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Basics Conference 2018: Employment Litigation

In The Basics Conference 2018: Employment Litigation, you will learn about the sequence of an employment dispute that culminates in trial. Experienced employment litigation and trial attorneys will present the state and federal perspectives in addition to imparting best practices.

 

12 Hours MCLE Credit

In The Basics Conference 2018: Employment Litigation, you will learn about the sequence of an employment dispute that culminates in trial. Experienced employment litigation and trial attorneys will present the state and federal perspectives in addition to imparting best practices. The processes involved in employment litigation are demanding on employees and employers. Issues can be complex and it is necessary to understand what is involved in the litigation of employment disputes in order to properly bring or defend an action.

Individual Sessions Include:

This is a basic level program and assumes no prior experience in employment litigation. The Basics Conference 2018: Employment Litigation is appropriate for attorneys new to employment practice, those transitioning to the area as well as those seeking a refresher course.

On Demand BU97526-191

Recorded September 20 and 21, 2018 at the Hilton Santa Barbara Beachfront Resort

 

New Admittee Discount: Save $200 if you were admitted in the last 5 years and have not already used your CEB program discount.

$ 695.00

In The Basics Conference 2018: Employment Litigation, you will learn about the sequence of an employment dispute that culminates in trial. Experienced employment litigation and trial attorneys will present the state and federal perspectives in addition to imparting best practices. The processes involved in employment litigation are demanding on employees and employers. Issues can be complex and it is necessary to understand what is involved in the litigation of employment disputes in order to properly bring or defend an action.

Individual Sessions Include:

This is a basic level program and assumes no prior experience in employment litigation. The Basics Conference 2018: Employment Litigation is appropriate for attorneys new to employment practice, those transitioning to the area as well as those seeking a refresher course.

I. Administrative Claims

Employment litigation typically begins in one or more regulatory agencies. Nearly all employment discrimination statutes require employees to file charges in one or more of these agencies before they can file a lawsuit. You will learn about the most commonly used agencies as well as what to expect from the process and what to do while the agency is investigating.

  • Federal
  • State
  • Statutes of limitations
  • Investigation
  • Notice of Right to Sue

II. Complaints/Answers

A complaint must be filed within a specified time limit. You will learn about the most routinely relied upon causes of action in filing lawsuits on behalf of employees. And what options, strategic or otherwise, are available for the responding party.

  • Hiring/termination/contractual
  • Leave time
  • Tort and statutory violations
  • Wage/claim and Labor Code violations
  • Public employee causes of action
  • Federal causes of action
  • Causes of action not otherwise covered by WC
  • Punitive damages
  • Motion to Dismiss
  • Forum
  • Venue
  • Answer
  • What to do if you get removed to Federal Court

III. Mandatory Arbitration

Mandatory arbitration requires employees to agree to arbitrate legal disputes with the employer rather than going to court. A large sector of the workforce is subject to mandatory arbitration. You will learn about:

  • Is mandatory arbitration enforceable?
  • Rules of mandatory arbitration
  • Case law
  • When arbitration goes forward

IV. Discovery

Employment cases are fact and document intensive. Legal issues can range from the most basic to highly intricate. And the human dynamic brings a fascinating complexity to the litigation. Discovery is also critical to the summary judgment phase.

  • Disclosures
  • Fact discovery
  • Expert discovery
  • Written - what to ask for - what can your client give you
  • Depositions
  • Strategies specific to employment
  • Cost control
  • Evidence preservation letter
  • E-discovery
  • Personnel file
  • MeToo evidence
  • Employer initiated investigations
  • Financial discovery

V. Summary Judgment

Having the ability to end a plaintiff’s case, summary judgment is the main event short of trial. You should expect to see a summary judgment motion in your case. Preparation is key and so is understanding the rules of this tactic.

  • Plan for MSJ from the beginning
  • Know the law
  • Know the MSJ procedure
  • Theme/story of case
  • Organize discovery
  • Organize evidence
  • Oral argument
  • Win or lose - what’s next?

VI. Resolution

An employment case can linger in the court system for years. If appropriate, settlement before trial should be considered. A tremendous amount of thought and preparation goes into pre-settlement discussions. You will learn about:

  • Assessing the value of the case
  • ADR choices
  • Attorney’s fees
  • Costs
  • Tax issues
  • Letter of referral
  • Agreement not to apply for future employment
  • Waivers/releases
  • Severance package
  • Negotiation tips
  • Demand
  • Offer letter

VII. Trial

Most cases settle or are dismissed at an earlier phase. But if you do find yourself heading to trial, you had better be prepared. Experienced trial attorneys will provide an overview of how to prepare an employment case for trial.

  • Expert disclosures
  • Motions in Limine
  • Trial notebook
  • Organize evidence
  • Jury selection
  • Direct/cross examination
  • Jury instructions/forms

VIII. Case Intake/Evaluation

Experience suggests that the meticulous initial evaluation of a case is vital to a successful representation. Whichever party you represent, you will acquire helpful practice tips about:

  • Screening
  • Evidence
  • Is your client the best source of evidence?
  • Client intake form
  • Attorney’s fees
  • Costs
  • Engagement letter
  • Conflicts

MAUREEN M. HOME

Maureen M. Home

Maureen Home, LightGabler, Camarillo, has more than 20 years of experience representing and counseling employers in all aspects of employment law and litigation, including providing day-to-day advice to small and large businesses, non-profits, and public entities regarding terminations, layoffs, employee classifications, and wage and hour issues. Maureen also has been retained by employers to conduct independent investigations into corporate wrongdoing and violations of anti-discrimination laws.

Maureen has successfully defended employers in state and federal court against claims for wrongful discharge and whistleblower retaliation; race, national origin, sex, and disability discrimination; and harassment. She has defended wage and hour class actions and wage claims brought before the California Labor Commissioner, Division of Labor Standards Enforcement. Maureen also has administrative law experience responding to EEOC and DFEH complaints. Maureen received her J.D. from Southwestern University School of Law.

KATHARINE CHAO

Katherine Chao

Katharine Chao is a founding partner of Olivier Schreiber & Chao LLP, San Francisco. Kathy represents employees in individual litigation, negotiations, and class actions in both state and federal courts. Her practice focuses on discrimination, harassment, retaliation, wage-and-hour, compensation and whistleblowing matters. Kathy also represents executives and start-up employees in employment contract and equity compensation matters. Prior to founding the firm, Kathy was the principal at Chao Legal in San Francisco and Oakland, where she practiced employment law exclusively on behalf of employees since 2012. Before starting her own firm, Kathy practiced as a defense attorney in the San Francisco offices of Paul Hastings LLP and Nossaman LLP. As a defense attorney, Kathy worked on complex commercial litigation, consumer class action defense, and civil and criminal antitrust matters. She is a frequent speaker on employment litigation on panels and conferences throughout California.

MAUREEN K. BOGUE

Maureen K. Bogue

Maureen Bogue, Pacific Employment Law, San Francisco, has over 20 years of experience as an employment litigator, representing clients through trial and arbitration. She has represented employers of all sizes in state and federal courts and in arbitration. She has significant experience defending employers in wage and hour claims (including class actions), as well as claims for discrimination, harassment, failure to accommodate and related employment claims. She also represents employers in OFCCP, EEOC and EDD audits.

Having previously served as in-house counsel for a global company, Ms. Bogue provides strategic and business-oriented advice on complicated employment issues and serves as “back up” in-house employment counsel when needed. She regularly advises employers on issues such as leaves of absence, disability accommodation and performance management. In addition, she is a sought-after workplace investigator and has significant experience in management/executive training and coaching. She has been recognized as a Northern California Super Lawyer in 2016 and 2017. Ms. Bogue received her J.D. from Cornell Law School.

TODD JACKSON

Todd Jackson

Todd Jackson, Feinberg Jackson Worthman & Wasow LLP, Berkeley, is a partner in the firm. Mr. Jackson represents employees in class action cases involving overtime pay, pension benefits, and employment discrimination. He has successfully served as lead counsel or co-lead counsel in numerous class actions, including class cases against IBM, Computer Sciences Corporation, KBR, Perdue Chicken, Masco Contractors, Farmers Insurance, American Families Insurance, Kelly Moore Paint Company, Corrections Corporation of America, the Tribune Company and Wells Fargo Bank.

Mr. Jackson serves as a mediator on the ADR Program for the United States District Court for the Northern District of California. He is also available to conduct private mediations. Mr. Jackson received his J.D. from the University of California at Berkeley School of Law.

Mr. Jackson is recognized as a national leader in class actions, ERISA law, and wage and hour practice and is a frequent speaker at legal conferences on those topics. Prior to joining the firm, Mr. Jackson was a shareholder at Lewis, Feinberg, Lee & Jackson, P.C. He served as a law clerk to Judge Judith Keep of the United States District Court for the Southern District of California.

ANDREW H. FRIEDMAN

Andrew H. Friedman

Andrew H. Friedman, Helmer Friedman LLP, Beverly Hills, primarily represents employees in all aspects of employment law including not only individual discrimination, harassment and retaliation cases but also complex multi-party wage and hour class actions. In addition to occasionally representing employers and individual defendants, Mr. Friedman also conducts neutral fact-finding investigations into employment-related disputes. Mr. Friedman has handled a wide range of employment-related litigation in state and federal courts. He speaks and writes extensively in these areas. Mr. Friedman also represents clients in catastrophic personal injury, wrongful death, civil rights, and product liability cases. Mr. Friedman received his J.D. degree from Cornell Law School. Mr. Friedman is licensed to practice in California, Missouri, and the District of Columbia.

ANTHONY J. ONCIDI

Anthony J. Oncidi

Anthony J. Oncidi is a partner in the Los Angeles office of Proskauer Rose LLP, where he heads the firm's Labor and Employment Department. Mr. Oncidi received his J.D. from the University of Chicago Law School. His practice focuses on representing employers and management in all aspects of employment law, including wage-and-hour class actions and cases involving wrongful termination, trade secret violations, restrictive covenants, and whistleblower, harassment, and discrimination claims. He also advises and counsels clients on employment-related matters. Mr. Oncidi is a regular columnist for the Los Angeles Daily Journal and the California Labor and Employment Law Review, the official publication of the Labor and Employment Law Section of the State Bar of California.

ALYSON C. DECKER

Alyson C. Decker

Alyson C. Decker practices with Lowthorp, Richards, McMillan, Miller & Templeman in Oxnard. Her legal practice encompasses all aspects of civil litigation, including business and contract law, employment law, personal injury, antitrust, complex cases, class actions, and entertainment and high profile cases. She has experience, including trying cases, in both state and federal court in California and across the country. Alyson obtained her law degree from the University of Southern California in 2007. She also externed for former Central District Federal Magistrate Judge Hillman. In her spare time, Alyson enjoys playing roller derby, running, cooking, spoiling her cat, and traveling.

HILLARY JO BENHAM-BAKER

Hillary Jo Benham-Baker

Hillary Jo Benham-Baker is a founding partner in the law firm of Campins Benham-Baker LLP, San Francisco, where she represents employees in discrimination, whistleblower retaliation, and wage-and-hour matters. A substantial part of Ms. Benham-Baker's practice focuses on family responsibilities, discrimination, and leave retaliation/interference issues. She received her B.A. with honors from Pitzer College and her J.D. from the University of California, Hastings College of the Law, where she was awarded the Tony Patiño Fellowship. Ms. Benham-Baker serves on the Executive Committee of the Alameda County Bar Association's Labor and Employment Law Section. She is also a member of the California Employment Lawyers Association and the American Bar Association's Section of Equal Employment Opportunity. Ms. Benham-Baker has been named as a Northern California "Rising Star" by Super Lawyers magazine for the years 2011—2014.

JULIA CAMPINS

Julia Campins

Julia Campins is a partner in the law firm of Campins Benham-Baker LLP, San Francisco. She received her B.A. from Columbia College and her J.D. from Columbia University School of Law. Ms. Campins is an Executive Editor of Employment Discrimination Law (ABA-BNA 5th ed, 2013; and Supplements). She is also the author of the "Equitable Remedies" chapter in Employment Damages and Remedies (Cal CEB) as well as chapters in Class Action Fairness Act: Law and Strategy (ABA-BNA 2013). Ms. Campins previously served as co-editor of the American Bar Association's Section of Litigation: Class Actions and Derivative Suits newsletter, for which she wrote several articles. She has also written articles in the ABA Labor and Employment Law Section's Employee Benefits Committee newsletter and the National Employment Lawyers Association's publication, The Employee Advocate. She is a frequent speaker on employment and civil rights issues. In 2013 and 2014, Ms. Campins was named a Northern California "Super Lawyer." In 2011 and 2012, Super Lawyers magazine named her a "Rising Star" among Northern California attorneys. Ms. Campins specializes in representing employees and plaintiffs in employment discrimination, civil rights, and employee benefits actions.

TYLER M. PAETKAU

Tyler M. Paetkau

Tyler M. Paetkau, Procopio, Cory, Hargreaves & Savitch LLP, Palo Alto, has represented employers in labor and employment law matters for more than 25 years. He has handled numerous litigation cases and has extensive employment counseling experience. Tyler’s areas of practice include defending employers against claims of wrongful termination, discrimination, retaliation, sexual harassment, defamation, wage and hour violations, unpaid commissions, collective and class actions, and unfair labor practice charges. Tyler also represents employers in litigation involving unfair competition, misappropriation of trade secrets, restrictive covenants, and employee mobility issues. He also has extensive experience representing employers in union-management labor relations matters, including union organizing campaigns, strikes, and collective bargaining negotiations. Tyler received his J.D. from the University of Michigan Law School.

JOHN F. HYLAND

John F. Hyland

John F. Hyland practices exclusively in the area of employment law. Before forming Rukin Hyland Doria & Tindall, he was Of Counsel with Paul, Hastings, Janofsky & Walker LLP in the firm's San Francisco office, where he advised and represented companies in state and federal court actions covering all areas of employment law, including wrongful termination, discrimination, harassment, disability law, employee privacy, employee leaves, and wage-and-hour issues. Mr. Hyland regularly conducts training seminars and presents on a wide array of employment law issues. Law & Politics magazine selected him as one of its Northern California Super Lawyers each year from 2006 through 2012 and again in 2014. San Francisco's Best Lawyers named him in its 2012 edition and The Best Lawyers in America selected him for inclusion in its 2012, 2013, and 2014 editions. Mr. Hyland received his B.S. from St. Joseph's University in Philadelphia and his J.D. from Golden Gate University School of Law, where he graduated in 1995 with highest honors and first in his class. While at Golden Gate, he served as a contributing author and associate editor of the Golden Gate Law Review.

HON. STEPHEN M. MURPHY

Hon. Stephen M. Murphy

Judge Stephen M. Murphy, San Francisco County Superior Court, was appointed to the bench in 2016.

Judge Murphy had been a sole practitioner since 1999. He was a partner at Bianco and Murphy from 1992 to 1999 and at Bianco, Brandi and Murphy in 1992. He was a partner at Bianco, Brandi and Jones from 1988 to 1991, where he was an associate from 1982 to 1987, and served as a law clerk for the New Hampshire Superior Court from 1981 to 1982. Judge Murphy earned a Juris Doctor degree from the University of San Francisco School of Law and a Bachelor of Arts degree from the College of the Holy Cross.

Products specifications
PRODUCT GROUP CLE
By Month September 2018
MCLE HOUR > 9
PRACTICE AREA Employment Law
Products specifications
PRODUCT GROUP CLE
By Month September 2018
MCLE HOUR > 9
PRACTICE AREA Employment Law