Employment Practices Liability Insurance

January 23 – 24, 2024

2023 Agenda

Day 1 - Tuesday, January 24, 2023

8:45	Co-Chairs’ Opening Remarks
9:00	The Return to Work: Addressing Evolving Risks Around Operations in a Multi-Generational, Employee-Powered Environment
10:00	EPLI Claims Trends Amid Remote/Hybrid Work and an Employee-Empowered Landscape: Accommodations, Retaliations, and New Categories of Employment Litigation
11:15	Extended Networking Break
11:45	Marijuana in the Workplace: Key Takeaways for Multi-Jurisdictional Marijuana Compliance
12:45	Networking Luncheon
2:00	INTERVIEW WITH THE EEOC
2:45	New Hurdles to Managing Whistleblower Claims in an Employee Empowered Environment: The Latest and Greatest in Defense Strategies for Public vs. Private Claims
3:30	Break
3:45	Cyber Security, IP and Proprietary Risks: Their Interplay with a Remote/Hybrid Work Workforce
4:45	The View from the Plaintiff’s Bar: The Latest Trends and Claims Coming Down the Pipeline
5:30	Cocktail Reception Sponsored by

Day 2 - Wednesday, January 25, 2023

9:00	Co-Chairs’ Opening Remarks
9:05	General Counsel Panel: Perspectives on Pressing, High Stakes Issues at the Forefront
10:00	Political Speech in the Workplace: Critical Updates Around Dobbs vs. Jackson and Union/Non-Union Employee Posturing
11:00	Break
11:15	Remote Workforce Monitoring: Avoiding Micro-Surveillance and Knowing the Laws and Potential Pitfalls Surrounding Its Use
12:15	Special Interview with the NLRB
12:45	Lunch
1:15	Pay Equity and Transparency: Dissecting Recent Defense Wins/Losses and The Lesser-Known Lessons for Addressing Wage Disparities
2:15	Diversity, Equity and Inclusion: Return to Work through a DE&I lens
3:15	Close of Conference

Day 1 - Tuesday, January 24, 2023

8:45	Co-Chairs’ Opening Remarks Mercedes Colwin Partner Gordon Rees Scully Mansukhani LLP John W. Hamlin, Esq. Chief Counsel, Employment, Benefits and Governance Marsh & McLennan Companies, Inc.
9:00	The Return to Work: Addressing Evolving Risks Around Operations in a Multi-Generational, Employee-Powered Environment Magdalen Bickford Member, Chair Labor and Employment Group McGlinchey Stafford Claudine R. English, Esq. Vice President, Employment Practices Liability, Crime, and Fidelity Product Officer Financial Lines-Technical Underwriting Zurich North America Marjory Robertson Assistant Vice President & Senior Counsel Sun Life Financial Alexander Wood Legal Director, Employment Law PepsiCo Employers, insurance companies, underwriters & brokers are all continuing to reevaluate a return to work amid the new-normal of the post-COVID workplace and workforce. What are the vagaries of today’s return-to-office, hybrid, and fully remote workforce models and how are employers successfully updating employee protocols and reengaging with a more employee-empowered workforce? The new normal of the hybrid/remote workforce The importance of addressing mental health of the workforce post-pandemic: Policies and protocols for managers Navigating the pros and cons of remote supervision Piloting increased cyber risks Managing tax implications for cross-border remote workers The new world of remote work etiquette and harassment claims how to tackle them quickly Dress Harassment: Defining “inappropriate actions” in a remote world Manager training programs Keeping remote workers feeling invested and valued in an employee-empowered environment Creating clear return to the office programs: Who’s required to be in the office and why How do you restrict remote work without losing employee engagement/motivation? Managing and mitigating ADA claims for those employees who wish to remain remote The future of vaccination policies, ensuring health and safety while meeting accommodation requirements
10:00	EPLI Claims Trends Amid Remote/Hybrid Work and an Employee-Empowered Landscape: Accommodations, Retaliations, and New Categories of Employment Litigation Harry Coleman, FLMI Director, Head of Structured Settlements Product MetLife Thomas Hams Managing Director, National EPLI Practice Leader Aon Joni F. Mason Partner, Senior Vice President, National Practice Leader-Claims USI Insurance Services Rhonda Prussack Senior Vice President and Head of Fiduciary and Employment Practices Liability Berkshire Hathaway Specialty Insurance Two years in, has the pandemic spurred any novel employment-related litigation tools? How is the EPLI market evolving around the latest claims and trends? Are companies asking the right questions around their policies? Litigation around pay compensation for onsite health screenings US DOL guidelines Fair Labor Standards Act guidelines Case studies out of CA Reimbursing employees for costs of equipment and utilities used while working from home: State litigation trends Disability discrimination and leave-related cases EEOC’s assessment of the continued viability of remote work ADA claims around website accessibility Mental health Claims surfacing around inadequate office pandemic prevention protocols The latest in religion and race-related retaliation Politically-related claims trends Worker Adjustment and Retraining Notification Act (WARN) and state equivalents: 5th U.S. Circuit Court of Appeals decision Effective early case assessments: Predicting value of claim if litigated Defining costs of claim Resolving claims early: What do you need to know within the first 60 days Lump sum versus periodic payment settlements Strong negotiation tool that can help save time and money Avoid potential large verdict and accompanying publicity Due to increased risks, are carriers exiting certain classes of business? Are there any new carriers in the market? CASE STUDY Efficient Strategies for Your Settlements: Periodic Payments Versus Lump Sum The payout from a settlement can have vastly different tax consequences for the claimant depending on how it is structured. A periodic payment solution to pay out over time can lower the cost of claims while deferring and spreading the tax liability for the claimant. In this presentation, we will discuss the advantages of periodic payments versus a cash release and highlight a case example.
11:15	Extended Networking Break
11:45	Marijuana in the Workplace: Key Takeaways for Multi-Jurisdictional Marijuana Compliance Lyndsay M. Ganz Senior Claims Specialist, Counsel, Management Liability Claims Markel Heidi Urness Partner McGlinchey Stafford PLLC Where do employers currently stand around marijuana testing and compliance risk management? This session will scan a patchwork of US marijuana legalization developments as well as how some employers are creating more relaxed marijuana in the workplace policies amid such a piecemeal regulatory environment. Medical marijuana expands across the Southeast and Midwest Mississippi Medical Cannabis Act California mulls lawful off-duty use: Indirect employment protections New York: Uncertainty surrounding how Section 201-d protections interact with the Marijuana Regulation and Taxation Act (MRTA) Washington D.C. B24-0109 To what extent are claims on the rise: Setting the record straight on the present and future of liability risks
12:45	Networking Luncheon
2:00	INTERVIEW WITH THE EEOC Keith E. Sonderling Commissioner EEOC Moderator: Bradford Newman Partner Baker McKenzie
2:45	New Hurdles to Managing Whistleblower Claims in an Employee Empowered Environment: The Latest and Greatest in Defense Strategies for Public vs. Private Claims Steven Pearlman Partner, Co-Head, Whistleblowing & Retaliation Group Proskauer Rose LLP Jason Zuckerman Principal Zuckerman Law Developments in Sarbanes-Oxley whistleblower retaliation law The constantly evolving standard for protected activity How courts are applying causation standards Trends in state whistleblower laws CA relaxes its standard for proving whistleblower retaliation NY expands whistleblower protections in Section 740 The SEC’s renewed focus on preventing employers from impeding whistleblowing through confidentiality agreements The new normal of the workplace: Risk and compliance, training and policy management Updating investigative strategies and internal policies for whistleblower claims Defending claims based on complicated fact patterns that implicate various legal disciplines Recent court opinions on whistleblower retaliation claims and variation among jurisdictions
3:30	Break
3:45	Cyber Security, IP and Proprietary Risks: Their Interplay with a Remote/Hybrid Work Workforce Timothy K. Smit, CIPP/C/E/US, CISSP, FIP Global Privacy and Cyber Risk Consulting Practice Leader Lockton Companies Paul Gouge, CIPT Cyber Risk Control Consulting Director CNA Insurance This session will explore how to manage intensifying cybersecurity and data privacy risks posed by remote work. Securing proprietary information while employees work from home Addressing cybersecurity and confidentiality concerns when employees work with their personal computers Determining the lengths and limits of employee access to company data Reconciling the need to leverage new digital platforms with protecting sensitive, confidential data Overcoming obstacles to preserving attorney-client and work product privilege when working from home State data privacy regulatory trends: CA, CO, CT, UT, and VAons
4:45	The View from the Plaintiff’s Bar: The Latest Trends and Claims Coming Down the Pipeline Davida S. Perry Managing Partner Schwartz Perry & Heller LLP Brian Heller Partner Schwartz Perry & Heller LLP Moderator: Raymond Cashman, Esq., CPCU Director, Management Liability and Specialty Claims Nationwide
5:30	Cocktail Reception Sponsored by Sponsored by McGlinchey Stafford PLLC, join your peers for networking and cocktails.

Day 2 - Wednesday, January 25, 2023

9:00	Co-Chairs’ Opening Remarks Mercedes Colwin Partner Gordon Rees Scully Mansukhani LLP John W. Hamlin, Esq. Chief Counsel, Employment, Benefits and Governance Marsh & McLennan Companies, Inc.
9:05	General Counsel Panel: Perspectives on Pressing, High Stakes Issues at the Forefront Beth Mabe Gianopulos Senior Associate, General Counsel Atrium Health Wake Forest Baptist Victoria Gorokhovich Managing Counsel, Labor and Employment PSEG Services Corporation John W. Hamlin, Esq. Chief Counsel, Employment, Benefits and Governance Marsh & McLennan Companies, Inc. Bonnie Pierson-Murphy Vice President and Assistant General Counsel IBM Moderator: Mercedes Colwin Partner Gordon Rees Scully Mansukhani LLP
10:00	Political Speech in the Workplace: Critical Updates Around Dobbs vs. Jackson and Union/Non-Union Employee Posturing Kristi Mackin Galletti Senior Claims Specialist AXA XL Mary Anne Mullin Senior Vice President QBE Insurance Dobbs versus Jackson fallout Patchwork benefits and compliance Leave laws Discrimination claims Unionizing: Managing backlash between union/non-union employee debate Determining which policies are advisable or inadvisable for addressing political speech in the Workplace Social media policies and procedures Dress Determining parameters that are lawful When and how far you can go in enforcing the policy
11:00	Break
11:15	Remote Workforce Monitoring: Avoiding Micro-Surveillance and Knowing the Laws and Potential Pitfalls Surrounding Its Use Stephen Malone Vice President, Legal, Employment and Corporate Affairs Fox Bradford Newman Partner Baker McKenzie From eliminating distractions to adding technological automation, there are numerous ways businesses can improve remote workplace productivity with tracking technology. But how do employers monitor without becoming oppressive? When can tracking technology backfire? And what are the potential employee retaliatory pitfalls? Measuring outcomes–The results that are directly tied to business success. When data gained is the wrong data gained Building transparency into your employee monitoring programs: What programs will incentivize employees to work diligently in remote situations? New metrics, experimental approaches Avoiding an oppressive remote monitoring dynamic that might alienate employees Confidentiality/employee privacy concerns: Legal landmines Federal workplace privacy and employee monitoring regulations: ECPA State data privacy regulatory trends: CA, CO, CT, UT, and VA
12:15	Special Interview with the NLRB Marvin Kaplan Board Member National Labor Relations Board (NLRB)
12:45	Lunch
1:15	Pay Equity and Transparency: Dissecting Recent Defense Wins/Losses and The Lesser-Known Lessons for Addressing Wage Disparities David V. Cascio Partner Laner Muchin Jonathan Kurens, Esq. Senior Vice President Marsh USA Inc. Laura R. Lapidus, Esq. Management Liability (EPL) Risk Control Director CNA Insurance Analyzing newly rolled-out state laws and changes to standards for pay transparency: CA SB1162, NY, WA, CO Impact of the pandemic: Impact of job losses on data, state of C-suite executive pay Evaluating racial and ethnic pay differences amid social justice issues Impact of tight labor market: Starting salary and retention pay decisions Steps to taking a proactive stance toward releasing pay data publicly Defending and covering pay equity claims intermingled with gender discrimination claims The new, emerging trends in pay equity litigation and what is coming down the pipeline
2:15	Diversity, Equity and Inclusion: Return to Work through a DE&I lens Alyssa Pianelli Vice President - FSG Legal and Claims Aon Michelle Arbitrio Partner Wood, Smith, Henning, & Berman LLP Sarah Y. Cho Assistant Vice President, Global Inclusion Programs Chubb Kristina Barcia Assistant Vice President - Specialty Claims Westfield Specialty Insurance Significant regulatory developments, settlements, and litigation activities involving the EEOC Automated employment decision tool law compliance trends New York limits digital tools in recruiting with its Automated Employment Decisions Tool Law Examples of recent court decisions and legal challenges: Key lessons learned Navigating local laws and labor agreements Toeing the line around bona fide occupational qualification exceptions Understanding time limits around discrimination claims under state and federal law Return to work through a DE&I lens: The design and delivery of custom educational programs, culture scans, and support for the development and/or restructuring of diversity and inclusion policies, programs and practices
3:15	Close of Conference

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Partnership Opportunities

Amy Au

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American Conference Institute

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