Originally presented 11/11/2022
The Dynamic Docket & Legal Update
Panelists: Jonathan C. Berns, Dobson, Berns, & Rich LLP, St. Louis and Shelley Ericsson, Ogletree, Deakins, Nash, Smoak & Stewart, PC, Kansas City
Arbitration: Case Law Roundup and Legislative Developments
Panelists: H. Anthony (Tony) Relys, TGH Litigation LLC, Columbia (plaintiff's perspective) and Andrew D. Kinghorn, Jackson Lewis, PC, St. Louis (defense perspective)
Andrew Kinghorn and Tony Relys will begin with an introduction regarding longstanding arbitration law in Missouri in order to provide context. They will then provide a case law update, discussing the effect recent Missouri and federal cases have had on existing arbitration law in Missouri. Finally, Andrew and Tony will discuss recent and significant legislative changes that have affected arbitration law.
Remote Work Issues and Trends
Speaker: Tyler "TJ" Briggs, Bryan Cave Leighton Paisner, Kansas City and Sarah R. Holdmeyer, Bryan Cave Leighton Paisner, Kansas City
Navigating Recent Changes to Litigation Practices in Missouri State Court
Speaker: Stacy M. Bunck, Ogletree, Deakins, Nash, Smoak & Stewart, PC, Kansas City
This session will focus on recent changes for Missouri state court practitioners, including updates regarding dispositive motions, the pleading of punitive damages, and changes in discovery rules.
Issues with Current Employees Who Bring Employment Claims
Panelists: Tara Eberline, Foulston Siefkin LLP, Overland Park Kansas and Kristi L. Kingston, Employee & Labor Law Group of Kansas City, LLC, Overland Park, KS
This session will provide the plaintiff’s and defendant’s perspective on the issues faced when an employee brings legal claims against his/her current employer, including issues concerning the taking of company documents, tape recording, participating in investigations, acts of retaliation, and negotiating exit strategies.
Top 10 Mediation Issues with Employment Cases
Moderator: Kyle B. Russell, Jackson Lewis, PC, Overland Park, Kansas
Panelists: Joseph K. Eischens, Law Office of Joseph K. Eischens, LLC, Parkville; Nancy E. Kenner, The Kenner Law Firm, PC, Kansas City; David Vogel, Law Office of David C Vogel, LLC, Leawood, Kansas; Camille L. Roe, Armstrong Teasdale LLP, Kansas City
A panel discussion of best (and worst) mediation practices.
Reducing Implicit Bias through Conscious Awareness
Speaker: Vincent D. Reese, Mickes O'Toole, LLC, St. Louis
Improve your understanding of the nature and science behind bias. Implicit bias is a hidden bias, hard wired into our brains over millions of years of evolution. A form of cognitive shortcut, unconscious and unintentional biases aid the brain in quick decision-making and information processing. Although we all have implicit biases, our specific biases are uniquely our own as they are shaped by our individual life experiences. As individuals, we are generally unaware of our specific biases and their effects on our decision making. This program will provide you with a practical guide to understanding how and why biases are created, as well as how to become more aware of your own unconscious biases in order to enhance your mindful decision-making. Overall, this program will support your ability to recognize these biases and implement strategies to curtail their harmful effects in your legal practice.
Objectives of the Presentation:
• Understand what implicit bias means and how it may influence our decisions.
• Explore the impact of biases - from benign, unconscious biases to explicit, inappropriate biases - that breed stereotypes, create barriers to inclusion, and impact your legal practice and relationships with colleagues, peers, and clients.
• Learn to recognize some behaviors that may suggest bias or differential treatment.
Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.
|The Dynamic Docket & Legal Update (760.5 KB)||Available after Purchase|
|Arbitration Legislation and Case Law Update (511.7 KB)||Available after Purchase|
|Remote Work Issues & Trends (202.3 KB)||Available after Purchase|
|Navigating Recent Changes to Litigation Practices in Missouri State Court (330.8 KB)||Available after Purchase|
|Issues with Current Employees Who Bring Employment Claims (1.1 MB)||Available after Purchase|
|Mediation Issues with Employment Cases (136.7 KB)||Available after Purchase|
|Reducing Implicit Bias through Conscious Awareness (3.2 MB)||Available after Purchase|
|MOLAP Information (210.1 KB)||Available after Purchase|
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.
TJ Briggs is a member of the the Business & Commercial Disputes practice group. He joined the firm after spending two summers as a Summer Associate in the firm’s Kansas City office. His practice focuses on complex commercial litigation involving a variety of subject areas, including business litigation, civil disputes, employment matters, and consumer finance litigation.
TJ works with a diverse array of ?nancial institutions including national banks, mortgage lenders and servicers, and automobile ?nance companies. He understands that ?nancial institutions are faced with unique challenges due to high levels of scrutiny and ever-changing regulations. TJ has experience litigating matters involving compliance with federal and state laws and regulations, unfair and deceptive acts and practices claims, force-placed insurance, and fund transfer disputes caused by cybersecurity breaches.
Stacy is the office managing shareholder in Ogletree Deakins' Kansas City office, with extensive experience in employment-related disputes in various forums throughout the Midwest. She has experience defending allegations of discrimination, retaliation, and harassment, drafting policies, providing advice regarding various employment laws, litigation avoidance, and conducting workplace investigations.
Tara is the chair of Foulston’s litigation & employment practice group in the firm’s Kansas City office. As an employment defense attorney, Tara helps employers of all sizes navigate the ever-changing field of employment law. She advises cities and counties, business owners, managers, general counsel, and human resources professionals on complex workplace challenges at all stages of the employment relationship. Tara is a trusted resource for strategic and lawful decisions regarding potential, current, and former employee issues of all kinds.
Tara is frequently invited to speak about employment law-related topics for local chambers of commerce, associations, and other civic groups. She has spoken on an array of topics of interest to human-resources professionals, including the benefits and challenges of social media in the workplace and the proper classification of employees and independent contractors.
Outside of her law practice, Tara stays busy baking with her three children, traveling with her husband, and volunteering throughout the Kansas City community.
After serving as a mediator in more than 1000 disputes and trying dozens of cases over 20+ years as a litigator, Joe Eischens knows that compromise is tough, especially in the heat of battle that is litigation. Today, both plaintiff and defense attorneys nationwide actively seek Joe's services as a mediator who they know approaches each mediation with empathy and compassion for the litigants. Joe understands the complexity of litigation and strives to help the parties step into their opponents' shoes, for a brief moment, in order to gain a broader and fuller perspective on the case at hand. Joe brings to his mediations a deep knowledge of the law and litigation and approaches each with the goal of helping parties better understand their own cases so that they are well equipped to make thoughtful settlement decisions, ultimately facilitating a mutually satisfying case resolution a significant majority of the time. If the case does not settle at the first mediation setting, Joe diligently follows up with both sides to creatively explore further opportunities for resolution.
As the youngest of 10 siblings, Joe quickly learned the value of conflict resolution skills, His humble upbringing in Jordan, Minnesota inspired him to devote his career to problem solving. Joe earned his law degree in 1992 from William Mitchell College of Law in St. Paul, Minnesota. After working in a prosecutor's office in the Minneapolis/St. Paul area where he was in trial weekly, he relocated to Kansas City where he quickly found his niche in employment and personal injury law. In private practice he represented plaintiffs and small companies in many case types, including employment-related matters, personal injury and product liability cases and other civil matters. In 2003 he completed mediator training at the University of Missouri. After litigating for more than 20 years, while also having handled hundreds of mediations, he started his own mediation firm in 2016. In 2021 he joined with David Vogel to form Eischens + Vogel Mediation Solutions.
Joe actively lectures on best mediation practices and also provides mediation, harassment and discrimination training to HR professionals and corporate general counsels. He is a member of the prestigious International Academy of Mediators and the National Association of Distinguished Neutrals.
Shelley Ericsson is a shareholder in the Kansas City office of Ogletree Deakins. She is an experienced trial lawyer having represented both Missouri and Kansas employers in state and federal courts on a wide range of workplace matters.
Nancy Kenner has decades of experience in personal injury, medical malpractice, and products liability issues. In 1993, she founded a law firm with Sly James which evolved into KNDK Law, now The Kenner Law Firm. Nancy is also with the firm, Jay Daugherty Mediation.
Nancy is a former president of the Kansas City Metropolitan Bar Association (KCMBA) and the Association of Women Lawyers. Since 1993, Nancy has been a member of the Missouri Association of Trial Lawyers.
Andrew Kinghorn is an attorney in the St. Louis, Missouri office of Jackson Lewis P.C. His practice is dedicated to helping employers prevent and resolve workplace disputes with their employees. Andrew is an experienced trial attorney who guides his clients through employment matters of all types, at all stages of litigation, and in numerous venues.
Kristi Kingston operates the Employee & Labor Law Group of Kansas City. She is a “Missouri & Kansas Super Lawyer" in the labor and employment law field and has been recognized as one of the top 50 female lawyers and one of the top 100 lawyers in Missouri and Kansas.
Vincent D. Reese focuses his practice on labor, employment, and education law, in addition to commercial litigation. Vince has successfully litigated employment discrimination claims based on race, sex, age, disability, religion, national origin, and pregnancy in Missouri and Illinois State Courts as well as many federal district courts around the country.
Vince has extensive experience in representing his clients’ interests with respect to investigations conducted by the U.S. Equal Employment Opportunity Commission; the U.S. Department of Labor; the U.S. Department of Education, Office of Civil Rights; the Missouri Commission on Human Rights; and numerous other government agencies.
In addition to representing his clients in employment litigation matters and administrative proceedings, Vince frequently advises clients on covenants not-to-compete and unfair competition matters. He regularly conducts seminars and in-house training programs for human resources, supervisory, and managerial personnel. In his labor law practice, Vince advises and counsels clients on all aspects of labor-management relations, and he litigates representational and unfair labor practice matters under the National Labor Relations Act. He has also successfully guided numerous clients through NLRB representation proceedings and has also represented and advised public employers on matters before the Missouri State Board of Mediation.
Vince is a member of the Missouri and Illinois Bars. He is a frequent speaker for the EEOC’s Technical Assistance Program and has authored or co-authored numerous articles on employment-related matters. Vince is also a vice-chair of the Missouri Bar’s Labor & Employment Law Committee and a member of the American Bar Association’s Labor and Employment Law Section, where he has served as a contributing editor of its Developing Labor Law treatise. Additionally, Vince is an adjunct law professor at Washington University School of Law in St. Louis where he teaches pre-trial fundamentals.
Prior to commencing his legal career, Vince worked as a mortgage broker and as a credit and collections manager. He also served as an officer in the U.S. Army Reserve from 1991 to 2003. He is active within the St. Louis nonprofit community, where he serves on the boards of several charitable organizations.
Camille Roe is a senior litigation associate whose practice covers the spectrum of employment litigation, including both state and federal claims.
Camille developed substantial trial experience, having litigated numerous labor and employment matters. Her experience includes both suits by private parties and by the Equal Employment Opportunity Commission (EEOC). She has handled cases involving claims of race, age, disability, and sex discrimination, as well as sexual harassment and retaliatory discharge. She has experience dealing with the EEOC and the U.S. Department of Labor, as well as state and local labor and employment agencies.
In addition, Camille is certified in dispute resolution, and as a neutral, she has resolved a number of employment disputes in mediation.
Camille also routinely counsels clients on a variety of employment practices, including employment contracts and employee handbooks and policies. She conducts employee training seminars and harassment investigations, and frequently speaks on employment-related topics.
Prior to joining Armstrong Teasdale, Camille was an associate in the Kansas City offices of a nationwide employment law firm.
While attending law school, Camille served as a legal intern with the U.S. Department of Labor, Office of Solicitor, where she assisted with investigating and litigating OSHA, MSHA and FLSA claims. Prior to joining private practice, Camille served as law clerk to Judge Jack R. Grate, circuit judge for the 16th Judicial Circuit Court.
Camille received her B.A. from Avila University and her Juris Doctor from the University of Missouri-Columbia.
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.
With 25 years of experience in the trenches of employment defense litigation, David Vogel learned what it takes to succeed at trial – and also learned that things did not always go as planned. Dave is now putting that knowledge to use as a mediator, helping parties resolve their disputes before they reach the courtroom.
The Kansas City-area native earned his law degree in 1996 from the University of Missouri-Columbia School of Law, finishing first in his class. Out of law school, he quickly found his niche in employment defense law, practicing with one of Kansas City’s largest law firms for nearly 20 years before joining a national employment defense firm.
Over the course of his career, he helped large and small businesses across the country work through employment discrimination and other employment-related disputes. He also counseled clients on day-to-day employment matters and handled multiple appeals.
In 2016, after becoming a certified mediator through the University of Missouri-Kansas City, he began mediating cases while maintaining a full case docket. Over time, he came to find that he most enjoyed the mediation portion of his practice, and the challenge and satisfaction of helping both sides resolve their problems.
As a recent practitioner, he understands the real-world concerns that surround disputes and can give parties a neutral assessment of where their cases stand. He is also adept at conveying the advantages of resolving cases through settlement.
Outside of his legal practice, Dave previously served on the boards of The AIDS Council of Kansas City, Legal Aid of Western Missouri and the Kansas City Free Health Clinic, now known as KC CARE Health Center.