Law Institute

12 CLE credits including ethics — REGISTER BEFORE MARCH 22 AND SAVE — 14 CPA credits

TH Employment19 ANNUAL LAW INSTITUTE

Philadelphia | Tues. & Wed., April 16 & 17, 2013

It’s THE premier employment law event in Pennsylvania!

So much variety and choice—55+ top notch sessions, The Year in Review and 3 super workshops You’ll get 8 federal judges share their insights and perspectives on employment litigation “real world” advice

Lafe Solomon, Acting General Counsel at the NLRB, and workable brings you up-to-the-minute on what’s happening at solutions from our the NLRB faculty of over Find out what’s on the radar at the EEOC in 2013 from EEOC’s Regional Attorney and from the 85 terriﬁ c lawyers. Director of the Philadelphia District Ofﬁ ce

Lead counsel in major national wage & hour litigation ﬁ ll you in on all the latest

And so much more!

Philadelphia | Tues. & Wed., April 16 & 17, 2013

The Institute kicks off with Mike Ossip and Rick Seymour who are Designed for everyone back to ﬁ ll you in on every important employment law development who deals with workplace Management attorney, Mike Ossip, and plaintiffs’ lawyer, Rick Seymour, square off to bring you all the critical news about how the courts have been deciding important employment law issues, the Employment issues during the past year. You won’t want to miss hearing their insights and analysis of how Law Institute is simply employment law is evolving and being shaped by the courts. the biggest and best employment law What’s happening at the NLRB? Lafe Solomon, Acting General educational event in Counsel of the NLRB, is speaking at the Institute Pennsylvania. At this What a great opportunity to learn about the National Labor Relations Board (NLRB). Lafe Solomon, Acting General Counsel, will discuss the latest developments at the NLRB in two annual gathering of the sessions. One session will focus on the recent Noel Canning decision by the DC Circuit in employment law bar, great which President Obama’s January 2012 recess appointments to the NLRB were invalidated. educational opportunities What has been the effect of that landmark decision? In our second session, Acting General Counsel Solomon will guide you through the myriad of recent decisions from the NLRB that abound, networking is at its impact the non-union workplace in ways that may surprise you. You will not only learn a lot best—and more than that, from Acting General Counsel Solomon, but will enjoy his engaging presentation style. He will the Institute is fun! be joined by union and management advocates, as well as the NLRB Regional Attorney for Region 4.

The Judges Speak—an annual favorite! Judge Diamond, Judge Pratter and Judge Schiller share their perspectives From summary judgment motions to discovery to evidence, you’ll beneﬁ t from hearing the insights of our impressive panel of federal judges from the US District Court for the Eastern District of Pennsylvania. What is persuasive, what is not? How can you present your case in the best light? Moderated by defense attorney, Elizabeth Malloy, and plantiffs’ attorney, Harold Goodman, this is a one-of-a-kind opportunity to get tips on how to be a better advocate for your clients—directly from the judges who decide your cases.

Judge Goldberg and Judge Strawbridge provide insights for practitioners to learn the most effective strategies to work, collaboratively and separately, with magistrate judges and Article III judges to litigate cases effectively You’ll learn tips from our distinguished judges regarding settlement approaches, discovery disputes, and consenting to the jurisdiction of the magistrate judges. Moderated by plaintiffs’ attorney, Stephen G. Console, and defense attorney, Kristine Grady Derewicz, this session 800-247-4724 / www.pbi.org provides a unique opportunity to understand how our judges work and how practitioners can make these processes more effective for their clients. Get the inside story about how the EEOC works in 2013—directly from Debra Lawrence, Regional Attorney, and Spencer H. Lewis, Jr., Director of the Philadelphia District Offi ce. As every employment lawyer knows, it’s critical to understand what the current rules, regulations, policies and initiatives are of the Equal Employment Opportunity Commission. In separate sessions, we are honored to have both Debra Lawrence and Spencer Lewis joining us to fi ll you in on the latest. You’ll pick up plenty of practice pointers and a fuller understanding of how the EEOC is operating in 2013. Philadelphia Insightful, interactive, informative. Tues. & Wed., April 16 & 17, 2013 Winning and defeating wage & hour class action cases. Pennsylvania Convention Center 12th & Arch Streets Featuring Jeremy Heisler, managing partner of Sanford Heisler’s NY offi ce, 8:30 am to 4:35 pm each day and Matt Lampe, partner in the NY offi ce of Jones Day, you’ll be treated to an advanced discussion on wage and hour class action litigation, including case strategies, legal developments, motion practice, discovery management, settlement negotiations, and more in this lively session. It will be moderated by John Bogan of CIGNA. You’re invited to the PBA Labor & Employment Law Compare and contrast trying employment cases Section Reception in state and federal courts in New Jersey with Come and enjoy some cool drinks and Judge Rosen and Judge Schneider refreshments at the Institute reception at the end of the sessions on Tuesday. It’s a great way to In this eye-opening session moderated by plaintiffs’ attorney, Sidney Gold, connect with your colleagues and unwind. you’ll hear from judges from New Jersey about the benefi ts and drawbacks of A big THANK YOU to the PBA Section for hosting litigating employment cases in New Jersey state courts vs. federal courts. this popular event. A great opportunity to learn fi rsthand from Judge Joel B. Rosen (Ret.) and Judge Joel Schneider about the nuances of employment litigation in New Jersey.

The wonderful Institute materials Our “Just the Basics” track teaches you the are available in book format fundamentals of employment law – it’s also the perfect or on CD-ROM refresher Be sure to note on the registration page Newer to employment law? Our “basics” sessions span both days of the your preference of book or CD-ROM. Institute. Pick and choose which topics will help you ﬁ ll in the gaps in your employment law knowledge base. You’ll be amazed at how much you’ll learn as you gain a new level of conﬁ dence for advising your employment law clients.

Count them—4 great choices of ethics sessions With four terriﬁ c ethics sessions, you may want to attend more than one this year. Under the Pennsylvania CLE Board Rules, ethics are “wildcard” credits so that they can be counted as either ethics or substantive credits. Here’s the lineup:

1. Ethics in Employment Law: Attorneys Beware—This Could Happen to You! 2. Purists and Prostitutes— Ethical Issues When Employment Lawyers Take a Walk on the Other Side 3. Legal Ethics in Social Media 4. Consulting or Coaching: Talking to Witnesses During Their Testimony— featuring Judge Sánchez, US District Court for the Eastern District of Pennsylvania 800-247-4724 / www.pbi.org Institute Planning Team.

John J. Robin F. Bond, Esq. VincentVi t Eugene K. SidneySid LL. GGold, ld EEsq. Kymberly D.H. DanielD i l VV. JJohns,h EEsq. Bogan, Jr., Esq. Transition Strategies, LLC Candiello, Esq. Connors, Esq. Sidney L. Gold Hernandez, Esq. Ballard Spahr LLP CIGNA, Philadelphia Wayne Post & Schell, P.C. Reed Smith LLP & Associates, P.C. AstraZeneca Philadelphia Harrisburg Pittsburgh Philadelphia Pharmaceuticals LP Wilmington, DE

Celia M. Joseph, Esq. Louis B. Elizabeth A. Lawrence S. Michael J. Jeffrey I. Pasek, Esq. Debbie R. Fisher & Phillips LLP Kushner, Esq. Malloy, Esq. Markowitz, Esq. Ossip, Esq. Cozen O’Connor Sandler, Esq. Radnor Rothman Gordon, P.C. Buchanan Ingersoll & The Law Ofﬁ ces of Larry Morgan, Lewis & Philadelphia White and Williams LLP Pittsburgh Rooney PC, Philadelphia Markowitz, York Bockius LLP, Philadelphia Philadelphia

Accolades for the faculty

Excellent and interesting speakers who succinctly Thanks... explained a very complicated area of the law Concise and relevant to the Institute Planning Speakers were very prepared Team and the 85+ faculty and their presentations were smoothly coordinated members who so generously Animated, dynamic speakers share their knowledge at Fantastic practical tips the Institute. Articulate, informative, organized! Fabulous way to put law into practical applications Very thought-provoking and refreshing An excellent faculty!

13 Impressive. Knowlegeable. Skillful Teachers.

Nancy Abrams, Esquire Shannon D. Farmer, Esquire Debra M. Lawrence, Esquire Michael J. Salmanson, Esquire Spector Gadon & Rosen, P.C., Philadelphia Ballard Spahr LLP, Philadelphia U.S. Equal Employment Opportunity Salmanson Goldshaw, P.C., Philadelphia Commission, Philadelphia Michael C. Anderson, Esquire David S. Fortney, Esquire Honorable Juan R. Sánchez Snyder’s-Lance, Inc., Hanover Fortney & Scott, LLC, Washington, DC Spencer H. Lewis, Jr., Esquire U.S. District Court for the Eastern District U.S. Equal Employment Opportunity of PA, Philadelphia John C. Artz, Esquire Michael S. Friedman, Esquire Commission, Philadelphia Ogletree, Deakins, Nash, Smoak Jackson Lewis LLP, Philadelphia Honorable Berle M. Schiller & Stewart, P.C., Pittsburgh Diana Liberto, Esquire U.S. District Court for the Eastern District David S. Fryman, Esquire Walmart Stores, Inc., Horsham of PA, Philadelphia Caroline M. Austin, Esquire Ballard Spahr LLP, Philadelphia Duane Morris LLP, Philadelphia Jeffrey M. Lindy, Esquire Honorable Joel Schneider Adam E. Gersh, Esquire Lindy & Associates, P.C., Philadelphia U.S. District Court, District of New Jersey Patricia A. Barasch, Esquire Flaster/Greenberg, PC, Cherry Hill, NJ Camden, NJ Schall & Barasch LLC, Moorestown, NJ Gerard M. Mackarevich, Esquire Honorable Mitchell S. Goldberg PA Unemployment Compensation Board Richard T. Seymour, Esquire Sara A. Begley, Esquire U.S. District Court for the Eastern District of Review, Harrisburg Law Offi ce of Richard T. Seymour, P.L.L.C. Reed Smith LLP, Philadelphia of PA, Philadelphia Washington, D.C. Michele H. Malloy, Esquire Jennifer C. Bell, Esquire Harold I. Goodman, Esquire Waste Management, Newtown Carolyn P. Short, Esquire Bell & Bell LLP, Philadelphia Raynes McCarty, Philadelphia Reed Smith LLP, Philadelphia Laura C. Mattiacci, Esquire Kimberly D. Borland, Esquire Traci M. Greenberg, Esquire Console Law Offi ces LLC, Philadelphia Jennifer Platzkere Snyder, Esquire Borland & Borland, LLP, Wilkes-Barre Sidney L. Gold & Associates, P.C. Dilworth Paxson LLP, Philadelphia Philadelphia Edward S. Mazurek, Esquire L. Stephen Bowers, Esquire The Mazurek Law Firm, LLC, Philadelphia Lafe E. Solomon Cozen O’Connor, Philadelphia Kyong Ha Growney, Esquire Acting General Counsel Curtin & Heefner LLP, Doylestown Tiffani L. McDonough, Esquire National Labor Relations Board Chastity C. Bruno, Esquire Obermayer Rebmann Maxwell Washington, D.C. Montgomery McCracken Walker David L. Hackett, Esquire & Hippel LLP, Philadelphia & Rhoads LLP, Philadelphia Buchanan Ingersoll & Rooney PC Kari Knight Stevens, Esquire Philadelphia Eric B. Meyer, Esquire Blank Rome LLP, Philadelphia Michael S. Burkhardt, Esquire Dilworth Paxson LLP, Philadelphia Morgan, Lewis & Bockius LLP Daniel E. Halevy, Esquire Honorable David R. Strawbridge Philadelphia National Labor Relations Board Craig D. Mills, Esquire U.S. District Court for the Philadelphia Buchanan Ingersoll & Rooney PC Eastern District of PA, Philadelphia Jeffrey Campolongo, Esquire Philadelphia Law Offi ce of Jeffrey Campolongo Anthony B. Haller, Esquire Ronald H. Surkin, Esquire Philadelphia Blank Rome LLP, Philadelphia David S. Mohl, Esquire Gallagher, Schoenfeld, Surkin, CIGNA, Philadelphia Chupein & DeMis, P.C., Media Joseph J. Centeno, Esquire Richard R. Harris, Esquire Obermayer Rebmann Maxwell Littler Mendelson, P.C., Philadelphia Mariette J. Mooyman, Esquire Mary Margaret Tiernan, Esquire & Hippel LLP, Philadelphia Airgas, Inc., Radnor U.S. Equal Employment Opportunity Jeremy Heisler, Esquire Commission, Philadelphia Y. Jessica Choi, Esquire Sanford Heisler, LLP, New York, NY Rahul Munshi, Esquire Goldblum & Hess, Jenkintown Console Law Offi ces LLC, Philadelphia Michael J. Torchia, Esquire Wendy Castor Hess, Esquire Semanoff Ormsby Greenberg Lucretia C. Clemons, Esquire Goldblum & Hess, Jenkintown Daniel P. O’Meara, Esquire & Torchia LLC, Huntingdon Valley Ballard Spahr LLP, Philadelphia Montgomery McCracken Walker Michael D. Homans, Esquire & Rhoads LLP, Berwyn Patricia B. Tsipras, Esquire Hope A. Comisky, Esquire Flaster/Greenberg PC, Philadelphia Rubin Fortunato & Harbison, P.C., Paoli Pepper Hamilton LLP, Philadelphia James A.A. Pabarue, Jr., Esquire Alissa A. Horvitz, Esquire Christie Pabarue Mortensen and Julie A. Uebler, Esquire Stephen G. Console, Esquire Littler Mendelson, P.C., Washington, D.C. Young PC, Philadelphia Uebler Law Firm, LLC, Wayne Console Law Offi ces LLC, Philadelphia Imogene E. Hughes, Esquire Brian D. Pedrow, Esquire Jonathan K. Walters, Esquire Jennifer L. Craighead, Esquire Hughes Law LLC, Bala Cynwyd Ballard Spahr LLP, Philadelphia Markowitz & Richman, Philadelphia Barley Snyder LLC, Lancaster Cory A. Iannacone, Esquire Elizabeth A. Perrong, Principal David J. Walton, Esquire Michael J. Crocenzi, Esquire Rhoads & Sinon LLP, Harrisburg Wianno Partners LLC, Ringtown Cozen O’Connor, West Conshohocken Goldberg Katzman, PC, Harrisburg Gianna M. Karapelou, Esquire May Mon Post, Esquire Claudia M. Williams, Esquire David L. Deratzian, Esquire Mediation Services, Media Deasey, Mahoney, Valentini & North, LTD The Hershey Company, Hershey Hohails & Kounoupis, PC, Bethlehem Philadelphia Debra S. Katz, Esquire Peter D. Winebrake, Esquire Kristine Grady Derewicz, Esquire Katz, Marshall & Banks, Washington, D.C. Honorable Gene E.K. Pratter Winebrake Law Firm, LLC, Dresher Littler Mendelson, P.C., Philadelphia U.S. District Court for the Eastern District Sharon Kelly, Ph.D. of PA, Philadelphia Henry Yampolsky, Esquire Honorable Paul S. Diamond ERS Group, Tallahassee, FL Galfand Berger, LLP, Philadelphia U.S. District Court for the Eastern District Michael J. Puma, Esquire of PA, Philadelphia Michael R. Kopac, III, Esquire Morgan, Lewis & Bockius LLP Victoria L. Zellers, Esquire Law Offi ce of Michael Kopac, Media Philadelphia Cozen O’Connor, Philadelphia Tracey E. Diamond, Esquire Pepper Hamilton LLP, Philadelphia Solomon Z. Krevsky, Esquire Honorable Joel B. Rosen (Ret.) Anne E. Zerbe, Esquire Clark & Krevsky LLC, Lemoyne Montgomery McCracken Walker CGA Law Firm, York John A. DiNome, Esquire & Rhoads LLP, Cherry Hill, NJ Reed Smith LLP, Philadelphia Matthew W. Lampe, Esquire Barbara E. Ziv, MD Jones Day, New York, NY Carrie B. Rosen, Esquire Philadelphia Edward T. Ellis, Esquire Cozen O’Connor, Philadelphia Littler Mendelson, P.C., Philadelphia

12 TUESDAY, APRIL 16 8:30 – 8:35 Welcome & Introduction

8:35 – 9:35 Year in Review: What’s New in Employment Law 35 : 9 – 35 : 8:35 – 9:35 8 Year in Review: What’s New in Employment Law Mr. Ossip & Mr. Seymour There’s no better way to catch up on all the 9:359:3 – 9:50 Networking Break year’s hottest developments than in our kickoff session. Plaintiff’s lawyer Rick Seymour and management lawyer Mike Ossip comb the case law and legislative changes to bring you up-to- 1 2 3 the-minute on everything new. In addition to Family and Private Eyes Are Costs and Beneﬁ ts of hearing what the courts have decided, Rick and

50 Medical Leave Act: Watching You: Expert Witnesses in : Mike offer tips on what the cases actually mean 0 Understanding the Privacy in the Workplace Employment Cases: to you and your clients. Always a crowdpleaser! – 1 Basics How, When and Who 50 :

11:00 – 12:00 9:50 – 10:50 9 to Choose for Expert Testimony Ms. Growney Ms. Joseph, Ms. Rosen Ms. Begley, Mr. Gold, Dr. Ziv

Litigating Your Case in Federal Court: 10:5010 – 11:00 Break Tips from An Article III Judge and a Magistrate Judge 7 8 9 Here is your opportunity to learn the most effective strategies to work, collaboratively and ADA Basics: BYOD: What Does the Guess That’s Why separately, with magistrate judges and Article 0 What Plaintiff and Bring-Your-Own-Device They Call It the Blues: III judges to litigate cases effectively. Judge 2:0 Defense Counsel Need Movement Mean for Depression in the Goldberg and Judge Strawbridge will offer tips – 1 to Know to Advise Their Employers? Workplace regarding settlement approaches, discovery 00 Clients disputes and consenting to the jurisdiction of – 12:00 11:00 11: the magistrate judges. You will understand how Ms. Craighead, Mr. Krevsky Mr. Walton Mr. Markowitz, Ms. Zerbe our judges work and how practitioners can make these processes more effective for their clients. 12:0012 – 1:15 Luncheon

3:35 – 4:35 11 12 13 Wage and Hour 101 Purists and Prostitutes– Zero Dark Forty-Plus:

5 Ethical Issues When Navigating the Winning and Defeating Wage & Hour Employment Lawyers Evidentiary Mineﬁ eld

Class Action Cases – 2:1 5 Take a Walk on the in Age Discrimination

With a focus on the most recent Supreme – 2:15 1:15 1:1 Other Side Cases Court opinion addressing FLSA exemptions Mr. Hackett Mr. Friedman, Mr. Gersh Mr. Munshi, Mr. Pabarue (Christopher v. GSKI), a panel will lead an advanced discussion on wage and hour class action litigation, including case strategies, 2:152: – 2:25 Break legal developments, motion practice, discovery management, settlement negotiations, and more. Come prepared for an energized 17 18 19 debate that generates creative ideas and practical solutions for case success. Insightful, Objection! Evidence for Turning a Silk Purse into Understanding Interactive, Informative. You get it all. 5 Employment Lawyers a Sow’s Ear: The Top Ten But-For and Mixed :2

3 Ways Retaliation Claims Motive Standards in –

5 Transform a Bad Case Title VII, ADA and

2:25 – 3:25 2:2 into a Payday ADEA Cases Ms. Abrams Mr. Centeno, Ms. Liberto Ms. Post Network...Connect...Unwind Ms. Mooyman Join us for a reception courtesy of the PBA Employment Law Section immediately following 3:253:2 – 3:35 Break Tuesday’s program.

23 24 25 Reasonable The Impact of Criminal Title VII Update: Accommodationti and d ththe Charges and Convictions Yes, There Are New 35 Interactive Process 101 on Employment Law Interpretations and – 4: Applications of Title VII 35 : 3 3:35 – 4:35 Mr. Campolongo Mr. Borland, Mr. Yampolsky Ms. Austin, Ms. Bell 4 Ms. McDonough 8:35 – 9:35 8 :35 – 9:3 5 Love this seminar! Best Employment Law CLE every year! Great value for the money 4 5 6 and two-day investment Inside the Beltway: Ethics in Employment Essentials of 9:50 - 10:509 : Taking the Pulse of Law: Attorneys Beware– Independent Contractor 50 Excellent! Employment Law After This Could Happen Use - 1 Attendance beneﬁ ts 0

the 2012 Election to You! : 50 far outweigh any lost time at the ofﬁ ce. Mr. Fortney Ms. Bond, Ms. Comisky Mr. Anderson The Employment Law Institute is critical to the practice of this specialty.

10 Litigating Your Case in Federal Court: Tips from an Article III Judge 11:0011: – 12:00

and a Magistrate Judge 00 – 1 2:0 0

Judge Goldberg, Judge Strawbridge, Mr. Console, Ms. Derewicz

14 15 16 The Wide Ranging Managing the Cost A New Generation of Impact of the Noel of Litigation through Sexual Harassment 1:151:1 – 2:15 5

Canning Decision on the Financial Stewardship Cases: Pushing the – 2:1 NLRB Boundaries or Deﬁ ning New Ones Entirely? 5 Mr. Solomon, Mr. Halevy Mr. Bogan, Mr. Haller Mr. Harris, Ms. Mattiacci Mr. Johns, Mr. Walters Just the Basics

Employment Counseling 20 21 22 The National Labor Litigating Independent The Great Arbitration

2:25 – 3:25 2 Litigation

Relations Act and the Contractor Cases Debate: Mandatory :2 5

Non-Union Workplace: Arbitration of –

3 Ethics Recent Developments Employment Disputes– :2 Boon or Bane? 5 Mr. Solomon, Mr. Halevy Ms. Bruno, Mr. O’Meara Ms. Tsipras Wage & Hour Mr. Johns, Mr. Walters

26 27 Winning and Defeating Wage & Hour The Employee Who Is

3:35 – 4:35 3:3 800-247-4724 / www.pbi.org Class Action Cases Absent (A Lot!) — How to Effectively Manage FMLA 5 – 4:

Intermittent Leave 35 Mr. Bogan (moderator), Mr. Heisler, Mr. Lampe Ms. Hernandez, Ms. Snyder 5 TUESDAY’S SESSIONS 5. Ethics in Employment Law: 10. Litigating Your Case in Federal Court: 8:35 - 9:35 am  KEYNOTE ADDRESS Attorneys Beware – Tips from the an Article III Judge and a This Could Happen to You! Magistrate Judge Ms. Bond, Ms. Comisky Judge Goldberg Year in Review: Many recent ethics opinions are applicable to employment- Judge Strawbridge Mr. Console, Ms. Derewicz What’s New in Employment Law related cases. We will showcase several examples of Mr. Ossip, Mr. Seymour key decisions and describe what went wrong. Why were Here is your opportunity to learn the most effective There’s no better way to catch up on all the year’s hottest plaintiff’s lawyers sanctioned for using information that was strategies to work, collaboratively and separately, with developments than in our kickoff session. Plaintiff’s lawyer given to them from an anonymous source? Can attorneys magistrate judges and Article III judges to litigate cases Rick Seymour and management lawyer Mike Ossip comb perform internet research on jurors – in the courtroom? effectively. Judge Goldberg and Judge Strawbridge will offer the case law and legislative changes to bring you up-to- Can sharing a conﬁ dence you learned at work with your tips regarding settlement approaches, discovery disputes the-minute on everything new. In addition to hearing what closest friend lead to big trouble? How effectively can and consenting to the jurisdiction of the magistrate the courts have decided, Rick and Mike offer tips on what you limit your liability through the drafting of engagement judges. You will understand how our judges work and how the cases actually mean to you and your clients. Always a agreements? The audience will participate by voting on practitioners can make these processes more effective for crowdpleaser! multiple choice questions aimed at addressing the key to their clients. each example. Test your reaction to those of the courts and 9:50 – 10:50 am  CHOOSE ONE ethics committees 1:15 – 2:15 pm  CHOOSE ONE

1. Family and Medical Leave Act: 6. Essentials of Independent Contractor Use 11. Wage and Hour 101 Understanding the Basics Mr. Anderson Mr. Hackett Ms. Growney Learn how to navigate the dangers associated with using Despite the wave of litigation, the rules for paying Understand the basic requirements of the FMLA. It may independent contractors. Specifi cally, we will address employees remain fraught with potential minefi elds for seem simple, but getting back to the basics can be both the IRS Section 530 Safe Harbor provisions, the 20 point even the most diligent employers. Join us as we identify helpful for a beginner in the employment law fi eld, as well analysis utilized by the IRS to determine independent steps that can be taken to avoid these pitfalls before they as a good refresher for the seasoned employment attorney. contractor status, the Pennsylvania standard of review, lead to wage disputes. We will address: • employer coverage and employee and the pitfalls and traps for the unwary. Whether you or eligibility • reasons for leave • calculating leave time your clients have been utilizing independent contractors for 12. Purists and Prostitutes – Ethical Issues many years, or you are struggling with the implementation • employer notice and other requirements. When Employment Lawyers Take a Walk of a new independent contractor program, please join us for what promises to be a lively and informative open on the Other Side Mr. Friedman, Mr. Gersh 2. Private Eyes Are Watching You: discussion. Privacy in the Workplace For a variety of reasons, more and more labor and Ms. Joseph, Ms. Rosen employment lawyers are “working both sides of the 11:00 – 12:00 noon  CHOOSE ONE Understanding the legal aspects of workplace privacy is key street” – taking both defense and plaintiffs’ work. Some for company attorneys, human resources professionals and see such an ambidextrous approach as unseemly, others other managers. We will explore an employer’s ability to 7. ADA Basics: What Plaintiff and Defense claim that it makes them better advocates for their clients. conduct business balanced against an employee’s privacy Counsel Need to Know to Advise Their Who is right? Is an “anything goes” approach to client expectations. We will also address the practical and legal Clients selection unethical? Are clients’ interests best served implications of workplace privacy as it relates to: Ms. Craighead, Mr. Krevsky when their attorneys always argue from one side of the • background checks • off-duty conduct • searches Identify key issues under the ADA from the perspective of courtroom, or when they are more “fl exible”? Examine the • fraternization • substance abuse/drug testing/smoking both plaintiff and defense counsel. Using hypothetical fact issues, traps and limits for lawyers who represent both • inoculations • dress codes • religious/political symbols patterns, tips on how to analyze an ADA case and advise sides, with views from the purists, the prostitutes and the • polygraph testing • access to personal information. clients will be offered. Practitioners on both sides will academy. gain a basic understanding of the ADA, as well as practice 3. Costs and Benefi ts of Expert Witnesses pointers. 13. Zero Dark Forty-Plus: in Employment Cases: How, When and Navigating the Evidentiary Minefi eld Who to Choose for Expert Testimony 8. BYOD: What Does the Bring-Your-Own- in Age Discrimination Cases Ms. Begley, Mr. Gold, Dr. Ziv Device Movement Mean for Employers? Mr. Munshi, Mr. Pabarue When does it really make sense to have expert testimony in Mr. Walton Recent decisions in age discrimination cases appear to an employment case? Who should you choose, and in what Join us as we explore: • What liability issues and problem have made it more diffi cult to prove age discrimination. type of cases? What are the costs and benefi ts of bringing areas does BYOD potentially trigger? • What are positives Come to hear: • the current burden of persuasion expert testimony into your case? You will drill down into and negatives of BYOD and should employers ban it necessary to establish age discrimination • types of some of the tougher issues with plaintiff and defense altogether? • What policies should employers have in place evidence needed to prove or disprove age discrimination counsel, as well as an expert who has frequently provided to deal with this growing phenomenon? • What is the future under current law • mandatory retirement: per se age expert witness reports and testimony. of BYOD? discrimination? • juror response to evidence presented in age discrimination trials. 4. Inside the Beltway: Taking the Pulse of 9. Guess That’s Why They Call It the Blues: Employment Law After the 2012 Election Depression in the Workplace 14. The Wide Ranging Impact of the Noel Mr. Fortney Mr. Markowitz, Ms. Zerbe Canning Decision on the NLRB Mr. Solomon, Mr. Halevy, Mr. Johns, Mr. Walters Following the 2012 election, the federal agencies Estimates show that depression costs American business in have initiated signifi cantly expanded enforcement and excess of $31 billion per year in lost employee productivity. Come to hear Lafe Solomon, Acting General Counsel, announced new regulations. Here is your opportunity Clearly, the best interests of employees and employers discuss the latest developments at the National Labor to hear the latest developments from Washington, DC, are well served by taking steps to manage depression in Relations Board (NLRB). He will focus on the recent including: • immigration reform efforts • the agencies’ the workplace. We will focus on several topics, including: Noel Canning decision by the DC Circuit in which President newest enforcement strategies and priorities, including • warning signs of employee depression • working Obama’s January 2012 recess appointments to the the expanded focus on fair pay and compensation • the conditions that minimize depression • the ADAAA and FMLA NLRB were invalidated. What has been the effect of that EEOC’s Strategic Enforcement Plan • DOL’s top regulations implications of depression • dealing with the depressed landmark decision? and initiatives, including the independent contractor employee to minimize employer liability and maximize initiative • the latest challenges to the NLRB. employee productivity.

6 15. Managing the Cost of Litigation 20. The National Labor Relations Act 25. Title VII Update: through Financial Stewardship and the Non-Union Workplace: Yes, There Are New Interpretations Mr. Bogan, Mr. Haller Recent Developments and Applications of Title VII The costs associated with litigation can impact not just Mr. Solomon, Mr. Halevy, Mr. Johns, Mr. Walters Ms. Austin, Ms. Bell the bottom line, but also the case strategy; thus managing Lafe Solomon, Acting General Counsel for the NLRB, Discrimination cases comprise a signifi cant portion of most those costs is both a key fi nancial skill and a key to will discuss recent NLRB cases showing how employee employment lawyer’s practice. Here is your opportunity to obtaining quality legal outcomes. Financial stewardship rights under the National Labor Relations Act may affect discuss what the courts have been saying about Title VII includes consideration of alternative fee arrangements, the non-union workplace. Topics to be discussed include claims and gain practical tips for litigating or avoiding such early case assessments, budgeting, retention letters, and mandatory arbitration clauses and class action waivers, claims. In addition, we will discuss signifi cant new EEOC more. Join a leading defense litigator and in-house counsel at-will employment disclaimers, the confi dentiality of guidance impacting Title VII claims. as they square off on this important topic. Be surprised, be workplace investigations, off-duty employee access policies, entertained, and most importantly be informed. and employee use and access to employer e-mail systems. 26. Winning and Defeating Reaction and discussion from employer and union advocates Wage & Hour will be included. 16. A New Generation of Sexual Harassment Class Action Cases Cases: Pushing the Boundaries or Mr. Bogan (moderator), Mr. Heisler, Mr. Lampe Defi ning New Ones Entirely? 21. Litigating Independent Contractor Cases With a focus on the most recent Supreme Court opinion Mr. Harris, Ms. Mattiacci Ms. Bruno, Mr. O’Meara addressing FLSA exemptions (Christopher v. GSKI), a There remains signifi cant mystery about what is—and is Come to hear a discussion about litigation of independent panel will lead an advanced discussion on wage and hour not —actionable, unlawful sexual harassment. We contractor cases, including examples of effective witness class action litigation, including case strategies, legal will explore, from both the plaintiff and the defense examination. Whether trying to prove independent contractor developments, motion practice, discovery management, perspective, recent sexual harassment cases and discuss status or disprove it, the quality of the lawyering frequently settlement negotiations, and more. Come prepared for specifi cally: • how have courts followed the guidance in controls the outcome of these cases. As independent an energized debate that generates creative ideas and Oncale to distinguish between “ordinary socializing in the contractor litigation increases, attorneys should be aware of practical solutions for case success. Insightful, Interactive, workplace – such as male-on-male horseplay or intersexual special tactics and skills useful in such matters. Informative. You get it all. fl irtation” or “simple teasing or roughhousing” and actionable sexual harassment? • to what extent can 22. The Great Arbitration Debate: 27. The Employee Who Is Absent (A Lot!)– (or should) the subjectively and objectively offensive Mandatory Arbitration of Employment How to Effectively Manage FMLA prongs of the harassment analysis change with the Disputes – Boon or Bane? Intermittent Leave new generation? • how has technology changed sexual Ms. Tsipras Ms. Hernandez, Ms. Snyder harassment law (or has it)? • who are the faces of modern An increasing number of companies today are mandating sexual harassment cases? Navigating the Family and Medical Leave Act - particularly that employees arbitrate their disputes with the company the rights it gives to employees to take intermittent leave because it is cheaper, faster, and less disruptive than from work - is essential to any employer’s risk management 2:25 – 3:25 pm  CHOOSE ONE litigation. Many employees, however, view mandatory strategy. The law in this area is complex and often wrought arbitration as biased and unfair. We will look at both sides with potential pitfalls. We will focus on practical approaches 17. Objection! Evidence for of this debate and the attention that mandatory arbitration for employers seeking to maximize legal compliance and Employment Lawyers agreements are receiving with courts and legislators. avoid risk, especially when dealing with employees willing Ms. Abrams to “press the envelope.” Just how far does that cat’s paw reach? Who is a proper 3:35 – 4:35 pm CHOOSE ONE comparator? What investigative records are discoverable? How do you obtain and use social media evidence? How 23. Reasonable Accommodation and the can after-acquired evidence best be utilized? How do Interactive Process 101 you balance rights of privacy against rights to relevant Mr. Campolongo, Ms. McDonough evidence? This highly interactive session will review basic The duty to provide a reasonable accommodation to a evidentiary standards in employment cases, as well as qualifi ed individual with a disability is considered one of the these volatile and ever-evolving evidentiary issues. most important statutory requirements of the ADA. It is also one of the most confusing. Here is your opportunity to: 18. Turning a Silk Purse into a Sow’s Ear: • go through the defi nition of what is “reasonable” and what The Top Ten Ways Retaliation Claims triggers the interactive process • examine trends in current Transform a Bad Case into a Payday case law regarding types of reasonable accommodations Mr. Centeno, Ms. Liberto, Ms. Mooyman • discuss what it means to have an “undue hardship” and Retaliation claims continue to grow and can become the how the term “direct threat” applies. Just the Basics best claim for employees, regardless of the merits of the underlying discrimination claim. We will provide an update 24. The Impact of Criminal Charges and Employment Counseling on retaliation claims, review current important case law Convictions on Employment Law and discuss the best practices for managing employees Mr. Borland, Mr. Yampolsky who are also plaintiffs. The United States continues to have the highest rate of Litigation incarceration in the world. This fact has a large impact on 19. Understanding But-For and much of society, including the area of employment law. We Ethics Mixed Motive Standards in Title VII, will explore the effect that criminal charges and convictions ADA and ADEA Cases have on employment, with a particular emphasis on the Ms. Post new EEOC guidelines. We will also examine the state of the Wage & Hour Title VII of the Civil Rights Act of 1964, the Americans with law and look at what applicants need to know about their Disabilities Act of 1990, and the Age Discrimination in obligations to disclose their history. Employment Act of 1967 prohibit employment practices that discriminate against people because of their race, color, religion, sex, national origin, disability, and age. In proving intentional discrimination, plaintiffs have several options: they can pursue the pretext theory, the mixed- motive theory, or a combination of the two. We will explore 800-247-4724 / www.pbi.org the difference between pretext and mixed-motive cases, the standards of causation required, the burdens of persuasion, and the remedies available depending on the theory pursued.

7 WEDNESDAY, APRIL 17 8:30 – 8:35 Welcome & Introduction

28 The Judges Speak 35

8:35 – 9:35 : 9 – 35 : 8:35 – 9:35 8

The Judges Speak Judge Diamond, Judge Pratter, Judge Schiller, Mr. Goodman & Ms. E. Malloy Hear from the trial judges who preside over federal employment litigation cases. We are 9:359:3 – 9:50 Networking Break honored to have three judges from the US District Court for the Eastern District of PA, Judge Diamond, Judge Pratter and Judge 31 32 33 Schiller, share their perspectives on a number of issues of interest to employment law Legal Ethics in Litigating the Hot Topics Before the

50 Social Media Reasonable EEOC: Recent EEOC practitioners, including: : 0 Accommodation Case: Guidance and How to

• effective presentation at trial – 1

0 It’s Harder Than You Stay Off the EEOC Radar of the plaintiff and the employer’s

9:50 – 10:50 9:5 May Think decision-maker Mr. Candiello, Mr. Gold Ms. Lawrence • pointers for summary judgment Mr. Pasek Ms. Greenberg motions and oppositions • the use of the Pilot Project on Initial 10:5010 – 11:00 Break Discovery Protocols and common discovery disputes. There’s nothing better than learning directly 37 38 39 from the judges who hear your cases! Drafting Effective Veterans’ Rights Under U.S. Equal Employment 00

: Separation Agreements USERRA: The Interplay Opportunity Commission 2 with FMLA Update – 1 00 1: 11:00 – 12:00 11:00 1 Ms. Diamond Mr. Candiello, Ms. Perrong Mr. Lewis, Ms. Tiernan

12:0012 – 1:15 Luncheon

43 44 45 Steering the Problem Rethink Your Approach Beneﬁ ts of Litigating Employee Safely Out to Mediation: Practical an Employment Case in 5

:1 the Door Tools for More Successful Federal Court Rather 2

– Mediation Outcomes Than State Court in NJ 5 :1 1:15 – 2:15 1:15 1 Ms. Sandler Ms. Karapelou, Ms. Uebler Judge Rosen (ret.) Judge Schneider 2:152: – 2:25 Break Ms. Barasch, Mr. Gold

49 50 51 Updating Employee Strange Issues in Consulting or Coaching: Handbooks: Employment Litigation in Talking to Witnesses Traps for the Unwary Pennsylvania During Their Testimony 2:25 – 3:25

Ms. Clemons Mr. Burkhardt, Mr. Mazurek Judge Sánchez, Ms. M. Malloy Great annual update on Mr. Surkin the most recent changes 3:25 – 3:35 Break in employment law.

Well worth the time 55 56 57 commitment! Workplace Harassment: The Americans with Employers’ Oblig Proving It and Defending It Disabilities Act and the the Affordable C George Costanza Hypothetical 2014 Is Fast Ap 3:35 – 4:35 Mr. DiNome, Mr. Kopac Mr. Iannacone, Ms. Williams Mr. Bowers, Ms. Ste 8 29 30 #disTracted!driving: The OFCCP’s Regulatory Legal Liability and and Enforcement Agenda 8:35 – 9:35 8:3 5 – Preventive Measure for 9:

Employers 35

Mr. Pedrow Ms. Horvitz One-stop shopping for the most current trends in employment law. 34 35 36 Limiting Contractor The Rising Tide of How Immigration Terriﬁ c information to take away 9:50 – 10:509:5 Misclassiﬁ cation and Whistleblower Claims: Problems Weave with you—whether you are a 0 – new practitioner or have been

Joint Employment Tips for Representing Themselves Into All 10

Liability Employers and Aspects of the Work :50 practicing for years. Employees Relationship Mr. Puma Mr. Ellis, Ms. Katz Ms. Choi, Ms. Hess Absolutely make every effort to attend!

40 41 42

Lessons from the Lion’s Advanced Topics in The Closing Argument 11:00 – 12:0012:0 Den: Employment Law Wage and Hour Litigation Guides Your Case: Takeaways from the Penn How to Win by Writing State Scandal Your Closing Before

Discovery Begins 0 Mr. Homans, Mr. Lindy Ms. Farmer, Mr. Fryman Mr. Console, Ms. Short Mr. Winebrake

46 47 48 The Arc of Covenants: What’s Happening to Data Matters:

New Developments Pensions and Other New Trends in Wage 1:151:1 – 2:15

in Restrictive Beneﬁ ts? An ERISA and Hour Litigation 5 –

Covenant Law Update 2: 15

Mr. Mills Mr. Salmanson Dr. Kelly

Just the Basics

Employment Counseling 52 53 54 “You Talkin’ To Me?”: Practical Advice for Litigating the

2:25 – 3:25 Litigation Individual Liability Meeting the Regulatory Discrimination Case in Under Employment Law Challenges of the ADA State Court Ethics Statutes and the FMLA

Ms. Hughes, Mr. Torchia Mr. Meyer, Mr. Mohl Mr. Crocenzi, Mr. Markowitz Wage & Hour

58 59 gations Under Unemployment Compensation: Workplace Violence: Care Act: Benefi t Eligibility Changes and Finding a Balance Between 3:35 – 4:35 800-247-4724 / www.pbi.org proaching Appellate Update Employers’ Responsibilities and Employees’ Rights evens Mr. Artz, Mr. Mackarevich Mr. Deratzian, Ms. Zellers 9 WEDNESDAY’S SESSIONS 33. Hot Topics Before the EEOC: their overlap to clients? Through the eyes and experience of a human resources professional and counsel, you will 8:35 – 9:35 am  CHOOSE ONE Recent EEOC Guidance and How to Stay Off the EEOC Radar learn how to obtain critical information from a client in Ms. Lawrence order to give practical advice that will not unduly restrict the 28. The Judges Speak There’s nothing like getting “the inside scoop.” A veteran operations of a client. Judge Diamond, Judge Pratter trial attorney with the U.S. Equal Employment Opportunity Judge Schiller, Mr. Goodman, Ms. E. Malloy Commission (EEOC), Debra M. Lawrence serves as regional 39. U.S. Equal Employment Opportunity Hear from the trial judges who preside over federal attorney of the agency’s Philadelphia District, which Commission Update employment litigation cases. We are honored to have three includes offi ces in Philadelphia, Pittsburgh, Baltimore and Mr. Lewis, Ms. Tiernan judges from the US District Court for the Eastern District Cleveland. She is back by popular demand to fi ll you in on Spencer Lewis, Director, Philadelphia District Offi ce, EEOC, of PA, Judge Diamond, Judge Pratter and Judge Schiller, the latest initiatives. will provide an update on the EEOC, from both a national share their perspectives on a number of issues of interest and Philadelphia District Offi ce standpoint. This update to employment law practitioners, including: • effective will include the following topics: • the do’s and don’t’s of presentation at trial of the plaintiff and the employer’s 34. Limiting Contractor Misclassifi cation and the EEOC Administrative Process, including a discussion decision-maker • pointers for summary judgment motions Joint Employment Liability regarding how the Commission views various requests and and oppositions • the use of the Pilot Project on Initial Mr. Puma responses from attorneys, human resources professionals Discovery Protocols and common discovery disputes. Employers in many industries increasingly rely on and others who represent employers who are respondents There’s nothing better than learning directly from the independent contractors, staffi ng agencies, and other non- in EEOC administration actions • legal update, including judges who hear your cases! traditional working relationships. Join us for a discussion of legislative and regulatory developments, the governing recent cases, settlements and charges, both nationally and with a focus on the Philadelphia District Offi ce, as 29. #disTracted!driving: Legal Liability and standards developed in case law, and most importantly, how to structure operations to limit exposure to contractor well as the EEOC Strategic Plan • the EEOC’s systemic Preventive Measure for Employers misclassifi cation and joint employment claims. litigation strategy and caseload, as well as the reason for Mr. Pedrow the Commission’s focus on this type of litigation and the The recent $21 million verdict against Coca-Cola in Texas, types of cases it chooses to investigate and pursue, such involving a company employee who struck someone while 35. The Rising Tide of Whistleblower Claims: as cases involving employer’s criminal background check talking on her cell phone, has caught the attention of the Tips for Representing Employers and policies and procedures. employment law community. Explore the legal landscape Employees Mr. Ellis, Ms. Katz surrounding employer risks and obligations when it comes 40. Lessons from the Lion’s Den: to employees, driving, and technology. Examine the recent Federal whistleblower law is changing rapidly. The Employment Law Takeaways from the explosion of verdicts against employers whose employees Department of Labor Administrative Review Board has engage in “distracted driving.” Hear the best practices for begun taking an expansive view of Sarbanes-Oxley (“SOX”) Penn State Scandal Mr. Homans, Mr. Lindy policy development. whistleblower law but the federal courts are not necessarily following the lead of the ARB. At the same time, Dodd Frank The tragic events that came to light at Penn State University cases are starting to be fi led in U.S. district courts resulting present a case study on missteps that employers can avoid 30. The OFCCP’s Regulatory and when faced with reports of serious or criminal conduct at Enforcement Agenda in a series of inconsistent decisions. Two experienced whistleblower attorneys discuss the latest case law and a company or institution. We will include an analysis of Ms. Horvitz its implications for both whistleblowers and regulated what went wrong in Happy Valley, and what employment The Department of Labor’s Offi ce of Federal Contract employers. counsel, in-house counsel, and their clients can do to avoid Compliance Programs (OFCCP) is pursuing an aggressive the same fate, including issues of institutional culture, regulatory agenda. It appears that OFCCP expects to reporting misconduct to authorities, investigating claims fi nalize its two proposed rules (to amend 41 CFR Part 36. How Immigration Problems Weave of misconduct internally, resisting efforts by high-level 60-300 and 41 CFR Part 60-741) in April 2013 and Themselves into All Aspects of the Work executives to quash an investigation or minimize the issue three new proposed rules in 2013 (compensation, Relationship response, eDiscovery issues, and the value of training construction (Part 60-4), sex discrimination (Part 60-20)). Ms. Choi, Ms. Hess employees about the duty to report suspected misconduct If fi nal rules have been published, join us for a discussion Given the complexities of a typical corporate transaction, to an appropriate authority. of the fi nal rules. If not, hear what contractors ought to be oftentimes even the best of corporate attorneys/ doing now in anticipation of the fi nal rules. We will also use corporate teams have a tendency to overlook the impact 41. Advanced Topics in actual OFCCP information requests and walk through a of immigration issues on the fi nal “deal.” Decisions Wage and Hour Litigation compensation audit start to fi nish. involving corporate transactions, including but not limited Ms. Farmer, Mr. Fryman, Mr. Winebrake to mergers, acquisitions or a restructuring, must take into New federal Fair Labor Standards Act cases are at an account potential immigration law issues if key employees 9:50 - 10:50 am CHOOSE ONE all-time high. A panel of experienced practitioners will are to be hired or retained. Discover the immigration discuss some of the hottest issues in wage and hour consequences of corporate decisions so you will be able to litigation including: • “opt-in” collective action and 31. Legal Ethics in Social Media perform full diligence on behalf of your corporate clients. Mr. Pasek “opt-out” class action compatibility and managing pendent The emergence of social media has immediate impact on state law claims and parallel state law actions • conditional 11:00 - 12:00 noon CHOOSE ONE the ethical obligations of attorneys. Whether you try cases, certifi cation motions and notice to the prospective class advertise your practice on a website or use the Internet to • defi ning the scope of the class • decertifi cation of investigate your opponents, what you don’t know can get 37. Drafting Effective Separation the FLSA Class • joint employment • necessity of court you into trouble. Come to explore how new technologies Agreements approval of FLSA settlements • offers of judgment impact application of old (and new) ethical principles. Ms. Diamond • advertising for prospective plaintiffs and communication Negotiating and drafting separation agreements often with class members and potential class members. 32. Litigating the Reasonable is the bread and butter of any employment law practice, Accommodation Case: It’s Harder Than whether the termination is a single employee or a 42. The Closing Argument Guides Your Case: You May Think corporate-wide reduction in force. What types of claims How to Win by Writing Your Closing could a terminated employee assert? What is necessary for Mr. Candiello, Mr. Gold, Ms. Greenberg Before Discovery Begins a knowing and valid release? How should tax implications Mr. Console, Ms. Short What happens when an employer determines that there be handled? Analyze the anatomy of a separation is no reasonable accommodation to allow the employee Learn from experienced trial lawyers how to win your case agreement, best practices in reviewing and revising drafts to continue working and litigation ensues? Learn the by knowing your entire closing argument before you even and negotiating modifi cations. peculiarities and jury sensibilities of litigating a reasonable begin discovery. Hear how identifying your strongest points accommodation case, specifi cally: the standard for failure at the very start of the case, as well as your strategies to accommodate claims in the Third Circuit; defenses 38. Veterans’ Rights Under USERRA: for handling your weakest points, can help you win in the such as undue burden, direct threat (it’s not what you may The Interplay with FMLA end. Knowing what you are going to ask the jury to do for think), and the overlooked statutory provision and EEOC Mr. Candiello, Ms. Perrong you allows you to weave your themes into your pleadings, interpretative regulation which precludes a plaintiff’s USERRA and the FMLA are two strict liability statutes witness interviews, written discovery, depositions, and claims if “required or necessitated” by some other federal requiring compliance with complex, technical provisions. motions, not to mention your trial presentation. Your law or regulation, e.g. safety or union issues. What happens when you take two, confusing statutes and coherent, consistent story to the jury, developed from day 10 attempt to give constructive and practical advice about one when you wrote your closing, is the key to trial success. 1:15 - 2:15 pm  CHOOSE ONE 48. Data Matters: New Trends in Wage and 54. Litigating the Discrimination Case in Hour Litigation State Court 43. Steering the Problem Employee Safely Dr. Kelly Mr. Crocenzi, Mr. Markowitz Out the Door Judges are increasingly citing data analyses in their Generally, we fi nd ourselves litigating discrimination cases in Ms. Sandler decisions in wage and hour cases. This new focus on federal court. However, when smaller employers are involved, How can an employer rid itself of a problem employee the data, regardless of which side provides it, has helped we can fi nd ourselves litigating these cases in state court. without creating a likely plaintiff? Hear real world judges to defi ne classes more clearly, or to decertify Gather the best tips for successfully litigating your case in techniques and best practices to manage your workforce classes. What data are being used? How is it presented? state court. We will cover: • discovery rules and techniques and reduce litigation risk. Among the topics covered will be: What do the data show? What are the judges saying? including eDiscovery • dealing with the Judge who will • turning documentation from a chore into a weapon We will focus on recent court decisions to answer these preside over the bench trial (no juries) • motion practice • drafting policies that protect the company from itself questions and more. • recoverable damages and how to manage the differences • recognizing potential causes of action in real time • trial strategy • post-trial procedures. • investigation do’s and don’ts. 2:25 - 3:25 pm  CHOOSE ONE 3:35 - 4:35 pm  CHOOSE ONE 44. Rethink Your Approach to Mediation: Practical Tools for More Successful 49. Updating Employee Handbooks: Mediation Outcomes Traps for the Unwary 55. Workplace Harassment: Ms. Clemons Ms. Karapelou, Ms. Uebler Proving It and Defending It Handbooks are a potential source of disputes and legal Mr. DiNome, Mr. Kopac Have you ever thoroughly prepared for a mediation, only liability. Join us as we highlight important aspects of Hear from two experienced advocates who have litigated, to have it result in an impasse or a less than hoped for updating employee handbooks and identify common arbitrated, and more importantly, worked to resolve outcome? We will explore common mistakes, learned mistakes to avoid as you make sure your handbook workplace harassment disputes. We hope to challenge some behaviors and presumptions which can hinder negotiations, remains current and effective. assumptions about root causes of workplace harassment and provide strategic tools for more successful mediations. and have this be an interactive problem-solving session. Through audience participation, role playing, and facilitated debrief sessions, you will learn how to better interpret 50. Strange Issues in Employment Litigation your opposing parties’ values and recognize potential in Pennsylvania 56. The Americans with Disabilities Act and opportunities for resolution - with the goal of better Mr. Burkhardt, Mr. Mazurek the George Costanza Hypothetical mediation outcomes overall. Join us as we examine: • the right to a jury trial for Mr. Iannacone, Ms. Williams common law wrongful discharge • the availability of Learn from video clips from a Seinfeld episode where George 45. Benefi ts of Litigating an Employment compensatory and/or punitive damages arising from uses a cane while interviewing for a job. The clips address Case in Federal Court Rather Than State a defendant’s approach to litigation • “present value” ADA implications during the hiring process, employment of a Court in New Jersey damages calculation for state law claims in federal court disabled person (and persons perceived to be disabled), and Judge Rosen, Judge Schneider, Ms. Barasch, Mr. Gold • fi ring someone for cause and then not being able to discipline, including termination, of a disabled employee. enforce your non-compete. When does it make sense to try an employment case in federal court in New Jersey and when is state court 57. Employers’ Obligations friendlier? You’ll explore the options and learn the benefi ts 51. Consulting or Coaching: Talking to Under the Affordable Care Act: and detriments of both choices with our distinguished Witnesses During Their Testimonyy 2014 Is Fast Approaching panel comprised of Judge Schneider, federal judge in Judge Sánchez, Ms. M. Malloy, Mr. Surkin Mr. Bowers, Ms. Stevens New Jersey and Judge Rosen (Ret.) who formerly served You can’t talk to your witnesses, even if they are your Many of the provisions of the Affordable Care Act have as a federal judge. Sid Gold will moderate this fascinating clients, during breaks in their cross-examination. Or already been put in place and many more will need to be discussion. can you? Explore the law, the lore, the legends, and the acted on by 2014. Here is your chance to bone up on the ethical rules that affect what some might call coloring new guidance pertaining to employers’ responsibilities, 46. The Arc of Covenants: the witness’ testimony, and others see as facilitating the obligations and opportunities under the Affordable Care Act. New Developments in Restrictive search for the truth. Both trial and deposition testimony Covenant Law will be addressed by the panel. Judge Sánchez, US District 58. Unemployment Compensation: Court for the Eastern District of PA, will provide his judicial Mr. Mills Benefi t Eligibility Changes and insights into these often confusing issues for practitioners. Join us as we highlight new trends and developments in Appellate Update restrictive covenant law in Pennsylvania. We will review Mr. Artz, Mr. Mackarevich the most signifi cant decisions, and build a checklist of 52. “You Talkin’ To Me?”: Individual Liability Pennsylvania employment attorneys need to be aware of elements that should or should not be included in an Under Employment Law Statutes the changing landscape of unemployment compensation. effective and enforceable restrictive covenant. Learn Ms. Hughes, Mr. Torchia The past year has seen signifi cant case law development on how to refi ne and improve the agreements in place with It is not uncommon for managers, supervisors and such topics as independent contractor, “able and available,” employees, or look for fl aws in existing agreements. executives to have at least a basic understanding of and voluntary separation to collect workers’ compensation employment laws. What they do not know, is that they can settlement or early retirement incentives. In addition, be personally liable under a variety of state and federal signifi cant amendments introduced an active search for 47. What’s Happening to Pensions and Other work requirement, triggered partial deduction for severance Benefi ts? An ERISA Update statutes. Representing both the employer and employee perspectives, we will inform you of the limits of personal payments, and adjusted some of the base year calculations Mr. Salmanson and eligibility criteria. We will provide an overview of these liability, review the potential penalties and provide advice to Benefi ts cases continue to raise complex issues which can appellate and statutory changes. avoid liability in the fi rst place. confound the employment law practitioner who does not regularly litigate ERISA claims. Indeed, many employment 59. Workplace Violence: lawyers tend to shy away from ERISA altogether. We will 53. Practical Advice for Meeting the Finding a Balance Between Employers’ focus on signifi cant recent developments in the Supreme Regulatory Challenges of the ADA and Court, as well as cases within the 3rd Circuit, and address FMLA Responsibilities and Employees’ Rights Mr. Deratzian, Ms. Zellers issues of particular interest to employment lawyers, such as Mr. Meyer, Mr. Mohl Incidents of workplace violence are increasingly in the ERISA’s anti-retaliation provision. We will discuss accommodations under the Americans news. While these largely unpredictable tragedies are often with Disabilities Act and the Family and Medical Leave Act, diffi cult to prevent, there are strategies, tips, and guidelines common ADA and FMLA mistakes employers make, as well to help reduce these incidents. We will address: • the types as best practices that can reduce liability. You will: • gain a of behavior and incidents that employers should address better understanding of the coordination between federal • existing laws and regulations applicable to employers’ and state leaves and the ADA • learn about the impact of responsibilities and employees’ rights • working with the recent ADA amendments • hear how employers can unionized workforces and requirements imposed under effectively administer leaves to reduce liability • study ADA collective bargaining agreements • employees’ rights and FMLA enforcement trends. of privacy and Second Amendment rights • workplace prevention policies and procedures, training and prevention 800-247-4724 / www.pbi.org strategies, and protocols for dealing with incidents of violence. 11 FROM PBI PRESS Pennsylvania Employment Law Deskbook

Pennsylvania Employment Law Deskbook Get the book you have been waiting for

Peter J. Ennis Editor At last—a comprehensive deskbook for PA employment lawyers. PBI No. 6519 Here you will ﬁ nd analysis of key state and federal statutes and pivotal Third Circuit and Pennsylvania decisions—

Pennsylvania Employment Law over 2,000 cases cited! Deskbook

Requires Adobe Reader 8.0 or higher (available free) See readme file.

Purchase of this CD-ROM entitles the owner to use it on a single computer only. It may not be copied or used over a CR – 6519 © 2012 network without express written Pennsylvania Bar Institute license from PBI. All Rights Reserved Gain practice tips from lawyers who represent both employers and employees Features handy tools, including tips for handling workplace investigations (and 6 ways to attack the TO ORDER: investigation), sample interrogatories and document requests, and a checklist for employers to avoid Pennsylvania Employment discrimination and other claims. Law Deskbook Pub. 2012 (#6519)—$169 Time-saving professional research tools 8½" x 11" looseleaf binder 622 pages, includes searchable CD-ROM  3 indexes: case names, statutory, and subject matter Include $6.00 shipping and 6% sales tax on  Detailed table of contents so you can ﬁ nd what you need quickly all book orders—see order form.  Searchable CD-ROM of entire book included This book is included in PBI’s automatic update service. PBI will publish new editions as appropriate to keep the book up to date. Everyone who purchases the book will receive each update at a reduced price with 800-247-4724 • www.pbi.org an invoice and an option to return it with no further obligation.

Credit Information

The Pennsylvania Convention Center Institute Credits: Each day of this Institute has been approved by PBI’s customer service department will assist you in ﬁ nding a hotel or directing the Pennsylvania Continuing Legal you to nearby parking garages. Give them a call at 800-932-4637. Education Board for 6 hours of CLE credit. Workshop choices will determine whether credits are in substantive law, practice and procedure or ethics, professionalism or substance abuse.

CPA Credits: The Pennsylvania Bar Institute has been accepted as a  Enter at 12th & Arch Sts. program sponsor by the Pennsylvania State Board of Accountancy and the State of New Jersey Board of Accountancy. This program qualiﬁ es for a maximum of 7 hours of continuing education credit each day.

Human Resource Professionals: This program has been submitted for 12 recertifi cation credit hours toward PHR, SPHR and GPHR recertifi cation through the Human Resource Certifi cation Institute (HRCI). For more information about certifi cation or recertifi cation, please visit the HRCI homepage at www.hrci.org. 14 19th Annual 7348F Four Easy Ways to Register! Employment LAW INSTITUTE MAIL: PBI, 5080 Ritter Rd. PHILADELPHIA – Tues. & Wed., APR. 16–17, 2013 Mechanicsburg, PA 17055-6903 Early Registration** Early Registration** Tuition for Both Days Tuition for One Day (Includes continental breakfasts, refreshment breaks and luncheons) (Includes continental breakfast, refreshment breaks and luncheon) PHONE: (717) 796-0804 Tues., Apr. 16 & Wed., Apr. 17, 2013 Tues., Apr. 16 Wed., Apr. 17 (800) 247-4724 (800) 932-4637  $599 Members — Pa., or any co. bar assn.  $349 Members — Pa., or any co. bar assn.  $599 Human Resource Professional  $349 Human Resource Professional FAX:  $549 Members admitted after 1/1/09  $329 Members admitted after 1/1/09 (717) 796-2348  $649 Nonmembers  $379 Nonmembers  $350 Paralegals attending with an attorney  $175 Paralegals attending with an attorney  $400 Paralegals attending alone  $200 Paralegals attending alone ONLINE: www.pbi.org  $300 Judges and judicial law clerks  $175 Judges and judicial law clerks  $275 Judges and judicial law clerks  $165 Judges and judicial law clerks (admitted after 1/1/09) (admitted after 1/1/09) REGISTRATION CONFIRMATION To receive a confi rmation, please be Maximum CLE Credits: 12 Maximum CLE Credits: 6 sure to include your email address on ** Postmarked on or before March 22, 2013 ** Postmarked on or before March 22, 2013 the registration form. CANCELLATION POLICY  I am registering after March 22, 2013 and have  I am registering after March 22, 2013 and have In order to receive a refund for enclosed a total payment of ______*. enclosed a total payment of ______*. cancellation (less a $25 administrative fee), you must notify PBI by email, * Fees increase by $75 after March 22, 2013 * Fees increase by $50 after March 22, 2013 mail or FAX no later than 2 business days before the course date for the appropriate site. Otherwise, you will receive the course materials in full CD-ROM or Book Available consideration of tuition paid. One copy of the always popular Employment Law Institute materials is included for the day(s) of your REGISTRATION TRANSFERS registration. Please specify whether you wish to have the CD-ROM or printed version. You cannot change Requests for transfers will be your selection on-site; however, you can purchase either the CD-ROM or printed versions for just an honored if they are received before additional $50. If no preference is specifi ed, you will receive the CD-ROM. If you are ordering the course date. course materials SERVICES FOR PERSONS WITH  I’d like the CD-ROM VERSION (CR-7348) of the Institute materials. separately, please DISABILITIES allow two weeks If you require special arrangements,  I’d like the PRINTED VERSION (2013-7348) of the Institute materials. after the course please contact Customer Service for the shipment at (800) 932-4637 at least ten days I cannot attend, but would like to purchase the: of books and four before the course date. to six weeks for the SPEAKER SUBSTITUTIONS  COURSE BOOK (2013-7348): $149 shipment of CDs PBI reserves the right to substitute Include $6.00 shipping and $9.30 sales tax for a total of $164.30 and book/CD sets. speakers at all programs.  PBI SCHOLARSHIPS CD-ROM (CR-7348): $149 PBI offers substantially reduced Include $6.00 shipping and $9.30 sales tax for a total of $164.30 tuition for most PBI seminars to allow attorneys experiencing  COURSE BOOK and CD-ROM (CRS-7348): $199 fi nancial hardship to fulfi ll their Include $6.00 shipping and $12.30 sales tax for a total of $217.30 mandatory education requirement. For details and an application, contact Scholarship Administrator at [email protected] or (800) Name ______Atty. #______932-4637, ext. 2284 at least 30 days before the program. (Scholarships are not available for Online CLE.) Firm______LEGAL SERVICES/PUBLIC INTEREST LAWYERS Address______PBI waives tuition fees for the fi rst 12 hours of CLE taken in each calendar year for attorneys employed full-time City______State______Zip______by many nonprofi t legal services and public interest organizations. These attorneys may enroll for additional Email______CLE courses at 50% of the highest member fee. WEATHER RELATED Phone______/______-______FAX______/______-______CANCELLATIONS Check www.pbi.org or call (800)-932-4637 ext. 2205. I have enclosed my discount coupon in the amount of $______for my  1st  2nd  3rd  4th  5th seminar.

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12 CLE credits including ethics 14 CPA credits

PBI is pleased to cosponsor this program with the Labor and Employment Law Section.

19TH ANNUAL

Hear from 8 federal judges! Employment Honorable Paul S. Diamond U.S. District Court for the Eastern District of PA Philadelphia LAW INSTITUTE Honorable Mitchell S. Goldberg U.S. District Court for the Eastern District of PA Philadelphia Philadelphia | Tues. & Wed., April 16 & 17, 2013 Honorable Gene E.K. Pratter U.S. District Court for the Eastern District of PA Philadelphia Honorable Joel B. Rosen (Ret.) Montgomery McCracken Walker & Rhoads LLP Cherry Hill, NJ Get more info or register NOW by Honorable Juan R. Sánchez scanning this QR code. U.S. District Court for the Eastern District of PA Philadelphia We recommend one of these free Honorable Berle M. Schiller QR code apps: U.S. District Court for the Eastern District of PA Philadelphia iPhone I-Nigma Honorable Joel Schneider Blackberry® get.beetagg.com U.S. District Court, District of New Jersey Camden Windows Mobile/Palm i-nigma.mobi Honorable David R. Strawbridge Android™ Barcode Scanner U.S. District Court for the Eastern District of PA Philadelphia 800-247-4724 / www.pbi.org