2013

MINDING THE POLE—NEW ATTORNEY PROFESSIONALISM AND ETHICS GUIDANCE FROM THE FIELD

Presented by the Ethics & Professionalism Committees Wednesday, May 15, 2013, at 1:30–2:30 p.m. Eastern
The paradigm of the new practice of law has one foot in traditional routines and one foot in unfamiliar waters. This program will share the observations of a senior trial judge and law firm managing partner on the trends and pitfalls they see for young and new attorneys. From finding your pole in an outside mentor to staying focused on delivering quality service in an ever-demanding marketplace, these seasoned professionals will offer insight gained from their journeys.

FIFTH CIRCUIT BANKRUPTCY JUDGES DISCUSS RESTRUCTURING HOT TOPICS

Presented by the Bankruptcy and Insolvency Committee

Tuesday, May 14, 2013, at 1:30–2:30 p.m. Eastern

Three highly esteemed Fifth Circuit bankruptcy judges will discuss timely restructuring hot topics. The Honorable Harlin D. Hale, the Honorable Barbara J. Houser (Chief Judge) and the Honorable Stacey G. C. Jernigan of the United States Bankruptcy Court for the Northern District of Texas will discuss their views regarding make-whole premiums and plan confirmation issues—for example, artificial impairment, cramdown interest rates, and the absolute priority rule.

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YES—LAWYERS CAN DO TECH!

Presented by the Woman Advocate Committee

Tuesday, May 14, 2013, at 12:00–1:00 p.m. Eastern
Lawyers have a rap for being technology phobic—yet in today’s world, the lawyers who succeed will be the lawyers who use technology to be better, faster, smarter and more agile. In truth, avoiding technology could hold you back in your career, especially for litigators. Technology is everywhere and it’s not going away, so we need to get over it. Submit your top 3 tech questions or frustrations and join data management experts (and attorneys) to learn some tips for overcoming technology fears and frustrations, so you too can learn what you need to know to impress your clients and build your practice.

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CAREER DEVELOPMENT 101: PRACTICAL ADVICE FOR ESTABLISHING A NETWORK AND FINDING AN ADVOCATE FOR YOUR ADVANCEMENT

Presented by the Products Liability Committee and Cosponsored by the Young Advocates Committee

Tuesday, May 7, 2013, at 3:00–4:00 p.m. Eastern
Young lawyers today face various challenges as they work to further their careers. These challenges include establishing and expanding a network and finding a good advocate who will help advance the lawyer’s career. How can young lawyers turn these challenges into opportunities? What are some ways young lawyers can establish and build a network? How should litigators identify and choose an advocate? What is the difference between a mentor and an advocate, and why is it important to have both? Join the Products Liability Young Lawyers Subcommittee and the Section of Litigation Young Advocates Committee as we discuss these issues and share practical advice.

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REPRESENTING CLIENTS WITH MENTAL HEALTH ISSUES - A PRIMER - EOIR’S NEW MENTAL HEALTH RULES

Presented by the Immigration Litigation Committee

Thursday, April 18, 2013, at 12:00–1:00 p.m. Eastern
Please join distinguished panelists Liz McGrail, legal director of the CAIR Coalition in Washington, D.C., and Stephen Dekovich, Equal Justice Works Fellow and staff attorney at the CAIR Coalition in Washington, D.C., for a discussion on Representing Clients with Mental Health Issues - A Primer - EOIR's New Mental Health Rules, moderated by Immigration Litigation Committee Cochair Dree Collopy, partner at Benach Ragland LLP in Washington, DC. Topics will include the following: Safeguards and Matter of M-A-M Issue of Competency Ethical Considerations Detention Standards, including how they apply and how they have been implemented.

WHAT’S SO SPECIAL ABOUT AN INTERNATIONAL DISPUTE? TOP TEN TRAPS, TRICKS AND TIPS FOR THE CURIOUS PRACTITIONER

Presented by the International Committee

Wednesday, April 17, 2013, at 1:30–2:30 p.m. Eastern
As U.S. court disputes become increasingly international, we are often faced with unfamiliar challenges. This applies equally to young attorneys or experienced litigators encountering their first international case or representing their first international client. This roundtable, presented by C. Ryan Reetz of DLA Piper LLP, will focus on best practices and common pitfalls when faced with international disputes.

BIOPHARMACEUTICALS AND PRODUCTS LIABILITY LITIGATION

Presented by the Products Liability Committee

Wednesday, April 17, 2013, at 1:30–2:30 p.m. Eastern
Biopharmaceuticals are expected to be the fastest growing segment of the pharmaceutical industry over the next several years and are currently responsible for billions of dollars in annual sales. The biopharmaceutical pipeline includes over 350 therapeutic antibodies and other protein products in clinical trials, with hundreds of other biologics in early phases of development. This roundtable will provide background on the nature of biologics and how they differ from small molecule therapeutics, the types of drugs most products lawyers have litigated to date. This roundtable will also discuss recent developments stemming from the 2010 Affordable Care Act which provided an abbreviated approval pathway for “biosimilar” drugs in the U.S. Finally, unique product liability issues in this emerging area of law will be identified and addressed.

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THE CPSC’S PUBLICLY SEARCHABLE DATABASE

Presented By: Products Liability Committee

Thursday, April 11, 2013 at 12:00–1:00 p.m. Eastern
The Consumer Product Safety Improvement Act of 2008 (CPSIA) required the Consumer Product Safety Commission (CPSC) to create a publicly searchable database to allow consumers to search for safety information about products before or after purchasing them, and to help the commission in identifying potential hazards. The database went live in March 2011. Since then, thousands of reports have poured in, been responded to, and been published. There has also been significant "Company Doe" litigation to prevent a particular report from being published, implicating two interesting and intertwined issues: judicial challenges to the publication of reports in the commission’s database and the ability of manufacturers to seal court files and remain anonymous in the process. This roundtable will discuss the origin and workings of the database, the Company Doe litigation and future concerns with the database. The roundtable features former CPSC general counsel Cheryl Falvey and attorney Scott Michelman of the Public Citizen Litigation Group, one of the intervening parties in the Company Doe litigation. The roundtable will be moderated by Josh Johanningmeier.

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DOMA: THE STATUE OF THE SAME-SEX MARRIAGE LITIGATION NATIONWIDE

Presented by the Family Law Committee

Monday, April 8, 2013, at 1:30–2:30 p.m. Eastern
The program is designed to provide the practitioner with a overview of the Federal Defense of Marriage Act (“DOMA”) and various similar state statutes, a background and the current status of the litigation challenging DOMA and a tutorial of the constitutional arguments on both sides of the litigation. We will also discuss issues practitioners are facing representing clients in anticipation of the DOMA decisions.

THE SUPREME COURT’S FIRST DECISION ON THE CLASS ACTION FAIRNESS ACT: STANDARD FIRE INS. CO. V. KNOWLES

Presented by the Class Action and Derivative Suits; Mass Torts, Appellate Practice; Commercial and Business Litigation and The Business Torts Committees

Thursday, April 4, 2013, at 12:00–1:00 p.m. Eastern
The Supreme Court has issued its first decision interpreting the Class Action Fairness Act (CAFA). In a unanimous decision, the Court held that, prior to certification, a named plaintiff’s stipulation that the putative class would not seek more than $5 million did not defeat jurisdiction under CAFA. Come learn from what the decision means for plaintiffs and defendants litigating class actions, including from authors of the forthcoming book by the Litigation Section on CAFA and a practitioner who was intricately involved with the case.

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DATA SECURITY AND PRIVACY: REGULATION, LITIGATION, AND INSURANCE DEVELOPMENTS AND TRENDSs

Presented by the Consumer Litigation Committee and cosponsored by Insurance Coverage Litigation Committee and the Class Action & Derivative Suits Committee

Thursday, April 4, 2013 at 1:30–2:30 p.m. Eastern
With data security and consumer privacy issues on the constant rise, it is essential that corporate legal departments, risk managers, and outside counsel understand the risks faced, and prepare for and mitigate them. Donna L. Wilson, partner in the Los Angeles office of BuckleySandler LLP, will discuss the latest developments and trends in data security and privacy, including compliance requirements, regulatory enforcement, and litigation. Linda Kornfeld, a partner in the Los Angeles office of Jenner & Block LLP, will explain the types of insurance coverage available to protect against these risks, and the latest case law interpreting and applying these insurance policies.

THE USE OF TECHNOLOGY DURING OPENINGS AND SUMMATIONS

Presented by The Trial Practice Committee

Wednesday, March 27, 2013, at 12:00–1:00 p.m. Eastern
This roundtable will explore the use of technology during opening statements and summations. We will address what types of technology can be effective when addressing a jury and what types of technology should not be used. We will also talk about the types of cases where the use of technology can backfire. We will address the types of technology that are available as well as the relevant rules of evidence.

MOVING FROM THOUGHTLESS DATA HOARDING TO THOUGHTFUL DATA STATEGIES: WHATS THE ANSWER?

Presented by the Business Torts Committee and Co-Sponsored by the Corporate Counsel Committee

Thursday, March 21, 2013, at 1:30 p.m.–2:30 p.m. Eastern Clients, do you know what your law firm does with the data and documents it collected and created once the case is over or the engagement ends? Law firms, do you know what client data and documents you have and where they are? What steps can your organization take to make sure that dead legacy data and unmanaged live data do not become an uninsured liability? How do you dispose of useless data and documents that you have no legal obligation to keep without later being second-guessed by a litigant or a court? Join Anne Kershaw and Shannon Spangler for a discussion of the risks of over-retention, processes for defensible deletion of unneeded data, and the policies and procedures that can help your organization avoid these issues in the future.

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EVERYDAY ETHICS FROM SUPERHERO ATTORNEYS

Presented by the Business Torts Committee and Cosponsored by the Young Advocate Committee

Tuesday, March 19, 2013, at 1:00–1:50 p.m. Eastern
Even superhero attorneys need an occasional ethics refresher. Join "Law and the Multiverse" co-author James Daily as he discusses the legal ethics issues raised by superhero attorneys such as Matt Murdock (aka Daredevil) and Jennifer Walters (aka She-Hulk). Topics include client solicitation, the attorney-client privilege, conflicts of interest, and more.

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SELF DISCLOSURE OF FALSE CLAIMS ACT VIOLATIONS

Presented by the Health Law Committee

Wednesday, February 27, 2013, at 1:30 p.m.–2:30 pm Eastern One of the most important recommendations a healthcare lawyer can make is whether his or her client should self-disclose a potential False Claims Act violation to the government. Understandably, clients are often hesitant to volunteer information to the government before the government has initiated its own investigation. But there are distinct advantages, and obligations, associated with self-disclosure. This roundtable will include insights from a current Assistant U.S. Attorney and current Assistant Special Agent in Charge of Health and Human Services Office of Inspector General who investigate False Claims Act cases on a daily basis. We will explore the ins and outs of self-disclosure—the requirements, the procedures, the benefits, the expected results, and other topics related to self-disclosures.

IN-HOUSE COUNSEL AND BEYOND

Presented by the Young Advocates and Corporate Counsel Committees

Wednesday, February 27, 2013, at 3:00–4:00 p.m. Eastern Are you looking to secure an in-house position? Do you want to understand the differences, pros and cons of making the move? Are you already working in-house and seek to leverage this experience to obtain other positions within the organization? This roundtable will provide you with insights to: 1) decide if an in-house position is right for you and what position might fit your goals and needs; 2) identify and secure an in-house opportunity; 3) succeed in your current (or future) in-house position; and even 4) leverage your in-house experience to obtain higher roles within your organization. Register now to learn how to maximize your professional growth and potential with in-house opportunities.
Speakers: Nichelle Maynard-Elliott, Director of Mergers and Acquisitions, Praxair
Rana Wright, Partner, ReedSmith, Washington, D.C.
Dominique Bright-Wheeler, Assistant General Counsel, Financial Services, CapitalOne
Moderator: McCray S. Pettway, Esq., Senior Employment and Labor Counsel, American Water Works Service Company, Inc.

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CHILDREN'S RIGHTS

Presented by the Children's Rights Litigation Committee

Tuesday, February 26, 2013, at 1:30–2:30 p.m. Eastern Panelists will discuss the impact of increasing police presence in schools following the Newtown tragedy. How will police in schools impact school safety and how will it impact students, particularly youth of color? Panelists will also provide strategies for creating safe and supportive schools.

Moderator: Ronald Marmer, Former Chair of the American Bar Association, Section of Litigation

SAME-SEX MARRIAGE REACHES THE SUPREME COURT. A Preview of Windsor and Perry

Presented by the LGBT Litigator and Civil Rights Litigation Committees

Tuesday, February 26, 2013, at 1:30–2:30 pm Eastern On March 26 and 27, the U.S. Supreme Court will hear oral argument on two cases—United States v. Windsor and Hollingsworth v. Perry—that challenge the constitutionality of laws forbidding or discouraging same-sex marriage. What issues are raised by these cases? Is the Court likely to issue a sweeping decision on marriage equality or could it punt? This roundtable will provide a preview of what Court watchers can expect.

THIS TERM'S SUPREME COURT PROPERTY RIGHTS CASES

Presented by the Environmental Litigation and Condemnation, Zoning and Land Use Litigation Committees

Tuesday, February 26, 2013, at 12:00–1:00 p.m. Eastern For the first time since 2005, the U.S. Supreme Court has three property rights cases on its docket. One of them, Arkansas Game & Fish, regarding compensation for flooding, was decided in December. Another, Koontz, concerning the applicability of the Nollan and Dolan nexus tests, has been argued. The final case, Horne, a most unusual case about what might be described as raisin sequestration, is still on the sidelines. An expert panel -- two practitioners, a federal researcher, and a law professor, all extraordinarily conversant in the three cases -- will discuss what the claims are about, the outcome of the case already decided, and the probable outcomes in the two remaining cases, and what all lawyers who deal with any matters that may affect property rights need to know about them. This will be a not-to-miss, lively discussion that will not only get you up to speed, but put you out ahead of others when it comes to this especially important term.

Moderator: Dwight Merriam, Robinson & Cole, Hartford
CTPanelists: Amy Brigham Boulris, Gunster Law Firm, Miami, FL
Steven Eagle, George Mason University Law School, Alexandria, VA
Robert Melz, Congressional Research Service, Library of Congress
Robert Thomas, Damon Key Leong Kupchak Hastert, Honolulu, HI

IS MORE GUN CONTROL THE ANSWER?

Presented by the Civil Rights Committee

Wednesday, February 20, 2013, at 1:30–2:30 p.m. Eastern In the wake of recent mass shootings, many have called for stricter regulations on firearms. What are the possibilities and legal limits of gun control in America? Where can or should lines be drawn, given the Second Amendment's language regarding the right to arms? A panel of experts will shed light on issues of public safety, individual rights, mental health, and other issues raised by gun violence.

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VALUATION OF INTELLECTUAL PROPERTY ASSETS IN A DISTRESSED ENVIRONMENT

Presented by the Bankruptcy & Insolvency Committee

Wednesday, February 20, 2013, at 12:00–1:00 p.m. Eastern Revenue generated from the commercialization of IP continues to propel businesses into record setting profits. IP represents a significant portion of a company’s reported intangible value as well. With the continuing financial crises, even the most venerable corporations are vulnerable to failure, and industry experts are predicting that the volume of big-business bankruptcies will double in 2012. Taken together, these elements present opportunities for investors to acquire valuable IP. This program will draw from the recent Nortel and Kodak cases, among others, to help lawyers advise investor clients in evaluating the risks and rewards of purchasing distressed assets.

LAUNCHING THE YOUNG LITIGATOR: HOW TO DEVELOP AN EFFECTIVE BUSINESS DEVELOPMENT PLAN

Presented by the Young Advocate Committee

Thursday, February 14, 2013, at 3:00–4:00 p.m. Eastern The new year brings new resolutions. For many young lawyers, those resolutions revolve around strengthening your client base. How do you develop business and measure your success? What strategies should you employ given your practice area and the opportunities available to you? This roundtable will give young litigators a framework from which they can build their own marketing and business development plan and track and measure their success.

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LITIGATION ISSUES IN BANKRUPTCY CASES

Presented by the Bankruptcy & Insolvency Committee

Thursday, January 24, 2013, at 3:00–4:00 p.m. Eastern Conversation with bankruptcy judges, the Honorable Allan Gropper, SDNY, and Rosemary Gambardella, District of New Jersey on Substantive Topics for Bankruptcy Litigators in 2013. The focus will include current split of opinion among The Circuit Court of Appeals. In addition, the judges will address current cases where substantive issues are pending in the courts of appeal, such as the Absolute Priority Rule in W R Grace, (3rd Circuit); Sentinel Management Group, Inc., avoidance action, appeal pending after Panel withdrew Opinion, (7th Cir.); and subtle distinctions among the Circuits in Equitable Mootness issue. In addition, a brief discussion on recent International Insolvency decisions by the U.K. Supreme Court in Rubin v Eurofinance SA and New Cap Re v Grant and the pending Bondholder Litigation in the 2d Circuit, NML Capital Ltd, v The Republic of Argentina. The Panel will allow audience participation at the conclusion.

DEPOSITIONS ABROAD IN U.S. LITIGATION

Presented by the International Litigation Committee

Thursday, January 24, 2013, at 1:30–2:30 p.m. Eastern Taking depositions in foreign countries in connection with U.S. litigation can be fraught with challenges. As U.S. court disputes become increasingly international, however, foreign depositions are sometimes unavoidable. Because there are no uniform rules, counsel must be careful to ensure compliance with local law in addition to ensuring that all technical or logistical requirements are met. This Roundtable, presented by John B. Pinney of Graydon Head & Ritchey LLP, will focus on best practices when faced with the challenge of taking depositions abroad.

THINKING OUT LOUD—PROPERTY RIGHTS AFTER NATURAL DISASTERS

Presented by the Condemnation Zoning and Land Use Committee

Friday, January 11, 2013, at 1:30–3:00 p.m. Eastern Over one-half of the people in the United States live within 50 miles of the coastline. Hurricanes and similar types of natural disasters have caused billions of dollars in damage in recent years, particularly in coastal communities, and some scientists warn that global warming and rising sea levels will increase the frequency or severity of these types of natural disasters.

2012

PROFESSIONALISM AND MENTORING: SOME BASICS

Presented by the Ethics and Professionalism Committee

Monday, December 17, 2012, at 12:00–1:00 p.m. Eastern
The Ethics and Professionalism Committee invites you to participate in a series of upcoming telephonic programs exploring the relationship between professionalism and mentoring.

CIVILITY AND OBJECTIONS AT DEPOSITIONS

Presented by the Motion Practice & Discovery Subcommittee of the Pretrial Practice & Discovery Committee

Friday, December 14, 2012, at 3:00–4:00 p.m. Eastern
Judge Virginia Kendall of the United States District Court for the Northern District of Illinois will pose and moderate discussion between Magistrate Judges Jeffrey Cole and Jeffrey T. Gilbert of deposition question-and-objection scenarios with the goal of exploring proper and improper objections, responses to improper objections, and when and how it might be appropriate to seek judicial intervention.

FALSE ADVERTISING CONSUMER CLASS ACTIONS: LATEST DEVELOPMENTS

Presented by the Consumer Litigation Committee

Wednesday, December 5, 2012, at 1:30–2:30 p.m. Eastern
Plaintiff actions based on false advertising more frequently obtain class status than even personal injury claims based on state laws or unfair and deceptive business practices are typically filed in federal court based on diversity. This discussion will involve examination of the latest court developments and trends in class suits and settlements related to false advertising claims, including CAFA considerations and other strategies for prevailing in or defeating certification.

INDUCED INFRINGEMENT AND DIVIDED INFRINGEMENT AFTER AKAMAI

Presented by the Intellectual Property Committee - Patent Litigation Subcommittee

Thursday, November 29th, 2012 at 3:00 p.m. Eastern
In Akamai Technologies, Inc. v. Limelight Networks, Inc., the Federal Circuit changed the landscape for induced infringement. Overruling its 2007 decision in BMC Resources, the Court held that it is no longer necessary to show that all steps of the claimed method were performed by a single entity.

NJDEP V. DIMANT: CAUSATION REQUIREMENTS FOR SPILL ACT LIABILITY

Presented by the Environmental Litigation and Expert Witnesses Committee

Wednesday, November 28th 2012 at 12:00–1:00 p.m. Eastern
On September 26, 2012, in perhaps the most significant New Jersey environmental decision in the last thirty years, the New Jersey Supreme Court in New Jersey Department of Environmental Protection v. Dimant dealt a major blow to the NJDEP's strategy of pursuing business owners for cleanup costs under New Jersey's Spill Compensation and Control Act without sufficient evidence linking those businesses to the contamination and alleged damage at issue.

YOUNG IMMIGRANTS GET A CHANCE: A NEW OPPORTUNITY FOR IMMIGRANT CHILDREN TO SECURE VISAS WITH A VOLUNTEER’S HELP

Presented by the Pro Bono & Public Interest Committee

Tuesday, November 13, 2012 at 1:00–2:30 p.m. Eastern
On August 15, 2012 the Department of Homeland Security began accepting requests for Deferred Action for Childhood Arrivals (DACA), a form of temporary relief from deportation for certain young immigrants who were brought to the United States as children. Immigrants who qualify for the new program will also be eligible to apply for work authorization. This new policy has the potential to lift the fear of deportation for over one million young people across the country.

DEVELOPING TRIAL AND LITIGATION SKILLS THROUGH PRO BONO

Presented by the Young Advocates and Pro Bono & Public Interest Committee

Thursday, November 8, 2012, at 3:00–4:00 p.m. Eastern
Interested in obtaining more court appearance or client contact but can’t find opportunities to do so? Pro Bono can serve as a fantastic resource for new lawyers and law school graduates still seeking work. Pro bono helps develop trial and litigation skills often in ways billable work cannot. This program will guide you on how to navigate the pro bono maze of organizations, identify a number of organizations to contact and provide you tips on how to secure pro bono activities.

CONVERSATION WITH HEWLETT PACKARD’S DIRECTOR OF IP LITIGATION

Presented by The Patent Subcommittee of the Intellectual Property Litigation Committee

Thursday, November 1, 2012 at 2:00 p.m. Eastern
The Patent Subcommittee of the Intellectual Property Litigation Committee of the American Bar Association Section of Litigation invites you to participate in our continuing series of telephonic conversations about various aspects of patent litigation.

VOTER-SUPPRESSION ISSUES IN THE 2012 ELECTION

Presented by the Civil Rights Committee

Thursday, November 1, 2012, at 1:30–2:30 p.m. Eastern
The 2012 electorate is abuzz with concern over sweeping voting laws in several states that have real potential to affect the outcome of the presidential election.

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HIT THE GROUND RUNNING: BUSINESS DEVELOPMENT AND SUCCESS TIPS FOR YOUNG ATTORNEYS

Presented by the Young Advocates and Solo and Small Firm Committee

Thursday, October 25, 2012, at 3:00–4:00 p.m. Eastern
Our accomplished panel will offer tips for young lawyers on how to succeed in the first crucial years of practice, including advice on how to raise your profile internally and externally, build your network and cultivate relationships, and tackle the challenges of our profession.

APPLYING DISPARATE IMPACT IN CIVIL RIGHTS COMPLAINTS TO DERAIL THE SCHOOL TO PRISON PIPELINE

Presented by the Children's Rights Litigation Committee

Wednesday, October 17, 2012, at 1:30–2:30 p.m. Eastern
This teleconference presents a legal analysis for filing administrative complaints with the Office for Civil Rights of the U.S. Department of Education alleging discriminatory practices by schools resulting in the school to prison pipeline.

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Past Roundtables

Past Roundtables

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