19TH ANNUAL EMPLOYMENT LAW UPDATE

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1 19TH ANNUAL EMPLOYMENT LAW UPDATE CO-SPONSORED WITH THE LABOR & EMPLOYMENT LAW SECTION OF THE ALABAMA STATE BAR November 16, 2012 Wynfrey Hotel Birmingham, Alabama 6.0 CLE hours, including 1 hour of ethics WHAT YOUR PEERS HAVE SAID ABOUT THE PROGRAM: WELL-RUN PROGRAM WITH DIVERSE AND INTERESTING TOPICS--ALL SPEAKERS WERE TOP NOTCH! EVERY PRESENTER WAS EXTREMELY KNOWLEDGEABLE AND WELL-PREPARED. GREAT JOB, AS USUAL! INFORMATIVE, HELPFUL, ENGAGING SPEAKERS. TIMELY TOPICS AND THE INFORMATION GATHERED WAS NEEDED!

2 AGENDA Mac B. Greaves, Program Co-chairperson Burr & Forman LLP, John D. Saxon, Program Co-chairperson John D. Saxon, P.C., 8:00 Check-in and Continental Breakfast 8:30 Alabama s Revised Immigration Law Jennifer J. McGahey 9:30 Employment Issues in State Court General Tort and Contract Claims Retaliatory Discharge Under Workers Compensation Act Alabama Age Discrimination in Employment Act John D. Saxon, Moderator John D. Saxon, P.C. Honorable Caryl P. Privett 10th Judicial Circuit Honorable J. Scott Vowell 10th Judicial Circuit 10:30 Networking Break 10:45 Hot Topics: Whet Your Appetite FLSA Settlements: Putting the Cork in the Bottle Sexual Harassment: Sex in the City NLRB: An Employee s Facebook Friend Triple Threat: Interplay of Workers Comp, FMLA, and ADA Railroad Safety Act and Retaliation Wyndall A. Ivey, Moderator The Ivey Law Group David R. Arendall Arendall & Associates J. Adam Clayton John D. Saxon Farris, Riley & Pitt, L.L.P. John D. Saxon, P. C. Matthew W. Stiles David T. Wiley Lehr Middlebrooks & Vreeland, PC Jackson Lewis LLP Anne Yuengert 12:15 Lunch in the Chicory Grill with Topic Tables for a Continuation of the Hot Topics Discussion 1:15 Sex, Drugs & Rock-n-Roll: The Impact of Social Media in an Employment Case from Start to Finish Obtaining Employee Passwords to Social Media Sites How Judges Control the Use of Social Media During a Trial

3 Daniel J. Burnick Heather N. Leonard Sirote & Permutt, PC Heather Leonard, P.C. Honorable John E. Ott United States District Court Northern District of Alabama 2:15 Networking Break 2:30 Pilot Initial Discovery Protocols for Employment Cases Alleging Adverse Actions Professor Herman N. Rusty Johnson Cumberland School of law 3:00 Ethical Dilemmas for Litigators During Discovery and Trial: The panel will respond to ethical dilemmas presented in videorecorded vignettes focusing on best practices under the ABA Model Rules of Professional Conduct and ACTL Code of Pretrial Conduct. Topics include: Conflict of Interest Terminating Representation Fairness to Opposing Counsel Professionalism Presented by Members of the Alabama Chapter of the American College of Trial Lawyers Randal H. Sellers, Moderator Starnes Davis Florie, LLP Honorable Donna S. Pate 23rd Judicial Circuit Huntsville, AL Justice R. Bernard Harwood, Jr. Rosen Harwood, P.A. Tuscaloosa, AL Alan T. Rogers Balch & Bingham, LLP 4:00 Adjourn LEARN THE FOLLOWING HOW THE ADA AMENDMENTS EXPAND THE SCOPE OF THE LAW S PROTECTION HOW TO NAVIGATE THE USE OF SOCIAL MEDIA IN LIGHT OF THE NLRB POSITION ON CONCERTED ACTIVITIES HOW TO COMMUNICATE WITH PLAINTIFFS OVER SETTLEMENT AND CHECK DISTRIBUTION IN A FLSA CASE THE BENEFITS AND DETRIMENTS OF THE PILOT DISCOVERY PROCEDURES

4 PLANNING COMMITTEE Mac B. Greaves, Program Chairman Burr & Forman LLP John D. Saxon--Chairperson John D. Saxon, P.C. David R. Arendall Arendall & Associates Windy Cockrell Bitzer Hand Arendall LLC Stacey Bradford Littler Mendelson, P.C. Henry Hodge Brewster, Jr. Henry Brewster, LLC Daniel J. Burnick Sirote & Permutt, P.C. Joseph Charles Guillot McPhillips Shinbaum, LLP Alicia K. Haynes Haynes & Haynes Wyndall A. Ivey The Ivey Law Group Herman N. Rusty Johnson Cumberland School of Law Walter Allen Kelley Wilmer & Lee, PA Heather Newsom Leonard Heather Leonard, P.C. Upcoming Live Seminars: Gerald L. Miller Equal Employment Opportunity Commission Stanley Jay Murphy Murphy & Murphy LLC Byron R. Perkins Perkins-Law, LLC Adam M. Porter Adam Porter Law Kerri Johnson Riley Yarbrough Office Center Temple D. Trueblood Wiggins, Childs, Quinn & Pantazis Albert L. Vreeland, II Lehr Middlebrooks & Vreeland Elmer E. White III The Kullman Law Firm David Turner Wiley Jackson Lewis LLP Cynthia F. Wilkinson Wilkinson Law Firm Ms. Tamula Renee Yelling Constangy, Brooks & Smith, LLC Anne R. Yuengert Nov. 30 The Jere F. White, Jr. Trial Advocacy Institute Dec. 7 Trends in Commercial Real Estate Law 2012 Dec. 14 Insurance Coverage Issues for the Practicing Lawyer Dec. 20 CLE by the Hour Dec. 28 CLE by the Hour Online Courses Cumberland CLE offers a wide range of online CLE courses. Conveniently view anytime, anywhere, in increments of time that are convenient for you, and without the time and expense of travel away from your office. Pursuant to Alabama CLE Rule , you can receive half (6) of your CLE credit hours per year online. Start earning 2012 credit now! Go to and select Online, On-demand Courses. Samford University is an Equal Opportunity Institution that complies with applicable law prohibiting discrimination in its educational and employment policies and does not unlawfully discriminate on the basis of race, color, sex, age, disability, veteran status, genetic information, or national or ethnic origin.

5 REGISTRATION Online: or scan this code Phone: or Fax: Mail: Cumberland School of Law CLE, P.O. Box , Annual Employment Law Friday, November 16, 2012 o $299 Advance Registration/Save Money (includes code to download and print course materials 48 hours prior to the seminar) o $349 Add $50 (includes hard copy of course materials) o $319 Registration at the door (includes course materials on a flash drive, no hard copy) o $50 I cannot attend. Please send me the course materials on a flash drive. Mr./Ms./ (please circle) First name Last name Alabama State Bar ID # ASB Firm/Agency Address City State ZIP Phone Fax o Check enclosed (payable to Cumberland School of Law CLE) Check # o Visa o MasterCard o Discover o American Express Card # Exp. Date Security Code (3- or 4-digit code in signature panel) Name as it appears on card Signature CLE credit: Approved for 6.0 hours of CLE credit in Alabama, including 1.0 ethics hour. Cancellations and refunds: Prepaid registration fees will be refunded, upon request, up to 48 hours before the beginning of the seminar. Arrangements for substitutions may be made anytime prior to the seminar. Nonlawyers welcome: Cumberland School of Law CLE programs are designed for practicing attorneys but other professionals are welcome to attend. Services for people with disabilities: Please contact the CLE office at or lawcle@samford.edu. Directions:

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