Schedule and Faculty

Schedule times listed below are for the live seminar. Times for replays may differ due to varied start times and abbreviated lunch and break periods. Please refer to the DATES/LOCATION tab for individual replay start times.

8:30 – 8:50 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:50 – 9:00 a.m.

WELCOME & INTRODUCTION BY COURSE CHAIRS

– David M. Wilk, Course Co-Chair; Larson • King, Saint Paul
– James M. Zappa, Course Co-Chair; 3M Company, Saint Paul

 

Answering Difficult Questions in 6 Areas of Cross-Practice Concern for the Experienced Employment Attorney – Concrete Advice BEYOND the Basics

Each session will focus on a significant set of issues where employment law intersects with another practice area, analyze and provide practice tips for handling those issues and – as applicable – highlight today’s enforcement/litigation concerns in that area.

 

9:00 – 10:00 a.m.

1. Employee Benefits

  • What are the potential risks of having separate benefits offerings for different worker categories?

  • What are the regulatory compliance implications (e.g., IRS, DOL) and private enforcement opportunities (e.g., litigation) when employers reduce the costs of employer-provided benefits (e.g., reducing or eliminating benefits, cost shifting to employees) or when employers make workforce adjustments (e.g., termination incentives, reductions in hours, layoffs, facility closures)?

  • When is a severance "custom" a severance "plan" for ERISA purposes?

  • What are the rules that must be followed in providing benefits information electronically?

– Darcy L. Hitesman; Hitesman and Associates, P.A., Maple Grove
– Laurie Willard Olson; ADC Telecommunications, Eden Prairie

10:00 – 10:05 a.m.

BREAK

10:05 – 11:05 a.m.

2. Executive Compensation

  • What are the options for structuring severance pay to avoid 409A?

  • What restrictions does 162(m) impose on payment of performance-based pay in the case of a termination during the performance period?

  • What impact does a post-termination consulting relationship have on payment of deferred compensation?

  • Can I provide for lifetime medical benefits in an employment or separation agreement?

  • How do I determine whether my client is a "specified employee" of a public company subject to a six-month delay in payment of deferred compensation?

  • Are tax gross-up provisions still acceptable in employment agreements?

– Randy L. Gegelman; Faegre & Benson LLP, Minneapolis
– James G. Ryan; Ryan Law Firm, Minneapolis

11:05 – 11:15 a.m.

BREAK

11:15 – 11:30 a.m.

 10 LEGAL PRACTICE TIPS:  When Government Enforcement Agencies Come Knocking

– Richard G. Erstad, VP, General Counsel & Secretary; Hawkins Inc., Minneapolis

11:30 a.m. – 12:30 p.m.

3. OSHA

  • New developments: What is next on the horizon for OSHA?

  • When should an attorney be present during an OSHA inspection?

  • Should your client refuse entry and, if so, how?

  • What role does OSHA play in other employment litigation?

  • How does OSHA interrelate with other employment laws like workers’ compensation and the ADA?

– Jeffrey M. Tanenbaum; Nixon Peabody LLP, San Francisco

12:30 – 1:15 p.m.

LUNCH (on your own)

1:15 – 2:15 p.m.

4. Intellectual Property

  • What specific provisions to protect IP should employers include in confidentiality agreements that employees, contract workers and consultants sign?

  • What specific steps are employers taking to protect their IP in today’s social media context?

  • What must employers do when they suspect that a current or a departing employee has taken intellectual property?

  • What can employers do to prevent damage after intellectual property has been removed and disclosed?

  • What strategic considerations should employers take into account when evaluating whether to file suit against former employees for misappropriation of intellectual property?

– Karen D. McDaniel; Merchant & Gould P.C., Minneapolis
– David M. Wilk; Larson • King, Saint Paul

2:15 – 2:30 p.m.

 10 LEGAL PRACTICE TIPS:  Corporate Data Privacy and Security

– Brad Bolin, Global Information Policy Counsel; Best Buy, Richfield

2:30 – 2:45 p.m.

BREAK

2:45 – 3:30 p.m.

5. Tax Treatment of Employment Case Settlements and Awards

  • When may attorneys’ fees be deducted from gross income, and is that deduction "above" or "below" the line?

  • When can the proceeds of a settlement or verdict be excluded from gross income for tax purposes?

  • Does it matter whether an insurance company pays the settlement on behalf of the employer?

  • What types of penalties might the IRS seek, and against whom, for the wrongful misclassification of damages?

  • How are the proceeds of a settlement or verdict reported to the IRS and the State of Minnesota?

– T.J. Conley; The Law Office of T.J. Conley, Minneapolis

– Thomas M. Regan; Regan Tax Law, Minneapolis

3:30 – 3:45 p.m.

 10 LEGAL PRACTICE TIPS:  Contract Negotiation Strategy

– Brian Beutner, CEO; mPay Gateway, Inc., Minneapolis

3:45 – 4:30 p.m.

6. Bankruptcy

  • What is the Automatic Stay and how does it affect employment law claims and litigation?

  • How is a claim affected by the claimant’s bankruptcy?

  • What is the scope of a bankruptcy discharge and how does it affect one’s liability for a claim?

  • What are the special provisions in the bankruptcy law regarding employee claims?

  • Practical tips for those who appear only infrequently in bankruptcy court.

– Eric J. Sherburne; Stein & Moore, P.A., Saint Paul
– Steven Andrew Smith; Nichols Kaster PLLP, Minneapolis