2023 AGENDA

All times in ET

• 9:45 AM

  Registration and virtual orientation

• 10:00 AM

  Opening remarks

• 10:05 AM

  Welcome address from Event Partner

  

  Paul Larsh

  Business Development Manager
  LEAP Legal Software

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  Paul Larsh

  Business Development Manager
  LEAP Legal Software

  Since 2021, Paul has held his position at LEAP Canada as a Business Development Manager. Paul brings many years of experience to his portfolio in the software industry including finance, educational and legal sectors. Paul delivers industry-leading ideas and initiatives to LEAP, helping to ensure our customers have the best legal practice management solution in the industry. 

• 10:10 AM

  PANEL: Meeting the legal obligations associated with a hybrid/remote working arrangement and a multi-jurisdictional workforce

  The expanded use of remote and hybrid working environments has now become the “new normal” for many employers. The quick adoption of these practices during the pandemic was often done without full consideration of all the potential legal issues, obligations, and liabilities, including the complexities of maintaining a multi-jurisdictional workforce. This session will highlight key issues and best practices for meeting all legal obligations associated with a hybrid working arrangement.  

  • Emerging liability risks: best practices for employers to mitigate risks around remote work 
  • Understanding the legal implications of multi-jurisdictional worker: tax implications, immigration issues, overlapping provincial employment standards, and choice of laws 
  • Guidance for developing your ‘right to disconnect’ policy and framework 
  • Establishing employer’s rights to adjust hybrid work practices to meet an organization’s evolving needs 
  • Key considerations when developing effective work from home policies 

  • Constructive dismissal issues for failure to return to the workplace  

  

  Matthew L.O. Certosimo

  Partner
  Borden Ladner Gervais LLP

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  Matthew L.O. Certosimo

  Partner
  Borden Ladner Gervais LLP

  Matthew is certified by the Law Society of Ontario as a Specialist in Labour Law. He represents employers in labour and employment-related litigation, including wrongful dismissals and labour arbitration. He frequently appears before the courts, including at the appellate level. 

  He also acts for employers in grievance arbitrations, matters before the Labour Relations Board, and in collective bargaining.

  And he represents employers, supervisors and constructors in proceedings under the Occupational Health and Safety Act, including in defence of quasi-criminal charges further to workplace accidents and injuries. 

  Matthew acts for and advises private and public sector employers on a full range of labour and employment matters, including: 

  • dismissals and discipline 
  • employment contracts and policies 
  • human rights issues, such as discrimination and harassment 
  • workers’ compensation, employment standards, and occupational health and safety matters 

  Read MoreRead Less 

  Matthew is the co-author of Just Cause: The Law of Summary Dismissal in Canada, which is frequently cited in decisions. 

  Within BLG, Matthew held the role of National Leader of BLG’s Labour & Employment Group from 2011-2016, and before that was the Toronto Leader from 2008-2011. 

   

  

  Lisa Goodfellow

  Partner, Leader, Labour & Employment
  Miller Thomson LLP

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  Lisa Goodfellow

  Partner, Leader, Labour & Employment
  Miller Thomson LLP

  Lisa Goodfellow is a trusted adviser to employers on a wide range of human resources matters, including wrongful dismissal actions, human rights and accommodation issues, attendance management, employment standards, employment aspects of mergers and acquisitions, certification applications, collective bargaining, unfair labour practice complaints, grievance arbitrations, management training, non-competition and non-solicitation obligations, injunctions, and protection of proprietary information. She also conducts and advises on workplace investigations. Lisa is the Leader of Miller Thomson’s Labour & Employment Group.

  Lisa guides her clients through complex and ever-changing labour and employment laws to find practical business solutions that work for them. She is experienced in advising both provincially and federally regulated employers in the public and private sectors. She prides herself in giving practical, proactive advice on a responsive and timely basis.

  

  Lorenzo Lisi

  Partner
  Aird & Berlis LLP

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  Lorenzo Lisi

  Partner
  Aird & Berlis LLP

  Lorenzo is Leader of the firm’s Workplace Law Group. He has practised exclusively in the area of labour and employment law for over 30 years, representing employers on all areas touching labour and employment law, both provincially and federally.

  Lorenzo has developed a practical, business-oriented approach and has built a long list of loyal clients who depend on him for direct solutions, risk analysis and strategic advice. Cognizant of the time pressures and deadlines most employers experience in today’s workplace, he combines focused, calm and proactive advice with exceptional client service, while remaining approachable to all levels of the organization.

  His expertise spans the broad spectrum of workplace law, whether it be defending employers against employee claims (wrongful and constructive dismissal, human rights, harassment) or dealing with a unionized workplace. He has extensive experience in grievance and labour board litigation, injunctive proceedings, responding to union organizing and applications for certification, collective bargaining and grievance arbitration. Lorenzo also advises his management clients on acquisitions, divestitures and restructurings, enforceability of restrictive covenants and the application of various labour and employment statutes.

  Lorenzo writes and speaks extensively. He is the originator of the Aird & Berlis Workplace Law webinar series which provides one hour webinars on current and topical labour and employment issues, and which offers practical advice and tips for employers in navigating the complex laws and rules of the workplace. He also has developed and presents management training seminars on a wide variety of topics, including human rights, union organizing defence strategies, strikes and lock outs, employment policies and procedures and risk management.

  Lorenzo has served on the Board of Directors of the Canadian Association of Counsel to Employers as well as a member of the Government Affairs Committee of the Human Resources Professionals Association of Ontario.

• 10:55 AM

  Legal considerations in terminations: enforcement of severance provisions

  As the economy moves towards an impending recession, the review of termination clauses, policies, and practices should be given heightened attention. Employers have seen an increased risk of successful wrongful termination claims while facing a host of new termination legal issues, including the questioning of the enforceability of severance provisions. Therefore, it is it’s essential to be well versed in the latest practices to better protect employers during the termination process. This session will examine recent cases and trends in terminations. 

  • Best practices for managing the termination process: role of performance reviews and disciplinary actions 
  • Impact of the Waksdale decision on enforceability of severance provisions: ensuring severance provisions are compliant with minimum standards of ESA 
  • What qualifies as constructive dismissal in the workplace? 
  • Tips for drafting enforceable termination clauses: most common pitfalls employers face  
  • Terminations during a recession: do recessionary circumstances affect the amount of severance an employee is owed? 
  • After-acquired cause: can evidence uncovered post-termination be used to formulate new grounds of just cause? 

  

  David A. Whitten

  Partner
  Whitten & Lublin

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  David A. Whitten

  Partner
  Whitten & Lublin

  David Whitten is a nationally recognized and highly sought-after employment lawyer. As a founding partner of Whitten & Lublin, a top employment law firm, David focuses on the strategic resolution of complex workplace issues and challenges for both employers and employees.

  What sets David apart is his abiding belief in fairness. He holds that the most productive and successful work environments are those in which both the employer and employees are treated with respect. This ethical standard makes him a compelling advocate in negotiations or in court and an opponent to be reckoned with.

  For private and public sector employers, he has provided knowledgeable counsel on a broad range of issues, including workplace safety a n d insurance, employment standards, human rights, hiring, terminations, involuntary and voluntary buyouts, and common law obligations in Canada.

  David places great stock in flexibility and finding solutions through negotiated resolution. However, he is also a formidable litigator. He has appeared before all levels of courts in Ontario and a range of tribunals, including: The Ontario Labour Relations Board, Ontario Human Rights Tribunal, The Workplace Safety and Insurance Board and Workplace Safety and Insurance Appeals Tribunal.

  Most recently, David was lead counsel in the seminal case Rahman v. Cannon Design Architecture Inc., 2021 ONSC 5961 where he successfully defended an employer’s severance provision despite overwhelming odds. Although the decision was later overturned on appeal, its impact was significant.

  David’s expertise and straight talk are widely recognized in Toronto media circles. His viewpoint has been sought by The Toronto Star, The Globe and Mail and The National Post, and he has commentated on employment issues in interviews with CBC Radio One’s, Here and Now, and News Talk 1010. He is also frequently asked to speak on employment issues by The Human Resources Professional Association, The Canadian Payroll Association, and the Certified General Accountants Association of Canada.

  In 2013, Lexpert named David A. Whitten as a litigator to watch in its US Guide to Leading Cross-border Lawyers. Since 2015, David has been named annually by Lexpert as a repeatedly recommended lawyer culminating in him being designated a Leading Practitioner for both Employers and Employees. He also co-authored “HR Manager’s Guide to Independent Contractors in the Workplace” which was published by Carswell.

  In 2022, Whitten & Lublin was nationally recognized for the third time in recent years, as one of Canada’s Top 10 Leading Employment and Labour Law Firms by the Canadian Lawyer Magazine.

  David is also an international member of The Soho House

• 11:30 AM

  Privacy, employee monitoring, and surveillance technology issues

  Technology has not only allowed for the dramatic increase in employees working remotely, but it has also offered employers new ways to track, monitor, and analyze workers through the use of new forms of digital surveillance – giving rise to new privacy concerns for employees. This session will examine employer and employee rights and obligations under current privacy laws and regulations. 

  • Developments in the law regarding how employers collect, use, and disclose employee data: overview of privacy law as it applies to the employment relationship 
  • Best practices for developing, implementing, and applying a compliant electronic monitoring policy  
  • Legal ramifications of increased use of employee monitoring software in remote workplaces 
  • Limits on accessing employees’ social media during the lifecycle of the employment relationship: legally managing employee use of social media 

  • Key considerations for developing a social media policy:  for employee use of social media 

  

  Andrea York

  Partner
  Blake, Cassels & Graydon LLP

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  Andrea York

  Partner
  Blake, Cassels & Graydon LLP

  Andrea is the Practice Group Leader of the Blakes National Employment & Labour group and Co-Chair of the Firm’s Privacy group. She is an experienced advocate with over 20 years of experience in the areas of employment and privacy law. Her practice is devoted exclusively to advising corporations and other employers on employment and privacy law matters. 

  Andrea provides clients with timely and practical advice on day-to-day human resources and employee relations issues that impact their workplaces. She works with employers across a variety of industries, including banking and financial services, retail, manufacturing, medical and consumer products, technology, pharma, and marketing and advertising. Andrea regularly works with clients on the preparation of employment, executive compensation and termination agreements, and assists clients with employee policy development and review.  When disputes arise, she also acts for employers in various legal proceedings, including wrongful dismissal and human rights claims as well as claims enforcing post-employment obligations. Andrea also advises on the employment and privacy law aspects of commercial transactions, including M&A transactions, reorganizations, insolvencies and outsourcing transactions. 

  Andrea is also a member of the Blakes NITRO team, and a member and past Co-Chair of the Diversity & Inclusion Committee at Blakes. 

   

• 12:00 PM

  Networking & lunch break 

• 12:30 PM

  Addressing new developments in accommodation

  The duty to accommodate continues to evolve and increase in complexity. For example, how does an employer balance the accommodation of an employee’s use of cannabis for medical purposes with the duty to provide a safe workplace. With recent decisions by courts and tribunals illustrating significant liabilities for employers, it is critical that employers are well informed on the evolving issues and up to date on their legal obligations. This session will explore the current legal landscape and how employers can best protect themselves. 

  • Employers’ legal duties with respect to human rights and mental health accommodation 
  • Complex accommodation requests, such as medical cannabis use in the workplace: policies that need to be implemented and the limits of accommodation 
  • Developments in the limits to accommodation: Undue hardship and a bona fide occupational requirement 
  • Scope of documentation that employers can request
  • Emerging challenges and duties of accommodation in a hybrid work environment: accommodating alternative working arrangements and family status 

  

  Alison M. Adam

  Partner
  McLennan Ross

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  Alison M. Adam

  Partner
  McLennan Ross

  Alison Adam is a skilled labour and employment lawyer. She advises employers in Alberta and Ontario in a wide range of industries across the public and private sectors, including oil & gas, banking, food and agriculture, aviation, and health care.

  Alison works closely with in-house counsel as well as human resources and labour relations professionals providing strategic advice on labour relations, arbitration, collective bargaining, human rights, employment policies and procedures, disability management, employee discipline and dismissal, employment standards, and restrictive covenants.

  A strong advocate, Alison regularly conducts hearings before the Alberta Labour Relations Board and grievance arbitrators and represents employers in all forms of employment litigation and before human rights tribunals. She has appeared before the Courts of Alberta and Ontario, the Federal Court, labour relations boards, labour arbitrators, and the Ontario Workplace Safety and Insurance Appeals Tribunal.

  Alison is an experienced, thorough, and insightful workplace investigator. She is regularly retained by employers and other lawyers to investigate complex allegations of discrimination, harassment, bullying, and violence in the workplace. Alison also conducts workplace assessments, consults on investigations, and conducts training on workplace investigations.

  Clients appreciate Alison’s accessibility. She provides responsive client service and dedicates herself to understanding her clients’ business needs. Alison considers her clients problems her own and provides not only legal options but also sound labour relations solutions.

  Alison is a frequent presenter on labour and employment law issues.

• 1:05 PM

  Enforceability of restrictive covenants and the use of injunctions post-employment

  Employers often use restrictive covenants in employment agreements to protect their business from potential harm from former employees. However, attempting to restrict a former employee from competing with your business is becoming an increasingly difficult task. This session will examine these difficulties in wake of recent legislation and the Waksdale decision, the effectiveness of injunctions, and provide recommendations for ensuring that employment contracts adequately protect an employer’s business and its intellectual property.  

  • Prohibition of non-compete clauses under recent legislation 
  • Best practices ensuring employment contracts adequately protect employers and their intellectual property 
  • Impact of the Waksdale decision on restrictive covenants 
  • The use and limitations of using injunctions against former employees 
  • Overview of the future of restrictive covenants in Canada: how amendments to the Canadian Competition Act coming into force in June 2023 will affect the enforceability of restrictive covenants 

  

  Veronica Kenny

  Senior Counsel – Canada
  PetSmart

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  Veronica Kenny

  Senior Counsel – Canada
  PetSmart

  Veronica is the Senior Counsel Canada at PetSmart. She is the sole attorney responsible for supplying strategic legal advice to PetSmart’s Canadian business team on a broad range of retail topics. Veronica is based out of PetSmart’s Canadian Home Office (CHO) in Burlington which supports PetSmart Charities of Canada and the operations of over 150 Canadian PetSmart stores. Prior to joining PetSmart Veronica spent over 10 years as the Labour and Employment Legal Manager at UPS Canada. She is an experienced labour and employment attorney known for providing general human resources advice on a proactive basis to assist management in resolving issues before litigation commences. She often prepares and delivers in-house training sessions to help management deal with matters without having to resort to her advocacy skills. Prior to joining UPS, Veronica practiced employment and labour law with various management side labour and employment boutique law firms. In the past, Veronica has been a part-time faculty member in the Conestoga College Human Resource Management Program teaching courses in labour relations and employment law. Veronica is a graduate of the University of Western Ontario Law School and holds a Bachelor of Science, Honours Degree from the University of Toronto.

  

  Daniel Chodos

  Partner
  Whitten & Lublin

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  Daniel Chodos

  Partner
  Whitten & Lublin

  As a seasoned employment lawyer, Daniel Chodos, a senior partner at Whitten and Lublin, has extensive experience in workplace law.  Engaged by both employees and employers, Mr. Chodos concentrates on finding the resolution that best meets the needs of his client. Daniel is thoroughly skilled in handling workplace disputes, severance negotiations and human rights issues. 

  Mr. Chodos’ calm, courteous and practical approach to his clients and practice, sets the tone for effective negotiations and resolution.  Daniel’s detail orientation and analytical prowess enables him to see all sides of the case and strategize accordingly.  With this foresight, Daniel  forges a path that leads to the best results for his client. Daniel’s cordial nature does not mean he backs down from a fight. Rather, he will not hesitate to move to litigation when necessary to protect the interests of his client. By always putting his client’s best interest at the forefront, Daniel helps them make smart business decisions. 

  While Daniel is thoroughly skilled in handling all employment related legal issues, what sets him apart is his skill and courtroom successes in challenging non-competition and non-solicitation clauses in contracts. 

  In his personal time, Daniel is an avid tennis player and enjoys the occasional fantasy sports league. 

  Courtroom Success: – Daniel Never Backs Down From a Fight

  Through Daniel’s unrelenting “will to win”, he pursues the interests of his clients from the start of a case, right through to courtroom litigation. 

  He has represented both employees and employers before numerous administrative tribunal hearings and in the courts, including the Ontario Superior Court of Justice, the Ontario Court of Appeal, the Ontario Labour Relations Board, and the Human Rights Tribunal of Ontario. Daniel’s legal successes include the following cases: 

  • Wetzel vs. Procom, 2022 – Successfully argued in the Court of Appeal to uphold the previously awarded severance. 
  • Wetzel vs. Procom, 2020 – Winning a case to award fair severance to a fixed term employee whose contract expired. 
  • Gadbois v. Newcom Business Media Inc., 2016 – Persuading the Court of Appeal to uphold a lower court decision to award substantial damages to his client based on projected future earnings. 

   

• 1:40 PM

  Networking & afternoon break

• 2:10 PM

  Emerging issues in workplace health and safety law: a focus on mental health

  Evolving occupational health and safety law continues to present ever-increasing risks and complexities. The growing acknowledgement that mental health is just as critical as physical health has made it a key component of employer OHS obligations. This session will explore the challenges of ensuring a safe, healthy, and legally compliant work environment and provide practical strategies for managing the law surrounding mental health issues in the workplace. 

  • Significant legislative and case law update  
  • Conducting a meaningful review of corporate health and safety policies and programs: 
  • Requirement for ensuring psychological health and safety: duties and obligations  
  • Duty to report mental health related issues with respect to WSIB  
  • Ensuring health and safety compliance in hybrid work settings: health and safety issues for remote workers 
  • Harassment and violence policies and their intersection with OHS laws 

  

  Madeleine Loewenberg

  Co-Founder
  Loewenberg Psarris Workplace Law LLP

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  Madeleine Loewenberg

  Co-Founder
  Loewenberg Psarris Workplace Law LLP

  Madeleine has practiced exclusively as an employment and labour lawyer since her call to the Ontario bar in 2002. She regularly drafts and provides advice related to employment contracts; provides advice related to attendance management; consults in respect of termination entitlements; conducts workplace investigations; drafts workplace policies and procedures; advises on and litigates issues arising under the Ontario Human Rights Code, the Employment Standards Act, 2000, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act; and conducts grievance arbitration proceedings and wrongful dismissal litigation.

  In addition, Madeleine advises on compliance and training initiatives related to the Ontario Human Rights Code, the Accessibility for Ontarians with Disabilities Act and the Occupational Health and Safety Act. She also conducts neutral third party workplace investigations.

  Madeleine has appeared before administrative tribunals and various levels of court, including the Superior Court of Justice, the Ontario Court of Appeal and the Federal Court of Canada.

  She lectures and leads workshops for other practitioners, employer associations and clients on a wide variety of topics related to her practice. She has contributed to (and been quoted in) a variety of publications including: Canadian Employment Law Today, the Workplace News, the Law Times, the Canadian Safety Reporter and the Mercer/CCH Guide for Employers.

  Madeleine graduated Osgoode Hall Law School in 2000.

  Madeleine has been repeatedly identified by Best Lawyers in Canada in the fields of Labour and Employment Law as well as Workers’ Compensation Law.  She has been recognized in the Canadian Legal Lexpert Directory in respect of her Occupational Health and Safety Law practice on numerous occasions.  She is also a Canadian Occupational Safety Five-Star Safety Lawyer.

• 2:45 PM

  Effective strategies for conducting workplace investigations: Best practices for responding to incident reporting

  Despite increased attention to anti-social behaviour in the workplace, such as claims of harassment, bullying, or racism, these types of complaints continue to abound. Employers need to ensure that their policies and protocols are up to date, and they are ready to act quickly when these issues arise. This session will examine best practices for how employers should respond to incident reporting, as well as their post incident response, providing practical insights into the skills necessary to perform effective investigations. 

  • Developments in law and emerging trends related to responding to workplace complaints 
  • Best practices for handling allegations of workplace misconduct: practical tips for avoiding common procedural errors in conducting effective investigations 
  • Understanding how to identify and manage cases of virtual harassment 
  • Ensuring procedural fairness in investigations: best practices for conducting investigations in an unbiased and compliant manner 
  • Key challenges for conducting remote investigations 
  • Recognizing and addressing the types of behaviour that can constitute more subtle forms of harassment 

  

  Sarah Crossley

  Partner
  Filion Wakely Thorup Angeletti LLP

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  Sarah Crossley

  Partner
  Filion Wakely Thorup Angeletti LLP

  As a partner in the Firm, Sarah acts for employers in both the federal and provincial jurisdictions. Her clients operate in a range of industries, including manufacturing, telecommunications, retail, financial services and pharmaceutical.

  Sarah provides practical and strategic advice to employers on all aspects of labour and employment law. She regularly acts as counsel in wrongful dismissal litigation, human rights proceedings, and grievance arbitrations. She is also regularly retained to conduct workplace investigations.

  Sarah is a sought-after expert, having written on and delivered many presentations on such issues as conducting lawful and effective workplace investigations, accommodation, workplace discrimination and harassment, terminations, and the benefits of employment agreements. She is a past course instructor for the employment law course at the Human Resources Professionals Association and for the HR Law for HR Professionals Certificate Program at Osgoode Professional Development, Osgoode Hall Law School. Sarah is a Fellow of the American College of Labor and Employment Lawyers.

  Before joining Filion, Sarah practiced management-side labour and employment law with a global firm.

• 3:35 PM

  Emerging legal issues in the gig economy

  As the modern workplace continues to evolve, non-standard work arrangements have exploded into the mainstream. Recent studies even show that 13% of Canadians are part of the gig economy. Employers are beginning to rely more heavily on temporary and part-time positions filled by independent contractors and freelancers, rather than full-time permanent employees. While gig workers maintain increased flexibility and independence, they have little or no job security. This session will explore the impact of moving to a gig economy, the potential legal and associated risks related to hiring independent contractors, and a look at best practices for employing them. 

  • Key factors in determining whether someone is an independent contractor, a dependent contractor, or an employee 
  • Business risks that can arise from misclassifying a worker 
  • How the classification of a worker impacts the employment relationship from the hiring to firing stage 
  • Are gig workers entitled to employment standards protections? 
  • Leading jurisprudence addressing the “gig workers” 
  • Legislative developments: Governments of Canada, Ontario, & BC 

  

  Nancy Shapiro

  Partner
  Koskie Minsky

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  Nancy Shapiro

  Partner
  Koskie Minsky

  Nancy Shapiro’s practice is devoted exclusively to the area of employment law. 

  Nancy has been recognized by Best Lawyers™ as the 2023 “Lawyer of the Year” for Labour and Employment Law in addition to other distinguished professional rankings including The Best Lawyers in Canada and Chambers Canada, which she has held since 2022. In 2022 Nancy received the Canadian HR Reporter 5 – Star employment ranking. Nancy was also ranked for three straight years as one of the top 500 lawyers in Canada by the Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada and has been recognized in the Canadian Legal Lexpert Directory as a leading practitioner in the area of employment law (both for employer and employee side work), since 2017. 

  Nancy represents non-unionized employers and employees in a wide variety of sectors. Nancy is thoroughly versed in issues surrounding all aspects of the employment relationship from hiring, discipline, disability management, performance management and human rights through to termination. She is frequently engaged on the preparation and negotiation of employment contracts, manuals and policies, legislative compliance, restructuring, workplace investigations as well as litigation and appellant work. Nancy focuses on working with her clients in an effort to proactively minimize risks and cost while being a zealous advocate. 

  As a member of the firm’s litigation department, Nancy also acts on cases of wrongful dismissal, breach of contract, discrimination, constructive dismissal, director and officer liability and errors and omissions issues and partnership/shareholder disputes in the employment context. Nancy is on the LawPro preferred counsel list and offers representation to lawyers in errors and omissions cases involving this subject matter. Nancy is also a frequent speaker at industry conferences and author of many employment related articles.
  Nancy is also a member of the Firm’s Executive Committee. 

   

• 4:00 PM

  Closing remarks