2018 All Hands Meeting
October 16 Session
HR/Employment Law Track Agenda

9:00AM-10:00AM   Room 209
The Supreme Courts Hath Spoken: How Should Businesses Deal With The Aftermath of Dynamex, Epic Systems, and Troester?

Paul Cowie & Patricia Jeng/Muizz Rafique
Sheppard Mullin Richter & Hampton LLP/Coinbase, Inc.

The U.S. and California Supreme Courts have recently issued several game-changing decisions that will have significant ramifications for almost every business in California. Learn about the newest updates related to Dynamex, which set forth a new test for classification of employees in California -- how trial courts have since applied the ABC test, practical solutions that businesses have adopted to limit liability, and industries fighting back on the decision. Hear about how businesses are dealing with arbitration agreements after Epic Systems, potential legislation limiting mandatory arbitration agreements, other anticipated trends in light of the “me too” movement, and how that may impact class action waivers. And, delve into how Troester really impacts California’s de minimis rule. This session will discuss the practical approaches employers have adopted to deal with these recent decisions – and the inevitable PAGA actions that follow -- which are creating more challenges than ever for employers.

10:30AM-12:00PM   Room 209
#PayMeToo: Navigating workplace harassment, pay equity and crisis management

Melinda Riechert & Grace Speights
Morgan, Lewis & Bockius LLP

Media reports of workplace sexual harassment and pay equity gaps have captured the public and legislature's attention. As more sexual harassment claims come to light-with sometimes very public consequences-many employers are seeking a more proactive approach to reviewing harassment policies, response plans and practices, and workplace culture. In the current climate, it would be prudent for all organizations to assess risk factors and implement measures and policies to minimize risks related to workplace harassment and misconduct. Additionally, we will review trends in pay equity claims and litigation and consider potential areas of employee challenge to employers' pay practices. These issues, among others, have the potential of garnering significant backlash from the media and public, and we'll address best practices for managing a crisis if and when a situation occurs.

1:30PM-2:15PM   Room 209
Global Employment in An Upside-Down World

Dean Fealk & Ute Krudewagen/Nicole Armstrong
DLA Piper/Pure Storage, Inc.

This panel will address strategies to develop global workforce policies in a fast-changing (and sometime contradictory) world.  In particular, we will discuss strategies to tackle new legal developments impacting global workforces and the tension between implementing global policies that outline company policies and procedures in a consistent manner with the need for local law compliant policies and procedures that take into account local laws and cultures.  The types of issue we will address include:
  • Lessons (Un)Learned? global compliance – global codes of conduct, FCPA/Anti-bribery
  • Blowing in the Wind? whistleblower policies – including new rules and requirements in various EU jurisdictions
  • Know Thy Employee’s Data? data privacy & employee monitoring – what’s new after GDPR?
  • Avoiding the Spotlight of Shame? #metoo – harassment policies and procedures
  • The More Policies the Merrier? handbooks, work rules & internal regulations – do you need them?
  • Share and Shares Alike? benefits policies and practices – how about your stock compensation?
  • The Long Good-Bye? Liquidity Events and Exits - do you want global severance, performance management or change of control policies?
  • Globalization in Retreat? What is the possible fall-out of the trade war(s) – are your policies ready?

2:20PM-3:05PM   Room 209
Managing Employment Issues in Mergers & Acquisitions

Seth Neulight
Nixon Peabody LLP

Mergers and acquisitions are complex transactions that raise a variety of employment-related concerns and potential liabilities for both the buyer and seller. This presentation will provide an overview of key employment issues that arise in M&A deals and best practices for managing them.

3:30PM-4:30PM   Room 210
Federal Investigations in 2018: How to Respond When The Government Comes Knocking and Why Compliance Conquers

Brian Stretch & Peter Huston/Saretta McDonough
Sidley Austin LLP/Intel Corporation

In this presentation, two former Department of Justice counsel - a former U.S. Attorney for the Northen District of California and a former First Assistant U.S. Attorney - join with an in-house expert to share their perspectives for engaging, avoiding and predicting the DOJ's priorities for companies in the technology and life science sectors.

Please Note: Program details are subject to change without notice

2018 Participating Law Firms & Companies