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ABA Section of Litigation
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Guantanamo Bay: Human Rights Violation or Necessary Response?

What are the issues surrounding Guantanamo Bay, including habeus corpus and 2006 legislation regarding aliens in the custody of the United States? Listen in to this panel discussion, with commentary from Thomas P. Sullivan (Jenner & Block), Thomas B. Wilner (Shearman & Sterling), and Julia Tarver Mason (Paul, Weiss). Moderated by Ronald L. Marmer (Jenner & Block).
MP3 DOWNLOAD (34 MB) MP3

 

The Roberts Court: Year One

What impact has John G. Roberts effected in his first year as Chief Justice of the United States? Learn more in this presentation by Geoffrey R. Stone, currently the Harry Kalven, Jr. Distinguished Service Professor of Law at the University of Chicago.
MP3 DOWNLOAD (30 MB) MP3

 

Hot Issues in Earnings Management

At what point does the legitimate exercise of managerial discretion cross the line to become intentional misrepresentation of a public company’s financial condition? Our expert panelists will examine recent enforcement proceedings premised on prevalent forms of earnings management, including creative acquisition accounting, “cookie jar” reserves, premature revenue recognition, the use of side agreements and special purpose entities.
MP3 DOWNLOAD (29 MB) MP3

 

Might + Right: Partnering Big and Small Firms for Diversity

Corporations are asking their firms to provide comprehensive representation while achieving diversity goals. Partnerships between minority-owned firms and large firms are one solution. Listen in as our panel discusses the pros and cons of this approach, for both corporations and their counsel.
MP3 DOWNLOAD (10 MB) MP3

 

Looking Beyond the Pleadings in Class Action Certification Motions

To what extent can and should a court probe beyond the pleadings when deciding a motion for class certification? Though the controversy has raged for years, no clear answer has emerged. The panel explores the controversy and provides potential strategies for use by plaintiffs and the defense.
MP3 DOWNLOAD (12 MB) MP3

 

Responding to an Antitrust Complaint

Prepare for Rule 12 motions in international antitrust matters with this complimentary audio program. The panel discusses Empragran, jurisdiction, and service of process issues.
MP3 DOWNLOAD (11 MB) MP3

 

Sarbanes-Oxley Update: Update on Recent Decisions

Learn how SOX has affected human resources and employment litigation, whistle-blower cases, and DOL administrative hearing practices.
MP3 DOWNLOAD (14 MB) MP3

 

Surviving the Email Avalanche

Take control over your inbox with this free presentation from the Section of Litigation. Get recommendations on topics from organizing and reviewing e-mails to finding management technology to guard against the crushing volume of messages, including how all of these issues and solutions affect case management. Sponsoring Committee: Technology for the Litigator.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (12 MB) MP3

 

Supreme Court Review: Professor Erwin Chemerinsky

Professor Erwin Chemerinsky, one of the nation's leading experts on the Supreme Court, gave a presentation to Section of Litigation members in October 2005. In his talk, he reviewed the most recent Supreme Court term and discussed the implications of the impending change in membership on the Court. Listen to Professor Chemerinsky's presentation and his responses to audience questions.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (34.9 MB) MP3

 

Pleading and Proving Loss Causation post-Dura Pharmaceuticals

Analysis of the Dura Pharmaceuticals decision on loss causation in securities class actions as it affects pleading, summary judgment and damages, addressed from the perspectives of both plaintiff and defendant. Sponsoring Committee: Securities Litigation.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (12.5 MB) MP3

 

Trumpeting Your Case to Victory

Given the trend of resolving complex cases on dispotive motions and the use of ADR neutrals, compelling oral argument is critical for winning cases before trial, in appellate courts, and ADR panels. The faculty present key tips and strategies for preparing for and presenting the best, most persuasive, and most successful oral arguments before these audiences. Sponsoring Committee: Appellate Practice.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (9.4 MB) MP3

 

The Use of Private Investigators in Civil Cases

Most lawyers use discovery as the sole means to get the evidence they need to win civil cases. But discovery is often time-consuming and expensive. More and more often, smart civil lawyers are turning to private investigators to provide a quick and cost-effective solution to gathering evidence.
 

Electronic Discovery: Litigation's Newest Pressure Point

Preparation for e-discovery doesn't start when the lawsuit "hits the door." Pressure is there immediately from your own client, your opponent, and the courts. How do you handle the pressure? By being prepared and ready to take action. In this audio program, our panel of experts will take you through the legal principles and practical guidelines you need to know to deal with e-discovery. Related book: Discovery Problems and Their Solutions.
 

How to Arbitrate a Class Action–or Not

One of the most controversial class action issues today is whether arbitration clauses in consumer and employment agreements should preclude class actions.
 

The Supreme Court's Decisions in Booker and Fanfan

On January 13, 2005, the Supreme Court decided the constitutional validity and the future of the federal sentencing guidelines. Immediately, there were questions and prognostications of what the ramifications of the decisions would be.
 

Joint and Several Issues at Trial: Examples from Water Intrusion Case

A number of significant cases, DOJ and SEC policies, and federal guidelines (U.S. Sentencing Guidelines) have changed the use, desirability, and enforceability of joint-defense agreements. In the face of growing judicial and legislative hostility to the protections provided by the attorney-client privilege and work-product doctrine, this audio program identifies and discusses a number of significant cases that have changed the structure, use, desirability, and enforcement of joint-defense agreements.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (34 MB) MP3

 

Fighting the Trade Secret Wars

Using a hypothetical situation, a panel of experts in trade secret litigation examine strategies for prosecuting and defending trade secret misappropriation claims and provide tips on how to avoid common pitfalls.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (35 MB) MP3

 

Electronic Evidence: Getting It, Producing It, Using It At Trial

This program will examine the collection, production and use of electronic evidence in litigation. First, the program will discuss the collection of electronic evidence, including sources of electronic data, the obstacles and costs associated with doing so, and the best methods to do so. Related Book: Electronic Evidence: Law and Practice.
 

Spoliation of Evidence: Expert Witnesses

We live in an era of spoliation. Parties long not so much for documentary evidence as for evidence that documents have been destroyed. That applies with emphasis in the expert witness arena. The questions this program addresses are whether expert materials such as notes made by the expert, notes made by the lawyer of his discussions with the expert, drafts of expert reports, and communications between the expert and the lawyer are discoverable.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (3.5 MB) MP3

 

Operating a Company in the Vicinity of Insolvency 2004 Update

Courts are holding that directors’ fiduciary duties shift from shareholders to creditors as a company nears insolvency. These shifted duties may expose directors and officers to personal liability for fraudulent transactions or insider preferences that occurred before insolvency. Directors and officers may now be liable for unreasonably risking assets, continuing to operate a company at a loss, or obtaining credit that cannot be repaid. Learn how to navigate through the changing rules of insolvency without risking exposure to liability.
REAL AUDIOReal Audio  |   MP3 DOWNLOAD (9.8 MB) MP3

 
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