The Ins and Outs of Mediating an Employment Case

02/12/2015 - 12:30PM to 1:30PM
This program will feature a lively and interactive panel discussion on the ins and outs of mediating employment disputes. Our speakers will provide the plaintiff's, defense, and mediator's perspectives on what makes employment cases well-suited to mediation, what the right time to mediate an employment case, how to prepare an employment case for mediation, and how counsel should approach mediation to reach the best outcome for their clients....
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Investigations and Privilege

02/11/2015 - 12:30PM to 1:30PM
This program will discuss the attorney-client privilege, the attorney work-product doctrine, and the common interest doctrine in the context of internal investigations at colleges and universities....
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CLE - Protecting Your Practice from the Unexpected

01/29/2015 - 3:00PM to 7:00PM
Learn how to protect you and your practice. Whether you’re just starting out or celebrating 25 years helping clients, if you’re a small firm or solo practitioner, an event that interrupts your practice could put an end to it if you don’t have a plan in place....
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Employment Law Issues Related to Ebola and Other Pandemics

12/08/2014 - 12:30PM to 1:30PM
Our panelists will discuss what steps employers can and should take to be prepared for a pandemic, and how to protect their employees and clients, without running afoul of discrimination, privacy, wage and hour, and other employment laws....
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CLE - Criminal Law & Employment Issues: Are You In The Know?

Crimes invading the workplace may present the biggest risks for your clients. Are you prepared for handling crimes against the person, financial crimes, subpoenas, and dealing with accusations of criminal off site conduct? ...
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CLE - The Supremes: Review of 2014 Employment Cases

Be up-to-date on the U.S. Supreme Court and the SJC employment decisions from the 2013-14 term. Learn how these decisions will impact the advice you provide your clients....
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CLE - Employment Law Basics: What Every Lawyer Should Know

Get the inside scoop on what every employment law attorney should know. Our panel will discuss the life cycle of the employment relationship and the laws that effect it....
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6th Annual Symposium on Employee Non-Compete Agreements, Confidential Information, and the Uniform Trade Secrets Act

It has been argued that employee non-compete agreements (NCA’s), in addition to being unfair, have hurt innovation and enterprise creation in Massachusetts. Advocates for the status quo insist that the NCA’s are strictly scrutinized and necessary for the protection of confidential information of employers. The 188th General Court Senate overwhelmingly approved an economic development bill that included both a BBA-tweaked version of the 48-states-adopted Uniform Trade Secrets Act and a compromise mechanism to discourage overreaching employee NCA’s. These provisions were “held in conference.” In the BBA’s sixth summer symposium on these issues, legislators, administrators and lawyers advocating or advising on reform will provide an overview of recent developments and issues going forward. Arguments will be made for the status quo. There will be opportunity for attendee questions and presentation of views. ...
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Background Checks: The Impact of Criminal Cases and DCF Records on Job Applicants

06/23/2014 - 12:30 PM to 01:30 PM
Obtaining employment can often be a difficult and distressing process. This process has become more concerning for job applicants, as employers increasingly rely on records from commercial background check companies and the Department of Children and Family Services (DCF) to evaluate candidates. A disposition in a criminal case or an investigation by DCF - even those with favorable outcomes- may become a barrier to employment for many individuals. It is increasingly important for attorneys representing clients, particularly indigent clients, in criminal cases or care and protection cases to understand the impact cases may have on clients' employment prospects. This program will discuss how records may be available to employers to evaluate job applicants, and what advice attorneys can provide to clients about the impact of criminal or C&P cases on future job applications....
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CLE - Whistleblowers: A Practical Discussion of How to Respond to Claims and Address Risks

In this CLE, we will provide an overview of whistleblower programs, key developments in applicable laws, how to develop an appropriate response to whistleblower claims, and steps that employers can take to address whistleblower risks....
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CLE - Bench Meets Bar: Discovery Issues In Employment Cases

This roundtable discussion will focus on discovery issues in employment cases, including cases alleging discrimination, misappropriation of trade secrets, retaliation, and constructive discharge. Judges on the panel will provide insight on how discovery issues have unfolded in cases before them and affected their decisions, while plaintiff- and management-side practitioners will offer their perspectives....
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CLE - 41st 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....
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Causation After Nassar

04/29/2014 - 12:30 PM to 01:30 PM
We will discuss the implications of the Supreme Court's recent Nassar decision -- including its potential impact on summary judgment motions in federal court; the interpretation of other retaliation provisions; and what it says (or doesn't say) about the vibrancy of Title VII in the Roberts Court era....
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Protecting Trade Secrets in the Age of Social Media

04/17/2014 - 12:00 PM to 01:00 PM
While most employers today have implemented social media policies that govern such things as if and when employees may access social media during the workday and appropriate uses thereof, but many companies fall short in protecting their trade secrets and customer relationships or goodwill. Employees, especially younger ones, may unwittingly put their employers at risk simply by connecting with customers and/or vendors on LinkedIn, or by boasting about their latest achievements on Facebook or Twitter. Or they may be using social media intentionally to solicit customers or employees after termination. This program will address how employers can recognize and mitigate these risks without overreaching and subjecting themselves to liability. ...
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Introduction to the Massachusetts Wage Act and Recent Developments

04/11/2014 - 12:00PM to 01:00PM
Read on its own, the Wage Act is dense and difficult to understand. This has forced courts to delineate its boundaries through litigation. The trend has been pro-employee, with increasingly broad application of the act. Coupled with a fairly recent (2008) amendment making treble damages mandatory, this trend has substantially increased litigation in the area. This increase, and potentially dire consequences of misinterpretation or ignorance of the Wage Act, means that familiarity with the law is increasingly necessary for attorneys in a wide range of practice areas. This presentation is intended to give a brief overview of some of those contours of the Wage Act, as well as to explain some of the recent developments and trends regarding the Wage Act’s interpretation....
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Bargaining, Race, and Globalization: How Baseball and Other Sports Mirror Collective Bargaining, Law and Life

04/07/2014 - 05:00 PM to 07:30 PM
Baseball, sparked by Jackie Robinson and his audacious bid to break the twentieth century color bar, was important in diminishing racial barriers in the United States, notwithstanding the unwritten quota which limited black participation in the game to only the most outstanding black American players until the 1970s. The game became truly desegregated toward the end of the 1970s until the past decade or two when the number of black players began to decline appreciably. The factors for this decline are numerous, but some of them can be effectively addressed by the NCAA by establishing parity between athletic scholarships available in the revenue-producing sports like football and basketball, and baseball. Globalization has been a factor in black American decline, and has been relied upon by MLB as it pursues new markets and revenue and labor sources, which have been more inexpensive than the American player pool....
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CLE - Hot Topics in Trade Secrets and Restrictive Covenants

Representatives from the bench and bar will discuss the latest developments in the law of trade secrets and restrictive covenants in Massachusetts, including the implications of pending legislation that would adopt the Uniform Trade Secrets Act and create statutory standards for restrictive covenants in Massachusetts....
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Avoiding the Top Employment Law Mistakes by Non-Profits

03/06/2014 - 03:00 PM to 05:30 PM
The Boston Bar Association Labor and Employment Section is pleased to invite you to participate in a significant new pro bono employment law project. The BBA’s Pro Bono Employment Law Initiative for Non-Profits is designed to provide important employment law counseling assistance to underserved/under-funded non-profit social service organizations while creating more pro bono opportunities to employment law attorneys. While many pro bono efforts target litigators to take on pro bono cases in indigent client matters, limited opportunities exist for employment lawyers who want to provide pro bono legal assistance in their areas of expertise, or for management attorneys unable to take on plaintiff-side cases. And, while the metropolitan Boston area is filled with non-profit organizations, many of them have limited resources, and are in need of legal assistance in various areas of employment law compliance, such as wage and hour law, wage payment law, personnel policy development or ADA awareness. This BBA project addresses the glaring need of non-profits for such services and the lack of pro bono opportunities for employment lawyers by matching employment lawyers with non-profit organizations in need of assistance with employment-related legal needs. This BBA project presents a special opportunity for BBA labor and employment section members to lend their talents to these important non-profit organizations....
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