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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.

Most companies know that they can’t demote or fire an employee because of their race or religion. But how can companies avoid making decisions based on unconscious bias? Partners Tracey Diamond and Evan Gibbs sat down with CyberRisk Alliance VP of People Ying Wong to talk about the popular Netflix show Partner Track, workplace diversity, and unconscious bias.

What risks do companies face for failing to timely and sometimes appropriately investigate workplace complaints? In the first video recording of the Hiring to Firing Podcast, Partners Tracey Diamond and Evan Gibbs sit down with DS Smith General Counsel for North America Josh Burnette to talk about the popular Netflix show Monster: The Jeffrey Dahmer Story and workplace whistleblowing complaints.

What responsibilities do managers and coworkers have to prevent or stop harassment in the workplace? Is silence just as bad as the harassment itself? Partners Tracey Diamond and Evan Gibbs sit down with Megan Bigelow, assistant general counsel at Sonesta Hotels, to talk about the popular Apple TV series The Morning Show and harassment in the workplace. Hear all this and more in Episode 13 of the Hiring to Firing Podcast!

George Costanza was the master at “quiet quitting” — the latest term for employees who do the bare minimum. Have your employees joined this trend? Is production down in the office? Partners Tracey Diamond and Evan Gibbs sit down with Paradies Lagardere litigation and compliance attorney Rebecca Silk to talk about the popular TV series Seinfeld and the quiet quitting trend. Hear all this and more in Episode 12 of the Hiring to Firing Podcast!

What could possibly go wrong with firing employees for having “bad energy” or not being “a good fit?” Join Partners Tracey Diamond and Evan Gibbs as they sit down with Fulton Bank Director of Organizational Effectiveness Allison Snyder to talk about the Apple TV+ series WeCrashed and the perils of these types of firings — including what happens when there’s a lack of professionalism and ethics in the workplace. Hear all this and more in Episode 11 of the Hiring to Firing Podcast!

Published in Law360 on January 20, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

Earlier this month, President Joe Biden signed into law the Protecting American Intellectual Property Act,[1] which aims to protect U.S. intellectual property by imposing sanctions on companies and individuals involved in trade secrets theft.

Q: Does the Speak Out Act affect employer nondisclosure and nondisparagement agreements?

A: Nearly five months after Senator Kirsten Gillibrand (D-NY) first introduced the bipartisan Speak Out Act, President Joe Biden signed it into law on December 7, 2022. The Speak Out Act bars judicial enforcement of nondisclosure and nondisparagement clauses concerning sexual assault and sexual harassment allegations if entered into “before the dispute arises.” This ensures that “victims and survivors have the freedom to report and publicly disclose their abuse,” while still allowing employers to use nondisclosure and nondisparagement clauses in resolving a dispute once it has arisen.

How does a company keep its trade secrets secret? What can companies do to protect their confidential information? In Episode 10 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sat down with Tangibly CEO Tim Londergan and Troutman Pepper Partner Will Taylor to discuss the hit TV show Severance and how it relates to best practices in dealing with trade secret theft and protecting confidential information. Tune in for a lively discussion!

Should you be friends with your coworkers outside of work? What should employers consider when they learn about a relationship outside of the workplace? In Episode 9 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sit down with Matt Leeth, executive vice president of legal affairs at Jushi Holdings, Inc., to discuss an episode of the TV series The Office, and best practices in dealing with relationships outside of the workplace. Tune in for a lively discussion!