargaining issues, OSHA, minimum wage and overtime claims and general personnel matters. Ms. Wheeler also counsels management in preventive measures, handbooks and policies, liability avoidance, documentation and employee discipline advice, investigations, training, and compliance with federal, state and local employment laws.

Ms. Wheeler has represented both health care providers and hospitals throughout Florida in defending claims brought by employees including claims for harassment, discrimination, unpaid compensation, breach of contract issues and non-compete issues. She has also worked extensively with clients in this industry to proactively prevent litigation by providing training, advice on discipline and drafting contract, polices and handbooks.

Accomplishments

AV® Preeminent™ rating from Martindale-Hubbell Law Directory

Florida Bar Board Certified, Labor and Employment Law

Nation’s Most Powerful Employment Attorneys – Up-And-Comers, Human Resource Executive Magazine (2011)

Florida Legal Elite, Florida Trend Magazine (2006, 2009); ranked in the top 2% of practicing Florida Bar Members

Selected as a “Florida Super Lawyer” (2006-2011); listed as one of the Top 50 Female Lawyers (2007, 2010, 2011)

40 Under 40, Gulf Coast Business Review (2006)

Named to The Best Lawyers in America® for Employment Law – Management (2010 & 2011); Civil Rights Law (2012)

Professional Affiliations

Lee County Association for Women Lawyers – Vice President (2005-2006), President (2006-2008)

Lee County Bar Association

Federal Bar Association

Academy of Florida Management Attorneys

United States District Court, Middle District, Grievance Committee

American Bar Association, Employment Law Section

Community Affiliations

Voices for Kids of Southwest Florida, Board of Directors (2009-present)

Horizon Council, Member-At-Large (2007-2009)

Ave Maria School of Law, Member, Leadership Council (2008)

United Way of Lee, Hendry and Glades County, Board of Directors

Expert Article

Contact Denise L. Wheeler

Phone: (239) 338-4259

Fax: (239) 337-0970

Email:  dwheeler@ralaw.com

 

Authorization of Diagnostic Testing Does Not Support the Continued Payment of Temporary Total Disability Compensation

May 4th, 2012
in Expert Guest Blog Entries, Legal Conferences, Litigation |

Expert Article by Brian A. Tarian 

In State ex rel. Huffman v. Industrial Commission, 2012-Ohio-1609, the claimant argued that he was entitled to the extension of temporary total disability (TTD) compensation based upon the authorization by the Industrial Commission of Ohio of diagnostic testing recommended by the claimant’s physicians to further medically treat him for an injury in an allowed claim.

At the time of this authorization, the Ohio Bureau of Workers’ Compensation (BWC) was requesting that the claimant be declared to have reached maximum medical improvement under the allowed conditions at that time. The claimant argued that termination of TTD compensation would be premature in light of this authorization,  and that he was entitled to continued TTD compensation during the course of this testing.

 The Tenth District Court of Appeals disagreed with the claimant’s rationale, citing State ex rel. Jackson Tube Serv., Inc. v. Indus. Comm., 2003-Ohio-2259, where the claimant was entitled  to the continued payment of TTD compensation only if the claimant’s allowed conditions had not reached maximum medical improvement. The Tenth District Court of Appeals relied upon the Industrial Commission’s finding that the claimant in this case had reached maximum improvement for the allowed conditions. State ex rel. Jackson Tube Serv., Inc. v. Indus. Comm. does not support the continued payment of TTD compensation under these circumstances. Also, the court held that if the testing showed the existence of new medical conditions, the payment of TTD compensation during the process of the testing to determine these conditions would not be permitted as these conditions would not yet be allowed in the claim.

 It has been the common practice before the Industrial Commission of Ohio that if any additional medical treatment is authorized  the termination of TTD is not indicated. State ex rel. Jackson Tube Servs., v. Indus. Comm. instructs the Ohio BWC and Industrial Commission of Ohio that only treatment of the allowed conditions supports the payment of TTD so long as the claimant has not been declared to have reached maximum medical improvement for these conditions.

Brian A. Tarian

May 3rd, 2012
in Expert Guest Blog Entries, Law Firm Management, Legal Conferences, Litigation |

 Biography

Mr. Tarian focuses his practice on various aspects of workers’ compensation law and
regularly attends hearings before the Industrial Commission. His clients have included
businesses in the automotive and health care industries, as well as retail stores.

 

 

PRACTICE AREAS
Employment Services
Workers’ Compensation
Health Law
INDUSTRY EXPERIENCE
Automotive
Construction & Building Materials
Transportation
Retail
REPRESENTATIVE MATTERS
Entire professional experience is in Workers’ Compensation
Attended hearings before all levels of the Industrial Commission
PROFESSIONAL AFFILIATIONS
Ohio State Bar Association, Workers’ Compensation Committee
Columbus Bar Association
Central Ohio Self-Insurers Association
BAR ADMISSIONS
Ohio
EDUCATION
1982 J.D., The University of Akron, School of Law
1977 B.A., Georgetown University

Expert Article

 

Contact Brian A. Tarian

Phone: (614) 723-2028
Fax: (614) 463-9792
Email: btarian@ralaw.com

LPL/Legal Malpractice Claims & Litigation

April 6th, 2012
in Law Firm Management, Litigation |

Continuing fallout from the implosion of the real estate market, the wave of bankruptcies and Ponzi schemes and the broader state of the economy has led to increasing lawsuits against attorneys by frustrated clients.

Additionally, the use of electronic communication, cloud computing and social media brings new retention, network security and privacy risks. Attorneys and law fi rms must stay ahead of the curve to avoid unnecessary exposure to risk and successfully defend against the newest deluge of legal malpractice claims.

ACI’s Advanced Forum on LPL/Legal Malpractice Claims and Litigation is designed to offer insurers, brokers, attorneys and other risk management professionals valuable insight into how to prevent, manage and defend against the most current legal malpractice claims. Get the inside scoop from judges on the latest malpractice claims brought against attorneys as well as from leaders in the insurance industry, including in-house professionals from:CNA Insurance, Swiss Re America Holding Corp., Willis Group, ECC Insurance Brokers, OneBeacon Professional Insurance, Marsh USA, Endurance Service Ltd., Ahern Insurance, Aspen Specialty Insurance Co., Allied World National Assurance Co. and many more.

By attending the conference, you will:

  • Gain valuable strategies from major corporations as they provide insight into the changing relationship between companies and their outside counsel
  • Hear directly from 7 federal and state judges, and get their views on the most common legal malpractice claims they are seeing and how to improve your litigation strategy
  • Ensure protection against emerging areas of risk and understand the latest trends in claims, coverage and underwriting from a panel of expert insurance professionals

Plus, maximize your attendance by also registering for the pre/post-conference in depth focus sessions

A. Defeating the Unknown Factor: A Hands-On Examination of the Specifi c Risks and Claims for 2012, What They Mean for the LPL/Legal Malpractice Practice and Their Impact on the Litigation Landscape

B. A Practical Due Diligence Checklist on Preventing the Most
Common Attorney Errors in Civil Litigation

Construction Litigation

January 30th, 2012
in Legal Conferences, Litigation |

Led by an unparalleled faculty of in-house counsel, insurance professionals, top litigators and renowned jurists, ACI’s premier CONSTRUCTION LITIGATION conference will shape the future of the industry for today’s leading professionals.

The issues facing the construction industry have never been as complex as they are now. The economy has severely hampered new project development and the completion of existing projects, bankruptcies and collapsed companies have become obstacles to getting paid, and parent companies, insurers and sureties are being brought into claims just for their deep pockets. With every dollar essentially being worth more, construction litigation is on the rise. Industry players have never been so reliant on their attorneys to help keep their companies above water.

With a multitude of various players involved in every project, determining the cause of delays and defects can often seem impossible. Add this to the layers and layers of insurance coverage and the factors involved in litigating and resolving construction cases just become more complex.

The ability to understand and navigate these various issues are essential elements to handling construction cases. With all of these factors, counsel are fighting an uphill battle from the very start. As such, there has never been a more important time for the industry to convene and trade valuable pointers and insights on the most current strategies and techniques for defending and managing construction litigation.

In response, American Conference Institute is proud to introduce its premier installment of the essential forum that will shape the future of litigation strategies for attorneys, in-house counsel from companies working as builders, general contractors, owners, subcontractors and design professionals, claims professionals and counsel from insurance companies:National Advanced Conference on CONSTRUCTION LITIGATION. Renowned judges, leading outside counsel and in-house professionals will provide even the most seasoned professionals with the clarity and certainty needed to remain ahead of the curve on today’s key issues needed to vigorously represent your clients.

This conference offers unique opportunities for law fi rm litigators to learn from some of the best in the industry and for in-house counsel and risk managers to gain expertise in evaluating litigation strategies and bring valuable tactics back to their legal departments. The event will also offer tremendous networking opportunities with senior practitioners in the field.

Credit Report In Employment Discrimination

November 9th, 2010
in Employment & Benefits, Litigation, Surveys and Polls |

The volume of employment discrimination litigation has greatly increased over the last few years with no signs of slowing down. The cases are complex and the stakes involved for defendants are exceptionally high. The best plaintiff attorneys are involved in these cases and the defense bar is seeing more and more class actions and collective claims. In defending and managing these complex claims, counsel for management face a distinct uphill battle. As a result of this uphill battle, There is simply no room for error in the defense of these claims.

60 percent of employers run credit checks on job applicants

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