32nd Annual Employment Law Update Seminar 2023

MCLE Credits: 6.0
Ethics Credits Included: 1.0

Tuesday, May 2, 8:00 a.m.–3:35 p.m. ET Live on Site at the Hilton Fairfax 12777 Fair Lakes Circle Fairfax, VA 22033 Live Webcast Live Telephone
MCLE Credit:	6.0 (Ethics: 1.0)
Live-Interactive Credit:	6.0 (all formats)
Designation Credit:	1.0 Trial Practice/Litigation; 1.0 Ethics (Designations Information)
Registration Fees:	Live on Site: $299 regular registration (with ebook materials only) $349 regular registration plus printed materials (available through April 19) $319 on-site registration (with ebook materials only) Webcast: $299 regular registration (with ebook materials only) Telephone: $319 regular registration (with ebook materials only)

Information
Schedule
Faculty
Locations, Dates and Fees

Information

Why Attend?

Receive an update on employment law decisions handed down during the last 12 months that affect Virginia practitioners
Join in a discussion of the FTC’s proposal to implement a nationwide ban on noncompetition agreements
Hear about the real-life challenges of litigating a celebrity trial from the lead counsel in Depp v. Heard
Gain an hour of ethics CLE credit while considering the pitfalls of communicating with parties who may be represented by counsel
Develop an understanding of the federal Pregnant Workers Fairness Act (PWFA) that goes into effect June 27, 2023
Learn to navigate through the tension of LGBT rights and religious freedom rights in the workplace

Attendance Options:

Live on Site: For the first time since 2019, we will have a live program in Fairfax, where you can attend in person and network with colleagues!
Virtual: Attend the program via live-interactive webcast or telephone from the convenience of your home or office and still be able to ask questions of the speakers in real time

This seminar has been an indispensable educational and networking opportunity for all attorneys practicing in, or wanting to learn more about, employment law for decades.

The seminar provides detailed explanation, in-depth analysis, and practical advice for both management and plaintiffs’ counsel on a number of employment topics.

This year’s sessions include:

Ethics Hour: ethical challenges that arise in employment matters when communicating with a person who is (or may be) represented by counsel, including former employees
Annual Case Law Update: employment law decisions from the U.S. Supreme Court, Fourth Circuit, EDVA and WDVA, and Virginia state courts
Celebrity Trial: lead counsel from Depp v. Heard discuss the legal challenges of trying a case that is being covered by social media throughout the world
Non-compete Agreements and the FTC Proposed Rule: is the sun setting on restrictive covenants in the U.S.?
The Pregnant Workers Fairness Act (PWFA): this new federal law goes into effect on June 27, 2023; how will it change the workplace?
First Amendment Rights vs. LGBTQ Rights: where are courts drawing the line when those rights come into conflict?

COVID-19 POLICY FOR LIVE-ON-SITE ATTENDANCE

By attending a live-on-site Virginia CLE^® seminar, you acknowledge the health risks associated with COVID-19 and that you MUST follow all Virginia CLE^® COVID-19 policies. You may NOT attend a live-on-site program if you have tested positive for COVID-19, if you are experiencing COVID-19 symptoms, or if you are under any self-quarantine orders per CDC guidelines.

Click here for details about the Virginia CLE^® COVID-19 policy. Please revisit the webpage routinely for updates as we are monitoring the evolving COVID-19 situation. All updates to this policy will be emailed to registrants.
(Last updated March 2, 2022)

Discounts available for Virginia CLE webcast-telephone-live seminars

Registration Deadlines:
Webcast:	10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone:	Online registration ends at 11:59 p.m. the day preceding the seminar Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site:	Online registration ends at 11:59 p.m. the day preceding the seminar Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $90 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

Inclement Weather Policy and Updates.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.

Can't Attend?
E-mail distance_ed@vacle.org to be notified when/if this program is made available as an On Demand or USB seminar.
E-mail publications@vacle.org to be notified when/if this program's seminar materials are made available for sale.

Schedule

COURSE SCHEDULE (May 2) (Eastern Time)

7:30	Registration
8:00	Program Welcome and Introductory Comments Edward Lee Isler, Planning Chair and Moderator
8:05	Ethical Challenges in Communicating with Represented Parties John E. Davidson, Edward Lee Isler Experienced practitioners discuss the ethical dilemmas that can arise in employment litigation when trying to comply with Rule 4.2 of the Virginia Rules of Professional Conduct, which prohibits communication with a represented person. Issues include contacting former employees of the defendant employer, concerns that settlement offers are not being conveyed, and other potential problems.
9:00	Annual Update on Employment Law Cases Tim Schulte, Amanda Weaver Our annual comprehensive plaintiff/defense point-counterpoint of the most important employment law decisions from the U.S. Supreme Court, Fourth Circuit, EDVA and WDVA, and Virginia state courts from the past twelve months.
10:30	Break
10:45	Is the Sun Setting on Non-compete Agreements in the U.S.? John M. Bredehoft, Jennifer G. Prozinski The assault on the use of non-compete agreements has moved from the states to the federal level with the introduction by the Federal Trade Commission of a proposed rule banning non-competes. This session will examine the contents of the FTC’s proposed rule, the likely future of the proposed rule, and the status of state legislation banning or limiting non-competes, particularly in Virginia, DC, and Maryland.
11:40	The Brewing Conflict Between First Amendment Rights and Anti-Discrimination Laws Alexander P. Berg, Kimberly Berry A survey of the current interplay between anti-discrimination laws and the Free Speech Clause, with a focus on current Virginia and Fourth Circuit law on the issue, a refresher on the backdrop from Masterpiece Cakeshop, and a snapshot of the pending Supreme Court case in 303 Creative v. Elenis, including a predictive forecast based on oral arguments.
12:30	Lunch (provided at live-on-site seminar)
1:30	Practical Strategies in Conducting a Celebrity Trial Elaine Charlson Bredehoft, Adam S. Nadelhaft Lead counsel from the case of Depp v. Heard discuss the legal challenges of trying a case that is being covered by social media throughout the world. Topics will include picking a jury when a party is one of the most recognizable faces in the country, the importance of motions in limine, managing a packed courtroom, challenges with the effectiveness of videotape and Zoom testimony, and strategies for keeping the jury from getting caught up in all of the hoopla.
2:30	Break
2:40	The Pregnant Workers Fairness Act (PWFA) and Other Advances in Pregnancy Rights Sarah A. Belger, Roya Vasseghi This session will examine the PWFA as it goes into effect on June 27, 2023, along with recent extension of pregnancy protections encompassed in the Virginia Values Act. The presenters also will consider how the courts have interpreted the 2015 Supreme Court decision in Young v. United Parcel Service.
2:25	Break
3:35	Adjourn

Q&A will be handled via chat room for Webcast attendees.
Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Sarah A. Belger, Quarles & Brady / Washington, DC
Alexander P. Berg, Littler Mendelson / Tysons Corner
Kimberly H. Berry, Berry & Berry / Reston
Elaine Charlson Bredehoft, Charlson Bredehoft Cohen Brown & Nadelhaft / Reston
John M. Bredehoft, Kaufman & Canoles / Norfolk
John E. Davidson, Davidson & Kitzmann / Charlottesville
Edward Lee Isler, IslerDare / Tysons Corner
Adam S. Nadelhaft, Charlson Bredehoft Cohen Brown & Nadelhaft / Reston
Jennifer G. Prozinski, Venable / Tysons Corner
Tim Schulte, Shelley Cupp Schulte / Richmond
Roya Vasseghi, Vasseghi Budd Law / Fairfax
Amanda Weaver, Williams Mullen / Richmond

PROGRAM CHAIR AND MODERATOR

Edward Lee Isler, IslerDare / Tysons Corner

Locations, Dates and Fees

LIVE REGISTRATION FEES (All registrants will receive access to a complete set of downloadable e-book seminar materials.) (Lunch included)

$299 regular registration (with ebook materials only)
$349 regular registration plus printed materials (available through April 19)
$319 on-site registration (with ebook materials only) (if space is available)

LIVE LOCATION AND DATE

Fairfax / Tuesday, May 2
Hilton Fairfax (Venue Website / Google Map)
12777 Fair Lakes Circle
Fairfax, VA 22033
(703) 653-6025

WEBCAST/TELEPHONE REGISTRATION FEES (All registrants will receive access to a complete set of downloadable e-book seminar materials.)

Webcast:
$299 regular registration

Telephone:
$319 regular registration

Virginia CLE^® will provide live-on-site attendees a 50% discount off any single Virginia CLE^® publication purchased at the seminar site. Additionally, live-on-site attendees will receive a coupon code for 50% off any single publication of their choice, which will be shared with live-on-site attendees at the seminar and in an email the day after the program. The code will expire two weeks after the seminar date.

Downloadable E-Book Seminar Materials: ALL seminar registrants will receive access to a complete set of downloadable e-book seminar materials. E-book materials are searchable, easily accessible, and efficient to use.

When registering, please be sure to provide a legible, valid e-mail address to which Virginia CLE^® can send a link to the e-book materials.

Printed Materials: For live-on-site registrants only, through April 19, you still have the option of registering to receive a complete set of printed materials for a higher registration fee. Registrants who choose this option will receive printed materials at the program.

Cancellation/transfer requests will be honored through 5:00 p.m. of the DAY BEFORE the seminar. You will, however, be charged $90 for the materials if you cancel your registration for the seminar, or transfer registration to a different seminar, after the link to the materials has been e-mailed by Virginia CLE^®.

Inclement Weather Policy and Updates.

If you have a disability that requires special accommodation, please contact Virginia CLE^® well in advance of the program date.

If you have dietary restrictions, please contact Virginia CLE^® at least 7 days before the seminar date.

Private recording of this program is prohibited.