Sessions & Speakers

Wednesday, April 21

2:00 – 5:00 pm     PRE-CONFERENCE WORKSHOPS
Choose between these sessions presented by accomplished, nationally recognized speakers:

Option 1: VIOLENCE AND BULLYING IN THE WORKPLACE – PROTECTING YOUR EMPLOYEES AND YOUR COMPANY
There has been much discussion of late about bullying in the workplace. Some have described bullying as a cousin to workplace violence. Others look at bullying as a precursor to violence. One thing is certain: There is a human cost as well as a dollar cost for allowing these two behaviors to occur in your workplace. This session will discuss: the similarities and differences between violence and bullying; the atmosphere in which bullying takes hold; how violence escalates; and what to do to prevent these destructive behaviors
Speaker: Dr. Dennis Davis, Ogletree Deakins (Torrance)

Option 2: IMMIGRATION LAW UPDATE: EMPLOYERS ON ALERT!
President Obama’s Department of Homeland Security has dramatically ramped up workplace inspections and I-9 enforcement—increasing the risks for every U.S. employer. Employers must understand (and be prepared for) this new reality. During this session, learn the latest on I-9s, E-Verify, “No Match” letters – and more. Plus, reform proposals will also be analyzed so you’ll be able to prepare for the future!
Speakers: Gary B. Perl, Fragomen, Del Rey, Bernsen and Loewy, LLP (San Diego)

Option 3: WHAT’S NEW IN CALIFORNIA?  PLENTY!
This session will summarize the latest laws, litigation and liabilities in the state that generally leads the nation in new workplace protections. This program will be useful for those who manage employees in the Golden State and others interested in tracking the latest trends (given that developments occurring in California tend to spread east). Those who just want to feel better about the legal environment in their home state will also enjoy this presentation!
Speakers: Richard Paul, Paul Plevin (San Diego); Bernadette O’Brien, Floyd Skeren & Kelly (Sacramento)               
       
Thursday, April 22

7:45 – 8:45 am    REGISTRATION AND CONTINENTAL BREAKFAST
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8:45 – 9:00 am    PROGRAM WELCOME AND OPENING REMARKS
LEAP moderator: Joseph Beachboard
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9:00 – 9:45 am    “EYE ON EMPLOYMENT LAW” – THE LATEST DEVELOPMENTS
Our panel of experts will summarize the most important recent developments and explain how they will impact you.  From recent U.S. Supreme Court rulings to the latest employment law trends, this session sets the stage for the rest of the LEAP program – and is always a favorite of attendees.
Speakers: Carol Bernick, Davis Wright (Portland), Ralph Peterson, Beggs & Lane (Pensacola), Peter Post, Ogletree Deakins (Pittsburgh)
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9:45 – 10:30 am    WASHINGTON WATCH – WHAT “CHANGE” TO EXPECT NEXT
The Obama Administration and Congress have set their sights on tackling an ambitious workplace-law legislative and regulatory agenda before the 2010 mid-term elections. This session will examine the most important proposals—and how they will impact employers.
Speakers: Charles High, Kemp Smith (El Paso), David Selden, Ballard Spahr (Phoenix)
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10:30 – 10:45 am    BREAK
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10:45 – 11:15 am    UNIONS IN YOUR WORKPLACE – ARE YOU PREPARED FOR THE NEW REALITY?
After years of decline, union membership is on the rise nationwide – and now organized labor has a President, Congress and NLRB that will help them (through the Employee Free Choice Act or other measures).  The time for employers to protect themselves is now!  This session will analyze the latest trends, organizing techniques and key legislative and regulatory developments. If you think your company is immune from unionization, think again – this is a “must attend” session.
Speakers: Jonathan Kaplan, Kiesewetter Wise (Memphis), David Rittof, Modern Management (Chicago)
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11:15 – Noon    WEB 2.0 –-  SOCIAL MEDIA POLICIES AND PRACTICES FOR HR PROFESSIONALS
Twitter, Facebook, LinkedIn, MySpace and the litany of other social media outlets are having a wide effect on workplace behavior.  From basic practices like communicating with friends and colleagues to more specific activities like recruiting, hiring and retaining employees, social media is an issue that employers must evaluate and address through policies and practices consistent with their needs and culture – while also hopefully avoiding the minefield of liability in this arena.
Speakers: Daniel Kaplan, Foley Lardner (Madison, Wis.), Richard Paul, Paul Plevin (San Diego)
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Noon – 1:30 pm    LUNCH & SPECIAL PRESENTATION: THE MOST BIZARRE EMPLOYMENT LAW CASES OF 2009
This topic returns to the LEAP agenda after wowing crowds across the country.  You think you’ve had some bizarre workplace occurrences? Wait until you hear about these cases – each of which has a practical tip for employers as well.
Speakers: Joseph T. Clees, Ogletree Deakins (Phoenix), Steven Suflas, Ballard Spahr (Voorhees, NJ)
Sponsored by Paul Plevin LLP
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1:30 – 2:15 pm    BREAK OUT SESSIONS – Choose from:

1. UNDER SCRUTINY: ARBITRATION OF EMPLOYMENT DISPUTES
All employers need to be aware of the new attention focused on the use of arbitration to resolve employment related disputes – even if your company doesn’t presently use any form of ADR (Alternative Dispute Resolution).  The Supreme Court has recently considered the issue – with another key case pending.  Also, proposed legislation could ban the use of arbitration in the employment setting.  And what about arbitration of class and collective action claims?  These concerns stand to impact all companies, including both union and nonunion employers. 
Speakers: Gary Moss, Jackson Lewis (Las Vegas), George Yund, Frost Brown Todd (Cincinnati)

2. OFCCP & MORE – UNIQUE ISSUES FOR FEDERAL CONTRACTORS
Companies with contracts with the federal government face a whole host of unique issues – including dealing with a much more aggressive Office of Federal Contract Compliance Programs.  But there’s more – including unique immigration issues, union-management relations concerns, and constantly changing posting requirements.  This session will address these issues and more!
Speakers:  Daniel Kaplan, Foley Lardner (Madison, Wis.)

3. PUBLIC SECTOR EMPLOYERS’ UPDATE – NEWS YOU CAN USE
As a general rule, the employment law issues confronting public sector employers are even more challenging than those faced by the private sector.  This session will discuss some of the key issues and recent development in public sector employment law litigation. 
Speaker: John Dickinson, Constangy, Brooks & Smith (Jacksonville)
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2:15 – 2:30        ROOM CHANGE/BREAK
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2:30 – 3:15 pm    THE NEW ADA AMENDMENTS ACT – COMPLIANCE STRATEGIES FOR EMPLOYERS
Passage of the Americans with Disabilities Amendments Act significantly broadened the applicability of the ADA.  Disability-related claims filed with the EEOC have shot up 44% in the past four years alone!  In this session, you’ll learn the status of final EEOC regulations … how employers will be affected … and the steps you need to take to protect your organization.
Speakers:  John Coleman III, Burr Forman (Birmingham), Dennis Duffy, Baker Botts (Houston)
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3:15 – 3:45 pm    FAMILY & MEDICAL LEAVE – THE SECOND WAVE OF LITIGATION
The FMLA Regulations that were issued in 2008 have generated a second wave of “leave litigation” – and those cases are not starting to be ruled on by the courts.  This session will summarize the latest decisions – and how they impact employers. 
Speakers: C.B. Burns, Kemp Smith (El Paso), Jonathan Pearson, Fisher Phillips (Columbia, SC)
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3:45 – 4:45 pm    EMPLOYEE RELATIONS: RESOLVING CONFLICT AND BUILDING TRUST
In these challenging times, workplace tension, stress and anxiety have shot up, while trust, cooperation and teamwork have fallen.  Using stories, interaction and humor, this program will give you specific tools and techniques to help you reverse the trend.  We’ll also discuss how the inevitable conflict that occurs at work can be an opportunity to improve creativity, productivity, morale and personal growth through the use of specific leadership/management techniques.
Speakers: Dr. Dennis Davis, Ogletree Deakins (Torrance), Jathan Janove, Ater Wynne (Portland, Ore), Kathy Perkins, Kathy Perkins LLC Workplace Law and Mediation  (Kansas City)
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4:45 – 5:00 pm    CLOSING & FIRST PRIZE DRAWING

5:00 – 6:15 pm    HOSTED RECEPTION
Join the speakers and your colleagues from around the country to enjoy a beverage, networking, and the spectacular Pacific views. This also provides an excellent opportunity to discuss the day’s topics.
Sponsored by Greenberg Traurig LLP

Friday, April 23
 
7:30 – 8:45 am    REGISTRATION, CONTINENTAL BREAKFAST AND INTERACTIVE HR ROUNDTABLE DISCUSSIONS
Got questions? Now’s your chance to find answers to your thorniest employment law problems. We’ll have six tables, each on a different topic you can discuss with our legal expert. After 25 minutes you can switch to a second table, and then a third. Topics:

• Benefits/health care
• Wage & Hour issues
• Harassment
• FMLA
• Unions
• Immigration

Sponsored by Floyd, Skeren & Kelly LLP
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9:00 – 9:15 AM    DAY TWO OPENING

9:15 – 10:00 am    WHO ARE YOUR EMPLOYEES?  ARE YOU WILLING TO BET MILLIONS ON YOUR ANSWER?
The hottest employment claim of the last year has been so called “misclassification” cases – where plaintiffs assert that an employer considered the worker an independent contractor, for example, as opposed to an employee.  Such a mistake can cost millions of dollars.  Is this issue waiting to explode in your workplace? This session will also address joint-employer situations, leased employees and special agents.
Speakers: Greg Guidry, Onebane (Lafayette), Richard Brann, Baker Botts (Houston)
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10:00 – 10:30 am    PROMISES, PROMISES ...  LITIGATION
As employers begin to once again hire workers, it is critical to remember that employment-related promises (or what the employee perceives as a promise) may create legally enforceable contracts – and, subsequently, litigation. This session will help you avoid these lawsuits by managing the expectations of your employees.
Speakers: Ward Phillips, Kramer Rayson (Knoxville), Paul Prather, Kiesewetter Wise (Memphis)   

10:30 – 10:45 am    BREAK
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10:45 – 11:15 am    WHEN THE FEDS COME A-KNOCKIN’: HOW TO SURVIVE INCREASED DOL, EEOC and OSHA ENFORCEMENT
There is certainly a new sheriff in Washington, DC – and federal agencies such as the Department of Labor, EEOC, and OSHA are more aggressively investigating employers than at any time in recent history.  Employers need to be prepared for these “visits” before they occur – this session will make sure you are ready. 
Speakers: David Banks, Cades Schutte (Honolulu), Marcel Debruge, Burr Forman (Birmingham)
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11:15 – 11:45 am    EMPLOYMENT-RELATED TESTS – WHAT’S OKAY, WHAT’S NOT
Tests that employers use to assess the capabilities of applicants and/or current employees have been under scrutiny of late – especially following a significant recent decision by the US Supreme Court last summer.  But this information is often critical for employers to put the right workers in the right positions.  Learn how to balance your needs and the legal risks in this important presentation.
Speakers: John Doran, Greenberg Traurig (Phoenix), Lawrence Michaels, Mitchell Silberberg (Los Angeles)
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11:45 – 12:45 pm    LEARN FROM THE LAWYERS LUNCHEON
One of the speakers from the program will be assigned to each table to answer your individual and group questions while you dine.  This presents a great opportunity to get answers on your tough employment law problems and discover the “best practices” of your colleagues from around the country.
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12:45 – 1:30 pm    CREATING YOUR HR “ACTION PLAN”
After learning throughout the LEAP program about the variety of employment law rakes waiting for someone in your company to step on, you need to develop a thorough strategy for minimizing legal risk.  This unique session will provide specific tips you can implement immediately to minimize your company’s exposure. 
Speakers: D. Mark Hilliard, Cisco Systems (Atlanta), Patrick Stanton, Ogletree Deakins (Morristown, NJ), Jeffrey Portnoy, Cades Schutte (Honolulu)
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1:30 – 2:00 pm    SPECIAL CLOSING PRESENTATION – THE ROUNDTABLE PLAYERS
The Roundtable Players are famous for their humorous approach to concluding advanced seminars.  Not only will you be entertained with their wit and comedy routine, the session serves as a review of the highlights of the program.  Past spoofs on hot television programs have included: “The Biggest HR Loser;” “The Employment Law Apprentice,” “Legal Eye For The Lay Guy,” “Deal Or No Deal – An Employer’s Dilemma,” “American Employment Law Idol,” and “Who Wants To Be A Millionaire (Just Sue Your Boss).”  You won’t want to miss what they come up with this year!

2:00 pm        GRAND PRIZE DRAWING