N 2018 MID -YEAR MEETING AND SEMINAR · 1:45-2:00 Break 2:00-3:00 Luke Holst, Patent Attorney at...
Transcript of N 2018 MID -YEAR MEETING AND SEMINAR · 1:45-2:00 Break 2:00-3:00 Luke Holst, Patent Attorney at...
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NEBRASKA PARALEGAL ASSOCIATION
PO BOX 24943
OMAHA, NE 68124
nebraskaparalegal.org
2018
MID -YEAR MEETING AND SEMINAR
APRIL 20, 2018
EUGENE MAHONEY STATE PARK
NNEEBBRRAASSKKAA PPAARRAALLEEGGAALL AASSSSOOCCIIAATTIIOONN
2018 Spring Seminar Agenda
8:00-8:25 Registration and Continental Breakfast 8:25-8:30 Opening 8:30-9:30 Rachel Meyer, Associate and Sarah Maresh, Associate at McGrath North The Ins and Outs of Being a Corporate Secretary 9:30-9:45 Break 9:45-10:45 Jason Linder, Biology Unit Manager at NE State Patrol Will the Real McCoy Please Stand Up?: Modern DNA Testing 10:45-11:45 Mid-Year Membership Meeting 11:45-12:45 Lunch 12:45-1:45 John Evans, VP of Digital Forensics at D4 Proving Your Case: Digital Forensics in 2018 and Beyond 1:45-2:00 Break 2:00-3:00 Luke Holst, Patent Attorney at McGrath North My Meme is Better than Yours: Internet IP Considerations 3:00-3:15 Break 3:15-4:15 Kara Stockdale, Associate at Baird Holm
#MeToo: Harassment in the Workplace and Employer Liability
4:15-4:30 Closing
Certificate of Attendance Form
The following is the Certificate of Attendance form to use to request continuing education credit. Complete the form and
send it to NALA Headquarters, 7666 E. 61st Street, Suite 315, Tulsa, OK 74133 (fax: 918-582-6772).
Certificate of Attendance
As a Certified Paralegal, proof of continuing education must be submitted for CLE units. This form should be completed, including validation
and all signatures, and submitted with documentation of continuing legal education in accordance with the Requirements to Maintain
Certification. If this form is being submitted for credit for attending a seminar, please complete the spaces below and attach a seminar brochure.
Session
Hours
Session Topics
(Description and Speakers)
Validation of Session
Attendance
(Signature of seminar official) 1 hour The Ins and Outs of Being a Corporate Secretary
Rachel Meyer, Associate and Sarah Maresh, Associate
McGrath North Mullin & Kratz, PC LLO
1 hour Will the Real McCoy Please Stand Up?: Modern DNA Testing
Jason Linder, Biology Unit Manager
Nebraska State Patrol – Crime Laboratory
1 hour Proving Your Case: Digital Forensics in 2018 and Beyond
John Evans, VP of Digital Forensics
D4
1 hour My Meme is Better than Yours: Internet IP Considerations
Luke Holst, Patent Attorney
McGrath North Mullin & Kratz, PC LLO
1 hour #MeToo: Harassment in the Workplace and Employer Liability
Kara Stockdale, Associate
Baird Holm LLP
Name of CP/ACP Name of Seminar
2018 SPRING SEMINAR AND MID-YEAR MEMBERSHIP
MEETING
Signature of CP/ACP Name of Sponsor
NEBRASKA PARALEGAL ASSOCIATION
Address Authorized Signature of Sponsor Representative
Address Date of Educational Event
April 20, 2018
NALA Account Number (if known) Location:
Mahoney State Park, Ashland, NE
NEBRASKA PARALEGAL ASSOCIATION
2018 Spring Seminar and Mid-Year Membership Meeting
April 20, 2018 – Mahoney State Park, Ashland, Nebraska
SEMINAR EVALUATION FORM
Please complete this form and give it to a member of the Continuing Legal Education (CLE)
Committee before leaving today. Your comments are solicited for help in future planning.
1. Did you receive sufficient benefits for the time invested? Yes No
2. What suggestions do you have for future seminar content?
3. What suggestions do you have for future seminars (for example, when it is held, where it
is held, schedule, etc.)?
4. Please rate the following speakers and their presentations:
Rachel Meyer and Sarah Maresh Excellent Very Good Average Poor
Jason Linder Excellent Very Good Average Poor
John Evans Excellent Very Good Average Poor
Luke Holst Excellent Very Good Average Poor
Kara Stockdale Excellent Very Good Average Poor
5. What is your specialty or main area of practice?
6. How long have you been employed as a paralegal? Years
7. Please circle one. I am a: CP ACP N/A
7. Additional comments:
Thank you for completing this form. We appreciate your assistance and your attendance at the
2018 Spring Seminar and Mid-Year Membership Meeting.
2018 NePA CLE Committee
Rachel Meyer Associate
McGrath North
Rachel represents individuals and companies in a broad range of business matters. Her experience includes entity formation and structuring, mergers and acquisitions, dissolution, contract negotiation, and general corporate counseling. In addition, she regularly advises clients in all phases of the growth cycle on a range of commercial matters and business transactions. She enjoys working closely with clients to help them accomplish their business goals, tailoring legal advice and solutions to fit each client’s operation. Rachel received a J.D., magna cum laude from Creighton University School in 2016, a MALS with two citations from Dartmouth College in 2013 and a B.A. with double honors from Boston College in 2010.
Sarah Maresh Associate
McGrath North
After working as a law clerk for two years at McGrath North, Sarah joined the firm as an associate in their Real Estate and Environmental practice group. Her practice focuses on all aspects of real estate transactions including development and acquisitions and various aspects of environmental matters. Sarah received a J.D., with highest distinction from University of Nebraska College of Law in 2015, and a B.A. with highest distinction from University of Nebraska - Lincoln in 2012.
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The Ins and Outs of Being a Corporate Secretary
Rachel C. Meyer
• Corporate officer appointed by BOD
• Scope of duties vary by company (public vs. private; for profit vs. nonprofit)
• Primary Role – Governance– Work with BOD, Officers and Shareholders
– Oversight
What is a Corporate Secretary?
• Understanding company’s business
• Basic knowledge of corporate and securities law (and any other regulatory environment)
• Solid communication skills
• Works well with others
• Read signals on the horizon and provide early warning
• Leadership and flexibility
Core Competencies
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• Highly organized
• Detail oriented
• Good communicator
• Can work well with variety of personalities
• Confident leader
• Integrity
• Calm under pressure
• Manage multiple tasks concurrently and efficiently
Typical Traits of Successful Corporate Secretaries
• Basically anyone
• Often a lawyer or paralegal (but does not have to be)
• Secretary should be cognizant of legal and business environment
Who Can Be a Corporate Secretary?
• Documentation and retention of documents re: corporation’s existence and operations
• 3 basic areas:– Support to BOD
– Services to Shareholders
– Entity management
Basic Role
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• General rule: no authority merely by virtue of the office
• Powers are whatever is granted by the bylaws and BOD and Shareholders– Execute contracts? NO – must be granted this
power
– Sign checks? NO – must be granted this power
– Pledge corporate stock as security? NO –must be granted this power
Powers
• Coordinate and attend BOD and committee meetings, and draft minutes
• Liaison for directors, officers and shareholders
• Direct activities of annual meeting of shareholders
• Maintain key corporate documents and records
• Supervise stock transfers
• Ensure compliance with laws and regulations
• Tune in to activities in securities market
• Any other tasks assigned to role
Nuts and Bolts of Key Functions
• Scheduling
• Agendas
• Materials and Presentations
• Documenting the Meeting (i.e., Board Minutes)
Board (and Committee) Meetings
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• Typically approved annually in advance
• Look to bylaws and any legal requirements
• Ability to obtain quorum
Meeting Schedules
• Approval of minutes of last meeting
• Approval/Review of significant items or transx
• Review of financials
• Review of overall operations
• Business or product reviews
• Strategy review
• Review significate legal or regulatory matters
• Review other administrative matters
• Committee reports
• Approval of consent agenda to address routine, non-controversial matters
Meeting Agenda
• Integral for BOD to understand corporate issues and ability to exercise duty of care
• Guidelines
• Distribution– Electronic portals
– Cover letter / executive summary
• Retention and disposal of materials
Materials and Presentations
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• Core function of Corporate Secretary
• Minutes = official record of BOD and committee deliberations and decisions– Evidence of process, knowledge
– Relied upon by BOD, management and third parties (external auditors, banks, IRS, counsel)
– Discoverable in litigation
Minutes
• Specific topics presented/discussed (e.g., purchase of building)
• Issues discussed under each topic (e.g., location, cost, value of building)
• Materials presented to BOD for each topic and whether presented in advance
• Names of persons present (and any outside presenters)
• Vote tallies (for and against, including names)
• Text of any resolution(s) adopted
Minutes –Substantive Matters
• Date, time and location of meeting
• Names of BOD and attendance
• Names of management, advisors, guests in attendance
• Who served as chair, secretary
• Proper notice of meeting given
• Whether quorum present
• Whether meeting in person, telephonic, or both
Minutes –Routine Matters
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• Executive Sessions– Typically, only note that executive session held
• Attorney-Client Privilege– Note this in Minutes
– Protect against inadvertent disclosure
• Conflict of Interest– Note (1) Disclosure of potential COI (2) If
director left room (3) If director voted on matter
Minutes –Special Handling
• Prepare on a timely basis
• To protect directors, draft minutes to show consideration for the elements of BJR (BOD acted on an informed basis, in good faith, and not in personal self-interest)
• Avoid “overdrafting” (in case minutes are subpoenaed)
• Once drafted and reviewed internally, BOD formally approves at next meeting
• After approval of minutes, any remaining drafts or notes should be destroyed (final minutes are to embody and reflect the decision of the BOD)
Board Minutes –Best Practices
• Minutes = Record of actions taken at meeting
• Written Consent = Record of actions taken without a meeting– If permitted by state law and bylaws
– Typically must be unanimous, but not always
– Often for routine matters or matters previously discussed at meeting which there is consensus
Minutes, Written Consents, Resolutions
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• Resolutions = “the word of the board” of specific actions taken– Often required by third parties (e.g., bank
requires resolution authorizing establishment of bank account and designating authorized signatories)
– Typically used to evidence approval of dividends, stock issuance, granting stock options, mergers and acquisitions, or other major transx
Minutes, Written Consents, Resolutions
Date, Location, Time
Names of BOD present and absent
Names of staff and guests
Name and title of meeting chair and person taking minutes
Statement that proper notice given
Statement that quorum present
Description of matters presented: Presenter information
Issue discussed
Action taken
Text of resolutions
Formal adjournment
Other Items:
Names of dissenters
Executive Sessions
Checklist for Minutes
• State law requirement to elect directors and transact other required business
• Look to state law and bylaws for procedural requirements (i.e., quorum, location, notice)
• In person or virtual
Annual Meeting of Shareholders
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• Notice
• Proxy statement
• Voting Procedures
• Shareholder information
• Follow-up (annual meeting file, minutes, Form 8-K, etc.)
Annual Meeting – Role of Secretary
• Presentation of matters to be voted on
• Vote
• Presentation of Results
• Adjournment
• May be followed by Q&A
Annual Meeting - Conduct
Review applicable law and regulation
Prepare for meeting Regular vs. Special
Notice requirements
Draft agenda and proposed resolutions
Circulate materials
Hold the meeting Take notes (from which formal minutes may be prepared)
Keep track of time
Keep record of attendance
Determine quorum
Be aware of voting requirements
Approve resolutions
Take appropriate post-meeting action Prepare and circulate minutes
Approve, sign and file minutes
Checklist for Meetings
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• Secretary should ensure controlled access to and appropriate retention of:– Corporate existence documents (articles,
bylaws, board minutes)
– Information required by law on directors and officers (e.g., service on other boards, potential COIs, compensation)
– Major contracts and agreements
Corporate Documents and Records
• Secretary often assists with company’s record retention policy
• Retention policies specify medium (e.g., paper, electronic), location, who is allowed access, who must be consulted prior to destruction, and how documents destroyed
Document Retention
All SEC and SEC related material and financing documents, credit agreements, loan agreements, commitments, etc.
Permanent
Records of incorporation, bylaws, corporate charter Permanent
Minutes of meetings of directors, shareholders, and the Executive Committee
Permanent
Annual reports, quarterly reports, and proxy material Permanent
Proxies for any meeting of shareholders other than meetings solely for the purpose of electing directors
Permanent
Proxies for election of directors 10 yearsExecutive memoranda Permanent
Corporate policies and procedures, policy statements Permanent
Record Retention –General Corporate Records
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Stock transfer and stockholder records Permanent
Dividend checks Permanent
Dividend register Permanent
Contact information Permanent
Record Retention –Shareholder Records
Secretary’s Certificate:
• Signed by the secretary and certifies company’s ability/authorization to enter into transaction
• Typically contains certified copies of the organizational documents of the company and certified copies of the authorizing resolutions for the transaction
• May include incumbency statements (if not contained in a separate incumbency certificate)
• Context: Lending, M&A, Debt and Equity Offerings
Secretary’s Certificate
Incumbency Certificate:
• Signed by the secretary and certifies name, title and signatures of individuals executing documents
• Proves specified individuals are authorized to enter into legally binding transactions on behalf of the company
• Can be standalone or included in secretary’s certificate
How is this different from an Incumbency Certificate?
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• Authorized vs. Outstanding Shares
• Maintain record of ownership and contact information
• Issuance and cancellation of stock certificates
• Determine shareholders of record (for dividends and voting)
Management of Stock Matters
• File Annual (or biannual) reports in state of organization and jurisdictions qualified to do business– Confirm tax filings up to date
• SEC filings – Listing standards and annual filings
– Registration statements
– 10-Ks, 10-Qs, 8-Ks, etc.
Compliance with Laws
• Maintain Corporate Records
• Annual Maintenance of Entities– S-Corp: Confirm <100 shareholders; eligible shareholders;
only 1 class of shares
– Professional Corp: Confirm all stockholders, officers, etc. are licensed to provide services; renew or reinstate licenses
• Review Certificate of Incorporation and Bylaws – Any updates to state law?
– Significate changes or events on the horizon?
• Review significate contracts, loan agreements, etc. to ensure compliance
• Update policies and agreements
Annual Review
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• Creating new entities
• Ensuring all subs maintain good standing and qualification to do business
• Maintaining separate and complete records for all subs
• Overseeing completion of all corporate formalities:– Issuing stock
– Holding meeting or obtaining written consents
– Electing BOD and officers annually
– Documenting material transx and transfers
Subsidiary Management –What is it?
• Optimal care of company’s assets
• Avoid piercing corporate veil
• Prompt due diligence by 3rd parties (i.e., sale, IPO, etc.)
• Ready to act as guarantors and grantors of security
Subsidiary Management –Why is it important?
• Authority– Policy of “who” has authority to approve and
implement each action (i.e., formation of subsidiary)
• Information Management– Database or spreadsheet
• Organizational info and foreign qualifications
• Stockholders
• D&O
• Registered Agent
• Parent
• Due dates for annual meetings, filings
Subsidiary Management –Key Tasks
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• Maintaining Distinct Corporate Identities– Subs allow parent to have different risk profiles
for business lines and shield itself from sub’s liability and limit exposure to its capital contributions
– Plaintiffs often seek to pierce corporate veil (i.e. disregard corporate form and go after parent for sub’s obligations)
Subsidiary Management –Key Tasks
• Avoiding veil piercing– Properly capitalize each sub
– Adequately insure each sub
– Arms-length transx with subs (and document all transx)
– Appropriate debt-equity balance
– Sub hires its own employees and pay from sub’s funds
– Avoid reference to sub as a division or department of parent
– Comply with corporate formalities
– Separate books and records (and bank accts) for each sub
Subsidiary Management –Key Tasks
• International Entities– Establish relationships with registered agents,
outside counsel and advisors for applicable foreign law
– Understand consequences of missing filing deadlines
– Have local counsel draft all organizational documents
– If budget allows, hire local counsel to annually audit governance to confirm legal requirements
– Keep current on changes in law (i.e., tax laws, treaties with US, etc.)
Subsidiary Management –Key Tasks
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Real Estate and Environmental Diligence
Sarah K. Maresh
• Diligence: – Legal Descriptions
– GIS
– Assessor’s Office
– Water Rights
• Real Estate Transaction Documents: – Title Commitments
– Surveys
Real Estate
• Searching Register of Deeds Records: – Landmark (Douglas County)
• Filings: – Required Forms
– Formatting
– Electronic / Mail
Real Estate
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• Environmental Laws and Agencies: – Technical Statutes and Regulations
– Resources and Guidance Documents
– Levels: • Local (City and County)
• State
• Federal
Environmental
• Diligence– Phase I’s:
• Requirements
• RECs
• Reliance Parties
– Compliance Reviews
– Permitting: • Review
• Transfers and Applications
Environmental
Jason Linder Biology Unit Manager
NE State Patrol
Jason Linder has been with the Nebraska State Patrol Crime Laboratory (NSPCL) for 15 years. He is the Forensic Laboratory Manager and DNA Technical Leader for the Nebraska State Patrol Crime Laboratory Biology Unit’s Casework and Database Sections. He is certified as a Molecular Biology Fellow by the American Board of Criminalists. He serves as an auditor for the laboratory accrediting body ANAB and the FBI’s Quality Assurance Standards for DNA labs. He has served on numerous assessment teams all around the country. He is active in the American Academy of Forensic Science and is currently on the Board of Directors for the American Board of Criminalistics.
4/19/2018
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Will the Real McCoy Please Stand Up? Modern DNA Testing
Jason L. Linder, MFS, F‐ABC
Biology Unit
Locard’s Exchange Principle
“The microscopic debris that covers our bodies are the mute witnesses, sure and faithful, of all movements and all our encounters.”
‐Edmond Locard
1930 Edmond Locard
Case Types
• Homicide
• Sexual Assault
• Assault
• Property Crimes
• Missing Persons
• Paternity
• Burglary/Robbery
• Virtually any case
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BiologyTypes of Evidence Encountered
• Blood
• Semen
• Saliva
• Skin/Tissue
• Bone
• Hair
• CODIS
History
• DNA in Forensics
– “DNA Fingerprinting” described by Dr. Alec Jeffreys in 1985
– First use in a case – 1986 in England• Double rape/homicide of two you girls
– False confession
– DNA roundup
» >4,000 males tested – No match
» Colin Pithfork had a friend give his sample
• Tested and matched semen from both scenes
• Convicted and sentenced to life
History
• 1980 – First polymorphic RFLP marker described
• 1985 – “DNA Fingerprinting” – Dr. Jefferys
• 1986 – First forensic case – England
• 1985 – First paper on PCR
• 1988 – FBI begins forensic DNA casework
• 1991 – First STR paper
• 1995 – FSS starts UK DNA database
• 1998 – FBI launches CODIS database
• 2000 – NSP Started DNA Testing
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Biology
• Serology– Screening Tests
– Diagnostic Tests
– Characterization tests
• DNA– PCR
– STRs
– DNA Databank/CODIS
DNA
• What is DNA– Deoxyribonucleic Acid
– Genetic Blue Print For Life
• Benefits– Unique To Each Person, Except For Identical Twins
– DNA Is The Same Throughout The Body
– DNA Is Highly Stable
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DNA
• DNA
– Found in the Cell Nucleus
– Packaged as Chromosomes
– Double Stranded
DNA
• 46 Chromosomes (23 Pair)
–23 From Mom
–23 From Dad
DNA
• 23 Pairs (46 Total) of chromosomes
• Locations on a chromosome are defined as genes or loci
– 15 Loci + Sex Typing (Identifiler)
• Variations within a locus are called alleles
– STR (Short Tandem Repeats)
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Why Use DNA?
Why Use DNA?
• Sensitivity
– There is approximately 7 pg of DNA in a cell
– Our target range is 1 ng of DNA
– This is approximately 143 cells (~286 sperm cells)
– One drop of blood contains about 10‐20 thousand white blood cells
(1 gram = 1 trillion pg = 1 billion ng)
DNA Concerns
• Sensitivity and Contamination– Sources
• Law Enforcement
• Medical Personnel
• Crime Lab Analysts
• Anyone or anything in contact with the evidence
– Prevention• Gloves/Masks/Etc
• Package items individually
• Avoid talking/coughing, etc around evidence
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DNA Sources
DNA Analysis
DNA Analysis
• DNA Extraction
• DNA Quantitation
• DNA Analysis
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DNA Analysis
• PCR (Polymerase Chain Reaction)
– Molecular “Xerox” machine
– Creates millions of exact copies of the DNA
28 Cycles228= ~268 Million Copies
DNA Analysis
STRs (Short Tandem Repeats)– Area of DNA with repeating
sequence
– Count the number of repeat units
– Analyze 24 Areas (loci) of DNA• Sex Determining Markers
Reported As:
Locus Person A
TH01 7, 8
DNA Analysis
Genetic Analyzer
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DNA Analysis
• GeneMapper ID Software
Allelic Ladder
Sample
DNA Analysis
Evidence Item
Evidence Item
Victim
Suspect
DNA Analysis
• Interpretation– Inclusion
• Can be a source of the DNA profile
• Add statistical weight
– Exclusion• Can not be a source of the DNA profile
– No Conclusion or Uninterpretable• Quality or complexity of the DNA profile is not sufficient to draw a conclusion
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DNA Analysis
• 1 Quadrillion = 1,000,000,000,000,000 (15 Zeros)• 1 Quintillion = 1,000,000,000,000,000,000 (18 Zeros)• 1 Sextillion = 1,000,000,000,000,000,000,000 (21 Zeros)• 1 Septillion = 1,000,000,000,000,000,000,000,000 (24 Zeros)• 1 Octillion = 1,000,000,000,000,000,000,000,000,000 (27 Zeros)• 1 Nonillion = 1,000,000,000,000,000,000,000,000,000,000 (30 Zeros)
1 Quadrillion Pennies 1 Quintillion Pennies
DNA Analysis
• Concerns
– Backlogs
– Probative Value of DNA
– Reliance on DNA
CODIS
Combined DNA Index System
• Developed in 1998 by the FBI for databankingDNA profiles
• Investigative Tool– Link cases together
– Link cases to convicted offenders
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CODIS
CODIS
• Five Indices– Convicted Offenders
– Forensic Unknowns
– Unidentified Human Remains
– Missing Persons
– Relatives of Missing Persons
Court Concerns
• Common Questions– Statistical Significance– Probative Value– Contamination/Sample Switches
– When and How DNA was deposited
– Mixture Analysis
• Challenges– NAS Report– PCAST Report
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Other Technologies
• Mitochondrial DNA– May work with cases where nuclear DNA does not– Maternally inherited– Not performed at the NSP crime lab
• Y‐STR– Males only – paternally inherited– Useful in multiple suspect sexual assaults– May be successful in cases where female DNA would normally overwhelm a small amount of male DNA
• Fingernail scrapings – bite marks
It’s Here, Not Mainstream
• RAPID DNA
• Ancestry Panels
It’s Here, Not Mainstream
• Phenotypic Typing
– Physical Traits
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Questions
Thank You Very Much
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John Evans VP of Digital Forensics
D4
With over 20 years of experience in the information technology industry, John Evans brings his extensive expertise in digital forensic investigation to D4. As Senior Vice President of the Forensic Services Group, he is responsible for consulting with clients about digital forensics and eDiscovery best practices, and he manages a team of digital forensic analysts and ESI collection specialists. John is an experienced digital forensic investigator with a vast working knowledge of computer hardware, operating systems, file systems, software, cloud and mobile device technologies. Combined with a degree in computer science from Wittenberg University, John has the knowledge and expertise to handle any digital forensics challenge. Before joining D4, John was a Managing Consultant with Project Leadership Associates, and served as an Investigator at the Illinois Office of the Executive Inspector General. In addition to his on-the-job experience, John has also been called on to serve as an expert witness for computer forensic analysis and defensible collection of ESI for numerous litigations in both state and federal courts. He has also led more than 200 investigations involving digital evidence for matters concerning trade secrets, intellectual property, fraud, employment, and computer misuse.
xx.xx.13
Nebraska Paralegal Assocation
Spring Seminar
Proving Your Case: Digital
Forensics in 2018 and Beyond
John H. Evans, Sr. VP, Forensic Services04.20.18
• What is the trigger?
▪ Demand Letter (pre-litigation notice)
Duty to Preserve starts now!
▪ CID (government)
▪ Subpoena
▪ Voluntary from other side
▪ Request to 3rd / non-party
• How to “ask” in RFI
▪ Overly broad
In the beginning…Legal Authority
www.d4discovery.com
Where are we on the EDRM?
www.d4discovery.com
• Identification
▪ Who are the custodians?
▪ What are the data sources?
▪ Any non-custodial sources?
• Preservation
▪ Legal Hold (Administrative, Technical)
▪ Do Not Delete / Purge / Destroy data
• Collection
▪ Forensically Sound / Defensible (self-authenticating?)
The “Left Side”
www.d4discovery.com
• Know what you are doing
• Ask the right questions
• Develop a plan
• Follow the plan, but be flexible
• Use the right tools
• Goal – forensically sound
▪ What we do does not alter the original data
▪ Our copy is a duplicate of the original (including metadata)
Best Practices I
www.d4discovery.com
• Document everything! (I mean it!)
▪ Custodian Interviews / Questionnaires
▪ Device / Source Specific “sheets”
▪ Collection Log
• Goal – defensibility
▪ We want to ensure we can defend the process from
start to finish and testify to it if necessary. We want to
avoid “discovery about discovery.”
▪ Ensure admissibility
Best Practices II
www.d4discovery.com
• Just about anything / everything stored electronically
▪ “Old” stuff – desktops, laptops, servers, network shares, external media, web sites, flip phones, PDAs, email
▪ “New” stuff – social media, smart mobile devices / apps, “the cloud,” SharePoint, Email Archive Systems, Structured Data Systems (on-prem or in the cloud), etc.
What can we collect?
www.d4discovery.com
• Maslow's hammer
▪ “If you only have a hammer, everything
looks like a nail.”
• Choose the right tool for the job.
▪ Depends largely on source data
▪ No “one-size-fits-all”
• Even more important with the…
How do we collect?
www.d4discovery.com
• I am not an attorney.
• New subsection (14) will directly impact best
practices, processes and tools
• Went into effect 12/1/17
• Data collected “by a process of digital identification”
is to be self-authenticating
▪ Less Trial testimony of Forensic Experts where best practices
are employed
▪ Certified by affidavit by a “qualified person”
Amendments to FRE 902
www.d4discovery.com
• 902 says these docs are self-authenticating:
▪ Public Records / Government Documents
▪ Notarized Documents
▪ Newspapers and Periodicals
• New subsection (14) pertains to ESI and says “they
require no extrinsic evidence of authenticity in order
to be admitted”
What is self-authenticating?
www.d4discovery.com
• Amended 902 says :
▪ The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:* * *(14) Certified Data Copied from an Electronic Device, Storage Medium, or File.Data copied from an electronic device, storage medium, or file, if authenticated by a process of digital identification, as shown by a certification of a qualified person that complies with the certification requirements of Rule 902(11) or (12).
What is “digital identification?”
www.d4discovery.com
• Two words: Hash Value
• Committee Notes on (14) explain that hash values can be uses to digitally identify collected data.
▪ A hash value is the output of a mathematical transform that takes given chunk of data as input and outputs a fixed length string.
▪ If the hash values for the original and copy are different, then the copy is not identical to the original.
▪ If the hash values for the original and copy are the same, it is highly improbable that the original and copy are not identical.
▪ Thus, identical hash values for the original and copy reliably attest to the fact that they are exact duplicates.
▪ This amendment allows self-authentication by a certification of a qualified person that she checked the hash value of the proffered item and that it was identical to the original. The rule is flexible enough to allow certifications through processes other than comparison of hash value, including by other reliable means of identification provided by future technology.”
What is “digital identification?”
www.d4discovery.com
• Hammers don’t calculate hash values, but forensic
tools do.
• Different types of hash values (MD5, SHA1, SHA256)
• Tools calculate hash of the original
• Then calculate hash of the copy
• Hopefully, they match.
• These are stored in the evidence container itself or in
a log file.
How is hash value calculated?
www.d4discovery.com
Examples of hash values
www.d4discovery.com
• Many of the old “quick and dirty” collection methods
will not pass FRE 902(14)
▪ Windows copy of files / folders (drag and drop)
▪ Screen shots / Print Screens
▪ Exporting / saving email messages
• Is the person “self-collecting” a “qualified
person?”
• When to call in an expert?
Challenges / Self-Collection
www.d4discovery.com
Questions?
www.d4discovery.com
On Behalf of D4 Special Counsel…
www.d4discovery.com
Thank You!
Luke Holst Patent Attorney McGrath North
As a Patent Examiner at the U.S. Patent and Trademark Office (USPTO), Luke gained special training into the interpretation and application of patent laws and regulations. This expertise helps his clients achieve positive results at the USPTO. Luke also practices intellectual property litigation and commercial litigation with a focus on scientific claims and technical evidence. Luke assists clients with patent preparation and prosecution, patentability, invalidity and freedom-to-operate opinions, in addition to intellectual property litigation. Luke’s experience extends to a wide variety of technical areas including medical devices, agriculture, mechanical engineering, computer hardware and software, pharmaceuticals, chemicals, biotechnology and life sciences.
"My Meme is Better than Yours: Internet IP Considerations"
Nebraska Paralegal Association Luke C. Holst
April 20, 2018 (402) 633-1445
– Patents
– Trademarks
– Copyrights
Agenda
Patents
• What is a Patent? • A patent for an invention is the grant of a property
right to the inventor.
• Patents are granted for new, useful and non-obvious inventions for a set time period and provide the right to exclude others from making, using, or selling the invention during that time.
• Patents are issued by the United States Patent and Trademark Office.
Patents
The United States Patent and Trademark Office (USPTO)
• Patents encourage innovation and stimulate research, which results in technological development.
• Patents enable the inventor and/or company to recoup their investment for the money and time spent developing their ideas in research and development.
• Patents provide incentives to inventors, who deserve recognition for their creativity and monetary reward for their inventions.
Why are Patents Important?
• 35 U.S.C. § 101 - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor….
• Do not need a working prototype to file for patent protection – just an enabling idea!
• 1 year deadline to file for patent protection after a public disclosure or sale.
What Ideas Qualify for Patent Protection?
The Patent Application Process
Conception of Idea
Prior Art Search
Patentability Opinion and Freedom to
Operate Opinion
Drafting a Patent
Application
Patent Prosecution
Patent Allowance
Design Patent Application –
• A design patent consists of the visual ornamental characteristics embodied in, or applied to, an article of manufacture.
• Permits an owner to exclude others from making, using, or selling the design for a period of fifteen (15) years from the date of patent grant.
Different Types of Patents
Utility Patent Application –
• Utility patents allow an owner to exclude others from making, using, or selling the invention for a period up to 20 years from the filing date.
• A utility patent application is stronger than a design patent application because it protects the functional aspects of an invention.
Different Types of Patents
You find an idea online – may you use it without risk of infringement?
• Google Patents Search.
• Prior Art Search and Freedom-To-Operate Opinion.
• Prior Art Search and Patentability Opinion.
• Assignment Searching for Licensing Purposes.
• Patent Marking Requirements.
Patent Internet Issues
• Before Patent Granted by USPTO – "Patent Pending" is a legal designation that may be
used once a patent application has been filed with the USPTO, but prior to the patent being issued.
• May be used after filing a provisional or nonprovisional patent application.
– Serves to notify the public and potential infringers that they may be liable for damages (including back-dated royalties), seizure, and injunction once a patent is issued by the USPTO.
Patent Marking Requirements
• After Patent Granted by USPTO – Under 35 U.S.C. § 287, a patent owner can collect damages
for an infringing product only if adequate notice is given of the patent at issue.
• Actual Notice: Occurs when the alleged infringer is directly informed (e.g., cease and desist letter) that its product infringes a patent.
• Constructive Notice: "Patent No. 8,269,447", e.g., may appear on a product to inform the public and competitors that the product is patented.
– "Virtual Marking" may also be used by including the word "Patent" or "Pat." on the product followed by an internet address in which the patented product is associated with one or more patent numbers.
Patent Marking Requirements
• If two or more inventors contribute to a patented invention, they are considered to be co-inventors, regardless of the extent of contribution made by each co-inventor.
• In the absence of an agreement to the contrary, each such co-inventor owns an equal and undivided interest in the entire patent.
Other Considerations: Joint Ownership Issues
• Unless otherwise agreed, each joint owner of a patent may make, use, offer to sell or sell the patented invention within the U.S., or import the patented invention into the U.S., without the consent of and without accounting to the other joint owners.
• Joint ownership may hinder the granting of an exclusive license, since the other joint owners may continue to freely use the patented invention and grant licenses to third parties unless agreed otherwise.
• Joint owners must act together to bring an infringement action against a third-party infringer. Thus, a joint owner has a "right to impede" the other joint owners ability to sue infringers by refusing to voluntarily join in the infringement action.
Joint Ownership Issues
• Without an agreement to the contrary, the employee automatically has ownership over any inventions made during the course of their employment, even if related to the employers business. This includes nonemployee consultants.
Other Considerations: Employee / Employer Issues
• Notable Exceptions: – Hired to Invent: If an employee is hired to invent
something or to solve a particular problem, then the employer may automatically own any inventions and patents related to that effort.
– Shop Right: Even if an employer doesn't own the invention of an employee, it may still claim a non-exclusive, no-cost license to use the invention within the scope of their business.
» Typically awarded when the employee conceives of and perfects the invention during work hours and using employers tools and materials.
Employee / Employer Issues
• Contracts that Assign IP Ownership – Most employers have their employees sign an
agreement or assignment that states the employee agrees to transfer all intellectual property rights that may result from work during the term of their employment relating directly or indirectly to the employers business, product or service.
Employee / Employer Issues
• Litigation costs. The median overall cost for a patent infringement case with $1 million to $10 million at stake is $1.7 million in 2017, according to the American Intellectual Property Law Association.
• Injunction to stop making/using/selling the invention.
• Lost Profits.
• Reasonable Royalty.
• Treble Damages for Willful Infringement.
Consequences of Patent Infringement
Trademarks
Acquisition of Rights in a Name or Brand
• Rights in a protectable name or brand are acquired through USE of the name/brand in commerce.
• Rights are NOT acquired simply by inventing or creating the name.
• Rights in a name are NOT acquired merely by incorporating or organizing an entity under that name.
• Federal trademark or service mark registration in the United States is optional.
• Again, rights are acquired upon USE of the mark in commerce.
• Federal registration grants additional benefits, e.g., grants the right to sue in federal court and in certain cases, obtain treble damages and attorney fees.
• Can apply for federal registration after or before one starts using a mark in commerce. Proof of use is required to obtain the registration.
Federal Registration
• Best to file an application as soon as possible.
• Rights in a mark begin upon use of the mark or the filing date of the federal application, whichever occurs first.
Timing is Everything
• Important to conduct searches before adopting brand or name.
• Two different types of trademark searches:
– A "preliminary" search covers federal trademark office records and state registration records.
– A "comprehensive" search covers all that a preliminary search covers, plus common law, business name and domain name databases.
Availability
Must Acquire Distinctiveness
Levels of Distinctiveness
• Generic -- Never Protectable
• Descriptive – Not protectable, unless & until secondary meaning is proven
• Suggestive -- Protectable
• Arbitrary/Fanciful -- Highly Protectable
]
] Inherently Distinctive
Example of Generic "Trademarks"
• LOCKDOWN ALARM (training services for school safety)
• SOAP (substance used for washing)
• PRETZEL CRISPS (pretzel crackers)
• MATTRESS.COM (online store selling mattresses)
Examples of Descriptive Trademarks
• THE ECZEMA SOAP (washing substance)
• CloudTV (software platform that uses Internet-based technology to deliver web-based content over televisions)
Examples of Suggestive Trademarks
• RAINBATH (washing substance)
• CARESS (washing substance)
Examples of Arbitrary Trademarks
• DIAL (washing substance)
• APPLE (computers; keyboards)
Examples of Fanciful Trademarks
• XEROX (copiers)
• KODAK (photographic supplies)
• POLAROID (optical devices, cameras, etc.)
• Use as an adjective, not a noun
– (i.e. KLEENEX tissue)
• Do not use in the plural or in the possessive
Proper Use of Trademark
Set Trademark off from the surrounding text:
• Large type or all caps
• Quotation marks
• Different colors
• Distinctive lettering
Proper Use of Trademark
You find a name online – may you use it without risk of infringement?
• Search USPTO and State Databases.
• Preliminary or Comprehensive Trademark Search and Opinion.
• Assignment Searching for Licensing Purposes.
• Trademark Marking Requirements.
Trademark Internet Issues
™ versus ® • Unregistered Trademark (™)
– Can be used anytime when claiming rights to a mark, regardless of whether an application was filed with the USPTO.
• Registered Trademark (®)
– Federal registration symbol that can be used only after the USPTO grants registration of the mark and only on the goods listed in the registration.
• Litigation costs. The average cost for a trademark infringement case is between $120,000 - $750,000, according to "upcounsel.com."
• Injunction to stop using the mark.
• A court order requiring the destruction or forfeiture of infringing articles.
• Monetary relief, including defendants profits, any damages sustained by the plaintiff, and the costs of the action; and
• A court order that the defendant, in certain cases, pay the plaintiffs attorneys fees.
Consequences of Trademark Infringement
Copyrights
• What is a Copyright? – Copyright law allows authors the right to
control the use of their work for a limited period of time.
– Copyright protection is granted for original works of authorship fixed in a tangible medium of expression.
• Examples: Literary works, music, pictures, graphics, computer software, reports, data and databases, architectural works.
Copyrights
• Provides owner with the exclusive right to:
– Reproduce the work;
– Prepare derivative works based upon the work (e.g., motion picture versions of literary works);
– Distribute copies to the public by sale, rental, lease or lending;
– Perform the work publicly;
– Display the work publicly; and
– Authorize others to exercise these rights.
What are the Rights of a Copyright Owner?
• Unregistered: Work is under copyright protection the moment it is created and fixed in a tangible form.
• Registered: Not mandatory, but necessary to enforce exclusive rights.
– Establishes a public record of a copyright claim;
– Registration is necessary before a copyright infringement suit may be filed in court;
– When registration is made prior to infringement or within three months after publication of a work, a copyright owner is eligible for statutory damages, attorneys fees and costs.
Two Types of Copyrights
• Author is the Copyright Owner.
• Exceptions: – "Works Made for Hire"
• Independent Contractors
– Commissioned Work
– Prior Written Agreement
• Employees within the Scope of Employment
Who Controls a Copyright?
• Works created on or after January 1, 1978 are protected for a term of the life of the author plus 70 years.
• For "works made for hire" the protection is for the shorter of 95 years from publication or 120 years from creation, whichever is shorter.
How Long does a Copyright Last?
You find a picture/article/image online – may you use it without risk of infringement?
• "Fair Use" Considerations.
• Sharing information on Social Media or YouTube.
• Are Memes protectable?
• Downloading vs. Selling Copyrighted Materials.
• Regulation of Copyrighted Works on the Internet.
Copyright Internet Issues
• Litigation costs. The average cost of litigating a copyright case through trial ranges from $384,000 to over $2 million, according to the American Intellectual Property Law Association.
• Actual dollar amount of damages and profits.
• Statutory damages affixed at not less than $750 and not more than $30,000 per work infringed.
• A court order that the defendant pay the plaintiff’s attorneys fees.
• Willful copyright infringement can result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.
Consequences of Copyright Infringement
Questions?
Luke C. Holst
P: 402.633.1445 | F: 402.952.1845 [email protected]
McGrath North Mullin & Kratz, PC LLO
1601 Dodge Street | First National Tower, Suite 3700 | Omaha, NE 68102 www.mcgrathnorth.com
Thank You!
Areas of PracticeImmigration
Labor & Employment Law
EducationCreighton University School of Law, J.D., magna cum laude, 2013
Creighton University, B.A. English and Spanish, magna cum laude, 2009
Bar & Court AdmissionsIowa, 2013
Nebraska, 2014
United States District Court for the District of Nebraska, 2016
Tel: 402.636.8269Fax: [email protected]
Kara Stockdale assists employers in various industries with respect to labor and employment matters, including workplace safety, personnel policies and decisions, equal opportunity, discrimination claims, and employment-based immigration. Her immigration work focuses on assisting employers seeking to sponsor foreign nationals for work authorization in the United States. In addition, she advises clients in the healthcare sector seeking assistance with J-1 waivers for foreign medical graduates who complete residency training in the United States. Prior to joining the firm, Kara worked in human resources in the healthcare industry and as a community organizer. During law school, she clerked at a Fortune 200 company, assisting in-house counsel with labor and employment issues involving state and federal regulations and emerging laws including the Railway Labor Act and the Federal Railway Safety Act.
In 2013, Kara graduated from the Creighton University School of Law, magna cum laude. While in law school, she earned six CALI Excellence for the Future Awards and the 2012 Nebraska State Bar Association’s Silver Quill Award. She was also named to the Order of Barristers – a national honorary organization that recognizes graduating law students who excel as student advocates in written and oral advocacy. Kara was a co-founding member of the Employment & Labor Law Society and a member of the Creighton Law Review.
Professional & Civic Affiliations• Nebraska State Bar Association
• Omaha Bar Association
• Iowa State Bar Association
• American Immigration Lawyers Association
• Creighton Law Young Alumni Council
Kara E. Stockdale | Associate
1700 Farnam Street, Suite 1500 • Omaha, NE 68102 • www.bairdholm.com
4/16/2018
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#MeToo: Harassment in the Workplace and Employer
Liability
Kara E. Stockdale
Background
• Workplace harassment remains a hot topic
• Too often goes unreported• Compelling business case for stopping
and preventing harassment
EEOC Statistics – FY 2017• 9,614 sexual harassment complaints to EEOC/FEPA• In FY 1997 – 16,245 sexual harassment charges filed• Numbers have trended down since 1997• Nebraska: EEOC/NEOC – 84 sexual harassment charges
filed in 2017 (69 women, 15 men)• All harassment charges are much higher: 26,978
nationally with the EEOC• About 3% reasonable cause findings• About 68% no reasonable cause
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Charges Alleging Sexual Harassment (EEOC/FEPA)
FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017
Total Charges
Total Charges
Total Charges
Total Charges
Total Charges
Total Charges
Total Nationally 11,359 10,712 10,208 10,019 9,805 9,614
Nebraska
Female 36 44 62 55 54 69
Male 10 15 24 18 23 15
Not Available
1 2
State Total 47 59 86 73 79 84
Goals• Consider the laws that prohibit harassment in the
workplace• Recognize specific forms of harassment• Know who can be accused of harassment and
who can experience it• Understand what employers can and should do • Understand when harassment can occur • Discuss recent case law regarding harassment
RELEVANT LAWS
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Relevant Laws• Title VII
– Title VII prohibits discrimination in employment based on race, color, religion, sex, or national origin
– The courts have interpreted discrimination to include harassment
• Age Discrimination in Employment Act – protects individuals who are 40 years of age
or older
Relevant Laws
• Americans with Disabilities Act, prohibits discrimination against qualified individuals with disabilities
• Genetic Information Nondiscrimination Act, prohibits discrimination based on genetic information, including family medical history
Retaliation Prohibited
• May not discriminate against employee because he/she – Opposed discrimination; or– Participated in charge, investigation or
hearing• Any action “that might have ‘dissuaded
a reasonable worker from making or supporting a charge of discrimination’”
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WHAT IS HARASSMENT?
What Is Harassment? • Conduct with purpose or effect of interfering
with work on bases of race, sex, disability, religion, age, national origin or color
• In the sexual harassment context– Unwelcome sexual advances or requests for sexual
favors, or verbal or physical conduct of a sexual nature constitutes sexual harassment
What Constitutes Workplace Harassment?
• Sexual harassment includes the direct “quid pro quo” variety, where one employee (typically a manager) offers some job-related benefit in exchange for sexual-related favors
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What Constitutes Workplace Harassment?
• All categories of harassment--sexual, racial, age, etc.--include the “hostile environment” variety
What Constitutes Workplace Harassment?
• Hostile environment harassment includes:– Any conduct which has the purpose or effect
of unreasonably interfering with an individual’s work performance or creating an “intimidating, hostile, or offensive working environment”
– Harassing conduct is viewed from the perspective of a reasonable person in the position of the victim
– Unwelcome
What Constitutes Workplace Harassment?
• Harassment can take many forms:– Physical touching, grabbing, caressing– Staring, leering, taunting– Pictures, cartoons, pornography– Unrelenting requests for dates, letters,
calls/stalking
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What Constitutes Workplace Harassment?
– Potentially, any jokes based on sex, race, color, national origin, disability, religion, or age, regardless of who’s “going along,” if the purpose or effect may be to intimidate, embarrass, or denigrate on one of these bases
What Constitutes Workplace Harassment?
• Hostile Work Environment– Severe and pervasive conduct– Unreasonable interference with job
performance– Offensive, intimidating, hostile work
environment– Unwelcome– Can be created by anyone in the
workplace
WHO CAN COMMIT HARASSMENT?
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Who Can Commit Harassment?
• Supervisors• Subordinates• Co-workers• Clients/Customers/Vendors/Visitors• Students
Who Can Experience Harassment?
• Direct targets of harassment• Bystanders/Witnesses to harassment• Employees• Men/Women• Managers
What Are Negative Consequences of Harassment?
• Impact on the victim– Creates uncomfortable work
environment– Harms physical health– Harms psychological health– Adversely effects job performance– Lowers job satisfaction
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What Are Negative Consequences of Harassment?
• Impact on the employer– Reduces productivity and profitability– Creates unprofessional work
environment– Wastes significant resources
What Are Negative Consequences of Harassment?
• Impact on the harasser– Harms professional reputation– Harms personal reputation– Jeopardizes employment status– Leads to other negative personal
consequences
SUPERVISORS AND NON-SUPERVISORS
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Supervisory vs. Non-Supervisory Harassment
• Harassment by non-supervisors (coworkers, customers, vendors)– Employee has the burden of proof– Standard: Employer knew or should
have known of the harassment and failed to take prompt, effective remedial action
Supervisory vs. Non-Supervisory Harassment
• Harassment by supervisors: Under Supreme Court standards, harassment by supervisors is more serious than ever– If supervisor harassment involves any
tangible job detriment (discharge, demotion, reassignment, etc.) there is NO DEFENSE—the employer is liable
Supervisory vs. Non-Supervisory Harassment
– In all other cases of harassment by supervisors, (where there is no tangible job detriment), the employer can defend itself by proving:
• It used reasonable care to prevent and promptly correct any harassing behavior, and
• The employee unreasonably failed to use the means available to correct/prevent harassment
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Supervisory vs. Non-Supervisory Harassment
– It is therefore CRITICAL that every supervisor accept and openly support the employer’s anti-harassment policies
WHAT SHOULD EMPLOYERS DO?
What should employers do?
• Train your managers (and your employees too)!– Crawford v. BNSF Ry. Co. (8th Cir. 2012)
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What should employers do?
• Crawford v. BNSF Ry. Co. (8th Cir. 2012):– Takeaway: company’s comprehensive
anti-harassment policy and its prompt and effective response when notified about the supervisor’s conduct = affirmative defense
What should employers do?
• Make all management decisions without regard to race, color, religion, age, sex, national origin or disability—embrace the principle of equal opportunity employment
• Be aware of workplace relationships and conduct and monitor for potential problems
• Be proactive and intervene early when potential problems develop
What should employers do?
• Exhibit the type of behavior which is expected of all employees—be a role model
• Be available to employees at all times to discuss and resolve problems and concerns
• Take all complaints and reports of harassment seriously, and promptly notify Human Resources of all complaints and reports
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LEGAL REMEDIES
Legal Remedies
• Remedies– File a complaint with the U.S. Equal
Employment Opportunity Commission (EEOC)/State Agency (NEOC)/Local Agency
• Agency conducts an investigation of complaint
Legal Remedies
– Administrative Outcomes• Conciliation• No Reasonable Cause• Reasonable Cause• Right to Sue Letter
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Legal Remedies
• Federal/State Administrative Proceeding– If Federal/State Agency finds reasonable
cause, employee may pursue his/her claim through an administrative law process
Legal Remedies
• Federal/State Court – After receipt of right to sue letter (no
cause finding or cause finding), employee may file complaint in federal/state court
Legal Remedies
– Damages available• Injunctive Relief• Compensatory Damages• Punitive Damages• Attorneys Fees and Costs
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CURRENT CASE LAW
Current Case law
• Prince v. Kids Ark Learning Center– Where: D. Neb.– Outcome: Plaintiff Verdict– Total Verdict: $55,925
Current Case law
• Lynn v. TNT Logistics (Minnesota):– Where: D. Minn.– Outcome: Plaintiff Verdict– Total Verdict: 3.75 million in punitive
damages
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Current Case law
• Gilster v. Primebank (Iowa):– Where: N.D. Iowa– Outcome: Plaintiff Verdict– Total Verdict: $900,301.22 (200K punitive)
Current Case law
• Rennenger vs. Toyquest Ltd. et al (Iowa):– Where: S.D. Iowa– Outcome: Plaintiff Verdict– Total Verdict: $11,882,727 (10K punitive)
Current Case law
• Haskenhoff V. Homeland Energy Solutions L.L.C. (Iowa):– Where: S.D. Iowa– Outcome: Plaintiff Verdict– Total Verdict: $1,400,000