Midwinter Meeting Papers

Day One

Concurrent Programs: Track 1

Political Speech in the Workplace: What Are the Boundaries?
Presented by the Employment at Will Subcommittee

Barbara A. Dunlap, Jeremy Edelson, Alek Felstiner, Geoffrey Mort and Sandra Pullman

Arbitration Update: Is it Smooth Sailing After Viking River and How Do We Address New Challenges?
Presented by the Alternative Dispute Resolution Subcommittee

Stacey A. Campbell, Reena I. Desai, Richard Siwica and Mark Travis

Comparing and Contrasting the PWFA and the ADA
Presented by the Disability and Leaves of Absence Subcommittee

Laura Fant, Kathleen “Katie” Ganz, Heather Leonard and Justin Mulaire

Concurrent Programs: Track 2 

Do You Know Your Electronically Stored Information (ESI) Obligations?
Presented by the Technology in the Practice and Workplace Committee

Nakkisa Akhavan, Kimberly J. Duplechain, Erik Hammerquist and Shahane A. Martirosyan

The Advancement of AI-Driven Employee Performance Management
Presented by the Technology in the Practice and Workplace Committee

Elizabeth Arnold, Jonathan Ben-Asher, Eric Sydell, Ph.D., Clement Tsao and Christopher Wilkinson

Recognizing and Responding to Microaggressions at Deposition and Trial
Presented by the Diversity Outreach & Inclusion Taskforce

Eric L. Barnum, Hon. Bernice B. Donald (ret.), Lucas Kaster, E. Lindsey Maxwell III and Anna Pohl

PowerPoint Presentation

• Elimination of Bias – Ways to Address Bias in Investigations and Disciplinary Decision-Making
• Microaggressions and Gaslighting in the Legal Profession
• Interrupting Racial and Gender Bias in the Legal Profession

Speech on Social Media and in the Workplace
Presented by the Technology in the Practice and Workplace Committee

Kristin Case, Amanda Wingfield Goldman and Ashley Stead

Plenary Session

Ethical Use of Generative AI
Presented by the Technology in the Practice and Workplace Committee

Hon. Yvette Roland, Jenny Goltz, Cara E. Greene and Lindsey A. White

Day Two

Plenary Session

The Future of Employment Litigation Following Chevron’s Demise
Presented by the Complex Litigation Subcommittee

Hon. John A. Henderson, Louis Lopez, Megan K. Mechak, Diane I. Smason and Eric A. Tate

Concurrent Programs: Track 1

Immigration: Labor Migration across the Americas
Presented by the Immigration and Human Trafficking Committee

Jonathan A. Grode, Israel Alfaro López and Octavio Novaro

Workplace Investigator in the Hot Seat: Issues of Privilege and Impartiality
Presented by the Workplace Investigations Subcommittee

Maureen Binetti, Kevin L. Jones, Eli Makus Pamela Newport and Terrill Wilkins

Concurrent Programs: Track 2

Incorporating Generative AI into Your Practice
Presented by the Technology in the Practice and Workplace Committee

• Navigating Document Review’s AI Evolution
• State Legal Ethics Guidance on AI
• What you need to know: AI Disclosure Rules in Legal Filings

Jamie Eggertsen, Danielle Ochs, Erin Perugini, Cynthia Sass and Cristin Traylor

Navigating the EU AI Act: Implications for Global AI Development and Deployment
Presented by the Technology in the Practice and Workplace Committee

Paul Callaghan, Brian Flock, Savanna Shuntich and Megan Ward

Day Three

Concurrent Programs: Track 1

More Than Money: Exploring Advanced Issues in Non-Cash Economic Compensation in Litigation
Presented by the Contracts & Executive Compensation Subcommittee

Jonathan Ben-Asher, Samantha S. Bononno, David A. Lowe and Dwight Steward, Ph.D.

• Negotiating Executive Employment Agreements in Anticipation of Disputes by Jonathan Ben-Asher
• Executive Stock-Based Compensation: A Case Study in Valuing Employee Stock Options and Restricted Stock Issues in a Breach of Contract Case
• Valuing Employee Stock Option Plans

Enforceability and Practical Utility of Restrictive Covenants other than Non-Competes after the FTC Ban
Presented by the Covenants not to Compete Subcommittee

Cathi Hunt, Kristen Prinz and Marian Zapata-Rossa

Employee or Independent Contractor? The Unsettled Question of the Gig Economy
Presented by the State Law Developments Subcommittee

Christina Dixon, Jeffrey A. Dretler, Lori D. Ecker, Mark Hanna and Dane Steffenson

Concurrent Programs: Track 2

The Future of Whistleblower Protections
Presented by the Whistleblower Subcommittee

Lloyd B. Chinn, Amy Shulman and Melissa Woods

Different Principles of Equality? Comparison between the Legal Assessment of Gender Quotas and Gender Pay Equality in the US and EU
Presented by the International Subcommittee

Thomas De Jongh, Kelly M. Dermody, David Lopez, George L. Washington, Jr and Gerlind Wisskirchen

• Gender Diversity on Corporate Boards: Contrasts in Juridical Culture on Gender “Quotas” Between the United States, Mexico, and Latin America

Adverse Action Changes Under Title VII
Presented by the Statutory Rights Subcommittee

Laura McKenzie Holt, Devjani Mishra and Anne Shaver

Day Four

Pay for Play: NIL, Privacy and Collegiate Athletics
Presented by the Employee Privacy Subcommittee

Ksenia Mairova, Joshua Nadreau, Brenna C. Schertz and Maneesh Sharma

Identifying and Countering Implicit Bias in the Litigation Process
Presented by the Trial and Appellate Advocacy Subcommittee

Hon. Bernice B. Donald (ret.), Laura Carlin Mattiacci, Jeffrey D. Patton and Brenda Suttonwills

The Ethics of Fee Agreements
Presented by the Ethics and Professional Responsibility Subcommittee

Emily Litzinger, Paula J. Fredrick and Glen Savits