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How Do Employers Respond?

All of us have biases, informed by our history, lived experiences and cultural influences. Unconscious biases affect our decision-making and can have a profound impact in the workplace on personnel decisions, retention, morale, productivity and equal opportunity. In this session, we will discuss how unconscious bias can impact the workplace, as well as corporate responsibility to recent social movements that have brought bias, equity and inclusion to the forefront of the conversation. 

Is arbitration really more speedy, efficient, flexible and economical than litigation?  In this discussion our panelists will consider the benefits as well as the downsides of arbitration, in the context of a variety of disputes.  We will examine the in-house counsel’s role throughout the arbitration process from the contracting stage through the point of dispute, and through the arbitration hearing and beyond.  We will discuss the design of arbitration clauses, and their implementation and enforcement.  We will consider dispute resolution providers and their rules and policies, including the merits of the use of private judges vs. lawyers as arbitrators.  We will address early determination of issues through dispositive motions, discovery, and whether to preserve a right of appeal in connection with the arbitration process.  Our panelists will also provide insights concerning their experiences with arbitration of diverse corporate, commercial and employment related disputes, including the importance of establishing a realistic schedule, creativity in the arbitration setting, as well as coordinating the settlement process with the arbitration process.

Mediation has become an extremely popular method of settling legal disputes. Our highly experienced panel has seen it all and will break it down and consider the who, what, when, and where of mediation from all angles, including the role of corporate counsel. We will discuss the upsides of having a mediation clause in your contracts and what it should say. We will consider the benefits of pre-dispute mediation and the challenges of mediation during various stages of arbitration and litigation. We will also examine service provider options and the choice of the use of retired judges or lawyers serving as mediators, and compare online vs. live mediation. We will discuss the roles of the parties, in house and outside counsel, mediator, and insurance carrier representatives during the mediation and techniques for breaking through impasse. How should you as corporate counsel prepare to go into a mediation most effectively to get the most out of the mediation? Our program will give you insights from multiple veteran perspectives.

Successful Alternative Dispute Resolution for Your Company  | Part 2: Arbitration (August 11, 11:30 AM)

Is arbitration really more speedy, efficient, flexible and economical than litigation?  In this discussion our panelists will consider the benefits as well as the downsides of arbitration, in the context of a variety of disputes.  We will examine the in-house counsel’s role throughout the arbitration process from the contracting stage through the point of dispute, and through the arbitration hearing and beyond.  We will discuss the design of arbitration clauses, and their implementation and enforcement.  We will consider dispute resolution providers and their rules and policies, including the merits of the use of private judges vs. lawyers as arbitrators.  We will address early determination of issues through dispositive motions, discovery, and whether to preserve a right of appeal in connection with the arbitration process.  Our panelists will also provide insights concerning their experiences with arbitration of diverse corporate, commercial and employment related disputes, including the importance of establishing a realistic schedule, creativity in the arbitration setting, as well as coordinating the settlement process with the arbitration process.

Alcoholism has long been a challenge for many in the legal profession in particular and the stress and social isolation from the pandemic has resulted in increased alcohol abuse. Shannon Petersen, the managing partner of Sheppard Mullin’s Del Mar office, will tell his personal story of alcoholism and share valuable insights for how to help colleagues, friends, and family dealing with addiction.

Shattering the Barriers That Still Hold Women Back at Work

Featuring Colleen Ammerman, co-author of “Glass Half Broken” and director of the Harvard Business School Gender Initiative.

Finally, REAL SOLUTIONS, not just talk. You will learn about:

• Concrete actions that you as an individual can take.
• Structural changes that organizations can make.
• The role of men in addressing inequities that continue to exist despite decades of corporate initiatives, public policy programs and grassroots activism.

The program will include breakout rooms meet other participants and discuss how you can make an impact.

All participants will be entered into a lottery, and 25 will receive a free copy of “Glass Half Broken."

Please join Presiding Judge Lorna A. Alksne of the San Diego Superior Court for an update on our local trial courts and ongoing operations in light of the state's reopening guidelines. 

Attendees are welcome to submit questions to Judge Lorna A. Alksne by Friday, June 11 at 4 p.m. Submit your questions here »

A recording of the update will be available for members and community members on the SDCBA website at no charge starting Wednesday, June 16.

Solving for the Latest Challenges Facing Employers

The CDC’s latest guidance lifting many restrictions for most fully vaccinated individuals has forced employers to consider whether and how to implement workplace vaccination policies. Join us for this one-hour webinar as we explore the current workplace vaccine compliance landscape and offer best practices for implementing vaccination policies aimed at making workplaces safe while accounting for jurisdictional, political, philosophical, and physical divides. 

Topics include:

• Recent federal, state, and local workplace vaccine guidance and related legal developments
• Vaccine status inquiries, documentation, and confidentiality
• Vaccine policy options, including voluntary versus mandatory policies and securing employee buy-in
• Incentivizing employee vaccination
• Vaccine-related accommodations
• Considering client and customer vaccination preferences

The role and responsibilities of in-house counsel managing the company’s litigation have intensified in terms of scope, pace and reporting requirements. Join us for a webinar on what in-house counsel should know about litigation moderated by Paul Najar, Senior Vice President and General Counsel at Gafcon, and with Morrison & Foerster’s litigation team.

This program will provide practical guidance and strategies, including:

• Factors to consider on whether to sue, resolve or move on
• Selection of counsel; how to select the right lawyer / firm for the case
• How to manage a budget / work plan
• Setting goals and objectives and timing
• Possible negative media attention/PR
• How to prepare (ahead of outside lawyers) my executives and other employees for testimony?
• For a public company, how to comply with disclosure obligations (as claims happen or lawsuit developments change)?

A Rapid-Fire Overview with Christopher Marquis and Benjamin Stone

Over the last decade, society has increasingly demanded that corporations (public and private) and their investors not only pursue profits but also strive to generate positive social impact. In the face of a global pandemic, economic uncertainty, and a heightened focus on inequality, this emphasis on social innovation has only accelerated. 

You may have heard many different terms related to social innovation, including ESG, public benefit corporations, B-Corps, social entrepreneurship and social enterprise, CSR, greenwashing, conscious consumerism, impact investing, DEI/JEDI, regenerative models, net-zero, and stakeholder primacy. But what do these actually mean, and how are they related to each other?