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In-Person Program

13th Annual Employment Law Conference 2010

Everything new affecting your practice

Friday, 12/10/2010, 9:00 am - 5:00 pm
MCLE Conference Center, Ten Winter Place, Boston
7 substantive credits, 0 ethics credits
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Product Description

Employment law has seen many changes in the past year, and you won't want to miss this opportunity to efficiently catch up on all of the latest developments, as well as a chance to gain insight about trends on the horizon. MCLE's 13th Annual Employment Law Conference features expert practitioners who provide you with everything you need to know to keep your employment law practice up-to-date.

Learn about the effect of new statutes, regulations, and MCAD policies and procedures. Hear about current philosophies, assessments, and strategies in dealing with a variety of practical employment law issues. Registrants can select from workshops that focus on a variety of emerging issues in employment law practice. Customize the Conference to meet your particular needs. Conference highlights include discussions of the current Administration, and a special networking reception for faculty and registrants.

8 panels & workshops

  • Discrimination Law Update
  • Keynote Panel: Non-Compete Litigation
  • Contract, Tort, and Legislative Update
  • Developments at the MCAD
  • Hot Topics and Emerging Issues in Employment Law
  • Discovery: The Black Hole
  • Wither Disparate Impact?
  • Executives and the Massachusetts Wage Act

Conference schedule, Friday, December 10, 2010

9:00 a.m. - 9:15 a.m.

Welcome and Introduction (Webcast)
  • Jaclyn L. Kugell, Esq.
  • Katherine J. Michon, Esq.

9:15 a.m. - 10:15 a.m.

Discrimination Law Update (Webcast)
  • Jody L. Newman, Esq.
  • David B. Wilson, Esq.

10:15 a.m. - 10:30 a.m.

Networking Break

10:30 a.m. - 11:30 a.m.

Keynote Panel: Non-Compete Litigation-Learn from the Experts (Webcast)
  • Russell Beck, Esq
  • N. Jay Shepherd, Esq.
  • Hon. Allan van Gestel (Ret.)
  • Mark M. Whitney, Esq.

11:30 a.m. - 12:45 p.m.

Contract, Tort, and Legislative Update (Webcast)
  • Brigitte M. Duffy, Esq.
  • Marc D. Freiberger, Esq.
  • Elizabeth A. Rodgers, Esq.

12:45 p.m. - 1:45 p.m.

Lunch Break (on your own)

1:45 p.m. - 3:00 p.m.

Developments at the MCAD (Webcast)
Join us for a lively discussion regarding practice issues during the investigation process and public hearing. And hear from some of the newest voices at the MCAD.

  • Julian T. Tynes, Esq., Chairman
  • Sunila Thomas-George, Esq., Commissioner
  • Jamie R. Williamson, Commissioner
  • Joel J. Berner, Esq., Chief of Enforcement
  • Eugenia M. Guastaferri, Esq., Senior Hearing Officer
  • Catherine C. Ziehl, Esq., General Counsel
  • Rebecca Shuster, Director of Training
  • Moderator: Brian J. MacDonough, Esq.

3:00 p.m - 3:15 p.m

Networking Break

3:15 p.m p.m. - 4:00 p.m.

Breakout Session I (Choose One)

3:15 p.m p.m. - 4:00 p.m.

Hot Topics and Emerging Issues in Employment Law (Webcast)
Explore new theories on and interpretations of the hot issues confronting employment law practitioners today. Evolving and undecided legal issues continue to foster debate among advocates and await decisions in the courts. Find out about new approaches courts and agencies have taken in employment law claims.

  • Anne L. Josephson, Esq.
  • Robert M. Shea, Esq.

3:15 p.m p.m. - 4:00 p.m.

Discovery: The Black Hole
Get the edge on effective, practical strategies for discovery in employment discrimination cases. Discovery can be the most expensive, contentious, and protracted phase of litigation. Hear the faculty discuss important issues affecting your practice, such as: How much discovery is enough?; Surgical, effective approaches to discovery; What distinguishes winning depositions?; E-discovery tips; and Discovery strategies designed to win, or beat dispositive motions.

  • Michael L. Rosen, Esq.
  • Laura R. Studen, Esq.

4:00 p.m. - 4:15 p.m.

Networking Break

4:15 p.m. - 5:00 p.m.

Breakout Session II (Choose One)

4:15 p.m. - 5:00 p.m.

Wither Disparate Impact? (Webcast)
The Supreme Court's Lewis v. City of Chicago decision breathes new life into disparate impact litigation and may give rise to a new wave of cases. The EEOC has recently shown a renewed interest in enforcing its long-standing policy of reviewing the criminal history screening of job applicants under a disparate impact analysis. Hear the panelists discuss the Lewis decision's teachings, the impact of the EEOC's focus on criminal history, recent changes to Massachusetts CORI law, and other oft-used applicant screening practices, such as credit and social media background checks.

  • Nina J. Kimball, Esq.
  • Jean A. Musiker, Esq.

4:15 p.m. - 5:00 p.m.

Executives and the Massachusetts Wage Act
Employers face mandatory treble damages for a violation under the Massachusetts Wage Act. Executives are often terminated without being paid bonuses, commissions, and/or other forms of compensation. The unresolved question remains-under what circumstances can such non-payment violate the Wage Act? This discussion focuses on the current case law, drafting considerations, and practical advice when dealing with a potential Wage Act violation impacting an executive.

  • Philip J. Gordon, Esq.
  • John T. McCarthy, Esq.

5:00 p.m.

Networking Reception for Faculty & Registrants

Table of Contents



Joel J. Berner, Esq., U.S. Department of Education, Office for Civil Rights, Boston
John T. McCarthy, Esq., Sanzone & McCarthy LLP, Wellesley
Julian T. Tynes, Esq., Massachusetts Department of Transportation, Commonwealth of Massachusetts, Boston
Hon. Allan van Gestel, JAMS, Boston
Jamie R. Williamson, Massachusetts Commission Against Discrimination, Commonwealth of Massachusetts, Springfield



  • $275
  • $245 MCLE Sponsor Members
  • $195 New lawyers admitted to law practice after 2005, pending admittees and law students
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