8TH NATIONAL ADVANCED FORUM ON

WAGE & HOUR CLAIMS AND CLASS ACTIONS

Thursday, October 29, 2009

About

Wage & Hour Litigation changes – large and small – will continue to come during the new administration. Attend this event to overcome the challenges practitioners are now facing in managing and preventing wage and hour issues.

According to the Department of Labor, wage and hour class actions now outnumber all other discrimination class actions combined. This past year alone saw some of the largest ever recoveries in wage and hour class actions, including a $105 million judgment following a bench trial in a barista tip pooling class action and a $60 million class action settlement for nurses’ overtime pay. In addition, you’ve no doubt heard that recently a major retailer agreed to pay in the range of half a billion dollars – between $350 million and $640 million – to settle over 60 wage and hour claims.

Add to this a new administration, which is changing wage and hour law as you know it, including new legislation, regulations, Department of Labor enforcement priorities and class action litigation trends.

In this environment, ACI’s 8th National Advanced Forum on Wage & Hour Claims and Class Actions is your best opportunity to convene with top private practice lawyers, in-house counsel, judges and others, to get expert advice, insider strategies and comprehensive updates on all the latest developments. Through an expert faculty of plaintiff and defense counsel, in-house counsel from Best Buy, Cisco Systems, The Gap, McDonald’s, Roche, Sunoco, Sun MicroSystems, and Verizon Wireless, and renowned jurists, this conference will provide you with the most relevant front-line information on:

  • Where the plaintiff’s bar is headed in the year to come
  • The implications of the Brinker case on meal and rest break claims
  • The use of experts in wage and hour litigation: How to get the most out of testimony
  • Certification and the potential decertification of class action claims
  • The increase in wage statement and tip pooling causes of action
  • Knowing when to settle and negotiating favorable settlements

With all of the recent changes, you cannot afford to miss these critical updates and informative sessions on emerging issues in the wage and hour arena.

Contents & Contributors

About

Wage & Hour Litigation changes – large and small – will continue to come during the new administration. Attend this event to overcome the challenges practitioners are now facing in managing and preventing wage and hour issues.

According to the Department of Labor, wage and hour class actions now outnumber all other discrimination class actions combined. This past year alone saw some of the largest ever recoveries in wage and hour class actions, including a $105 million judgment following a bench trial in a barista tip pooling class action and a $60 million class action settlement for nurses’ overtime pay. In addition, you’ve no doubt heard that recently a major retailer agreed to pay in the range of half a billion dollars – between $350 million and $640 million – to settle over 60 wage and hour claims.

Add to this a new administration, which is changing wage and hour law as you know it, including new legislation, regulations, Department of Labor enforcement priorities and class action litigation trends.

In this environment, ACI’s 8th National Advanced Forum on Wage & Hour Claims and Class Actions is your best opportunity to convene with top private practice lawyers, in-house counsel, judges and others, to get expert advice, insider strategies and comprehensive updates on all the latest developments. Through an expert faculty of plaintiff and defense counsel, in-house counsel from Best Buy, Cisco Systems, The Gap, McDonald’s, Roche, Sunoco, Sun MicroSystems, and Verizon Wireless, and renowned jurists, this conference will provide you with the most relevant front-line information on:

  • Where the plaintiff’s bar is headed in the year to come
  • The implications of the Brinker case on meal and rest break claims
  • The use of experts in wage and hour litigation: How to get the most out of testimony
  • Certification and the potential decertification of class action claims
  • The increase in wage statement and tip pooling causes of action
  • Knowing when to settle and negotiating favorable settlements

With all of the recent changes, you cannot afford to miss these critical updates and informative sessions on emerging issues in the wage and hour arena.

Contents & Contributors

View from the Plaintiff’s Bar: Adapting Your Litigation Strategies in Light of New and Innovative Claims
David Borgen, Partner, Goldstein, Demchak, Baller, Borger & Dardarian (Oakland, CA)
Todd Jackson, Shareholder,Lewis, Feinberg, Lee, Renaker & Jackson (Oakland, CA)

Certification and Decertification: Surveying Recent Rulings, Grounds and Results and Applying Them to Your Current Cases
Lynne Hermle, Partner, Orrick, Herrington & Sutcliffe LLP (Menlo Park, CA)

Developing and Implementing a Defensible Meal and Rest Break Policy as a Result of New Claims
Rebecca Eisen, Partner, Morgan, Lewis & Bockius LLP (San Francisco, CA)
Judith Droz Keyes, Partner, Davis, Wright Tremaine LLP (San Francisco, CA)

Exempt or Non-Exempt: Determining How Employees Are Classified in the Toughest Cases to Avoid Critical Misclassifications
Catherine A. Conway, Partner, Akin Gump Strauss Hauer & Feld, LLP (Los Angeles, CA)
Aaron Kaufmann, Partner, Hinton, Alfert & Sumner (Walnut Creek, CA)
Michael J. Loeb, Esq. JAMS (San Francisco, CA)

Winning the Key Wage and Hour Motions: What Works and What Doesn’t for Summary Judgment Motions, Motions to Strike, and Motions for Sanctions
Francis J. Ortman, III, Partner, Seyfarth Shaw LLP (San Francisco, CA)

The View From the Bench
Moderator:
Jeffrey D. Wohl, Partner, Paul Hastings Janofsky & Walker LLP (San Francisco, CA)

Working With the Department of Labor: The New Administration, New Regulations, and What It All Means for Your Practice

Hon. Paul De Camp, Partner, Jackson Lewis LLP (Washington, DC)
Former Administrator, Department of Labor Wage and Hour Division,
Betsy Johnson, Member of the Firm, Epstein Becker & Green, PC (Los Angeles, CA)

Effectively Utilizing Experts in Wage and Hour Litigation: Who to Use, What Testimony to Gather, and How to Incorporate It Into Your Case
Steven G. Zieff, PartnerRudy, Exelrod & Zieff LLP, Rudy, Exelrod & Zieff LLP (San Francisco, CA)

Settlement, ADR, Arbitration: Making the Call on Which to Do and How to Get the Best Results Once the Call Is Made
Jeffrey D. Wohl, Partner, Paul Hastings Janofsky & Walker LLP (San Francisco, CA)
Michael D. Singer, Partner, Cohelan Khoury & Singer (San Diego, CA)

Ethics in Wage and Hour Class Actions: Ensuring Appropriate Communications and Solicitations
Richard J. (Rex) Burch, Partner, Bruckner Burch PLLC (Houston, TX)



DOCUMENT TYPES: DOC PPT PDF PRESENTATIONS AVAILABLE: 11

9:30
Conference Registration
10:10
Co-Chair's Opening Remarks
- Lynne C. Hermle
Attorney
Orrick‚ Herrington & Sutcliffe LLP
-Mr. Steve Zieff
Partner
Rudy‚ Exelrod & Zieff LLP
10:20
View from the Plaintiff's Bar: Adapting Your Litigation Strategies in Light of New and Innovative Claims
Mr. David Borgen
Partner
Goldstein‚ Demchak‚ Baller‚ Borgen & Dardarian
1 file
VIEW FROM THE PLAINTIFF’S BAR: ADAPTING YOUR LITIGATION STRATEGIES IN LIGHT OF NEW AND INNOVATIVE CLAIMS
102 KB 23 pages Presentation
DOC - VIEW FROM THE PLAINTIFF’S BAR: ADAPTING YOUR LITIGATION STRATEGIES IN LIGHT OF NEW  AND INNOVATIVE CLAIMS
Mr. Todd Jackson
Partner
Lewis‚ Feinberg‚ Lee‚ Renaker & Jackson
1 file
VIEW FROM THE PLAINTIFF’S BAR: ADAPTING YOUR LITIGATION STRATEGIES IN LIGHT OF NEW AND INNOVATIVE CLAIMS
102 KB 23 pages Presentation
DOC - VIEW FROM THE PLAINTIFF’S BAR: ADAPTING YOUR LITIGATION STRATEGIES IN LIGHT OF NEW  AND INNOVATIVE CLAIMS
11:20
Morning Coffee Break
11:35
Certification and Decertification: Surveying Recent Rulings‚ Grounds and Results and Applying Them to Your Current Cases
- Lynne C. Hermle
Attorney
Orrick‚ Herrington & Sutcliffe LLP
1 file
CERTIFICATION AND DECERTIFICATION: SURVEYING RECENT RULINGS, GROUNDS AND RESULTS
297.5 KB 3 pages White Paper
DOC - CERTIFICATION AND DECERTIFICATION:  SURVEYING RECENT RULINGS, GROUNDS AND RESULTS
12:35
Networking Luncheon
13:45
Developing and Implementing a Defensible Meal and Rest Break Policy as a Result of New Claims
Ms. Rebecca Eisen
Partner
Morgan Lewis Bockius LLP
1 file
DEVELOPING AND IMPLEMENTING A DEFENSIBLE MEAL AND REST BREAK POLICY
249.5 KB 17 pages Presentation
PPT - DEVELOPING AND IMPLEMENTING A DEFENSIBLE MEAL AND REST BREAK POLICY
Ms. Judith Droz Keyes
Partner
Davis‚ Wright Tremaine LLP
1 file
DEVELOPING AND IMPLEMENTING A DEFENSIBLE MEAL AND REST BREAK POLICY
249.5 KB 17 pages Presentation
PPT - DEVELOPING AND IMPLEMENTING A DEFENSIBLE MEAL AND REST BREAK POLICY
14:45
Exempt or Non-Exempt: Determining How Employees Are Classified in the Toughest Cases to Avoid Critical Misclassifications
Ms. Catherine A. Conway
Partner
Akin‚ Gump‚ Strauss‚ Hauer & Feld
1 file
Exempt of Non Exempt
5.3 MB 5 pages White Paper
PDF - Exempt of Non Exempt
Mr. Aaron Kaufmann
Partner
Hinton‚ Alfert & Sumner
1 file
Exempt of Non Exempt
5.3 MB 5 pages White Paper
PDF - Exempt of Non Exempt
Mr. Michael Loeb‚ Esq.

JAMS
1 file
Exempt of Non Exempt
5.3 MB 5 pages White Paper
PDF - Exempt of Non Exempt
15:45
Afternoon Refreshment Break
16:00
Winning the Key Wage and Hour Motions: What Works and What Doesn't for Summary Judgment Motions‚ Motions to Strike‚ and Motions for Sanctions
Mr. Michael Rubin
Partner
Altshuler Berzon LLP
Mr. Francis J. Ortman‚ III
Partner
Seyfarth Shaw
1 file
UNited States Court
1.2 MB 10 pages White Paper
PDF - UNited States Court
17:00
Overcoming Thorny Issues that Arise When Litigating FLSA and Hybrid Claims
Mr. Lindbergh Porter‚ Jr.
Partner
Littler Mendelson‚ PC
18:00
Day One Concludes
8:00
Continental Breakfast
8:30
Co-Chair's Remarks
8:40
The View From the Bench
Hon. Suzanne Segal
U.S. Dist. Ct., C.D. Calif
Hon. Ronald Bauer
Superior Court Judge
Orange County Superior Court
The Honorable Thierry Colaw
Superior Court Judge
Orange County Superior Court
Hon. Robert Freedman
Super. Ct., Alameda Co.
Hon. Richard Kramer
San Francisco Superior Ct.
Hon. David Velasquez
Superior Court Judge
Orange County Superior Court
Mr. Jeffrey Wohl
Partner
Paul Hastings Janofsky & Walker LLP
10:15
Morning Coffee Break
10:30
In-House Counsel Rountable: Best Practices on Managing Wage and Hour Claims
-Ms. Rox Marenberg
Senior Director‚ Employment Law
Cisco Systems‚ Inc.
Ms. Emily Sullivan
Senior Counsel‚ Legal Department
The Gap‚ Inc.
Ms. Erica E. Larsen
Counsel
Sun Microsystems
Mr. Kevin Marks
General Counsel
Roche
Mary Thomas
Senior Director, Legal
Best Buy
Mr. Brett G. Rawitz
Managing Counsel‚ Global Labor and Employment Law
McDonald's Corporation
12:00
Working With the Department of Labor: The New Administration‚ New Regulations‚ and What It All Means for Your Practice
Hon. Paul De Camp
Partner
Jackson Lewis LLP
1 file
DOL In The New Administration
1.3 MB 16 pages Presentation
PPT - DOL In The New Administration
Ms. Betsy Johnson
Member of the Firm
Epstein Becker Green
1 file
Working with the Department of Labor in a Time of Change
586.5 KB 32 pages Presentation
PPT - Working with the Department of Laborin a Time of Change
12:45
Networking Luncheon
13:45
Effectively Utilizing Experts in Wage and Hour Litigation: Who to Use‚ What Testimony to Gather‚ and How to Incorporate It Into Your Case
-Mr. Steven G. Zieff
Partner
Rudy‚ Exelrod & Zieff LLP
1 file
Court
3 MB 5 pages White Paper
PDF - Court
14:30
Afternoon Refreshment Break
14:45
Settlement‚ ADR‚ Arbitration: Making the Call on Which to Do and How to Get the Best Results Once the Call Is Made
Mr. Jeffrey Wohl
Partner
Paul Hastings Janofsky & Walker LLP
1 file
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
96.2 KB 25 pages White Paper
PDF - UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Mr. Michael D. Singer
Managing Partner
Cohelan Khoury & Singer
1 file
TEN MOST IMPORTANT TERMS IN A WAGE AND HOUR CLASS ACTION MEMORANDUM OF UNDERSTANDING
24.5 KB 1 page White Paper
DOC - TEN MOST IMPORTANT TERMS IN A WAGE AND HOUR CLASS ACTION MEMORANDUM OF UNDERSTANDING
15:45
Ethics in Wage and Hour Class Actions: Ensuring Appropriate Communications and Solicitations
Richard J. Burch
Partner
Bruckner Burch PLLC
1 file
RICHARD J. (REX) BURCH – WAGE & HOUR PRESENTATIONS
58.5 KB 3 pages White Paper
DOC - RICHARD J. (REX) BURCH – WAGE & HOUR PRESENTATIONS
Mr. Matthew Righetti
Partner
Righetti Law Firm‚ PC
16:45
Conference Concludes