Day 1 - Thursday, August 20, 2020

10:00
Opening Remarks from the Co-Chairs

Cheryl D. Orr
Partner
Faegre Drinker Biddle & Reath LLP

A. Craig Cleland
Shareholder
Ogletree Deakins Nash Smoak & Stewart PC

10:15

COVID-19: YOUR UPDATED COMPLIANCE, RISK AND LITIGATION ROADMAP

Part I — Resolving “Return to Work” Dilemmas: Employee Health & Safety, Tracking, Whistleblower Complaints-and the Costs of Getting Them Wrong

Alexander Wood
Legal Director, Employment Law
PepsiCo, Inc.

Patty Cousins
Vice President & Assistant General Counsel / Employment Law Group Leader
Marriott International

Katherine A. Roberts
Partner
Sidley Austin LLP

During this two-part section, in-house and outside counsel will share real-world guidance, analysis and concrete examples of managing the new reality of risk and litigation confronting employers.

Toward ensuring a meaningful, interactive discussion, audience members will be invited to participate in anonymous polling on sensitive, hot button issues. Expert faculty members will provide helpful insights on the polling results. A worthwhile opportunity benchmark with in-house counsel and private practitioners involved in some of the most significant matters to date.

  • Determining if, when and how to request that employees return to work
  • Developing a national strategy while incorporating state-specific requirements
  • Responding to employee concerns and whistleblower complaints
  • PPE and more accommodations: Guidance for accommodating remote vs. in-person employees
  • How far can you go with employee tracking: The person lengths and limits of taking temperatures and leveraging other screening mechanisms
  • What is an employer’s exposure if an employee is exposed to the virus or becomes symptomatic?
  • Getting it wrong: Perspectives on expanding, new types of litigation risks-and what’s coming down the pipeline

11:15

COVID-19: YOUR UPDATED COMPLIANCE, RISK AND LITIGATION ROADMAP

Part II — The Pandemic Litigation Fallout: Critical Takeaways on Evolving Discrimination, Disability, Sick Leave and Wrongful Termination Claims

Katherine V.A. Smith
Partner
Gibson Dunn & Crutcher LLP

Mandana Massoumi
Partner
Manatt, Phelps & Phillips LLP (Costa Mesa, CA)

In the wake of mass layoffs, furloughs, disability and sick leave claims, leading practitioners will dissect the latest, new trends in litigation, and what is coming down the pipeline. Speakers will delve into the new and mainstay high stakes matters keeping counsel up at night.

12:15
Break
1:15
In-House Perspectives & Benchmarking: How Multinational Employers Are Revisiting Litigation Strategies, Costs, Priorities and Settlements in the U.S. and Globally

Philip I. Weis
Director & Sr. Employment Counsel
Boehringer Ingelheim Pharmaceuticals, Inc.

Moderator:

Cheryl D. Orr
Partner
Faegre Drinker Biddle & Reath LLP

2:00
Plaintiff Attorney Perspectives
2:45
Break
3:15
EEOC Remarks

Victoria A. Lipnic
Commissioner
U.S. Equal Employment Opportunity Commission

3:45
PAGA-Wage and Hour Policies in California: The Finer Points of Employee vs. Independent Contractor Classification

Julie A. Totten
Partner
Orrick, Herrington & Sutcliffe LLP

Cory J. King
Partner
FordHarrison LLP

Cheryl D. Orr
Partner
Faegre Drinker Biddle & Reath LLP

  • Advising employers: Perspectives on the continuing aftermath of Dynamex Operations West v. Superior Court of Los
  • Status and impact of recent litigation under the Private Attorney General’s Act
  • How the latest trends in PAGA claims are affecting risk and exposure
  • The plaintiffs’ bar use of PAGA to circumvent class action rules
  • The impact of PAGA on independent contractor wage and hour cases
  • How penalties are now being calculated for PAGA violations
  • How other states are looking to emulate PAGA standards
  • The finer points of reclassifying employees after the Dynamex ruling
  • Comparing the standards for the “ABC” test compared to the “Borello” test
  • Where does the NLRB stand on this?

4:30
Break
4:45

Case Study and Anonymous Audience Polling

Racial, Gender and LGBTQ Bias in the Workplace: The Unwritten Rules for Addressing Highly Sensitive Challenges

Stephanie L. Adler-Paindiris
Principal
Jackson Lewis P.C.

During this practical, interactive session, experts will work through a series of hypothetical scenarios on high stakes issues. Participants will be able to compare their approaches, and share candid feedback on an anonymous basis, and gain the latest best practices.

5:30
Strategy Session & “War Stories”: Procedural Hurdles and Decision-Making for In-Person and Remote Arbitration and Trials

Gerald L. Maatman, Jr.
Partner
Seyfarth Shaw LLP

A. Craig Cleland
Shareholder
Ogletree Deakins Nash Smoak & Stewart PC

During this session, you will benefit from valuable insights on how to approach high stakes procedural decision-making. With so much on the line, ensure that you are up-to-speed on critical missteps that can derail your case.

  • Arbitration
    • Class action waivers
    • Handling motions to compel arbitrations
    • Enforceability of class action waivers
    • Managing arbitration matters vs. court or jury trial
    • Consolidation clauses
  • The grey areas of statutes of limitations
  • Preparing and working with expert witnesses
  • Lessons on managing the dynamics of remote litigation:
    • Oral arguments
    • Depositions
    • Discovery
    • Case management conferences
    • Reading facial expressions and body language

6:15
Conference Concludes