(exact times are subject to change)
8:30 – 9:20 AM | Dynamic Docket
Speakers: Kyle B. Russell, Jackson Lewis, PC, Overland Park, KS and Julianne O. Germinder, TGH Litigation LLC, Columbia
9:20 – 10:10 AM | Non-compete Provisions, Duty of Loyalty, Fiduciary Duty for Employees
Speaker: Jonathan C. Berns, Dobson, Berns & Rich LLP, St. Louis; Krissa P. Lubben, Thompson Coburn LLP; and Charles M. Poplstein, Thompson Coburn LLP, St. Louis
10:10 – 10:20 AM | Break
10:20 – 11:10 AM | Legalization of Marijuana: Employment Issues
11:10 AM – 12:00 PM | Perspectives on Diversity and Inclusion in the Legal Profession and Beyond
Speakers: Fred Falker, Falker Consulting Group and Christopher A. Pickett, Greensfelder, Hemker & Gale, PC, St. Louis
12:00 PM | Adjourn
Tory Bernsen is a partner at Muhlenkamp & Bernsen and focuses her practice on criminal defense and appellate advocacy. Ms. Bernsen is a Criminal Justice Act Panel Attorney for the United States District Court in the Eastern District of Missouri and the defense attorney for the DWI Court Program in St. Louis County. She sits on the Board of Directors for the Missouri Association of Criminal Defense Lawyers (MACDL).
Ms. Bernsen received the Atticus Finch Award from MACDL in 2019 and is a staunch advocate for appellate review on the merits and effective representation of criminal defendants. Ms. Bernsen is a member of the National College for DUI Defense and, while serving as Special Assistant Attorney General and Legal Counsel to the Director of Revenue, she completed the National Highway Traffic Safety Administration (NHTSA) course in the administration of standardized field sobriety testing.
Fred Falker is the President of Falker Consulting Group, Inc., a consulting and human resource development training firm and former Director of Workforce Development for the Saint Louis Zoo. He has worked as an organizational development consultant for more than 30 years, helping organizations with performance management, customer service, and inclusion & diversity consulting and training. At the Saint Louis Zoo, his work focused on helping the organization establish itself as one of the best places to work, serve and volunteer in the country.
Over the past twenty-five years, Fred has developed and introduced a fundamentally new and better approach to diversity, equity, and inclusion. This approach goes beyond today’s anti-racism and unconscious/implicit bias training. Instead of focusing on the differences between people, Fred focuses on the distance between them and the behaviors that drive connection, inclusion, and belonging.
Fred has partnered with Chapman & Co. Leadership Institute to develop a program called Include to bring distance paradigm thinking and behavioral change into organizations. Fred is also currently working on a book detailing this transformative way of thinking about inclusion and diversity titled, Seeing the Box: Connecting with People.
Julianne is one of the three founders and principals at TGH Litigation LLC in Columbia. TGH Litigation was formed in January 2017 and primarily represents individuals in civil rights and discrimination matters. In addition, the firm represents employees and students in administrative actions and does other civil litigation. Prior to founding TGH Litigation, was the employment team leader in the Missouri Attorney General’s Office, Litigation Division where she worked for approximately seven years. has other private practice experience at both large and small law firms in Missouri. is a graduate of Washington University in St. Louis School of Law, and a graduate of the University of Missouri.
Krissa Lubben practices human resources law, focusing on the representation of employers in employment litigation and client counseling.
She has substantial experience in counseling clients and the defense of lawsuits involving sexual discrimination, sexual harassment, race discrimination and religious discrimination under Title VII, age discrimination under the ADEA, disability discrimination under the ADA, the FMLA, the Fair Labor Standards Act, and Sarbanes-Oxley whistleblower claims.
Krissa has also represented clients before the Equal Opportunity Commission and before state agencies, including the Missouri Commission on Human Rights and the Illinois Department of Human Rights. She has experience representing employers in state court on various issues involving covenants not to compete, defamation, intentional infliction of emotional distress and at-will employment exceptions, and employment discrimination.
Christopher Pickett’s areas of focus include employment disputes, unfair competition and securities litigation. He helps clients from an array of industries with disputes related to restrictive covenants, misappropriation of trade secrets, as well as discrimination claims and claims of breach of fiduciary duty and unfair competition. In his higher education work, Chris represents colleges and universities in all facets of litigation, including employment and labor matters, personal injury litigation, contract litigation as well regularly advising on, and conducting investigations that relate to both student and employee conduct.
Chris is a member of the firm’s board of directors and also serves as chief diversity officer, leading efforts to foster an equitable and inclusive workplace. Since joining Greensfelder in 2012, he has helped oversee the firm’s diversity initiatives, and in 2013, he was named as a Leadership Council on Legal Diversity fellow, participating in a national leadership program for high-performing attorneys from diverse backgrounds. Chris is a frequent presenter to businesses, bar groups and other organizations on topics related to equity and inclusion, including dismantling assimilation and increasing diversity in the legal profession. As leader of the firm’s Equity, Retention and Advancement Committee, his focus areas include growing, retaining and advancing a diverse group of employees, with a particular focus on groups that have been historically underrepresented in law firms.
Chuck Poplstein is a creative and highly efficient employment litigator and advisor to private and public sector employers across a wide spectrum of industries.
As the co-chair of Thompson Coburn's Human Resource practice, he draws on his 35-plus years of experience to help clients solve personnel problems, conduct investigations, manage exposure to liability, effectively defend their interests in litigation, and receive an early and realistic assessment of their risk.
Chuck has extensive experience counseling clients through all phases of non-compete and trade secret litigation across the country, from Massachusetts, Illinois, and Missouri to Texas and California. He has pioneered creative approaches to these matters, including replevin and long-arm statutes, that help companies protect their proprietary information.
Chuck represents employers in high-stakes collective and class action litigation involving claims related to wage and hour, wage payment, background checks, and independent contractors. He has successfully defended or settled such matters in Missouri, Illinois, California, and Washington, D.C.
Employers frequently look to Chuck for targeted advice on major executive employment disputes. He has designed, negotiated, and litigated executive employment agreements and helped employers win favorable resolutions in arbitrations and before state and federal courts. He also advises and arbitrates ERISA and multi-employer withdrawal liability issues. His experience extends to litigating SOX whistleblower claims and conducting SOX and harassment investigations. In his decades-long experience in traditional labor and collective bargaining, Chuck has successfully negotiated contracts in the areas of health care, social services, and public sector services.
Among other national honors, Chuck is a Fellow of the College of Labor and Employment Lawyers, and has been twice named to Human Resource Executive magazine's list of the country's "Most Powerful Employment Attorneys" (2013-2014).
Kyle B. Russell is the Office Managing Principal of the Overland Park, Kansas, and Kansas City, Missouri, offices of Jackson Lewis P.C. He represents employers in administrative charges and lawsuits involving a wide variety of statutory and common law discrimination and retaliation cases.
Mr. Russell has also defended wage and hour collective and class actions involving alleged misclassification, off-the-clock work, failure to pay the proper overtime rate, and failure to pay wages when due. He also has extensive experience prosecuting violations of covenants not to compete by former employees. In addition to employment litigation, Mr. Russell has commercial litigation experience defending multi-district and state-law consumer class actions and governmental investigations.
Mr. Russell has experience training managers on a wide variety of employment law issues, including harassment, discrimination, retaliation, workplace violence, the Americans with Disabilities Act, and the Family & Medical Leave Act. He has also advised employers with respect to the implementation of nationwide arbitration agreement programs.
Prior to joining Jackson Lewis, Mr. Russell practiced at a midwest law firm and previously spent eight years as in-house counsel for litigation, records management and legal systems for a Fortune 500 diversified financial services company, where he was responsible for developing and implementing records management, litigation hold and consumer arbitration programs.
Fri, Oct 22, 2021 - 08:30am to 12:30pm CDT
Fri, Nov 05, 2021 - 08:30am to 12:30pm CDT
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