5th Annual Labor & Employment Law Conference, American Bar Association, Seattle

The 5th Annual Labor & Employment Law Conference held by the American Bar Association Section of Labor and Employment Law took place in Seattle on November 2- 5, 2011. Among the many speakers at this event were partners Elleanor Chin, Bob Blackstone, and Lawton Humphrey. A brief synopsis of the panels they were a part of are below. 

As the social media explosion continues, so does the need for employers to determine whether they will regulate use of such media in their workplaces. This panel will focus on the types of restrictions that employers can impose on employee use of social media. How broad can or should employer policies be? To what extent can they regulate employee usage of social media outside the workplace? What particular issues are faced by technology companies or other employers whose employees use social media for work as well as personal uses? Our panel also explored the new virtual labor-management struggle: When is employee use of social media (blogging, Facebook, Twitter, etc.) protected concerted activity or unprotected disloyalty? Is employer monitoring of off duty social media activity a good business practice or unlawful surveillance? How will labor law address these and other new cyber questions?

Moderator:

• Robert A. Blackstone, Davis Wright Tremaine, Seattle

Speakers:

• Barbara L. Camens, Barr & Camens, Washington, D.C.
• Karen Jones, Microsoft Corporation, Redmond, Wash.
• Mark D. Risk, Mark Risk, P.C., New York, N.Y.
• Eric A. Tate, Morrison & Foerster LLP, San Francisco

How are leading companies protecting their most valuable technology and data from misuse or misappropriation by increasingly mobile employees? How are these companies dealing with the frequently blurry line between personal and corporate information, particularly on mobile devices? At what point do employers go too far? For example, should an employer insist on the ability to electronically “wipe” an employee’s personal mobile device if it contains any corporate information? This panel included in-house and outside counsel for leading companies as well as employee and union counsel talking about both the legal issues as well as the practical policies and procedures involved in addressing these issues in workforces filled with bright, technologically-savvy employees.

Moderator:

• Kelby D. Fletcher, Stokes Lawrence, Seattle

Speakers:

• Lawton Humphrey, Davis Wright Tremaine, Seattle
• Mark Milone, The Boeing Company, Seattle
• Dev Stahlkopf, Microsoft Corporation, Bellevue, Wash.
• Spencer Nathan Thal, Teamsters Local 117, Tukwila, Wash. 

The e-discovery and document review process can be complicated, expensive and time-consuming. When electronic data is strategically managed, however, and the right technology is employed, discovery can be streamlined and leveraged to generate vital and lasting litigation value. This panel explored practical strategies and technologies for the management of substantial amounts of electronic data in litigations of all sizes. Topics included available technologies, negotiation with opposing counsel, reviewing produced materials and form of production.

Moderator:

• Sean R. Gallagher, Polsinelli Shughart PC, Denver

Speakers:

• Andrea Brenneke, MacDonald Hoague & Bayless Attorneys and Counselors at Law, Seattle
• Elleanor H. Chin, Davis Wright Tremaine, Portland, Ore.
• Cecil A. Lynn, Littler Mendelson PC, Phoenix, Ariz..
• Emily V. Pastorius, DISH Networks, Englewood, Colo.
• Alvin A. Velazquez, Service Employees