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In-House California recently invited a group of in-house counsel from Bay Area companies to participate in a roundtable discussion focusing on labor and employment issues. The roundtable was moderated by Lynne Hermle, a labor and employment partner at Orrick, Herrington & Sutcliffe. The following is an edited version of the conversation. A recorded version of the full 90-minute discussion is available on compact discs and audiocassettes as part of The Recorder Roundtable series of CLE programs. Call (415) 749-5406 or go to www.therecorder.com/roundtable for further information. This and other Recorder Roundtable programs are also available in online CLE versions at www.law.com/recordercle.

“It’s always been hard to try a retaliation case because the jury is almost always against you from the start in a way they may not be in a discrimination or other kinds of cases.” – Lynne Hermle

“I view myself as kind of the gatekeeper on particular situations. And if a matter does get to litigation, I always ask if there is something that I did wrong.” – Kevin Marks

“The unfortunate thing, in terms of Section 796, is that I don’t think plaintiffs will really significantly benefit either monetarily or in terms of their working conditions in a majority of these cases.” – David Otsuka

“Every company has some rogue managers. But it was really striking the extent to which the majority didn’t just want to know what the law would permit but that they also wanted to do the right thing.” – Anne Libbin

“In some areas today I have trouble finding outside expertise where they know more than I do. When I call, I want somebody who knows more than I do in that area.” – David Cover

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