WWW.SFBAR.ORG/ YOSEMITE THE 2019 ANNUAL LABOR & EMPLOYMENT LAW SECTION’S YOSEMITE CONFERENCE What Makes the Yosemite Conference Unique? By Peter Rukin, Rukin Hyland I t has been said that “for everything there is a season.” Well, for 43 years, winter has been the season for the Labor and Employment Section’s Yosemite Conference. e Yosemite Conference is the Section’s flagship event, bringing together lawyers representing management, labor, employees, the public sector—as well as judges and neutrals— for two days of mind-expanding CLE and camaraderie. What makes the Yosemite Conference unique? Certainly, Yosemite Park’s natural beauty—more breathtaking in winter than any other season—has something to do with it. e majestic backdrop will lower the blood pressure of even the most “type A” lawyer by several points. Nature walks around Mirror Lake, hikes to Yosemite Falls, ice skating, sipping hot chocolate around a roaring fire at the Majestic (Ahwahnee) Hotel, and skiing at Badger Pass are just some of the activities available before, after, or between panel sessions. e Yosemite Conference is also marked by a special collegiality worth treasuring. For four decades, Bay Area labor and employment lawyers have taken a time-out from daily legal combat and spent a weekend each year off the grid with colleagues from the other side of the bar. is annual time together with legal adversaries and their families has contributed in no small measure to a Bay Area labor and employment bar more civil, cooperative, and engaged than its counterparts around the country. It is harder to demonize an opposing counsel once your five year olds have built a snow fort together! Finally, there is the CLE. e Conference’s reputation and location draws thought-leading practitioners and academics together for high-level and interactive discussions around issues affecting our practice and the law. Recent presenters have included: Judge Marsha Berzon on Justice Brennan’s labor and employment legacy; Michael Lotito and Professor Catherine Fisk on legislative priorities in the Trump Administration; Lori Andrus, Mariko Yoshihara (CELA’s legislative director) and Jeanna Steele (Sunrun’s in house employment counsel) on the Fair Pay Act; and Nayantara Mehta (National Employment Law Project) and Neil Perry (Oracle Corporation) on the benefits and pitfalls of background checks. You never know who will be special guests at our conference. One recent year, the entire NLRB was in attendance. Judges, Ambassadors, and Cabinet Members are among those who have given Conference attendees off the record, behind the scenes perspectives on the great issues of the day. e Conference also has a renewed focus on programming that newer lawyers and Barristers members may find useful. For example, last year’s programming included a Barristers-led panel on civility for new practitioners. e Yosemite Conference occupies a special place in the hearts of Section members. Join us February 8-9, 2019 to find out why. We look forward to seeing you there! About the author: Peter Rukin, 2017 Chair of BASF’s Labor and Employment Section. He represents employees in EEO, whistleblower, and wage and hour matters at the San Francisco firm of Rukin Hyland. FEBRUARY 8-9, 2019 MCLE Credits: 5.5 Hours of which 1.5 is in Legal Ethics Credit
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WWW.SFBAR.ORG/YOSEMITE
THE 2019 ANNUAL LABOR & EMPLOYMENT LAW SECTION’S
YOSEMITE CONFERENCE
What Makes the Yosemite Conference Unique?By Peter Rukin, Rukin Hyland
It has been said that “for everything there is a season.” Well, for 43 years, winter has been the
season for the Labor and Employment Section’s Yosemite Conference. The Yosemite Conference is the Section’s flagship event, bringing together lawyers representing management, labor, employees, the public sector—as well as judges and neutrals—for two days of mind-expanding CLE and camaraderie.
What makes the Yosemite Conference unique? Certainly, Yosemite Park’s natural beauty—more breathtaking in winter than any other season—has something to do with it. The majestic backdrop will lower the blood pressure of even the most “type A” lawyer by several points. Nature walks around Mirror Lake, hikes to Yosemite Falls, ice skating, sipping hot chocolate around a roaring fire at the Majestic (Ahwahnee) Hotel, and skiing at Badger Pass are just some of the activities available before, after, or between panel sessions.
The Yosemite Conference is also marked by a special collegiality worth treasuring. For four decades, Bay Area labor and employment lawyers have taken a time-out from daily legal combat and spent a weekend each year off the grid with colleagues from the other side of the bar. This annual time together with legal adversaries and their families has contributed in no small measure to a Bay Area labor and employment bar more civil, cooperative, and engaged than its counterparts around the country. It is harder to demonize an opposing counsel once your five year olds have built a snow fort together!
Finally, there is the CLE. The Conference’s reputation and location draws thought-leading practitioners and academics together for high-level and interactive discussions around issues affecting our practice and the law.
Recent presenters have included: Judge Marsha Berzon on Justice Brennan’s labor and employment legacy; Michael Lotito and Professor Catherine Fisk on legislative priorities in the Trump Administration; Lori Andrus, Mariko Yoshihara (CELA’s legislative director) and Jeanna Steele (Sunrun’s in house employment counsel) on the Fair Pay Act; and Nayantara Mehta (National Employment Law
Project) and Neil Perry (Oracle Corporation) on the benefits and pitfalls of background checks.
You never know who will be special guests at our conference. One recent year, the entire NLRB was in attendance. Judges, Ambassadors, and Cabinet Members are among those who have given Conference attendees off the record, behind the scenes perspectives on the great issues of the day.
The Conference also has a renewed focus on programming that newer lawyers and Barristers members may find useful. For example, last year’s programming included a Barristers-led panel on civility for new practitioners.
The Yosemite Conference occupies a special place in the hearts of Section members. Join us February 8-9, 2019 to find out why. We look forward to seeing you there!
About the author:Peter Rukin, 2017 Chair of BASF’s Labor and Employment Section. He represents employees in EEO, whistleblower, and wage and hour matters at the San Francisco firm of Rukin Hyland.
FEBRUARY 8-9, 2019MCLE Credits: 5.5 Hours of which 1.5 is in Legal Ethics Credit
Friday 1:30 – 2:45 p.m. | Friday Session | MCLE : 1 Hour in Legal Ethics Credit
Friday 2:45 – 3:30 p.m. | Friday Session | MCLE : .5 Hour in Legal Ethics Credit
Ethical Issues in Representative & Multi-Plaintiff ActionsThis panel will explore certain ethical issues implicated by various aspects of representative and group actions. We will discuss the ethical and legal constraints on (a) plaintiffs’ counsel’s communications with potential plaintiffs in class actions and arbitrations, (b) defense counsel’s communications with absent class members during litigation, (c) settlement issues in multi-plaintiff litigation, and (d) settlement of representative actions. The Honorable Vince Chhabria will lead the conversation about the District’s newly strengthened rules governing class action settlement approval and related issues, including valuation (i.e., total damages exposure descriptions), comparisons to past cases, releases, attorneys’ fees, selection of administrators, and more.
• The do’s and don’ts of pre-retention communications by plaintiffs’ counsel• Defense communications with absent class members • Settlement issues in multi-plaintiff litigation• A judge’s perspective on representative action settlements
Friday 12:30 – 1:30 p.m. | MCLE Registration
Location: The Lodge at Yosemite, Yosemite National Park, CA 95389
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Developments in Pay EquityPractitioners representing various perspectives will discuss recent statutory amendments, including the use of prior pay when setting starting salaries, trends in litigation, focusing on California’s technology jobs. The panel will share their advice for employers for complying with the law and ensuring that women are paid fairly.
• Pay equity update• Developments under California’s pay equity law
Speakers Erin ConnEllOrrick, Herrington & Sutcliffe LLP
SuE HaHm WalkErVice President & Associate General Counsel Global Labor & Employment Salesforce
EvE CErvantEz Altshuler Berzon
JESSiCa StEndErEqual Rights Advocates
Planning CommitteetEd BorromEoMcKesson Corporation
PEdEr tHorEEnAltshuler Berzon
Friday 3:30 – 3:45 p.m. | Break
Friday 3:45 – 5:00 p.m. | Friday Session | MCLE : 1 Hour
Join other conference attendees to network and meet our sponsors. Location: Yosemite Valley Lodge
Friday 5:30 p.m. | Reception | Mountain Room
Join the speakers and conference attendees for a casual post-conference reception. You can share your thoughts on the presentations and network with others. The Labor and Employment Executive Committee also be available to talk about its section and answer any questions you have about upcoming programs or how to get more involved.
SpeakerJoHn StEElE Law Offices of John Steele
Ethics-New RulesThe year 2018 was a huge one for California legal ethics. We have new rules and a new opinion from the Supreme Court of California that dramatically increases the dangers to lawyers who do not meticulously write engagement and conflict letters.
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SpeakersHonoraBlE vinCE CHHaBria unitEd StatE diStriCt Court tHE nortHErn diStriCt of California
Joan B. tuCkEr fifE PartnEr, WinSton & StraWn
JaHan Sagafi PartnEr, outtEn & goldEn
Planning CommitteePEtEr rukinRukin Hyland & Riggin LLP
The Two Faces of JanusA discussion of the Supreme Court’s Janus decision and its progeny of new California statutes. Public sector labor and management practitioners and an academic will discuss the impacts of this changing labor relations world and potential impacts on first amendment and other legal doctrines.
Speakers laura Juran California Teachers Association
JonatHan Holtzman Renne Public Law Group
Moderatornorman BrandNorman Brand Arbitrator/Mediator
Recent NLRB DevelopmentsLearn about the recent General Counsel initiatives, changes in Board case law, NLRB casehandling, and other developments at the National Labor Relations Board from both Employer and Union-side practitioners.
• Recent GC Memos• Noteworthy Board activity and decisions• Casehandling updates
SpeakerstHomaS a. lEnzPartnerAtkinson, Andelson, Loya, Ruud & Romo
BruCE Harland Shareholder Weinberg, Roger & Rosenfeld
ModeratorCarmen LeonNational Labor Relations Board, Region 20
Speakersann o’rEgan Uber Technologies, Inc.
CarolE vignELegal Aid at Work
lori oCHEltrEEDuane Morris LLP
Moderatormark SChiCkmanFreeland Cooper & Foreman LLP
The New Dynamics Surrounding DynamexHow has California Supreme Court’s opinion in Dynamex altered the legal landscape with regard to worker classification?
• Our panel will explain the new ABC test, the scope of its application, how it will affect California practitioners and what new legislative initiatives and business reactions may be forthcoming
Saturday 11:15 – 11:30 a.m. | Break
Join other conference attendees to network and meet our sponsors. Location: Yosemite Valley Lodge
Saturday 8:00 – 9:00 a.m. | MCLE Registration
Saturday 8:00 – 9:00 a.m. | Executive Committee Meeting
2018 -2019 Executive Committee Meeting at 8:00 a.m.
Saturday 9:00 – 10:15 a.m.| Saturday Session | MCLE : 1 Hour
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Saturday 10:15 – 11:15 a.m. | Saturday Session | MCLE : 1 Hour
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Saturday 11:30 – 12:45 p.m. | Saturday Session | MCLE : 1 Hour
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FLIP OVER FOR REGISTRATION
Location: Majestic Hotel behind the Great Room
Join the speakers and conference attendees for a casual post-conference reception. You can share your thoughts on the presentations and network with others. The Labor and Employment Executive Committee also be available to talk about their section and answer any questions you have about our upcoming programs or how to get more involved.
Enclosed is a check payable to The Bar Association of San Francisco
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Please fax or mail this completed form with credit card information to:Attention CLE Department, 415-477-2388The Bar Association of San Francisco301 Battery Street, Third Floor, San Francisco, CA 94111
Register online: www.sfbar.org/calendar
Questions: email [email protected]
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Event Code: G190301
• Sign in during the MCLE designated period.• Note: Participants are reminded to sign in on arrival and sign out at the conclusion of each day of the event in the manner required by the CLE provider. Participants must not be
absent for each day of the event for more than 15 minutes. Participants who do not comply with the Attendance Policy will not be able to obtain MCLE Credits for attending the activity.
• This activity is approved for Minimum Continuing Legal Education credit by the State Bar of California. • BASF is a certified provider #103• Refunds will be given up to two weeks in advance by 1/15/19, 5 p.m., less a $175 administrative/cancellation fee.• All registration prices increase by $100 - 72 hours prior to the program date.
Speakers and Executive Committee Dinner at 7:00 p.m. (RSVP Required)
Make sure you book your room by making a reservation at www.travelyosemite.com for the conference call (888)413-8869.Booking Code 11J9C1. Discount ends December 20, 2019.
Theodore Borromeo, Peder Thoreen, Mark Schickman, Norman Brand, Carmen Leon, Peter Rukin, Sheila Sexton, Noah Lebowitz,Jonathan Holtzman, Koray Bulut and David Lowe
Saturday 5:00 – 8:00 p.m. | Cocktail & Networking Reception
Sponsorship provided by
L&E Section Member $400.00
BASF Member $450.00
Government or Nonprofit $400.00
Non-Member $490.00
Registration Form
MCLE & Special Information
Hotel Registration
Thank you to the 2018 Labor and Employment Executive Committee
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