Sacramento Valley Chapter

Topics to include:

• HARASSMENT LAWS
  • Duty to Monitor E-Mail
  • Restrict E-mail Use to Strictly Business Only
• PRIVACY CONCERNS
  • Employer?s Right to Access Private E-Mail
• DISCOVERY RULES
  • 2006 Amendments to FRCP
  • Zubulake and its progeny
• PRACTICE TIPS
  • EMPLOYER POLICIES
    • Addressing proper use of e-mail in employer policies and procedures
    • Employer access to computers
  • LITIGATION
    • Knowing the IT Infrastructure in advance of litigation
      • Where does the data exists?
    • Standard ?litigation hold? letters
    • Working with counsel on protecting electronic data

DENNIS C. HUIE

Dennis is a member of Hanna & Brophy?s Employment Law Department. He has litigated cases for and represented management in employment litigation since 1996.

His litigation experience spans both public entity and private sector employment and includes representing employers against claims of discrimination, harassment and retaliation (based on disability, race, sex, sexual orientation, gender, age and religion), whistleblower and wrongful termination actions, and against wage and hour claims (independent contractors, meal period, off-the-clock work, travel time) under state and federal laws. Dennis has litigated both individual cases and class actions and practices in state and federal court, before administrative agencies (EEOC, DFEH, DLSE, WCAB and Unemployment Insurance Appeals Board), and in binding arbitration.

In addition to litigation, Dennis regularly advises employers, human resource professionals, risk managers, and corporate executives on all aspects of the employment relationship including termination decisions, handling of internal workplace investigations, and on the use of "non-compete" and confidentiality agreements in California. Dennis also advises employers on structuring employment arbitration agreements post-Armendariz. Dennis regularly speaks on navigating through disability and leave laws (ADA, FEHA, FMLA & CFRA) in making return to work decisions for disabled employees.

Betti Anders is the President and Chief Executive Officer of Professional Dynamics, Inc. A graduate of Loma Linda University, Betti first became involved in the managed care services industry in 1974, hired as a Field Case Manager with Intracorp in the State of Hawaii. Her early experiences included managing catastrophic cases within the Pacific Rim, including the Philippines & Indonesia, as well as providing legal and forensic testimony in the Federal and State Workers Compensation Industry.

Betti founded and incorporate Professional Dynamics in the State of Washington in 1981, and has expanded the business to provide Nurse, Chiropractic and Physical Therapy Case Management, Utilization Review, Peer Review, MPN Administration, Customer specific on-site programs, Triage/Early Intervention, and Chemical Dependency Management Programs. Her long tenure in the industry is driven by a commitment to ensure employees receive proper medical care, after a work-related injury, that will lead them to a full recovery and return to gainful employment?..all while maintaining a cost effective solution for employers.

MICHAEL G. McDONALD is the founder of McDonald Law Corporation in Concord, California. Mr. McDonald graduated from Marquette University in Milwaukee, Wisconsin. He received his law degree from California Western School of Law in San Diego, California.

Mr. McDonald has over 20 years of California Workers? Compensation law experience, and is a certified specialist in Workers? Compensation by the California Board of Legal Specialization of the State Bar of California. Mr. McDonald?s firm concentrates its practice in the areas of Workers? Compensation defense, including 132a, Serious and Willful claims, and subrogation. He has been appointed Judge Pro Tem for the Workers' Compensation Appeals Board in San Francisco and Stockton.

Mr. McDonald is a frequent speaker at seminars concerning Workers? Compensation issues and authors articles for various publications. He is a recipient of the Reginald Heber Smith Fellowship and is a member of the Contra Costa County Bar Association-Employment Law Section, California Chamber of Commerce, Diablo Valley Industrial Claims Association, and the Valley Industrial Claims Association. Mr. McDonald is president of the non-profit Bay Point Rod and Gun Club, which is organized to promote conservation of natural resources and promote the shooting sports.