February 13, 2020

Page One

Alternative Dispute Resolution

A Graduate Course in Employment Arbitration--Beyond the Basics

ADR Forum Can Affect Course and Outcome of Arbitration (01D)
Geoffrey A. Mort

Advance Topics in Labor Arbitration: Beyond the Basics (01C)
Robert D. Weisman and J. David Campbell

Keeping Your Client in the Driver's Seat: Advanced Techniques for Employment Mediation

Get Over the Notion of Keeping Your Client in the Driver's Seat: Advanced Techniques for Employment Mediation (02D)
Jon H. Rosen

The Suspension of Nurse Kevin: Advocacy Best Practices in Labor Arbitration

The Suspension of Nurse Kevin: Best Practices in Advocacy in Labor Arbitration: Annotated Bibliography for Labor Arbitration Advocates (3A)
Laura J. Cooper

The Suspension of Nurse Kevin: Best Practices in Advocacy in Labor Arbitration (03B)
William N. Hiers, Jr.

Best Practices in the Conduct of a Discipline Case (3D)
Nancy A. Walker

Class Action

The Survivors Post-Dukes and Ricci: Cases About Biased Tests and Job Requirements that Have Not Been Validated

Adverse Impact Post-Ricci and Dukes: An Employer's Perspective on the Rocks and the Hard Places (04A)
Fred Alvarez

Litigating Failure to Hire Discrimination Post-Dukes: The Surprisingly Gentle Touch of Walmart v. Dukes (04B)
Adam T. Klein and Cyrus Dugger

Will Concepcion and Stolt-Nielsen End Class Litigation?

Drafting Enforceable Arbitration Agreements in the Wake of Concepcion, Stolt-Neilson, and D.R. Horton: Key Considerations (05B)
Kevin J. Hamilton

Arbitration Provision at Issue in Stolt-Nielson (05B1)

Arbitration Provision at Issue in Concepcion (05B2)

Will Concepcion and Stolt-Nielsen End Class Litigation? A Review of the Supreme Court Decisions and Their Impact on Employment Class Action (05C)
Rachel Bien and Joseph Jaramillo

Consulting

A Penny for Your Thoughts: Employee Privacy, Employee Monitoring and Employer Perils

Discovery of Social Networking Sites in Civil Discovery: Privacy and Other Concerns (06A)
Thomas J. Conley

Report of the Acting General Counsel Concerning Social Media Cases (06E)
Anne Purcell

University of Arizona Digital Evidence Acquisition Team Proposed Protocol (06B)
Joan Feldman

Union Employees' Rights and Employer Espionage: You Get What You Bargain for (06C)
Amanda Green Hawkins

A Penny for Your Thoughts: Employee Privacy, Employee Monitoring and Employer Perils (06D)
Julie A. Totten

And the Two Shall Become One: Effectively Managing the Labor and Employment Implications of Mergers and Acquisitions

Spotting Plaintiffs' Issues in Mergers and Acquisitions (07A)
Vicki Lafer Abrahamson

Employment Law Toolkit for Cross-Border M&A Deals (07B)
Donald C. Dowling, Jr

Practical Issues To Consider in Any Reorganization/Reduction in Force Selection Process (07C)
J. Lindsay Johnston

Ranking Tool (07C1)

Manager Competency Assessment (07C2)

Issues for Labor Lawyers Arising in Mergers and Acquisitions: Practical Approaches to Successorship, Sales Issues, and Employee Interests (07D)
David R. Jury

Executive Behavior Run Amok: Ethical and Strategic Considerations for Counsel "Brave" Enough to Step into the Mix

Ethical and Privilege Issues in Internal Workplace Investigations (08D)
Jeffrey A. Dretler and Julie A. Moore

Where to Begin: Strategic Considerations on Choosing and Retaining the Investigator and Planning the Investigation (08B)
Julie A. Moore

Balancing Confidentiality Requirements under the EEOC and NLRB (08E)
Julie A. Moore and Laurie M. Burgess

Strategic Considerations for Workplace Investigations from a Plaintiff's Employment Lawyer's Perspective (08C)
Nina T. Pirrotti

The Government Cares About My Profile? Latest Trends in Federal Regulation of Social Media

Latest Employer Concerns with Respect to Regulation of Social Media (13A)
Melinda J. Caterine

Employer Policies on Social Networking in the United States: The National Labor Relations Board Steps in to Protect "Concerted Activities" in the Workplace (13C)
Nora L. Macey

Family Responsibility Discrimination: The Newest Kid on the Block

Poor, Pregnant, and Fired: Caregiver Discrimination Against Low-Wage Workers (09B)
Stephanie Bornstein

The "Fault Line Between Work and Family": What Employers Need to Know about Family or Caregiving Responsibilities Discrimination in the Workplace (09E)
Joan M. Gilbride

Unlawful Discrimination Against Pregnant Workers and Workers with Caregiving Responsibilities (09B1)
Joan C. Williams

Recognizing and Preventing Family Responsibilities Discrimination (09L)
Margaret Hart Edwards and Joan C. Williams

Will Working Mothers Take Your Company to Court? (09M)
Joan C. Williams and Amy J.C. Cuddy

Hot Topics in Family Responsibilities Discrimination (09B2)

Unlawful Discrimination Based on Pregnancy and Caregiving Responsibilities Widespread Problem, Panelists Tell EEOC (09C1)

Written Testimony of Maryann Parker Associate General Counsel Service Employee International Union (09C2)

Written Testimony of Lynn Feinberg, MSW Senior Strategic Policy Advisor Independent Living/Long-Term Care AARP Public Policy Institute (09C3)

Enforcement Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (09C4)

EEOC Issues New Guidance on Work/Family Balance and Promotes Employers Best Practices (09C)

Getting What You Want: Negotiating Skills and Strategies for Employment Lawyers

Negotiation Skills & Strategies for Employment Lawyers (11A)
David S. Ross

I'll See You on CNN: Effective Use of the Media In and Out of Litigation

I'll See You On CNN: Effective Use of the Media In and Out of Litigation-- A Checklist for Effective Communications with the Media (10C)
William Lurye

The Journalist, the Bearer of Bad News. Kill the Messenger! (10D)
Douglas O'Brien

Use of Public Relations Consultant--Privileged or Not? (10E)
Bettina B Plevan

Handling Publicity Pending High Profile Case
i>Edward D. Buckley

The Interactive Process: Negotiating Accommodations under the ADA

Attendance as an Essential Function of the Job under the ADA (12C)
Bobbie J. Fox

The Interactive Process--Negotiating Accommodations under the ADA Hypothetical for Panel Discussion (12E)
Alison T. Vance

Enforcement Guidance: Reasonable Accommodation and Undue Hardship Under the Americans with Disabilities Act (12D)

Discrimination and Retaliation

ADEA RFOA: Implications and Impact of the EEOC's Final Rule

The EEOC's Final Rule on the "Reasonable Factors Other than Age" Defense (14A)
Eric L. Barnum and Brittany Blau

The Age Discrimination in Employment Act: Disparate Impact Claims And The Reasonable Factor Other Than Age Defense (14D)
Paula Graves Ardelean

Final Rule on Disparate Impact and Reasonable Factors Other Than Age Under the Age Discrimination in Employment Act (14B)

Case Blurbs on Reasonable Factors Other Than Age (14B1)
Dianna Johnston

What Did You Say? Counseling HR on National Origin and Language in the Workplace

Language Discrimination in the Workplace: Selected Authorities (18B)
Christopher Ho

The Misuse of E-Verify and Employer Liability for National Origin Discrimination (18C)
Gening Liao

National Origin Discrimination: Selected Authorities (18E)
Eric A. Tate and Aurora V. Kaiser

Who's Got the Ball: Practical Implications When "Too Many" Stakeholders are Involved in Litigation

Practical Implications When Too Many Stakeholders Are Involved in Litigation (19C)
Compiled by Denise K. Drake and Anna M. Pohl

Harassment by Any Other Name Would Cost as Dear

Harassment Discrimination and Retaliation: Federal v State Trends and Differences (15B)
Christopher B. Dolan

USERRA: What Every Practitioner Should Know When GI Joe and GI Jane Come Marching Home

A Guide to the Uniformed Services Employment and Reemployment Rights Act and the Recent Hostile Work Environment Amendment (17D)
Leisha Self

USERRA: What Every Practitioner Should Know When GI Joe and GI Jane Come Marching Home (Power Point) (17A)

USERRA Case Studies (17B)

Risky Business: Litigating Retaliation Claims

Risky Business: Litigating Retaliation Claim (16B)
Ty Hyderally

Risky Business: Litigating Retaliation Claims (16C)
David W. Long-Daniels

Employee Benefits

Is Your Executive Compensation Agreement Covered by ERISA?

Is Your Executive Compensation Agreement Covered by ERISA? (21C1)
Miguel F. Eaton, Sharon M. Goodman, Karen E. Mock, and Catha Worthman

Is Your Executive Compensation Agreement Covered by ERISA? (Power Point) (21C)

Age Discrimination and ERISA

Age Discrimination and ERISA (Power Point) (20C)

Age Discrimination and Employee Benefits (20D)
Laurie A. McCann

Ethics

Electronic Dumpster Diving: The Legal Ethics of "TMI"

Electronic Dumpster Diving: The Legal Ethics of "TMI" (22B)
Nancy L. Cohen, William A. Herbert, Louis P. Malone, III, Cynthia N. Sass

Practicing in a Virtual World: E(thics) = MJP2

ABA Model Rules of Professional Conduct to Guide Practicing in a Virtual World (23B)
Michael P. Posner

The Ethics of Advertising and Promotion in the 21st Century

The Ethics of Advertising and Promotion in the 21st Century (Power Point) (24D)
Michael Green, Christina Petrig, Beth Terrell and Dayna Underhill

The Ethics 20/20 Approach to Client Development in the Digital Age (24A)
Michael Z. Green

Federal Sector

Diversity in Our World: Lesbian, Gay and Transgender Issues in Federal Employment

Diversity in Our World: Lesbian, Gay and Transgender Issues in Federal Employment (Power Point) (25A)

Before Enda: Sexual Orientation and Gender Identity Protections in the Workplace under Federal Law (25C)
Edward J. Reeves

Employee Benefits Issues Affecting Employees in Same-Sex Marriages, Civil Unions, or Domestic Partnerships Employee Benefits Issues Affecting Transgender Employees (25D)
Teresa Renaker

Macy V Department of Justice (25B)

Processing Complaints of Discrimination by Lesbian, Gay, Bisexual, and Transgender (LGBT) Federal Employees (25E)