Ogletree Deakins Podcasts

In this podcast, Scott Kelly (shareholder, Birmingham) sits down with Tim Fox, the Director of Ogletree’s Practice Innovation and Analytics team, to discuss the firm’s new Workforce Analytics and Compliance Practice Group. Scott, who chairs the practice group, and Tim explain how the new group utilizes the firm’s data analytics capabilities to help employers with compliance in a wide range of challenging areas, including equal employment opportunity, government reporting, and pay equity. They also discuss how a multidisciplinary approach enables legal and analytics professionals to collaborate in assisting employers throughout the employment life cycle, from hiring and compensation to benefits and retention.

In part two of our Cybersecurity installment of our Workplace Strategies Watercooler 2025 podcast series, Ben Perry (shareholder, Nashville) and Justin Tarka (partner, London) discuss the steps to take after resolving and containing a ransomware incident. Justin and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, highlight several key areas, including preparing the response team, implementing training for relevant employees and regular reviews of cybersecurity measures; developing a comprehensive incident response plan and assembling a dedicated response team; identifying opportunities for long-term infrastructure improvements; and assessing other areas of external risk management, such as data mapping and retention processes, vendor due diligence, and notification obligations.

In this episode of our Cross-Border Catch-Up podcast series, Patty Shapiro (shareholder, San Diego) and Maya Barba (associate, San Francisco) discuss key considerations for short-term international business travel. Maya and Patty explore the distinction between “business activity” and “productive work”—a difference that can determine whether work authorization is required. They also touch on duty of care and what that means for employers supporting employees on international business travel.

In this podcast, Jay Patton (shareholder, Birmingham) and Kiosha Dickey (counsel, Columbia) provide an update on significant changes to EEO-1 filing obligations. Kiosha and Jay discuss the shorter EEO-1 filing window, which opened on May 20, 2025, and which will close on June 24, 2025. They also discuss the removal of the non-binary reporting option in alignment with Executive Order 14168 and discuss its implications for employers. Kiosha and Jay offer practical tips for reporting remote employees, emphasizing the importance of correctly assigning fully remote staff based on their supervisor’s location. They also cover the critical steps for reporting mergers, acquisitions, and spinoffs, highlighting the need for early preparation and accurate data collection.

In part one of our Cybersecurity installment of our Workplace Strategies Watercooler 2025 podcast series, Ben Perry (shareholder, Nashville) and Justin Tarka (partner, London) discuss key factors employers should consider when facing ransomware incidents. The speakers begin by simulating an incident response and outlining the necessary steps to take after a security breach occurs. Justin and Ben, who is co-chair of the firm’s Cybersecurity and Privacy Practice Group, discuss best practices when investigating a ransomware incident, assessing the impact of the incident, containing the situation, communicating with stakeholders, fulfilling notification requirements, and adhering to reporting obligations. The speakers also address considerations when responding to ransom requests, including performing a cost-benefit analysis regarding payment, reviewing insurance coverage, identifying potential litigation risks, fulfilling ongoing notification obligations, addressing privacy concerns, and more.

In this episode of our Cross-Border Catch-Up podcast series, Maya Barba (San Francisco) and Kate Thompson (New York, Boston) discuss the intricacies of mandatory anti-harassment training and policies across various countries. Kate and Maya provide an overview of the requirements in Australia, China, South Korea, India, Romania, and Peru, among other countries. The speakers review which employees need to be trained, the duration and frequency of required training programs, and the types of harassment, including sexual harassment, discrimination, and bullying, that these trainings must cover.

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.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, three key members of our Diversity, Equity, and Inclusion (DEI) Compliance Practice Group—Simone Francis (St. Thomas/New York), Scott Kelly (Birmingham), and Nonnie Shivers (Phoenix)—address the status of DEI initiatives as they face unprecedented scrutiny. The speakers start by level setting about the status of equal employment opportunity laws, Title VII, Section 1981, and protected characteristics, while outlining strategies for adapting to increased DEI oversight and initiatives from the new administration. Nonnie (who co-chairs the firm’s DEI Compliance Practice Group) drills down on the guardrails organizations can put in place regarding resource and affinity groups in the workplace, in addition to the legal status of quotas and preferences. Simone shares perspectives on the importance of identifying the goals of resource groups when assessing their legality and utility for an organization, and whether organizations have used objective data in designing these programs. Scott probes the usefulness of data regarding the policies, design, and implementation of resource groups especially when ensuring the practices of these groups do not go far afield from the policies used to implement them. Finally, Scott stresses the importance of internal and external communications about these programs while assessing these resource programs.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Tom Davis (shareholder, Nashville) and Tom Stanek (shareholder, Phoenix)—both of whom are chairs of the firm’s Traditional Labor Relations Practice Group—are joined by Sara E. Olschewske (shareholder, Greenville) to provide the latest updates from the National Labor Relations Board (NLRB). Our speakers reflect on the NLRB under the former administration, when the agency overruled significant precedent and created new rules, most of which dramatically favored labor unions—and how the change in administration has created the opportunity to appoint a new general counsel and two new Board members. The panel also offers insights into what lies ahead for employers in light of the changes brought by the new administration and, in particular, what changes new leadership at the agency may bring to the NLRB and how quickly changes will be implements, and how will they impact employers.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, Jenn Betts (shareholder, Pittsburgh), Simon McMenemy (partner, London), and Danielle Ochs (shareholder, San Francisco) discuss the evolving landscape of artificial intelligence (AI) in the workplace and provide an update on the global regulatory frameworks governing AI use. Simon, who is co-chair of Ogletree’s Cybersecurity and Privacy Practice Group, breaks down the four levels of risk and their associated regulations specified in the EU AI Act, which will take effect in August 2026, and the need for employers to prepare now for the Act’s stringent regulations and steep penalties for noncompliance. Jenn and Danielle, who are co-chairs of the Technology Practice Group, discuss the Trump administration’s focus on innovation with limited regulation, as well as the likelihood of state-level regulation.

In this installment of our Workplace Strategies Watercooler 2025 podcast series, shareholders Lauren Hicks (Indianapolis/Atlanta), Chris Near (Columbia), and Jay Patton (Birmingham), provide updates about the Office of Federal Contract Compliance Programs (OFCCP) under the new administration, as well as recent matters of interest to federal contractors. Jay offers listeners an update on the shortened EEO-1 filing cycle, along with anticipated changes for reporting on non-binary employees, as well as a reminder about continuing obligations for protected veterans and individuals with disabilities. Lauren provides insights on changes to OFCCP’s headcount and structure, the agency’s possible enforcement initiatives, and certification issues under Executive Order (EO) 14173. Chris offers a brief mention of the new EO 14281’s aim to deprioritize disparate impact, along with a reminder to contractors about the unwinding of EO 11246 obligations pursuant to EO 14173.