Employment Practices Liability Insurance

Registration and Continental Breakfast

Co-Chairs’ Welcome Remarks

Todd Alan Ewan
Partner and National Co-Chair, Litigation
Fisher & Phillips LLP

Tom Hams, Esq.
EPLI National Practice Leader, Managing Director
Aon Financial Services Group

THE CHANGING CARRIER PERSPECTIVE – Defining the “Small” and “Middle Market”, the Newest EPLI Claims, and the Latest on Coverages and Polices

Jessica Fritz Aguiar
Senior Claims Analyst, North American Claims Group
Allied World Insurance Company

Chris Lavelle, CPCU, RPLU
Second Vice President/EPL National Practice Leader
USLI

Joanne Lloyd-Bragg
Head of EPL
Axis Insurance

Joni F. Mason, Esq.
Senior Vice President National Practice Advisor Executive and Professional Risk Solutions (EPS)
USI Insurance Services

As EPLI products continue to evolve and expand, practitioners and policyholders need to be aware of the newest, most critical aspects of underwriting, policies, and coverage forms. In this opening session, leading insurance executives will address the state of the market, and the current trends and forces affecting the future of EPLI risk. The growth of the small and middle market has presented new challenges for carriers. Don’t miss key updates on the latest complexities of the market, and forecasted trends for 2020 and beyond.

Biometric Screening: Special Considerations for Data Collection, Breaches, and Corporate Policies

Jim Halpert
Partner, Co-Chair, Global Data Protection, Privacy & Security Practice Co-Chair, Global Cybersecurity Practice
DLA Piper

Antonio Trotta
Claims Manager
Beazley Group

Laura Lapidus
Management Liability Risk Control Director
CNA

• The unwritten rules for protecting sensitive employee information collected with biometric screening
• Jurisdictional analysis of state biometric screening laws
• How employers are creating effective data privacy policies
• Special considerations for healthcare information and potential violations with HIPAA
• The lengths and limits of biometric screening in mitigating the risk of data breaches
• Changes to EPLI cyber policies and coverage for biometric screening
• Incorporating privacy laws in California, Massachusetts, New York, and Pennsylvania

Networking Break

EEOC INTERVIEW: What Every Practitioner Should Know about Priorities and Expectations for 2020

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

The Commissioner of the EEOC will give practitioners an overview of enforcement trends affecting your practice. The discussion will include a special focus on the top priorities for 2020 and beyond. As you look ahead for the next 12 months, ensure that you are in the room for need-to-know updates and Q & A.

Advising Clients on Medical Marijuana Claims: How Employers are Navigating the Grey Areas of Testing, Workplace Safety, Accommodation and ADA Claims

Rachel L. Freedman
Assistant Vice President, Claims Counsel
Sompo International Insurance

Meredith Cavallaro
Partner
Paduano & Weintraub LLP

Lauren L. Tafaro
Partner
Adams and Reese LLP

• To what extent are claims on the rise: Setting the record straight on the present and future of liability risks
• Testing policies in practice: Common misconceptions about the do’s and don’ts
• Crafting effective employee training manuals that will address medical marijuana use
• Reconciling state medical marijuana laws vs. federal prohibition of marijuana
• Jurisdictional analysis and comparison of various state medical marijuana laws and pending legislative activity
• Drafting workplace safety policies for employees, who work with equipment or in areas where safety is a concern
• The finer points of managing marijuana claims by employees who are claiming disability under the ADA

Networking Lunch for Speakers and Attendees

In-House Counsel Think Tank on the Selection of Outside Counsel and Fee Arrangements

Patricia Gonzalez
Corporate Counsel
Oasis, a Paychex Company

Philip Weis
Director, Senior Employment Counsel
Boehringer Ingelheim Pharmaceuticals, Inc.

In this session, in-house counsel will share their insights on their selection criteria for hiring outside counsel. They will discuss their priorities, pet peeves, and approach to working with law firms. Attorney fees, including alternative fee arrangements will also be discussed.

PAY EQUITY CLAIMS – The Unwritten Lessons of Recent Defense Wins/Losses on Gender Discrimination Cases, Settlements and Transparency of Pay Disparities

Antonio Caldarone
Partner
Laner Muchin, Ltd.

Christopher Williams
2nd Vice President, Employment Practices Liability Product Manager
Travelers

• Defending and covering pay equity claims intermingled with gender discrimination: New trends affecting your strategy moving forward
• Keeping score: Defense wins and losses-and their untold lessons
• Settlement calculus: Weighing the risk-benefits of settlement vs. going to trial
• Adjusting company policies in light of new laws passed in different jurisdictions: Revising interview questions and employment forms on prior salary history
• Understanding the fine line between equal pay for high-wage earners vs. other types of employees
• Global implications of transparency with pay disparities: Interplay of United Kingdom law requiring transparency of pay between men vs. women

Afternoon Refreshment Break

RETALIATION CLAIMS IN REAL LIFE – Concrete Examples of Successful Defenses, Investigations, Evidence Collection and Early Resolution

Justin J. Blacklock
Assistant Vice President, North America Financial Lines
Chubb

Louis L. Chodoff
Partner
Ballard Spahr LLP

Jamie M. Kohen
Executive Director and Assistant General Counsel
JPMorgan Chase

• What now constitutes a retaliation claim vs. employee disciplinary action followed by engaging in concerted activity
• Effective defense strategies to retaliation claims
• Your risk calculus: Special considertaions for assessing the pros and cons of pursuing settlement vs. jury trial
• Advising clients on managing the employer-employee relationship after a retaliation claim has been filed
• Updating policies on documentation, evidence collection, and investigations
• Defending claims based on employee allegations of illegal activity on behalf of the employer

Important PAGA and Wage & Hour Updates: The Latest Sub-Limits and Limitations in EPL Policies

Kevin J. Greene
Partner
Halloran & Sage LLP

Joshua A. Hawks-Ladds
Member
Pullman & Comley LLC

• Finding the right fit for wage and hour claims under EPLI policies
• How carriers are responding to the continued growth of wage and hour claims under EPLI policies
• Exploring sub-limits on wage and hour claims under EPLI policies
• Assessing how riders or addendums to EPLI policies for wage and hour claims affects the market
• Underwriting considerations for wage and hour claims
• Assessing the proliferation of wage & hour claims and PAGA actions in California
• Crafting defense strategies for improper classification of employees
• Interpreting recent case law on independent contractor status in California
• Analyzing legislative activity on wage and hour concerns in the state and federal context
• DOL activity on joint employer liability in the wage and hour context

Conference Adjourns to Day 2

Continental Breakfast

Co-Chairs’ Welcome Remarks

HYPOTHETICAL SCENARIOS – IS IT OR ISN’T IT?

ARBITRATION AGREEMENTS AND RESTRICTIVE COVENANTS – Perspectives on What is Now Enforceable and What Is Not

Ann Marie Painter
Partner
Perkins Coie LLP

Molly T. Senger
Of Counsel
Gibson, Dunn & Crutcher LLP

• Responding to the rise of litigation related to restrictive covenants
• Best practices for drafting and enforcing agreements
• How courts are responding to enforcement of restrictive covenants
• Updates on arbitration agreements post-Epiq: how are employers handling arbitration clauses?
  • Understanding how the Federal Arbitration Act, National Labor Relations Act, and recent court opinions affect the future of arbitration agreements and waiver of right to enter into class action

The View from In-House Counsel: Perspectives on Managing the Biggest EPLI Risks and The Next Anticipated Wave of Claims

Jason K. Brown
Vice President & Senior Counsel
American Express Company

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

Jamie D. Zogby
Executive Legal Counsel – Employment Law
Realogy Holdings Corp

Moderator:

Wendy J. Mellk
Principal
Jackson Lewis P.C.

During this ever-popular session, in-house legal decision-makers will share what is keeping them up at night, how they are managing heightened EPLI risks, and revisiting when they handle a matter internally vs. retain outside counsel. Don’t miss invaluable, real-world perspectives and Q & A!

Networking Refreshment Break

DISABILITY CLAIMS – The Finer Points of Website Accessibility, Scope of ADA and FMLA Protections, and Workplace Accommodation Requirements

Christine Coyne
Assistant Vice President
AXA XL

Lori Armstrong Halber
Partner
Reed Smith LLP

Jonathan Kurens
Senior Vice President
Marsh USA Inc.

• Ensuring accessibility for websites considered to be a place of public accommodation
  • Lessons from recent split decisions in the circuit courts
• How recent changes with FMLA in different jurisdictions has impacted disability claims
• Navigating the complexities of workers compensation coupled with a medical leave of absence
• Accommodating employees who are alleging serious medical disorders
• Advising clients on employer policies for human resources

NLRB Year in Review: Update with the NLRB on Arbitration Clauses, Board Decisions, and More

Marvin E. Kaplan
Board Member
National Labor Relations Board

In this address, the NLRB director will share an update on key decisions in 2019, and need-to-know takeaways for employers in 2020 and beyond. Benefit from insights on arbitration clauses post-Epiq and clarity on the current legal landscape. NLRB leadership and structural changes will also be addressed.

New Hurdles to Managing Whistleblower Claims: The Latest and Greatest in Defense Strategies for Public vs. Private – and Related Discrimination Claims

David E. Gevertz, Esq.
Shareholder, Labor & Employment
Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C.

Cassandra Jean-Baptiste
Claims Manager
Starr Adjustment Services, Inc. – A Member of Starr Companies

• Clarifying the differences between public vs. private whistleblower acts
• Identifying hotbed jurisdictions such as California where whistleblower claims are on the rise
• Defending claims based on complicated fact patterns (for ex., employee allegations of wrongful acts by the company coupled with a discrimination claim)
• Updating investigative strategies and internal policies for whistleblower claims
• Recent court opinions on whistleblower claims and jurisdictional analysis of various cases

Conference Ends