Now viewing a bundle in: CLE Catalog
2013 Annual Convention
Published by National Employment Lawyers Association



Programs Included in this Bundle
  1. A Practical Guide To Settlement Negotiations, From NELA's 2013 Annual Convention
    The decision to settle a case is about balancing how much your client’s case is worth versus the risk of trial. Factors to consider in settlement negotiations that don’t deal with dollars and cents are just as vital, including your client’s individual circumstances, the risk of loss, jurisdiction, the judge, and whether your client can make it through a trial. When do you cut and run? When do you force the issue of settlement early to maximize recovery for your client? Our experts address these and other tactics to help you with your next settlement negotiation.

    This seminar includes the following components:
    • A Practical Guide To Settlement Negotiations Audio
    • Effective Practice Tips: The View From the Middle Paper
    • A Practical Guide To Settlement Negotiations Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  2. A View From The Bench: Persuasive Advocacy, From NELA's 2013 Annual Convention
    Our panel of jurists discuss effective oral and written advocacy. They share their insights about all aspects of the litigation process—discovery, trial preparation, talking to a jury, appeals, strategies and techniques for persuasive brief writing and oral argument, and more.

    This seminar includes the following components:
    • A View From The Bench: Persuasive Advocacy - Audio
    • A View From The Bench: Persuasive Advocacy - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  3. Analyzing The Use Of Experts In Employment Cases, from the 2013 Annual Convention
    This panel examines the tough decisions of whether experts are necessary in various fields, when cost outweighs benefits or is prohibitive, and how to maximize direct and cross-examinations. Topics include using economists, vocationalists, doctors, psychologists, statisticians, and consultants on “best practices” in investigations, and the importance of reports, prior testimony, qualifications, and a Federal Rule of Evidence 702 hearing.

    This seminar includes the following components:
    • Analyzing The Use Of Experts In Employment Cases - Audio
    • Analyzing The Use Of Experts In Employment Cases - PPT
    • Analyzing The Use Of Experts In Employment Cases - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  4. Bias 2.0 & Summary Judgment, From NELA's 2013 Annual Convention
    A working knowledge of the science of bias is an essential tool for framing and preparing your response to a motion for summary judgment. Our panelists identify the many ways bias may impact your case at the summary judgment stage—from the “problem doctrines” to judicial bias—and discuss legal and practical resources for overcoming them.

    This seminar includes the following components:
    • Bias 2.0 & Summary Judgment - Audio
    • Bias 2.0 & Summary Judgment - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  5. Countermoves For Evasive & Adverse Deposition Answers, from the 2013 Annual Convention
    This advanced session explores strategies and techniques for responding to evasive, non-responsive, forgetful, and uncertain answers; attacking the accuracy and/or credibility of a harmful answer; undermining opinions and conclusions; and responding to inconsistent and implausible answers. The speakers also share their tips on how to avoid framing errors that lead to objections and other interruptions, and provide a framework for effectively responding to typical deposition objections, inappropriate instructions not to answer, and improper coaching, speaking objections, harassment, obstructionism, posturing, or other dilatory tactics.

    This seminar includes the following components:
    • Countermoves For Evasive & Adverse Deposition Answers - Audio
    • Countermoves For Evasive & Adverse Deposition Answers - Handout
    • Countermoves For Evasive & Adverse Deposition Answers - Admonitions

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  6. Discrimination Against Pregnant Women & New Mothers, From NELA's 2013 Annual Convention
    Pregnant women and new mothers face particular forms of sex discrimination on the job. New mothers are denied the time needed to pump breast milk, even though employers routinely grant similar accommodations to other workers. A growing number of women are litigating this issue under state and federal law with mixed results. Pregnant women are pushed out of jobs when they require minor physical adjustments. This session offers employee rights advocates the opportunity to share strategies and doctrinal developments on these evolving employment litigation issues.

    This seminar includes the following components:
    • Discrimination Against Pregnant Women & New Mothers - Audio
    • Discrimination Against Pregnant Women & New Mothers - PPT
    • Discrimination Against Pregnant Women & New Mothers - Handout
    • Discrimination Against Pregnant Women & New Mothers - EEOC v Houston Funding

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  7. Drafting Powerful Demand Letters, From NELA's 2013 Annual Convention
    An aspect of legal writing often overlooked is how to draft successful demand letters. How a demand letter presents your client’s demands can have powerful, lasting effects on the course and nature of a negotiation or a case because the demand letter first grounds the recipient’s attention, frames the main issues, and primes the recipient’s goals. Employee rights lawyers will learn about the drafting process from employment law experts who have extensive experience with clearly and effectively communicating their clients’ demands so as to establish a firm ground for building each case from day one, making all necessary investments of time and resources to compel a response from the employer, and achieving the desired results from defense counsel.

    This seminar includes the following components:
    • Drafting Powerful Demand Letters Audio
    • Drafting Powerful Demand Letters Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  8. Electronic Discovery & Employment Litigation, From NELA's 2013 Annual Convention
    Our speakers examine the hottest issues involving e-discovery and employment litigation. Topics include the discovery and admissibility of email and social media, sanctions and ethical pitfalls, framing Rule 34 discovery requests in light of the new e-discovery rules (including privilege issues and claw back provisions), the importance of the Rule 26(f) conference, litigation holds, predictive coding decisions and how to apply them to individual employment cases and/or staged searches of electronically stored information, and techniques to manage the expense of e-discovery.

    This seminar includes the following components:
    • Electronic Discovery & Employment Litigation - Audio
    • Electronic Discovery & Employment Litigation - PPT
    • Electronic Discovery & Employment Litigation - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  9. Health Care Laws & Their Impact On Employee Rights, From NELA's 2013 Annual Convention
    The passage of the Patient Protection and Affordable Care Act (ACA), as well as the Genetic Information Nondiscrimination Act (GINA), created new rights and remedies for employees in the area of health care. For example, the ACA amended the Fair Labor Standards Act to ensure that no employer shall discharge or in any manner discriminate against any employee because the employee has received a premium tax credit, reported employer violations of the ACA (whistleblowing), or participated in proceedings against an employer for violations of the ACA. GINA prohibits employers from using an individual’s genetic information (which is defined to include knowledge of “family medical history”) to make hiring, firing, job placement, or promotion decisions. This presentation explores the legal rights and remedies provided by ACA and GINA for employees, and how to secure them for your clients.

    This seminar includes the following components:
    • Health Care Laws & Their Impact On Employee Rights - Audio
    • Health Care Laws & Their Impact On Employee Rights - PPT
    • Health Care Laws & Their Impact On Employee Rights - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  10. Hot Issues Under The ADAAA, from the 2013 Annual Convention
    The ADA Amendments Act (ADAAA) gives new hope to disabled workers and the attorneys who represent them by overturning restrictive U.S. Supreme Court rulings and restoring the law’s original promise. In addition to providing an update on legal developments, this presentation offers practical tips to ensure workers with mental health conditions are protected by the law, strategies to deal with inevitable employer defenses, and overcoming new challenges employment litigators are confronting under the ADAAA.

    This seminar includes the following components:
    • Hot Issues Under The ADAAA - Audio
    • Hot Issues Under The ADAAA - PPT
    • Hot Issues Under The ADAAA - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  11. Is There An App For That?, From NELA's 2013 Annual Convention
    Technology has come a long way since the days of the typewriter and mimeograph machine. Is your office keeping up with the times? Learn about the hottest new trends in technology and how they can help you streamline your office’s practices and make your clients’ lives, and yours, a little easier. This session will help you navigate the brave new world of iPads, apps, digitizing files, email encryption, efaxing, the “cloud,” and much more.

    This seminar includes the following components:
    • Is There An App For That? - Audio
    • Is There An App For That? - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  12. Lessons Learned From Mock Trials, From NELA's 2013 Annual Convention
    Using three actual trials based on whistleblower, First Amendment, and breach of contract claims, Mr. Kaster and Mr. Morgan walk through the lessons they learned by completing a mock trial prior to the actual trial. For each case, they talk about their theory going into the mock trial, how they used the mock jury deliberations and information to adjust their theory going into the actual trial, and how the theory worked in the actual trial. They also discuss how you can incorporate these theories and lessons into your own cases.

    This seminar includes the following components:
    • Lessons Learned From Mock Trials Audio
    • Lessons Learned From Mock Trials Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, WV


  13. Maximizing Compensatory Damage Awards In Federal Sector Cases, from the 2013 Annual Convention
    This session focuses on how practitioners can maximize compensatory damages awards in federal sector EEO complaints through the careful selection of evidence and witnesses. When reviewing decisions from the EEOC’s Office of Federal Operations on compensatory damages awards, it often becomes clear which awards were heightened due to the skillful presentation of evidence in support of awards by competent counsel. Our experts share their tips and strategies to help you maximize compensatory damage awards in your next case!

    This seminar includes the following components:
    • Maximizing Compensatory Damage Awards In Federal Sector Cases - Audio
    • Maximizing Compensatory Damage Awards In Federal Sector Cases - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  14. Obtaining Attorneys’ Fees Practically & Ethically, from the 2013 Annual Convention
    Members of NELA’s Ethics & Sanctions Committee provide practical tips and discuss legal developments to help plaintiffs’ employment lawyers avoid fee disputes with clients and ensure payment of fees. Issues addressed include structuring fee agreements and the legal and ethical aspects of collecting attorneys’ fees. The speakers also explore and share model language for fee agreements.

    This seminar includes the following components:
    • Obtaining Attorneys’ Fees Practically & Ethically - Audio
    • Obtaining Attorneys’ Fees Practically & Ethically - PPT
    • Obtaining Attorneys’ Fees Practically & Ethically - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  15. Plaintiff’s Deposition Bootcamp, From NELA's 2013 Annual Convention
    Our bootcamp on preparing for the plaintiff’s deposition teaches new lawyers how to develop potential evidence to support their own contentions as well as to undermine their opponent’s positions; flesh out credibility evidence for (and against) both sides of the litigation, including evidence that might either explain or exploit an apparent inconsistency; convert potential evidence into topics to explore during their depositions; and organize important topics into a useful deposition outline.

    This seminar includes the following components:
    • Plaintiff’s Deposition Bootcamp - Audio
    • Plaintiff’s Deposition Bootcamp - PPT
    • Plaintiff’s Deposition Bootcamp - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  16. Presenting Trial Evidence & Shielding Against Objections, from the 2013 Annual Convention
    Our veteran trial practitioners discuss various creative means of presenting trial evidence by use of computer graphics, demonstrative exhibits, total visual advocacy, and, of course, directly through witness testimony. Topics such as getting difficult evidence admitted, including other victim evidence, and offers of proof are addressed. Finally, tips on immediately responding to defendants’ objections and making objections to preserve your client’s appeal are provided.

    This seminar includes the following components:
    • Presenting Trial Evidence & Shielding Against Objections - Audio
    • Presenting Trial Evidence & Shielding Against Objections - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  17. Readying Your Case For Trial From Day 1, From NELA's 2013 Annual Convention
    Our veteran trial lawyers present a primer on the behind-the-scenes work before walking into the courtroom. Topics addressed include utilizing a trial notebook, the use of pre-trial motions to design and create a framework for your case, gathering and organizing exhibits from disclosures through deposition to trial, preparing for making and defending anticipated objections during trial, planning motions in limine, drafting a pre-trial order that does not prejudice your client, and early use and development of jury instructions. Come hear experienced trial attorneys explain how they plan to win their trials well before they start!

    This seminar includes the following components:
    • Readying Your Case For Trial From Day 1 Audio
    • Readying Your Case For Trial From Day 1 Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  18. Preventing Gross From Being Really Gross, From NELA's 2013 Annual Convention
    This session explores strategies and theories you can use to help the judiciary understand that “but for” causation in cases under the Age Discrimination in Employment Act and other employment laws following the U.S. Supreme Court’s decision in Gross v. FBL Financial Services, Inc. does not mean “sole cause.” Our experts examine the implications of Gross on summary judgment and trial practice. They also provide an update on how Gross has been applied correctly and incorrectly in employment cases since the decision was rendered in 2009.

    This seminar includes the following components:
    • Preventing Gross From Being Really Gross - Audio
    • Preventing Gross From Being Really Gross - PPT
    • Preventing Gross From Being Really Gross - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  19. Preventing Workplace Bullying & Harassment, from the 2013 Annual Convention
    Workplace bullying has very negative effects on employees and the companies where such behavior is displayed and tolerated. Targets of workplace aggression generally have lower levels of well-being. Some victims of workplace bullying may experience a wide range of symptoms related to stress including headaches, stomach problems, depression, sleep disturbances, and eventually even suicidal and homicidal ideation. Workplace anti-bullying legislation has been introduced in many states, and the 2013–2014 sessions of state legislatures will see more of the same. Our speakers explore various avenues of redress to combat bullying in the workplace.

    This seminar includes the following components:
    • Preventing Workplace Bullying & Harassment - Audio
    • Preventing Workplace Bullying & Harassment - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  20. Section 1981 Claims & How They Differ From Title VII Claims, from the 2013 Annual Convention
    What is the difference between Title VII of the Civil Rights Act and 42 U.S.C. 1981? Most of us think the answer to this question is damages caps and that we can allege a §1981 claim for race discrimination. But, what is “race” under §1981? What is the difference between a race claim under §1981 and a national origin or race claim under Title VII, and does it matter? The answer is an emphatic “yes”! Our veteran practitioners bring you up to speed on the distinctions between these two statutes so you will know which one to plead, what limitations and differences there are, and what remedies are available. There are many possibilities with each claim, but the key is to know the difference between the two and when it matters.

    This seminar includes the following components:
    • Section 1981 Claims & How They Differ From Title VII Claims - Audio
    • Section 1981 Claims & How They Differ From Title VII Claims - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  21. Social Media & E-Discovery In The Workplace, from the 2013 Annual Convention
    Lawyers are realizing that information contained on social media sites may be related to litigation and we must navigate the intersection of technology and the law. Because many social networking sites are owned and controlled by third parties, the preservation issues can be more difficult to manage. In employment law cases, information from social networking sites may be particularly relevant to the case because this e-discovery may demonstrate a plaintiff’s state of mind or may contain communications that a plaintiff could have had about the case with third parties. E-discovery from social media will continue to be relevant in cases involving emotional distress damages and employment cases as well as cases in which social media postings are related to the issues in the litigation. This presentation addresses these emerging issues and more.

    This seminar includes the following components:
    • Social Media & E-Discovery In The Workplace - Audio
    • Social Media & E-Discovery In The Workplace - Handout 1
    • Social Media & E-Discovery In The Workplace - Handout 2

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  22. Successful Techniques For Uncovering Bias Through Discovery, from the 2013 Annual Convention
    Developing evidence of bias commonly characterized as “unconscious,” “hidden,” or “implicit” poses unique challenges in employment discrimination cases. Our speakers discuss how to craft a discovery plan to obtain the necessary evidence to support your claims of bias and discrimination. They share sample deposition questions, interrogatories, and requests for production of documents, explore using motions in limine as a sword and shield, and examine strategies to overcome discovery abuses by your opponent.

    This seminar includes the following components:
    • Successful Techniques For Uncovering Bias Through Discovery - Audio
    • Successful Techniques For Uncovering Bias Through Discovery - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  23. The Equal Pay Act At Age 50, from the 2013 Annual Convention
    As we celebrate the 50th anniversary of the Equal Pay Act (EPA), nearly every study about pay in the workplace indicates that the law has not brought about full pay equity for a majority of women. The EPA is underutilized by many workers’ rights lawyers, and yet under the right factual scenario it is a potent law for fighting against pay disparity. Although it places a heavy burden on the plaintiff to prove her prima facie case, once proven it provides many advantages for practitioners, such as not having to prove intent, favorable burden shifting, and liquidated damages. This presentation examines where the EPA has been successful in remedying pay discrimination and where it has fallen short, and will include a discussion of legal and legislative developments such as the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act.

    This seminar includes the following components:
    • The Equal Pay Act At Age 50 - Audio
    • The Equal Pay Act At Age 50 - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  24. The Summit For Workers’ Rights: Honoring Courageous Plaintiffs, From NELA's 2013 Annual Convention
    The Convention’s opening plenary session pays tribute to three brave women whose perseverance has sparked change that will benefit and empower workers across the nation. Our honorees faced pernicious discrimination, harassment, and assault—because of their religion, disability, gender, or immigration status—and spent years fighting to vindicate their rights. NELA celebrates their victories, applauds their strength, and shares their powerful stories to propel us forward in advancing workers’ rights

    This seminar includes the following components:
    • The Summit For Workers’ Rights: Honoring Courageous Plaintiffs - Audio
    • The Summit For Workers’ Rights: Honoring Courageous Plaintiffs - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  25. Ensuring Employer Accountability In Multi-Tiered Employment Structures, From NELA's 2013 Annual Convention
    The relationship between worker and employer has become more complex as employers have contracted out, outsourced, and subcontracted many functions that were originally performed in house. This panel addresses the unique problems that arise for low-wage workers who are employed under subcontracting and multiple employer schemes where supply chain heads, such as Wal-Mart, international hotels, and other major companies, are evading responsibility for workers in and at the bottom of their contracted structures. Issues explored include related questions around staffing and temporary employment firms, who is the responsible employer in multi-tiered employment relationships, and the subversion of employer compliance with labor and employment laws.

    This seminar includes the following components:
    • Ensuring Employer Accountability In Multi-Tiered Employment Structures - Audio
    • Ensuring Employer Accountability In Multi-Tiered Employment Structures - Paper
    • Ensuring Employer Accountability In Multi-Tiered Employment Structures - Order to Dismiss

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  26. Planning Ahead: Establishing An Advance Exit Plan To Protect Your Firm And Your Clients In The Event Of Your Disability Or Death, From NELA's 2013 Annual Convention
    It is not easy to think about circumstances that could render you unable to continue your law practice. Unfortunately, accidents, illness, disability, and untimely death are events which do occur. Under any of these circumstances, your clients’ interests, as well as your own, must be protected. This presentation explores the ethical and practical issues involved in formulating an advance exit plan, such as conflicts of interest, confidentiality, handling discovery of potential ethics breaches and malpractice, financial implications, and logistical issues relating to files, passwords, vendors, and accounts. Sample forms, such as “Plan Checklists,” “Agreements to Close a Practice in the Future,” powers of attorney, letters to clients, and other essential documents for planning these transitions will be provided.

    This seminar includes the following components:
    • Planning Ahead - Audio
    • Planning Ahead - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  27. Practical Issues In Handling FMLA Cases, from the 2013 Annual Convention
    This presentation explore the practical aspects of litigating cases arising under the Family and Medical Leave Act (FMLA). Issues examined include the differences in proving an interference and a retaliation claim under the FMLA, the application of the two-year and three-year statutes of limitation, how to survive motions for summary judgment, facts that support an award of liquidated damages, and obtaining attorneys’ fees.

    This seminar includes the following components:
    • Practical Issues In Handling FMLA Cases - Audio
    • Practical Issues In Handling FMLA Cases - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  28. Recent Developments In Whistleblower Protections & Using Them To Your Client’s Advantage, From NELA's 2013 Annual Convention
    Congress has enacted and amended several whistleblower reward and protection laws. This panel provides an overview of new legislative developments; legal updates on the Dodd-Frank Act, the False Claims Act, the IRS Tax Whistleblower Program, and whistleblower protections arising under other statutes; as well as issues that practitioners need to be aware of when advising clients who have both employment and whistleblower claims.

    This seminar includes the following components:
    • Recent Developments In Whistleblower Protections & Using Them To Your Client’s Advantage - Audio
    • Recent Developments In Whistleblower Protections & Using Them To Your Client’s Advantage - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  29. The Top 10 Defense Tactics New Lawyers Need To Know, from the 2013 Annual Convention
    This session outlines the most common and challenging defense tactics that arise in employment cases for new lawyers. New lawyers share their experiences about handling intimidating, stonewalling, and unethical conduct by opposing counsel while audience members provide tips and strategies to counteract such tactics. Bring your own “Top 10” defense tactic to share!

    This seminar includes the following components:
    • The Top 10 Defense Tactics New Lawyers Need To Know - Audio
    • The Top 10 Defense Tactics New Lawyers Need To Know - PPT
    • The Top 10 Defense Tactics New Lawyers Need To Know - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  30. The Year In Review: Significant Developments In Employment Law, from the NELA 2013 Annual Convention
    Professor Schnapper and Mr. Seymour discuss the employment cases decided by the U.S. Supreme Court during its 2012–2013 term, significant legislative and state law developments, and emerging issues in plaintiffs’ employment law.

    This seminar includes the following components:
    • The Year In Review: Significant Developments In Employment Law - Audio
    • The Year In Review: Significant Developments In Employment Law - PPT
    • The Year In Review: Significant Developments In Employment Law - Handout

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  31. Today’s Big Fight In Civil Rights: Sexual Orientation & Gender Identity Discrimination, from the 2013 Annual Convention
    With the increasing recognition of same-sex marriages and civil unions—and the U.S. Supreme Court's invalidation of the federal Defense of Marriage Act—the protections for lesbian, bisexual, gay, and transgender employees are in unsettled terrain. Until our laws catch up with the realities of society and the workplace, employment law practitioners must think creatively to advocate for the rights of our LGBT clients. This presentation explores a variety of different legal claims that can be used to protect the rights of LGBT workers to be free from discrimination and retaliation, and strategies to push the law where it needs to go.

    This seminar includes the following components:
    • Today’s Big Fight In Civil Rights: Sexual Orientation & Gender Identity Discrimination - Audio
    • Today’s Big Fight In Civil Rights: Sexual Orientation & Gender Identity Discrimination - The Pink Locker Room
    • Today’s Big Fight In Civil Rights: Sexual Orientation & Gender Identity Discrimination - Handout
    • Today’s Big Fight In Civil Rights: Sexual Orientation & Gender Identity Discrimination - Brief

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  32. Using The Employer’s Flawed Investigation To Support Your Case, From NELA's 2013 Annual Convention
    This panel discuss the myriad ways plaintiffs’ employment lawyers can utilize an employer’s flawed investigation to bolster the employee’s discrimination and/or retaliation case. Investigations which are delayed, incomplete, conducted by biased investigators, or investigators who fail to pursue leads, coach or otherwise favor witnesses who provide helpful statements to the employer or destroy documents generated during the course of the investigation, all provide tremendous opportunities for you to wreak havoc on the employer’s case during discovery, at summary judgment, and again at trial.

    This seminar includes the following components:
    • Using The Employer’s Flawed Investigation To Support Your Case - Audio
    • Using The Employer’s Flawed Investigation To Support Your Case - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  33. What Every Plaintiffs’ Employment Lawyer Needs To Know About ERISA, from the 2013 Annual Convention
    Plaintiffs’ employment lawyers often shy away from anything having to do with the Employee Retirement Income Security Act (ERISA). Our panel of ERISA experts break down this important worker protection statute into easy-to-understand language to help you identify ERISA issues and litigation opportunities. Topics covered include ERISA’s statutory framework, strategies for handling pension and disability benefit claims, exhausting the administrative claims process, the standard of review when claims are denied, and breaches of fiduciary duties.

    This seminar includes the following components:
    • What Every Plaintiffs’ Employment Lawyer Needs To Know About ERISA - Audio
    • What Every Plaintiffs’ Employment Lawyer Needs To Know About ERISA - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  34. Who Is An Employee Or Independent Contractor Under Federal Employment Laws, from the 2013 Annual Convention
    Who constitutes an employee under federal employment laws? For example, an employer who improperly classifies employees as independent contractors violates the Fair Labor Standards Act. What are the implications for misclassifying an employee as an independent contractor under other federal statutes such as Title VII of the Civil Rights Act, the Employee Retirement Income Security Act, and other worker protection laws? Learn to ask the right questions of your potential clients and spot issues during your initial consultation to help you make this critical determination.

    This seminar includes the following components:
    • Who Is An Employee Or Independent Contractor Under Federal Employment Laws - Audio
    • Who Is An Employee Or Independent Contractor Under Federal Employment Laws - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  35. Winning Strategies For Handling Class & Collective Wage And Hour Actions, From NELA's 2013 Annual Convention
    Our veteran wage and hour practitioners provide an update on the current legal developments pertaining to the handling of class and collective actions, including significant federal and state court opinions with broad ramifications for bringing class actions, important opinions pertaining to class certification and trial plans, and an analysis of the fallout of Wal-Mart Stores, Inc. v. Dukes in the wage and hour arena. They also explore the strategies that have been most effective for obtaining class and collective relief in wage and hour lawsuits, practical tips on how to frame class certification motions and trial plans, and the use of experts, surveys, and statistical evidence in wage and hour litigation.

    This seminar includes the following components:
    • Winning Strategies For Handling Class & Collective Wage And Hour Actions - Audio
    • Winning Strategies For Handling Class & Collective Wage And Hour Actions - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  36. Winning With Written Discovery, From NELA's 2013 Annual Convention
    Join members of NELA’s Federal Rules Task Force for an interactive presentation on strategies for using paper discovery successfully and practical examples of pattern discovery specific to different types of employment cases, such as termination, non-selection, and harassment. NELA’s Federal Rules Task Force worked closely with the U.S. Judicial Conference’s Advisory Committee on Civil Rules in developing the Initial Discovery Protocols for Employment Cases Alleging Adverse Actions.

    This seminar includes the following components:
    • Winning With Written Discovery - Audio
    • Winning With Written Discovery - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  37. Writing Motions In Limine That Matter & Strategic Use Of The Rules Of Evidence At Trial, From NELA's 2013 Annual Convention
    The kitchen sink approach to offering or excluding evidence is rarely recommended at trial. This panel offers guidance on what types of evidentiary issues to raise before trial, responding effectively to defense motions in limine tactics, and how to best present your evidence in the courtroom within the confines of the Federal Rules. Topics include positioning your evidence effectively for favorable in limine rulings and courtroom presentations.

    This seminar includes the following components:
    • Writing Motions In Limine That Matter & Strategic Use Of The Rules Of Evidence At Trial - Audio
    • Writing Motions In Limine That Matter & Strategic Use Of The Rules Of Evidence At Trial - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  38. Your Trial Is Over: Preparing For Post-Trial Motions, from the 2013 Annual Convention
    When we finally get to trial, win or lose we’ll be faced with motions afterward. These can affect and even control the outcome of the case. Yet in preparing for trial there is precious little time to ready ourselves for what will come after. This presentation aims to discuss some of the more common post-trial motions, and to assist you in thinking about them in a systematic and strategic way. Among the motions to be examined are motions for judgment as a matter of law, motions for remittitur and additur, and motions for equitable relief.

    This seminar includes the following components:
    • Your Trial Is Over: Preparing For Post-Trial Motions - Audio
    • Your Trial Is Over: Preparing For Post-Trial Motions - Application for TRO
    • Your Trial Is Over: Preparing For Post-Trial Motions - Plaintiff's Declaration and Exhibits
    • Your Trial Is Over: Preparing For Post-Trial Motions - Order Granting Injunction
    • Your Trial Is Over: Preparing For Post-Trial Motions - Handout
    • Your Trial Is Over: Preparing For Post-Trial Motions - Preserving the Jury Verdict

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  39. Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions, From NELA's 2013 Annual Convention
    Is it ever justifiable for an employer to use criminal or credit history to deny employment? Our panelists explore this question by discussing how Title VII of the Civil Rights Act, the Fair Credit Reporting Act, various state laws, and the EEOC’s Guidance on the Use of Criminal Background Checks restrict employer use of such background checks. They also address difficult problems of proof and obtaining remedies in challenging these practices under a disparate impact theory. Issues to be explored include how to determine if an employer is using background checks as a screen, obtaining data sufficient to show disparate impact, particularly where an employer has not kept applicant flow data by race, to what extent employers are justified in using background checks as screens, and what constitutes appropriate remedial action.

    This seminar includes the following components:
    • Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions Audio
    • Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions Slide Deck
    • Combating The Use Of Criminal Background Checks & Credit Reports In Hiring Decisions Handouts

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV


  40. Structured Settlements & Other Tax Strategies In Employment Litigation: Why Pay More?, from the 2013 Annual Convention
    Since most damages that flow from a successful employment litigation settlement are taxable, mitigating those tax consequences is a high priority for the plaintiff who is recovering damages. Despite this reality, a significant number of these cases still settle for cash. There is a better way. This presentation demonstrates why attorneys whose clients accept cash settlements when concluding their employment disputes may be leaving money on the table. Topics addressed include categorizing and reporting settlement amounts; effectively advising clients regarding tax implications in settlement; and whether multiple and/or deferred settlement payments are appropriate for your client.

    This seminar includes the following components:
    • Structured Settlements & Other Tax Strategies In Employment Litigation: Why Pay More? - Audio
    • Structured Settlements & Other Tax Strategies In Employment Litigation: Why Pay More? - Paper

    Credit
     Click on jurisdiction for specific details  
    CA, OK, SC, VT, WV



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