31st National Conference on Employment Practices Liability Insurance - WEB

SPEAKER FACULTY

Michelle Arbitrio

Partner

Wood, Smith, Henning, & Berman LLP

Magdalen Bickford

Member, Chair Labor and Employment Group McGlinchey Stafford

Raymond Cashman, Esq., CPCU Director, Management Liability and Specialty Claims Nationwide

David V. Cascio Partner Laner Muchin

Sarah Y. Cho

Assistant Vice President, Global Inclusion Programs Chubb

Harry Coleman, FLMI Director, Head of Structured Settlements Products MetLife

Mercedes Colwin Partner

Gordon Rees Scully Mansukhani LLP

Claudine R. English, Esq. Vice President, Employment Practices Liability, Crime, and Fidelity Product Officer, Financial Lines – Technical Underwriting Zurich North America

Lyndsay M. Ganz

Senior Claims Specialist, Counsel, Management Liability Claims Markel

Kristi Mackin Galletti Senior Claims Specialist AXA XL

Beth Mabe Gianopulos

Senior Associate, General Counsel

Atrium Health Wake Forest Baptist

Victoria Gorokhovich

Managing Counsel, Labor and Employment PSEG Services Corporation

Paul Gouge, CIPT

Cyber Risk Control Consulting Director CNA Insurance

John W. Hamlin, Esq. Chief Counsel, Employment, Benefits and Governance Marsh & McLennan Companies, Inc.

Thomas Hams

Managing Director, National EPLI Practice Leader Aon

Marvin Kaplan Board Member National Labor Relations Board (NLRB)

Continuing Legal Education

Credits

Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

Jonathan Kurens, Esq. Senior Vice President Marsh USA inc.

Laura R. Lapidus, Esq. Management Liability (EPL) Risk Control Director CNA Insurance

Stephen Malone

Vice President, Legal, Employment and Corporate Affairs

Fox

Joni F. Mason

Partner, Senior Vice President, National Practice Leader – Claims USI Insurance Services

Mary Anne Mullin

Senior Vice President

QBE Insurance

Bradford Newman Partner Baker McKenzie

Alyssa Pianelli

Vice President –FSG Legal and Claims Aon

Steven Pearlman

Partner, Co-Head, Whistleblowing & Retaliation Group Proskauer Rose LLP

Bonnie Pierson-Murphy Vice President and Assistant General Counsel IBM

Rhonda Prussack

Senior Vice President and Head of Fiduciary and Employment Practices Liability Berkshire Hathaway Specialty Insurance

Marjory Robertson

Assistant Vice President & Senior Counsel Sun Life Financial

Timothy K. Smit, CIPP/C/E/US, CISSP, FIP

Global Privacy and Cyber Risk Consulting Practice Leader Lockton Companies

Keith E. Sonderling

Commissioner EEOC

Heidi Urness Partner McGlinchey Stafford PLLC

Davida S. Perry Managing Partner Schwartz Perry & Heller LLP

Alexander Wood

Legal Director, Employment Law PepsiCo

Jason Zuckerman Principal Zuckerman Law

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

Questions about CLE credits for your state? Visit our online CLE Help Center at www.AmericanConference.com/ Accreditation/CLE/

DAY ONE: Tuesday, January 24, 2023

8:45

Co-Chairs’ Opening Remarks

microphone-alt John W. Hamlin, Esq., Chief Counsel, Employment, Benefits and Governance, Marsh & McLennan Companies, Inc.

Mercedes Colwin, Partner, Gordon Rees Scully Mansukhani LLP

9:00

The Return to Work: Addressing Evolving Risks Around Operations in a Multi-Generational, Employee-Powered Environment

microphone-alt

Marjory Robertson, Assistant Vice President & Senior Counsel, Sun Life Financial

Claudine R. English, Esq., Vice President, Employment Practices Liability, Crime, and Fidelity Product Officer, Financial Lines – Technical Underwriting, Zurich North America

Alexander Wood, Legal Director, Employment Law, PepsiCo

Magdalen Bickford, Member, Chair Labor and Employment Group, McGlinchey Stafford

Employers, insurance companies, underwriters & brokers are all continuing to reevaluate a return to work amid the new-normal of the post-COVID workplace and workforce. What are the vagaries of today’s return-to-office, hybrid, and fully remote workforce models and how are employers successfully updating employee protocols and reengaging with a more employee-empowered workforce?

• The new normal of the hybrid/remote workforce

» The importance of addressing mental health of the workforce post-pandemic: Policies and protocols for managers

» Navigating the pros and cons of remote supervision

♦ Piloting increased cyber risks

» Managing tax implications for cross-border remote workers

» The new world of remote work etiquette and harassment claims how to tackle them quickly

♦ Dress

♦ Harassment: Defining “inappropriate actions” in a remote world

♦

Manager training programs

» Keeping remote workers feeling invested and valued in an employee-empowered environment

• Creating clear return to the office programs: Who’s required to be in the office and why

» How do you restrict remote work without losing employee engagement/motivation?

» Managing and mitigating ADA claims for those employees who wish to remain remote

• The future of vaccination policies, ensuring health and safety while meeting accommodation requirements

10:00

EPLI Claims Trends Amid Remote/Hybrid Work and an Employee-Empowered Landscape: Accommodations, Retaliations, and New Categories of Employment Litigation

Two years in, has the pandemic spurred any novel employment-related litigation tools? How is the EPLI market evolving around the latest claims and trends? Are companies asking the right questions around their policies?

microphone-alt Rhonda Prussack, Senior Vice President and Head of Fiduciary and Employment Practices Liability, Berkshire Hathaway Specialty Insurance

Joni F. Mason, Partner, Senior Vice President, National Practice Leader – Claims, USI Insurance Services

Thomas Hams, Managing Director, National EPLI Practice Leader, Aon

Harry Coleman, FLMI, Director, Head of Structured Settlements Products, MetLife

• Litigation around pay compensation for onsite health screenings

» US DOL guidelines

» Fair Labor Standards Act guidelines

» Case studies out of CA

• Reimbursing employees for costs of equipment and utilities used while working from home: State litigation trends

• D&O claim trends: COVID implications, defense costs, cannabis, SPAC and deSPAC

• Disability discrimination and leave-related cases

» EEOC’s assessment of the continued viability of remote work

» ADA claims around website accessibility

» Mental health

• Claims surfacing around inadequate office pandemic prevention protocols

• The latest in religion and race-related retaliation

• Politically related claims trends

• Effective early case assessments:

» Predicting value of claim if litigated

» Defining costs of claim

» Resolving claims early: What do you need to know within the first 60 days

• Due to increased risks, are carriers exiting certain classes of business? Are there any new carriers in the market?

11:15

HANDSHAKE Extended Networking Break

11:45

Marijuana in the Workplace: Key Takeaways for Multi-Jurisdictional Marijuana Compliance

Where do employers currently stand around marijuana testing and compliance risk management? This session will scan a patchwork of US marijuana legalization developments as well as how some employers are creating more relaxed marijuana in the workplace policies amid such a piecemeal regulatory environment.

microphone-alt Lyndsay M. Ganz, Senior Claims Specialist, Counsel, Management Liability Claims, Markel

Heidi Urness, Partner, McGlinchey Stafford PLLC

• Medical marijuana expands across the Southeast and Midwest

» Mississippi Medical Cannabis Act

• California and lawful off-duty use: Indirect employment protections

• New York: Uncertainty surrounding how Section 201-d protections interact with the Marijuana Regulation and Taxation Act (MRTA)

• Washington D.C. B24-0109

• Puerto Rico’s disability discrimination statute (Law 44-1985)

• To what extent are claims on the rise: Setting the record straight on the present and future of liability risks

12:45

Utensils Networking Luncheon

2:00

SPECIAL INTERVIEW WITH THE EEOC

microphone-alt Keith E. Sonderling, Commissioner, U.S. Equal Employment Opportunity Commission (EEOC)

MODERATOR: Bradford Newman, Partner, Baker McKenzie

2:45

New Hurdles to Managing Whistleblower Claims in an Employee Empowered Environment: The Latest and Greatest in Defense Strategies for Public vs. Private Claims

microphone-alt Steven Pearlman, Partner, Co-Head, Whistleblowing & Retaliation Group, Proskauer Rose LLP

Jason Zuckerman, Principal, Zuckerman Law

• Developments in Sarbanes-Oxley whistleblower retaliation law

» The constantly evolving standard for protected activity

» How courts are applying causation standards

• Trends in state whistleblower laws

» CA relaxes its standard for proving whistleblower retaliation

» NY expands whistleblower protections in Section 740

• The SEC’s renewed focus on preventing employers from impeding whistleblowing through confidentiality agreements

• The new normal of the workplace: Risk and compliance, training and policy management

» Updating investigative strategies and internal policies for whistleblower claims

» Defending claims based on complicated fact patterns that implicate various legal disciplines

• Recent court opinions on whistleblower retaliation claims and variation among jurisdictions

3:30 Break

3:45

Cyber Security, IP and Proprietary Risks: Their Interplay with a Remote/Hybrid Work Workforce

microphone-alt Timothy K. Smit, CIPP/C/E/US, CISSP, FIP, Global Privacy and Cyber Risk Consulting Practice Leader, Lockton Companies

Paul Gouge, CIPT, Cyber Risk Control Consulting Director, CNA Insurance

This session will explore how to manage intensifying cybersecurity and data privacy risks posed by remote work.

• Securing proprietary information while employees work from home

• Determining the lengths and limits of employee access to company data

• Emerging biometric technologies that support remote workforce management and potential data privacy risks

• Reconciling the need to leverage new digital platforms with protecting sensitive, confidential data

• Overcoming obstacles to preserving attorney-client and work product privilege when working from home

• Retaining any recordings, especially of meetings: Legal obligations

4:45

The View from the Plaintiffs’ Bar: The Latest Trends and Claims Coming Down the Pipeline

microphone-alt MODERATOR: Raymond Cashman, Esq., CPCU, Director, Management Liability and Specialty Claims, Nationwide

Davida S. Perry, Managing Partner, Schwartz Perry & Heller LLP

5:30

Glass-Martini

Cocktail Reception Sponsored by

Wind down at the end of Day 1 and join your peers for networking and cocktails.

twitter: @ACI_Conferences linkedin: Financial Services: Legal, Regulatory, and Compliance Professionals

DAY TWO: Wednesday, January 25, 2023

9:00

Co-Chairs’ Opening Remarks

microphone-alt John W. Hamlin, Esq., Chief Counsel, Employment, Benefits and Governance, Marsh & McLennan Companies, Inc.

Mercedes Colwin, Partner, Gordon Rees Scully Mansukhani LLP

9:05

In-House Counsel Panel: Perspectives on Pressing, High Stakes Issues at the Forefront

microphone-alt Victoria Gorokhovich, Managing Counsel, Labor and Employment, PSEG Services Corporation

Bonnie Pierson-Murphy, Vice President and Assistant General Counsel, IBM

Beth Mabe Gianopulos, Senior Associate, General Counsel, Atrium Health Wake Forest Baptist

John W. Hamlin, Esq., Chief Counsel, Employment, Benefits and Governance, Marsh & McLennan Companies, Inc.

10:00

Political Speech in the Workplace: Critical Updates Around Dealing with Dobbs vs. Jackson and Union/Non-Union Employee Posturing

Expert panelists will be analyzing the evolving legal landscape and potential employee speech discrimination complications posed by the latest Dobbs vs. Jackson and employee unionizing developments.

microphone-alt Mary Anne Mullin, Senior Vice President, QBE Insurance

Kristi Mackin Galletti, Senior Claims Specialist, AXA XL

• Dobbs versus Jackson fallout

» Patchwork benefits and compliance

» Leave laws

» Discrimination claims

• Unionizing: Managing backlash between union/non-union employee debate

• Determining which policies are advisable or inadvisable for addressing political speech in the workplace

» Social media policies and procedures

» Dress

• Determining parameters that are lawful

• When and how far you can go in enforcing the policy

11:00 Break

11:15

Remote Workforce Monitoring: Avoiding Micro-Surveillance and Knowing the Laws and Potential Pitfalls Surrounding Its Use

From eliminating distractions to adding technological automation, there are numerous ways businesses can improve remote workplace productivity with tracking technology. But how do employers monitor without becoming oppressive? When can tracking technology backfire? And what are the potential employee retaliatory pitfalls?

microphone-alt Bradford Newman, Partner, Baker McKenzie

Stephen Malone, Vice President, Legal, Employment and Corporate Affairs, Fox

• Measuring outcomes–The results that are directly tied to business success. When data gained is the wrong data gained

• Building transparency into your employee monitoring programs: What programs will incentivize employees to work diligently in remote situations? New metrics, experimental approaches

• Avoiding an oppressive remote monitoring dynamic that might alienate employees

• Confidentiality/employee privacy concerns: Legal landmines

» Federal workplace privacy and employee monitoring regulations: ECPA

» State data privacy regulatory trends: CA, CO, CT, UT, and VA

12:15

SPECIAL INTERVIEW WITH THE NLRB

microphone-alt Marvin E. Kaplan, Board Member, National Labor Relations Board (NLRB)

12:45

Utensils Networking Luncheon

1:15

Pay Equity and Transparency: Dissecting Recent Defense Wins/ Losses and The Lesser-Known Lessons for Addressing Wage Disparities

microphone-alt Jonathan Kurens, Esq., Senior Vice President, Marsh USA inc.

Laura R. Lapidus, Esq., Management Liability (EPL) Risk Control Director, CNA Insurance

David V. Cascio, Partner, Laner Muchin

• Analyzing newly rolled-out state laws and changes to standards for pay transparency: CA SB1162, NY, WA, CO

• Impact of the pandemic: Impact of job losses on data, state of C-suite executive pay

• Evaluating racial and ethnic pay differences amid social justice issues

• Impact of tight labor market: Starting salary and retention pay decisions

• Steps to taking a proactive stance toward releasing pay data publicly

• Defending and covering pay equity claims intermingled with gender discrimination claims

• The new, emerging trends in pay equity litigation and what is coming down the pipeline

2:15

Diversity, Equity and Inclusion: Return to Work through a DE&I Lens

microphone-alt Alyssa Pianelli, Vice President – FSG Legal and Claims, Aon Michelle Arbitrio, Partner, Wood, Smith, Henning, & Berman LLP

Sarah Y. Cho, Assistant Vice President, Global Inclusion Programs, Chubb

• Significant regulatory developments, settlements, and litigation activities involving the EEOC

• Automated employment decision tool law compliance trends

» New York limits digital tools in recruiting with its Automated Employment Decisions Tool Law

• Examples of recent court decisions and legal challenges: Key lessons learned

• Navigating local laws and labor agreements

• Toeing the line around bona fide occupational qualification exceptions

• Understanding time limits around discrimination claims under state and federal law

• Return to work through a DE&I lens: The design and delivery of custom educational programs, culture scans, and support for the development and/or restructuring of diversity and inclusion policies, programs and practices

3:15 Close of Conference

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Venue Information

The Westin New York Grand Central, 212 East 42nd Street, New York, NY, 10017

Phone: 1 (800) 937-8461 or (212) 490-8900

American Conference Institute is pleased to offer our delegates a limited number of hotel rooms at a negotiated rate. To take advantage of these rates, please contact the hotel directly and quote "ACI's EPLI".

Please note that the guest room block cut-off date is January 9, 2023. After that date OR when the room block fills, guestroom availability and rate can no longer be guaranteed.

WORRY FREE Registration GUARANTEE

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Register and pay to lock in your early rate and be eligible for a full refund until January 13, 2023.

If you are unable to attend for any reason, you will have the following options:

y A full credit note for you, or a colleague to attend another event.

y A full refund.

All cancellations and changes must be submitted to CustomerService@CanadianInstitute.com by January 13, 2023.

NOTE THE FOLLOWING PANDEMIC-RELATED PROTOCOLS:

ACI conferences and events will be organized in accordance with the latest health and safety regulations, guidelines, and recommendations, directed by the CDC and local government authorities. Attendees are advised to consider their personal health needs.

Attendees are asked to self-screen in the days leading up to, before and after attending an ACI event and/or conference.

We will continue to monitor the health situation and relevant authorities. Changes to health and safety measures may be made by ACI at any time as required.

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CHEVRON-DOUBLE-RIGHT Attend live sessions , ask questions, comment in the chat function , and take part in live polling.

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Enter this area to be paired up at random with other attendees for a quick video meet-up.

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Government Updates and Q&A With:

Keith E. Sonderling

Commissioner

U.S. Equal Employment Opportunity Commission

Marvin E. Kaplan Board Member National Labor Relations Board (NLRB)

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Join scheduled “1:1 Networking” sessions. They are an interactive way to expand your network of peers.

Engage with solution providers of all kinds by visiting the “Expo” to watch videos and live demonstrations, and for face-to-face conversations.

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