NELA/NY Spring Conference on Representing Employees 05/10/19
Please join us for our full day conference at Fordham Law School! Breakfast, snacks and lunch is included in your registration!
Spring 2019 NELA/NY Conference on Representing Employees (7 CLE Credits) May 10, 2019
8:30- 9:15 Continental Breakfast
9:15- 9:30 Opening Chair Remarks and Welcome; Mark D. Risk, Chair, Miriam F. Clark, President
9:30 – 10:45 Hidden Gems of the New York Labor Law
Experienced wage and hour practitioners will compare and contrast the protections available to workers under New York Labor Law and the Fair Labor Standards Act, with a focus on the salary basis level for white collar overtime exemptions; retaliation; prevailing wages; and wage protections for workers in particular industries, including hospitality, building services, and home health care.
• Lloyd Ambinder, Virginia & Ambinder, LLP
• Lillian M. Marquez, Pechman Law Group
• ReNika Moore, Bureau Chief of the Labor Bureau in the NY Office of the Atty. General
• Chauniqua Young, Outten & Golden LLP
10:50-11:40 Litigators and Witnesses: Ethical Considerations and Limitations
Witness interactions present a series of ethical and strategic dilemmas. Panelists will discuss best practices for engaging with witnesses by reviewing the Rules of Professional Conduct and discussing real-world hypotheticals.
• Karen Cacace, Director, Employment Law Unit, The Legal Aid Society
• Professor Bruce Green, Louis Stein Chair at Fordham Law School, Director of Louis Stein Center for Law and Ethics
• Shilpa Narayan, Friedman & Houlding,
11:40 – 11:50 Break
11:50-12:40 Reductions in Force: Legal and Strategic Issues
Panelists will consider the legal issues related to large layoffs including under the Older Workers Benefit Protection Act, the advising of employees affected by those layoffs, and broader litigation strategies challenging the terms of the layoffs as discriminatory.
• Laura S. Schnell, Eisenberg & Schnell
• David G. Webbert, Johnson, Webbert & Young
• Robert S. Whitman, Seyfarth Shaw
1:50-2:50 Addiction, Drug Use, and Disability
Addiction remains one of the most stigmatized disabilities. This panel will address sticky issues under both federal and NY law, including: How to prove addiction as a disability? What accommodations may be required? What challenges should we make to workplace drug testing? What about drug free workplace policies, off duty conduct, and legally prescribed medications? Can you protect the sober client who returns to work after rehabilitation? Where does medical marijuana fit into all of this?
• Brian East, Disability Rights Texas
• Virginia L. Hardwick, Hardwick Benfer
• Colleen M. Meenan, Meenan & Associates
2:50-4:05 Jury Selection: Strategies for Effectively Selecting the Right Jurors for Your Case
The panelists will discuss strategies and ideas to obtain a jury receptive to your case in both state and federal courts. Through video vignettes, the panel will explore effective ways of conducting voir dire and handling challenging situations.
• Ellen Brickman, Ph.D. of Doar, Inc.
• Robert Herbst, Herbst Law PLLC
• Bennitta Joseph, Joseph and Norinsberg
• Delmas A. Costin, Jr., The Law Office of Delmas A. Costin, Jr., PC
4:05- 4:15 Break
4:15-5:05 Navigating the Maze of Whistleblower Laws
This panel will provide an overview of federal and state whistleblower anti-retaliation laws, including financial services laws, such as Sarbanes-Oxley and Dodd-Frank, federal and state false claims laws, and state health care worker retaliation laws. Panelists will discuss the protections afforded under these laws, administrative requirements, and practical considerations to keep in mind when deciding whether to pursue claims.
• Jonathan Ben-Asher, Ritz Clark & Ben-Asher LLP
• Amy Biegelsen, Outten & Golden LLP
• Jason Zuckerman, Zuckerman Law
5:05-6:00 Reception/Happy Hour
Location: Fordham Law School 150 West 62nd Street New York, NY 10023
IS IT SAFE???? DATA SECURITY FOR SOLO AND SMALL LAW FIRMS
If you blow off this question because you think that data security is an issue for large corporations and Big Law, you are in for a rude awakening! Solo and small law firms are also subject to hacking, phishing, leaks of sensitive data, and having files held for ransom, among other things. And because lawyers have an ethical obligation to keep data secure, you could be subject to a legal malpractice claim, following a breach!
But don't worry! The NELA Solo Support Committee has data security covered!!! Please join us at Outten and Golden, 685 Third Avenue, 25th Floor on Thursday, May 30th from 6-8 pm for Data Security for the Solo and Small Law Firm. We have invited two outstanding speakers to help guide us through the data security maze.
Harumi Urata-Thompson, is the operating director of Cyberfense. She is an advisor to numerous small organizations and has dealt with cybersecurity issues with a variety of businesses, including small law firms. Her expertise includes Artificial Intelligence, Blockchain, Cryptocurrency, and Cybersecurity. Harumi previously served as Chief of Staff to the CEO of the Healthcare and Science Business at Thomson Reuters.
Caroline Morgan is an associate at Fox Rothschild LLP where she litigates complex commercial and business matters. Prior to working at Fox Rothschild, Caroline worked at a small boutique firm in New York City where she focused her practice on litigation, (re)insurance and white-collar crime. In addition, as a claims manager with a reinsurer, Caroline managed multi-million dollar cyber insurance claims. She is also knowledgeable about ethical obligations concerning data security and protecting law firms from cyber-attacks.
And as an added bonus, attendance at this NELA Nite will earn you an ethics credit! So please RSVP, ASAP! Location: Outten & Golden LLP 685 Third Avenue New York, NY 10017
NELA/NY is committed to creating an open but respectful list-serve. NELA/NY is planning a facilitated NELA/NY listserv community brainstorming session, in Manhattan, for the evening of June 6 to move our organization forward in connection with list-serve dialogue and rules. This event is being organized to discuss members’ perspectives on how the listserve should be run, used, and managed and ways to ensure that the listserve is a welcoming environment. Location: Outten & Golden LLP 685 Third Avenue, 25th Fl New York, NY 10017