Seyfarth Shaw

Steven Pearlman Speaking at the Society of Corporate Secretaries & Governance Professionals National Conference

Thu, 12 Jul 2012 00:00:00 -0400

Steven Pearlman, co-chair of Seyfarth's Whistleblower Team, will speak at the Society of Corporate Secretaries & Governance Professionals National Conference, which will be held July 11-14 in Washington, D.C. Mr. Pearlman will participate on the Whistleblower panel, “Whistleblower Programs One Year After Dodd-Frank Implementation.”

This panel will cover:

The effect of whistleblower rules on corporate compliance programs
Results for the SEC
A look at the early cases
Have whistleblowers changed?

Mr. Pearlman's fellow panelists will include Stephen Kohn, Executive Director of the National Whistleblower Center, and Sean McKessy, Chief of the SEC’s Office of the Whistleblower.

Breakfast Briefing: To Protest or to Engage the Agency Ombudsman: When To Do Which

Tue, 05 Jun 2012 00:00:00 -0400

Welcome to the inaugural Breakfast Briefing series presented by the Construction and Government Contracts Practice Groups. The presentations will cover topics affecting the Construction and/or Government Contracts industries and how to navigate challenges and issues these industries may be facing. Please feel free to share this invitation with your colleagues.

Fueled by shrinking procurement budgets and the resulting increased competition, protests of Federal contract awards are on the rise. Whether in the interest of pursuing protests or in the interest of protecting one's award, it is increasingly important that Federal contractors understand the protest process and strategies associated therewith.

We invite you to join us for a discussion of:

protests, specifically, the decision to protest;
the available forums and the reasons for selecting one forum over another;
strategies for successful protests;
alternatives to formally protesting, such as engaging the agency ombudsman; and
recent pronouncements by the Government Accountability Office, the most popular forum for protests, and how those pronouncements impact when the protest must be filed in procurements of architectural and engineering services.

Breakfast Briefing: Attention All Federal Contractors! Be Prepared to Navigate the OFCCP's Newly Aggressive Audits and "Game-Changing" Regulatory Changes

Tue, 05 Jun 2012 00:00:00 -0400

It’s a new world for federal contractors. The federal contractor community is experiencing the effects of the re-invigorated OFCCP and contractors face compliance audits that are much more intense than ever before, including aggressive efforts to find evidence of race and gender differences in hiring, promotions, terminations and compensation. Applicant tracking problems and other recordkeeping issues are costing contractors hundreds of thousands of dollars, and more, to settle. This, coupled with proposed "game-changing" regulations governing affirmative action for individuals with disabilities and veterans, means that employers who do business with the federal government need to get prepared now.

Please join Seyfarth Shaw to learn about the latest in OFCCP activities and the proposed regulatory changes and their possible impact on your organization. During the breakfast briefing, we will discuss:

The OFCCP's aggressive audit activities, including more extensive audits, bigger settlements, and a new proposed audit scheduling letter that will greatly expand the initial audit document submission;
The proposed disability regulations, which would dramatically expand federal contractors’ compliance requirements regarding non-discrimination and affirmative action for applicants and employees with disabilities, including a standard goal that 7% of all employees in each of your job groups are individuals with disabilities;
The proposed veterans regulations, likely to be final before the election, which require multiple mandatory local recruiting linkages to veterans organizations, as well extensive recordkeeping and analysis of referrals, applicants and hires; and
The status of the proposed revisions to the construction regulations, the Federal Contractor Compliance Manual, the sex discrimination guidelines, the proposed rescission of the Compensation Guidelines, an update on the OFCCP's attempts to cover healthcare organizations and pharmacies, and OFCCP's efforts to require contractors to file a new compensation report it refers to as the Compensation Data Collection Tool.

To register for this event please click here

Sarah Knight & Matt Christoff Presenting on eDiscovery at ABA Webinar

Thu, 31 May 2012 00:00:00 -0400

Electronic discovery is no longer a rarity, but a reality that all attorneys will encounter in their careers. Ensuring the preservation of electronically stored information (ESI) is a key component of discovery today. Litigants who fail to preserve ESI can face severe consequences, including monetary and evidentiary sanctions, the effects of which can last long beyond a single case. Recognizing the potential issues and concerns in the preservation and collection of ESI is critical to an effective electronic discovery strategy.

Sarah Knight and Matt Christoff, attorneys in Seyfarth's eDiscovery and Information Governance Practice, will introduce participants to these considerations and the complexities and pitfalls of e-discovery issues in any size case. The program will also address recent case law and emerging technologies, such as cloud storage and social media, and what strategies litigants employ to successfully manage ESI preservation and collection. Join us for an insightful and practical discussion of these issues using real-life examples and illustrations.

The Peculiarities of California Employment Law: Annual Update

Thu, 31 May 2012 00:00:00 -0400

California continues to be "ground zero" for new employment laws and new theories of employer liability that radiate out to other states and that may very well find their way into new federal laws and regulations. As a result, it is imperative that employers with California employees understand and comply with their peculiar legal obligations. In this program, our experts will cover the growing list of laws with which executives and managers, general counsel and human resources professionals must comply in California, including laws related to:

Leaves of absence
Arbitration
Employer liability to third parties
Employment discrimination
Wage and hour laws and litigation
Covenants not to compete
Independent contractors

What Every Public Sector Employer Should Know About Computer Use And Social Media - A Timely Webinar

Wed, 23 May 2012 00:00:00 -0400

Employers generally have embraced the benefits of social media for a wide variety of uses. Although there are various legal pitfalls associated with the use and misuse of social media by employees and management, those legal challenges are greatly enhanced in the public sector. As the law struggles to keep pace with rapid technological change, it is important that you are not left behind. A systematic and proactive approach to computer use and social media can permit your public entity to benefit from the use technology and social media, while limiting the potential for liability.

Marc is an experienced labor and employment attorney with significant experience counseling public and private sector clients. Brian, a former Cook County Assistant States Attorney, is an experienced litigator who does significant work in the areas of computer fraud and abuse and technology-related litigation

Topics for the program will include:

Best practices regarding policies and procedures
How to avoid the violation of the legal rights of employees’ and others
Some lawful uses of social media for public entities

Protecting Your Trade Secrets in the Financial Services Industry

Tue, 22 May 2012 00:00:00 -0400

The fourth webinar of the 2012 series will focus on trade secret considerations in the banking and finance industry, including prosecuting claims against former employees who are FINRA members. Topics will include:

What practical steps can financial services institutions implement to protect trade secrets and client relationships
What should you do if your trade secrets are improperly removed or disclosed, or if your former employee is violating his/her agreements
How does the 2011 America Invents Act (Patent Reform Legislation) potentially impact the use of trade secrets
How do you prosecute a case against a former employee who is a FINRA member

Our panel consists of attorneys with experience advising clients on trade secret and non-compete issues concerning best practices, risk mitigation, and prosecuting and defending trade secret misappropriation claims. CLE credit will be available for participants.*

If you have any questions, please contact events@seyfarth.com.

Seyfarth has applied for CLE credit in IL, NY, and CA. If you would like us to pursue CLE credit in any additional states, please email events@seyfarth.com. Please note that in order to receive full credit for attending this webinar, the registrant must be present for the entire session. This program is appropriate for both newly admitted and experienced attorneys.

Breakfast Briefing: EEOC's New Guidance on the Use of Criminal Records in Employment

Wed, 16 May 2012 00:00:00 -0400

On April 25, the Equal Employment Opportunity Commission (EEOC) voted in favor of new Enforcement Guidance relating to employers' use of arrest and conviction records, imposing greater restrictions on the use of criminal histories when making employment decisions.

Please join Seyfarth Shaw on Wednesday, May 16 for a comprehensive analysis of the EEOC's new guidance, and the steps that employers can take to mitigate their risk of challenges under Title VII.

To register please click here

Lenders Roundtable

Wed, 16 May 2012 00:00:00 -0400

In today's challenging and uncertain economic climate, sharing knowledge about market norms, best practices, trends and developments is a critical part of every lending professional's job. Yet the opportunities for lenders to come together solely with their peers are rare.

With that in mind, Seyfarth Shaw would like to invite you to an off-the-record, informal networking event exclusively for commercial finance lenders. The evening will begin with a roundtable discussion to review the year thus far and consider what may lay ahead for the remainder of 2012.

We will reflect on the following:

How are lenders confronting economic uncertainty and protecting themselves against shocks?
Will the demand for credit from credit-worthy borrowers increase?
Will syndication markets remain fluid?
What industries are in trouble and how are borrowers in those industries reorganizing?

The roundtable discussion will be followed by a cocktail reception where the dialogue and networking can continue on a one-on-one basis. We hope you will be able to join us for our first lenders roundtable and networking event.

To register please click here

Steve Pearlman Presenting at 2012 ECOA Sponsoring Partner Forum

Fri, 11 May 2012 00:00:00 -0400

How do you manage a whistleblower’s employment after they’ve blown the whistle? How do you hold them to the same standards as other employees in the face of performance problems without inviting retaliation claims? What guidelines should you follow and what can you learn from looking backward after litigation?

Steven Pearlman, co-chair of Seyfarth's Sarbanes-Oxley Act (SOX) Whistleblower Team, and Bob Conlin, an employee hotline specialist with EthicsPoint, will look at the policies you should have in place beforehand to answer these questions. We’ll look at examples of how to proceed - do you give them free reign after they blow whistle? - and how to write clear procedural guidelines to protect both parties.

Held each spring, Sponsoring Partner Forum is designed exclusively for ECOA Sponsoring Partner members (both representatives and associates) as well as Full Government members. Attendees have the opportunity to share ideas and lessons learned knowing that every person in the room is a fellow ethics and compliance practitioner.

Commercial Finance Association’s New York Networking Event

Mon, 07 May 2012 00:00:00 -0400

Seyfarth Shaw is pleased to be a sponsor of the Commercial Finance Association’s New York Networking Event at the NASDAQ Stock Market in Times Square on May 7, 2012.

This event will connect attendees to a powerful network of colleagues and industry leaders in asset-based lending, factoring, appraisals, auctions and liquidations, software development, commercial finance, accounting, insurance and turnaround management.

Attendees will also have an exclusive opportunity to see a taping of Mad Money with former hedge fund manager, Jim Cramer.

For more information about networking with Seyfarth at NASDAQ click here.

Robert Milligan to Present at ITechLaw 2012 World Technology Law Conference & Annual Meeting

Thu, 03 May 2012 00:00:00 -0400

Litigation partner Robert Milligan, along with a panel of experts, will be speaking at the ITechLaw 2012 World Technology Law Conference on the following topics:

Open Source Hardware
The Future of Tech Patents
Trademark Protection in Social Media
New Online Anti-Piracy Initiatives in the U.S.

Robert will present on new online anti-piracy initiatives in the U.S. and Europe, including the Stop Online Piracy Act and the Protect Intellectual Property Act. The legislation would allow intellectual property right holders and the U.S. Attorney General to obtain court orders against websites that facilitate infringement. While the European Parliament has criticized the U.S. legislation, similar legislation is presently being considered in Ireland.

2012 Chief Legal Officer Leadership Forum

Thu, 03 May 2012 00:00:00 -0400

Reduction and control of both risk and cost continue to be top of mind in the general counsel’s office as the economy emerges from recession. Issues around corporate governance, government investigations, and innovative alternative fee structures are taking center stage. How are leading general counsels addressing these issues and the growing prominence of legal’s place in the c-suite? These topics all will be featured at Argyle Executive Forum’s 2012 Chief Legal Officer Leadership Forum (San Francisco).

Seyfarth Shaw is a Senior Supporter Sponsor of the 2012 CLO Leadership Forum in San Francisco.

Wage & Hour Webinar Series Part II - Fighting to Win: Deconstructing Conditional & Class Certification

Wed, 02 May 2012 00:00:00 -0400

For an interactive - and exclusive - analysis of this changing landscape, please join us for the second installment of our webinar series designed specifically for our community of subscribers to our Wage & Hour blog, wagehourlitigation.com.

Designed to reflect the themes and substantive topics covered in Wage & Hour Collective and Class Litigation, partners Noah Finkel, Brett Bartlett and Andrew Paley, who co-authored the book, along with partner Richard Alfred, Chair of Seyfarth’s national Wage & Hour Litigation Practice Group who served as senior editor of the book, will cover the most critical issues involved in the defense of wage and hour collective and class actions.

After the initial webinar titled "Drafting the Blueprint: Modeling An Effective & Efficient Defense" of March 21, 2012, the next webinar will cover the following:

II. Fighting to Win: Deconstructing Conditional & Class Certification
Wednesday, May 2, 2012 at 1 p.m. ET.

Piercing the Plaintiff's Cookie-Cutter Declarations: Using Early Depositions to Defeat or Limit Conditional Certification
A New Arrow in the Quiver Opposing Conditional Certification -- Applying Wal-Mart v. Dukes
Losing the Battle, But Winning the War: Negotiating a Favorable Conditional Certification Notice and "Class" Definition
Why Reports of the Demise of the Anti-Hybrid Arguments Are Greatly Exaggerated
Maximizing Discovery Tools to Defeat Ultimate Class and Collective Action Certification
How the Top Three Arguments Against Ultimate Certification Are Trial, Trial, and Trial

Kevin Lesinski Speaking at Securities Compliance Seminar

Fri, 27 Apr 2012 00:00:00 -0400

Securities Litigation Partner Kevin Lesinski is participating on a panel discussion at the Financial Markets Association's Securities Compliance Seminar, taking place April 25-27 in San Francisco. Kevin's panel will discuss "Whistleblower Rules: A Game Changer," and attendees will:

Learn effective and safe mechanisms for reporting possible misconduct
Explore "Helplines/Hotlines," case management and controls
Understand "tone in the middle": the role of mid-managers in compliance and ethics programs
Interpret protections for both whistleblowers and for supervisors (real and perceived)
Discuss partnerships among Compliance, Audit, HR and Legal

Kevin will be joined by Oliver Quinn, senior counselor at Taft and Partners (former chief ethics officer, Prudential Financial), and Kristin Snyder, associate regional director (examinations) at the SEC.

EEOC Guidance Webinar

Thu, 26 Apr 2012 00:00:00 -0400

For employers watching the media and following the Equal Employment Opportunity Commission's (EEOC) public meeting schedule, it will come as no surprise that the EEOC announced today that it will hold a public meeting next week -- on April 25, 2012 to vote on proposed EEOC Enforcement Guidance relating to employers' use of arrest and conviction records.

Seyfarth Shaw will be holding a webinar on April 26 at 1:30 p.m. central to provide a comprehensive analysis of the EEOC's new guidance and steps that employers can take to mitigate their risks of challenges under Title VII.

NCEO/Beyster Institute 2012 Employee Ownership Conference

Wed, 25 Apr 2012 00:00:00 -0400

The Annual Employee Ownership Conference brings together the people and ideas that keep employee ownership working. Through practical learning, presentations by experts, and peer discussion, this three-day event (plus half-day preconference) keeps attendees at the forefront of the employee ownership world. Employee Benefits Associate John Burgess will present on "Basic ESOP Distribution Rules."

This conference is designed for anyone interested or involved in equity sharing as an effective business strategy, including company presidents, employee-owners, CEOs, executives, directors, managers, investors, and professional service providers. Whether you are a veteran or newcomer to the world of employee ownership, this conference offers valuable insights and information at a variety of levels, covering both technical and non-technical topics.

Breakfast Briefing: Is Your Company At Risk? Latest Enforcement Efforts by the Federal Government

Tue, 24 Apr 2012 00:00:00 -0400

Breakfast & Registration:
9:00 a.m. - 9:30 a.m.

Program:
9:30 a.m. - 11:00 a.m.

Speakers:
Leon R. Sequeira, Senior Counsel
Jason E. Burritt, Associate

In the last three years, Immigration and Customs Enforcement (ICE) has audited more than 6,000 employers and imposed more than $76 million in financial sanctions. Last year alone, ICE issued almost 3,000 notices of inspection, a 375% increase since 2008. In addition, U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) now regularly make unannounced visits at worksites of visa sponsoring employers. As a result of the increased government scrutiny, employers can no longer afford to have a weak or nonexistent compliance program.

We invite you to join us for a discussion of the latest government enforcement efforts relating to legal work status, I-9s, and E-Verify, with a focus on the industries particularly at risk. In addition, we will discuss recent rulemakings and agency actions impacting temporary worker visa programs such as H-1B, L-1, and H-2B. Finally, we will address the latest legislative and policy efforts to reform immigration programs and expand E-Verify to all U.S. employers.

To register for this event click here

Howard Pianko to Present at International Pension & Employee Benefits Lawyers Association Conference

Tue, 24 Apr 2012 00:00:00 -0400

Employee Benefits partner Howard Pianko is scheduled to be a panelist at the 2012 International Pension & Employee Benefits Lawyers Association (IPEBLA) Conference on April 24 in Jamaica. Due to low interest rates, poor fund performance or failure of the employer, pension funds may be substantially underfunded and no one may be available to fund the shortfall. Howard’s panel will answer: How should pension obligations be reduced to conform to available funding? What are the best approaches from a policy point of view? What legal or other principles ought to apply to unilaterally reduce entitlements that are unconditionally “vested”? What legal remedies may be available to plan members? To regulators? What if an insurer from whom annuities have been purchased fails, does the liability pass back to the plan or employer?

Breakfast Briefing: Everything You Need to Know About the D.C. Unemployed Anti-Discrimination Act of 2012

Thu, 19 Apr 2012 00:00:00 -0400

On March 19, 2012, the Mayor of the District of Columbia signed the Unemployed Anti-Discrimination Act of 2012 (the "UADA"), which prohibits employers and employment agencies from discriminating against job applicants based on their unemployment status. After the required period for Congressional review, the UADA is poised to be come the nation's first law to make it illegal to fail to hire an applicant based on his or her status as "unemployed."

This briefing will give you all the information you need to comply with the UADA. We will discuss:

Who is covered by the law;
What "status as unemployed" mean;
What acts are permitted and prohibited under the law; and
Strategies for compliance.

Come and learn what you need to know about how your recruiting processes will be affected by this new law.

Breakfast & Registration:

9:00 a.m. to 9:30 a.m.

Program:

9:30 a.m. to 11:00 a.m.

Speaker:

Karla Grossenbacher

Partner & Chair, Washington DC Labor & Employment Practice

Webinar: Seyfarth "Provides" Meal Break Webinar on Brinker Decision

Wed, 18 Apr 2012 00:00:00 -0400

The California Supreme Court will issue its decision tomorrow in the long-awaited meal and rest period case of Brinker Restaurant Corp. v. Superior Court. The Court is expected to decide whether employers must ensure that employees actually take meal periods, or whether it is sufficient to just make meal periods available. The Court also is expected to provide some guidance regarding the timing of meal periods, and perhaps also of rest periods. Regardless of how the Court rules, the decision will have far-reaching implications for California employers and employees.

Seyfarth Shaw will host a webinar on Wednesday, April 18 at 12:00 p.m. PT to discuss the Brinker decision and its implications.

The effect of Brinker on employer policies and practices related to meal periods and rest breaks, and practical tips for revising them
The impact of 6-hour, 8-hour, 10-hour, and 12-hour workdays on the timing of meal periods
Meal period waivers and on-duty meal period agreements after Brinker
Impact of Brinker on class certification in wage-and-hour cases

Seyfarth Speakers:
Jeffrey Berman, Partner
Dana Peterson, Partner
Brandon McKelvey, Partner

To register for this webinar click here

Breakfast Briefing: Ethical Considerations for In-House Counsel

Wed, 18 Apr 2012 00:00:00 -0400

The role of in-house counsel has become vastly more complicated in the decade since the Enron scandal. Serving as the company's lawyer today means that one must clearly define what role he or she is playing at any given time, to avoid conflicts of interest and inadvertently compromising attorney-client privilege and work product protections. Please join Seyfarth Shaw on Wednesday, April 18 for an interactive discussion of the ethics considerations that need to be top-of-mind for in-house counsel in today's business environment.

We will utilize case studies and hypotheticals to take attendees through the specific ethical issues faced by in-house counsel, including:

Attorney-Client Privilege
Scope of Representation
SOX Whistleblower Litigation
Internal Investigations
Day-to-Day Ethical Considerations

We have partnered with Lawline.com to provide a video recording of this briefing to our clients and friends. If you cannot attend but would be interested in receiving a video recording link after the briefing that can be used to watch the program and receive CLE credit, please click the registration button and selectSend Materials.

Seyfarth Shaw LLP is an approved provider of New York Continuing Legal Education (CLE) credit. This seminar is approved for 1.5 hours of credit in Ethics, and is appropriate for both transitional and nontransitional attorneys. Please note that in order to receive full credit for attending this briefing, the registrant must be present for the entire session.

Seyfarth Partnering with KPMG and Directors Roundtable for Program for Executive Officers

Tue, 17 Apr 2012 00:00:00 -0400

Seyfarth Shaw, KPMG and Directors Roundtable invite you to attend "Dodd-Frank's Impact on the Board Room and C-Suite," a program for boards of directors and executive officers, focused on certain key securities law and other risk issues created and enhanced by the Dodd-Frank Act's changes to Sarbanes Oxley, including:

Whistleblower claims and the SEC's new bounty reward program
How to encourage continued use of internal reporting and compliance protocols
Increased SEC enforcement focus and activity
Compensation Committee risk -- "Say on Pay" votes and clawbacks
Highlights of recent decisions and how to navigate the shifting playing field

DISTINGUISHED SPEAKERS

Brian Martin
Senior Vice President, General Counsel and Corporate Secretary
KLA-Tencor Corporation

Charmaine Mesina
Vice President of Corporate Legal Affairs
Applied Materials, Inc.

Kevin Lesinski
Partner
Seyfarth Shaw

Jennifer Lindsay
Principal
KPMG

Steve Pearlman
Partner, Co-Chair of SOX Whistleblower Team
Seyfarth Shaw

William Prickett
Partner, Chair of Securities Litigation Practice
Seyfarth Shaw

There is no fee to attend. Two hours of CLE and CPE credits are available.

Scott Carlson to Present at West LegalEdcenter Webcast

Thu, 12 Apr 2012 00:00:00 -0400

The impact and cost of eDiscovery are growing substantially as companies continue to struggle with demands. In a lawsuit, as much as one-quarter of a company’s outside legal fees can be related to attorney review and discovery costs. Not only are the expenses and consequences of eDiscovery significant, but legal teams face many potential pitfalls and challenges, often learning firsthand that when it comes to eDiscovery, what you know or don't know can make or break your case.

In the face of this rising tide, managing partners and general counsel are seeking ways to minimize e-discovery risk and reduce expenses. Yet for many organizations, e-discovery remains a reactive process and they do not have a standard operating procedure in place.

While e-discovery cannot be deferred or avoided, there are opportunities to better manage the process and also realize positive returns. Seyfarth's eDiscovery & Information Governance practice co-chair, Scott Carlson, along with other panelists, will discuss best practices and cost-effective strategies to help you better prepare for discovery, and create efficient, defensible processes and systems.

Breakfast Briefing: Looking Back and Looking Forward

Wed, 11 Apr 2012 00:00:00 -0400

2011 was a year of change for employers, and many predict even more
changes in the workplace in 2012.

Please join Seyfarth Shaw on April 11, 2012 for a breakfast briefing to discuss key developments in 2011 and trends to watch for in 2012.

Topics include:

Significant Supreme Court Decisions in 2011
Increased Activity In Federal Agencies
NLRB Rule Changes Affecting All Employers
Key Issues In 2012: Arbitration, Whistleblowers and More
Recent Trends In Wage and Hour Litigation: Dukes, the Regular Rate, the Department of Labor’s Stance on the Fluctuating Workweek, and Collective Actions

Navigating the New Massachusetts Criminal Record Law

Wed, 11 Apr 2012 00:00:00 -0400

On May 4, 2012, major changes are coming that will require all Massachusetts employers conducting criminal background checks to reassess their practices. As we reported previously here, the Massachusetts Legislature overhauled the Criminal Offender Record Information (“CORI”) statute in 2010, imposing a host of new requirements for users and providers of criminal history to be phased in over time. The Department of Criminal Justice Information Services (“DCJIS”) recently issued 84 pages of Proposed Regulations implementing the last of the new requirements and announced a public hearing on the draft regulations scheduled for March 30, 2012. On April 11, 2012, our experts will host a webinar that will provide an overview of the requirements which go into effect on May 4, 2012, an analysis of the proposed regulations, and an update on the DCJIS’s public hearing.

We will discuss the following key points for employers:

Obtaining CORI from DCJIS
Notifying an Applicant Prior to A Potential Adverse Decision
CORI Policy Requirement
Strict Recordkeeping and Storage Requirements
Using a Consumer Reporting Agency (“CRA”) to Obtain Criminal Record Information
The Relationship Between the Massachusetts CORI Law and the Fair Credit Reporting Act
Required iCORI Training
Audits by DCJIS
Penalties for Violations of the CORI Law

Breakfast Briefing: Recent Developments Under the NLRA and the New NLRB

Wed, 11 Apr 2012 00:00:00 -0400

Please join us for a breakfast briefing to discuss the latest decisions and initiatives happening at the NLRB. As recent NLRB action has shown, even those employers without a unionized workforce need to be aware of what is going on with this administrative agency.

Topics to be Discussed Include:

What is the status of the expedited election rules and what should employers do to prepare for them
What is the latest Board action on social media policies
What recent decisions have the greatest impact on union and non-union employers
The impact of the recent NLRB recess appointments
What to expect from the NLRB in 2012

Program Speakers:

Marshall B. Babson
Partner & Former Member of NLRB

Kenneth R. Dolin
Partner

Kristin E. Michaels
Partner

Ronald J. Kramer
Moderator, Partner

To register click here

Steven Pearlman Speaking at The Conference Board Special Webcast on Dodd Frank Whistleblower Rules

Wed, 04 Apr 2012 00:00:00 -0400

With the first six months of operation under the new (and still controversial) Dodd Frank whistleblower program now completed, Seyfarth partner Steven Pearlman and other key leaders from the enforcement, whistleblower advocate, and corporate defense communities join in this interactive executive briefing, with opportunity for Q&A and audience polling.

How is the new program managing the record number of whistleblower tips (344 in the first 7 weeks, nearly 50 per week) from individuals not only in the U.S., but also foreign jurisdictions including U.K., China and Australia?

How have companies reacted to these developments?

What lessons and takeaways for industry, particularly Boards, CEOs, CECOs, GC’s and other leaders within organizations?

This “must attend” briefing includes an analysis of the results so far: including the SEC website listing of more than 170 cases (where sanctions against a company exceeded $1,000,000) potentially eligible for whistleblower payouts of between 10–30 percent of the total penalties paid. And the coffers of the SEC’s Investor Protection Fund, which helps fund the bounty hunter payments to whistleblowers, are full. The fund balance is more than $452 million. In May 2011, SEC Chairman Mary Schapiro stated, “Our rules create incentives for people to report misconduct to their employers, but only if those companies have created an environment where employees feel comfortable that management will take them seriously—and where they are free from possible retaliation.”

This high-level, knowledgeable panel will review the Dodd Frank program results so far and what they mean for organizations going forward.

This program is targeted to boards, CEOs, corporate secretaries and leaders of compliance, HR, legal, audit, security, and other areas responsible for supporting legal and ethical culture, compliance, and internal investigations within organizations.

Breakfast Briefing: Navigating the New Massachusetts Criminal Record Law

Wed, 04 Apr 2012 00:00:00 -0400

On May 4, 2012, major changes are coming that will require all Massachusetts employers conducting criminal background checks to reassess their practices. As we reported previously, the Massachusetts Legislature overhauled the Criminal Offender Record Information ("CORI") statute in 2010, imposing a host of new requirements for users and providers of criminal history to be phased in over time. A few days ago, the Department of Criminal Justice Information Services ("DCJIS") issued 84 pages of Proposed Regulations implementing the last of the new requirements and announced a public hearing on the draft regulations scheduled for March 30, 2012. Seyfarth Shaw invites you to join us at 8:00 a.m. on April 4, 2012, for a Breakfast Briefing, where our experts will provide an overview of the requirements which go into effect on May 4, 2012, an analysis of the proposed regulations, and an update on the DCJIS’s public hearing.

There is no cost to attend this event but registration is required and seating is limited. Please click here to register.

To read the One Minute Memo issued on this topic click here

Howard Pianko to Co-Chair PLI's Pension Plan Investments 2012

Tue, 03 Apr 2012 00:00:00 -0400

Experienced practitioners in the area of pension investment law, together with senior representatives of the Department of Labor, will give their perspectives, and illuminate issues, on current topics and recent developments. Continued statutory, regulatory and market changes ensure a full agenda of new developments to be debated and analyzed by the panelists.

Panel topics include:

"401(K) Plan Investment and Administration Issues"

New final regulations under section 408(b)(2)
Implementation of the recent Form 5500 enhanced reporting requirements
Evolution of stable value fund and life cycle fund offerings

"Updates, Issues and Perspectives"

Discussion of recent prohibited transaction exemption developments and priorities
Practitioners’ Q&A session

"Litigation Review"

Current DOL enforcement and litigation issues
Summary of case law developments

Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.

Please click here to register.

Diane Dygert to Present at PLI's Pension Plan Investments 2012

Tue, 03 Apr 2012 00:00:00 -0400

Employee Benefits Partner Diane Dygert will participate on the panel "401(K) Plan Investment and Administration Issues," which will cover the following:

New final regulations under section 408(b)(2)
Implementation of the recent Form 5500 enhanced reporting requirements
Evolution of stable value fund and life cycle fund offerings
Final investment advice regulations

Seminar attendance includes course handbook and associated course materials. A downloadable course handbook will also be available several days prior to the program start for your review.

Health Care Reform Supreme Court Oral Argument Debriefing: Implications for Employers

Thu, 29 Mar 2012 00:00:00 -0400

Three crucial days at the end of March, when the Supreme Court hears oral arguments on legal challenges to the Patient Protection and Affordable Care Act (PPACA), may determine the future scope of government involvement in healthcare in the United States. Immediately following the Supreme Court oral arguments taking place March 26-28, members of Seyfarth Shaw’s Health Care Reform Team will provide analysis on the arguments in a webinar, which we invite you to attend.

Final briefs by the parties and others interested in the case are due to the Supreme Court today, March 13, 2012. The Supreme Court has set aside an unprecedented six hours for oral arguments in the landmark case challenging various elements of the health care reform law:

Individual Mandate
Severability
Medicaid Expansion
Timeliness

Registration:

There is no cost for attending this webinar, however, registration is required.

CLE credit will be available for participants.*

If you have any questions, please contact events@seyfarth.com.

The New Risk: Employee Theft Of Trade Secrets And Confidential Information In The Name Of Protected Whistleblowing

Tue, 27 Mar 2012 00:00:00 -0400

Can Employees Steal Trade Secrets & Confidential Information To Support Their Whistleblower Claims?

The answer: It depends who is adjudicating the case, as a sharp conflict recently has arisen on this issue between federal and state courts and the U.S. Department of Labor (DOL). The DOL's Administrative Review Board (ARB) recently suggested that such activities may indeed qualify as protected activity under the whistleblower protection provisions in the Sarbanes-Oxley Act. The ARB acknowledged the acute tension between employer confidentiality policies and employee whistleblower bounty programs, like those in the Dodd-Frank Act, which preclude enforcement of confidentiality agreements. Although the New Jersey Supreme Court took a similar approach, numerous federal courts have renounced such resorts to "self-help" and bypassing of civil discovery rules. What does this mean for companies seeking to protect their trade secrets and confidential information? How should management and board members respond in the face of these decisions and their seemingly competing obligations to protect assets such as trade secrets and confidential information -- which often are a company's most valuable assets?

This webinar will discuss the following topics:

Recent decisions addressing the interplay between maintaining employer confidentiality and protection of trade secrets and protected activity under whistleblower statutes and “self-help” discovery;
The provisions in whistleblower bounty programs that preclude enforcement of confidentiality agreements;
The duty to safeguard trade secrets and confidential information under various statutes;
Appropriate procedures and strategies for protecting company secrets; and
Tips to address anonymous whistleblowers in the Internet and social media age.

CLE credit will be available to participants.*

If you have any questions, please contact events@seyfarth.com.

WMACCA Employment and Labor and Government Contractors Forums

Tue, 27 Mar 2012 00:00:00 -0400

Recruiting and hiring former Government employees and military personnel have always offered unique risks, including civil and criminal prosecutions, but recent regulatory changes have upped the ante. In addition to the long-standing proscriptions of 18 U.S.C. 207 and the Procurement Integrity Act, the Ethics Pledge (for political appointees), FAA regulations, and new DFARS requirements have added compliance elements. For example, did you know that anyone bidding on a DoD contract must certify that all of their employees and consultants who are “covered DoD officials” are in compliance with their post-employment restrictions?

The presentation will address:

The rules, including recent revisions, and best practices to allow companies to maximize the strategic value of their hires while complying with the various restrictions and preserving their ability to participate in future procurements.
Recent updates involving the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) that every government contractor needs to know.

CLE: WMACCA will apply for 1.5 hours of Virginia MCLE credit.

Steven Pearlman Speaking to Society of Corporate Secretaries and Governance Professionals

Fri, 23 Mar 2012 00:00:00 -0400

Many are calling 2012 the "Year of the Whistleblower." Sarbanes-Oxley Act (SOX) whistleblower cases are proliferating at an exceptional rate, and SOX whistleblower plaintiffs are naming individuals in the C-suite as defendants with greater frequency. Recently, the U.S. Department of Labor's (DOL) Administrative Review Board has raised the stakes by substantially expanding the scope of what qualifies as protected activity under SOX and expanding the scope of SOX's coverage. And the new Dodd Frank whistleblower rules just complicated the landscape. Recognizing the importance of employees to the effectiveness of company compliance programs, as well as the risks associated with whistleblower claims, this presentation will focus on recent trends in whistleblower litigation and discuss the most effective methods of defending whistleblower cases in litigation before the DOL and federal courts alike, and discuss tools and techniques for appropriately responding to good faith whistleblowers and minimizing the risk of retaliation claims.

Steven Pearlman, co-chair of the firm's Sarbanes-Oxley Act (SOX) Whistleblower Team, will partner with Randi Morrison, Assistant Editor of TheCorporateCounsel.net, to present this informative program.

To register for this event, please click here.

Complimentary Webcast: The New Whistleblower Regime -- Understanding & Minimizing Risks

Fri, 23 Mar 2012 00:00:00 -0400

PANELISTS:

Steve Pearlman - Partner, Seyfarth Shaw's Labor & Employment Department; Co-Chair, Seyfarth Shaw's National Sarbanes-Oxley Act Whistleblower Team

Steve focuses his practice on complex employment litigation, with a particular emphasis on defending Sarbanes-Oxley whistleblower cases. Steve has successfully tried cases to verdict in Illinois, Florida and California, and has defended the largest class action in the history of the Northern District of Illinois (over 95,000 class members). In addition, his practice places a particular emphasis on minimizing the risk of whistleblower claims by counseling companies to restructure their compliance programs and develop critical response teams that marry compliance, legal and human resource functions. He has pioneered this process using unique Lean Six Sigma-based methodologies. He recently appeared on Bloomberg News to debate the implications of the Dodd-Frank bounty provisions, and leading publications such as the Wall Street Journal turn to him for insight. The RAND Corporation also has turned to him for guidance and the U.S. Department of Labor invited Steve to serve as a stakeholder and submit amicus briefs. Steve was selected by the Law Bulletin Publishing Company as one of "40 attorneys under forty" to watch.

Randi V. Morrison - Attorney, Axiom Law; Assistant Editor, TheCorporateCounsel.net; Consultant, LRN Corp.

Randi has served as General Counsel and Corporate Secretary for two publicly traded companies, and has served as in-house counsel with public companies for 20 years. As in-house counsel and corporate secretary, she has overseen and actively participated in all aspects of corporate governance, including serving as the principal contact with the board of directors and significantly enhancing companies' corporate governance postures; myriad compliance and disclosure matters including those associated with the SEC, NYSE and SOX, as well as duties as co-chair of a Board-appointed Remediation Committee following an internal Audit Committee-led accounting investigation and associated SEC and DOJ investigations; M&A transactions (including the sale of her company to a competitor); numerous financing and capital raising transactions; executive compensation and benefits; and supervision and management of the Legal, Investor Relations, Internal Audit and Risk Management functions.

A long-time Society member, Randi is currently an Attorney with Axiom Law, Assistant Editor of TheCorporateCounsel.net, and a Consultant with LRN, a leading ethics and compliance provider for companies worldwide.

To register for this complimentary webcast, please click here:

If you have any questions, please contact events@seyfarth.com.

Breakfast Briefing: Going Viral: What Every Employer Needs To Know About Social Media

Wed, 21 Mar 2012 00:00:00 -0400

Although many employers have embraced the benefits of social media for recruiting, marketing and business development, there are a number of legal pitfalls associated with its use/misuse by employees and management. The law is struggling to keep pace with rapid technological and behavioral mutations, and employers can ill afford to be left behind. Foolproof inoculations may not exist, but an employer’s resistance to risk can be improved significantly by taking a proactive approach to social-media strategy.

Please join Seyfarth Shaw for a discussion of what every employer needs to consider regarding social media and its impact on human capital.

Topics include:

Best practices: employee relations, policies, privacy and off-duty conduct
“Protected Concerted Activity” wielded by the NLRB against even non-unionized employers’ social media policies and monitoring
Use of social media to attract and screen potential employees
When social media and trade secrets collide

Drafting the Blueprint: Modeling An Effective & Efficient Defense

Wed, 21 Mar 2012 00:00:00 -0400

Announcing TheWage & Hour Collective and Class Litigation Webinar Series for Wage & Hour Blog Subscribers

Seyfarth Shaw's Insider's Advanced Guide to Wage & Hour Case Law, Procedure and Trends

Wage and hour lawsuits have become the hottest area of workplace litigation, surpassing discrimination, harassment and pay-and-promotion as the dominant battleground in the American workplace. According to the Federal Judicial Center, the number of wage and hour cases filed in federal court increased 15% in 2011, continuing the trend that started a decade ago. To meet the need of employers faced with these lawsuits, Seyfarth Shaw recently published a new, first-of-its-kind treatise, Wage & Hour Collective and Class Litigation, addressing the defense of this type of workplace litigation.

For an interactive - and exclusive - analysis of this changing landscape, please join us for our upcoming webinar series designed specifically for our community of subscribers to our Wage & Hour blog, wagehourlitigation.com.

Please note: This webinar series is intended only for subscribers to our Wage & Hour blog. If you do not yet subscribe to our Wage & Hour blog, and would like to participate in the webinar series, we invite you to join our Wage & Hour blog community by clicking here. Unfortunately, due to bandwidth limitations, we only will be able to accommodate those who have registered for the blog by March 20, 2012.

Designed to reflect the themes and substantive topics covered in Wage & Hour Collective and Class Litigation, partners Noah Finkel, Brett Bartlett and Andrew Paley, who co-authored the book, along with partner Richard Alfred, Chair of Seyfarth’s national Wage & Hour Litigation Practice Group who served as senior editor of the book, will cover the most critical issues involved in the defense of wage and hour collective and class actions.

Information on our upcoming webinar:

Drafting the Blueprint: Modeling An Effective & Efficient Defense
Wednesday, March 21, 2012 at 1 p.m. ET.

The inaugural webinar of our series will provide an overview of the wage & hour litigation landscape and will cover the following specific topics:

Initial Case Assessment -- Including Evaluating the Complaint; Preliminary Exposure Analysis and Fact Investigation; and Document Preservation
Establishing the Business Objective and Creating the Strategy Aimed at Achieving It
Early Resolution
Pros and Cons of Arbitration
Discovery Concerns -- The Importance of a Plan
Setting the Stage for the Collective/Class Action Battle

Breakfast Briefing: Managing Employee Absences

Tue, 20 Mar 2012 00:00:00 -0400

This program will discuss the do's and don'ts of managing employee absences and will provide a checklist for employers on how to analyze and respond to leave of absence requests, including discussing:

Company vacation and attendance polices.
Employer obligations under the FMLA and ADA.
Which employees are covered, what conditions are covered, and what medical certifications you can require.
When an employer can obtain a medical examination, and what accommodations are required.
Problems with intermittent leave, long term absences, requests for work schedule changes and telecommuting.
The new military leave requirements, and special statutes like DC FMLA, DC paid leave, and Maryland's special leave laws

John Napoli to speak on the Joint Ventures with Opportunity Funds, Tax-Exempt Investors & REITs panel at the Practising Law Institute’s 14th Annual Real Estate Tax Forum Program

Mon, 19 Mar 2012 00:00:00 -0400

John Napoli to speak on the Joint Ventures with Opportunity Funds, Tax-Exempt Investors & REITs panel at the Practising Law Institute’s 14th Annual Real Estate Tax Forum Program on March 19, 2012. The program will be held in New York at the PLI Center located at 810 7th Avenue.

At this annual program, nationally-recognized real estate tax experts will provide attorneys, accountants and real estate professionals with both an overview of the tax laws pertaining to real estate ownership and investment, and a detailed analysis of the most sophisticated and creative tax planning techniques available for structuring, restructuring and unwinding real estate transactions in today’s challenging capital markets. The panel will cover:

Current structures and deal terms, including contribution transactions and hope certificates
Understanding “series LLCs” and the new proposed regulations
704(c), 707, 737, 752 strategies
752 rules in joint ventures including contingent liabilities and disregarded entities
Recent disguised sale cases: Canal Corporation and G-I Holdings
Rules on built-in loss properties and mandatory basis adjustments
Pulling cash out tax-free in contribution transactions
REIT update (including incentive compensation OP Units, LTIPs)
Partnership equity for services regulations
Avoiding UBIT (fractions rule issues)
Structures for avoiding UBIT & bad REIT income (including parking income issues)
Phantom income solutions (including clawbacks)
Ethical issues

March Madness Celebration

Fri, 16 Mar 2012 00:00:00 -0400

Come cheer on your favorite team with the Real Estate Group of Seyfarth Shaw, Republic Commercial Title Company and Terracon

To Register: click here

Kate Perrelli Presenting at 2012 Commercial Litigation Funding & Investment Summit

Wed, 14 Mar 2012 00:00:00 -0400

Infocast’s Commercial Litigation Funding & Investment Summit 2012 provides an unprecedented opportunity to meet the most experienced commercial litigation fund managers, investors and litigators, and gain an invaluable introduction to this emerging asset class. Major Law firms and corporate counsels will discuss the use of third party capital in commercial litigation and how outside funding can help with alternative billing and customer retention in today’s legal economy. Leading litigation investment managers will explore the potential risks and rewards of various business models and investments in this asset class. Finally, investors will give their perspectives on the risk and reward profiles they find attractive. Attend to learn how you can profit from commercial litigation funding.

Litigation Department chair Kate Perrelli, along with Steven Greenspan of United Technologies Corporation, will present "Making the Most of Your Reduced Litigation Budget - Role of Alternative Fee Arrangements in Litigation Management." Often corporate counsel with budget pressures feel like the solutions most often being suggested don't really match the realities of litigation practice. This presentation will discuss how AFAs can be used to manage litigation budgets while maintaining effectiveness:

Alternative Fee Arrangements that align the clients' interests with those of its counsel
Controlling expert costs via sharing and budgeting

EEOC-Initiated Litigation: Case Law Developments In 2011 And Trends To Watch For In 2012

Tue, 06 Mar 2012 00:00:00 -0400

On January 31, Seyfarth Shaw LLP published its new White Paper entitled EEOC-Initiated Litigation: Case Law Developments In 2011 And Trends To Watch For In 2012, a special report that examines 79 major decisions on EEOC cases from 2011, and analyzes key trends in EEOC litigation and what employers can expect in 2012. The report can be downloaded here. On March 6, we will host an interactive webinar that will guide attendees through an analysis of these rulings and trends, and provide clients and friends of the firms with an opportunity to participate in a virtual dialogue with authors Gerald L. Maatman, Jr. and Christopher DeGroff, co-chairs of the firm’s Complex Discrimination Litigation group.

A preview of topics to be discussed include:

The EEOC's commitment to pursue bigger, higher-profile cases. Large-scale cases were a major theme in 2011, which was the second straight year of a record number of class-like federal court filings. Indeed, for the past five years, the EEOC’s public strategy has been to further its agenda through prosecution of large-scale cases that will attract media attention, with the hope that this brand of class litigation will channel employers’ behavior.
The "mixed bag" of judicial rulings in EEOC cases, range from the employer-friendly to those that sent chills through the employment community.
More aggressive systemic investigations. It is virtually certain that employers will see even more aggressive systemic investigations (and related subpoena enforcement actions) in the coming year. With recent wins on the scope of the EEOC’s investigative power, we expect the EEOC to undertake broader and deeper investigations that will help avoid repeat performances of the sanctions the Commission absorbed in 2011 in cases where federal judges called the EEOC to task for not doing its homework. Furthermore, despite the EEOC’s questionable position that it serves as a "neutral" in the investigation stage, its 2012-2016 public strategic plan states that it will pursue "an integrated, holistic approach to enforcement from beginning to end, without separating the investigation and conciliation stage of the EEOC’s work from its litigation stage."
New partnerships and alliances. We foresee the EEOC joining forces with other parties to achieve its objectives. As one example, in November 2011, the EEOC and the OFCCP promised to coordinate their enforcement efforts and share discrimination claim information. We also observed an unprecedented amount of coordination between the EEOC and the private plaintiffs’ class action bar in 2011, and expect that trend to continue into year ahead.
The role of ADA claims in the EEOC's 2012 agenda. Employers also can expect disability discrimination claims to figure significantly in the EEOC’s 2012 agenda. The Commission has stated publicly that enforcing ADA claims is a key goal, and the number of ADA cases in 2011 demonstrates that goal is well on its way to becoming a reality.

To learn more, please join us for the webinar (a registration link is provided to the right), or download a copy of EEOC-Initiated Litigation: Case Law Developments In 2011 And Trends To Watch For In 2012 by clicking here.

To register for this webinar click here

8th Annual CGOC Summit 2012

Wed, 29 Feb 2012 00:00:00 -0400

Information Governance is rapidly emerging as the convergence and coherence of disparate information and risk management practices, particularly eDiscovery, records management, and data governance. Legal, records, business and IT are joint information stakeholders, but often don’t operate as such or recognize their fundamental dependencies. When these stakeholders work in concert with a unified approach to information governance, companies can make step-change improvements in information economics by disposing of unnecessary data, curbing storage growth and reducing the information volume-related costs of litigation – often saving $50 million or more.

The program includes a combination of presentations by information governance leaders and working sessions on cost analyses, program and organization models, practice benchmarks and leadership models. Participants will have the opportunity to learn from other leaders and work jointly with colleagues and peers on applying these tools and models in their own organization.

Topics include:

Information Economics
Governance Program Charter and Structure
Process Optimization
Practice Leadership in Legal, Records, and IT to Drive Step Change Results

Robert Milligan to Speak on Protecting Your Trade Secrets in the Global Economy: Key Trade Secret Considerations in the United States and Europe

Wed, 29 Feb 2012 00:00:00 -0400

The ITechLaw Intellectual Property Committee presents the upcoming webinar, “Protecting Your Trade Secrets in the Global Economy: Key Trade Secret Considerations in the United States and Europe.” Joren DeWachter, Peter Huppertz, and Robert Milligan will discuss trade secret issues in Europe and the United States, including an overview of the law in these jurisdictions and a discussion of important new cases and the threats to trade secrets and confidential information in these regions. Topics include the following: (1) Overview of trade secret law in the United States and selected European countries, including a discussion of the impact of a forum's legal system.; (2) Drafting considerations for confidential/trade secret protection agreements as well as appropriate policies in these regions; and (3) Comparison of similarities and differences of trade secret law in these regions and the United States.

Non-Member registration is $35.00 and may be accessed here.

ITechLaw members may attend this webinar for free. Please register here.

ITechLaw has been serving the technology law community worldwide since 1971 and is one of the most widely established and largest associations of its kind. It has a global membership base representing six continents and spanning more than 60 countries. Its members and officials reflect a broad spectrum of expertise in the technology law field.

Webinar: Annual Employment Law Update for California Employers

Wed, 29 Feb 2012 00:00:00 -0400

In 2011, the California Legislature passed many new laws that will challenge employers in 2012 and beyond. In our first breakfast briefing of 2012, we will summarize the new legislation that will affect employers doing business in California and provide practical solutions for compliance. We will also highlight key case law and regulatory developments of 2011, as well as significant changes we may expect in 2012.

Specific Briefing Topics Include:

New California employment legislation effective January 1, 2012, including changes to laws regarding wage notices; credit checks; pregnancy protections; mandatory benefits; genetic and gender-based discrimination; independent contractors; commission agreements; and more

New regulations expected in 2012, which will affect areas including leaves and reasonable accommodations

Key 2011 court decisions regarding classification of workers as exempt from overtime; California wage laws applying to non-residents; meal periods and rest breaks; arbitration agreements; plus key decisions on retaliation, harassment, and class actions

To register for this webinar click here

Ben Conley Presents Health Care Reform Program to WEB Chicago

Thu, 23 Feb 2012 00:00:00 -0400

Employee Benefits attorney Ben Conley, a member of the firm's Health Care Reform Team, presented "Healthcare Reform -- The Work is Not Over Yet" to the Chicago-West Suburban Chapter of Worldwide Employee Benefits Network (WEB). Ben's presentation discussed the short-term considerations under health care reform, including W-2 reporting and fiduciary issues relating to the medical loss ratio rebates. Additionally, long-term design strategies for minimizing exposure to the 2014 employer penalties were discussed.

Breakfast Briefing: Independent Contractors: Risks and Potential Pitfalls to Avoid

Wed, 22 Feb 2012 00:00:00 -0400

There are certain risks employers face when designating a worker as an independent contractor (IC) (sometimes referred to as consultants). Misclassification of employees as ICs can result in FLSA violations and problems with the IRS, unemployment compensation issues, and workers' compensation problems, including potential criminal liability if workers' compensation insurance was not obtained. Merely labeling a worker an IC or consultant is not a defense.

Employers should also be aware of Title VII exposure and certain duties under the FMLA when hiring workers from a staffing or employment agency, often labeling them as temporary employees.

Please join us as we discuss the relevant factors which are considered when a determination is made as to whether an independent contractor is in fact legally an employee, and what employers can do to minimize their risks of regulatory action and financial exposure.

To register for this event click here

Adam Greetis Speaking to HRMAC Total Rewards Interest Group

Thu, 16 Feb 2012 00:00:00 -0400

On Thursday, February 16, Employee Benefits Partner Adam Greetis will participate in a program hosted by the Human Resources Management Association of Chicago (HRMAC) and its Total Rewards Interest Group. The panel will discuss how the current economy is changing and the ways companies design, implement and communicate incentives to engage employees.

Program Objectives:

Learn how other employers are dealing with incentives in the current economic climate
Get updated on current compensation and incentive survey results
Learn new incentive strategies to engage and motivate employees

Panelists:

Adam Greetis
Partner, Employee Benefits
Seyfarth Shaw LLP

Steve Sullivan
Director, Strategy and Human Capital
RSM McGladrey

Moira Madell
President and Managing Director
Madell Consulting

Seyfarth Shaw's 8th Annual Workplace Class Action Report: Looking Back at 2011 and Ahead to 2012

Thu, 16 Feb 2012 00:00:00 -0400

Thursday February 16, 2012

1:00 p.m. to 2:30 p.m. Eastern
12:00 p.m. to 1:30 p.m. Central
11:00 a.m. to 12:30 p.m. Mountain
11:00 a.m. to 12:30 p.m. Mountain

Click here to register

Speakers: Gerald Maatman; Lorie Almon & Ian Morrison

In 2011, workplace class action and collective action filings rose on nearly every front, from claims of employment discrimination to Fair Labor Standards Act to ERISA to government enforcement actions, while the Equal Employment Opportunity Commission (EEOC) set a new record with nearly 100,000 new discrimination charge filings against employers. This significant rise in litigation filings played out against the backdrop of the U.S. Supreme Court’s seminal rulings in Dukes and Concepcion, which established new class certification standards and workplace arbitration defenses, and in turn, spawned the development of new defense strategies as employers began to formulate new defenses to complex litigation claims. It was, by all accounts, a transformative year for employment-related class actions, and the aftershocks will be felt through 2012 and beyond.

For an interactive analysis of these decisions and emerging trends, please join us for an upcoming webinar offered in conjunction with the publication of our 8th Annual Workplace Class Action Report. The Report's author, partner Gerald L. Maatman, Jr., along with partners Lorie Almon and Ian Morrison, chairs of our class action groups, will cover a changed national landscape of “bet the company” employment disputes fueled by an aggressive plaintiffs’ bar and invigorated federal and state enforcement regimes. They will also provide insights on the new parameters for Rule 23 standards and workplace class arbitration defenses created by Dukes and Concepcion, and how employers can continue to prepare themselves for litigation in light of those decisions. Other significant developments to be addressed include:

The trend toward bigger and more complex cases, the higher settlement figures they are driving, and judicial acceptance of defense tactics to allow early case assessments of the validity of class theories.
The EEOC’s shifting focus from one-off cases toward the initiation and litigation of nationwide pattern or practice cases.
Expanding and intensified level of DOL enforcement, as well as likely impact of the upcoming Supreme Court decision in Christopher et al v. SmithKlineBeecham.
The evolving class certification theories being pursued by the plaintiffs' class action bar, and how corporations can assess their vulnerability and mitigate those potential exposures.

Breakfast Briefing: Managing Employee Leaves of Absence

Wed, 15 Feb 2012 00:00:00 -0400

Every day, human resources professionals and in-house counsel are responsible for navigating a lengthy and confusing morass of state and federal leave laws that impact their business operations.

Please join Seyfarth Shaw on Wednesday, February 15, 2012 for a breakfast briefing to address the most commonly asked questions about the FMLA, ADAAA and state leave laws, as well as common pitfalls and how to avoid them.

Topics include:

Disability, Reasonable Accommodation, and the Interactive Process
The Department of Labor's Top Ten FMLA Violations, and the Ten Fastest Ways to Lose an FMLA Case
The Interaction between FMLA, ADAAA, and State Laws
Employer Responsibilities under HIPAA and the Right of Access to Employee Leave Information and Medical Certifications
The Intermittent Leave Dilemma

Howard Pianko to speak at ERISA Fiduciary Investment Basics 2012 seminar

Wed, 08 Feb 2012 00:00:00 -0400

On Wednesday, February 8, 2012, Howard Pianko will participate on a panel of speakers to discuss the basics of ERISA fiduciary law at the ERISA Fiduciary Investment Basics 2012 seminar hosted by the Practising Law Institute.

At this year’s program, attendees will learn about the principal issues in ERISA fiduciary regulation through the use of a real world hypothetical, analyzing step by step, the establishment and operation of a plan asset hedge fund. Throughout the day, expert panels will help identify the many ERISA considerations and issues that can and do arise during the process. Each panel will be comprised of a team or teams of speakers who will discuss the relevant issues from the perspectives of:

The Fund and its Manager
A Pension Plan Investor and its Investment Committee
The Fund’s Prime Broker
A Broker-Dealer Counterparty

For more information and to register please click here

HSAs: Passing Fad or Wave of the Future?

Tue, 07 Feb 2012 00:00:00 -0400

Join Seyfarth Shaw and ACS/BNY Mellon as we discuss the reasons why more and more employers are choosing high deductible health plans and health savings accounts, as well as the legal concerns involved in implementing these plans.

Recent studies show that health benefit costs are averaging annual increases near 10%. At this rate, employer provided health care is quickly becoming a significant corporate liability.

What are employers doing to address this unmitigated rise? An increasing number are turning to high deductible health plans, combined with an employee health savings account. While this approach can save a lot of money, its success depends on effective employee communications and participation. And, as is the case with any developing area, employers should be cautious to avoid a number of legal pitfalls.

CLE credit will be available to participants.*

If you have any questions, please contact events@seyfarth.com.

Annual Employment Law Update for California Employers

Tue, 07 Feb 2012 00:00:00 -0400

Specific Briefing Topics Include:

New California employment legislation effective January 1, 2012, including changes to laws regarding wage notices; credit checks; pregnancy protections; mandatory benefits; genetic and gender-based discrimination; independent contractors; commission agreements; and more
New regulations expected in 2012, which will affect areas including leaves and reasonable accommodations
Key 2011 court decisions regarding classification of workers as exempt from overtime; California wage laws applying to non-residents; meal periods and rest breaks; arbitration agreements; plus key decisions on retaliation, harassment, and class actions

To register for this event click here

Breakfast Briefing: Employers Get Ready - Sweeping Changes at the NLRB

Fri, 27 Jan 2012 00:00:00 -0400

The National Labor Relations Board ("NLRB") has been busy in recent months with both rulemaking initiatives and deciding cases. For example, beginning on April 30, 2012, the NLRB will require that employers post the new notice about union rights and institute new rules making it easier for unions to organize and more difficult for employers to challenge the organizing efforts. Moreover, three new members have been appointed to the NLRB. How will these changes affect the employer in 2012?

These rules and the NLRB's recent case decisions reflect significant risks for the unwary employer -- both unionized and non-union alike. Please join us to discuss these changes and their consequences.

Topics include:

Who are the new NLRB members
The impact of recent NLRB decisions and the amended rules on all employers
What this means for employee protected rights, union organizing, and labor negotiations
What companies need to know now
What the future may hold

Employee Privacy, Social Networking at Work, and the Computer Fraud and Abuse Act Standoff

Thu, 26 Jan 2012 00:00:00 -0400

A number of recent cases across the country have addressed the lines between employer property and employee privacy when it comes to employee computer use. More and more, employees are using their company-issued computers to communicate on personal matters (i.e. protected health information, attorney-client exchanges), and to receive, prepare, and/or store personal documents. In addition, and perhaps obviously, a great many employees use their work computers to access and post on Facebook, Twitter, Match, personal blogs, and other social media and networking sites. These issues have spawned lawsuits across the country about employees' privacy rights on their work computers, as well as unauthorized use or disclosure of company intellectual property while socially networking.

Along the same lines, courts across the country are irreconcilably split on whether district attorneys and employers may prosecute or sue employees under the federal "Computer Fraud and Abuse Act," 18 U.S.C. 1030 et seq., for employees' misuse of company computers and computer files. Many courts say "Yes" - employees may be sued or prosecuted under the CFAA for such misconduct. Many other courts say "No" - the CFAA was not written or intended to apply to employee misuse of employer computers. Congress and the Supreme Court have yet to weigh in.

You are invited to participate in Seyfarth Shaw's first 2012 Trade Secrets Group webinar, which will be co-hosted by Gary Glaser, a Seyfarth partner in its New York office; Brian Roche, a partner in the Chicago office, and Scott Schaefers, a senior associate in the Chicago office. These attorneys devote at least a significant part of their practices to litigating and counseling on trade secrets, restrictive covenants, and employee mobility issues. They will address the privacy, social networking, and CFAA issues described above, and will field online questions from the audience.

CLE credit will be available to participants.*

If you have any questions, please contact events@seyfarth.com.

Paralegal's Guide to Evidence: Gathering, Protecting and Spoliation

Thu, 26 Jan 2012 00:00:00 -0400

Ensuring the preservation of electronically stored information (ESI) is a key component of discovery today. Litigants who fail to preserve ESI can face severe consequences, including monetary and evidentiary sanctions, the effects of which can last long beyond a single case. Paralegals and legal assistants often play the role of 'case manager' during discovery and are tasked with the management of the ESI preservation and collection process. Recognizing the potential issues and concerns in the preservation and collection of ESI is critical to an effective electronic discovery strategy.

This live audio conference introduces those fulfilling the case manager role to these considerations and helps those persons understand the complexities and pitfalls of eDiscovery projects of any size. This live audio conference addresses recent case law and emerging technologies, such as cloud storage and social media, and what strategies litigants employ to successfully manage ESI preservation and collection.

Join eDiscovery attorneys Scott Carlson and Sarah Knight for an insightful and practical discussion of these issues using real-life examples and illustrations.

Agenda

Where Can You Find Electronically Stored Information?

Understanding the Duty to Preserve Electronically Stored Information

Effectively Preserving Electronic Evidence

Strategies for Preserving Electronic Evidence
Methods of Preserving Various Sources of Electronically Stored Information
Understanding Metadata and Ensuring Its Preservation

Options for Collecting Electronic Evidence

Planning and Organization Are Key
Choosing the Right Vendors

Potential Risks of Failing to Preserve Electronically Stored Information

Robert Milligan to Speak at Annual Meeting of Intellectual Property Law Section for the New York Bar Association on Cloud Computing and Social Media

Tue, 24 Jan 2012 00:00:00 -0400

The State Bar of New York will be holding its Annual Meeting of Intellectual Property Section on Tuesday, January 24th at the Hilton New York in New York City. Robert Milligan will be speaking at the program, which will be lead by a panel of experts who will explore the development of, and recent legal trends in, Social Media and Cloud Computing, including privacy, contractual issues as well as various intellectual property issues. Robert will be speaking on Global Dancing Among the Clouds - The Legal Impact of Social Media and Cloud Computing, which will be held from 1:45 - 3:00 pm. Also on the panel will be the Panel Chair Rory J. Radding, Esq., of Edwards Wildman Palmer LLP, New York City. Other panelists are Bartosz Sujecki, LLM, Ph.D., Arnold & Siedsma, Amsterdam, The Netherlands, Alan L. Friel, Esq., Wildman, Harrold, Allen & Dixon LLP, Beverly Hills, California, and Jaime R. Angeles, Esq., Angeles & Lugo Lovatón, Santo Domingo, Dominican Republic.

Steven Kmieciak to Present at Webinar Hosted by American Arbitration Association and the AGC of America

Wed, 18 Jan 2012 00:00:00 -0400

Litigation Partner Steven Kmieciak and a panel of construction mediators will present a webinar on how contractors can most effectively use mediation to resolve disputes and get good results.

Attendees will learn how to utilize mediation as an effective alternative dispute resolution from an expert panel of experienced construction mediators.

Learning objectives:

Understand the goals and phases of a successful mediation
Learn how, when, and why you might to choose mediation and how to include mediation in your construction contract drafting
Learn how to select the right mediator, and how to best utilize the mediator
How to effectively prepare for a mediation, what to expect the day of mediation, and practice tips during mediation
How to ensure mediation will address the issues and hand and achieve a resolution

Employment Law Update 2012: A Look Back and a Look Ahead

Wed, 18 Jan 2012 00:00:00 -0400

2011 was marked by continued change and uncertainty in labor and employment law: watershed U.S. Supreme Court decisions, aggressive agency enforcement efforts, and new statutory regulatory initiatives. With the 2012 elections around the corner, employers must stay current on recent developments and be prepared for even more far-reaching changes to come.

Please join Seyfarth Shaw for an overview of recent changes to the law and a discussion of what to expect in the new year.

Topics Include

Supreme Court review and preview: class actions, arbitration, health care reform, immigration and more
Independent Contractor Misclassification: Increased enforcement and penalties
Labor Law Reform: What's on the horizon?

and more...

NLRB Plurality Thumbs Its Nose at Private Arbitration Agreements for Non-Union and Union Employers

Thu, 12 Jan 2012 00:00:00 -0400

To Register Click Here.