ELLG Agenda - October 2011

Thursday, October 6, 2011

8:30 am Continental Breakfast

9:00 am Welcome, Announcements and Introductions
Nita Beecher, Chair EL&LG, ORC Networks

9:15 am Latest on Legislative and Regulatory Issues
Nita Beecher, ORC Networks

Gender pay discrimination is the primary focus of EEOC and OFCCP as new regulations are requiring employers to provide more data for analysis. The agencies are attempting to work more closely together especially within the DOL. David Fortney will be speaking later today as to what employers should focus on based on the current regulatory climate.

Topics:

• OFCCP activity
  - Changes to scheduling letter and ANPRM on compensation data
  - Proposed Section 503 changes and problems with ADAAA
  - Proposed VEVRRA changes
• EEOC activity
  - Update on EEOC compensation data gathering project
• What does Wal-Mart v. Dukes mean for class action employment litigation?
Bruce McLanahan, ORC Networks
Bruce is going to provide an overview on the Dukes case and will return later to discuss what the Supreme Court will be reviewing in 2011-2012 Term
• Dramatic Pro-Complainant Changes in the Interpretation of SOX Whistleblower Law
Mike Delikat, Orrick
Mike will update members on the challenges under the new SEC whistleblower law

10:45 am Break

11:00 am It’s Raining Regulations!
David Fortney, Founding Partner, Fortney & Scott

David Fortney, Washington insider, will provide members with a “just-in-time” update of what they need to know about activity in Washington. David in a meeting with your EEO leaders said it would be “raining” regulations in 2011. David’s
prediction has come true and he will provide insight into what employers should focus on as they try to make sense of these many regulatory activities.

12:30 pm Lunch
Mercer Dining Room

2:00 pm Member Roundtable Discussion
Facilitated by Nita Beecher, ORC Networks
Topics:

• Update on proposed changes to FLSA, IBM
• Member discussion on Boeing NLRB case and potential impact on their operations
• Social media and corporate policies
  - Privacy and cell phones
  - NLRB attorney general opinion
  - Kraft policies?
• Discussion on what members are doing on compensation analysis
• Issues for corporate lawyers with international responsibility
• Other topics as recommended by members

3:30 pm Break

3:45 pm Supreme Court
Bruce McLanahan, Chair Emeritus, ORC Networks

Bruce will review the Supreme Court cases since our last meeting and will highlight the employment law cases on the Court’s docket for 2011-2012. Bruce will evaluate which ones should be of concern to members.

4:10 pm Roundtable continues
Nita Beecher, Mercer ORC Networks

5:00 pm Adjourn/Cocktail Party @ Mercer

6:30 pm ORC Networks No-Host Dinner
Del Frisco’s, 1221 Avenue of the Americas, New York, NY
http://www.delfriscos.com/new_york-menu.php

Friday, October 7, 2011

8:00 am Continental Breakfast

8:30 am Management of the Legal Function – Roundtable Discussion for In-House Counsel Only
Facilitated by In-House Counsel and Nita Beecher, ORC Networks
Topics:

• How does Dukes impact litigation strategy for members?
• How are members managing downturn and increased workloads?
• Any innovative ideas around managing legal costs?
• Topics as suggested by members

9:30 am Ethics
Chris Mills, Fisher & Phillips

Chris Mills, a longtime member and friend of ORC Networks, will provide members an in-depth focus on those aspects of Ethics which most affect in-house counsel members. Remember there will be something involving “sex” in every Ethic presentation!

10:30 am Break

10:45 am ERISA
Bruce McLanahan, ORC Networks

ERISA continues to be a fruitful area of litigation as employees sue over cuts in benefits as well as investment losses.

11:10 am Selected Important Employment Cases and Issues
Nita Beecher and Bruce McLanahan, ORC Networks

Nita and Bruce will discuss other important issues which have occurred since the last meeting as well as those raised by members.

12:00 pm Meeting Adjourns

Save the Date for the 2012 Winter ELLG Meeting
February 9-10
1166 Avenue of the Americas