2013 Corporate Counsel CLE Seminar Table of Contents

AMERICAN BAR ASSOCIATION
SECTION OF LITIGATION

2013 Corporate Counsel CLE Seminar
February 14 - 17, 2013
Westin Diplomat Resort & Spa
3555 S Ocean Dr
Hollywood, FL 33019-2844

COURSE MATERIALS

Thursday, February 14

Plenary: General Counsel Forum

What’s on GC's minds? A dynamic group of GCs convene to share insights about their greatest concerns and challenges and to exchange ideas and offer perspectives on advising their corporate clients, managing risks, controlling costs, and getting the most out of their relationships with outside counsel.

Moderator: Don Bivens
Speakers: Elisa D. Garcia, Jill Granat, Teresa Mosley Sebastian, Charles W. Sprague

Written Materials:

1.1 Cybersecurity for Attorneys:  Understanding the Ethical Obligations

1.2 Cybersecurity Is Top of Mind For General Counsel and Co. Directors

1.3 Cybersecurity Legal Task Force:  Resolution and Report to the ABA Board of Governors

 1.4 Hot Topics and Recent Court Decisions on E-Discovery

1.5 Crisis communications:  What to Say When Media Come Knocking



Friday, February 15

Plenary: Today’s Jury Pool – The Impact of Generation Y and the Social Media Revolution

Members of Generation Y continue to have an increasing presence in jury pools throughout the country. This panel of experienced trial lawyers and a jury consultant will discuss Generation Y’s sociological make-up, the impact of social media, behavioral data from recent studies, and trial strategies targeted specifically to this demographic.

Moderator: Jason Eckerly
Speakers: Philip K. Anthony, B.J. Bernstein, Chantelle Roberson, Michael L. Turner

Written Materials:

2.1 American Jurors in the 21st Century

2.2 Graphics Boot Camp – Three Fundamentals for (Much) Better Trial Strategy

2.3 How Jurors Really Think:  A Primer of Jury Physchology

 

Breakout: When Crises Arise: Best Practices for Managing Internal Investigations

This panel will provide important tools for managing internal investigations, including FCPA and anti-bribery investigations, by walking through essential steps: preliminary assessment; securing evidence; defining the scope; preserving attorney-client privilege and related protections; coordinating resources; handling whistleblower and public relations issues; and ensuring proper reporting and resolution.

Moderator: Brigida Benitez
Speakers: Celeste A. Lipworth, Donna Norman, Marlon Paz, Louis Ramos

Written Materials:

3.1 Best Practices for Internal Investigations

PowerPoint Presentation

 

Breakout: Reducing Ethical Risks: Strong Corporate Compliance Programs

In 2011, a distinguished advisory panel assessed the impact of Federal Sentencing Guidelines for Organizations and made recommendations regarding credit for serious compliance/ethics efforts. Panelists will discuss the recommendations; the development of strong corporate compliance programs; and how to reduce ethics risks in an innovative multi-media format.

Moderator: Hon. Ruben Castillo
Speakers: Nancy McCready Higgins, Daniel R. Roach, Win Swenson, Philip S. Wellman

Written Materials:

4.1 Ethical Issues You Need to Know for Internal Corporate Compliance Programs

4.2 The Federal Sentencing Guidelines for Organizations at Twenty Years (Long Version)

4.3 The Federal Sentencing Guidelines for Organizations at Twenty Years (Short Version)

PowerPoint Presentation

 

Breakout: Insurance: What In-House Counsel Should Know But May Not

This lively panel discussion, using contemporary news and video, addresses key commercial insurance topics, including common mistakes made by in-house counsel (and their outside counsel advisors) and how to avoid them. Insight is offered on bridging the interests of the CFO or Risk Manager (the insurance purchasers) and the GC’s office (often the insurance user).

Moderator: Matthew J. Schlesinger
Speakers: Robert P. Jacobs, Howard Lindenberg, Kimberly M. Melvin, Robbyn S. Reichman

Written Materials:

5.1 It’s Three A.M. – Do You Know What Your Insurance Is?

PowerPoint Presentation

Plenary: Sex, Lies, and Backup Tape: Litigating a Spoliation Claim American Idol Style!

In a major suit, when potential evidence on a backup tape goes unproduced, what must the company do? This mock argument on a spoliation claim will address sampling, evidence retrieval, and related issues, while the audience and some sophisticated polling technology help the judge make the right decision.

Moderator: Anne Kershaw
Speakers: Hon. James C. Francis, Dawson Horn, Sonya Kwon

Written Materials:

6.1 Minimizing the E-Discovery Spend:  Leveraging Technology with Better Lawyering

PowerPoint Presentation

Breakout: In the Boardroom: Assessing the Latest Trends in Corporate Governance Litigation and What It Means for Your Client’s Senior Management Team

Geared to corporate and outside counsel, this program will discuss the latest trends in corporate governance law and practice. Our panel will focus on new cases impacting officer and director liability, new strategies being employed by plaintiff and defense counsel in corporate governance litigation, and practical advice on best practices.

Moderator: Koji F. Fukumura
Speakers: Mark Darrell, John F. Grossbauer, Lynn S. McCreary, Juan E. Monteverde

Written Materials:

7.1 Battling for Say-on-Pay Transparency

7.2 Update On Corporate Governance Litigation:  M&A and Proxy Strike Suits

 

Breakout: Legal Outsourcing: Farming Out Work Without Reaping Ethical Problems

With ethical considerations at the fore, this panel explores the ins and outs of legal outsourcing, including projects where outsourcing is valuable and whether outsourcing can put smaller firms on equal footing to compete for large document-intensive cases.

Moderator: Merrick L. Gross
Speakers: Elizabeth S. Fenton, Larry J. Fox, Stuart M. Kreinder, Al J. Park

Written Materials:

8.1 Legal Outsourcing: Farming Out Work Without Reaping Ethical Problems

PowerPoint Presentation

Saturday, February 16

Plenary: What’s Wrong with Arbitration: Navigating Ethical Dilemmas in the ADR Process

These dynamic panelists will take a no-holds-barred look at the broad range of ethical issues involving arbitrator appointment and umpire selection, as well as many ethical issues that may arise during a U.S. or U.K. arbitration.

Moderator: John H. Mathias Jr.
Speakers: Hon. Ruben Castillo, Joanne M. Howell, Susan A. Stone

Written Materials:

9.1 What’s Wrong with Arbitration?

9.2 Arbitrator Impartiality In the Context of a Tripartite Tribunal

PowerPont Presentation

 

Breakout: The Uncertain Arena: Defending Against Claims for Damages and Injunctive Relief in the Unpredictable World of IP Litigation

Threats of injunctions or large damages awards in intellectual property cases can be powerful weapons. This program will address remedies in IP cases, including developments in the law of damages and in standards for injunctive relief.

Moderator: Michelle M. Umberger
Speakers: Kristin Chapman, Ronald T. Coleman, F. Nikki Davis, Mohan Rao

Written Materials:

10.1 The Uncertain Arena: Defending Against Claims for Damages
and Injunctive Relief in the Unpredictable World of IP Litigation

PowerPoint Presentation

Breakout: The ABCs of Social Media for Corporate Counsel
Social media has introduced unintended (and potentially liability-creating) consequences into the workplace. This panel will examine policies every corporation should consider to address social media use by the company and its employees, including ethical pitfalls lawyers must avoid.

Moderator: Paula Hinton
Speakers: Amor A. Esteban, Jaimala K. Pai, Erika Royal

Written Materials:

11.1 The ABC's of Social Media For Corporate Counsel

 

Breakout: Taking the High Road: How to Deal Ethically With Bullies Who Don’t Play by the Rules

When opponents use tactics that defy ethical or procedural rules, what should the smart ethical lawyer do? In this game show program, learn how to handle adversaries who contact clients without your knowledge, file deceptive briefs and frivolous motions, use abusive language, and pursue similar unseemly practices.

Moderator: Francine Friedman Griesing
Speakers: Hon. Joseph A. Greenaway Jr., Bacardi L. Jackson, Sara Soto

Written Materials:

12. 1 Taking the High Road: How to Deal Ethically with Bullies Who Don’t Play by the Rules

PowerPoint Presentation 

 

Plenary: Courageous Counsel: Advice and Insights from Diverse Counsel About Paths to Legal and Business Leadership

Inspired by the book Courageous Counsel: Conversations with Women General Counsel in the Fortune 500 by Kara Sophia Baysinger and Michele Coleman Mayes, attorneys fromdiverse backgrounds tell about their inspiring paths to leadership in the legal and businessworld. The program will enlighten both in-house and outside counsel on ways to improvetheir organizations through increased diversity efforts.

Moderator: Beatrice O’Donnell
Speakers: Don Chavez, Michele Coleman Mayes, Adrienne Logan, Emily A. Parker

Written Materials:

13.1 Courageous Counsel: Advice and Insights From General Counsel About Paths to Legal and Business Leadership

 

Sunday, February 17

Plenary: Litigation Management Roundtable

Is your outside counsel properly staffing the case? Do you agree with the cost-benefit decisions of your in-house contact? This animated roundtable format allows attendees to participate in a candid exchange among in-house and outside counsel about litigation management, inside/outside relationships, managing expenses, and better serving the client.

Moderator: Tracey Salmon-Smith
Speakers: Sally Davis, Joseph D. Heyd, Jason Groves, Martin L. Schmelkin, Anthony N. Upshaw, James W. Vitrano

Written Materials:

14.1 Maintaining Friendships Between In-House and Outside Counsel

14.2 Do unto others …. Successfully Navigating the In-house Counsel/Outside Counsel Relationship

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