February 13, 2020

Page Three

Litigation

Advanced eDiscovery: Litigating Today’s Employment Lawsuit

Proposed Amendments to the Federal Rules of Civil Procedure and Their Potential Impact on Employment Litigation
James C. Francis IV

ESI in the Practical World of Labor Law
John R. Mooney

Recent Cases Interpreting or Applying Proportionality Principles to the Production of Electronically Stored Information
Marni Willenson

Communications with Potential Class Members Before and After Complaint Filing: Ethics and More

Talk to Me: Communications with Potential Class Members Before and After Complaint Filing
Philip Monrad, Jahan Sagafi, W. V. Bernie Siebert, and Justin M. Swartz

Coordinating Criminal, Civil and Insurance Claims Associated with Employee Crime in the Workplace

The Coordination of Criminal, Civil and Insurance Claims Associated with Employee Crime in the Workplace--Internal Investigations: Out Of The Lion's Den?
Nicholas C. Harbist

The Coordination of Criminal, Civil and Insurance Claims Associated with Employee Crime in the Workplace--Hypothetical Scenario

Crafting an Effective Class Action Trial Plan

The Four Pillars of Defending a Wage-Hour Class Action Trial: A Defense Perspective

Evangeline C. Paschal

Crafting an Effective Class Action Plan: Closing arguments | Proposed trial plans (Gender discrimination) | Proposed trial plans (Wage and hour)
David Sanford

Cross-Examination: The Ten Commandments Reconsidered

The Adverse Witness and the Case for Unconventional "Cross-Examination": The Plaintiff's Perspective
Maureen S. Binetti

Cross-Examination: The Ten Commandments Reconsidered
Barry A. Macey

We’re Not Getting Younger: Some Notes on the Midlife Crosses
Mark Risk

eDiscovery Boot Camp

eDiscovery Boot Camp (28C)
Brian E. Koncius

I <3 Hot Moms: E-Discovery Obligations in the Age of Social Media
Marcy Norwood

Experts Discuss Tricky Evidentiary Issues in Employment Law

The Management Lawyer’s Motions In Limine Checklist
Gary B. Eidelman

Evidence Rule 412 in the Civil Law Context
Julie Richard-Spencer

A Long Way from Home: The Stray Remarks Doctrine and the Rules of Evidence
Michael C. Subit

Vicarious Admissions: FRE 801(d)(2)(D)
George Strickler

A Forensic Tour of Portable Devices and the Secrets They Reveal

A Forensic Tour of Portable Devices and the Secrets They Reveal
Dr. Gavin W. Manes

Hand Held Devices and the Secrets They Hold (and Reveal): Issues for the Employee's Lawyer
Laura S. Schnell

Forensic Searches and the NLRA: Toward a New Understanding of Sec. 7’s Reach
Alvin Velazquez

The Impact of Bankruptcy on Labor and Employment Law

Protecting the Plaintiff When the Defendant Runs to Bankruptcy Court | Paintiff's Complaint for Objection to Discharge | Plaintiff's Memorandum in Support of their Motion for Relief from Automatic Stay
Daniel A. Katz

Defending Employment Cases When Plaintiff Files for Bankruptcy
Joseph C. Liburt and Daniel J. Corbett

Labor and Bankruptcy | Bankruptcy Basics | Labor Law and Bankruptcy
Richard M. Seltzer

The Ins and Outs of the Administrative Procedures Act: Why You Had Better Pay Attention to It

You Don’t Know the Ins and Outs of the Administrative Procedures Act? Why You Better Pay Attention to It
T. Scott Kelly

Rules of Practice and Procedure for Hearings Before the Office of Administrative Law Judges

Justice Delayed: Two Case Studies in the Overburdened Administrative Court System
David L. Scher

Jury Consultants and Focus Groups to Fit Many Budgets and Timeframes

Can Jury Consultants Make the Difference? A Plaintiff's Perspective (with additional thoughts from the Union Perspective)
Kathryn Burkett Dickson, Yona Rozen, and Lisa J. Banks

Jury Consultants in the Age of the Vanishing Civil Trial: A Defense Perspective
Robert M. Goldich

Cost-Efficient Jury Consulting: Get More Bang for Your Buck
Carolyn S. Koch

Negotiating an FLSA Settlement Agreement: Legal and Practical Considerations

Negotiating an FLSA Settlement Agreement: Legal and Practical Considerations
John S. Ho, Laura L. Ho, Gregory K. McGillivary, Linda R. Singer, and Robert A. Boonin

Overcoming New Hurdles for Class Certification

Overcoming New Hurdles in Class Certification
Apalla U. Chopra and Matthew P. Eastus

Must Have Class-Wide Proof of Damages but Can't Have Trial by Formula? Resolving the Whipsaw Between Com Cast and Dukes
Della Barnett and Jocelyn Larkin

The Patient Protection and Affordable Care Act: Employer Responses and Litigation Trends

(See Page One)

Settlement Strategies: What Every Lawyer Needs to Know About Reimbursement of Medicare and Medicaid

Workers’ Compensation Medicare Set-Aside (MSA), Centers for Medicare & Medicaid Services (CMS), and Taking Medicare’s Interests into Consideration
G. Terrence Coriden

An Update on Medicare Secondary Payer Compliance
Rafael Gonzalez

Exhibit A | Exhibit B | Exhibit C | Exhibit D

Medicare Secondary Payer and Workers’ Compensation Settlement Agreements Act of 2013 | A Bill HR 1982
Joel L. Alpert

Summary Judgment Practice: Live or Die

Summary Judgment Practice
Katherine L. Butler

How to Increase the Likelihood of Obtaining Summary Judgment
Barbara Jean D'Aquila

Trial by Formula and Defendants’ Due Process Rights

Perspectives on the Impact of Dukes on Representative Evidence
Guy B. Wallace and Reed L. Russell

Trial by iPad

Practical Considerations for iPad Presentations
Adam S. Forman and Todd M. Schneider

What You Can Do with that Deposition in Court

Use of Deposition Testimony at Trial
Lynne C. Hermle

Effective Use in Litigation and Trial of Rule 36 Requests to Admit
Robin Potter

Special Interest

An Overview of Whistleblower Claims

Overview of Whistleblower Claims
Richard R. Renner

Whistleblower Flowchart for Complainants and other illustrations | DOL Information about Filing a Whistleblower or Retaliation Complaint with OSHA | OSHA's Suggested Additional Online Resources
Beth S. Slavet

State Regulation of Occupational Safety and Health

Surprise! There are 27 OSHAs
Stephen Yokich, Susan Wiltsie, John Howard, Nancy Guyott, and Greg Baxter

Settlement Strategies: What Every Lawyer Needs to Know About Reimbursement of Medicare and Medicaid

(See Page Two)

Wage and Hour

Communications with Potential Class Members Before and After Complaint Filing: Ethics and More

(See Page Two)

Compensable Time in a Digital Age: Beyond Donning and Doffing

Track Your Hours: Just Tap the App

Compensable Time in a Digital Age: Beyond Donning and Doffing
J. Lindsay Johnston

Compensable Time in a Digital Age: Beyond Donning and Doffing
Christine E. Webber

All in a Day's Work? General Principles of Compensable Employee Working Time
Jennifer T. Williams

Record Keeping in an Evolving Workplace
Shane Youtz

Independent Contractors: Are They Misclassified?

Independent Contractors: Are They Misclassified?
Susan N. Eisenberg, Hon. Patricia M. Smith, Eric D. Reicin, and Aaron Kaufman

Negotiating an FLSA Settlement Agreement: Legal and Practical Considerations

(See Above)

Recent FLSA Developments

Recent FLSA Developements
Jeremy J. Glenn, Ryan A. Hagerty, Matthew C. Helland and David A. Prather

Trial by Formula and Defendants’ Due Process Rights

(See Above)

Wage and Hour Boot Camp

FLSA Basics: Minimum Wage Regular Rate Hours of Work
B. Craig Deats

The Basics of Fair Labor Standards Act Collective Actions
James Kan

Independent Contractor Misclassification under the FLSA and White Collar Exemptions
Larry Peikes