2016 All Hands Meeting
November 17 Session
HR/Employment Law Track Agenda

Employment Law Implications of Using HR Analytics in the Workplace

Andrew Livingston & Julie Totten
Orrick, Herrington & Sutcliffe LLP

In recent years the application of big data to employment decisions - often called "people analytics" - has been gaining attention both for the appeal of faster, more efficient hiring, and for the legal risks it poses, such as class-wide disparate impact claims. This discussion will outline the potential liabilities lurking in people analytics, and strategies for minimizing your company's exposure.

Harassment Investigations When The Investigator Is On The Stand

Nancy Pritikin & Adam Rosenthal/Deborah Maddux/Brooks Beard
Sheppard Mullin Richter & Hampton LLP/Van Dermyden Maddux Law Corporation/VMware

Every employer faces the need to investigate an allegation of harassment. An important first question is who should investigate? If the matter turns into litigation the investigator will be a key witness; their report will be exhibit #1; they will be deposed; and will need to testify at trial. For these reasons, high-profile or high-risk cases often result in a call to the outside professional attorney investigator. Join us to see how a professional investigator stands up to cross-examination and the lessons to learn about how to conduct a winning case.

Whistleblower Update

Melissa Goodman
Haynes and Boone, LLP

Whistleblower protections are on the rise. Government oversight has dramatically increased and employees are more aware of their rights. This presentation will discuss current trends and developments affecting whistleblower and retaliation situations, including changes in the law you need to be aware of and best practices for responding to claims and handling litigation.

An In-House Counsel's Guide to Employee Investigations: Using Information Governance to Navigate Cloud-based Tools and Cross-Border Data Issues

Derek Duarte/Troy Dunham/A.J. Bedel
Blackstone Discovery/Adobe Systems Inc./Hulu, LLC

Employment disputes are traditionally seen as expensive altercations with little promise of return, leading to little support for the resources and controls necessary to defend against them. However, the risk of data exfiltration and bloats in eDiscovery spend are real problems that can, and should, be addressed prior to litigation. This discussion will explore preemptive remedies to common concerns, from discussions on BYOD considerations to the protocols/policies/systems that can help counsel tackle these issues before they manifest.

Trade Secrets Is The New Black: Employee Mobility and the DTSA

Christopher Banks, Mark Krotoski & John Gorman
Morgan, Lewis & Bockius LLP

Silicon Valley's highly mobile workforce poses a tremendous challenge for protecting company trade secrets. This presentation will review current trends and developments, especially since enactment of the Defend Trade Secrets Act earlier this year created a new seizure order authority.

Please Note: Program details are subject to change without notice

2016 Participating Law Firms & Companies