Covid-19 Liability Waivers: Pros and Cons, Employee vs non-employee and what can and cannot be waived


CLE credits earned: 1 General Credit (WA 1 Law and Legal)

Shearman & Sterling Partner Gillian Emmett Moldowan and associate Y. Jingjing Liang will provide an overview of liability waivers and will discuss whether liability waivers are a viable option for businesses designing and implementing return-to-workplace plans. They will examine the pros and cons of utilizing liability waivers and provide an overview of potential liabilities that can and cannot be waived.

Key topics to be discussed:

• Return-to-workplace plans generally for businesses
• Liability Waivers
o Prospective vs. retrospective
o Employees vs. non-employees
• Non-Employee Liability Waivers
• An overview of various state approaches

Date / Time: November 19, 2020

•   3:00 pm – 4:00 pm Eastern
•   2:00 pm – 3:00 pm Central
•   1:00 pm – 2:00 pm Mountain
•   12:00 pm – 1:00 pm Pacific

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•   Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
•   On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 5 business days after the original recording date and are view-able for up to one year.

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Original Broadcast Date: November 19, 2020

Gillian Emmett Moldowan | Shearman & Sterling LLP

Gillian Emmett Moldowan is a partner in Shearman & Sterling’s Compensation, Governance & ERISA practice. She advises companies, boards of directors, executives and investors on compensation and benefit matters, including equity-based incentives, deferred compensation programs and employment, retention and severance arrangements. Her practice focuses in particular on issues that arise at the intersection of human capital management and corporate governance and in securities offerings and mergers and acquisitions transactions. She regularly counsels clients on disclosure, trading rules (including Section 16) and the negotiation of executive employment arrangements. Gillian also advises on the applicability of federal securities law, tax law and general employment-related legal issues.
Y. Jingjing (JJ) Liang | Shearman & Sterling LLP

Y. Jingjing (JJ) Liang is an associate in Shearman & Sterling’s Compensation, Governance & ERISA practice. She focuses on a variety of compensation-related matters in capital markets and M&A transactions, and regularly provides advice to clients on equity compensation, proxy disclosure, employment, retention and severance arrangements, and corporate governance matters. She also provides advice to fiduciaries on the management and investment of pension assets. Jingjing is also the co-chair of the firm’s Asian affinity group, Asian Attorneys for Community, Empowerment and Success (AACES).

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I. Return-to-workplace plans generally for businesses 3:00-3:12
II. Liability Waivers 3:12-3:24
a. Prospective vs. retrospective
b. Employees vs. non-employees
III. Non-Employee Liability Waivers 3:24-3:36
IV. An overview of various state approaches 3:36-3:48
V. Q&A 3:48-4:00