Previous Events & CLE Programs
June 12, 2008
CLE Program
The Use of Experts in Employment Litigation
This program will focus on the use and presentation of the most commonly used experts in employment litigation, and in particular, psychological experts on the issue of emotional distress damages and economic experts on the issue of lost wages. Our panelists, which include two experienced expert witnesses, will discuss the issues practitioners should consider early on in a case when deciding whether to use an expert. They will also discuss expert discovery, and the most effective types of expert witness presentations at trial from both an employee and management perspective. Our economic expert will also discuss the use of experts in wage and hour litigation.
Click here for for complete program description.
June 10, 2008
Section Meeting
Update on the Massachusetts Commission Against Discrimination
Chairman Malcolm S. Medley, MCAD, will discuss the current status and what he envisions for the future of the MCAD.
May 28, 2008
CLE Program
Wage and Hour Issues for the Complex Workplace
Sponsors
Civil Rights & Civil Liberties Section
Labor & Employment Law Section
A significant amount of legal time has been spent analyzing and litigating equal employment law issues in the workplace, such as sexual harassment and race discrimination. Until recently, however, there has been limited focus on an employer’s duties and an employee’s rights under wage and hour laws. This program will educate practitioners on some common issues in the field.
Click here for complete program description.
May 21, 2008
Section Event
Practical Issues in Employment Litigation
Sponsors
Labor & Employment Law Section
Social Law Library
Massachusetts Lawyers Weekly
Superior Court Justices Judith Fabricant and Ralph D. Gants will dissect recent developments in G.L. C.151B employment discrimination cases.
Among the other topics addressed will be:
- Discovery of mental health records and of personnel files;
- Statutes of limitations;
- Employer liability for supervisors, Non-supervisors and independent contractors;
- Admissibility of evidence of, inter alia, conduct against third parties, stray comments, expert testimony of adequacy of employer response;
- and finances of employer;
- Jury instructions, and Application of the Non-Payment of Wage Act to Commissions.
May 6, 2008
Section Meeting
Ombudsmen to Arbitration: Perspectives on Internal Grievance Procedures
Sponsors
Labor & Employment Law Section
New Lawyers Section
Join Eileen Finan, Harvard University, Paul V. Holtzman, Krokidas & Bluestein LLP, Christopher P. Kauders, Pre-Trial Solutions, and Krista G. Pratt, Seyfarth Shaw LLP, as they discuss representing clients, from informal interviews by supervisors, Human Resources and counsel to meetings with ombudsmen and binding arbitration.
May 3, 2008
CLE Program
35th Annual Workshop for Public Sector Labor Relations Specialists
Sponsors
Labor & Employment Law Section
This annual program is designed to familiarize labor relations practitioners with current trends in collective bargaining and other issues affecting public employees.
Click here for complete program description.
April 16, 2008
Section Program
Jeffrey L. Hirsch's Review and Expert Predictions
Sponsors
Labor & Employment Law Section of the BBA
Social Law Library
Jeffrey L. Hirsch, author of Labor and Employment Law in Massachusetts reviews important recent developments in labor and employment law in Massachusetts, and discusses where the law is heading in such critical areas as:
- the Employee Free Choice Act and potential landmark changes in union organizing
- the NLRB's proposed foray into "consent elections" without any showing of interest
- possible new protected classes
- the internet and e-mail technology's impact on topics ranging from union organizing and concerted activity to sexual harrassment
- camera phone technology's effect on workplace privacy
April 9, 2008
CLE Program
Surviving the Noncompete Surge
Sponsors
Labor & Employment Law Section
Litigation Section
Over the past three years, the number of noncompete lawsuits has increased by 43%; over the past decade, the number has nearly doubled. To stay competitive, employers in today’s knowledge economy have to find the best talent to succeed, and then keep their rivals from luring that talent away. As a result, more companies are finding themselves embroiled in noncompete litigation. And today’s courts are scrutinizing noncompete agreements more closely than ever.
The lawyers advising these companies have to know how the litigation will play out in Massachusetts courts. Our panel of noncompete experts will help you steer your clients around the many landmines in this fast-moving, fast-changing area of law. Hear from two practitioners who have handled hundreds of these cases between them; a general counsel with the in-house, real-world view of noncompetes; and the judge who presided over more noncompete litigation than any other Massachusetts jurist.
Click here for complete program description
March 26, 2008
Section Meeting
Home office, Shared office: Operations, Ethics and Tax Consequences
Sponsors
Solo & Small Firm Section
Criminal Law Section
Labor & Employment Law Section
New Lawyers Section
Don Lassman, Connie Rudnick, and Morris Robinson, will discuss how to deal with practical issues related to establishing a practice in a home office, a shared office, and ethical issues related to sharing an office with unaffiliated attorneys. Mr. Robinson will then discuss tax considerations of practicing in a home office and shared office space, issues related to choice of entity, and calculating tax liabilities and estimated tax payments associated with being a solo practitioner or partner.
March 13, 2008
Section Meeting
Transgender People and The Law: What Every Lawyer Should Know
Sponsors
Civil Rights & Civil Liberties Section
Labor & Employment Section
Massachusetts Transgender Political Coalition
Massachusetts Lesbian and Gay Bar Association
Gay & Lesbian Advocates & Defenders
Join us as panelists discuss the legal landscape generally with regards to representation of transgender persons, including a discussion of specific case examples as well as legislation affecting transgender persons. The panel will be moderated by Laurie Carafone, Dwyer & Collora, LLP.
Panelists:
This program is Co-chaired by Laurie Carafone and Bennett Klein.
March 12, 2008
CLE Program
Litigating and Winning Employment Discrimination Cases
Sponsored by:
Labor & Employment Law Section
New Lawyers Section
Corporate Counsel Committee
Massachusetts Bar Association
This program will present the nuts and bolts of litigating an employment discrimination case. Expert panelists, divided into three distinct panels, will take attendees step-by-step from pre-complaint strategy and pleadings, discovery and dispositive motions to all aspects of trial through closing arguments.
This is an invaluable program—providing both strategic insight and practical guidance for anyone interested in employment litigation.
Click here for complete program description.
March 6, 2008
Section Event
Social Event - Elephant & Castle
Sponsors
Labor & Employment Law Section
New Lawyers Section
Come mingle with your colleagues after work in the relaxed atmosphere of this British pub. Appetizers will be served.
March 4, 2008
Section Meeting
What's New with the Family and Medical Leave Act
What's new with the Family and Medical Leave Act (FMLA)? After 15 years, Congress has expanded the FMLA to provide leave for members of the Armed Services and their families; the Department of Labor is proposing significant changes to the FMLA regulations; and the U.S. Supreme Court is considering whether FMLA waivers are enforceable.
Join Nina Joan Kimball, Kimball Brousseau LLP, for a discussion on:
- Two new types of Service member leave,
- What you need to do to update your leave policies, and
- High points of the DOL 's 125 pages of proposed regulations.
This program will also address how the FMLA can be used to combat an emerging area of discrimination law, Family Responsibility Discrimination, which is the subject of the EEOC's 2007 Caregiver Guidance.
February 5, 2008
Section Meeting
The Tax Aspects of Employment Cases
Tangled in tax? Come learn about the myriad of tax issues in employment law cases from Rob Webb, Nutter McClennen & Fish LLP, and Patricia Metzer, Vacovec, Mayotte & Singer. The focus of the program will not only be on the tax treatment of settlement awards, but also strategic issues such as drafting complaints to yield beneficial tax treatment, 409A related issues and other important tax considerations for employment litigators on both sides.
January 29, 2008
CLE Program
Labor Law Basics
Sponsored by: Labor & Employment Law Section
This program is designed for attorneys new to labor law, who wish to develop a labor practice or advise clients facing labor issues.
The panel of experienced practitioners will provide an overview of the relevant federal and state statutes and will culminate with audience participation in the analysis of a hypothetical union grievance, challenging an employer’s decision to discipline an employee.
Click here for complete program description
January 7, 2008
Section Meeting
The EEOC's New Guidance: Unlawful Disparate Treatment of Workers with Caregiving Responsibilities
R. Liliana Palacios-Baldwin, Senior Trial Attorney at the EEOC, will provide an overview of the new guidance to determine discrimination against persons with caregiving responsibilities.
According to the EEOC, changing workplace demographics such as women’s increased participation in the labor force have created the potential for greater discrimination against working parents and others with caregiving responsibilities. In May of 2007 the EEOC issued a new guidance intended to assist employers, employees, and Commission staff in determining whether discrimination against persons with caregiving responsibilities constitutes unlawful disparate treatment under federal EEO.
Come learn about this new guidance, the circumstances when discrimination against a caretaker can violate federal anti-discrimination laws and how to prevent discrimination against caretakers in the workplace.
December 4, 2007
Section Meeting
New Massachusetts Data Security Breach Law: What Employers & Their Counsel Need to Know
State Representative Marty Walz from Littler Mendelson P.C. and Becca Rausch from Krokidas & Bluestein LLPwill describe the obligations the new Massachusetts Data Security Breach Law imposes on employers. They will also discuss how the laws in other states affect Massachusetts employers.
Effective October 31, 2007, every employer in Massachusetts must provide notice to current employees, former employees, and applicants whose “personal information” has been disclosed improperly. Notice must also be given to the Attorney General and the Office of Consumer Affairs. Effective February 3, 2008, employers will be required to dispose of documents and electronic data that contain Massachusetts’ residents’ “personal information” in a specific manner.
Moderated by:
Sharen Litwin, Kotin, Crabtree & Strong, LLP
November 9, 2007
Section Meeting
Approaches to Billing How and When to Banish the Billable Hour -
Sponsors
Solo & Small Firm Section
Labor & Employment Law Section
Jay Shepherd, Shepherd Law Group, and Nina Kimball, Kimball Brousseau LLP, will discuss different approaches to billing, including how and when to banish the billable hour.
Mr. Shepherd is the principal of Shepherd Law Group, a small management-side employment law firm that has abandoned hourly billing for “Up-Front Pricing.” The firm’s approach to billing was recently featured in the Boston Globe. Nina Kimball is founding partner of Kimball Brousseau LLP, where she represents employers and employees in a wide range of employment matters.
November 6, 2007
Section Meeting
Tips For Maximizing Results and Client Satisfaction in Mediation
As most disputes in litigation are mediated, your skills in this forum are essential. Join us as we discuss issues including: selecting a neutral; managing client expectations; and negotiation strategies. Panel will also discuss effective strategies in collective bargaining mediation.
Panelists include:
October 3, 2007
Section Event
Open House & Reception
Please join the Labor & Employment Law Section as we kick-off the 2007-2008 program year with our annual Open House & Reception. This year we are pleased to present a distinguished panel to address a very important topic:
Achieving Real Diversity in the Legal Profession: Meet the Experts and Learn Best Practices
The evening begins with a panel of experts who have focused on achieving diversity and equality in our profession. They will share their insights and discuss best practices to accomplish diversity in the law. The forum is followed by a reception at which Section members and friends can make new contacts and enjoy the company of long-time colleagues.
Diversity Panel:
Brent L. Henry
General Counsel
Partners HealthCare System, Inc.
Marguerite Fletcher Ingram
Attorney & Diversity Consultant
Vernã Myers Consulting Group, LLC
Judge Angela M. Ordonez
Associate Justice
Probate & Family Court
Lauren Stiller Rikleen
Senior Partner, Bowditch and Dewey, LLP
Executive Director of the Bowditch Institute for Women's Success, and Author of "Ending the Gauntlet: Removing Barriers to Women's Success in the Law"
We hope you can join us for this informative and social evening!
October 2, 2007
Section Meeting
Chief of Fair Labor Division to Discuss Wage & Hour Issues
Joanne F. Goldstein, Chief, Fair Labor Division, and Jocelyn Jones, Deputy Chief of Fair Labor, will discuss the enforcement of the state independent contractor law and employee classifications. They will also field your burning wage and hour related questions under the statutes enforced by the Attorney General.
September 19, 2007
Section Meeting
Avoiding Employment Discrimination Claims In an Era of the Aging & Health-Impaired Workforce
Sponsors
Corporate Counsel Committee
Insurance Law Committee
Banking & Financial Services Committee
Labor & Employment Law Section
Chris Kauders, mediator/arbitrator with Pretrial Solutions, and Pam Smith, an attorney with more than twenty years experience as in-house counsel with two Fortune 500 companies and a major university, will discuss the explosion in disability discrimination claims due to an aging and less healthy workforce which often results from management’s lack of awareness and training. Too often, employers assume managers know the right thing to do; unfortunately, oftentimes they do not. The manager’s ignorance will be no excuse under the law for the employer. The solution: some simple and cost-effective steps that employers can take to avoid litigation which our speakers will share with us.
July 11, 2007
Labor & Employment Law Diversity Committee
Successful Strategies for Achieving and Maintaining a Diverse Workforce
Sponsored by the Employment Law Section Diversity Committee & the BBA Diversity Committee
This interactive roundtable discussion will feature local experts who will share their perspectives on how to improve law firm diversity.
FEATURED TOPICS:
- Elements of effective mentoring programs;
- How best to improve attorney retention with robust professional development programming;
- The benefits received by participation in external professional activities;
- Effective strategies for promoting engagement with outside professional groups; and
- Effective strategies for recruitment of diverse attorneys
MODERATOR:
- David Hall, Professor of Law, Northeastern University School of Law
FEATURED PANELISTS:
- Marijane Benner Browne, Director, Lateral Partner Recruiting and Integration, Goodwin Procter LLP
BBA EMPLOYMENT SECTION DIVERSITY COMMITTEE CO-CHAIRS:
June 27, 2007
CLE Program
High Tech Monitoring and Workplace Privacy: Spotlight on Labor & Employment Law
Sponsors
Labor & Employment Law Section
Civil Rights & Civil Liberties Section
Business Law Section
Current technological advances have provided employers with new surveillance tools to monitor employee activities and use of company resources while at work. This program will discuss the rights of employers and employees in this new environment, as well as the areas of the law that provide the possibility for privacy protection.
June 26, 2007
Section Meeting
Does Massachusetts Need the Uniform Trade Secrets Act?
Jerry Cohen and Stephen Y. Chow of Burns & Levinson LLP will review the importance of trade secrets in the current intellectual property environment. They will also discuss the pending (Massachusetts) H. 1585 to enact the Uniform Trade Secrets Act. Share your ideas and join us for this informative presentation.
June 5, 2007
Section Meeting
Domestic Violence Issues in the Workplace
Join as we discuss how domestic violence in the workplace impacts employees and employers and the potential benefits of domestic violence policies in the workplace. Specifically, we will discuss:
- Should employers require employees with restraining orders to disclose them, and if employees do, can they be fired?
- What, if any, statutory protection do employees experiencing violence at home have (Small Necessities Act, FMLA, etc.)?
- What legislation has been passed in other states to address domestic violence in the workplace?
Panelists include:
May 12 , 2007
CLE Program
34th Annual Workshop for Public Sector Labor Relations Specialists
This annual program is designed to familiarize labor relations practitioners with current trends in collective bargaining and other issues affecting public employees.
Click here for complete program description
May 1 , 2007
Section Meeting
Current Topics in Labor Law
An experienced panel of labor law practitioners—two from the union-side and two who represent management—will discuss current topics in labor law. Included in the discussion will be the NLRB’s recent decision regarding supervisors, Oakwood Healthcare, Inc., and its likely legal and practical effects going forward. The panel will also discuss the Employee Free Choice Act, proposed legislation that has passed the House of Representatives and was recently introduced in the Senate, and neutrality agreements and card check recognition.
Panelists include:
- Patrick Bryant, Sandulli Grace, P.C.
- Alfred Gordon, Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C.
- William E. Hannum, III, Schwartz Hannum PC
- Robert H. Morsilli, Jackson Lewis LLP
Moderators:
April 3, 2007
Section Meeting
Tips From Experienced Employment Litigators
Sponsors
Labor & Employment Law Section
New Lawyers Section
Please join our panel of experienced employment lawyers for a lively discussion on best practices for litigating employment cases. Topics to be discussed include:
- Tips for evaluating cases
- Making the most out of discovery
- Pros and cons of suing individuals
- Dealing with emotional distress claims
- How to effectively use experts
- Settlement “do’s and don’ts”
Panelists include:
- Jeffrey S. Brody, Jackson Lewis LLP
- Justine H. Brousseau, Kimball Brousseau LLP
- Jean A. Musiker, Sugarman, Rogers, Barshak & Cohen, P.C.
- Rebecca G. Pontikes, Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C.
- Diane M. Saunders, Morgan, Brown & Joy, LLP
- James S. Weliky, Messing, Rudavsky & Weliky, P.C.
Moderator:
Valerie C. Samuels, Posternak Blankstein & Lund LLP
March 16, 2007
CLE Program
Handling Retaliation Cases - The Cutting Edge
Join some of Massachusetts’ leading employment lawyers as they help practitioners learn about some of the cutting edge issues in the growing area of retaliation claims. After the seminar, attendees will understand the current state of the law, how various state and federal laws differ, differences in claims under various statutory schemes, how to establish the claim, and what defenses are effective. Panelists will also discuss how in-house counsel view these claims and what preventive measures are effective and practical from an organizational standpoint.
Click here for complete program description
March 16, 2007
Section Meeting
A View to Guantanamo
Sponsors
Civil Rights & Civil Liberties Section
Delivery of Legal Services Section
Labor & Employment Section
Ellen Lubell and Doris Tennant of Tennant Lubell, LLC, having recently returned from visiting their client in Guantanamo Bay, will discuss the challenges - both legal and personal - of representing a detainee.
March 6, 2007
Section Meeting
Taking Advantage of Pre-Litigation Opportunities: Drafting and Responding to Demand Letters
Sponsors
Labor & Employment Law Section
New Lawyers Section
Please join us for a panel discussion regarding best practices in writing and responding to demand letters. Specifically, we will discuss:
- how to get the most out of writing a demand letter
- how to respond effectively to a demand letter
- the ethics of puffing and bluffing
- do’s and don’ts from our panel of experienced employment litigators
Panel members include:
Moderator:
February 8, 2007
CLE Program
Labor Law Issues in the Health Care Arena
Sponsors
Health Law Section
Labor & Employment Law Section
The labor environment in the health care industry has become a highly visible and important topic in recent months. In a relatively short time, the industry has seen a number of high profile strikes and threatened-strikes, contract negotiations, and vigorous organizing activity. Many health care lawyers within the industry are rather quickly finding themselves in the midst of the unfamiliar territory of labor law. Simultaneously, long-time labor law practitioners are facing familiar issues, but in the context of a new industry setting that brings its own unique set of concerns.
This program will help both health care and labor lawyers navigate this new environment. Attendees will hear a panel of leading experts from both health care management (including in-house and outside counsel) and labor explain the issues that are driving this dramatic increase in activity.
Click here for complete program description.
February 8, 2007
Section Meeting
Roundtable Discussion with Prevailing Wage Specialists from DCS
Sponsors
Immigration Law Committee
New Lawyers Section
Labor & Employment Law Section
John Lalumiere and William Berke, Prevailing Wage Specialists for the Division of Career Services Commonwealth of Massachusetts will discuss:
- rocedures to submit additional evidence or employer wage surveys
- the standards for reviewing whether a survey will be accepted
- how and when the employer’s requirements for experience, special skills, education, a foreign language, or supervisory duties will affect the wage level
Mr. Lalumiere and Mr. Berke determine prevailing wages for employers hiring foreign nationals under the H-1B, H-2B and Labor Certification Programs. You are invited to bring your questions, but priority will be given questions emailed in advance to Steve Clark, Immigration Committee Co-Chair, to sclark@flynnclark.com. Please use the subject heading: BBA PW.
February 6, 2007
Section Meeting
Collaborative law: Client-Centered Settlements
Collaborative Law is a client-centered solution-oriented approach for resolving legal disputes without litigation. Learn how this cutting-edge international practice movement can help clients settle employment cases where litigation should be avoided altogether.
Panelists include:
Moderator:
January 11, 2007
Section Meeting
Visa Options for Artists, Entertainers and Athletes
**This meeting is so-sponsored with the Arts, Entertainment &
Sports Law Committee, Immigration Law Committee and New Lawyers Section **
Eileen Morrison of Law Office of Eileen Morrison will discuss how immigration counsel help foreign artists, entertainers and athletes become certified to work in the United States. Since these professions do not generally work forty hour weeks and frequently work independently of an employer who might otherwise sponsor them, counsel often must seek tools beyond the customary labor certification and H-1B visa. Specifically, she will discuss:
- O-1s for the extraordinary
- Ps for the internationally recognized
- H-2B for the truly temporary gigs
- Schedule A Labor Certifications for Performing Artists
- Self-Sponsoring for permanent residence
January 2, 2007
Section Meeting
Meet the EEOC Legal Staff
Markus Penzel and Arnold Lizana of the EEOC will describe how the agency decides which cases to bring to litigation and will discuss a number of pending cases and the agency’s approach to litigation. There will be ample time for Q&A on virtually any topic requested by the attendees.
December 6, 2006
Section Meeting
On Mediating Ethically: Are there Professional Standards in Negotiation?
**This meeting is co-sponsored with the ADR Committee of the Litigation Section**
Join us for a panel presentation and informal group discussion focusing on mediation and negotiation ethics. Our panelists will help to frame and address such issues as:
- When is it OK to bluff the mediator and the other side?
- Do hardball tactics get clients what they want?
- When do the interests of counsel and clients conflict?
- What are the ground rules for pre-hearing contact with the mediator?
- Do the Model Rules of Professional Conduct apply in mediations?
Panelists:
Moderator: Bette J. Roth, Mediator & Arbitrator
December 5, 2006
Section Meeting
Tax Implications of Severance and Separation Agreements
Patricia Ann Metzer of Vacovec, Mayotte & Singer, LLP will discuss the identifying and addressing of 409A issues in severance and separation agreements as well as the status of the Murphy v. Internal Revenue Service decision. This program will include a question and answer period.
November 28, 2006
CLE Program
Making and Breaking Severance and Settlement Agreements
This program will provide attendees with an update on recent developments affecting the terms and enforceability of severance/settlement agreements. Panelists will review these significant changes, as well as provide guidance on how to avoid pitfalls in this new environment.
Click here for full program description
November 2, 2006
Committee Meeting
Striving for a Diversified Workplace: Recruiting and Retention Issues
Panelists will provide tools for you and your clients to attract and retain qualified diverse employees, while creating an inclusive environment. They will also discuss the benefits and challenges of recruitment and retention, while offering comprehensive diversity strategies for major corporations, small businesses and law firms of all sizes.
Panelists:
October 3, 2006
Committee Meeting
E-mail Communications On the Job: Privileged or Property of the Employer?
A recent Superior Court decision, National Economic Research Associates, Inc., et al. v. Evans, et al., (Gants, J.), merits attention by legal counsel for employers as well as employees in this era of fast and furious e-mail communications. The Court found that e-mail conversations between an employee and his lawyer, conducted via the employee's private, web-based e-mail account but from a company-issued computer, were protected by the attorney-client privilege.
If you have not already read the Evans decision, please read it and come prepared to discuss it with your colleagues. This luncheon program will provide you with an opportunity to discuss the various issues raised in Evans, share thoughts and ideas on how the decision might impact the advice you are giving your clients, or just pick up a few practice tips.
Come and join us for what could be a lively discussion!
September 20, 2006
Section Event
Open House
Please join the Labor & Employment Law Section as we kick-off the 2006-2007 program year with our annual Open House.
The evening begins with a judicial forum featuring distinguished judges from the Federal and State Courts. The judges will share their experiences and views on employment law topics as well as general litigation issues. The forum is followed by a reception at which Section members and friends can make new contacts and enjoy the company of long-time colleagues.
Judicial Panel:
Hon. Richard G. Stearns
District Court for the District of Massachusetts
Hon. Peter M. Lauriat
Associate Justice for the Massachusetts Superior Court
Hon. Margaret R. Hinkle
Associate Justice for the Massachusetts Superior Court
We hope you can join us for this informative, social evening!
September 19, 2006
Section Meeting
H-1B Audits: DOL’s Perspective and Impact on Practice
**This meeting is co-sponsored with the Corporate Counsel Committee and Immigration Law Committee**
Patricia Slate, Regional Enforcement Coordinator of the Department of Labor, Wage and Hour Division, will discuss the DOL’s procedures for H-1b audits.
Steven A. Clark, shareholder at Flynn & Clark, P.C. and Past President of the American Immigration Lawyers Association, will comment on the role of the attorney in the audit and the impact of audits on case preparation.
September 5, 2006
Section Meeting
A Conversation with Martin Ebel, MCAD General Counsel
Martin Ebel , General Counsel for the Massachusetts Commission Against Discrimination, will discuss his agenda and issues facing the MCAD. This is a great opportunity for the employment law community to meet Mr. Ebel and ask questions.
June 8, 2006
CLE Program
Spotlight on Employment Law: Cutting Edge Issues in Litigation
Sponsored by BBA Labor & Employment Section, in conjunction with the Massachusetts Lesbian & Gay Bar Association.
Full program description
This timely program will explore critical topics in employment law beginning to surface around the nation. It will address cutting edges issues currently the subject of widespread litigation, and provide you with skills and substantive knowledge to help you best advise your clients (both employees and employers).
June 5, 2006
Section Meeting
Understanding and Implementing the Massachusetts Health Care Reform Law
Co-sponsors: Health Law Section and Corporate Counsel Committee
Christie L. Hager, Chief Health Counsel to Speaker of the House of Representatives, Salvatore F. DiMasi; and State Representative Martha M. Walz, also of Littler Mendelson P.C., will discuss how the new health care law impacts individuals and employers.
May 6, 2006
CLE Program
33rd Annual Workshop for Public Sector Labor Relations Specialists
Full program description
This annual program is designed to familiarize labor relations practitioners with current trends in collective bargaining and other issues affecting public employees.
April 26, 2006
CLE Program
Winning Damages Claims in Employment Litigation
Full program description
Learn how to prove and defend damages in employment cases with the use of expert witnesses. This practical program will take you step-by-step through the analysis from the perspectives of experienced employment attorneys, a hearing officer and expert witnesses. You will gain insight into how to decide whether an expert witness will be beneficial; prepare for and conduct the deposition; and utilize the transcript of the deposition at trial.
April 11, 2006
Section Meeting
Success in Mediation: Timing Strategies and Other Insights
Join us for a panel presentation and informal group discussion focusing on mediation. Our panelists will help to answer such questions as:
- When in the litigation process should the mediation take place?
- Will cost-savings come at the expense of “better results?”
- When is there enough information to settle, or is additional investment in discovery necessary?
- Are settlement “windows of opportunity” linked to motion practice or various stages in discovery?
- How does timing impact the client?
Panelists:
Moderator:
April 4, 2006
CLE Program
Understanding and Implementing New Internal Revenue Code Section 409A
Full Program Description
Section 409A is a sweeping statute requiring extensive changes to all deferred compensation arrangements, equity grant programs and even employment and severance agreements. This program will provide you with an overview of the Section 409A requirements as well as an in-depth examination of its far-reaching impact.
April 4, 2006
Section Meeting
The Pros and Cons of Arbitration Agreements in the Employment Context
Katherine J. Michon of Shilepsky O’Connell Casey Hartley Michon Yelen LLP and Robert H. Morsilli of Jackson Lewis LLP will discuss the pros and cons associated with the implementation and utilization of arbitration agreements from both the employee and employer perspective.
March 23, 2006
Section Meeting
The Do's and Don'ts About Litigating Cases Before the MCAD
Co-sponsored with the New Lawyers Section
Join us for a panel discussion on practice and procedure before the Massachusetts Commission Against Discrimination (MCAD).
Panelists to include:
- Sunila Thomas-George, supervising attorney of the Attorney Assisted Unit at the MCAD
- Eugenia Guastaferri, an MCAD Hearing Officer
- Harold Lichten, Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C.
- Jean A. Musiker, Sugarman, Rogers, Barshak & Cohen, P.C.
March 7, 2006
Section Meeting
Transgender/ Transsexual Discrimination in the Workplace -
Our speaker, a multi-gendered lawyer with over 20 years of experience in labor and employment law, will address not only the legal issues in connection with this topic, but some of the intertwined policy and personal issues as well.
February 7, 2006
Section Meeting
EPL Insurance for the Employment Law Practitioner
Join us for a panel discussion focusing on underwriting issues relating to EPL Insurance, basic coverages provided and common areas o f dispute between Insured and Insurer.
Panelists:
January 3, 2006
Section Meeting
MCAD Objectives for 2006
Join us for a lively discussion of the objectives of the Massachusetts Commission Against Discrimination in the new year. The panel will also examine:
- The Do’s and Don’ts of preparing a persuasive charge of discrimination complaint and/or position statement;
- Emotional distress damages after Stonehill College v. MCAD; and
- Statistical trends in recent MCAD cases
Panelists will include:
- John Lozada, Chief of Enforcement at MCAD,
- Carolyn Packard, Acting Supervisor for Enforcement Unit I;
- Betty Waxman, MCAD Hearing Officer; and
- Staff attorney TBA.
The program will be followed by a brief Q&A session.
December 6, 2005
Section Meeting
Drafting and Negotiating Executive Employment Agreements
Anthony D. Rizzotti, Partner at Ropes & Gray LLP and Nancy S. Shilepsky, Partner at Shilepsky O'Connell Casey Hartley Michon Yelen LLPwill address the fundamental concerns and issues from the perspective of both the employer and the executive when drafting employment agreements. They will also review the key terms from both sides' perspective and give an overview of recent developments in other areas of the law that may affect your client's rights and responsibilities.
November 17, 2005
Section Meeting
Criminal Offender Record Information and Prospects for Reform
In Massachusetts, employers often seek Criminal Offender Record Information (CORI) in evaluating potential employees. What restrictions exist on an employer's right to obtain such information? Does the CORI system strike the right balance between the right to know and the public interest in the rehabilitation of ex-offenders?
Ernest (Tony) Winsor, of the CORI Project of the Massachusetts Law Reform Institute, will discuss the CORI system and possible improvements, including pending legislation supported by the CORI Project. There will be written materials available and time for questions.
Meeting Materials
November 9, 2005
CLE Program
Labor Law Basics
Full Program Description
Sponsor:
BBA Labor and Employment Section
Massachusetts Bar Association
This program is designed for attorneys new to labor law, who wish to develop a labor practice or advise clients facing labor issues.
The panel of experienced practitioners will provide an overview of the relevant federal and state statutes and will culminate with audience participation in the analysis of a hypothetical union grievance, challenging an employer’s decision to discipline an employee.
November 1, 2005
Section Meeting
What Employment Lawyers Need to Know about ERISA
Mala M. Rafik, of Rosenfeld & Rafik, P.C. and Samuel Berk, Attorney at Law, will discuss the types of ERISA issues that employment lawyers ought to flag as well as the claims that they are most likely to encounter. They will cover how to handle the internal appeal in a denial of private long term disability benefits under an employee benefits plan that is covered by ERISA, including:
- What records and reports need to be obtained
- The key plan provisions to review
- The need for independent medical exams and vocational experts
- The importance of affidavits and/or deposition testimony
- The need to present relevant medical literature
- The structure of and the importance of the appeal document
- The need for and the type of follow-up after submitting the appeal document.
October 28, 2005
Section Meeting
Employee or Independent Contractor? Reviewing the 2004 Amendments to the State Independent Contractor Statue
Daniel S. Field, Morgan, Brown & Joy, LLP and Christine J. Wichers, Choate Hall & Stewart LLP will review the 2004 amendments to the Massachusetts Independent Contractor statue and examine their effect on employers’ ability to designate a worker as independent contractor under various labor and employment laws.
Meeting Materials
October 27, 2005
Labor Law Conference
33rd Annual NLRB -- U.S. Department of Labor Labor Law Conference
Suffolk University Law School
120 Tremont Street, Boston
This program is co-sponsored by the Department of Labor, the National Labor Relations Board and the Boston Bar Association.
For more information, click here.
September 28, 2005
Section Open House
Labor & Employment Law Open House
Please join us for a judicial forum with practical advice from three judges from the Superior Court bench. They will focus on issues relevant to Labor & Employment Lawyers. All members of the Labor and Employment Section and anyone interested in the Labor & Employment Law Section are encouraged to attend this well-attended annual kick off event!
Judicial Panel:
Honorable Paul E. Troy
Honorable Margaret R. Hinkle
Honorable Janet L. Sanders
Moderator:
Anthony D. Rizzotti, Esq.
Ropes & Gray LLP
September 6, 2005
Section Meeting
Demystifying Practice and Procedure at the EEOC
Markus L. Penzel, Senior Trial Attorney for the EEOC’s Boston Area Office will address pragmatic questions relating to practice and procedure at the EEOC.
Topics to be covered:
- Why should you file your claim at the EEOC instead of the MCAD?
- How are charges processed in the Boston office?
- When does the EEOC defer to the MCAD?
- How does the EEOC decide whether to bring a “pattern and practice” class action?
- What is the EEOC’s voluntary mediation process like?
|
