one of pittsburgh’s most popular annual cle events! … of pittsburgh’s most popular annual cle...
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One of Pittsburgh’s most popular annual CLE events!
Employment L A W I N S T I T U T E west
Wed., Nov. 15 & Thurs., Nov. 16, 2006David L. Lawrence Convention Center
Register Today!800.247.4724PBI.org
12 CLE CREDITS
❞❝ Great variety of topic, the ability to select
sessions is great!
Detailed coverage ofvery focused employment law issues.
It’s going to be an exciting Institute … from beginning to end.The Institute kicks off on Wednesday with nationally recognizedemployment lawyer Rick Seymour updating you on employment lawdevelopments, cases and trends from the past year. You’ll get to see whatworkplace problems have reached the courts and how employment law isbeing shaped and changed as a result. And, perhaps most importantly,you’ll understand what these developments mean to your clients and to theadvice you offer them. Then on Thursday, you are treated to a unique twiston what judges think about trying employment law cases when formerjudges share their insights and perspectives.
Thirty great workshops are offered throughout the two days ofthe Institute. New this year are mini-tracks of workshops geared towardyour practice background. It’s a simple way to select sessions in ourdesign-your-own format. For more information about them, see page 5.Our workshops are focused on the myriad of workplace issues that yourclients bring you. We’ll make sure you have the latest information onretaliation, eDiscovery, the new pilot mandatory ADR program, theAmericans with Disabilities Act, the Family and Medical Leave Act,wage and hour issues and so many others.
Employment L A W I N S T I T U T E west
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So much is new at this year’s Institute!JO
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Great opportunity to hearof current developments and
to hear positions of plaintiff anddefense bar.
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YOU’LL WANT TO ATTEND 12Learn about the NEW federal e-discovery rules before they go into effecton December 1, 2006.
Get a grasp on employee medical information and the rights ofemployees and employers.
Be updated on retaliation claims in light of Burlington Northern and whyemployers need to re-examine their policies.
Find out why parties lose in unemployment cases … and how you canavoid the missteps that can lead to a disappointing outcome.
Have the complexities of handling Section 1983 cases revealed.
Focus in on the benefits and drawbacks to court-sponsored vs. privatemediation with a distinguished panel consisting of a mediator, formerjudge and sitting judge.
Explore the new tactics being used by unions and management –everything from “rats” to the Internet.
Hear about the latest developments in ADA cases – a continuing problemfor both employees and employers.
Explore the top “ten” things employers do to create plaintiffs.
Examine ways to prevent the unraveling of settlements – and how toprevent the more common mistakes.
Get the latest word on recent developments in the law of workplaceharassment – from both the plaintiff and defense perspectives.
Choose from two terrific ethics sessions – an interactive sessiondealing with difficult everyday dilemmas and the other onethical issues arising when taking or defendingdepositions.
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You’ll enjoy ourquick-paced schedule—with a short breakeach hour.
You won’t want to miss hearing nationally recognizedemployment lawyer Rick Seymour deliver the keynoteaddress
Special guest speaker, Richard T. Seymour of the Law Office of Richard T.Seymour, P.L.L.C. in Washington, DC, will kick off the Institute to update youon the most significant case developments of the year from around thecountry. Known for his incredible knowledge about employment law trendsand developments, Rick combs the case law, synthesizes it and brings you“golden nuggets” of insights and practice tips. You’ll enjoy Rick’s quick-pacedpresentation style and learn so much from him. There’s simply no better wayto make sure you’re up to speed on the latest developments and trends inemployment law.
Richard T. Seymour, EsquireLaw Office of Richard T. Seymour, P.L.L.C.Washington, DC
Rick Seymour has spent more than 90% of his timeprosecuting plaintiffs’ class actions challengingracial and sexual discrimination in employment,both in solo practice and for civil rightsorganizations during his career. He is a solopractitioner in Washington, DC. He waspreviously a partner in Lieff, Cabraser, Heimann& Bernstein, LLP in Washington, DC. Mr. Seymour is co-author of EQUAL EMPLOYMENT
LAW UPDATE (BNA, Washington, DC, 1996-2006), now in its 13th edition.
Wednesday’s Plenary Session
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Human Resource Professionals
The Institute will help you to make sure you are well grounded in the law.Our sessions are presented by experienced, well respected employmentlawyers who teach in a way that makes the law clear and understandable.You will find so many sessions perfect for you. Just take a look at allthe topics.
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Have you ever wondered whatjudges really think about the way
employment cases are tried?
A Candid Look Backward: What Former Judges Can Teach UsAbout Trying Employment Cases
In Thursday’s plenary session, you’ll hear from former judges who have heardhundreds and hundreds of cases. The Honorable Kenneth J. Benson and theHonorable Alan S. Penkower, both experienced former trial judges who nowserve as mediators of employment cases, team up to offer you their candidviews based on their many years of experience on the bench.
Hear the judges’ views on issues such as these:• what should and should not be done when handling various types of
employment cases• how to make the most persuasive arguments• how to handle difficult clients and witnesses• how to deal with the courts• how not to get caught up in common mistakes• and many other important topics
This new twist on the judicial perspective promises to open your eyes to issuesyou’ve never considered before. Whether you are a litigator, in-house counsel,transactional employment lawyer or human resource professional, you’ll gainnew insights into employment litigation. Experienced employment litigatorMark R. Hornak, of Buchanan Ingersoll & Rooney, PC, moderates thisfascinating discussion.
❞❝ I learned about areas of the law
I didn’t know about.
I thought it was excellent!
Thursday’s Plenary Session
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Choose a mini-track of sessions that fits your practicebackground.Or, if you prefer, feel free to mix and match sessions from our 30 terrific workshops.
At the Institute, you design your own program by deciding which sessions areof the most interest to you and your clients. To make that choice easier, newthis year are three mini-tracks that feature employment law topics of particularrelevance to lawyers and other employment professionals in specific types ofpractices.
The Counseling mini-track is perfect if you counselemployees and employers on a wide variety ofemployment law topics such as disability issuesunder the ADA, employee medical information,wage and hour matters under the Fair LaborStandards Act, and others. It’s also a great choice ifyou are in-house counsel or are responsible forhandling workplace issues for your law firm orbusiness. And, it’s ideal for human resourceprofessionals who want to brush up on the latestlegal issues.
The Litigation mini-track is designed for plaintiffand defense lawyers who handle employmentlitigation.
The Corporate/Business Lawyers’ mini-track isgeared toward you if you primarily representmanagement and corporate employers or arein-house counsel.
Take a look at the complete program schedule on pages 7 and 9 to check outexactly what topics are included in each track. It’s an easy way to plan yourown program because some of the selecting has been done for you!
New!
It’s rare for a two day seminarto be so interesting and
engaging.
Excellent format—one hourworkshops.
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Spotlight on Employment Law Decisions in theThird Circuit is a new workshop devoted entirely to significantThird Circuit employment law decisions of the past year.
So that you can really drill down and closely examine the most crucial ThirdCircuit employment cases of the year, this new workshop is dedicated toemployment law decisions in the Third Circuit. Taught by the crowd-pleasing duo of leading management lawyer Lynn C. Outwater of JacksonLewis LLP and plaintiffs’ lawyer and mediator Louis B. Kushner ofRothman Gordon, P.C., this workshop is the perfect way to make sure youunderstand the nuances of the most important cases of the year… in theThird Circuit.
New Pilot Mandatory ADR Program in the Western District
You will hear directly from Karen Engro, ADR Coordinator andJudge Thomas Hardiman, co-chair of the ADR Implementation Committeefor the Western District of Pennsylvania and one of the program’s pilotjudges all about this mandatory new program. This will be a uniqueopportunity to find out how your employment cases will be impacted.
New workshop!
Get the inside scoop
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Who should attend?You should, if you:
Represent employeesRepresent employersAre in-house counsel handling employment mattersAre a human resource professionalAre a business lawyer wanting to know more aboutemployment lawServe as a judicial law clerk to a judge who hearsemployment law casesAre a municipal lawyer responsible for employment mattersAre employed by the PHRC, EEOC or other governmental agencyhandling employment issuesHandle personnel issues for your law firmWant to expand your practice into employment lawSimply have an interest in employment law!
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The Year in Review:A Bird’s Eye View of What’s Been Happening in Employment LawMr. Seymour
3:10 – 3:20 Break & move to workshops
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This is a great format.All of the sessions I attended
were useful and well-delivered.
Every presentation gave mecurrent legal and practical
information.
ETHICS
Which cases had the biggest impact on employment law in the past year? You can count onRick Seymour to bring you up-to-date on all the significant cases of the past year. Thiskickoff session is not only a great survey of all that’s new, it will also lay the foundation formuch of what you will be learning about in other Institute sessions.
10:50 – 11:00 Break & move to workshops
9:35 – 9:50 Move to workshops
8:30 – 8:35 Welcome & Announcements
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2:00 – 2:10 Break & move to workshops
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2Dilemmas in DepositionsMr. Murtagh, Mr. Pritchard
3When You Think You’reAbout to Be Fired:Tips for EmployeesMr. Carroll
5Advanced Family andMedical Leave ActCompliance Update 2006(repeated at #14)Mr. Phillis
6New Era, New Tacticsin Labor Law:“Rats”, NeutralityClauses & the InternetMr. Kobell, Mr. Pass,Mr. Shaw
8New Pilot Mandatory ADRProgram in the WesternDistrictMs. Engro, Judge Hardiman
11Handling theUnemploymentCompensation Hearing:Why Parties LoseMr. Artz
14Advanced Family andMedical Leave ActCompliance Update 2006(repeat of #5)Mr. Phillis
15Suing the Government:What You Need to KnowAbout EmploymentClaims Under §1983Mr. Cordes, Mr. Dunlop
WEDNESDAY
1Spotlight on EmploymentLaw Decisions in theThird CircuitMr. Kushner, Ms. Outwater
4Adventures in Cyberspace:The New eDiscovery Rules(repeated at #10)Mr. Cohen, Mr. Schroeder
7The US Supreme CourtSpeaks in BurlingtonNorthern: The ExpandingScope of Retaliation Claims(repeated at #12)Mr. Bagin, Ms. Surloff
10Adventures in Cyberspace:The New eDiscovery Rules(repeat of #4)Mr. Cohen, Mr. Schroeder
13How to Effectively Retain,Present and CrossExamine ExpertWitnessesMr. Hardy, Mr. Lamberton
9Evidence Issues ThatCan Make (or Break)Your CaseMr. Ennis, Ms. Horne
12The US Supreme CourtSpeaks in BurlingtonNorthern: The ExpandingScope of RetaliationClaims (repeat of #7)Mr. Bagin, Ms. Surloff
Litigation mini-track7
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9:50 - 10:50 am1. Spotlight on Employment Law Decisions in
the Third CircuitWhat cases decided by the Third Circuit will impact yourpractice? Join Lynn Outwater and Louis Kushner as theybring you up to speed on the most significant employmentlaw decisions of the year … and the impact of these decisionson your clients. Make sure you haven’t missed any importantnew development.
2. Dilemmas in Depositions (ETHICS)If you’re an employment litigator, you spend many hours indepositions. In this session you’ll explore the many ethicalissues that can arise when taking or defending a depositionin an employment case. And, you’ll learn some ways tominimize your chances of actually making an ethical misstep.
3. When You Think You’re About to Be Fired:Tips for EmployeesThe rights of employees in Pennsylvania who fear possibletermination can be difficult to discern, particularly in anemployment at-will state such as Pennsylvania. What lawsprotect an employee? What practical steps or decisionsshould an employee take? In this session, you will exploreemployment protection laws such as the ADA, ADEA, FMLAand Title VII to be sure you know exactly what they provide;discrimination laws and the available remedies; as well asprovide practical advice for anyone counseling employers oremployees dealing with these delicate situations.
11:00 am - 12:00 noon4. Adventures in Cyberspace:
The New eDiscovery Rules (repeated at #10)The growing use of e-Discovery provides both potentialgoldmines and landmines. Its challenges have beenaddressed in amendments to the Rules of Civil Procedureand a growing body of case law. This session will explore:• discovery rules and procedures • tips for managing thescope and cost of eDiscovery • special problems –spoliation, work product doctrine and privilege • effectiveuse of eData.
5. Advanced Family and Medical Leave ActCompliance Update 2006 (repeated at #14)As the Family and Medical Leave Act enters its thirteenthyear it continues to create frustration in the workplace andis rapidly becoming one of the more frequently litigatedfederal statutes affecting medium to large sized employers.With confusing and conflicting court decisions clouding thepicture, it has left employers who are attempting to administerand comply with the law grappling for answers. Thisadvanced presentation will move beyond the basics toaddress the complex and challenging real-world issues.
6. New Era, New Tactics in Labor Law:“Rats,” Neutrality Clauses & the InternetYou will explore the changing landscape at the National LaborRelations Board and the responses from unions andmanagement, and learn about such issues as: • neworganizing tactics – use of “rats,” neutrality clauses & theinternet • significant developments at the National LaborRelations Board • recent collective bargaining trends.
1:00 - 2:00 pm7. The U.S. Supreme Court Speaks in Burlington
Northern: The Expanding Scope ofRetaliation Claims (repeated at #12)Explore from both a plaintiff and defense perspective thepotentially far-reaching repercussions of the BurlingtonNorthern case: • what is its import for employers andemployees • what is its potential impact on retaliation litigation• how does it alter analysis of potential retaliation claims• will it affect the handling of inappropriate conduct by anemployee opposing discrimination or the potential problemsrelated to employers’ treatment of former employees.
8. New Pilot Mandatory ADR Program in theWestern DistrictBeginning in June 2006, four district court judges implementednew ADR Local Rule 16.2 which mandates the use of one ofthe following methods of ADR in all civil cases (except socialsecurity and those involving prisoners): mediation, earlyneutral evaluation and arbitration. Learn about this newprogram and its policies and procedures from Karen Engro,ADR Coordinator and Judge Thomas Hardiman, co-chair ofthe ADR Implementation Committee for the Western Districtof PA and one of the program’s pilot judges.
9. Evidence Issues that Can Make (or Break)Your CaseThe stakes at trial are high for both sides, and importantevidence issues can make the difference between winningand losing at trial (and on appeal). Be prepared on: • “METOO” and “NOT ME” evidence • proving who is a comparatorand who is “similarly situated” • evidentiary predicates forpunitive damages • admission of discriminatory comments.
2:10 - 3:10 pm10. Adventures in Cyberspace: The New
eDiscovery Rules (repeat of #4)
11. Handling the Unemployment CompensationHearing: Why Parties LoseAttend this session and examine the challenging issues andhidden traps relating to unemployment compensation cases,from both the claimant’s and the employer’s perspective. Afteran explanation of the applicable law and procedures, learnhow to avoid missteps at the hearing which may result inlosing the case.
12. The U.S. Supreme Court Speaks in BurlingtonNorthern: The Expanding Scope ofRetaliation Claims (repeat of #7)
3:20 - 4:20 pm13. How to Effectively Retain, Present and Cross
Examine Expert WitnessesRetaining and cross examining expert witnesses can befraught with pitfalls. Hear the perspectives of defense andplaintiff’s counsel in this enlightening session. • learn howto avoid unethical expert retention agreements • determinehow to avoid expert conflicts of interest; • find out what rolethe attorney plays in drafting expert reports • get tips forexamining an expert witness.
14. Advanced Family and Medical Leave ActCompliance Update 2006 (repeat of #5)
15. Suing the Government: What You Need toKnow about Employment Claims under §1983Employment claims against municipal employers under42 U.S.C. §1983 present several advantages to plaintiffs.However, the law is more complex and special issues areoften presented. The differences between these claims andthose brought under Title VII will be covered as well as thecommon issues associated with claims against municipalities,including establishing liability under Monell.
PBI thanks thePBA Labor and Employment Law Section
for cosponsoringEmployment Law Institute West
!
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I got real help in how to preparemy cases. This program is an
ideal way to learn about recent case developments.
THURSDAY
2:00 – 2:10 Break & move to workshops
10:50 – 11:00 Break & move to workshops
9:35 – 9:50 Move to workshops
8:30 – 8:35 Welcome & Announcements
17Court Mediation v.Private Mediation —The Pros and ConsMr. Kushner, Judge Benson (ret.)
23What Every EmploymentLawyer Needs to KnowAbout ERISAMr. Ferreira
26Resolving ThornyEthical Issues(repeat of #20)Mr. Ganley, Ms. Rahman
ETHICS
28ADA Update—The OngoingFight over Disability Rightsin the WorkplaceMr. Blanco, Ms. Connelly
8:35
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:35
9:50
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0:50
11:0
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12:0
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12:00 – 1:00 Luncheon for registrants and faculty
1:00
– 2
:00
2:10
– 3
:10
3:10 – 3:20 Break & move to workshops
2:00 – 2:10 Break & move to workshops
3:20
– 4
:20
ETHICS
A Candid Look Backward: What Former Judges Can Teach UsAbout Trying Employment CasesMr. Hornak (moderator), Judge Benson (ret.), Judge Penkower (ret.)
20Resolving ThornyEthical Issues(repeated at #26)Mr. Ganley, Ms. Rahman
16Employee MedicalInformation: What anEmployer Can Ask For,When & HowMs. Diulus-Myers
19Top 10 Ways to Stay Out ofWage and Hour Trouble(repeated at #29)Mr. Johnson
22Running with the BigDogs: Negotiating &Drafting ExecutiveEmployment ContractsMs. Candris
25The Top 10 ThingsEmployers Do to CreatePlaintiffsMs. Ryan
29Top 10 Ways to Stay Outof Wage and HourTrouble(repeat of #19)Mr. Johnson
30Update and RecentDevelopments in the Lawof Workplace Harassment(repeat of #24)Ms. Danaher, Ms. Johnston
27Sex, Drugs and Rock &Roll (And Other TopicsThat Keep Employers Upat Night)Ms. Candris, Ms. Cimini
24Update and RecentDevelopments in the Lawof Workplace Harassment(repeated at #30)Ms. Danaher, Ms. Johnston
21Corporate Protection ofTrade Secrets,Proprietary Documentsand ConfidentialInformationMr. Miller
18What Can and Will GoWrong with Finalizing aSettlement – and How toPrevent ItMr. Lieber, Mr. Prorok
Counseling mini-track Corporate/business lawyer mini-track9
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9:50 - 10:50 am16. Employee Medical Information:
What an Employer Can Ask For, When &HowEver find yourself staring down the barrel of a gun askingthis same question? One of the rapidly growing areas ofworkplace regulation concerns issues surrounding employeemedical information. You will take a comprehensive look atcomplicated issues that arise under the FMLA, ADA, HIPAAand other state and federal laws when requesting andproviding employee medical information. You will also getpractical advice on how legal responsibilities can be met.
17. Court Mediation v. Private Mediaation —The Pros and ConsThe growth in mediation has led to confusion about whethercourt mediation or private mediation is the better choice.Our distinguished, and lively panel comprised of theHon. Alan S. Penkower (ret.), Louis B. Kushner, and a sittingjudge frorm the federal district court, will guide you throughthe pros and cons of both types of mediation. You’ll enjoythis session and get the inside scoop from those “in the know”so you can decide which type of mediation is appropriate foryour next case.
18. What Can and Will Go Wrong WithFinalizing Your Settlement and How ToPrevent ItExperienced defense and plaintiff’s counsel will share theirsettlement experiences. Further, practice pointers will beoffered on how to avoid the more common mistakes.
11:00 - 12:00 noon19. Top 10 Ways to Stay Out of Wage and Hour
Trouble (repeated at #29)Since the Department of Labor ’s revised white-collarovertime exemption regulations went into effect in August2004, prudent employers have been auditing their workforcesto determine if their employees are properly classified asexempt. At the same time, the number of wage and hoursuits and substantial settlements has not diminished. In thisprogram, we will discuss the latest trends in terms ofenforcement of the new regulations and the top 10 ways toavoid substantial liability in this difficult and complex area.
20. Resolving Thorny Ethical Issues (ETHICS)(repeated at #26)In this interactive session we will address difficult ethicalissues that employment lawyers deal with in their everydaypractices. Such issues may involve handling difficult clients,dealing with real or potential conflicts, and understandingwho the client is, what may be in the client’s best interest,and how to reach the client’s goal within the parameters ofthe professional rules of ethics. We will explore these issuesfrom the perspectives of both employee’s and employer’scounsel.
21. Corporate Protection of Trade Secrets,Proprietary Documents and ConfidentialInformationThere is an increasing tendency of employers to take action,including litigation, against its former employees based onallegations of the unlawful taking and use of trade secrets,proprietary documents and confidential information. Fueledby the real i t ies of the increased use of technology,Pennsylvania’s recent adoption of the Uniform Trade SecretsAct, Sarbanes Oxley considerations, the accepted mobilityof high-level and technically specialized employees and theever increasing competi t iveness of large and smallbusinesses in the world marketplace, employers are reachingout to teams of attorneys composed of commercial,employment and IP litigators to protect their perceivedinterests. Employees and their new employers must be readyto swiftly meet the challenges imposed by these actions.
1:00 - 2:00 pm22. Running with the Big Dogs: Negotiating &
Drafting Executive Employment ContractsExecutive employment contracts differ in many importantrespects from other employment agreements. Executivesseek desirable opportunities, but want appropriate power,compensation and incentives. Companies seek the bestavailable talent, and provisions which will withstand scrutiny.This session will focus on the special aspects of executiveemployment agreements, and strategies for balancing theinterests of both parties to achieve appropriate terms.
23. What Every Employment Lawyer Needs toKnow About ERISAWhen is an employment claim really an ERISA claim? Whattypes of claims are preempted by ERISA? What types ofclaims can be brought as either a state law or ERISA claimand what factors should be considered in deciding which typeof claim to bring? • scope and applicability of ERISA • ERISAjurisdiction – exclusive or concurrent • what do you gain andlose under ERISA • hot topics under ERISA litigation
24. Update and Recent Developments in the Lawof Workplace Harassment (repeated at #30)Discrimination suits are being brought with increasingfrequency. Many of these recent developments will have animpact on your employment practice. Examine a host ofissues relating to these tricky issues, from the plaintiff anddefense perspectives.
2:10 - 3:10 pm25. The Top “Ten” Things Employers Do to
Create Plaintiffs“Buckle down” to discuss the “top 10” missteps of employerstoward their employees. Examples range from “deaf”employers to offering no or “watered-down” reasons foremployment actions to failing to evaluate employee evaluatorsto investigations that make the Titanic look seaworthy. Invitedwill be suggestions on simple and sometimes creative waysto avoid common pitfalls and overviews on applicable law,including affirmative defenses, available to employers whichavoid or correct these pitfalls.
26. Resolving Thorny Ethical Issues (ETHICS)(repeat of #20)
27. Sex, Drugs and Rock & Roll (And OtherTopics that Keep Employers Up at Night)Practical solutions will be offered on issues such as:• workplace romances • keeping drugs out of the workplace• music in the workplace (from rap to religious) • proselytizingin the workplace • dress codes (from religious garb to bodypiercing) • company rules – keeping the NLRB off yourdoorstep • Internet insanity.
3:20 - 4:20 pm28. ADA Update: The Ongoing Fight over
Disability Rights in the WorkplaceGet the latest ADA case law developments and trends in theThird Circuit, as well as cogent analysis and practical tips.This session mixes the familiar with the unexpected, providingyou with a new perspective on the competing interests thatmake up ADA law, including the following: • the meaning of“disability” and “qualified” • how courts determine whetheran impairment “substantially” limits a major life activity • thecatch 22 of being “regarded as” disabled • the pitfalls in theinteractive process • assessing the “reasonableness” ofaccommodations.
29. Top 10 Ways to Stay Out of Wage and HourTrouble (repeat of #19)
30. Update and Recent Developments in the Lawof Workplace Harassment (repeat of #24)
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EAM Laura A. Candris, Esquire, is a partner in Meyer, Unkovic & Scott LLP, and is chair of
the firm’s Labor, Employment Law & Employee Benefits Section. She has defendeddiscrimination claims (race, age, disability, sex, sexual harassment, etc.) and otheremployment and employee benefit claims (including claims under the Fair Labor StandardsAct) in state courts, in federal district courts in 11 states and in courts of appeals, as well asbefore state and federal enforcement agencies. In 2005 and 2006, she was named aPennsylvania Super Lawyer in employment law by Law and Politics Magazine and PhiladelphiaMagazine.
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Two day immersion in employmentlaw; approachable presenters;
lunch included fosters collegiality.
The speakers gave really helpful tips. ❞
❝
Have you ever wondered whatjudges really think about the way
employment cases are tried?
A Candid Look Backward: What Former Judges Can Teach UsAbout Trying Employment Cases
In Thursday’s plenary session, you’ll hear from former judges who have heardhundreds and hundreds of cases. The Honorable Kenneth J. Benson and theHonorable Alan S. Penkower, both experienced former trial judges who nowserve as mediators of employment cases, team up to offer you their candidviews based on their many years of experience on the bench.
Hear the judges’ views on issues such as these:• what should and should not be done when handling various types of
employment cases• how to make the most persuasive arguments• how to handle difficult clients and witnesses• how to deal with the courts• how not to get caught up in common mistakes• and many other important topics
This new twist on the judicial perspective promises to open your eyes to issuesyou’ve never considered before. Whether you are a litigator, in-house counsel,transactional employment lawyer or human resource professional, you’ll gainnew insights into employment litigation. Experienced employment litigatorMark R. Hornak, of Buchanan Ingersoll & Rooney, PC, moderates thisfascinating discussion.
❞❝ I learned about areas of the law
I didn’t know about.
I thought it was excellent!
Thursday’s Plenary Session
4
ABOU
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John R. Johnson, Esquire, currently serves as Chief Counsel, Employment at ThePNC Financial Services Group, Inc. in Pittsburgh. He is a former shareholder in the firmof Buchanan Ingersoll, P.C. in their Labor and Employment Law Section. He is a PastChair of the Pennsylvania Chamber of Business & Industry Human Resources Committee.
Samuel J. Cordes, Esquire, is a partner in thePittsburgh law firm of Ogg, Cordes, Murphy & Ignelzi,L.L.P. He primarily represents plaintiffs in employmentdiscrimination, ERISA and civil rights actions. He haslitigated numerous high profile employmentdiscrimination cases in the Western District ofPennsylvania. He is listed in the 2006 edition of The BestLawyers in America; and the 2004, 2005 and 2006 editionof Pennsylvania Super Lawyers.
Casey Ryan, Esquire, a partner with Reed SmithLLP in Pittsburgh and the Deputy Practice Group Leaderfor the Firm’s Labor and Employment Group, hasdefended employers in a wide variety of employment-related disputes, including harassment, retaliation,discrimination, wrongful discharge and breach ofcontract litigation. Ms. Ryan is listed in Best Lawyers inAmerica and was identified as a “Rising Star” byPennsylvania Super Lawyers.
Louis B. Kushner, Esquire, is a senior partner inthe law firm of Rothman Gordon, P.C., Pittsburgh. Herepresents executives, minority shareholders, andprofessionals such as attorneys, CPA’s, physicians,teachers and college/university professors, as well asnumerous public and private sector unions. Mr.Kushner was named a Pennsylvania Super Lawyer for2006 and as one of Pittsburgh’s top 50 Super Lawyers.
FACU
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Thank YouThank YouThank YouThank YouThank You to the 36 faculty members
who so generouslyshare their knowledge
at the Institute.!
John C. Artz, Esquire, SPHRPolito & Smock, P.C., Pittsburgh
Christian Bagin, EsquireWienand & Bagin, Pittsburgh
Hon. Kenneth J. Benson (Ret.)Pittsburgh
Alan C. Blanco, EsquireRothman Gordon, P.C., Pittsburgh
James W. Carroll, Jr., EsquireRothman Gordon, P.C., Pittsburgh
Sally Griffith Cimini, EsquireBabst, Calland, Clements andZomnir, P.C., Pittsburgh
David R. Cohen, EsquireKirkpatrick & Lockhart NicholsonGraham LLP, Pittsburgh
Pamela W. ConnellyAssociate General CounselUniversity of Pittsburgh, Pittsburgh
Maria Greco Danaher, EsquireDickie, McCamey & Chilcote, P.C.Pittsburgh
Patricia Diulus-Myers, EsquireJackson Lewis LLP, Pittsburgh
Scott G. Dunlop, EsquireMarshall, Dennehey, Warner, Coleman& Goggin, Pittsburgh
Karen Engro, EsquireJudicial Council of PennsylvaniaPittsburgh
Peter J. Ennis, EsquireBuchanan Ingersoll & Rooney PCPittsburgh
John G. Ferreira, EsquireMorgan, Lewis & Bockius LLPPittsburgh
Charles E. Ganley, EsquireLaw Offices of Charles E.Ganley, L.L.C., Waynesboro
Hon. Thomas HardimanU.S. District Court, W.D. of PAPittsburgh
W. Scott Hardy, EsquireCohen & Grigsby, P.C., Pittsburgh
Mark R. Hornak, EsquireBuchanan Ingersoll & RooneyPittsburgh
Vicki Kuftic Horne, EsquirePittsburgh
Colleen Ramage Johnston, EsquireRothman Gordon, P.C., Pittsburgh
Gerald KobellRegional DirectorNational Labor Relations BoardRegion 6, Pittsburgh
Charles A. Lamberton, EsquireLamberton Law Firm L.L.C.Pittsburgh
James B. Lieber, EsquireLieber & Hammer, PC, Pittsburgh
Kurt A. Miller, EsquireThorp Reed & Armstrong, LLPPittsburgh
John W. Murtagh, Jr., EsquireMurtagh & Cahill, Wexford
Lynn C. Outwater, EsquireJackson Lewis LLP, Pittsburgh
Joseph J. Pass, EsquireJubelirer, Pass & Intrieri, Pittsburgh
Hon. Alan S. Penkower (Ret.)Pittsburgh
Mark T. Phillis, EsquireLittler Mendelson, P.C., Pittsburgh
Robert W. Pritchard, EsquireLittler Mendelson, P.C., Pittsburgh
Robert F. Prorok, EsquireReed Smith LLP, Pittsburgh
S. Whitney Rahman, EsquireRoland & Schlegel, P.C., Reading
Theodore A. Schroeder, EsquireLittler Mendelson, P.C., Pittsburgh
Richard T. Seymour, EsquireLaw Office of Richard T. Seymour,P.L.L.C., Washington, DC
Richard F. Shaw, EsquireJones Day, Pittsburgh
Ellen L. Surloff, EsquireKirkpatrick & Lockhart NicholsonGraham LLP, Pittsburgh
12
DAVID L. LAWRENCE CONVENTION CENTER
CLE Credits: Each day of this programhas been approved by the PA CLE Board
for 6 hours of CLE credit. Workshopchoices will determine whether credits are
in substantive law, practice & procedureor ethics, professionalism or
substance abuse.Human Resource Professional Credit:This program has been approved for 12recertification credit hours toward PHR
and SPHRrecertification
through theHuman
ResourceCertification
Institute (HRCI).For more information
about certification or recertification,please visit the HRCI homepage at
www.hrci.org.Registration Policy: Preregistration isencouraged; walk-in enrollments will be
accepted on a space available basis.Preregistered students will receive priority
on the distribution of course materials.Those intending to register at the door
should telephone PBI at (800) 932-4637to confirm that there have been no
schedule changes and that theregistration remains open.
Ticket Policy: Time permitting, you willreceive a registration ticket that will
expedite your registration at the door. Aregistration confirmation ticket is not
required for admittance.Cancellation Policy: In order to receive
a refund for cancellation (less a $25administrative fee), you must notify PBIby mail or FAX no later than 2 working
days prior to the course presentation datefor the appropriate site. Otherwise, youwill receive the course materials in full
consideration of tuition paid.Weather Related Cancellations: Check
www.pbi.org or call (800)-932-4637ext. 2205.
Registration Transfers: Requests fortransfers will be honored if they are
received prior to the date of the course.Services for Persons with
Disabilities: If special arrangements arerequired, please contact Brenda
Bankowski at (800) 932-4637 at least tendays prior to the presentation date.
Speaker Substitutions: PBI reservesthe right to substitute speakers at all
programs.PBI Scholarships: PBI offers
substantially reduced tuition for most PBIseminars to allow attorneys experiencing
financial hardship to fulfill their mandatoryeducation requirement. For details and an
application, contact ScholarshipAdministrator at scholarships@pbi.org or
(800) 932-4637 Ext. 2284at least 30 days before the program.
1000 Fort Duquesne Boulevard, Pittsburgh — 412-565-6000
FROM PITTSBURGH INTERNATIONAL AIRPORTPA-60 S to US-30 E becomes I-279 N through the Ft. PittTunnels and across the Ft. Pitt Bridge. Take Exit 6C Ft.Duquesne Blvd. Follow sign to Convention/StripDistrict on 10th Street Bypass. Convention Center onright.
FROM EAST/PA TURNPIKEI-76 W (PA Turnpike) to Exit 57 Pittsburgh. TakeI-376 W to Exit 2B Blvd. of the Allies. Take I-579 N toSeventh Ave./Convention Center Exit. Take SeventhAve. Turn right onto William Penn Way. William PennWay becomes 10th St. Convention Center straight ahead.
FROM WEST/PA TURNPIKEI-76 E (PA Turnpike) to Exit 28 Cranberry. Follow signsto I-79 S to I-279 S across Ft. Duquesne Bridge to 10th
Street Bypass. Convention Center on right.
FROM NORTHI-79 S to I-279 S across Ft. Duquesne Bridge to 10th StreetBypass. Convention Center on right.
FROM SOUTHI-79N to Exit 59A Pittsburgh to I-279N through Ft. Pitttunnel across Ft. Pitt Bridge. Take Exit 6C Ft. DuquesneBlvd. Follow sign to Convention/Strip District on 10th
Street Bypass. Convention Center on right.
PARKINGLocated in the Convention Center on the corner of 10th
Street & Penn Avenue. Daily Rate: $8.00
13
Name ____________________________________________________________________________
Firm _______________________________________________________ Atty. # ________________
Address __________________________________________________________________________
City ____________________________________________ State ___________ Zip _________________
Phone ( ) ____-_________ Fax ( ) ___-_________E-mail _______________________________
As a member of both the PBA and the ___________________ county bar association, I have enclosed mydiscount coupon in the amount of $_____________ for my: 1st 2nd 3rd 4th 5th PBIseminar.
A check made payable to PBI for $________ is enclosed.
Charge my: Exp. _____
Card________________________________________________________________________________________________________
Signature ___________________________________________________________________________________________
4072-clw/bl-9/14/05-7150
TUITION FOR BOTH DAYS(includes course books, continental breakfasts,coffee and soda breaks and lunches)$449 Member — Pa., or any co. bar assn.$449 Human Resources Professionals$419 Member admitted after 1/1/02$489 Nonmember$189 Paralegals attending with an attorney$249 Paralegals attending alone$225 Judges and judicial law clerks$210 Judges and judicial law clerks
(admitted after 1/1/02)Maximum CLE credits: 6 each day
PITTSBURGH ONLY!Wed., Nov. 15 & Thurs., Nov. 16, 2006David L. Lawrence Convention Center, 1000 Fort Duquesne Blvd.
8041
Course Book(2006-4469) $89 + $6.00 shipping & $5.70 Pa. sales tax($100.70 total)One copy of the book for the day(s) of your registration is included inyour tuition.
Please allow 2 weeks after the program for the shipment of books. Aten-day return privilege applies to all book orders, less a handling &restocking fee of $6.00.
Employment L A W I N S T I T U T E west
TO REGISTER
TUITION FOR ONE DAY(includes course book, continental breakfast,coffee and soda breaks and lunch)
Wed., November 15 Thurs., November 16$249 Member — Pa., or any co. bar assn.$249 Human Resources Professionals$229 Member admitted after 1/1/02$269 Nonmember
$99 Paralegals attending with an attorney$129 Paralegals attending alone$125 Judges and judicial law clerks$115 Judges and judicial law clerks
(admitted after 1/1/02)
14
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5 R
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It’s t
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the e
mpl
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Wes
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sight
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our e
mpl
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You
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the i
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in em
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