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
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.
1.1 Cybersecurity for Attorneys: Understanding the Ethical Obligations
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.
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.
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.
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)
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).
5.1 It’s Three A.M. – Do You Know What Your Insurance Is?
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.
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.
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.
8.1 Legal Outsourcing: Farming Out Work Without Reaping Ethical Problems
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.
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.
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.
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.
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.
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.