Ogletree Deakins Podcasts

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Jim Paul (shareholder, St. Louis/Tampa), Julianne Pinter (senior counsel, Torrance), and Vince Verde (shareholder, Orange County) discuss large runaway jury verdicts and strategies to avoid them. The speakers begin by reviewing statistics that highlight several reasons for the trend of “nuclear verdicts,” citing contributing factors such as jury attitudes towards management and employers, witness and counsel credibility, lack of documentation supporting the disputed adverse employment action, and perceptions about the fairness of the law. The speakers then look at examples of substantial runaway verdicts and share insights on preventive measures that can be implemented at the HR level, including seeking legal counsel early in the process and ensuring proper employee training, documentation, and thorough investigations.

In Ogletree Deakins’ new podcast series Litigation Lens, Shareholder Michael Nail (Greenville) will discuss and analyze real employment law cases and outcomes to provide listeners with practical takeaways and insights. In the inaugural episode, Michael is joined by Sarah Zucco (of counsel, New York) to discuss a recent summary judgment opinion from the U.S. District Court for the District of Kansas regarding a case involving a supervisor who was allegedly “forced” to retire for failing to report a sexual harassment complaint, as required by company policy. The plaintiff alleged that he was the victim of age discrimination; however, the court found the employer’s decision was legitimate and not pretextual. This episode provides practical tips for employers on how to handle similar situations.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Sherry Talton (shareholder, Houston/Seattle) and Fiona Ong (shareholder, Baltimore) discuss the U.S. Equal Employment Opportunity Commission’s (EEOC) 2024 updated workplace harassment guidance. With the shift in enforcement focus under the new administration, Fiona and Sherry emphasize the importance of staying informed and adapting to the evolving legal landscape. This includes awareness of state and municipal laws that may provide specific protections against harassment, especially regarding sexual orientation and gender identity (SOGI). They offer practical tips for developing an effective anti-harassment policy, establishing a robust complaint and reporting process, and implementing sound training and investigation protocols.

In this episode of our Safety Perspectives From the Dallas Region podcast series, shareholders John Surma (Houston) and Frank Davis (Dallas) discuss pending litigation regarding the constitutionality of the Occupational Safety and Health Review Commission (OSHRC) administrative law judges (ALJs). Frank and John review the arguments supporting the claim that the current system for handling workplace safety disputes is unconstitutional. They specifically highlight issues such as the absence of the right to a jury trial, improper appointments of judges, restrictions on the president’s authority to remove judges, and an insufficient number of OSHRC members to adequately review cases.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, David Froiland, a shareholder in Ogletree’s Milwaukee office who co-chairs the RIF/WARN Practice Group, and Brandon Sher, a shareholder in the firm’s Philadelphia office who co-chairs the Retail Industry Group, discuss the complex issues that may arise during the implementation of a reduction in force (RIF). Brandon and David review how the federal Worker Adjustment and Retraining Notification (WARN) Act regulations apply to remote workers and the “single site of employment” criteria. They also cover the specific triggers and requirements of state mini-WARN laws across various jurisdictions. Finally, David and Brandon address a number of other RIF/WARN issues, including statistical analysis and disparate impact theory, disclosures required by the Older Workers Benefit Protection Act (OWBPA), and multistate separation agreements.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Bill Grob (shareholder, Tampa) sits down with Jennifer Colvin (shareholder, Chicago) and Katie Terry (Assistant General Counsel—Vice President Legal, Mphasis) to discuss the impact of social influences on workforce motivations and communication styles across different generations in the workplace. The conversation focuses on how employers can maximize the strengths of their multigenerational workforce by promoting open communication, encouraging collaboration, providing employee training and individual development opportunities, and offering flexibility in work practices.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Christina Mallatt (Indianapolis), who co-chairs the firm’s Drug Testing Practice Group, and Brent Kettelkamp (Minneapolis) discuss the history of drug testing and the current dynamics of this complex and rapidly evolving field. Brent and Christina focus on the implications of legal marijuana use and the growing prevalence of opioid use, whether legal or otherwise. The speakers also explore how employers can establish and enforce effective and legally compliant drug and alcohol testing policies and protocols that are specifically tailored to meet their workplace safety requirements and align with their company culture.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, John Stretton (shareholder, Stamford) and Maria Greco Danaher (shareholder, Pittsburgh) discuss mental well-being and mental health issues in the workplace. Maria and John highlight the challenges employers face when dealing with employees who have mental health conditions, and explore common issues, such as anxiety, depression, addictive behaviors, introversion, and discrimination concerns. The speakers provide tips on how to recognize, discuss, and manage anxiety among employees. They also share effective practices for promoting a professional and emotionally supportive work environment while properly handling accommodation requests under the Americans with Disabilities Act and addressing potential legal concerns.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Heather Ptasznik (Detroit (Metro)), Dalton Green (Raleigh), and Burt Garland (St. Louis) discuss the most challenging aspects of leave management—with a particular focus on navigating the Family and Medical Leave Act (FMLA). Heather, Dalton, and Burt tackle the most common pain points in leave administration, including what frontline managers should listen for and how HR can proactively manage the process to minimize legal risks. The speakers answer the most common questions on managing the FMLA, covering topics such as what constitutes proper notice, chronic condition certifications, tracking intermittent leave, training for managers, keeping up with regulatory changes, and more.

In this podcast, shareholders Nonnie Shivers (Phoenix) and Scott Kelly (Birmingham) discuss the complexities of participating in and/or sponsoring cultural events that celebrate diversity, equity, and inclusion (DEI) in light of the current administration’s scrutiny of such programs. Using Pride Month as a focal point, Scott and Nonnie—who co-chairs the firm’s Diversity, Equity, and Inclusion Compliance Practice Group—review the legalities and risks associated with these events. They also offer strategies for employers to balance celebration, education, and compliance while fostering an inclusive workplace.