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2019 Legal Academy
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2019 Legal Academy

2019 Legal Academy
Valo Park Office Building - Auditorium
7950 Jones Branch Drive
Mclean, VA 22102

Parking:   Please park on level P2 (follow signs to event parking)
Please be sure to take a parking ticket when you come to the lot, so that it can be validated at the event.

This program is approved for 6.25 SHRM and HRCI credits.

3/21/2019
When: Thursday, March 21, 2019
8:00 AM - 5:00 PM
Where: Valo Park Office Builiding - Auditorium
7950 Jones Branch Drive
Mclean, Virginia  22102
United States

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2019 Legal Academy

Thursday, March 21 2019 | 8:00 AM - 5:00 PM

Thank you to our sponsors!

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EARLY BIRD REGISTRATION DEADLINEMARCH 8th 2019

Early Bird Registration Rates:

Member: $135
Non-Member: $185

 

 

REGULAR REGISTRATION DEADLINE: MARCH 9th - 15th

Regular Registration Rates:

Member: $150
Non-Member: $200

Late Registration Rates:

Member: $200
Non-Member: $250

 

program information

Presenter: Leon Rodriguez/Dawn Lurie — Attorney, Seyfarth Shaw LLP
A Legislative Analysis of Immigration Compliance During a Season of Heightened Enforcement

  • Changes Affecting Employers of Foreign Nationals – U.S. Citizenship and Immigration Services Policies
  • More Changes – Pending USCIS Regulatory Actions
  • DACA and Temporary Protected Status
  • Increased Enforcement/Inspection Activity
  • I-9 Inspections

Presenter: Karla Grossenbacher/Samantha Brooks – Seyfarth Shaw LLP
Salary History Bans and Hiring: Best Practices and Pitfalls

This presentation will include an overview of applicable employment law, the legal landscape in hiring, and discussion about interviewing best practices, social media in hiring, “Ban the Box” and background checks, and salary history bans.

Presenter: Larry Postol – CEO, Postol Law Firm, P.C.
Handling Request Under ADA and FMLA

  • Overview of FMLA eligibility, benefits and coverage
  • ADA coverage and ADA essential duties
  • Overview of reasonable accommodations
  • Discussion of the interactive process and employer defenses
  • Review recent case studies

Presenter: Fred Singerman – Partner, Seyfarth Shaw LLP
Benefits Clean-up on Aisle Three

The presentation will provide a framework for evaluating some of the common errors and corrections that HR and Benefits personnel are frequently called on to address: “I just noticed [in January] that I got defaulted into individual health insurance coverage but I meant to elect family coverage. Can you fix this?” “I got married in June [it’s August] and missed the deadline to enroll my husband and his kids on the health plan.” “I was supposed to be auto enrolled in the 401(k) plan when I got hired in August, but I just noticed I wasn’t. Can you get me in now [it’s December]?” “I elected to defer my bonus to the deferred compensation plan but I need it now.”
This session will review the legal framework for understanding how to approach some of these common and seemingly easy questions in the context of health plan open enrollment and special enrollment periods, 401(k) plans and non-qualified plans. Can you say accommodate the employee’s concern and, if you can’t, what then? The session will use these questions as a jumping off point to address the legal rules at issue for the enrollment and contribution requirements commonly challenged by employees; the legal and practical considerations that come into play in evaluating these sympathetic requests; and how to minimize risk when it’s necessary to say no. We will focus on the rules that are policed at the employer-level, rather than those typically outsourced to an insurer or third party administrator.
Learning Objectives
  • Understand the legal basis for some common health plan, 401(k) and non-qualified plan rules that the employer is called on to enforce
  • Be better equipped to evaluate the risks involved in making exceptions to these rules
  • Be able to recognize when to escalate an exception claim

Presenter: Ray Baldwin/Chrissy Costantino – Partner, Seyfarth Shaw LLP
MeToo From the Other Side: Meaningful Response Planning For Investigating, and Resolving Harassment Allegations in Today’s Environment / Investigations

Last year, NOVA SHRM heard about #metoo from the Plaintiff’s side. This year, we take a look from the management perspective as the #metoo movement continues to gain momentum. We will touch on best practices for internal policies, training, investigations, and resolution of harassment claims, as well as provide an update on the treatment of these claims in the courts.
Learning Objectives:
  • Review and update internal harassment and reporting policies to ensure compliance with the law and best practices;
  • Conduct thorough and defensible investigations; and
  • appropriately address confidentiality and non-disclosure concerns in resolving sexual harassment claims and complaints

 

 

 

presenter information

Leon Rodriguez — Seyfarth Shaw LLP

Email: lerodriguez@seyfarth.com

Leon Rodriguez served as the Director of U.S. Citizenship and Immigration Services (“USCIS”) from 2014–2017, following an over twenty-five year career as a prosecutor, law firm partner, and government agency leader. As a partner at Seyfarth, Mr. Rodriguez assists clients in navigating complex and high stakes enforcement and public policy issues. Mr. Rodriguez brings an inter-disciplinary approach to solving client challenges, incorporating compliance, litigation, investigation, policy development/advocacy and public relations tools. His substantive expertise includes immigration compliance and enforcement, immigration policy, health care privacy and security, health care fraud and abuse, civil rights, diversity and inclusion and professional ethics.

Mr. Rodriguez is a founding member of the firm’s Immigration and Compliance Specialty Team, chair of the firm’s Health Care Regulatory and Compliance Affinity Group, and a co-chair of the Health Care Privacy, Security and HIPAA Affinity Group.

During his tenure as director of USCIS, Mr. Rodriguez lead the implementation of the Obama administration’s core immigration priorities, including the Deferred Action for Childhood Arrivals policy, policies to improve U.S. business access to high-skilled workers, and the growth of the U.S. Refugee Admissions program at a time of unprecedented world-wide displacement.  As director, he oversaw the efforts of approximately 19,000 workers in 250 worldwide locations. Mr. Rodriguez also oversaw the modernization of USCIS’s business, particularly the digital transformation of several of USCIS’ core business processes.

Immediately prior to serving as director of USCIS, Mr. Rodriguez served from 2011 to 2014 as Director of the Department of Health and Human Services Office for Civil Rights (HHS-OCR) , the agency responsible for the administration of the federal health information privacy laws, including HIPAA and HITECH, and the civil rights laws protecting beneficiaries of HHS funded programs.  Among Mr. Rodriguez’s core accomplishments as HHS-OCR director were:  1) the dramatic increase in HIPAA monetary enforcement activity,  heralded as promoting greater compliance with health information privacy laws throughout health care industry; 2) issuance of updated HIPAA regulations as mandated under the HITECH Act; 3) successful completion of first HIPAA audit pilot; and 4) initiation of enforcement activity under Affordable Care Act anti-discrimination provisions.


Dawn Lurie — Seyfarth Shaw LLP

Email: dlurie@seyfarth.com

Dawn M. Lurie is senior counsel in the Immigration Practice Group of Seyfarth Shaw LLP’s Washington, D.C. office. Dawn advises on corporate immigration issues involving the recruitment, hiring, transfer, and retention of personnel worldwide. She is recognized in the legal community as a forward thinking immigration compliance authority and EB-5 investment strategist. She has more than 25 years of experience providing assistance with global and U.S. immigration processes. Ms. Lurie is considered a trusted partner to corporate clients and is relied on for her ability to spot impending government enforcement trends. Her ability to balance business necessity with regulatory reality is also highly valued. When advising clients, Ms. Lurie presents creative, yet compliant, solutions and identifies issues long before they become problematic. Dawn’s proudest professional achievement is her ongoing work with young women in the legal field. She has served as a mentor and sponsor, and remains active in women’s workplace initiatives. Her practice includes a range of cases, from routine to the most complex, involving:

  • EB-5 Foreign Investment including representation of regional centers, investors, project developers, broker dealer, and providing targeted due diligence services and development of best practices protocols.
  • Immigration Compliance including Form I-9, E-Verify, SEVP/SEVIS foreign student related matters and immigration issues related to mergers and acquisitions, reductions in force, and business restructurings.
  • Visa Processing including immigrant and non-immigrant visas, naturalization, residency and security issues.

Ms. Lurie has represented foreign individuals through the EB-5 Immigrant Investor Program since the early 1990s. She has since expanded her practice to include EB-5 compliance work and regional center representation. Her experience has evolved over the last two decades as the EB-5 program progressed from an obscure means of obtaining U.S. residency, to a viable mechanism of funding a significant portion of the capital stack for large-scale projects and infrastructure building across industries. Ms. Lurie is particularly interested in EB-5 project and regional center compliance, which she believes has been overlooked with the surge of growth in the program. Her team focuses on providing private equity funding strategies to developers interested in establishing regional centers and implementing projects.

Ms. Lurie’s Form I-9 and E-Verify experience is nationally recognized. She develops and manages nationwide I-9 compliance training and assists clients during immigration-related government audits or internal reviews. Ms. Lurie also assists federal government contractors in meeting the FAR mandatory E-Verify compliance rules and flow-down clause. She’s published immigration articles on the immigration consequences of M&A and other corporate reorganizations as well as the implications of downsizings, reductions in force, and salary level/ job duty changes. Ms. Lurie represents companies before Immigration and Customs Enforcement and defends those facing government investigations including ones initiated by the Department of Labor or Department of State. Her experience also includes representing colleges, universities and foreign students with SEVIS/SEVP related issues as well as with routine compliance planning. Ms. Lurie is consistently able to negotiate favorable settlements and resolve even the most adversarial of matters because of her solution oriented approach and her ability to work cohesively with government agencies.


Karla Grossenbacher — Seyfarth Shaw LLP

Email: kgrossenbacher@seyfarth.com

Ms. Grossenbacher is a partner in Seyfarth Shaw’s Washington, D.C. office concentrating in labor and employment law. She is Chair of the Washington, D.C. Labor & Employment Practice Group. Ms. Grossenbacher serves on the firm’s national Labor and Employment Steering Committee, as well as the Steering Committee of the Firm’s Global Privacy and Security team. She also heads the Firm’s National Workplace Privacy team.

In the privacy area, Ms. Grossenbacher specializes in advising employers on workplace privacy issues, such as advice on employee surveillance and electronic monitoring issues, drafting and implementation of BYOD policies, preparation of electronic communications and social media policies. Ms. Grossenbacher also specializes in cybersecurity issues for employers, such as incident management with respect to data breaches and preparation of data breach response plans and is a frequent presenter, author and blogger on these issues. Ms. Grossenbacher has also developed and conducted employee identity theft prevention training for a number of local government agencies.


Samantha Brooks — Seyfarth Shawl LLP

Email: sbrooks@seyfarth.com

Ms. Brooks is an associate in the Labor & Employment Department of Seyfarth Shaw LLP’s Washington, D.C. office. Her practice focuses primarily on defending management in single-plaintiff employment litigation. Prior to joining Seyfarth, Ms. Brooks’ practice included insurance defense litigation at a mid-sized firm in New York where she represented municipal and corporate clients in state and federal court proceedings. While in law school, Ms. Brooks served as an intern to the Honorable Leon J. Lombardi (Ret.) of the Massachusetts Land Court and as the Business Managing Editor of the New England Journal of International and Comparative Law. Ms. Brooks was recognized by Super Lawyers magazine as a 2015 New York Rising Star and a 2018 Washington, DC Rising Star.

J.D., New England School of Law, cum laude (2009)
Business Managing Editor, New England Journal of International and Comparative Law
Honors Judicial Internship   B.A., Indiana University, with distinction (2006)

Co-Author, "Maryland State Government Employee’s Job Duties Reinstated after Demotion Following Facebook Post," Employment Law Lookout, Seyfarth Shaw LLP (January 3, 2019)

Author, "Eighth Circuit: Employer May “Elaborate” on Explanation for Termination During Litigation," Employment Law Lookout, Seyfarth Shaw LLP (February 20, 2018)

Author, "No Religious Bias Against Hospital Employee Who Refused to Get Flu Shot" Employment Law Lookout, Seyfarth Shaw LLP (January 4, 2018)

Recognized by Super Lawyers magazine as a 2015 New York Rising Star and a 2018 Washington, DC Rising Star 2017 Capital Pro Bono Honor Roll, High Honors


Larry Postol, CEO — Postal Law Firm, P.C.

Email: Lpostol@PostolLaw.com

Mr. Postol started his own law firm on March 1, 2018 in McLean, Virginia, along with James Mesnard and Lauren Bridenbaugh. Mr. Postol was a partner at Seyfarth Shaw, LLP for 33 years and was the Vice President for Legal Affairs of NoVa SHRM for over 10 years. Mr. Postol represents management in employment and labor law matters. Mr. Postol graduated with distinction from Cornell University in 1973 with a degree in engineering physics, and he graduated from Cornell Law School in 1976, cum laude, where he was also an editor of the Cornell Law Review. He is admitted to practice in the District of Columbia, Virginia and Maryland federal courts. 
Mr. Postol has successfully argued two cases before the United States Supreme Court and over three dozen cases before the United States Courts of Appeals.


Fred Singerman, Partner — Seyfarth Shaw LLP

Email: fsingerman@seyfarth.com

Mr. Singerman’s practice includes all aspects of retirement and welfare plan design, establishment, amendment and termination. He is very familiar with the issues arising under cash balance, pension equity and other sophisticated qualified plan designs. Mr. Singerman also counsels clients on the difficult employee benefit issues that arise in connection with reductions-in-force, corporate restructuring and acquisition transactions, outsourcing and curtailment of benefits. He frequently represents clients in matters before the Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation.

A significant component of Mr. Singerman’s practice consists of advising publicly traded and private corporations on equity compensation plans, non-qualified retirement plans and executive compensation issues, including stock option plans, SERPs and deferred compensation agreements. Mr. Singerman also advises on fiduciary and prohibited transaction issues arising under the Employee Retirement Income Security Act. He has filed amicus briefs on behalf of various employer groups, including the United States Chamber of Commerce and the Information Technology Association of America, and has served as an expert witness in ERISA litigation. Mr. Singerman has a Martindale-Hubbell Peer Review rating of "AV Preeminent" and is recognized in The 2012 Top Rated Lawyers Annual Guide to Labor & Employment Law published in The American Lawyer and Corporate Counsel.


Ray Baldwin, Partner — Seyfarth Shaw LLP

Email: rbaldwin@seyfarth.com

Raymond Baldwin is the Associate Managing Partner of the Washington, D.C. office of Seyfarth Shaw LLP, where he practices in all aspects of employment law. He has substantial litigation, trial and appellate experience, defending management against claims of discrimination, retaliation, harassment, wrongful termination, breach of contract and related theories, and the defense and enforcement of restrictive covenant/noncompetition issues. Mr. Baldwin has also defended employers in a variety of complex collective and class cases, including multi plaintiff discrimination suits, actions arising under the Fair Labor Standards Act and state wage and hour laws, and EEOC pattern and practice cases.

Mr. Baldwin has tried numerous cases to verdict in federal and state courts. He also regularly counsels management and human resource professionals on various workplace issues, including employee relations, investigations, FMLA and ADA issues, leave issues, training and restrictive covenants. He also provides harassment and other types of employment law training. Mr. Baldwin frequently assists clients in drafting employment policies, handbooks, releases and severance agreements, as well as non-competition agreements. He has represented employers in a wide variety of industries, including retail, transportation, health care, manufacturing, government contracting, defense, universities, hospitality, staffing and professional services. Mr. Baldwin serves on the firm’s Lawyer Development Committee and the Washington, D.C. office’s hiring committee. Prior to entering the practice of law, Mr. Baldwin served as an officer in the U.S. Navy.


Christine Costantino – Associate, Seyfarth Shaw LLP

Email: ccostantino@seyfarth.com

Ms. Costantino is a senior associate in the Labor & Employment department of Seyfarth Shaw LLP's Washington, D.C. office. She is an experienced employment litigator, specifically defending management against claims of discrimination, retaliation, harassment, wrongful termination, breach of contract, employment-related torts, and other claims brought under Title VII, ADA, ADEA, FLSA, FMLA and various state statutes. Ms. Costantino also advises clients on various employment matters, including internal investigations, employee leaves, employee separations, and preparation and implementation of employment policies.

 

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