Written Materials

AMERICAN BAR ASSOCIATION
SECTION OF LITIGATION

2013 ABA Annual Meeting
August 8–12, 2013
InterContinental San Francisco
San Francisco, CA

Thursday, August 8, 2013

2:00 p.m.–3:30 p.m.

Has the News of the Death of the Billable Hour Been Greatly Exaggerated? (CLE)

Many predicted the economic downturn would expedite the extinction of the billable hour. Alternative fee arrangements are common, but the billable hour remains prevalent. This program will examine whether the billable hour is really inconsistent with delivering service at a value and will assess strengths and weaknesses of various alternative fee arrangements.

Moderator: Jessica K. Hew, Burr & Forman LLP, Orlando, FL

Speakers: Jean L. Bertrand, Schiff Hardin LLP, San Francisco, CA; Evelyn H. Brantley, DuPont Legal, Wilmington, DE; Patrick J. Lamb, Valorem Law Group LLC, Chicago, IL; Joelle Ryssemus, The Presidio Group LLC, San Francisco, CA

Written Materials:

1.1 Has News of the Death of the Billable Hour Been Greatly Exaggerated?


2:00 p.m.–3:30 p.m.

The War of the Roses: Apple v. Samsung—Implications for Innovation and Intellectual Property Law (CLE)

Fan Fiction! Automated Cease-and-Desist Letters! Viral Enforcement Efforts! What to do? Our panel of intellectual property experts, including in-house counsel, will discuss enforcement efforts and tips for strengthening and protecting intellectual property without coming off as an IP bully. Our interactive presentation, including fan fiction clips and examples of enforcement activity gone wrong, will also overview types of possible IP bullying activities, including harassing cease-and-desist letters, specious anticompetitive lawsuits and TTAB proceedings, and troll litigation. Methods for appropriate levels of enforcement, tailoring enforcement efforts to the nature of the problematic activity, avoiding negative viral attention, and responding to perceived bullying will be presented. Tips from experienced practitioners and brand owners will be provided.

Moderator: Joan Archer, Armstrong Teasdale LLP, Kansas City, MO

Speakers: Morgan Chu, Irell & Manella LLP, Los Angeles, CA; Karen Robinson, Adobe, San Francisco, CA; Hon. James S. Ware, U.S. District Court for the Northern District of California, San Francisco, CA; Renee Brown, Tessera Technologies, Inc., San Jose, CA; Christopher Carani, McAndrews, Held & Malloy, Ltd., Chicago, IL

Written Materials:

2.1 Apple v. Samsung Design Patents Take Center Stage?


2:00 p.m.–3:30 p.m.

Swimming with the Sharks: Tools to Analyze Risk and Obtain Your Optimum Settlement or Verdict (CLE)

Jury research does not predict outcome. The true benefit of these exercises is in understanding how and why decisions are made. These findings then inform case strategy. This program showcases tools to analyze risk and to obtain an optimum evaluation to direct parties to settlement or verdict.

Moderator: Mike Cobo, DecisionQuest, Torrance, CA

Speakers: Wendy Fleishman, Lieff Cabraser Heimann & Bernstein, LLP , New York, NY; Hon. William A. Fletcher, United States court of Appeals for the Ninth Circuit, San Francisco, CA; Joel H. Smith, Bowman and Brooke LLP, Columbia, SC

Written Materials:

3.1. Powerful Trial Presentation


3:45 p.m.–5:15 p.m.

Acting Professionally: A Dramatic Guided Tour to the Perceptions of Law as a Profession as Shown in the Plays of William Shakespeare and How Ethical and Professional Conduct Will Improve Upon Those Perceptions (CLE/Ethics)

As many state bar organizations focus on professionalism concerns, this innovative program analyzes the public perception of lawyers using the plays of William Shakespeare as a lens and starting point. Panelists will lead a discussion of these perceptions based on the plays, the Model Rules of Professional Conduct, and various professionalism statements and aspirational ideals.

Moderator: Gregory Hanthorn, Jones Day, Atlanta, GA

Professional Actors: Laura Cole, The Atlanta Shakespeare Company, Atlanta, GA; Jeffrey Watkins, The Atlanta Shakespeare Company, Atlanta, GA

Speakers: Prof. Roberta K. Flowers, Stetson University College of Law, Gulfport, FL; Jorge Mestre, Rivero Mestre LLP, Miami, FL; Hon. Jon S. Tigar, U.S. District Court for the Northern District of California, San Francisco, CA; Richard Willis, Bowman and Brooke LLP, Columbia, SC

Written Materials:

4.1.  Acting Professionally: A Dramatic Guided Tour to the Perceptions of Law as a Profession as Shown in the Plays of William Shakespeare and How Ethical and Professional Conduct Will Improve Upon Those Perceptions


3:45 p.m.–5:15 p.m.

The All New Litigation Ethics Quiz Show 2013: Representing Corporations (CLE/Ethics)

In this highly interactive program, audience volunteers compete in a test of knowledge on thorny ethics issues facing lawyers who represent corporations. Aided by fresh video vignettes and all new ethical dilemmas, a panel of distinguished professional responsibility experts will argue conflicting sides. The contestants and audience will decide who's right.

Moderator: Kenneth Berman, Nutter McClennen & Fish, LLP, Boston, MA

Speakers: Cornell Boggs, Dow Corning Corporation, Midland, MI; Lawrence J. Fox, Drinker Biddle & Reath LLP, Philadelphia, PA; Prof. Deborah R. Rhode, Stanford Law School, Stanford, CA

Written Materials:

5.1.  Litigation Ethics: Representing Corporation and Other Organizational Clients


3:45 p.m.–5:15 p.m.

The Litigation-ization of Sports (CLE)

From the Olympics to professional league play to college fields, sports dramas are increasingly playing out in courtrooms and arbitral chambers across the country and around the world. This panel considers the "litigation-ization" of sports disputes, from the perspective of judge, Olympic arbitrator, player/athlete, advocate, team and league.

Moderator: Hannah Gordon, San Francisco 49ers, Santa Clara, CA

Speakers: Christopher Campbell, Fairfax, CA; David G. Feher, Winston & Strawn LLP, New York, NY; Timothy Herman, Howry, Breen & Herman, LLP, Austin, TX

Written Materials:

6.1 Litigation-ization of Sports


Friday, August 9, 2013

8:30 a.m.–10:00 a.m.

Silicon Valley GC’s Give the Real Deal: A Candid Discussion About Best Practices, Value and Silicon Valley (CLE)

This panel conversation is intended to bring together high-profile Silicon Valley GC's to give the real deal on any number of topics—including privacy law issues, unique high-tech law issues, emerging trends in Silicon Valley relative to in-house and outside counsel relations—and provide an overview of what they think best practices are. Likewise, the panel will discuss what law departments and outside counsel are actually doing to demonstrate and prove more value. Finally, the panel will provide anecdotes to empower both in-house and outside counsel to implement tools to enhance their practice and success.

Moderator: C. Bradley Vynalek, Quarles & Brady LLP, Phoenix, AZ

Speakers: Alexa King, FireEye, Milpitas, CA; Cheree McAlpine, Vice President and General Counsel, Avent, San Francisco, CA; Erika Rottenberg, General Counsel and Secretary, LinkedIn, San Francisco, CA; Debra Zumwalt, Vice President and General Counsel, Stanford University, Stanford, CA

Written Materials:

7.1 Silicon Valley GC’s Give the Real Deal

7.2 How to Migrate from Traditional Billing to Alternative Fees

7.3 The 2011 ACC Census: It's All About You


8:30 a.m.–10:00 a.m.

International Arbitration Advocacy: Hidden Challenges and Opportunities for U.S. Litigators (CLE)

A fast-growing area of dispute resolution, international arbitration presents unique challenges and opportunities for U.S. litigators. This program will help orient U.S. attorneys to major issues they need to be aware of in international arbitration and how it differs from U.S. civil proceedings, particularly with regard to successful advocacy styles and strategies.

Moderator: Ekwan E. Rhow, Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, P.C., Los Angeles, CA

Speakers: Carolyn B. Lamm, White & Case LLP, Washington, D.C.; Lawrence S. Schaner, Jenner & Block LLP, Chicago, IL

Written Materials:

8.1.  When to Arbitrate Rather than Litigate


10:30 a.m.–12:00 p.m.

CLE Showcase Program: Elusive Equality: When Will Women Achieve Pay Parity? (CLE)

This program will examine the historical backdrop of the Equal Pay Act, the case law interpreting that act, and its enforcement by government agencies and private litigants over the past 50 years. Panelists also will analyze what future steps will strengthen the Equal Pay Act and finally realize the congressional goal of achieving pay equity for women. The panel will also discuss what steps the Presidential Gender Equity Task Force is taking to ensure the elimination of the long-standing pay disparity between male and female lawyers. Cosponsored by: ABA Commission on Women in the Profession, ABA Gender Equity Task Force, ABA Section of Individual Rights and Responsibilities

Moderator: Roberta Liebenberg, Chair of the ABA Gender Equity Task Force, Fine Kaplan & Black, Philadelphia, PA

Speakers: Patricia K. Gillette, Member, ABA Commission on Women, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA; Marcia Greenberger, Founder and Co-President of the National Women’s Law; Center, Washington, D.C.; Stephanie Scharf, Former President of National Association for Women Lawyers, Scharf Banks Marmor LLC, Chicago, IL; Christina M. Tchen (invited), Chief of Staff, Office of the First Lady, Washington, D.C.

Written Materials:

9.1.  Equal Pay: It’s About Time


Saturday, August 10, 2013

8:30 a.m.–10:00 a.m.

Hot Topics in Energy and Environmental Law (CLE)

The domestic energy sector is undergoing fundamental changes, driven in part by economics, climate change, and new environmental regulations. This panel will analyze various facets of these changes in the oil and gas sector and the electric utility sector including fracking and horizontal drilling, water resources, and air emissions and electric reliability.

Speakers: Valerie Green, Dentons, Washington, D.C.; Nash E. Long, Hunton & Williams LLP, Charlotte, NC; Karilee Ramaley, In House Counsel, Salt River Project, Tempe, AZ; Kathy Robb, Hunton & Williams LLP, New York, NY; Robert A. Stout Jr., Whiteman Osterman & Hanna LLP, Albany, NY; Paul R. Tourangeau, DCP Midstream, Denver, CO

Written Materials:

10.1. Natural Gas Development, Including Hydraulic Fracturing (“Fracking”) and Horizontal Drilling

10.2. Coal Plant Retirements and Electric System Reliability


8:30 a.m.–10:00 a.m.

Tweeting Won’t Make You a Twit: Effective Twitter Marketing and Networking for Lawyers (CLE)

Learn to compose tweets, gain followers, and use lists. We will discuss the most effective ways that lawyers can use Twitter to collect information to inform and develop your practice. If you’re not on Twitter yet, let us help you open an account during the program as we learn to navigate the Twitterverse.

Moderator: Danielle M. Panetta, Goodwin Procter LLP, Boston, MA

Speakers: Jessica Johnson, The Rainmaker Institute, Gilbert, AZ; Elie Mysta, Abovethelaw.com, New York, NY; Courtney E. Ward-Reichard, Nilan Johnson Lewis, P.A., Minneapolis, MN

Written Materials:

11. Tweeting Won’t Make You a Twit: Effective Use of Twitter for Lawyers


8:30 a.m.–10:00 a.m.

Blowing the Whistle Under Dodd Frank—An Update (CLE)

As part of the Dodd-Frank legislation, the SEC created a whistleblower program that has already profoundly impacted public companies and the legal and other professionals who represent them. This program will examine those impacts from a variety of perspectives, including the perspectives of the SEC, the accounting profession, in-house counsel, outside counsel, and counsel who represent plaintiffs in connection with making whistleblower claims under the new policy.

Moderator: Troy Paredes, SEC Commissioner, Washington, D.C.

Speakers: Gary Aguirre, Aguirre Law, APC, San Diego, CA; Ernest Dixon, Navigant, Phoenix, AZ; Linda Drucker, Associate General at Charles Schwab & Co.; Nick Morgan, DLA Piper, Los Angeles, CA; Michele Wein Layne, SEC Regional Director, Los Angeles, CA

Written Materials:

12.1. The Corporate Governance Advisor


2:00 p.m.–3:30 p.m.

The Good, the Bad, and the Ugly: Ethical Issues in Class-Action Settlements (CLE/Ethics)

When class actions settle, lawyers need practical ethics guidance: How can they avoid conflicts and recover fees? Should awards to nonprofits be favored or discouraged? What role do objectors play? Can securities investors be solicited to opt out? Our panel gives answers from ethics doctrine, Rule 23, and the courts.

Moderator: Margaret Lyle, Jones Day, Dallas, TX

Speakers: Elizabeth Cabraser, Lieff Cabraser Heimann & Bernstein, LLP, San Francisco, CA; Lynda Grant, The Grant Law Firm, PLLC, New York, NY; Morris A. Ratner, UC Hastings College of the Law, San Francisco, CA; Lawrence Schonbrun, Berkeley, CA

Written Materials:

13.1.  The Objection


2:00 p.m.–3:30 p.m.

Campus Colors: Race-Conscious Diversity Efforts in Higher Education after Fisher vs. UT Austin (CLE)

This panel will provide a critical assessment of the U.S. Supreme Court's decision in Fisher v. University of Texas at Austin and its implications for the consideration of race in admissions. Does the U.S. Constitution allow colleges and universities to consider race to enhance the classroom and campus experience for tomorrow's leaders? How does the case reveal deep conflicts among members of the Court about society's progress toward racial equality? How do these conflicts reflect societal tensions between "merit" and the value of diversity?

Speakers: Damon Hewitt, NAACP, Legal Defense Educational Fund, Inc., New York, NY; Bill Lann Lee, Lewis Feinberg Lee Renaker & Jackson, P.C., Oakland, CA; Patricia Ohlendorf, University of Texas, Austin, TX

Written Materials:

14.1 Campus Colors: Race-Conscious Diversity Efforts in Higher Education after Fisher vs. UT Austin


2:00 p.m.–3:30 p.m.

Social Media Evidence—How to Find It and How to Use It (CLE/Ethics)

The program will focus on how to discover social media evidence, both formally and informally, and how to use such evidence in litigation. The panel will also cover trends and address privacy concerns and ethical considerations regarding discovering evidence from social networking websites, conducting social media research on jurors, social media communications with a represented party, and social media communications with witnesses.

Moderators: Gary L. Beaver, Nexsen Pruet, LLC, Greensboro, NC; Mark A. Romance, Richman Greer, Miami, FL

Speakers: Steven Brower, Buchalter Nemer, Irvine, CA; Amy Longo, O’Melveny & Myers LLP, Los Angeles, CA; Cecil A. Lynn III, Littler Mendelson P.C., Phoenix, AZ; Usama Kahf, O'Melveny & Myers LLP, Los Angeles, CA

Written Materials:

15.1. Social Media Evidence—How to Find It and How to Use It
15.2. Social Media Evidence—How to Find It and How to Use It (PowerPoint)


3:30 p.m.–5:15 p.m.

We Just Got Bit in the Gigabyte! What Do We Tell Our Insurers? (CLE)

This program will focus on the steps companies should take after a computer data breach. Using video segments, the panelists will discuss legal issues relating to a data breach, which include the public relations issues faced by such companies, the availability of insurance coverage for costs spent, and damages incurred, as a result of the breach, and other legal issues with which in-house or outside counsel should be familiar.

Moderator: Louis A. Chiafullo, McCarter & English, LLP, Newark, NJ

Speakers: Angela Elbert, Gerber & Eisenberg LLP, Chicago, IL; Theodore Howard, Wiley Rein LLP, Washington, D.C.; Drema Kalajian, Ally Commercial Finance, Detroit, MI

Written Materials:

16.1. We Just Got Bit in the Gigabyte! What Do We Tell Our Insurers?


3:30 p.m.–5:15 p.m.

The Roberts Court: Year Six, Voting Rights, DOMA, and More (CLE)

Our all-star panel of professors return to reprise the Supreme Court's 2012–2013 term. As this panel has been for the past six years, Professors Greene, Karlan, and Starr will be as insightful as they are informative in breaking down the key cases decided by the Court. Be prepared to learn and to enjoy the great wit of our richly-talented and knowledgeable panel.

Moderator: John M. Barkett, Shook, Hardy & Bacon, L.L.P., Miami FL

Speakers: Prof. Pamela Karlan, Stanford Law School, Stanford, CA; Prof. Jamal Greene, Columbia Law School, New York, NY; Vikram Amar, UC Davis School of Law, Davis, CA

Written Materials:

17.1 The Roberts Court


Sunday, August 11, 2013

8:30 a.m.–10:00 a.m.

The Effective Presentation of Damages in Litigation (CLE)

The presentation will provide a unique comparison and contrast regarding the presentation of damages in various venues—trial litigation, traditional arbitration, international arbitration, mediation and other forms of dispute resolution. This panel will provide an excellent comparison of common consideration, details regarding unique considerations, and the pros and cons of venue and technique for the presentation of damages. Last, receive practical guidance for litigators, arbitrators and mediators on how best to utilize experts in arbitrations including early use of experts, experts appointed by the arbitrator, informal meetings between the experts, and other developing techniques to narrow the areas of difference between the party and provide for greater opportunities to resolve disputes.

Moderator: Samuel E. McCargo, Lewis & Mundy, PC, Detroit, MI

Speakers: Marisa K Perry, Jenner & Block LLP, New York, NY; Doug Shontz, RAND, Arlington, VA; Neil Steinkamp, Stout Risius Ross, Inc., New York, NY; Dan Tan, Dan Tan P.C., New York, NY

Written Materials:

18.1 CPR Protocol on Determination of Damages in Arbitration
18.2 The Presentation of Damages in Arbitration
18.3 RAND Institute for Civil Justice


8:30 a.m.–10:00 a.m.

Preparing for the Inevitable—What Every In-House Counsel Should Know About Minimizing Risks Associated With a Data Breach (CLE)

According to a recent study, 90 percent of organizations have suffered a data breach, and the average cost associated with a breach is $7.2 million. This panel will use an interactive approach to highlight the compliance risks associated with a data breach. How do you know which laws apply? What do regulators expect to see in a breach response? When and how do you involve law enforcement? How do you minimize litigation risks? What preservation issues may arise? Learn how this panel of different breach stakeholders typically addresses these issues and others that arise from a typical data breach.

Moderator: Linda Clark, Reed Elsevier, Boca Raton, FL

Speakers: Hadley Etienne, Federal Bureau of Investigation, Cyber Crime Division, Manassas, VA; Travis LeBlanc, California Office of the Attorney General, Sacramento, CA; Alfred Saikali, Shook Hardy & Bacon L.L.P., Miami, FL; Eva Velasquez, Identity Theft Resource Center, San Diego, CA

Written Materials:

19.1 Preparing for the Inevitable: What Every Company Should Know About Data Breaches


8:30 a.m.–10:00 a.m.

CLE Showcase Program: Lessons in Leadership from the Civil Rights Movement (CLE)

National leaders from the civil rights movement and prominent civil rights attorneys will come together to discuss their personal experiences during milestone events of the '50s and '60s, as well as examine the role that lawyers played in the struggle for civil rights for African Americans and the impact the Movement has had on all racial ethnicities, women, members of GLBTQ groups and more.

Moderator: Hon. Bernice B. Donald, U.S. Circuit Court of Appeals for the Sixth Circuit, Memphis, TN

Speakers: Barbara R. Arnwine, Executive Director for the Lawyers’ Committee for Civil Rights Under Law, Washington, D.C.; Dr. Terrence J. Roberts, one of the Little Rock Nine and CEO of Terrence J. Roberts & Associates, Pasadena, CA; Bryan Stevenson, Founder and Executive Director of the Equal Justice Initiative, Montgomery, AL

Written Materials:

20.1 Lessons in Leadership from the Civil Rights Movement

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