Day 1 - Thursday, January 26, 2017

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Opening Remarks
8:00
Views from Leading Brokers and Carriers on the Current Pulse of the EPLI Marketplace, Claims Trends, New Products, Pricing, Gaps in Coverage, Exclusions, Underwriting Considerations, the Evolution of EPL Policies and Beyond
10:30
Break
10:35
The Clients’ Perspective: Views from In-House Labor and Employment Counsel on Current Trends in the EPLI Marketplace and Current Drivers That Are Underlying the Purchase of Coverage
12:00
Keynote Address: EEOC Initiatives for 2017 and Lessons Learned from 2016
12:30
Networking Lunch for Speakers and Delegates
1:25
Significant Legal Developments from the Past Year and What’s Ahead for 2017: New Legislative Rules and Proposals, A Review of the Year’s Most Important Case Law (Including from the U.S. Supreme Court), EEOC, NLRB and DOL Trends and Their Impact on EPLI, and How the Recent Political Elections Will Affect Agency Activism and Enforcement
2:25
The Current Intersection of EPLI and Wage & Hour: Assessing the Recent Market and Coverage Needs, What Underwriters Are Looking at in Evaluating Wage & Hour Risk, Best Practices for Mitigating Exposure to Claims, Risks Associated with the New DOL Overtime and White-Collar Exemption Regulations, and What Lies Ahead in W&H Insurance?
3:15
Break
3:20
The Latest on Pregnancy/Maternity Discrimination Claims and the Intersection with the ADA/FMLA: Providing Reasonable Accommodations; Pregnancy Disability Leave Issues; the Latest EEOC Guidance on Pregnancy Discrimination and the Continued Expansion of State and Local Anti-Discrimination and Leave Requirements
4:20
The Fissured Workplace and the Expanding Scope of Joint Employer Liability: Crucial Considerations for Franchisors/Franchisees, the Continuing Fallout of the NLRB’s Browning-Ferris Decision on Who Is a Joint Employer, and Implications for Employers from a Policy Perspective
5:20
Spotlight on Pay Equity: Examining the Rise in Compensation Discrimination Claims and the Impact on EPLI
6:20
Conference Adjourns – Cocktail Reception

Day 2 - Friday, January 27, 2017

7:30
Continental Breakfast
8:00
Navigating the ADA, FMLA and Worker’s Compensation Maze: Coverage Complexities, “Hot Button” Accommodation Issues and Accessibility Claims (Including Recent Heightened Focus on Website Accessibility), and Solutions for Minimizing Exposure to Disability Discrimination/FMLA Claims
8:55
Approaching LGBT Issues in Today’s Workplace: Heightened Focus on Sexual Orientation, Gender Identity and Gender Expression Discrimination Claims
9:50
Retaliation and Whistleblower Claims: The Expanding Scope of Anti-Retaliation Provisions, Underwriting Coverage, Managing Risks Through Employment Policies/Training, Reporting Processes for Employee Complaints & Internal Investigations, Reporting Safety Violations to the NLRB and OSHA and Litigating Retaliation Lawsuits
10:45
Break
10:50
Rising Claims of Religious and National Origin Discrimination and EPLI Implications
11:45
The Tripartite Relationship Between Carriers, Insureds and Defense Counsel in EPL Insurance Claims: Navigating and Overcoming the Ethical Dilemmas and Coverage Complexities (Featuring .5 Ethics Credit)
12:45
A Tactical Tool-Kit for Negotiation, Mediation and Arbitration (Including Overseas Arbitration) of EPL Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolutions
1:35
Successfully Navigating the Intersection of Privacy, Data Protection and a Technology-Driven Workplace: The Impact of Social Media in the Workplace; Avoiding Privacy-Based Disputes and Security Breaches; the Blurred Line Between What is Work and Personal, and the Interplay of these Claims with EPLI Coverage
2:15
Conference Ends – Lunch for Workshop Participants

Day 1 - Thursday, January 26, 2017

7:15
Registration and Continental Breakfast
7:55
Co-Chairs’ Opening Remarks

Mercedes Colwin

Gordon Rees Scully Mansukhani, LLP

Patrick H. Hicks
Shareholder
Littler Mendelson P.C.

8:00
Views from Leading Brokers and Carriers on the Current Pulse of the EPLI Marketplace, Claims Trends, New Products, Pricing, Gaps in Coverage, Exclusions, Underwriting Considerations, the Evolution of EPL Policies and Beyond

BROKERS/CARRIERS PART I – 8:00

Claudine English-Tucci
Senior Counsel
NA Office of General Counsel

Chubb

Joni Mason
Vice President and National Practice Advisor
Professional Risk Practice – Risk Management Clients

Wells Fargo Insurance Services

Jeff Koonankeil
Senior Claims Specialist
Professional Lines

Cap Specialty

Brad Craner, MBA
Vice President
Zurich Specialty Wholesale

Anthony Rapa
Assistant Vice President
Claims Advocate, FINEX

Willis Towers Watson

Laura Zaroski, J.D., RPLU
Cyber, Management & Professional Liability
Socius Insurance Services

Ryan Sardelli
Vice President
OneBeacon Management Liability

Carolyn Leder
AVP | Insurance Claims Manager
Aspen Bermuda Limited

Stacy Parker
Attorney
Aon

BROKERS/CARRIERS PART II – 9:15

Rachel L. Freedman
Claim Consulting Director EPL Claims
CNA Specialty Lines

Michelle Pitcher, RPLU
Senior Vice President, Underwriter Insurance Professional Liability
XL Catlin

Julia Keenan
Vice President, Management Solutions Group, Specialty Products
Zurich North America

Rhonda Prussack
Heady of Fiduciary and Employment Practices Liability
Berkshire Hathaway Specialty Insurance

Steve Boughal CFA, FRM
VP. Chief Underwriting Officer
Hartford Financial Products

Ryan Hale
Senior Claims Examiner
Global Management Liability

Markel – Claims

Christopher J. Ziemba
Chief Claims Officer
Euclid Specialty Managers

Martetta Thompson
Specialty Claim Consultant
The Hanover Insurance Group

Kenneth L. Latham
Vice President, North America Financial Lines
Chubb

MODERATOR FOR PANEL I AND II:

Mercedes Colwin

Gordon Rees Scully Mansukhani, LLP

10:30
Break
10:35
The Clients’ Perspective: Views from In-House Labor and Employment Counsel on Current Trends in the EPLI Marketplace and Current Drivers That Are Underlying the Purchase of Coverage

Brendan Sweeney
Vice President
Deputy General Counsel, Litigation

Luxottica Group

Wanda Morris
Senior Counsel
The Home Depot

Philip Weis
Director
Senior Employment Counsel

Boehringer Ingelheim Pharmaceuticals, Inc.

Diana Wagner-Hilliard
Director EEO and Workforce Diversity
Bi-State Development

Nicole A. Groves
Director, Senior Counsel
Avon

John W. Hamlin
Chief Counsel, Employment, Benefits and Governance
Marsh & McLennan Companies, Inc.

Beth Mabe Gianopulos
Counsel, Legal Department
Wake Forest Baptist Medical Center

Kevin G. Chapman
Assistant General Counsel
Dow Jones

Patrick H. Hicks
Shareholder
Littler Mendelson P.C.

Moderator:

Brian McMillan
Shareholder
Littler Mendelson P.C.

12:00
Keynote Address: EEOC Initiatives for 2017 and Lessons Learned from 2016

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

12:30
Networking Lunch for Speakers and Delegates
1:25
Significant Legal Developments from the Past Year and What’s Ahead for 2017: New Legislative Rules and Proposals, A Review of the Year’s Most Important Case Law (Including from the U.S. Supreme Court), EEOC, NLRB and DOL Trends and Their Impact on EPLI, and How the Recent Political Elections Will Affect Agency Activism and Enforcement

Karen P. Fernbach
Regional Director
NLRB, Region 2

Ricki Roer
Partner
Wilson Elser

Andrew S. Naylor
Partner
Waller Lansden Dortch & Davis, LLP

Cassandra Jean-Baptiste
Claims Manager
Starr Adjustment Services, Inc.

  • Review of the year’s most notable court rulings involving or affecting EPL
  • Supreme court decisions on the horizon in 2017
  • The latest legislation introduced regarding fair pay
  • The latest federal and state legislation affecting EPLI claims
  • Assessing new EEOC, NLRB and DOL trends and how they are impacting EPLI and employers: new charges and lawsuits; key issues on the EEOC, NLRB and DOL current radar
  • The NLRB’s continued efforts in the non-union workplace
  • Collaborative efforts by the EEOC, NLRB and DOL: how employers can best prepare for increased coordination amongst the different agencies
  • An industry discussion of how the 2016 election results will affect the activism and enforcement efforts of the DOL, EEOC and NLRB

2:25
The Current Intersection of EPLI and Wage & Hour: Assessing the Recent Market and Coverage Needs, What Underwriters Are Looking at in Evaluating Wage & Hour Risk, Best Practices for Mitigating Exposure to Claims, Risks Associated with the New DOL Overtime and White-Collar Exemption Regulations, and What Lies Ahead in W&H Insurance?

Talene N. Megerian
Assistant Vice President
Claims Advocate, FINEX

Willis Towers Watson

Todd Aidman
Partner
Ford & Harrison LLP

Michael Scimone
Partner
Outten & Golden LLP

Michelle Pitcher, RPLU
Senior Vice President, Underwriter Insurance Professional Liability
XL Catlin

  • Assessing the rapidly increasing wage & hour exposures, and examining industry trends relating to wage & hour coverage
  • The expanding insurance marketplace for wage & hour coverage, and the narrowing of coverage under other types of EPL policies
  • What are underwriters looking at in evaluating wage & hour risk?
  • Underwriting for wage & hour coverage: scope of coverage; defense-only sub-limits; indemnity coverage; coverage limits
  • Assessing the costs and benefits of available wage & hour coverage
  • The latest risks/claims associated with the new DOL overtime and white-collar exemption regulations
  • An overview of the latest wage & hour claims trends across industries, and the next potential wave of wage & hour regulations
  • Mitigating exposure to the latest risks/claims related to: Misclassification / independent contractors / fallout from the the DOL’s latest guidance; Exempt / non-exempt employees; Minimum wage violations; Tipped employees; Off-the-clock work / BYOD (bring your own device policies) / pre-post shift activities and the continuous work day
  • The role of insurance in the defense and settlement of claims
  • What lies ahead in wage & hour insurance?

3:15
Break
3:20
The Latest on Pregnancy/Maternity Discrimination Claims and the Intersection with the ADA/FMLA: Providing Reasonable Accommodations; Pregnancy Disability Leave Issues; the Latest EEOC Guidance on Pregnancy Discrimination and the Continued Expansion of State and Local Anti-Discrimination and Leave Requirements

Philip R. Voluck
Managing Partner
Kaufman Dolowich & Voluck LLP

Eric B. Meyer
Partner
Dilworth Paxson LLP

Lisa A. Krupicka
Member
Burch, Porter & Johnson, PLLC

  • Examining the latest pregnancy discrimination issues and claims and their impact on coverage
  • The intersection of Title VII; ADA & FMLA; state discrimination laws; disability laws; wage & hour laws relating to lactation time; and state and local laws for paid and unpaid sick leave
  • ADA’s definition of pregnancy as a disability; when may pregnancy complications meet eligibility guidelines requiring employers to make accommodations?
  • Diabetes and pregnancy complications
  • New York pregnancy accommodations law as compared to other jurisdictions
  • EEOC guidance
  • Expanding state and local anti-discrimination and leave requirements
  • Defending pregnancy discrimination claims following the Young v. UPS case as the legal landscape has shifted in favor of claimants
  • Extending pregnancy benefits to fathers

4:20
The Fissured Workplace and the Expanding Scope of Joint Employer Liability: Crucial Considerations for Franchisors/Franchisees, the Continuing Fallout of the NLRB’s Browning-Ferris Decision on Who Is a Joint Employer, and Implications for Employers from a Policy Perspective

Joseph A. Starr
Partner
Starr, Butler, Alexopoulos & Stoner, PLLC

Kelly B. Thoerig
Employment Practices Liability (EPL) Coverage Leader
Marsh

Lauren L. Tafaro
Partner
Adams and Reese LLP

Thomas J. Posey
Partner
Faegre Baker Daniels LLP

  • Examining the fallout of the NLRB’s redefinition of “joint employer” in Browning-Ferris, and the decision’s implications on franchisor/franchisees, sub-contractors, and other businesses that use outsourcing or staffing agencies to supply their workers
  • The continuing uncertainty caused by the vague and overly broad joint employer standard – (e.g. what constitutes “indirect and unexercised potential control” for the purposes of finding a joint employer relationship?)
  • The latest guidance by the NLRB and EEOC
  • Advising clients on impending risks and reviewing their policies, procedures, business relationships and practices to limit their potential exposure to employment claims based on a joint employer theory
  • Red flag issues that lead to joint employer liability
  • Staffing firms and PEOs as they relate to the concept of joint employers / use of indemnity agreements
  • The current and potential impacts of the new joint employer standard on EPL underwriting, pricing, etc. / impacts on employers from a policy perspective

5:20
Spotlight on Pay Equity: Examining the Rise in Compensation Discrimination Claims and the Impact on EPLI

Christopher Williams
EPL Product Manager
Travelers Insurance

Joan M. Gilbride
Partner
Kaufman Borgeest & Ryan LLP

Sharon Gold
Partner
Wyatt, Tarrant & Combs, LLP

Karen Smyth
Partner
Lipson, Neilson, Cole Seltzer & Garin, P.C.

  • Discussion of the recent equal pay movement and an overview of the latest key legislative and regulatory developments that employers should familiarize themselves with to stay ahead of the curve
  • Examining the recently ramped up pay equity laws enacted in New York and California
  • New pay equity rules issued for federal contractors
  • What industries are being spotlighted for demonstrating the most dramatic wage gaps between men and women?
  • Evaluating exposure to claims of compensation discrimination and tips for equal pay compliance
  • The latest claims arising from pay discrimination or “glass ceiling” failure to promote cases
  • How are new state laws changing the standards to make it easier for employees to succeed on pay discrimination claims?
  • Strategies for mitigating risk of compensation discrimination
  • Impact of this on EPL coverage trends

6:20
Conference Adjourns – Cocktail Reception

Sponsored by:

Littler

Day 2 - Friday, January 27, 2017

7:30
Continental Breakfast
8:00
Navigating the ADA, FMLA and Worker’s Compensation Maze: Coverage Complexities, “Hot Button” Accommodation Issues and Accessibility Claims (Including Recent Heightened Focus on Website Accessibility), and Solutions for Minimizing Exposure to Disability Discrimination/FMLA Claims

Jeffrey Weisz
Assistant Vice President
Chubb North American Financial Lines Claims

Susan Volkert
Partner
DeCotiis, FitzPatrick & Cole, LLP

Kristen D. Perkins
Shareholder
Rogers Towers, P.A.

Joshua A. Hawks-Ladds
Member
Pullman & Comley LLC

  • Navigating the complexities involved with the intersection of the ADA, FMLA and Workers’ Compensation rules
  • Ongoing hurdles relating to ADA amendments
  • The EEOC’s continued efforts in ADA litigation
  • The latest on reasonable accommodations and satisfying the requirement to engage in the “interactive” and “deliberative” process in determining accommodations
  • The latest on what is deemed “reasonable” given the ADA’s lack of hard and fast rules
  • The rise in mental disability/accommodation claims and the unique hurdles in identifying and accommodating mental disabilities
  • The recent rise in ADA website accessibility claims (accommodations of disabilities relating to use of company websites); what to expect from DOJ’s pending website accessibility rules
  • Training employees regarding FMLA leave and accommodation

8:55
Approaching LGBT Issues in Today’s Workplace: Heightened Focus on Sexual Orientation, Gender Identity and Gender Expression Discrimination Claims

Ben Accardo
Assistant Claims Manager
Beazley Group

Brett J. Miller
Senior Attorney
Butzel Long

Storrs W. Downey
Capital Member
Bryce Downey & Lenkov LLC

Jonathan Evan Goldberg
Partner
FisherBroyles, LLP

  • Examining the latest court activity and trends involving claims of sexual orientation discrimination
  • The latest EEOC efforts to push the boundaries of Title VII so that its protections extend to cover transgender employees
  • Historic first cases filed by the EEOC alleging sexual orientation discrimination in the context of Title VII
  • Addressing issues relating to transgender employees and how to create and maintain a legally compliant and productive workplace for transgender employees and their co-workers
  • Where are the courts drawing the line between discrimination on the basis of gender stereotyping and discrimination on the basis of sexual orientation?
  • Understanding the protections afforded to LGBT employees in your particular state, and navigating such claims amidst inconsistent and uncertain legal guidelines
  • Practical guidance for employers on how to handle transgender employees within the workplace; providing accommodations and navigating unknown territory (i.e. addressing bathroom issues, HR issues, dressing and grooming policies, etc.)

9:50
Retaliation and Whistleblower Claims: The Expanding Scope of Anti-Retaliation Provisions, Underwriting Coverage, Managing Risks Through Employment Policies/Training, Reporting Processes for Employee Complaints & Internal Investigations, Reporting Safety Violations to the NLRB and OSHA and Litigating Retaliation Lawsuits

Linda G. Burwell
President
National Employment Counsel

Laura Lapidus
Management Liability Risk Control Director
CNA

Kevin J. Greene
Partner
Halloran & Sage LLP

Mark D. Dore
Partner
Mounce, Green, Myers, Safi, Paxson & Galatzan, P.C.

  • Whistleblowers becoming a bigger issue?: Recent large award under the SEC’s whistleblower program; Implications for employers
  • Implementing risk management techniques
  • Supreme Court’s expansion of who can be subject to retaliation: third party retaliation or ‘cat’s paw theory’
  • 3rd party claims of retaliation
  • Overcoming jury sympathy for employees and bias towards employers in retaliation cases
  • Preventing and minimizing punitive damages in retaliation cases
  • Interpreting “adverse action”: How broad is it?
  • Distinguishing between legitimate claims and disgruntled employees
  • Underwriting coverage in light of recent case law developments
  • Insurability of punitive damages in retaliation claims
  • FMLA and retaliation claims
  • Countering the usage of discrimination and whistleblower claims as precursors to retaliation claims
  • Preserving right to attorney’s fees under 42 U.S.C. § 1988
  • Improving the likelihood of succeeding at dismissal, summary judgment and trial
  • Reporting safety violations to NLRB and OSHA: Statement of policies agreement between the NLRB and OSHA

10:45
Break
10:50
Rising Claims of Religious and National Origin Discrimination and EPLI Implications

Joseph H. Yastrow
Partner
Laner Muchin, Ltd.

Elizabeth Johnson
Shareholder
Fowler White Burnett, P.A.

Hillary J. Raimondi
Partner
Traub Lieberman Straus & Shrewsberry LLP

Richard L. Steer
Partner
Tarter Krinsky & Drogin LLP

  • Examining the latest types of claims being brought on the basis of religious discrimination
  • Rising claims of religious and national origin discrimination against those who are, or are perceived to be, Muslim or Middle Eastern
  • What accommodations are employers expected to make when an employee’s religion affects or interferes with their employment?
  • Establishing that a religious accommodation would cause undue hardship to the employer/business
  • Addressing the recent rise in reverse religious discrimination claims; managing and litigating claims which allege that employer policies/practices favor minority religious groups
  • EEOC’s latest guidance on national origin discrimination
  • When can accent be considered a factor for employment decisions?
  • When can English fluency be considered a factor for employment decisions?
  • Can employers require foreign language fluency?
  • When are English-only rules and other restrictive language policies lawful?

11:45
The Tripartite Relationship Between Carriers, Insureds and Defense Counsel in EPL Insurance Claims: Navigating and Overcoming the Ethical Dilemmas and Coverage Complexities (Featuring .5 Ethics Credit)

Raymond Cashman Esq., CPCU
Director Management Liability and Specialty Claims
Nationwide Insurance

Thomas Lookstein
Regional Claims Manager
Starr Adjustment Services, Inc.

Kristi Mackin Galletti
Sr. Claims Specialist
AXA XL

Brian T. McMillan
Shareholder
Littler Mendelson, P.C.

  • Examining the unique ethical issues that arise from the relationship among counsel, insurer and policyholder
  • Identifying and navigating the conflicts of interest that arise as a result of the tripartite relationship
  • The dual client dilemma facing counsel retained by an insurance company to represent a policyholder – what issues does this create?
  • What strategies can counsel employ to avoid conflicts of interest resulting from the tripartite relationship?
  • Communication with plaintiffs and company employees: what’s appropriate and what’s not?
  • Addressing the coverage implications of the tripartite relationship
  • Coordinating the defense with the insured and the carrier
  • Gaining a deeper understanding of the motives and interests of both insureds and carriers when they are faced with an EPL claim
  • Carrier perspectives on working with insureds to better manage claims
  • Carrier expectations as they relate to the defense of a claim and the role of in-house and outside counsel
  • Carrier perspectives on settlement of claims and how it may differ from the insured’s perspective
  • How carriers, insureds and defense counsel can best work together to manage and defend against class actions

12:45
A Tactical Tool-Kit for Negotiation, Mediation and Arbitration (Including Overseas Arbitration) of EPL Claims: Strategies and Techniques for Engaging in Successful Alternative Dispute Resolutions

Claudia Oliveri
Claims Manager
Starr Adjustment Services, Inc.

Kenneth P. Carlson Jr.
Partner
Constangy, Brooks, Smith & Prophete, LLP

Jeffrey Hirsch
Founding Member
Kissel Hirsch & Wilmer LLP

  • Trends toward arbitration: is coverage providing for arbitration as opposed to litigation?
  • Overseas arbitration of EPLI coverage disputes: both sides of the foreign arbitration coin and tips on how to protect oneself during the process.
  • Settling collective and class actions
  • How the actual EPL policy can play a crucial role in the settlement and mediation of cases: EPL policy is an important asset, partnering with EPL carrier is to everyone’s benefit
  • Evaluating recent successes and failures in the use of ADR to resolve EPL claims: What has worked, what has not worked, and why?
  • Key break points during litigation at which to consider mediation
  • Persuading employees, employers, and carriers to attempt mediation
  • Assessing the costs of litigation: Establishing reserves; What are the costs, liabilities and actual damages; Conducting a cost/benefit analysis of your risks and your options
  • The insured-carrier dynamic: Achieving a result that is satisfactory to both parties
  • Assessing the merits of arbitration as a means of resolving a discrimination, harassment or other employment practices claim
  • Determining whether to require employees to sign mandatory, binding arbitration agreements and whether such agreements are enforceable
  • State by state settlement tendencies

1:35
Successfully Navigating the Intersection of Privacy, Data Protection and a Technology-Driven Workplace: The Impact of Social Media in the Workplace; Avoiding Privacy-Based Disputes and Security Breaches; the Blurred Line Between What is Work and Personal, and the Interplay of these Claims with EPLI Coverage

Gail Gottehrer
Partner
Akerman LLP

Joel R. Hlavaty
Partner
Frantz Ward LLP

  • EPLI coverage as it relates to the use of social media by employers and employees
  • Legislation designed to protect employees from their employers’ “intrusion” into what is already in the public realm, and the privacy-based disputes that arise from it
  • Increased focus on information privacy in the workplace, and the challenges that come with the blurred line between what is work/work time, and what is personal/personal time (social media, use of Facebook/LinkedIn, Bring Your Own Device policies, etc.)
  • Social media use in the hiring process; limitations on the use of background checks
  • Pitfalls to avoid when using social media to screen potential and current employees; minimizing exposure to potential privacy and discrimination claims; best practices regarding accessing information that would otherwise not be readily available to an employer
  • EEOC policies regarding social media
  • NLRB guidance on social media and continued scrutiny over employers’ practices that “chill” concerted activity
  • Retaliation claims for terminating an employee for complaints based on social media
  • Cyber security issues / risks related to transfers of sensitive personnel information
  • The challenges of complying with an intricate web of federal, state, local and international privacy and data protection laws
  • Tips and best practices for: Reducing the risk of workplace security breach / responding appropriately when one occurs; Developing appropriate policies to regulate the use of the latest technologies that impact the workplace, including social media, location tracking, data loss prevention software, and e-mail and internet monitoring
  • Using social media as evidence and e-discovery challenges/implications

2:15
Conference Ends – Lunch for Workshop Participants