Former Employees and Executives as Non-Party Witnesses
Navigating the Complexities of Privilege, Compensation, Cooperation With Counsel and Protection of Business Information
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, September 5, 2012
Recorded event now available
This CLE webinar will provide employment counsel with a review of proactive and responsive measures to address issues of privilege, compensation, cooperation with counsel and safeguarding confidential business information when using former employees or executives as non-party witnesses in employment litigation.
Description
Employees and executives frequently rotate among companies. This ongoing turnover can create a situation in which employees who are key to defending against pending employment litigation are no longer with the business.
Counsel to businesses seeking to call upon former employees or executives as non-party witnesses in an employment lawsuit must understand complex issues related to attorney-client privilege, witness compensation and protection of the company’s confidential information.
Employment counsel should advise their clients to use severance agreements or employment agreements as a proactive measure to ensure cooperation by former executives in the event that they are critical to defending future employment litigation involving the corporation.
Listen as our authoritative panel of employment attorneys explains the legal issues that arise when a company calls former employees or executives as non-party witnesses in employment litigation. The panel will discuss proactive and responsive measures employers and their counsel should take to address the complex issues of privilege, compensation, cooperation with counsel and safeguarding confidential business information.
Outline
- Legal considerations when calling former employees as non-party witnesses
- Attorney-client privilege
- Witness compensation
- Cooperation with counsel (for employer and plaintiff)
- Protecting the company’s confidential information
- Best practices for employers and their counsel
- Dealing with the non-party witness during interviews, depositions and trial
- Severance agreements
- Employment agreements
Benefits
The panel will review these and other key questions:
- What key legal considerations must be evaluated when an employer seeks to call a former employee or executive as a non-party witness in employment litigation?
- What ethical concerns arise when employment counsel or plaintiff's counsel contacts former employees in the context of pending litigation?
- What are some best practices for developing and negotiating enforceable severance agreements that increase the likelihood of cooperation by former executives in future employment litigation?
Faculty
Marcellus McRae, Partner
Gibson Dunn & Crutcher, Los Angeles
His litigation and white-collar criminal defense practices focus on a wide variety of business disputes, internal investigations, and criminal prosecutions. He also represents and advises employers in wrongful termination, retaliation, and whistleblower claims. He has first chaired numerous jury trials, bench trials, and arbitrations in both federal and state courts.
Wayne Schrader, Partner
Isler Dare Ray Radcliffe & Connolly, Vienna, Va.
He is an experienced trial attorney. He has tried jury and non-jury cases in several different courts throughout the country and before arbitrators and administrative law judges connected with various federal agencies including the NLRB and the DOL. His employment law experience includes the defense of individual and class action claims for discrimination and alleged violations of wage & hour laws.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $297.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID*, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
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Hartman Underhill & Brubaker
I thought the subject matter was handled very well! I appreciated the panel’s interaction and their responses to the inquiries posed.
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Hertz Schram
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Partner
Bracewell & Giuliani
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
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