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Tracey Diamond

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Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

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Published in Law360 on February 26, 2024. © Copyright 2024, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

“Minority Report,” a cinematic masterpiece that debuted over 20 years ago, continues to resonate with audiences today. Directed by Steven Spielberg and starring Tom Cruise, the movie takes place in the year 2054 where a special police department, called Precrime, apprehends criminals before they commit a crime based on information obtained from three psychics, called Precogs.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs, along with fellow Partners Sheri Adler and Mary Weeks, chat about the ultimate whistleblower — police officer Frank Serpico — and the SEC’s recent crackdown on whistleblower provisions in employment and separation agreements. Listen in as the group shares a top 10 list of drafting tips to ensure compliance.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs welcome Katie Stark, senior director, commercial counsel for Collegium Pharmaceutical. The team delves into the topic of dress codes, drawing inspiration from the movie Erin Brockovich, and explores the intersection of personal style and professional expectations. As a bonus, the trio also share their most embarrassing fashion faux pas!

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs are joined by Marie Latoff, president and founder of Verita, LLC, a firm specializing in workplace investigations. Drawing parallels from the movie Minority Report, they discuss best practices and pitfalls to avoid when conducting workplace investigations.

Tune in for an engaging and informative discussion about navigating the investigation process.

On January 2, the U.S. Department of Labor (DOL) published a hotly anticipated final rule, which establishes a six-factor test for determining whether a worker is an employee or an independent contractor for purposes of coverage under the Fair Labor Standards Act (FLSA). The final rule was adopted after publication of a proposed rule in October 2022 and following a 61-day comment period in which the DOL received more than 55,000 comments. The final rule also rescinds an independent contractor rule, issued in January 2021, which never went into effect due to legal challenges. The new final rule becomes effective on March 11.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Carol Cookerly, founder of Cookerly PR, a national marketing, PR, and crisis management firm. Drawing parallels from the TV show, Ozark, they explore how strategic planning and quick decision-making can effectively manage workplace crises.

In this episode of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with Fawn Collingwood, VP of Human Resources at United Safety, about the essence and importance of “grit” in the workplace. With clips from the classic movie, A League of Their Own, they explore how resilience, determination, and teamwork can shape a modern work environment.

Building on the foundation laid in the first episode, the second installment of this series uses additional examples from the TV show The Office to delve deeper into the intricacies of noncompetes. This time, Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Labor + Employment Partner Matt DelDuca and Employee Benefits + Executive Compensation Partner Jim Earle to focus on the concept of “forfeiture for competition.” Key points that were highlighted include:

In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners Tracey Diamond and Evan Gibbs join Partners Constance Brewster and Jim Earle to discuss the popular TV series, The Office, and the basics of noncompetes, their legal implications, and their role in the modern business world, all while drawing interesting parallels to situations from the TV series. Key topics covered include: