Civil Law

8:00 – 8:25 a.m.

CHECK-IN, REGISTRATION & CONTINENTAL BREAKFAST

8:25 – 8:30 a.m.

WELCOME & INTRODUCTION

ADVANCED UPDATES
The morning sessions provide advanced-level analysis of new developments and their implications.

8:30 – 9:00 a.m.

New ADA Amendments – Status, Implications
As of this brochure’s printing, it appears that we are likely to have new ADA amendments, effective January 1, 2009, by the date of the Institute. This session will update you on the amendments’ substance and status and discuss implications for employment law advisors and litigators.
– Penelope J. Phillips

9:00 – 9:40 a.m.

New Labor and Employment Decisions of the U.S. Supreme Court – An Advanced Update
You already know the fundamentals about the recent U.S. Supreme Court labor and employment decisions. This presentation focuses on several of the most noteworthy cases, moving beyond the basic holdings to an exploration of how the decisions are really impacting legal counseling and litigation. The written materials that accompany the session will summarize all the labor and employment cases decided by the U.S. Supreme Court during its 2007-08 term and preview the cases to be decided during the 2008-09 term.
– Stephen F. Befort

9:40 – 9:50 a.m.

BREAK

9:50 – 10:15 a.m.

The New President and Congress – Impact on Labor and Employment Law
The new president and members of Congress will determine the status of the proposed Employee Free Choice Act as well as changes regarding Title VII and other federal labor and employment laws. This session will address the direction that labor and employment laws are likely to take as a result of the election.
– Karen G. Schanfield

10:15 – 10:45 a.m.

The Minnesota Supreme Court’s Recent Employment Law Decisions: Legal and Practical Implications
This session will summarize the Minnesota Supreme Court’s recent rulings on sex harassment, wage-and-hour, and handbook-based contractual claims. The presentation also will address the concrete consequences of these decisions for practitioners, whether representing employees, employers, or enforcement agencies.
– Justin D. Cummins

10:45 – 11:00 a.m.

What’s New on the FMLA Front: Military Family Leave…and More?
In January 2008, the Family and Medical Leave Act was amended to extend certain leave rights to immediate family members of those serving on active military duty. Final regulations implementing these amendments are pending. In February 2008, the Department of Labor proposed significant changes to the existing FMLA regulations, and they remain pending. Learn about all of the latest developments.
– Kathryn M. Engdahl

11:00 – 11:15 a.m.

BREAK

11:15 a.m. – 12:15 p.m.

SUPER-BREAKOUT
Choose from one of the following choices:

LABOR

1) Employee Rights to Engage in Political Advocacy, to Publicly Criticize Their Employers, and to File Collective Claims
Deputy Associate General Counsel Ellen Farrell will discuss policy considerations and the current General Counsel’s views on three controversial issues that affect both union and non-union employers, regarding employee rights under Section 7 of the NLRA: (1) When is political advocacy by employees protected by the Act, thereby prohibiting employers from retaliating against employees because of their advocacy? (2) When employees engaged in concerted activity publicly criticize their employer, to what extent does the Act protect them from discipline for disloyalty? (3) How does the Act limit an employer’s right to require employees to arbitrate employment disputes as a condition of employment?
– Ellen Farrell & Paul J. Zech, moderator

EMPLOYMENT

2) Current Developments at the EEOC – The Commission’s New Systemic Litigation, Recent Guidances, and More
Two of the EEOC’s top regional attorneys, John Hendrickson and Elizabeth Grossman, discuss developments at the EEOC, including the Commission’s systemic initiative and new systemic litigation, its recent guidances, its position on emerging issues, and the impact of new legislation on the Commission.
– Elizabeth Grossman & John C. Hendrickson
– Judith B. Langevin, moderator

12:15 – 1:20 p.m.

LUNCH BREAK

12:30 – 1:10 p.m.

ROUNDTABLE DISCUSSION

ADA Amendments
Your moderators will come prepared to facilitate insightful discussion on what the new ADA amendments mean for your clients. Boxed lunch provided to all attendees.
– Clayton D. Halunen & Jeffrey B. Oberman, moderators

1:20 – 2:20 p.m.

BREAKOUT SESSION A
Choose from one of the following choices:

LABOR

3) Collective Bargaining in a Distressed Economy
Strategies for management and labor including negotiations over plant closings, relocations, outsourcing, subcontracting, information requests, and bankruptcy issues.
– Gregg M. Corwin & Richard A. Ross

EMPLOYMENT

4) The Maternal Wall and the Glass Ceiling
Listen to a lead attorney on some of the EEOC’s ground-breaking sex discrimination cases talk about the emerging case law and litigation dealing with the maternal wall and the glass ceiling.
– Elizabeth Grossman & Kathleen A. Hughes, moderator

EMPLOYMENT LITIGATION

5) 4 Tough – and Recurring – Litigation Issues
An advanced discussion of recent cases with in-depth analysis of the facts that drive outcomes regarding: (1) the permissible scope of discovery when a plaintiff alleges emotional distress; (2) the permissible scope of discovery regarding records from a plaintiff’s post-termination employer; (3) desirability/availability of removal from state to federal court; (4) whom the plaintiff may/should name as defendant(s).
– Leslie L. Lienemann & Marko J. Mrkonich
– Martin B. Ho, moderator

2:20 – 2:30 p.m.

BREAK

2:30 – 3:30 p.m.

BREAKOUT SESSION B
Choose from one of the following choices:

LABOR

6) Employer Efforts to Withdraw Recognition or to Avoid Unionization When Purchasing Unionized Businesses and the Duty to Recognize Unions Required by the NLRA
Region 18 has recently investigated/litigated a number of cases involving successor employers’ obligations to recognize unions and/or bargain in good faith, or employer efforts to withdraw recognition of incumbent unions. Using Region 18 cases for context, an experienced panel of practitioners will discuss the law governing successor obligations and employer withdrawals of recognition, including the consequences of unlawfully attempting to remove the union or to avoid unionization when purchasing a business.
– Ellen Farrell, Robert D. Metcalf & Thomas R. Trachsel
– Marlin O. Osthus, moderator

EMPLOYMENT

7) Religious Accommodation and Discrimination – The Next Generation
This advanced program will focus on the tough issues facing employers as well as recent developments in religious accommodation and discrimination. Particular attention will be given to the new EEOC Compliance Manual on Religious Discrimination and how these rules may impact the workplace. A short quiz (self-administered and self-corrected) will be given during the program to test your skills.
– Gregory J. Stenmoe

EMPLOYMENT LITIGATION

8) Negotiating and Litigating with the EEOC
There is nothing like it. Special rules. Demanding requirements. Listen to a panel discuss the ins and outs of negotiating and litigating with the EEOC, including its position on general releases in EEOC litigation, waivers, no-reapplication clauses, relationships with intervenor counsels, and more.
– Celeste E. Culberth, Barbara J. D’Aquila & John C. Hendrickson
– James H. Kaster, moderator

3:30 – 3:50 p.m.

NETWORKING BREAK
Join your colleagues for hors d’oeuvres and beverages. Chat, relax, network and then join us in the auditorium for the final session of the day.

3:50 – 4:50 p.m.

Interactive Ethics: Put Yourself in the Hot Seat
1.0 ethics credit applied for
In everyday practice, ethics questions come up suddenly and when you least expect them. In this session, audience members will watch short videos and then vote on how they would handle the hypothetical situation. Your presenter will discuss the right answers, the wrong answers, and how to avoid finding yourself in the ethics hot seat.
– Eric T. Cooperstein