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7:00–8:30 a.m.
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Registration
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8:30–8:45 a.m.
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Welcome & Opening Remarks
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8:45–10:15 a.m.
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Successfully Representing Undocumented Workers In Employment Litigation: Yes You Can!
Moderator & Speaker: Bill Beardall
Speakers: Alejandro Caffarelli & Jim Knoepp
This session will explore the effects of immigration status on employment litigation and offer practical techniques to represent undocumented workers successfully. Topics include methods for assessing the immigration-related risks of litigation and counseling undocumented plaintiffs about those risks without exaggerating them; strategies for keeping immigration status out of the litigation; managing litigation, discovery, and proof issues; winning protective orders barring discovery of immigration status and educating judges on how to handle this issue properly; retaliation against plaintiffs still employed by the defendant; using the USDOL-ICE Memorandum of Understanding to your client's advantage; and concerns that arise in structuring settlements for undocumented workers and paying out litigation proceeds.
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10:30–11:30 a.m.
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The Cultural & Linguistic Dimensions Of Litigating Cases On Behalf Of Immigrant Workers
Moderator: Eve H. Cervantez
Speakers: Bryce W. Ashby, Karen Jo Koonan & J. Roberto Mendoza
Subtle and obvious cultural differences as well as language barriers can have a profound impact on all aspects of litigation, including assessing a plaintiff's credibility and case value, taking and defending depositions, presenting evidence to the court, and talking to the jury about the claims at trial. Our speakers will share their tips for incorporating these considerations into effective representation of immigrant clients.
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11:30 a.m.–12:45 p.m.
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Lunch (On Your Own)
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1:00–2:15 p.m.
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Representing Immigrant Workers In Sexual Harassment Cases
Moderator & Speaker: David L. Kern
Speakers: Mónica Ramírez & William R. Tamayo
Immigrant workers are especially vulnerable to illegal workplace treatment—including sexual harassment—and there are unique issues involved in prosecuting a sexual harassment claim on behalf of an immigrant worker. Our experts will discuss strategies and best practices for bringing winning cases and protecting your client.
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2:15–3:15 p.m.
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Overcoming Scorched-Earth Defense Tactics When Representing Immigrant Workers
Moderator & Speaker: Justin D. Cummins
Speakers: Laura R. Feldman & Jenifer J. (J.J.) Rosenbaum
Employers often defend employment cases of immigrants in an overly aggressive manner, including misusing discovery procedures under the Federal Rules of Civil Procedure based on the actual or perceived immigration status of plaintiffs and other improper considerations. Employers in these cases also seem more willing to pursue retaliatory counterclaims, improper witness contacts, and other intimidation tactics. Our veteran practitioners will discuss effective strategies for neutralizing these approaches and, moreover, using such tactics against employers as to both liability and damages.
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3:30–4:30 p.m.
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Somos Unidos! Effective Community, Private Bar & Government Partnerships
Moderator: Haeyoung Yoon
Speakers: Melvina C. Ford, Adam T. Klein & William R. Tamayo
Across the country, worker advocates are partnering with community organizations, unions, the private bar, and government agencies such as federal and state departments of labor, state Attorneys General, and state health and safety administrators to protect immigrant workers. These innovative collaborations can yield terrific results for workers and strong cease-and-desist orders against employers. Our panelists will lead a discussion of how to leverage these resources and on‐the‐ground know‐how as well as the challenging legal, strategic, and ethical aspects of these relationships.
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4:30 p.m.
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Adjournment
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