8:30 - 8:50 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:50 - 9:00 a.m.

WELCOME & INTRODUCTION

ADVANCED UPDATES

9:00 - 9:15 a.m.

EEOC Update

You'll get a status update on the proposed new ADA and GINA regulations from the Director of the EEOC's ADA Policy Division. The session also will provide an overview as to other key developments at the EEOC over this past year - plus a heads-up as to what's on the horizon at the agency.

- Christopher J. Kuczynski

9:15 - 9:30 a.m.

EFCA Update

As of this brochure's printing, it is unclear whether or when the Employee Free Choice Act (EFCA) will be enacted, or how it will change the National Labor Relations Act. At the Institute, NLRB Deputy General Counsel John E. Higgins, Jr. will provide an update on the EFCA, including a summary of the latest version of the Act and its status in Congress.

- John E. Higgins, Jr.

9:30 - 10:30 a.m.

New Labor and Employment Decisions of the U.S. Supreme Court - An Advanced Discussion of the Implications of Ricci, Hulteen and More

This presentation focuses on several of the most noteworthy recent U.S. Supreme Court 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 2008-09 term and preview the cases to be decided during the 2009-10 term.

- Roger A. Jensen & Paul J. Zech
- Stephen F. Befort (moderator)

10:30 - 10:45 a.m.

BREAK

10:45 a.m. - 12:00 noon

SUPER BREAKOUTS

Including Questions and Answers with Agency Speakers

LABOR

1) NLRB Deputy General Counsel Update: 2-Member Board Decisions, Enforcement Policies and More

The Deputy General Counsel will update you on the status of cases decided by the two-member Board, including challenges to their validity in various circuit courts of appeal; he will discuss current enforcement policies and other initiatives of the Office of the General Counsel; and he will take questions as time permits.

- John E. Higgins, Jr.

EMPLOYMENT

2) New ADA and GINA Regulations - Key Provisions and Analysis

In March 2009, the EEOC invited public comment on proposed rule-making to implement the employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA). In June 2009, the EEOC voted to revise its regulations to conform to changes made by the ADA Amendments Act of 2008. Building on his session earlier in the day, Christopher J. Kuczynski - Assistant Legal Counsel and Director of the EEOC's ADA Policy Division - will provide information and analysis regarding key provisions and the EEOC's approach with respect to these important regulations.

- Christopher J. Kuczynski

12:00 - 1:00 p.m.

LUNCH (on your own)

1:00 - 2:05 p.m.

BREAKOUT SESSION A

LABOR

3) Reversing the "Bush Board's" Legacy: Cases Likely to Be Overturned by the "Obama Board" and the Implications for Practitioners

President Bush's appointees to the NLRB issued a number of controversial decisions, some reversing long-standing precedent. Panel members will alert you to the decisions that most impact your clients' operations and that are most likely to be re-examined and reversed by President Obama's appointees to the Board, based on dissents to the Bush Board decisions by now-Chairman Wilma Liebman. Panel members also will discuss what labor practitioners should do when counseling clients about issues involving decisions likely to be reversed by the Obama Board.

- Gregg M. Corwin & Richard A. Ross
- Marlin O. Osthus (moderator)

EMPLOYMENT

4) The Ledbetter Law: Is It Merely Turning Back the Clock?

Plaintiff and defense counsel will discuss the practical implications and legal developments in the wake of the Lilly Ledbetter Fair Pay Act. What "other practices" are implicated in compensation discrimination? What is the legal scope of "compensation"? How does the Act impact such employer policies and practices as record retention? How will the laches defense fare under the Act?

- Judith B. Langevin & Dorene R. Sarnoski
- Kathryn M. Engdahl (moderator)

LITIGATION

5) When Is Arbitration an Adequate Substitute for Litigation? The Impact of Penn Plaza

In 14 Penn Plaza v. Pyett the Supreme Court held that a union, through a collective bargaining agreement, can waive an employee's access to the courts to pursue a statutory discrimination claim. The panel will address unanswered questions raised by this decision, including: what constitutes a "clear and unmistakable waiver"; what sort of arbitration procedure is an adequate substitute for judicial enforcement; the potential preclusive or collateral estoppel effect of arbitration decisions in court; the consequences when an employee attempts to pursue both arbitration and court remedies; the consequences when a union elects not to pursue a case to arbitration; and the impact on collective bargaining strategy.

- Brendan D. Cummins & Karen G. Schanfield
- Daniel R. Wachtler (moderator)

2:05 - 2:20 p.m.

BREAK

2:20 - 3:25 p.m.

BREAKOUT SESSION B

LABOR

6) Hot Topics in Grievance Arbitration: Issues in a Distressed Economy

Using hypothetical scenarios, the panel members will discuss issues such as seniority rights, layoffs, reductions in hours, and changes in benefit plans. The panel includes two experienced arbitrators who will provide an analysis of the merits of the hypothetical grievances, and share their insights on the nuances that could change the results.

- Paul W. Iversen, Jeffrey W. Jacobs & Christine D. Ver Ploeg
- Thomas R. Trachsel (moderator)

EMPLOYMENT

7) Tough RIF Issues - An Advanced Discussion

An advanced discussion of recent cases stemming from reductions-in-force with in-depth analysis of the facts that drive outcomes regarding: (1) adequacy of release/waiver content; (2) proper selection criteria;
(3) proper analysis of statistical data; and more.

- R. Ann Huntrods & Leslie L. Lienemann
- Martin B. Ho (moderator)

LITIGATION

8) Watch What You Say (And Don't Say): The Practical and Tactical Consequences of Twombly/Iqbal and Gross

Some employment lawyers argue that Twombly/Iqbal has eliminated notice pleading and makes the dismissal of claims much more likely. Many lawyers also believe that Gross has made it significantly more difficult for employees to survive summary judgment and to prove their discrimination claims at trial. Your two presenters, both experienced lawyers - one plaintiff, one defense - will cut through the hype and provide a frank discussion of how best to approach pleadings, discovery, motion practice, and trial in light of the recent Supreme Court rulings.

- Justin D. Cummins & Robert R. Reinhart

3:25 - 3:45 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.

3:45 - 4:50 p.m.

Twitter Records, Facebook Pages and More: An Advanced Look at Labor and Employment Issues Arising from Electronic Social Networking

These fast-paced, information-packed presentations update you on the latest in:

Part 1: The Technology and the E-Discovery and Evidentiary Issues

- Michael J. McGuire

Part 2: Key Labor Law Issues

- Nichole Burgess-Peel

Part 3: Key Employment Law Issues

- Laurie Vasichek

Part 4: Questions & Answers

- Full Panel