Page Three

Delivering Value and Efficiency with Technology

Delivering Value and Efficiency with Technology: Effectively Collecting and Managing Data In A Virtual World (50A)
Douglas E. Dexter, Natalie R. Kelly, Heather R. Pruger, and Marisa Warren

Agents of Change: A Fortune 250 Perspective on What Matters Most with the Lawyers and the Firms We Hire

Agents of Change: A Fortune 250 Perspective on What Matters Most with the Lawyers and the Firms We Hire (Power Point) (49C)

Capital One Legal Department's Outside Counsel Management and Billing Guidelines 2012 (49B2)
Carol Rick Gibbons

Firm Selection Information (49B1)

How to Rise to Pre-eminency: Developing a Best in Class Labor & Employment Law Practice

How to Succeed in Law by Really Trying (51B)
Kelly M. Dermody

How to Rise to Pre-Eminency: Developing a Best in Class Labor & Employment Law Practice (51A)
Shauna Johnson Clark

Litigation

Steps to an Effective Opening

It's Defense that Wins the Game: Calling Your First Play--The Opening Statement (56A)
Gary B. Eidelman

Modern Opening Argument: Winning Your Case with a Compelling Story (56B)
Amanda A. Farahany

Opening Statements: Do's and Don'ts (56C)
Hal K. Gillespie

Focused Opening Statements: Some Unfocused Notes (56F)
Mark D. Risk

Better Direct Examinations: Special Problems and Suggested Solutions

Direct Examinations from the Plaintiff's Perspective (55A)
Maureen S. Binetti

Direct Examinations: Reminders for Management Counsel (55C)
Juan C. Enjamio

Direct Examinations: From the Perpective of a Union Lawyer (55D)
John C. Quinn

Persuading the Fact Finder That You've Met Your Burden (55E)
Dane L. Steffenson

Better Cross Examinations: Special Problems and Suggested Solutions

Simple Principles of Cross Examination (54E)
Elaine D. Koch

Cross Examination: Art or Science (54C)
Julie Richard-Spencer

Suggestions for Cross Examination in Plaintiffs' Employment Cases (54B)
Robert L. Herbst

Appellate Advocacy: How to Win at the Court of Appeals

Appellate Advocacy: How to Win at the Court of Appeals (52A)
Paul W. Cane, Jr.

If It Isn't in the Record, It Never Happened; Preserving Errors, Evidence and Arguments for Appeal (52E)
Michael C. Subit

E-Discovery Atlanta: Aspects of Technology to Consider in E-Discovery

Aspects of Technology to Consider in eDiscovery (53A)
Cecil A. Lynn, III

ESI in the Practical World of Labor Law (53B)
John R. Mooney

Pre-investigation Letter to Client--Engagement--Sample A (53B1)

Why Litigators Should Get Over Their Fear of Embracing E-Discovery: Proportionality, Efficient Phasing, and Cooperation (53C)
Helen Bergman Moure

Testing and Presenting Statistical Evidence in Employment Discrimination Cases

Presenting Statistical Evidence in Disparate Treatment Cases (57A)
Nancy E. Rafuse

Let's Do the Math: Statistics in Employment Discrimination Law (57B)
Richard T. Seymour

Developing and Presenting Statistical Evidence in Employment Discrimination Cases (57C)
Michael P. Ward, Ph.D.

Plenary

The Future of Labor and Employment Law: Thought Leaders in Our Field Answer the Toughest Questions

"Expected" Developments in Fair Employment Law (61B)
Barry Goldstein

The Future of Labor and Employment Law: Thought Leaders in Our Field Answer the Toughest Questions (61D)
Howard M. Radzely

Personal Histories: Investigating and Forgetting on the Web

Social Media and Employment Law Summary of Key Cases and Legal Issues (58A)
Heather A. Morgan and Felicia A. Davis

Social Media from an Employee's Perspective (58B)
David L. Scher

Investigating and Forgetting (58C)
David C. Thompson

Unionization and the NLRA: The Solution to Employer Abuse of Power in Demanding Social Media Passwords from Current Employees and Applicants? (58D)
Alvin Velazquez

Public Sector

The Journalist Viewpoint: Does the Media Report an Accurate, Understandable and Complete Portrayal of Public Sector Collective Bargaining?

Media Impact on Public Sector Collective Bargaining (63D)
Donald D. Slesnick, II

Including the Public in Public Sector Labor Relations: The Boon or Bane of Government Transparency (63B)
David R. Fernstrum and Daniel J. Broxup

Media Members Put Blame on Public Employees (63A2)
Philip Dine

DINE: Relevant Once More, Labor Takes Presidential Prominence (63A)
Philip Dine

DINE: GOP Hopefuls Need Blue Collar Votes (63A1)
Philip Dine

One Year after Wisconsin and Ohio

The Failure and Aftermath of Ohio's Senate Bill 5 (62B)
Joyce Goldstein

One Year After Wisconsin and Ohio: The State of the Public Sector: The Wisconsin Experience (62C)
Timothy E. Hawks

State Initiatives Directly Affecting Public Employees' Collective Bargaining Rights (62D)
Susan Martin

Efforts to Enact "Right-to-Work" Legislation at Both the Federal and State Levels (62A)
George S. Crisci

Recent Public Employee Pension Initiatives (62D1)
Susan Martin

Alternatives to Legislative Restrictions to Collective Bargaining as a "Budget Saving" Measure (62A1)
George S. Crisci

Technology

Workplace Cyber Crimes: Are You a Victim or a Villain

Workplace Cybercrimes: Are You a Victim or a Villain? (67A)
Bryan Dunne

The CFAA: A Valuable Avenue to Federal Jurisdiction, or A Management Employment Lawyer's "Pipe Dream"? (67B)
Gary Glaser and Jacob Oslick

Workplace Cyber Crimes (67C)
Leslie J. Hagin

Interpreting the Computer Fraud and Abuse Act in the Employment Context (67D)
Joni H. Kletter

Telepresence: Legal Implications of Robots in the Workplace

Telepresence in the Workplace: Employment Law Perspective (66B)
Eve H. Cervantez

Telepresence in the Workplace: A Union Lawyer Looks at the Implications of Workplace Telepresence (66C)
Hanan B. Kolko

Social Media: Who's Looking at You, Kid?

Using Social Media as a Tool in Litigation: An Overview of Evidentiary and Ethical Considerations (65A)
David M. Cook

Social Media: Who's Looking at You, Kid? (65E)
Elizabeth Clark Tarbert

A Storm is A-Brewin': Preparing to Weather the Use of Cloud Computing in the Workplace

Cloud Computin': A Storm Is Brewin' (64A)
Andrew Altschul, Joan M. Canny, Conor R. Crowley, Michael Wolf, Geoffrey Schotter and Hon. Ira B. Warshawsky,

Traditional Labor

The Race to the Ballot Box: A Review of Current and Possible Future NLRB Election Procedures

The Race to the Ballot Box: A Review of Current and Possible Future NLRB Election Procedures (73C)
M. Jefferson Starling

The Race to the Ballot Box: A Review of Current and Possible Future NLRB Election Procedures--A Union Perspective (73A)
Stanley M. Gosch

Occupy NLRB: Social Protest and Labor Law

Occupy NLRB: Social Protest and Labor Law (Power Point) (71D)
Dora Chen , Denise M. Keyser, Richard G. McCracken, Anneliese Wermuth and T. Jeff Wray

Sports Law: Antitrust Law Use in NLRA Bargaining

After Further Review: How the Eighth Circuit's Misinterpretation of the Norris- LaGuardia Act Fumbled the District Court's Ruling in Brady v. NFL (72A)
Jeffrey L. Kessler and Jonathan J. Amoona

Professional Sports and the National Labor Relations Act: A Permanent Time Out for Federal Labor Law? (72C)
Steven D. Wheeless

Who Is Winning: An Up-to-the-Minute Update of Developments under the National Labor Relations Act

Summaries of Significant NLRB Decisions: September 1, 2011 through August 31, 2012 (75A)
Susan Davis

Initiatives of the Acting General Counsel 2012 (75C)
Brent L. Wilson

Meet the National Labor Relations Board Acting General Counsel

Meet the NLRB Acting General Counsel: Recent Case and Operational Developments (70A)
Kathleen Phair Barnard and Joseph J. Torres

Come Fly with Me: Investment Decisions and Section 7

Capital Investments, the NLRA, and Boeing--The Impact of a 77-Year Old Statute on Where and How Businesses Invest Their Money (68B)
Charles I. Cohen

Section 7 of the National Labor Relations Act: Individual Statutory Right or Merely an Economic Consideration? (68A)
Christopher T. Corson

Wage and Hour

Compliance Issues from an In-House Perspective

An Overview of Developing Law on Class and Collective Action Waivers in Wage and Hour Cases (77A)
Kristen H. Albertson

Compliance Issues from an In-House Perspective: Automatic Deductions for Meal Breaks (77C)
Susan N. Eisenberg

Compliance Issues from an In-House Perspective: Practical Considerations when Deciding to Reclassify a Position (77C2)
Susan N. Eisenberg

U.S. Department of Labor Compliance Issues (77D)
Robert Walter

What's Missing from the Department of Labor Regulations: A Litigator's Wish List

What's Missing from the DOL Regulations: The Employers' Perspective (81B)
Randel K. Johnson

What's Missing from the DOL Regulations: A Plaintiff's Lawyer's Partial Wish List (81A)
J. Derek Braziel

DOL's Decision to Discontinue Issuing Wage and Hour Opinion Letters: Harmful to Employers, Unions and Employees (81D)
Gregory K. McGillivary

Equitable Tolling in Collective Actions (81D1)
Gregory K. McGillivary

A New Affirmative Defense: Applying Ellerth/Faragher's Avoidable Consequences Doctrine to FLSA Claims (81C)
Theodora R. Lee

What's Missing from the DOL Regulations: Transparency and Records (81E)
Catherine K. Ruckelshaus

Independent Contractor Misclassification Issues

Best Practices for Employers, and Common Mistakes to Avoid, Regarding Independent Contractors (79B)
Mark A. Knueve

Establishing Independent State Legislation Regarding Independent Contractors (79C)
Marc R. Poulos

Employee MisClassifications--2012: Summary of State Initiatives & Resources (79C1)

Birds of a Slightly Different Feather: Wage and Hour Issues Affecting Labor and the Public Sector

Birds of a Slightly Different Feather: Wage and Hour Issues Affecting Labor and the Public Sector (76A)
Ryan A. Hagerty and Paul L. Bittner

Let's Do the Math: Computing Damages in Wage and Hour Class Actions

Let's Do the Math: Computing Damages in Wage and Hour Class Actions (78B)
Lloyd W. Aubry, Jr., Jason C. Marsili, and Jennifer Sung

Point/Counterpoint: Hotly Contested and Unresolved Issues in Wage and Hour Law

Point/Counterpoint: Hotly Contested and Unresolved Issues in Wage and Hour Law (80A)
John S. Ho, Allen S. Kinzer, Stacia M. Jones, Bruce S. Levine and Sam J. Smith

The College of Labor and Employment Lawyers

The Judges' Perspective: An Inside Scoop on Civility and Professionalism in the Courtroom (82A)
Hon. W. Harold Albritton, III, Hon. Joel F. Dubina, Hon. Rebecca Pallmayer, Hon. Mary Scriven