CLE Programs

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Friday, August 9th, 2013

Saturday, August 10th, 2013

Sunday, August 11th, 2013

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Friday, August 9th, 2013

 

8:30 AM – 10:00 AM

Women in the Law: Beyond a Seat at the Table
CLE Center

TIPS Committee Main Sponsor:
Products Liability Committee

Sponsoring Sections, Divisions, Forums
Business Law Section, ABA Commission on Women in the Profession & Asian American Bar Association

Description:
While efforts to ensure that women have a level playing field to advance in the legal profession have yielded much progress and promise in recent years, there is still much room for improvement. In this opening program for the ABA’s Women in the Law day, this panel of distinguished women corporate counsel will engage in a conversation about the advances made toward ensuring a level playing field for women, the obstacles they see and have faced, how to effec-tively confront those obstacles, and what companies and law departments can do to remove them. The discussion will also address the business case for ensuring a level field, the value of diversity of viewpoint, and how corporate counsel can lead by example by mentoring, encouraging change in the profession both in their companies and outside by en-suring that law firms achieve concrete and measurable results. Whether you work in a law firm, a company, or a governmental office, this program will provide you with insight into a persisting challenge. The program will also provide you with practical ideas for addressing the obstacles that keep women from moving beyond a seat at the table.

Moderators:

Alicia Donahue & Makai Fisher Shook, Hardy & Bacon L.L.P. San Francisco, CA

Speakers:

Michelle Banks General Counsel Corporate Secretary and Chief Compliance Officer Gap, Inc. San Francisco, CA
Kathleen Blanchard Associate General Counsel and Practice Group Leader Genentech, Inc. San Francisco, CA
Margaret M. Foran Chief Governance Office Vice President and Corporate Secretary Prudential Financial Inc. Newark, NJ
Barbara Russell Associate General Counsel Virgin America Inc. Burlingame, CA
Dana Gwaltney Assistant General Counsel Altria Client Services Inc. Richmond, VA
Salle Yoo General Counsel Uber Technologies, Inc. San Francisco, CA
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9:00 AM – 12:00 PM

Defining Title Insurance Coverage Limits: The Policy vs. Sky
Westin St. Francis Hotel
TIPS Committee Main Sponsor:
Title Insurance Law Committee
Description:
Inside and outside counsel will team up to answer four questions concerning recent developments in title insurance law and practice: Should you be “in for one, in for all”? – an update on the title insurer’s duty to defend non-covered claims arising in cases that also involve a covered claim. Is reasonable diligence in establishing title as insured enough? – an examination of the title insurer’s right to establish title as insured, including the history and meaning of “reasonable diligence” under the policies, the potential exposure for losses if title is not established with “reasonable diligence,” and practical aspects of trying these issues to a jury. What do you want to know about the claims process? – a behind the scenes look at the process from intake, the decision to retain counsel or not, and the handling and resolution of a claim. What’s going on? – a look back at the most recent title insurance cases that will reveal what you may have missed and may wish you never heard about during the past year.

Speakers:

Justin Budare Vice President and Senior Claims Counsel First American Title Insurance Company Walnut Creek, CA
Ronald A. Damashek Stahl Cowen Crowley Addis LLC Chicago, IL
Jerel J. Hill Law Offices of Jerel J. Hill Kingwood, TX
Margery Q. Lee EVP and National Claims & Litigation Manager North American Title Group Concord, CA
Cynthia Long Senior Vice President, Regional Counsel Old Republic Title Insurance Company San Francisco, CA
Ryan C. Squire Garrett & Tully, P.C. Pasadena, CA
Vanessa H. Widener Anderson, McPharlin & Conners LLP Los Angeles, CA
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1:00 PM – 3:00 PM

Co-Sponsored Program

Third Annual SCJI Forum on Judicial Independence: Ethical and Practical Challenges of Social Media
Marriot Marquis, Golden Gate Hall C1, B2 Level
Co-Sponsors:
Center for Professional Responsibility; General Practice, Solo & Small Firm Division; Judicial Division; Section of Administrative Law and Regulatory Practice; Senior Lawyers Division; Standing Committee on Federal Judicial Improvements; Tort Trial and Insurance Practice Section; Young Lawyers Division

*This is a complimentary CLE program. Ethics credit has been requested.

Description:
In order to protect fair and impartial courts, lawyers and judges must be aware of the impact social media has on jurors before and after they enter the courtroom, as well as on the public’s perception of courts. This free CLE program will help lawyers and judges navigate the ethical and practical realities of using social media in their professional and private lives while ensuring the fair administration of justice. The panel will discuss issues such as threats to fair trials due to jurors’ use of social media, lawyers’ use of social media in the trial process, the perception of bias that may arise from virtual friendships between lawyers and judges, the use of social media in judicial elections, and ways that social media can be used to enhance the public’s understanding of the role of the judiciary. Come join the debate over how ethical obligations intersect with modern reality.

Moderator:

Manny Medrano

Speakers:

Katie Harbath
Judge Herbert B. Dixon, Jr.
Justice Steve González
Garrett M. Graff

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2:00 PM – 3:30 PM

When Passing the Bar is a Lifelong Challenge: Your Role in Identifying, Understanding, and Assisting Those Struggling with Alcoholism and Drug Addiction
CLE Center
TIPS Committee Main Sponsors:
Ethics and Professionalism Special Standing Committee and the Toxic Torts & Environmental Law Committee
Description:
For thousands of practicing lawyers, the multi-state is not the hardest bar to pass – it is the corner tavern that lawyers cannot consistently walk past. Addiction is a chronic, progressive and potentially fatal disease whose impact upon the practice of law and proper functioning of society has never been more real or powerful. Join an engaging panel of experts—drawing upon a wealth of both clinical and personal experience—for a cogent exploration of the most germane issues associated with the identification, treatment and management of addiction in a colleague, client, family member or even one’s self. Panelists will include Susan Riegler, a Mental Health Care Educator at SCR Consulting LLC and former clinical director of the Illinois Lawyers’ Assistance Program, Inc., a not-for-profit organization that helps Illinois lawyers, judges, law students, and their families with alcohol abuse, drug dependency, and mental health problems; Link Christin, Director of the Legal Professionals Program at Hazelden, one of the world’s largest and most respected private not-for-profit alcohol and drug addiction treatment centers; Patrick Krill, Assistant Director of the Legal Professionals Program at Hazelden; Raul Ayala, Deputy Federal Public Defender in Los Angeles and a recovering practicing lawyer; and John Buckley, an attorney who walked through his teenaged son’s addiction, overdose, and continuing recovery.

Moderator:

John P. Buckley Ungaretti & Harris LLP Chicago, IL

Speakers:

Raul Ayala, J.D. Deputy Federal Public Defender Los Angeles, CA
Link Christin, M.A., J.D., L.A.D.C. Director of Legal Professionals Program Hazelden Center City, MN
Patrick R. Krill Assistant Director of Legal Professional Program Hazelden Center City, MN
Susan Riegler, M.A., M.S. SCR Consulting, LLC Chicago, IL

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2:00 PM - 3:30 PM

Were Those Shots I Heard? Managing and Insuring Against Heinous Risks
CLE Center
TIPS Committee Main Sponsor:
Insurance Coverage Litigation Committee

Description:

In recent years, our nation has endured many fatal shootings and similar tragic events on school campuses, in movie theatres, shopping centers, and places of worship. Indeed, no place seems safe from these atrocious acts. What steps can businesses take to protect themselves, employees, customers, and the general public from such apparently random acts of violence? Can business entities or employers be held liable for not adopting or following protocols set up to identify risks and prevent harm associated with these acts? Can liability attach to directors and officers? Are those who had previous contact with the perpetrator (schools, employers, mental health professionals) subject to liability? If such events do occur, can the financial risks of liability be adequately transferred to insurers? Are there exclusions or limitations in liability policies that should be examined as a part of a thorough risk review before an incident? All of these questions will be discussed by our panel of experts.

Moderators:

Jose A. Ramirez Holland & Hart LLP Greenwood Village, CO
Michelle A. Lafferty Corporate Counsel Hylant Group, Inc. Cleveland, OH

Speakers:

Carl Gayden Senior Assistant Dean for Strategy & Finance Graduate School of Management University of California, Davis Davis, CA
Dan Lawson Senior Director, Chief of Police University of San Francisco San Francisco, CA
Brian S. Kabateck Kabateck Brown Kellner LLP Los Angeles, CA

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3:45 PM - 5:15 PM

How to Handle an NTSB Investigation:  Avoiding Pitfalls and Protecting Your Client
CLE Center
TIPS Committee Main Sponsor:
Aviation and Space Law Committee

Description:

Major transportation accidents are devastating events that garner enormous media attention.  This panel of experts will explore the inner workings of National Transportation Safety Board (NTSB) investigations and the pitfalls to avoid during the investigation process and the nuances of the investigations depending on the mode of transportation – aviation, railroad, highway, or marine.  The panel will also consider the impact of the investigation on the victim’s families, the role of the victim’s families during the investigation, and any resulting litigation.

Moderators:

David J. Harrington Condon & Forsyth LLP New York, NY

Speakers:

Daniel O. Rose Kreindler & Kreindler LLP New York, NY
Thomas W. Tobin Wilson Elser LLP White Plains, NY
Gina M. Venezia Freehill Hogan and Mahar LLP New York, NY
Lorenda Ward Accident Investigator National Transportation Safety Board Washington, D.C.

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3:45 PM - 5:15 PM

Libel Tourism in the Internet
CLE Center
TIPS Committee Main Sponsor:
International Law and Media Privacy and
Defamation Law Committees
Description:
A post on the internet can be viewed anywhere in the world.  If the post is defamatory, the controlling law depends not on where the post was written but where it was downloaded, viewed or “published”.  In some jurisdictions, this invites criminal sanctions.  In other jurisdictions, the burden of proving truth or falsity may be different, as well as whether the jurisdiction will follow the “single publication rule”.  This panel will review the applicable substantive and procedural rules from various leading jurisdictions as well as blocking statutes recently enacted to prevent enforcement of defamation judgments.

Moderators:

Leita Walker Faegre Baker Daniels LLP Minneapolis, MN

Speakers:

Steven M. Richman Duane Morris LLP Cherry Hill, NJ
John F. Stephens Sedgwick LLP Los Angeles, CA
Prof. Mark E. Wojcik The John Marshall Law School – Chicago Chicago, IL

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Saturday, August 10th, 2013

 

8:30 AM – 10:00 AM

Lawyers as Corporate Directors: Risk or Reward?
CLE Center
TIPS Committee Main Sponsor:
Professionals’, Officers’ & Directors’ Liability Law Committee

TIPS Committee Co-Sponsors:
Corporate Counsel and Self-Insurers and Risk Managers Committees

Description:
Today’s board of directors faces heightened requirements for corporate governance, scrutiny and accountability, making board service by lawyers more attractive than ever before.  Legal talents and relationships on the board can provide significant help and value to both for-profit and non-profits alike.  In return, service by active or retired lawyers can be both personally fulfilling and reinforce relationships with client companies.  However, resulting ethical and liability exposures for attorney board members can be very problematic.  This panel will identify risks these attorneys face and examine critical ways they can mitigate, or at least manage, those liabilities.

Moderators:

Carol A. N. Zacharias Executive Vice President & Deputy General Counsel Ace Insurance New York, NY

Speakers:

Janice Rourke Hugener The Hugener Law Group San Francisco, CA
Glen R. Olson Long & Levit LLP San Francisco, CA
Thomas J. Whalen Schott Johnson, LLP Washington, D.C.

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10:30 AM – 12:00 Noon

PRESIDENTIAL SHOWCASE PROGRAMMING
Do You Really Know What You Are Eating? Contemporary Issues You Should Know About in Food Labeling, Advertising and Fraud
CLE Center
TIPS Committee Main Sponsor:
Animal Law Committee

Sponsoring Sections, Division, Forums:
Criminal Justice Section, Government and Public Sector Lawyers Division, Health Law Section

Description:
Are you really drinking 100% pomegranate juice? Is the shrimp you just ate really “fresh”? Did the “Happy Cows” advertising campaign for milk constitute false advertising given the conditions in which the cows were held? This program will address litigation and legislation relating to food labeling, advertising, and food fraud. The topic reaches throughout various practice areas of the law including: health, biotechnology, consumer protection, government regulation, animal welfare, false advertising, and criminal law.

A panel of attorneys representing the government, industry, and consumers, will discuss recent high-profile civil and criminal litigation involving allegations of misleading food labeling, including the rising tide of class action litigation related to the use of “all natural” on labels. The panel will also analyze false advertising claims against producers of food, and will consider the value and limits of mandatory labeling. The topic is especially relevant in the wake of the introduction of the Egg Products Inspection Act amendments, a first-of-its-kind cooperative effort between the Humane Society of the United States and the United Egg Producers, which would impose mandatory federal labeling provisions on eggs. The panel will also discuss the “Happy Cows” case, which alleged false advertising by the California Milk Advisory Board, and the Mendes/Corcpork cases, which alleged misrepresentations by omission by producers of food that came from animals held in conditions of alleged cruelty.

In addition, the panel will address “Food Fraud”, the criminal implications of food fraud violations, including prosecutorial charging theories, available charging statutes, recent demonstrative prosecutions, and future trends. Food fraud generally describes the intentional adulteration of food with cheaper ingredients for economic gain or the otherwise misbranding or mislabeling of food. The counterfeit food industry is estimated to generate approximately $49 billion a year. Common food fraud products include, for example: pomegranate juice, honey, maple syrup, olive oil, fruit juice, apple juice, orange juice, milk, coffee, vanilla, saffron, cognac, champagne, goat cheese, fish, shrimp, and other seafood. Some experts estimate that approximately 5 to 7% of the U.S. food supply is affected by food fraud. Victims range from consumers at the local supermarket to multibillion dollar corporations. The rise in food fraud has not gone unnoticed by law enforcement. In recent years, federal authorities have cracked down on food fraud perpetrators, obtaining convictions in a series of significant food fraud prosecutions.

If you want to learn more about what you are really eating and how it ends up on your plate, this program is must-attend CLE.

Moderators:

Aimee M. Gong The Law Offices of Lawrence M. Reuben Indianapolis, IN

Speakers:

Andrew Boutros Assistant United States Attorney – Speaking in his Individual Capacity Chicago, IL
Carter Dillard Director of Litigation Animal Legal Defense Fund Cotati, CA
Amir Nassihi Shook, Hardy & Bacon, LLP San Francisco, CA
Bruce Wagman Schiff Hardin LLP San Francisco, CA

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2:00 PM – 3:30 PM

Health Care Reform – What Now?
Moscone Center West, Room 2022

Description:

RA panel of experts will provide an update of the key components of the Affordable Care Act and its implications relative to (1) employee benefit plan design, cost and compliance, and (2) the physician/hospital relationship. Among other topics, our distinguished panel will discuss enrollment in the exchange and the impact on coverage in employee benefit plans, employer notice obligations, and new plan designs for 2014 for non‐grandfathered plans. Our panel will also discuss individual shared responsibility, eligibility for the premium credit, and insurance reform requirements in 2014 (such as guaranteed renewability, guaranteed availability and fair premiums). Finally, our panel will discuss the changing nature of the hospital/physician relationship and how reimbursement cuts and other financial pressures stemming from the Act are impacting physician compensation.

Moderator:

Jason H. Ehrenberg Bailey & Ehrenberg PLLC Washington, DC
Perrin Rynders Varnum Attorneys Grand Rapids, MI

Panelists:

Kathryn Bakich, The Segal Company, Washington, DC Alice King, Towers Watson, Dallas, TX Tiffany N. Santos, Alston & Bird LLP, Washington, DC

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2:00 PM - 3:30 PM

Civility in the Courtroom: Then (1933) and Now (2013)
CLE Center
TIPS Committee Main Sponsor:
Trial Techniques Committee

TIPS Committee Co-Sponsors:
Plaintiff’s Policy Task Force and Ethics and Professionalism Special Standing Committee

Description:
This program focuses on how ethics and civility in the courtroom and practice of law have changed, or not, over the 80 year history of TIPS.  People tend to wax poetic in reminiscing about the “good old days,” and we, as attorneys, are no exception to bemoaning the decline of ethics and the profession from their perceived pedestal of years past.  In this program, however, we will look back to the past, examine whether ethics and the profession have changed so much over the years, and to the extent there have been changes, explore whether such changes are a decline in the profession, or instead, a cure of the ills of our predecessors.  We will also examine what we can learn from the changes, if any, and from the time-honored canons that remain the same.

Moderators:

Elizabeth B. Shirley Burr & Forman LLP Birmingham, AL

Speakers:

Carol M. Langford Law Offices of Carol M. Langford Walnut Creek, CA
Denis Rice Arnold & Porter San Francisco, CA
Justice Wilhelmina M. Wright Associate Justice of the Supreme Court of Minnesota St. Paul, MN
Donald J. Winder Winder & Counsel, PC Salt Lake City, UT

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3:45 PM - 5:15 PM

How to Successfully Mediate a Complex Products Liability Case
CLE Center
TIPS Committee Main Sponsor:
Alternative Dispute Resolution, Automobile Law and Staff Counsel Committees

Description:
Considering the time, cost and resources necessary to litigate a complex products liability case, ADR is an appealing and viable option.  The attorneys must be prepared for a number of challenges when mediating a products case involving an allegedly defective product.  In this thorough and informative CLE, you will learn valuable practice tips and strategies to gain an advantage by setting the expectations and laying a foundation for successful mediation negotiations.

During this seminar, you will hear best-practices from an experienced panel, consisting of a plaintiff trial attorney, a defense trial attorney, a mediator and an insurance company claim executive. Using an actual products case, the panelists will present their respective positions on the following topics: what should be done prior to mediation; how to select a suitable mediator;  what information is required to assist parties in reaching a settlement; what an insurance company claim executive contributes to the mediation; what are the do’s and don’ts during the mediation process and how Medicare impacts settlement negotiations.

Learn practice tips to aid lawyers in mediating a complex products liability case. This 90 minute CLE reveals the do’s and don’ts, positioning you and your client for a successful mediation.

Moderators:

John Cartafalsa Zurich North America New York, NY

Speakers:

Sherry L. Grguric Chubb Insurance Los Angeles, CA
John Hutchison Assistant Vice President of Liability Claims Zurich North America Rancho Cordova, CA
Jeff Kichaven Jeff Kichaven Commercial Mediation Los Angeles, CA
Kristen Law Sagafi Lieff, Cabraser, Heimann & Bernstein San Francisco, CA

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Sunday, August 11th, 2013

 

8:30 AM – 10:00 AM

Finding Your Own Voice – Ethical Dilemmas, Race and Gender Challenges and the Pitfalls of Practice
CLE Center
TIPS Committee Main Sponsor:
Ethics and Professionalism Special Standing Committee

Sponsoring Sections, Division, Forums
Center for Professional Responsibility (CPR)
Co-Sponsor:
DecisionQuest

Description:
Video clips introduce 15 scenarios, followed by interactive audience response device choices for resolution and panel discussion.

Race and gender issues continue to plague American society. Lawyers are part of that society. As a consequence, lawyers, too, are confronted by race and gender bias. The approach we take, the way we respond, and the degree to which we participate im-pacts our reputations and image in the bar every bit as much as it happens with the ethical choices we make. Are we satisfied with our decisions? Are we happy with what we’ve done? Or, do we harbor regrets at who we have become? In 10 years (or 30) will we be proud of our accomplishments and the path we took along the way?

This program is designed to help you “Find Your Own Voice,” recognize ethical dilemmas, face up to race and gender challenges and the pitfalls of practice that can make or break your reputation – and undermine your self-image. Learn to respond in ways that advance your cause, build your reputation, and enhance your self-esteem. As you establish your persona as a litigator, be proud of who you are and the way you practice. Build a reputation worthy of respect and admiration by being a lawyer in whom others have confidence, and to whom others turn when they have ethical or moral questions. When you uphold the highest traditions of our profession, you reap the rewards for a lifetime.

Moderators:

John W. Allen Varnum Attorneys Kalamazoo, MI
Perrin Rynders Varnum Attorneys Grand Rapids, MI

Speakers:

Roshan N. Rajkumar Bowman and Brooke LLP Minneapolis, MN
Latanishia D. Watters Haskell Slaughter Birmingham, AL

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2:00 PM – 3:30 PM

Class Action Blockbuster: Key Developments Affecting the Future of Class Action Litigation
CLE Center
TIPS Committee Main Sponsor:
Products Liability Committee

Description:
Class action litigation is experiencing a sea change following recent Supreme Court and other appellate decisions on certification standards, offers of judgment, and the enforceability of arbitration clauses.  This distinguished panel of in-house, plaintiff, and defense lawyers will discuss the current landscape, effective strategies, and pending decisions.

Moderators:

Dana N. Gwaltney Assistant General Counsel Altria Client Services Richmond, VA
Amir Nassihi Shook, Hardy & Bacon L.L.P. San Francisco, CA

Speakers:

Marcy Hogan Greer Fulbright & Jaworski, L.L.P. Austin, TX
Ani Gulati Chief Litigation Counsel General Mills Eden Prairie, MN
Chad J. Helin General Counsel Combined Insurance at ACE Group Glenview, IL
Frank P. Kelly Shook, Hardy & Bacon L.L.P. San Francisco, CA
Robert J. Nelson Lieff Cabraser Heimann & Bernstein, LLP San Francisco, CA

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2:00 PM – 3:30 PM

Recent DOL Enforcement Initiatives & ERISA Supreme Court Update
Moscone Center West, Room 3022

Description:

With the current national debate over retirement security, the latest judicial and regulatory developments in this area are of even greater importance. Moreover, with over $19 trillion in U.S. retirement assets, the retirement sector is a key growth area for many sectors. Our panel of experts will discuss recent retirement‐related and ERISA developments at the Supreme Court and on the regulatory front. In addition to considering the implications of the Court's 2013 decision in U.S. Airways v. McCutchen from both a management and plaintiff's bar perspective, the panel will provide its insights on retirement‐related issues that may come before the Court in the next few years. The panel also will provide an overview of significant regulatory developments at the Department of Labor and other agencies that have broad implications not only for the retirement industry, but also for related sectors including investment management and the securities industry.

Moderator:

David Cohen Evercore Trust Co. Washington, DC

Panelists:

Margo Hasselman, Lewis Feinberg, Lee Renaker & Jackson PC, Oakland, CA Doug Hinson, Alston & Bird LLP, Washington, DC David Levine, Groom Law Group, Washington, D.C. Michael Tilghman, Bailey & Ehrenberg PLLC, Washington, DC

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