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In the Trenches—Dispatches from Judicial, EEOC, Inhouse, Plaintiff, and Defense Experts
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When: 03/18/2016
Program: 8:00 am to 4:30 pm, Registration: 7:30 am, Cocktail Hour: 4:30 pm
Where: Capital City Club
7 John Portman Blvd NW
Atlanta, Georgia  30303
United States
Presenter: Atlanta Bar Labor & Employment Law Section and Atlanta Bar CLE
Contact: (404) 521-0781

Online registration is closed.
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8 CLE hours, including 1 Ethics, 1 Professionalism and 2 Trial Practice

Attendance Options:
Attend in person:  Register online or via the registration form
Attend the live webcast:  Register directly with Peach New Media, our self-study CLE partner, by calling (770) 805-6292 or online at You will receive “in-house” CLE credit for webcast participation.
Savings: Early Registration Discount for in-person attendance -- register by February 29, 2016 and receive a $20 discount. Use your Atlanta Bar Members-Only CLE Coupon to save an additional $75!
Registration Fees:
Labor & Employment Law Section Members: $179 early; $199 regular
Atlanta Bar members: $189 early; $209 regular
Non-members: $239 early; $259 regular
Students: FREE for Member; $15 for Non-Members

Non-members must register via the registration form

Agenda and Faculty

7:30 a.m.  Registration

7:55 a.m.  Welcome
       -  Craig Cleland, Chair, Labor & Employment Section

8:00 a.m.  Inhouse Counsel Panel—Substantive and Practical Challenges Facing Today’s Inhouse L&E Counsel
Distinguished inhouse L&E counsel talk about what’s on their minds—everything from litigation, arbitration, regulatory agencies, wage-and-hour cases, union organizing, and class-and-collective actions, to their pet peeves and how outside lawyers (plaintiff and defense) drive them crazy.
       -  Moderator: Cory Barker, AT&T Services Inc. 
       -  Michael Canaras, The Home Depot
       -  Michael Dubus, GE Energy
       -  Adrienne Rapp, NCR

9:00 a.m.  Keynote: Report from the Front Lines of Disability Discrimination and Enforcement
Although the ADA had its twenty-fifth birthday last year, the 2008 amendments spurred ever-evolving issues and lawsuits, and 37% of the EEOC’s cases filed in 2015 were disability related. Chris Kuczynski, the EEOC’s Assistant Legal Counsel in Washington, D.C., addresses significant issues facing employees and employers, including recent cases, EEOC enforcement and regulatory activity, trends in private litigation, and the future of the ADA.
       -  Christopher Kuczynski, Assistant Legal Counsel, EEOC, Washington, D.C.

10:00 a.m.  Break

10:15 a.m.  Navigating the Fair Credit Reporting Act Minefield—A Primer and Best Practices
With the explosion of Fair Credit Reporting Act (FCRA) class actions and the Supreme Court’s taking up the Spokeo case, the FCRA is at the forefront of employment law. Intended to govern the credit-reporting industry, the Act extends far beyond that, imposing multiple and technical obligations on employers with grave consequences for noncompliance. These experts ground us in the FCRA and place it in the larger data privacy and security landscape, then address best practices for avoiding and defending FCRA employment claims, all of no small interest to plaintiffs’ counsel.
       -  Ian Smith, King & Spalding LLP
       -  Barry Goheen, King & Spalding LLP
       -  Cindy Hanson, Kilpatrick Townsend & Stockton LLP

11:15 a.m.  Outside the Courthouse—Trying Your Employment Case in Arbitration
Since Concepcion and Italian Colors, more and more employment disputes are tried in mandatory individual arbitrations instead of courts. In this “Everything You Ever Wanted to Know About Employment Arbitration (But Were Afraid to Ask),” experienced arbitrator Dan Klein guides us through the strange world of employment arbitration where litigation instincts fail us and hidden obstacles abound. Focusing on discovery, rules and procedures, evidence, dispositive and other motions, and ethics and professionalism, Dan also offers tricks, traps, and tips for trying your case before an arbitrator. 
       -  Daniel Klein, Klein Dispute Resolution 

12:30 p.m.  Lunch Speaker: View from the BenchBeyond Reasonably Calculated: The Amended Federal Rules’ New Playing Field
During lunch, a distinguished jurist and judicial leader before whom many Atlanta employment lawyers appear, U.S. Magistrate Judge Alan Baverman, will share his insights on how the recent amendments to the Federal Rules of Civil Procedure are playing out, with an emphasis on practical implications for discovery, case management, and lawyers’ ethical and professional obligations, including cooperation.  
       -  The Hon. Alan Baverman, U.S. Magistrate Judge, US District Court Northern District of Georgia

1:30 p.m. — A New Frontier—Transgender Issues in the Workplace
Not easy for employees or employers to talk about, transgender issues in the workplace are on the cutting edge of employment law. These experts address the most common workplace issues that arise (e.g., customer and coworker complaints), federal agencies’ current positions on gender identity and sexual orientation as protected classes and on restroom usage, recent cases (e.g., Tovar v. Essentia Health), the EEOC’s lawsuits, the Deluxe Financial Services consent decree, state and local protections for transgender persons, the Corporate Equality Index and the Human Rights Campaign, tips for supporting the transitioning employee, the provisions of the Affordable Care Act that apply, and more. In short, there’s a lot to learn.

       -  Steven Wagner, EEOC, Trial Attorney, Atlanta District Office
       -  Kelly Hughes, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
       -  Robert Lewis, Jr., US Department of Labor Office of Solicitor   

Hot Topics Rumble (up-to-the-minute guidance from top-tier experts on two thorny areas)


2:30 p.m.  So Many Cooks in the Kitchen—Releases, Waivers, and Settlement Agreements
Several federal agencies are focused on any release language that might impede access to those agencies—the SEC Office of the Whistleblower and the Consent Order in the KBR matter, OSHA’s revision of Chapter 6 of its Investigation Manual for whistleblower cases, the EEOC’s objections to confidentiality provisions in releases in the CVS litigation, and the NLRB’s full-court press on the effect of confidentiality provisions on Section 7 rights as in Banner Health. And courts are precluding confidentiality and other provisions in settlement agreements and releases that require court approval. Whistleblower expert Meg Campbell discusses these developments and drafting agreements going forward.
       -  Margaret Campbell, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

3:00 p.m.  Challenges When Representing Clients in Georgia Restrictive-Covenants Matters
Whether drafting restrictive covenants or litigating these cases in Georgia, the employment lawyer faces some knotty issues—no substantive guidance from the State appellate courts on the 2011 statute, gaps in statutory coverage that are fraught with peril, potential constitutional challenges, unsettled law on whether Georgia courts can blue pencil or judicially modify, customer lists but not customers as trade secrets, and limited protection for confidential business information, not to mention getting paid in these fast-moving cases. Expert Benjamin Fink walks us through this thicket.
       -  Benjamin Fink, Berman Fink Van Horn P.C.


3:30 p.m.  Plaintiffs’ Counsel Panel—Perspectives on L&E Trends and Practice
Esteemed, battle-tested lawyers from the plaintiffs’ bar weigh in on L&E trends and practice from their perspectives—including trials, summary judgment, retaliation and whistleblower claims, working with agencies, internal investigations in harassment cases, wage-and-hour cases, class-and-collective actions, employee privacy, discovery disputes, defense counsel, demand letters, attorneys’ fees, and whatever else is on their minds.
       -  Moderator: Amanda Farahany, Barrett & Farahany, LLP
       -  Edward Buckley III, Buckley Beal LLP
       -  Andrew Coffman, Parks Chesin & Walbert PC


4:30 – 5:30 p.m.  Cocktail Hour (complimentary)
Co-sponsored by the State Bar of Georgia and the Atlanta Bar Association Labor & Employment Sections
Start your weekend by networking with your L&E colleagues in and at the bar.

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