CLE Showcase Programs

CLE Showcase Programs

CLE Showcase Programs

2014 ABA Magnitude360 Annual Meeting is offering 34 outstanding world-class CLE Showcase Programs. Below is information on the Showcase Programs being offered.

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Saturday, Aug 9 
10:30 AM - 12:00 PM
SPONSORING ENTITY
DESCRIPTIVE PARAGRAPH
The Case for Marriage EqualityAmerican Bar Association
Speakers: David Boies, Mary Boies, Theodore B. Olson and Lady Booth Olson.  Moderator: Hon. Margaret H. Marshall
Shelby County v. Holder: Its Impact & ImplicationsCommission on Hispanic Legal Rights & Responsibilities
In Shelby County v. Holder (2013), the Supreme Court ruled that Section 4(b) of the Voting Rights Act was unconstitutional. The decision struck down the coverage formula that determined which states and municipalities must undergo federal review of any new voting laws and practices. This federal overview known as the Section 5 preclearance requirement, while not deemed unconstitutional was made inoperative by the Shelby County opinion.  This program takes a look at the impact and implications of the opinion one year later. The session explores  discriminatory voting practices, new legislative efforts to restore invalidated provisions of the Voting Rights Act and  the demographic trends that will influence the future of voting. The panel of experts will offer a variety of perspectives of the topic since voting rights are basic fundamental civil rights that affect all of us.
The Epidemic of Elder Financial Exploitation: Ethical Traps for Lawyers and Skills Every Lawyer NeedsCommission on Law and Aging
Elder financial exploitation (EFE) costs victims, families, governments, and businesses more than $2.9 billion annually and affects millions of older persons. Every lawyer needs to know how EFE may affect them personally and professionally. The sensational Brooke Astor case demonstrates that a lawyer who is ignorant of EFE may fail to protect the client from harm or unwittingly participate in the client’s victimization, possibly leading to professional discipline, liability, or even criminal charges. National experts will (1) present demographic trends that increase the likelihood that lawyers will deal with diminished financial capacity and EFE in their families and in their work; (2) use the Astor case to pose ethical and practical dilemmas and provide tips for addressing those challenges; and (3) teach signs of vulnerability to EFE and recommended options for responding.
The Evolution of Cybersecurity and Planning for ResponseCybersecurity Legal Task Force
Daily reports of cybersecurity attacks continue to bring to the front pages of the news how important cybersecurity is to the private sector.  The ABA remains concerned about reports that NSA’s Australian counterpart had spied on a U.S. law firm, including “information covered by attorney-client privilege,” White House lawyers are considering options for restructuring NSA’s phone-surveillance program, while the Attorney General calls on Congress to create a national standard for alerting consumers whose information may be compromised by cyberattacks.  What does all of this mean?  Will we see cybersecurity legislation this year?  What is the lawyer’s responsibility? Meanwhile, law firms and government law departments continue to be prime targets due to the valuable client information they hold. The panel will discuss current cyber threats, applicable laws, and the ethical standards lawyers need to be aware of in this dangerous arena.  Copies of the ABA Cybersecurity Handbook and Playbook will be available. 
The Changing Legal Landscape of Women's Health and Reproductive Rights: The Struggle for ControlIndividual Rights and Responsibilities
Throughout the country, states are enacting laws that give government increasing powers over women’s reproductive rights and health care decisions.  At the federal level, the Affordable Care Act has also resulted in significant litigation. As illustrated by recent Circuit Court decisions, the constitutionality of the Act’s contraception mandate is intertwined with questions of religious freedoms. By Annual Meeting, the Supreme Court will have issued a decision on aspects of this mandate in Sebelius v. Hobby Lobby Stores– a decision that will likely have vast implications for women’s reproductive rights.  This program has 3 goals: (1) Detail the array of restrictions that have been implemented over the past several years affecting women’s reproductive decisions; (2) Describe how these restrictions have impacted the delivery of and access to health services generally, and in particular, to women in poor communities; and (3) Analyze the implications of the Supreme Court’s decision and what it may mean for the outcome of future appeals of legislative restrictions affecting women’s reproductive health. 
Extraterritoriality of U.S. Laws and Regulations –The New Normal?International Law
While rock ’n roll and blue jeans may be America’s most popular exports, U.S. laws and regulations are probably our most prolific and least popular.  The expansion and enforcement of U.S. laws and regulations with extraterritorial reach have increased over the last ten years.  Areas include:  antitrust; export controls; economic sanctions; anti-money laundering; anti-corruption; taxation; and financial market reforms.  The global reach of these laws and the appetite of U.S. authorities for enforcement create substantial risks and impose tremendous costs on companies and individuals – particularly those with no direct ties to the United States.  The line between what is and isn’t subject to U.S. regulation is increasingly blurred, raising significant new issues for those who are unsure of just how far U.S. jurisdiction extends.  This panel of experts will explore these issues and provide insight on evolving best practices for compliance in what may very well be the “New Normal.”
" '. . . and Justice for Some':  Unconscious Bias & The Law"Judicial Division
Is Lady Justice color-blind?  Join nationally-renowned thought leaders for a fast-paced, provocative round-table dialogue – modeled on the Emmy award-winning PBS series, the “Fred Friendly Seminars” – as we explore the profound, pervasive impact of unconscious racial/ethnic bias in our justice system today.  Using hand-held technology to cast confidential “votes,” audience members will react to a series of “ripped-from-the headlines” vignettes, based on incidents such as the 2009 arrest of Harvard Professor Henry Louis Gates, Jr. (for forcing the jammed door of his own home), the shooting of Oscar Grant by a Bay Area transit police officer (dramatized in the 2013 film “Fruitvale Station”), George Zimmerman’s trial in the 2012 death of Florida teen Trayvon Martin, the NYPD’s controversial “stop-and-frisk” policy, and the recent spate of high-profile “shopping-while-black” arrests at tony Manhattan department stores, as well as the false arrest lawsuits those detentions have spawned.  
Views From the Top: A General Counsel Roundtable on the Most Challenging Issues in Science and Technology Law Today and TomorrowScience & Technology Law
This program will feature speakers who have served as General Counsels of various companies and organizations who will discuss their views on the most challenging scientific and technological legal issues their organizations are facing today, such as identifying and resolving privacy, cyber-crime and cyber-security issues, the impact of rapid advances in mobile communications, and  effectively handling electronic discovery and digital evidence.  There will also be a discussion regarding emerging issues involving science and technology law that are appearing on the horizon.  The General Counsels will also discuss best practices in working with outside counsel to solve these challenges, and how they make decisions about hiring outside law firms.  They also will discuss their career paths that lead them to the General Counsel's office, and offer some advice to attorneys practicing in today's challenging legal climate. 
Combating Gun Violence: A Role for Lawyers and the BarStanding Committee on Gun Violence
What can communities do to create a meaningful dialogue among bar leaders, law enforcement, public officials, and community organizations to address the challenges related to gun violence? A panel of experts will provide an in-depth discussion of current Second Amendment law and other developments in the fight to reduce gun violence in our communities. The program will address the latest developments in the legal, legislative and public health fields, with experts from each area offering their perspectives. Participants will learn about the ABA’s recent efforts to develop a program template that may be used by bar leaders and individual attorneys to foster discussion on community action to address gun violence. President Jim Silkenat (confirmed); Professor Laurence Tribe, Harvard University (confirmed); Jon Lowy, Brady Center (confirmed); John Rosenthal, Stop Gun Violence (confirmed); 
Governor Deval Patrick (Invited).
Chasing Change: Why Legal Practice Will Never Be the Same, and What It Means for YouStanding Committee on Professionalism
Nationally prominent experts on the future of the legal profession warn of a substantially transformed practice environment in coming years, driven by globalization, technology, shifting bar demographics, and other inexorable forces. Practice norms, lawyer regulation of lawyers, multijurisdictional practice, law firm economics, forms of legal practice, professional development stages -- all face disruption and redefinition as global and technological change accelerates. A panel of distinguished "futurists" from legal practice and academe will share their visions of change as well as practical wisdom on ways lawyers and the profession must adapt to a new legal world or be left behind. The legal ethics dimension of system change will be emphasized.   This presentation will complement the book under development on the Future of the Legal Profession, produced by the Standing Committee on Professionalism, Center for Professional Responsibility, publisher, in partnership with Bar Services.
The Class Action Fairness Act and State Attorney General Enforcement Actions: Does the Supreme Court's Ruling Open a New Door for the States?State & Local Government Law
On January 14, 2014, the Supreme Court issued its unanimous opinion in Mississippi ex rel. Hood v. AU Optronics Corp. relating to the removability of certain cases from State to Federal Court under the Class Action Fairness Act ("CAFA").  The Supreme Court ruled that because Mississippi was the only named plaintiff in the enforcement action, the matter did not qualify as a "mass action"  - a civil action in which monetary compensation is sought on behalf of 100+ persons -- under "CAFA."  This ruling effectively prevents a party from removing most, if not all, of the traditional State Attorneys General enforcement cases to Federal Court. While the Supreme Court's decision centered upon the text of the CAFA statute, our panelists of experts, including the Mississippi Attorney General,  will discuss the scope and breadth of a state's parens patriae authority, the federalism issues related to state Attorneys General actions under CAFA, and the impact of the Supreme Court's ruling on multi-state enforcement actions.
Saturday, Aug 9
2:00 PM - 3:30 PM
SPONSORING ENTITY
DESCRIPTIVE PARAGRAPH
The Low Tech Lawyer’s Guide to Ethical Competence in a Digital AgeCenter for Professional Responsibility
Lawyers are ethically responsible for providing competent representation to clients.  But how do they ensure competence when using new and continually evolving technologies such as social media, QR Codes, increasingly sophisticated handheld devices, and “the Cloud”?  The ethical touchstone is reasonableness, but what does that mean for the use of technology in an environment of rapid and constant change and increasing technology-related disciplinary cases?  North Dakota Supreme Court Justice Daniel Crothers and Professor Andrew M. Perlman, Director of the Suffolk Law School Institute on Law Practice Technology and Innovation, will engage attendees in an interactive session to help them understand these issues.  Specifically, discussion will address the substance and practical application of newly amended model rules of professional conduct to lawyers’ use of technology in daily law practice, including but not limited to Model Rules 1.1, 1.4, 1.6, 1.18, 7.2, and 7.3.
No Deportation Without Representation? A Panel Discussion led by journalist and Al Jazerra America Host Ray SuarezCommission on Immigration
“You have the right to an attorney and if you cannot afford one, one will be appointed for you.”  It is commonly believed that before you can be punished by the government, you have the right to  appointed counsel.  But people who find themselves in deportation proceedings, with limited exceptions, do not have the right to appointed counsel. The Supreme Court, while not recognizing deportation as punishment,  has ruled that deportation “is a drastic measure, and at times the equivalent of banishment or exile. ”Moreover, deportation laws have been called labyrinthine and complex, yet persons with mental disabilities, children, parents of U.S. citizen children –are not entitled to appointed counsel to help thread the labyrinth..  Eighty-three percent of those in detention by Immigration and Customs Enforcement are unrepresented and 60% of individuals who are not detained go unrepresented.

Strikingly, immigrants who remain detained and are represented by counsel throughout deportation proceedings, have “approximately 1000 percent more likely to succeed in preventing deportation than detained immigrants who are forced to proceed without attorneys.” Thus, whether an immigrant has counsel, has a dramatic impact on the outcome of his case. This program will address innovative programs which are being developed to provide representation to this vulnerable population.  These programs include court appointed counsel for persons with mental disabilities stemming from the Franco-Gonzalez v. Holder litigation, The New York Immigrant Family Unity Project which seeks to guarantee universal, quality legal representation for New Yorkers who are detained and facing deportation; the first county-based representation project through Alameda County public defenders project; and projects to provide representation for unaccompanied minors.
True Grit and a Growth Mindset: The Secrets of Success for Women LawyersCommission on Women in the Profession
In the past two decades, men and women have entered the practice of law in roughly equal numbers. However, by the time women arrive at the most senior law firm levels, they represent a mere 15% of equity partners.  While studies have identified obstacles that contribute to this gender gap, this program identifies two of the characteristics--grit and growth mindset--that many successful women attorneys have in common, often above other measures such as IQ, class rank, or law school. This program will educate participants about the science behind these traits, provide attendees with tools to assess their levels of grit and growth mindset, and offer practical ways to incorporate these concepts in performance evaluations and professional development programs. Ultimately, these traits can be taught and leveraged to enhance the quality and effectiveness of women lawyers and ensure competence, better communication between attorney and client, and zealous advocacy on behalf of the client. 
Privacy and CyberSecurity: New Issues on the HorizonHealth Law Section
Health information technology has tremendous potential to improve health care quality and reduce costs while empowering patients to participate more actively in management of their own care.  At the same time, collection, storage and exchange of growing amounts and types of personal health information poses risks to privacy-and these risks pose threats to patients' patients' and providers'  trust in the health care system. This program will examine a number of issues related to health information and privacy, including: Privacy issues in the Affordable Care Act's health insurance exchanges, Safeguarding patient-generated health data on mobile devices, Privacy issues surrounding genetic information, including newborn genetic test data, and use of genetic data for research.
Wiretapping of Attorney-Client Conversations: How Can Professional Secrecy be Protected?International Law and Union Internationale des Avocats
Recent revelations concerning NSA wiretapping of US law firms, as well as the leaking of French criminal investigators' wiretaps of conversations between a former French President and his personal lawyer, have raised alarm in the legal profession on both sides of the Atlantic.  This program will compare procedural and substantive aspects of eavesdropping of attorney-client conversations under the laws of the US and the countries of the EU to identify procedural safeguards and substantive solutions that can be adopted in response to this direct challenge to the most cherished principle of the legal profession worldwide.
Law Firm Models: Improving Gender Equity and PerformanceLaw Practice Division
How can your law firm use its organizational model to increase both inclusion and revenue generation? Learn from our expert panelists in this moderated discussion, which brings together: Rosabeth Moss Kanter, one of the most influential business thinkers in the world, New York Times and Business Week best-selling author, and expert on the culture and dynamics of high performance organizations; Margaret Hilary Marshall, the former Chief Justice of the Supreme Judicial Court of Massachusetts and Senior Counsel at Choat; and Paul Dacier, the President of the Boston Bar Association and General Counsel of EMC Corporation.
From Guantanamo to Boston:  The War on Terror and the Rule of LawLitigation
The recent Boston marathon bombing prompts us to examine the friction between the war on terror and the rule of law, including due process rights, rights of free speech and assembly,  and protections against invasions of privacy and other governmental incursions.  Using video presentations and panel debate, this interactive program explores whether our responses to terrorist activity have strained the rule of law to the breaking point, and whether – as in the days of the Boston Massacre – there is still room for extremely unpopular defendants to get a fair trial.
Planning for an Aging Population - Your Clients, Your Parents and Someday You!Real Property Trust and Estate Section
As our lifespans are expanding and public resources for elder issues are shrinking, coping with a long period of increasing need for assistance while still preserving the quality of life are the goals of elder law.  All attendees are either facing these issues now or will be in their personal lives if not their professional practices.  This presentation will cover the methods of transferring decision-making and protecting the individual when incapacity occurs as well as the best practices for retaining quality of life as we become less vigorous physically and mentally.  Issues covered in this presentation will, include the impact of the ACA on health care benefits for seniors; medical and financial decision-making by surrogates, including cross-border issues; estate planning for late in life romance and use by the younger generation of the new biology in creating families; accommodating romance and other privacy issues in the residential care facility setting; improvements in the guardianship process, and responses to the elder abuse crisis. 
From Kickstarter Campaigns and Beyond: Representing the Tech Company in Crowd-Sourcing, Private Equity and M&A TransactionsScience & Technology Law
What will be the next Twitter, Instagram or Facebook? How do you advise a client with the next BIG idea on how to fund itself and when to consider an M&A exit strategy? And what are the pros and cons of crowd-sourcing vs. private equity? This program will navigate you through issues unique to the representation of high tech companies, both industry leaders and start-ups. We will explore the key factors driving successful crowd-sourcing and equity transactions, clarify the new JOBS Act regulations and the securities regulations dos and don’ts. Through real-life examples of high-profile tech deals, we will show how a company's well-articulated technology and IP profile can dramatically impact a successful fundraising or M&A transaction. Other topics covered include: valuation drivers, the role of senior management and professional advisors and "selling the technology sizzle." We also will review more traditional transaction issues in light of current market trends, including deal structures, earn-outs and due diligence.  If it's a Kickstarter campaign or equity or M&A deal your client is considering, our panel of experts will guide you on the right strategy.
Nonprofit Boards of Directors 101: What You Must Know!Solo, Small Firm and General Practice Division
Just joined a nonprofit board or agreed to represent one? Our distinguished panel will give you the ultimate road map to successfully navigating your new responsibilities! From tax status, fundraising, director liability and various points in between, our panel will provide the “non” nonprofit lawyer the key details to success in their new nonprofit role.
On the Docket: The 2013 Superme Court TermStanding Committee on Public Education
On the Docket” will look at the recent completed Supreme Court term and preview the headline cases for the term starting in October 2014. This moderated discussing will include engaging discussions of topics including the Court’s rulings on protests at abortion clinics, the role of religion in government proceedings, police search practices, and the procedures regulating class actions. The panel features prominent Supreme Court journalists, Supreme Court practitioners, and constitutional law scholars. As part of the written CLE materials, participants will receive a complimentary copy of ABA PREVIEW of United States Supreme Court Cases, Issue 8 (year-end wrap up issue). PREVIEW, the flagship publication of the ABA Division for Public Education, is the primary source for up-to-date information about the current docket at the U.S. Supreme Court and is distributed in chambers and to the press corps.
Sunday, Aug 10
10:30 AM - 12:00 PM
SPONSORING ENTITY
DESCRIPTIVE PARAGRAPH
What You Can Learn From TV LawyersABA Journal
TV Lawyers. We can’t stop watching them. Whether it’s Saul Goodman helping his clients launder drug money on “Breaking Bad” or Arnie Becker’s sexual liaisons with clients on “LA Law” or Alan Shore’s impassioned courtroom arguments on “Boston Legal” or Alicia Florrick’s inspiring career trajectory, TV lawyers enthrall us, outrage us, entertain us and inspire us. This 90-minute program will feature a panel of lawyer-pop culture commentators, law professors and television writers who will discuss how lawyers and the practice of law are portrayed on television and what that means for practicing lawyers. Lawyers can learn valuable skills from this program including: Litigation skills, including more effective courtroom presentation and arguments; Practice management skills including career building tips; Ethics including tips on how far lawyers can push the ethical envelope in work, work/life balance and relationships.
Federal Courts at the Intersection of Law and PoliticsCommission on Racial and Ethnic Diversity in the Profession
The federal courts — especially the appeals courts — set precedents that impact critical areas of American life from national security to economic and environmental regulation, voting rights, civil rights, health and welfare  policies, public safety, abortion, immigration, affirmative action, gun control and gay marriage, to name a few.  Under the U.S. Constitution, every President has the prerogative to nominate candidates for the federal bench.  Those nominees are then confirmed or rejected by the Senate.  In recent years, partisan and ideological politics have impacted this process, sometimes resulting in a so-called “gridlock” where one party effectively blocks the appointments of the other party, via the use of filibusters that prevent a vote on a nominee’s merit.  

In November, 2013 the U.S. Senate exercised the so-called “nuclear option” to change its rules to enable judicial and executive nominees to be confirmed with just 51 votes instead of 60.  With the filibuster rules rewritten, the Senate was free to proceed with approving a backlog of presidential nominations, including many to the federal bench. It is the most significant such change since the Senate lowered its threshold to break a filibuster from two-thirds of the body to three-fifths, or 60 votes, in 1975, and has resulted in a great deal of consternation by members of the minority party, who fear the stacking of the court with judges who do not share their ideology.  This program will review the process for federal judicial appointments under the U.S. Constitution, explore how politics have impacted that process, and consider how recent events such as the Senate’s new rules may impact the federal judiciary as well as law in American society.
What Lawyers Need to Know About Same-sex Marriage After United States v. Windsor & Hollingsworth v. Perry: Implications for Employment Law, Litigation and Public PolicyCommission on Sexual Orientation and Gender Identity and Labor and Employment Law
One year after the Supreme Court found Section 3 of the Defense of Marriage Act unconstitutional, and effectively re-instated the right of same-sex marriage in California, waves of legislation and litigation have emerged around the country targeting the rights of LGBT persons.  A panel of nationally recognized experts on LGBT legal issues will explain the current status of the law, how we reached it, and the impact of the Courts’ decision.  Speakers will examine various areas of public policy, litigation, and labor and employment law including; family leave, welfare benefits, retirement benefits, tax, ERISA litigation, and how employers can navigate differences between federal and state law on same-sex marriage.
The Adolescent Brain: What Lawyers and Parents Must KnowCommission on Youth at Risk
Fathers and mothers, and lawyers involved in cases involving young adults, need to be aware of the growing medical and psychological consensus -- relevant to teenagers, older youth, and their families -- that the brain is still maturing well into the early 20's.  This includes key parts of the brain regulating judgment, impulsivity, foresight, and other characteristics influencing moral (and legal) culpability.  As a result, it is critical that parents, as well as lawyers, judges, and  youth-serving professionals, re-examine both the domestic and international law responses (e.g., by schools, courts, and legislatures) to adolescent behavior that is considered offensive, disruptive, or criminal.  The Supreme Court has cited adolescent development research to support holdings that states can not impose  mandatory life-without-parole sentences to juveniles.  Our systems of  judicial intervention are hopefully becoming more trauma-informed.  School discipline policies are being revised to reflect what we know about the  brains of may teenagers.  

These developments raise major additional  questions, among them:  In the eyes of the law, what is a "reasonable juvenile" in terms of behavior?  What are appropriate statutory controls on drugging teens with psychotropic medications?  What are the U.S. and global implications of placing traumatic, stigmatizing labels on adolescents, such as placing them, for life, on sex offender registries?  And as we become increasingly aware of the effects of childhood trauma, autism, and prenatal brain injury on the development of young people, what is the role of the law in ensuring that youths are not further traumatized or inappropriately punished when they become involved with the courts? 
From Kindergarten to the NFL: Combating Bullying Without Violating RightsIndividual Rights and Responsibilities and Young Lawyers Division
Harm from bullying and harassment is real and significant, and victims range from school children to professional football players. Bullying is a difficult issue to tackle legally because it can implicate First Amendment and due process rights, and it frequently occurs under the radar, including in cyberspace, often going unnoticed until after the victim has been harmed. Yet there are policies and techniques that can be effective in preventing and dealing with bullying.  This policies and techniques can proactively prevent and allow proper response to verbal harassment and bullying without generating litigation opportunities for the accused. 

This program will discuss: strategies to prevent bullying and to address it when it occurs, including through electronic communications; legal issues, including constitutional claims, that arise in the context of addressing bullying; the potential for a systematic approach to effectively deal with bullying; the various interests and rights at stake in handling complaints by targets of verbal harassment and cyber bullying, proactive prevention strategies and techniques for avoiding suits by the target and the accused, and will learn to recognize the line between unlawful harassment and protected speech.  This program will feature approximately _____ legal experts on bullying, including James Hanks, author of the recent ABA book, "School Bullying: How Long Is the Arm of the Law?" Our speakers will first provide a general overview of the legal issues, and then the bulk of the program will be a roundtable discussion with the audience. We propose to invite school teachers and administrators from the community to participate in this discussion and share their experiences.
Legal Challenges to Hate Speech: Historical Perspectives and Current ControversiesJudicial Division
American Bar Foundation Research Professor Victoria Woeste provide an overview of Sapiro v. Ford, the first modern hate speech case. Ford’s newspaper and the “the International Jew” relied on mass circulation technology and media control to spread prejudice.  The modern trend is away from civil liability and toward criminalization of individual conduct by state and federal governments.  Civil remedies are costly  and injunctive relief against web sites to remove hate speech may not be effective.  The historical underpinnings of internet hate speech, and potential criminal and civil remedies will be examined, including First Amendment challenges  to criminal and civil actions.
Order in the Court: What America’s Judges Want You to KnowJudicial Division
A benchmark in our country’s commitment to Justice for All, is the civility, decorum, and professionalism modeled in courts. Judges serve from a unique vantage point—they observe a multitude of behaviors exhibited by lawyers and litigants who appear before them, and they guard the integrity of the forum.  In this program directed to attorneys,  judges from around our nation will contribute to a candid, interactive panel discussion that reflects their diverse experience and insight, shares their personal recommendations to improve attorney performance, and inspires lawyers to the highest level of ethics and professionalism.   
A Roadmap for Effectively Using Social Media in Employment LitigationLabor and Employment Law
Facebook posts, LinkedIn updates and other forms of social media an archive a treasure trove of information for employment litigators seeking evidence on claims, defenses or witness credibility.  Yet, that bounty's promise is often tempered by challenges presented by this unique form of information. This program will examine those challenges, as panelists discuss the promise and perils of using social media in litigation.  Among the topics that will be addressed are preserving, collecting, and producing social media and authenticating social media content for admission to evidence. Panelists will also discuss ethical and privacy constraints on using social media in litigation and will provide a roadmap for handling social media evidence before and during employment litigation.
Somebody's Watching! Nuts and Bolts of Law Firm CybersecurityScience & Technology Law
Law firms are prime targets for security breaches because of their treasure trove of sensitive and confidential records. Media reports that law firms are increasingly the subject of hacker attacks and insider breaches should serve as a wake-up call for lawyers in all types of practice settings. Lawyers who have not assessed and addressed the risks may be subject to potential liability when a breach occurs. The question is where to begin.  

This panel, which includes ABA Cybersecurity Handbook contributing authors, will review the steps attorneys must take to address this critical problem proactively, including how to conduct a risk assessment (an integral part of the National Institute of Standards and Technology (NIST) cybersecurity framework) and identify and prioritize the most critical security controls that will reduce risk now.  In a practical yet fast-paced discussion, they will make sense of this complex area and answer the questions you didn’t know you should be asking. Don’t miss this opportunity to learn the nuts and bolts so you can avoid screw-ups when it comes to law firm security.
Forging New Frontiers: The Intersection of Bioethics and Biotechnology LawSpecial Committee on Bioethics and the Law
Advances in biotechnology and the life sciences are reshaping when life begins, how life is lived and when life ends. Please join us for a dynamic discussion of how technological innovations in medicine and science have influenced, changed, transformed and created a myriad of new legal, ethical and policy responses.  While these important and worthwhile advances such as stem cell research, genetics and nanotechnology may differ greatly, the ethical and legal challenges raised by each are quite similar. Our panel of national experts will set the stage for a lively and interactive discussion of whether existing laws and ethical frameworks are sufficient to address the concerns raised by these new technologies or if new approaches need to be considered.
Planning for Foreign Investment in U.S. Real EstateTaxation
Foreign investors in US real estate face a host of US income, estate, and gift tax challenges that can severely undercut the economic return from their investment if not properly addressed.  This panel will provide an overview of those tax concerns and then suggest specific structures that can be used to invest in US real estate to minimize adverse tax impact.  The panel will also discuss investing in US REITs as well as dept secured by US real estate, which are other possible routes for non-US investors.
Game-Changer: The States’ Big Gamble on Legalized Sports BettingTort Trial and Insurance Practice Section
Should other states (besides Nevada) have the right to legalize sports betting? Can the federal government discriminate among states by allowing sports betting in some states, but prohibiting it in all others? Can Congress prohibit the States from regulating commercial activity when there is no federal regulatory or deregulatory scheme to protect? These important questions are at the heart of a landmark case arising out of New Jersey’s efforts to legalize sports wagering. The State of New Jersey (backed by three amici states) has asked the Supreme Court to review the constitutionality of the federal ban on state-sponsored sports wagering. Join us for this exciting program as a panel of leading experts, including Theodore B. Olson and Sports Illustrated’s Michael McCann, discuss the latest developments in this high-stakes legal battle and its ramifications for the sports industry, the gaming industry, and our dual system of state and federal sovereignty.