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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Employment and Workers Comp

Date & Time
  • event Date

    Thursday, September 29, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00
CLE
ALL

This CLE course will advise counsel on employment issues in the metaverse. The panel will address the practical and legal considerations, including concerns surrounding sexual harassment, diversity and discrimination, and accessibility accommodations implicated when interacting in the metaverse. The panel will also discuss concerns related to data collection, privacy, and cybersecurity, as well as how state employment laws and federal regulations might be implemented in the metaverse.

Faculty

Emily M. Lamm
Attorney
Gibson, Dunn & Crutcher LLP

Ms. Lamm’s practice focuses on employment litigation, counseling, and investigations. She has substantial expertise advising companies on regulatory compliance with the legal and policy developments surrounding AI and other emerging technologies across the employment lifecycle. Leveraging her deep knowledge of rapidly evolving AI-related frameworks, Ms. Lamm helps companies develop a strategic and practical approach to crafting and implementing policies, processes, and legal risk mitigation strategies. She has advised developers and deployers regarding compliance with New York City’s Local Law 144, the Illinois AI Video Interview Act, the California Consumer Privacy Act), and other federal, state, and international data protection and employment laws. Ms. Lamm is a thought leader in this space, regularly speaking and writing on AI issues in employment. She also has extensive experience assisting clients in drafting employee handbooks and policies, conducting compliance audits and workplace investigations, navigating state and federal agency investigations, and advising clients on a variety of employment-related issues, including pay equity and DEI initiatives.

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Joseph C. O'Keefe
Partner
Proskauer Rose, LLP

Mr. O'Keefe is an experienced trial lawyer who, for nearly 30 years, has litigated employment disputes of all types on behalf of employers, before federal and state courts, arbitral tribunals, and state and federal administrative agencies throughout the U.S. He has litigated employment-related lawsuits alleging breach of noncompete agreements, theft of trade secrets, discrimination, sexual harassment, whistleblowing, wage and hour violations, Title IX violations, breach of contract, defamation, fraud, and other business-related torts. His practice includes representing clients in complex class and collective litigation, including alleged violation of state and federal pay equity laws, violations of wage and hour laws, and discrimination claims. In addition to his extensive litigation practice, he regularly advises employers, writes and speaks on a wide range of employment-related issues. He counsels clients concerning pay equity, use of Artificial Intelligence in the workplace, management of personnel problems, ADA/FMLA compliance, reductions in force, investigation of employee complaints, state and federal leave laws, wage and hour issues, employment policies, and contracts.

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Siddartha Rao
Partner
Romano Law, PLLC

Mr. Rao is a commercial litigation and technology attorney with over a decade of experience handling complex commercial matters for clients ranging from small businesses and individuals to large corporations. He has litigated in federal and state trial and appeal courts in many jurisdictions, including New York, Washington D.C., Texas, California, Pennsylvania, Delaware, and others, as well in arbitral forums. Mr. Rao also advises clients on issues involving intellectual property protection and licensing and data privacy. In addition, he provides legal advice and counsel to clients in the software, mobile applications, and entertainment industries.

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Description

Technology is creating new legal issues for employers. The metaverse, a virtual world in which users interact in simulated environments, is expanding as companies begin exploring augmented reality as a means of improving workflow and communication. This has created a number of issues that employment policies, laws, and regulations have not directly addressed.

One of the first legal issues to arise in the metaverse was a claim of sexual harassment, which will be discussed alongside the related issues presented by verbal harassment, bullying, and discrimination in the metaverse. Such acts may occur when, for instance, an avatar in a virtual space “physically” harasses someone, is designed to have inappropriate bodily proportions or characteristics, etc. When implementing or building a platform, the mechanisms to prevent harassment, discrimination, and bullying should be an initial consideration for employers.

Metaverse platforms may also lead to exclusion of persons with visual, physical, and/or verbal impairments and disabilities depending on the platform design. When implementing or building a platform, employers should carefully consider all accessibility concerns and formulate a clear and concise accommodation strategy.

Until further laws and regulations are passed, employers will need to ensure their regulation of and conduct within the metaverse workplace is aligned with existing federal and state employment laws and regulations. Employers should establish the terms and conditions of use and dispute resolution and revise existing policies pertaining to harassment, discrimination, bullying, accessibility and accommodations, and related reporting obligations.

Together with use of the metaverse, some employers are investigating artificial intelligence as a means of improving efficiency. Employers can create AI supervisors, advisers, and assistants, which can provide support to employees with low level tasks, leaving employees to perform the higher leverage and discretionary functions of their jobs.

Listen as our expert panel discusses the legal issues that will arise as employers move into the metaverse. The panel will address key legal concerns that are likely to arise, and which should be considered before moving onto a virtual platform.

Outline

  1. Employment in the metaverse
    1. Defining the metaverse
    2. History of the metaverse
  2. Key issues
    1. Discrimination and harassment
      1. Sexual harassment
      2. Verbal harassment and bullying
      3. Discrimination
    2. Accessibility and accommodations
    3. Jurisdiction
    4. Privacy
    5. Digital outsourcing
    6. Other concerns
  3. Best practices before a transition

Benefits

The panel will discuss these and other pivotal issues:

  • When should employers consider opening a virtual office on the metaverse or another virtual platform?
  • What should an employer do before opening a virtual office?
  • How can employers address issues of sexual or virtual harassment in the metaverse?
  • How can employers address issues of discrimination in the metaverse?
  • How can employers address accessibility issues and/or accommodation requests related to the metaverse?
  • What issues arise with the use of avatars in the metaverse disguising employee identities?
  • What issues arise with employees' freedom to design their avatars? How can this be addressed preemptively?
  • How can the metaverse and AI be used to improve business efficiency?
  • What are the risks associated with the metaverse and AI and how can an employer minimize them?