EMPLOYMENT DISCRIMINATION LITIGATION - Alston & Bird LLP

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The premier employment discrimination litigation conference devoted entirely to the defense of claims, led by an unparalleled faculty of in-house counsel, federal judges, and the top outside counsel defense litigators and firms. The volume of employment discrimination litigation has greatly increased over the last few years with no signs of slowing down. The cases are complex and the stakes involved for defendants are exceptionally high. The best plaintiff attorneys are involved in these cases and the defense bar is seeing more and more class actions and collective claims. In defending and managing these complex claims, counsel for management face a distinct uphill battle. As a result of this uphill battle, there is simply no room for error in the defense of these claims. In response, American Conference Institute’s 2nd National Forum on Defending and Managing Employment Discrimination Litigation will cover such issues including: • Overly-aggressive tactics and even abusive practices by opposing counsel that have made the defense of cases significantly more expensive, adding exposure to employers • Credibility of company and management witnesses in front of the jury, and turnover in the workplace leading to key witnesses or decision makers being no longer with the employer • Jury communication and advocacy in employment discrimination cases: Humanizing the employer, and overcoming sympathy for plaintiffs and bias against companies • Varying extremes in jurisdictions (e.g. federal or state, liberal or conservative state) • Admissibility of evidence: Ensuring that evidence doesn’t overwhelm the defense’s case on the merits –“Me too,” discriminatory motive, mixed motive, witness credibility and turnover, and beyond… • A View from the Bench: Judges speak out on how to convey complexities to a court (including parameters of and changes to the law), effective theories/defenses, evidentiary approaches, statute of limitations, deciding cases early, discovery, forum shopping and more… Don’t miss the nation’s essential advanced defense forum that will shape the future of employment discrimination strategies for leading litigators and in-house counsel. Through a distinguished faculty of leading in-house counsel, the top outside defense counsel, as well as renowned jurists, this conference will provide even the most seasoned litigators with clarity and certainty with respect to today’s key issues crucial to mounting a rigorous and complete defense. And enhance your experience with the workshops: A. The Cross-Border Employment Agreements Swap: An Unparalleled Benchmarking Opportunity Tuesday, December 7, 2010; 2:00 – 5:00 P.M. B. ERISA Boot Camp for Labor & Employment Attorneys Thursday, December 9, 2010, 3:30-6:00 P.M. Register now by calling 888-224-2480, faxing your registration form to 877-927-1563 or registering online at: www.AmericanConference.com/Discrimination Who You Will Meet: In-House Counsel, including: • General Counsel • Chief Employment Counsel • Labor and Employment Counsel • Employment Litigation Counsel Outside counsel practicing in the areas of: • Labor and Employment Law • Employment Discrimination • Class Actions Global Sponsorship Opportunities With more than 500 conferences in the United States, Europe, Asia Pacific, and Latin America, American Conference Institute (ACI) provides a diverse portfolio devoted to providing business intelligence to senior decision makers who need to respond to challenges spanning various industries in the US and around the world. As a member of our sponsorship faculty, your organization will be deemed as a partner. We will work closely with your organization to create the perfect business development solution catered exclusively to the needs of your practice group, business line or corporation. For more information about this program or our global portfolio of events, please contact: Wendy Tyler Head of Sales, American Conference Institute Tel: 212-352-3220 x242 | Fax: 212-220-4281 w.tyler@americanconference.com Continuing Legal Education Credits CLE Credits Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation. ACI certifies that the activity has been approved for CLE credit by the New York State Continuing Legal Education Board in the amount of 14.0 hours. An additional 3.5 credit hours will apply to workshop A participation and 3.0 credit hours will apply to workshop B participation. ACI certifies that this activity has been approved for CLE credit by the State Bar of California in the amount of 12.0 hours. An additional 3.0 credit hours will apply to workshop A participation and 2.5 credit hours will apply to workshop B participation. You are required to bring your state bar number to complete the appropriate state forms during the conference. CLE credits are processed in 4-8 weeks after a conference is held. ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request. Questions about CLE credits for your state? Visit our online CLE Help Center at www.americanconference.com/CLE Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/Discrimination
DAY ONE: Wednesday, December 8, 2010 7:30 Registration and Continental Breakfast 8:15 Co-Chairs’ Welcoming Remarks Martha S. Doty Counsel Alston & Bird LLP Julie A. Vogelzang Partner Duane Morris LLP 8:30 In-House Management Think Tank on Containing Costs (Including ESI/E-Discovery Burdens and Attorney Fees) and Optimizing Internal Policies, Practices, and Documentation to Set Up, Control and Strengthen the Defense if Litigation Arises THINK TANK TOPICS INCLUDE David J. A. Hayes III Vice President & General Counsel Trans States Holdings, Inc. Jane Howard-Martin Assistant General Counsel Labor & Employment Toyota Motor Sales, U.S.A. Rachel L. Barack Sr. Corporate Counsel The Clorox Company Andrew Fisher Director – Legal Affairs T-Mobile USA, Inc. Moderator: Monique Gibson Attorney Bell Helicopter Steven H. Taylor Vice President Regulatory, Labor and Employment FedEx Express Lucia Padilla Senior Attorney Employment & Labor Law Group Qwest Corporation Jeffrey M. Tanenbaum Labor & Employment Practice Leader Nixon Peabody LLP The Paper Trail: Documentation For Decisions That Support the Employer’s Legitimate Non-Discriminatory Reason(s) for Action Taken • Well written and comprehensive documentation of performance issues and prior discipline - on personnel forms, mandating complete explanation of the reason or reasons for the disputed issue - ensuring records of job performance justifying termination/adverse job action - consistency and existence of internal paperwork/ documentation - using contemporaneous documents to establish the real reason for the action Other Preventive Measures to Avoid Unfavorable Facts in Litigation: Policies and Practices and Consistent Application of Policy/Practice • Taking steps and having procedures in place to reduce the risk of being sued • Educating and training workforce, supervisors, and management about anti-discrimination laws/harassment prevention and reporting and not to act on their own outside of HR or the employer’s policies/procedure • Compliance with company procedure/policy (by the employer and/or the employee) • The employer’s consistency (or lack thereof) in its decisionmaking and avoiding inconsistent application of company policy and/or practice • Thorough investigation: Having a process in place for a prompt, complete and competent investigation of the claim of discrimination before it went into litigation • Creating an administrative record that is accurate and not harmful to an employer’s position Conducting Reduction in Force That Avoid Discrimination Claims • RIF, How it’s handled: Conducting RIFs in an appropriate and thought-out manner • Making sure all descriptions of reasons for termination - beginning with responses to the agency - are consistent • Reasonable efforts to ensure nondiscrimination, including analysis to avoid disparate impact • Documenting RIF (and the selection process) appropriately Cost of Defending Cases and Legal Fees • Managing/containing legal fees • Managing the case so that defense costs do not drive the outcome • Managing outside counsel through realistic and accurate budgets • Do flat fees really exist? What alternative billing arrangements are being used successfully? Case Evaluation • Containment of defense costs by conducting an early case evaluation • Early case assessment: Whether to settle; Why (pros & cons) • The cost of the defense relative to settlement – ensuring you don’t set a precedent with regard to settling meritless claims • Examining the early settlements of unmeritorious claims simply because of high cost of defense to defeat such claims • Whether the action’s defense cost is likely to exceed the claim’s value • Whether some collateral exposure may force settlement of a meritless claim 10:30 Morning Coffee Break 10:45 State and Federal Regulation and Enforcement Activity Affecting the Employment Discrimination Landscape Leslie E. Silverman Partner Proskauer Rose LLP (former Vice Chair of the U.S. Equal Employment Opportunity Commission) Amy L. Bess Shareholder Vedder Price P.C. Congress and federal and state agencies have undergone sweeping changes under the Obama administration. The full impact of these changes remains to be seen, but employers and their counsel need to prepare for major changes to how the industry is regulated as well as to how those changes will affect the industry’s risk and litigation profile. Speakers will address the key issues currently in play, such as: • New laws, amendments to old laws, legislative intents behind the statutes, and pending bills/initiatives - The ADAAA and how it will impact on things such as defining what substantially limits one’s major life activities - Mental Health Parity - Lilly Ledbetter Act; Fair Pay Act - Employee Free Choice Act - Employment Non-Discrimination Act - GINA Register now: 888-224-2480 • fax: 877-927-1563 • AmericanConference.com/Discrimination
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EMPLOYMENT DISCRIMINATION LITIGATION - Alston & Bird LLP

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