REGIONAL MEETING PAPERS
June 30, 2020 – The College is Going Virtual: Best Practices for Remote Labor & Employment Depositions
Due to the unprecedented circumstances presented by COVID-19, we’ve been increasingly relying on technology-enabled virtual communications. In keeping with its mission to promote excellence in the practice of labor and employment law by setting standards of professionalism and civility, The College of Labor and Employment Attorneys will be offering a series of free webinars to its Fellows nationwide on benefits, pitfalls, and best practices associated with virtual legal events such as depositions, mediations, arbitrations, and court/agency trials and hearings. The first webinar is on remote depositions.
Although depositions were conducted remotely on fairly rare occasions pre-pandemic, remote depositions are being conducted with increasing frequency during the pandemic and are likely to remain more prevalent in the “new normal” after social-distancing precautions end. U.S. Legal Support, one of the vendors that provides not only court reporters but also the technology to conduct remote depositions, began this webinar with a demonstration of how it runs such depositions. Following this demo, Fellow presenters from both the employee/union and management perspectives addressed the laws, rules, and procedures that apply to remote depositions and discussed their personal experiences in navigating the practical challenges posed by conducting remote depositions to ensure effective, efficient, and ethical results.
Moderator – Loren Gesinsky, Partner | Seyfarth Shaw LLP
Speakers –
- Greg Cassin, Director of Operations, Trial Technology | U.S. Legal Support
- Melissa S. Woods, Partner | Cohen Weiss and Simon LLP
- Douglas Evans Dexter, Partner | Farella Braun + Martel LLP
Program Chairs – Wayne Outten, Douglas Evans Dexter and Bill Frumkin
CLE: This webinar was accredited for CLE in CA, IL, NJ, and NY; TX credit is pending. The following jurisdictions accept reciprocal credit with these accredited states, and individuals can use the certificate they receive to gain CLE credit therein: AZ, CT, ME, NH. The following jurisdictions do not require CLE, but attendees will receive general certificates of attendance: DC, MA, MD, MI, SD. For all other jurisdictions, a general certificate of attendance will be issued that can be used in other reciprocal jurisdictions or for self-application of accreditation.
This webinar was co-sponsored by Seyfarth Shaw LLP, which will be coordinating CLE accreditation and certificates of attendance, and by U.S. Legal Support, which will provide the webinar platform.
For questions please contact Susan Wan
Phone: (410) 972-4711 or Email: swan@laborandemploymentcollege.org
Materials
Supplement To Remote Deposition Presentation
College Presentation PPT Slides
February 7-8, 2020 – 2020 REGIONAL PROGRAM OF THE 4TH, 5TH AND 11TH CIRCUITS
The Regional program of the 4th, 5th and 11th Circuits was a joint College event on February 7-8, 2020 in St. Petersburg, FL, featuring discussions on topics of national interest. Four superb panels were assembled to address current topics.
Special thanks to the sponsoring firms: Bradley Arant, Burr & Forman LLP; Constangy, Brooks, Smith & Prophete, LLP; GrayRobinson PA, Jackson Lewis, Ogletree Deakins; Rod Tanner & Associates and Steptoe & Johnson PLLC!
Civility and Professionalism in the Courtroom
Three esteemed federal judges offered their thoughts and insights into practical topics such as how to be an effective advocate before the court, the difference between appellate and jury argument, the importance of preparedness, making the most of oral argument, and fidelity to the appellate record.
Speakers:
Honorable J. Michelle Childs – US District Court, District of South Carolina
Honorable James E. Graves, Jr. – US 5th Circuit Court of Appeals
Honorable Charles R. Wilson – US 11th Circuit Court of Appeals
Stetson Journal of Advocacy and the Law - Allen_2019
PRINCIPLES OF CIVILITY
CLEL 2020 Civility and Professionalism
The View from the Hill: A Legislative Update
Panelists discussed and debated pending proposals in Congress, including the Protecting the Right to Organize (PRO) Act, and talked about their prospects for adoption.
Speakers:
Fellow Randal K. Johnson (Seyfarth Shaw, Washington, DC)
Lynn Rhinehart (Economic Policy Institute, Washington, DC)
Handouts for Session on The View From the Hill
PRO ACT - Fact Sheet
Statement of L. Lorber
2020-02 College of Labor and Employment Lawyers_ Capitol Hill Update(61498529v1)
The NLRB in 2020
The National Labor Relations Board continued to experience change in 2019, as Peter B. Robb succeeded Richard F. Griffin for a four-year term as General Counsel which began on November 17, 2017. Mr. Robb provided his observations on the significant issues he has brought to the Board or may bring in the future.
Speaker:
Peter Robb (General Counsel, National Labor Relations Board, Washington, DC)
Advice Memo ADC LTD
Advice Memo Greektown Casino
GC Memo 18-04 Guidance on Handbook Rules Post_Boeing.pdf
GC Memo 19-03 Dubo Deferral
GC Memo 19-04 Unions' Duty to Properly Notify Employees of their General Motors & Beck Rights and Dues Checkoff Revocations
NLRB Decision Apogee
NLRB Decision Boeing (Unit)
NLRB Decision Caesars
NLRB Decision Electrolux
NLRB Decision General Motors
NLRB Decision Johnson Controls, No. 10-CA-151843
NLRB Decision SuperShuttle
NLRB Decision UPMC
NLRB Decision Walmart (Boeing Interpretation, Union Insignia)
NLRB Decision Walmart (Intermittent Strikes)
NLRB Decision, UPS
NLRB Decision, Valley Hosp
The Intersection of Employment Law and Criminal Law
Practitioners provided guidance on how to identify and handle employee and employer criminal activity in the workplace, such as claims of employee theft or embezzlement, employees viewing pornography on employer’s devices and employer’s illegal activity such as fraud on the government, and focused on best practices and ethical considerations for addressing these issues.
Speakers:
Fellow Cynthia Sass (Sass Law Firm, Tampa, FL)
A. Brian Albritton (Phelps Dunbar, Tampa, FL)
Jo Ann Palchak (The Law Office of Jo Ann Palchak, PA, Tampa, FL)
Jason Pill (Phelps Dunbar, Tampa, FL)
Upjohn Company v. United States 449 U.S. 383 101 S.Ct. 677 66 L.Ed.2d 584 (1981)
Intersction of Employment Law and Criminal Law PPT
November 9, 2019 – Retrospectives on Labor and Employment Law
Guests experienced a fascinating journey of the past fifty years of Labor and Employment Law, with tour guides who are acclaimed veterans in the field, boasting almost 150 years of combined experience between them. Professor Cynthia Nance moderated the discussion as Ted St. Antoine, Chai Feldblum and Peter Hurtgen shared experiences and recollections gained in landmark cases, ground-breaking negotiations, and historic mediations which left an indelible mark on the field of labor and employment law and are still relevant today. Their enduring reputations are exceeded only by the scope of their achievements as trailblazers in the field of labor and employment law.
Speakers:
Ted St. Antoine
Chai Feldblum
Peter Hurtgen
Moderator – Cynthia E. Nance
Retrospectives on Labor and Employment Law
October 2, 2019 – 9th Circuit South Regional Meeting:
This panel of experienced judges, neutrals and practitioners will discuss the types of attorney conduct that rankles them the most in labor and employment law litigation and arbitration. In addition, they will address incivility, unethical conduct, implicit bias and other behaviors that discredit the legal profession and violate the ABA and California State Bar Rules of Professional Conduct, as well as the CLEL’s Principles of Civility and Professionalism. Strategies on how to identify and correct these issues will be included as well.
Speakers include:
Judges: Hon. Rupert Byrdsong and Hon. William Highberger
Arbitrators: Hon. Judith Chirlin (Ret.) and Pamela Hemminger
Practitioners: Genie Harrison (E), Maria Rodriguez (M), Laurence Zakson (U)
Moderator: Nancy Abell.
Special thanks to sponsors Judicate West and Signature Resolution!
CLEL Agenda October 2 2019 Program
CLEL Bias 01 ABA Commission on Women Can't Change What Can't See
CLEL Bias 02 Calif Rules-of-Professional-Conduct 8.4.1
CLEL Bias 03 Judge Yvonne Gonzalez Rogers Admonition to Counsel_Redacted
CLEL Bias 04 Judge Koh's Bench Trial Standing Order
CLEL Ethics 01 Judge Byrdsong Final Status Conference Order
CLEL Ethics 02 Motion in Limine Reeves v Hologram
CLEL Ethics 03 Motion in Limine Reeves v Hologram Opposition
CLEL Ethics 04 LaSalle v. Vogel
CLEL Ethics 05 LA County Bar Code of Civility Guidelines
CLEL Ethics 06 General Dynamics
CLEL Ethics 07 Fox Searchlight Pictures
CLEL Ethics 08 Chubb
CLEL Ethics 09 Clark
CLEL Ethics 10 County of San Bernardino PERB
CLEL Ethics 11 County of San Bernardino Ct of Appeal
CLEL Ethics 12 Order Denying Pltf's Rule 16 Motion and Directing Status Statement
CLEL Ethics 13 Order to Show Cause re Referral to State Bar
CLEL Ethics 14 Cal State Op. 2009-176
CLEL Ethics 15 2015-194 Puffing in Negotiations
CLEL Ethics 16 ABA Formal Ethics Op. No. 06-439
February 1-2, 2019 – Charleston SC Regional Program Weekend:
4th and 11th Circuits Host Successful Regional Meeting in Historic Charleston. The weekend started with a dinner at the famous Galatoire’s Restaurant on Bourbon Street. An amazingly successful program was enjoyed by over sixty Fellows in Charleston, SC on February 2nd. Thank yous go to the Planning Committees of the 4th and 11th Circuits, and to all the speakers who graciously accepted our invitation to be a part of this event.
Friday evening's reception at the South Carolina Historical was the perfect start to a weekend in the charming and historic southern city. Saturday morning's judges' panel featured three district court judges (Hon. Irene M. Keeley – USDC ND WV; Hon. Donald C. Coggins, Jr. – USDC, DSC.; Hon. R. David Proctor – USDC ND Ala.) who shared their insights and experiences on civility in the courtroom. Fellow Marty Malin and Fellow John Ring followed, sharing updates on legislative happenings and the NLRB. The final panel featured three speakers representing a variety of viewpoints on the #MeToo Movement. Adriane Malanos Belton (Mercedes Benz, Charleston, SC), Angela Gray (Gray Newell Thomas, Greensboro, NC) and Lucas Kaster (Nichols & Kaster, Minneapolis, MN), touched on topics from how the movement has impacted juror profiles and jury selection, to male victims alleging sexual harassment in the workplace to the importance of training and policy awareness. Fellows were extremely enthusiastic about a follow up program in 2020.
Special thanks to the sponsoring firms: Burr & Forman LLP; Constangy, Brooks, Smith & Prophete, LLP; The Employment Law Center, PLLC; Ogletree Deakins Nash Smoak & Stewart, PC; Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan; and Steptoe & Johnson PLLC!
Program Agenda
Sexual Harassment Prevention Strategies for Employers
The Importance of Civility in the Sandbox
Recent Developments in Labor and Employment Law: Is the Law of the Workplace Drifting Rightward?
Knock It Off': Judge Upbraids Reed Smith Partner Litigating Mueller Case
ATTENDEE CONTACT INFORMATION
SELECT TASK FORCE ON THE STUDY OF HARASSMENT IN THE WORKPLACE
20190116145604632.pdf
DEFENDANT CONCORD MANAGEMENT AND CONSULTING LLC'S REPLY IN SUPPORT OF ITS MOTION TO COMPEL DISCOVERY FROM THE UNITED STATES
DEFENDANT CONCORD MANAGEMENT AND CONSULTING LLC'S RESPONSE TO THE GOVERNMENT'S SUPPLEMENTAL BRIEF IN OPPOSITION TO DEFENDANT'S MOTION TO DISMISS THE INDICTMENT
#MeToo One Year Later: Progress in Catalyzing Change to End Workplace Harassment
#MeTooWhatNext: STRENGTHEN PROTECTIONS AGAINST WORKPLACE SEXUAL HARASSMENT
February 16-17, 2018 – Joint Regional Program:
The 5th and 11th Circuit Regional Committees joined forces to offer Fellows and guest a unique programming opportunity over President’s Day Weekend in New Orleans, LA at the historic Le Pavillon Hotel. The weekend started with a dinner at the famous Galatoire’s Restaurant on Bourbon Street. The Saturday morning program featured outgoing NLRB Chair Phil Miscimarra sharing his thoughts on the time he spent as Chair and what’s ahead for the Board. Fellows Michael Green and Rod Tanner discussed Speech Protections and Black Lives Matter in the Workplace, sharing their perspectives on how, and if, the speech of the protesting worker should be protected. Professor William Corbett, the Frank L. Maraist Professor of Law and Wex S. Malone Professor of Law at Paul Herbert Law Center, Louisiana State University, addressed recent developments in labor and employment law. Over lunch, Honorary Fellow, and recently retired 7th Circuit Court of Appeals Judge, the Honorable Richard Posner, joined us to discuss his experiences as they relate to civility in the courtroom and his new venture – a pro bono law firm benefiting pro se litigants. The day ended with a cocktail reception on the rooftop terrace of Le Pavillon.
Program Agenda
Speech Protections and Black Lives Matter in the Workplace
Through the Looking Glass - Protection of Controversial Employee Speech In and Outside the Workplace
Joint Employers, Medical Joints, and the Mark of the Beast: A Revelatory Year in Labor and Employment Law - Paper
Joint Employers, Medical Joints, and the Mark of the Beast: A Revelatory Year in Labor and Employment Law - PowerPoint
The NLRB’s New Year: Observations from the Former Chairman - Part 1
The NLRB’s New Year: Observations from the Former Chairman - Part 2
The NLRB’s New Year: Observations from the Former Chairman - Part 3
The NLRB’s New Year: Observations from the Former Chairman - Part 4
The NLRB’s New Year: Observations from the Former Chairman - Part 5
The NLRB’s New Year: Observations from the Former Chairman - Part 6
The NLRB’s New Year: Observations from the Former Chairman - Part 7
#MeToo: Navigating the New Landscape