Agenda

Day 1 - Wednesday, February 10, 2021

10:00	Opening Remarks from the Co-Chairs
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
11:15	COVID-19: YOUR UPDATED COMPLIANCE Part II — The Pandemic Litigation Fallout: Critical Takeaways on Evolving Discrimination, Disability, Sick Leave and Wrongful Termination Claims
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
2:00	Plaintiff Attorney Perspectives
2:45	Break
3:15	Keynote
3:45	PAGA-Wage and Hour Policies in California: The Finer Points of Employee vs. Independent Contractor Classification
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
5:30	Strategy Session & “War Stories”: Procedural Hurdles and Decision-Making for In-Person and Remote Arbitration and Trials
6:15	Conference Concludes

Day 1 - Wednesday, February 10, 2021

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 John W. Hamlin Chief Counsel, Employment, Benefits and Governance Marsh & McLennan Companies, Inc. 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 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. Stephanie Hart Senior Vice President & Deputy General Counsel Freeman Company Ellen S. Malasky Assistant General Counsel Florida Power & Light Company Moderator: Cheryl D. Orr Partner Faegre Drinker Biddle & Reath LLP
2:00	Plaintiff Attorney Perspectives
2:45	Break
3:15	Keynote
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 Keith Chapman Associate General Counsel, Litigation & Public Policy Postmates, Inc. 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. Sharonda P. Mills Group Vice President, Employment Law & Labor Relations Group Wyndham Destinations 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