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Saturday, June 27

   Wednesday | Thursday | Friday

7:30–9:00 a.m.

Registration & Continental Breakfast

9:00–10:15 a.m.


Strategies For Handling Post-Settlement Setbacks
Moderator/Speaker: Nieves Bolanos
Speakers: Linda M. Correia & Lori Deem
You have finally got to a number—settlement is reached, but then come the non-monetary terms. This session will explore how to maximize your client's recovery and issues that every practitioner needs to consider during negotiations and settlement. Our experts will provide guidance and updates on how to broach some of the most problematic issues relating to non-monetary terms in settlement negotiations, including confidentiality, anti-disparagement, and indemnification clauses; reporting unemployment compensation; and IRS and Medicare/Medicaid obligations and disclosures. Learn what settlements require court approval, what terms to incorporate, and those to avoid for your next settlement agreement.

Planning Discovery In Individual Discrimination & Wrongful Termination Cases
Moderator/Speaker: Marvin E. Krakow
Speakers: Jennifer I. Klar & Michael J. Leech
This presentation is for lawyers and paralegals, new and experienced, to help you identify better ways to prepare cases for trial and motion practice. Our speakers will focus on often overlooked issues including informal information gathering during initial case evaluation, identifying witnesses, obtaining witness statements and documents before filing suit, using administrative agencies to gather information, online investigation, informal discussions with opposing counsel, identifying missing evidence at the time of drafting a demand letter and when drafting a complaint, as well as using project management, checklist techniques and case management meetings in federal court and arbitration with the overarching goal of improving discovery outcomes.

Emotional Distress Damages: Discovery, Proof Issues & Maximizing Your Client's Recovery
Moderator/Speaker: Steven E. Wolfe
Speakers: Neil L. Henrichsen & Debra E. Schwartz
Employment cases provide unique issues in proving emotional distress damages. The plaintiff's attorney, treating therapist, and experts must be careful in walking the minefield to avoid worker's compensation exclusions and maintain a legal basis for recovering emotional distress damages. Our panel of NELA lawyers will explore issues such as assessing "garden variety" and more serious emotional damages; discovery protection and disclosure; the psychiatrist/ patient privilege; issues related to the plaintiff's expert (e.g., selection, treating v. non-treating expert, and deposition preparation); conducting an IME of the plaintiff; defense expert issues; and trial issues (e.g., proof of damages, developing compelling testimony, and cross-examination of a defense expert).


Strategies For Representing Whistleblowers In The Federal Government
Moderator/Speaker: Jason Zuckerman
Speakers: Michelle Bercovici & Thomas M. Devine
After a 13-year legislative campaign, Congress finally and unanimously passed the Whistleblower Protection Enhancement Act (WPEA), which broadens the scope of protected conduct under the Whistleblower Protection Act (WPA), authorizes uncapped compensatory damages in WPA actions, establishes all-circuit review, and expands Individual Right of Action rights. Our speakers will discuss the impact of the WPEA, offer tips for representing whistleblowers before the U.S. Office of Special Counsel and the Merit Systems Protection Board, and discuss the role of Inspectors General in investigating whistleblower disclosures and assisting whistleblowers.


Sexual Harassment & Assault Under Title IX
Moderator/Speaker: Nina T. Pirrotti
Speakers: Kristen Galles & Jennifer A. Reisch
Title IX of the Education Amendments of 1972 (Title IX) prohibits discrimination on the basis of sex in education programs and activities at all levels of academia. All public and private schools receiving any federal funds must comply with Title IX. Under Title IX, discrimination on the basis of sex includes sexual harassment or sexual violence, such as rape, sexual assault, sexual battery, and sexual coercion. Not many private practitioners are currently litigating these cases despite the need and even though attorneys' fees are available. While these cases are not unlike Title VII sexual harassment and retaliation cases, there are some important differences. Our experts will provide a primer for litigating Title IX causes of action.


Some Things Old, Some Things New: (Re)Emerging Issues Of "Race" In Title VII Race Discrimination Cases
Speakers: Professor D. Wendy Greene & Alicia K. Haynes
Interestingly, the elephant in the room when discussing race discrimination is often "race" or rather "what is race?" This question generally goes unanswered, as many people are of the opinion that defining race is inherently easy—"we know it when we see it." In several types of employment discrimination cases, however, before we can address the issue of whether the employer's policy, decision, or practice constitutes unlawful race discrimination, lawyers and judges must deal with this fundamental question: What is race and how do we define it? Over the past 50 years since Title VII's enactment, simplistic notions of race—proffered by plaintiff- and defense-side practitioners as well as judges—have complicated employment discrimination practice and theory. This presentation will investigate the state of "race" in Title VII race discrimination cases by examining instances where the definition and classification of race have been critical to the viability of recent Title VII race discrimination cases.

10:30 a.m.–10:45 a.m.

Raising Our Voices For Change!
Speakers: Laura M. Flegel, NELA Legislative & Public Policy Director & Roberta L. Steele, NELA Program
NELA is raising our voice for change in courtrooms around the country and on Capitol Hill. Learn how you can become involved in NELA's advocacy initiatives, including our Amicus, Judicial Nominations and Legislative & Public Policy Programs, so we can advocate together for equality and justice in the American workplace.

10:45 a.m.–12:00 p.m.

The Changing FRCP: What Every Litigator Needs To Know
Moderator: Joseph D. Garrison
Speakers: Judge David G. Campbell, Judge John G. Koeltl & Justice David E. Nahmias
The amendments to the Federal Rules of Civil Procedure are poised for adoption. There have been major changes to the originally proposed amendments and every litigator ought to know about them because these amendments will re-shape the landscape of the litigation process, especially discovery practice. The amendments were approved in May by the Judicial Conference's Committee on Rules of Practice and Procedure and are now expected to be implemented without further revisions. The new rules, taken together, should promote faster and more efficient case management, with tighter deadlines to serve the summons and complaint; require earlier scheduling conferences with contemporaneous discussions involving the courts and attorneys, and possibly earlier discussions between attorneys about requests for production.

 12:00 p.m.

Convention Adjourns: Closing Remarks By Paul H. Tobias

   Wednesday | Thursday | Friday
  Program subject to change without notice.