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Session Descriptions

Subject to change and not necessarily in the order listed here. Note that one more session description is forthcoming as well as several speaker confirmations.

Getting to Yes: Negotiating Client and MSP Contracts

Jim Essey, CSP, president and chief executive officer, The TemPositions Group of Cos.
Joel A. Klarreich, Esq., member, Tannenbaum Helpern Syracuse & Hirschtritt LLP
Steven J. Whitehead, Esq., partner, Taylor English Duma LLP

Your staffing company is on the cusp of landing a major client it’s been pursuing for some time, but one obstacle looms large: negotiating the contract. Whether it’s a client’s contract or one proffered by a managed services provider (MSP), refusing to sign indemnity, confidentiality, and other contract clauses could sink the deal—but signing could lead to significant liability. In this session, in-house attorneys from staffing firms and a leading MSP discuss strategies for resolving these issues, and will engage in a mock negotiation that will show you how to seal the deal.

You Be the Judge—Top Staffing Cases From 2016

Panel facilitated by Stephen C. Dwyer, Esq., general counsel, American Staffing Association
Panelists: Eric H. Rumbaugh, Esq., partner, Michael Best & Friedrich LLP
Donald W. Schroeder, Esq., partner, Foley & Lardner LLP

In this interactive session, leading staffing company attorneys will plead their cases to you—the audience. They will present facts and arguments from some of the most important staffing litigation from the past year and let you decide the outcome. See whether your verdicts are in line with those of the courts, and learn why these cases are important for your staffing business. If you were at this highly rated session at last year’s ASA Staffing Law Conference, join us again for all new cases!

Avoiding a Data Breach: Legalities of Electronic Recordkeeping

Cynthia Larose, Esq., member, Mintz Levin Cohn Ferris Glovsky & Popeo PC
Storing employment records and other related data electronically can save time and expense. However, it can also present several serious legal issues—including complying with rules about how long you must preserve the information, how to ensure its confidentiality, and fulfilling legal obligations to prevent and address data breaches. In this session, a leading expert on this topic discusses the latest legal developments affecting the staffing industry, and shares strategies your company can adopt to safeguard confidential electronic information and data.

Conducting Background Checks: Compliance Strategies and Client Support

Pamela Devata, Esq., partner, Seyfarth Shaw LLP
Marc Freedman, Esq., partner, Law Offices of Marc D. Freedman LLC

With the proliferation of state and local laws governing when and how staffing companies may conduct and utilize background checks in the hiring and placement process, being up-to-date on the latest developments is critical to business operations. In this session, a panel of experts on this legal issue presents staffing-specific strategies that comply with the myriad laws and ordinances, as well as tactics for dealing with clients who are not well-versed in the laws’ requirements.

Tracking Trump: Legal Developments Under the New Administration

Stephen C. Dwyer, Esq., general counsel, American Staffing Association
Edward A. Lenz, Esq., senior counsel, American Staffing Association
Toby Malara, Esq., government affairs counsel, American Staffing Association

From the Affordable Care Act, to overtime, to minimum wage, to joint employment, the Trump administration has promised to undo much of the labor and employment legacy of the last eight years. Hear from a panel of industry experts and Washington insiders who will cut through the rhetoric and address what will likely be in play over the next four years, as well as and the potential impact on the staffing industry.

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