Agenda / Content Covered

1. Crafting Employment Contracts - With Examples
   10:00 — 11:00, Gery Nietupski
   1. Using Contracts to Solidify Employment Relationships
   2. Independent Contractors vs. Employees: What You Need to Know
   3. At-Will Employment Agreements
   4. Common Mistakes to Avoid
   5. Dangers Posed by Implied Contracts: Handbooks, Offer Letters, etc.
2. Executive Employment Agreements
   11:00 — 11:30, James McCreedy
   1. Key Compensation Provisions
   2. Indemnification Provisions
   3. Post-Termination Provisions: Change of Control and More
   4. Other Critical Provisions
3. Arbitration Provisions
   11:45 — 12:15, James McCreedy
   1. Arbitration vs. Mediation: Pros and Cons
   2. Overview of the Federal Arbitration Act: Background and Essential Elements
   3. Recent Trends, Developments, and Case Law Update
   4. Arbitration Provision Drafting Essentials
4. Best Practices for Non-Compete Agreements
   12:15 — 1:15, Ralph Smith
   1. When a Non-Compete Is - and Is Not - Necessary
   2. Best Practices for Creating Non-Compete Agreements
      1. Language to Use - and to Avoid
      2. Adequate Consideration
      3. Scope and Duration
      4. Reasonableness
   3. Top Drafting Considerations and Issues: With Examples
   4. Practical Guidance for Negotiating Non-Competition Provisions
   5. Enforcing Non-Compete Agreements: Legal Best Practices
   6. Case Law and Legislative Updates
5. Non-Disclosure and Confidentiality Agreements
   1:45 — 2:45, John Adams
   1. What Is and Is Not Confidential Information
   2. Defining Obligations of the Receiving Party
   3. Guidelines for Determining the Duration
   4. Key Provisions in Confidentiality Agreements: With Checklist
   5. Drafting Tips and Traps
   6. Sample Non-Disclosure and Confidentiality Agreements
6. Severance Agreements
   2:45 — 3:45, Ralph Smith
   1. The Pros and Cons of Severance Agreements
   2. Severance Agreements: Key Provisions and Drafting Issues
   3. Negotiating Favorable Terms: Legal Best Practices
   4. 409A Issues
7. Legal Ethics
   4:00 — 5:00, John Adams
   1. Confidentiality
   2. Key Rules of Professional Conduct
   3. Attorneys' Fees
   4. Conflicts of Interest
   5. Scope of Representation

Accreditation Details:

JOHN A. ADAMS is the founder of the John Adams Law Firm LLC, where he represents employers, employer associations, and construction contractors in New Jersey and Pennsylvania in construction law, labor law, employment law, collections, corporate law, and litigation before federal and state courts, as well as various federal and state agencies such as OSHA, MSHA, DOT, EEOC, PHRC, NJDCR, and DOL. Mr. Adams is a member of the bars of the U.S. Court of Appeals for the Third Circuit, the state bars of Pennsylvania and New Jersey, and numerous federal district courts. He was the primary author of the 2006 Pennsylvania mechanics' lien law amendments, which substantially changed and modernized the Pennsylvania mechanics' lien law. Mr. Adams earned his B.S. degree from the U.S. Military Academy ("West Point") and his J.D. degree from the University of Notre Dame Law School.

GERY T. NIETUPSKI is the founder of the Law Offices of Gery T. Nietupski, Esq., LLC, in Erie, Pennsylvania. He is an honors graduate of both John Carroll University and the Duquesne University School of Law. At Duquesne, Mr. Nietupski earned the law school’s highest honor, the Distinguished Student award. He has taught a variety of classes at both Gannon and Edinboro University for nearly 35 years and is a frequent and sought after lecturer for several professional employment organizations, including the Manufacturer and Business Association of Northwestern Pennsylvania. Mr. Nietupski focuses his extensive practice in representing employers and employees in their workplace relationships. He has negotiated approximately 80 labor contracts for management, has weathered nine strikes, and has litigated hundreds of cases before state and federal courts, as well as the NLRB, the EEOC, OSHA, wage and hour and the PHRC.

RALPH R. SMITH III is a shareholder and co-chair of the labor & employment group of Capehart & Scatchard, P.A. Mr. Smith focuses his practice in employment litigation and preventative employment practices, including counseling employers on the creation of employment policies, non-compete and trade secret agreements, and training employers to avoid employment-related litigation. He represents both companies and individuals in related complex commercial litigation before federal states courts and administrative agencies in labor and employment cases including race, gender, age, national origin, disability and workplace harassment and discrimination matters, wage-and-hour disputes, restrictive covenants, grievances, arbitrations, drug testing, and employment-related contract issues. Mr. Smith earned his B.A. degree, magna cum laude, from Temple University and his J.D. degree, cum laude, from Temple University School of Law.

BETHANY E. VALENTINE is an attorney with Wiley Malehorn Sirota & Raynes where she practices in the areas of employment law. She graduated from Lafayette College with a B.A. degree in English, and Government and Law, she was a member of the Pi Sigma Alpha National Political Science Honor Society. Ms. Valentine earned her J.D. degree from Seton Hall University School of Law. While at Seton Hall, she served as the Vice President for the Women's Law Forum and received Best Brief in Appellate Advocacy. After law school, she served as law clerk to the Honorable Christopher R. Kazlau, J.S.C., Bergen County. Bethany is admitted to the New Jersey bar.