CLE Programs

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Thursday, August 7, 2014

Friday, August 8, 2014

Sunday, August 10, 2014

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THURSDAY, AUGUST 7, 2014


10:30 AM – 12:00 PM

CLE PROGRAM

Tracing Food: What You Don’t Know Can Hurt You

TIPS Committee Main Sponsor:
Corporate Counsel Committee

 

TIPS Committee Co-Sponsors:
Business Litigation and Products Liability Committees

 

Description:

Corporate counsel and litigators alike need to be aware of recent developments in the world of food distribution, including the Food Safety Modernization Act. Our esteemed panel brings a broad and diverse spectrum of practical experience in navigating the often complex technological implications of the food industry. This seminar will provide valuable insight into the process from regulatory oversight to the role of technology and innovation in food safety and integrity, and food-related litigation.

Topics to be covered include regulatory landscape, technological advances for tracing and accounting for food products, high-tech threats to food safety, food product quarantines and recalls and food-related litigation.

The all-star panel will include representatives from the U.S. Food & Drug Administration and Department of Justice, leaders in the food industry, and attorneys involved in litigation over food-related issues.

Moderator:

David Becker
Freeborn & Peters LLP
Chicago, IL

Speakers:

Andrew Boutros
Assistant United States Attorney
Chicago, IL

Brendan Flaherty
Pritzker Olsen
Minneapolis, MN

Sheri Littlefield-Moreno
General Counsel
GE Intelligent Platforms
Charlottsville, VA

John T. Shapiro
Freeborn & Peters LLP
Chicago, IL


1:30 PM – 3:00 PM

CLE PROGRAM

International Trade in Animals and Animal Products: Forging Agreement and Litigating Disputes

TIPS Committee Main Sponsor:
Animal Law Committee

Description:

Countries have long traded in animals and animalrelated products, for food, clothing, entertainment and countless other purposes. When countries disagree on how to address endangered species, conservation and enforcement, economic challenges, health concerns and other issues relating to such trade, the resulting disputes may be heard and decided by the World Trade Organization. Countries also seek to regulate issues relating to trade in animalsand animal products through the provisions of bilateral, multilateral and regional free trade agreements (FTAs). This CLE will present current issues in international trade disputes and FTAs relating to trade in animals and animal products, areas of conflict and emerging trends.

Moderator:

Daina Bray
International Fund for Animal Welfare
Yarmouth, MA

Speakers:

Peter L. Fitzgerald
Professor of Law
Stetson University College of Law
Gulfport, FL

Andrew Lurie
Humane Society of the United States
Washington, D.C.

David W. Oliver
Deputy Assistant U.S. Trade Representative for Environmental and Natural Resources Office for the U.S. Trade Representative
Washington, D.C.

3:30 PM – 5:00 PM

CLE PROGRAM

Insuring Against Terrorism—TRIA and Private Insurance in the Wake of the Marathon Bombings

TIPS Committee Main Sponsor:
Insurance Coverage Litigation Committee

Description:

On April 15, 2013 two bombs exploded at the Boston Marathon finish line, killing three and injuring more than 260 people. The bombings also resulted in $23 million in health insurance claims, an estimated $333 million in damage to the local economy, and $2.5 million in property and casualty losses. This program will discuss the actions taken by the Division of Insurance to assure proper claims handling and the issues that arose in adjusting claims submitted to private carriers. It will then delve into the role of TRIA (Terrorism Risk Insurance Act), the federally mandated terrorism insurance program which will expire this year unless renewed. The panelists will discuss the purpose of TRIA, why TRIA has not responded to any of the Marathon Bombing claims, and whether TRIA should be renewed, amended or eliminated. The panel will also look at the scope, terms and underwriting concerns relative to the private terrorism insurance currently available and the private market’s capacity to meet the need for terrorism insurance. Finally, the audience will be encouraged to join with the panel in offering their thoughts as to what kind of terrorism insurance America needs and who should provide it.

Moderator:

Craig Stewart
White and Williams, LLP
Boston, MA

Speakers:

Robert A. Whitney
Deputy Commissioner and General Counsel
Massachusetts Division of Insurance
Boston, MA

Ben Tucker
Head of US Terrorism & Political Violence Crisis Management
XL Group
New York, NY

Machua Millett
Senior Vice-President
Marsh 
Boston, MA

Eric Hermanson
White and Williams, LLP
Boston, MA

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5:00 PM – 6:00 PM

Insurance Coverage Litigation Committee Reception
Omni Parker House

Description:

Please join the Insurance Coverage Litigation Committee for a reception immediately following the TRIA/Marathon CLE Program from 5 to 6 PM on Thursday, August 7, 2014 at the Omni Parker House Hotel. The reception is sponsored by Marsh & McLennan Companies and White and Williams LLP.

 


FRIDAY, AUGUST 8, 2014


9:00 AM - 12:00 PM

CLE PROGRAM

There Will Be Blood—Navigating the Pitfalls of Bad Faith Litigation

TIPS Committee Main Sponsor:
Title Insurance Litigation Committee

Description:

The program will include a one hour presentation from Plaintiffs’ Counsel on how they approach litigating bad faith, including, but not limited to, what criteria they must have prior to filing suit. We will also have a one hour panel discussion with in-house claims counsel on their experience with bad faith suits and current market trends. Finally, we will have a 30 minute case update presentation, followed by a 30 minute presentation from DecisionQuest on jury selection in bad faith lawsuits.

Moderators:

Robert Graham
Fidelity National Title Group
Jacksonville, FL

William J. Long IV
Burr & Forman
Birmingham, AL

Speakers:

Hallman Eady
Bradley Arant Boult Cummings
Birmingham, AL

Jerel Hill
Law Office of Jerel Hill
Kingwood, TX

John Killea
General Counsel
Stewart Title Guaranty Company
Houston, TX

Spencer Mobley
Bradley Arant Boult Cummings
Birmingham, AL

Joe Reinhardt
Executive Vice President & General Counsel
Fidelity National Title Group
Jacksonville, FL

10:30 AM - 12:00 PM

CLE PROGRAM

The Privacy Class Action Landscape

TIPS Committee Main Sponsor:
Media, Privacy and Defamation Law Committee

 

Sponsoring Sections, Divisions, Forums:
ABA Forum on Communications Law

 

Description:

This program will be comprised of panelists who can discuss the growing number of privacy class actions, ranging from “Big Data” suits over security breaches, to invasion of privacy claims arising out of online behavioral advertising, to the big-dollar settlements under the Telephone Consumer Protection Act.

Moderator:

Kelli Sager
Davis Wright Tremaine
Los Angeles, CA

Speakers:

Scott Kamber
Kamber Law LLC
New York, NY

Marc Rotenberg
President and Executive Director
Electronic Privacy Information Center (EPIC)
Washington, D.C.

Heidi Salow
Vice President and Senior Privacy Officer
Thomson Reuters
Washington, D.C.

Aaron Van Oort
Faegre Baker Daniels
Minneapolis, MN

1:30 PM – 3:00 PM

CLE PROGRAM

Getting Off on the Right Foot at Trial: Voir Dire and Opening Statements

TIPS Committee Main Sponsor:
Automobile Law

TIPS Committee Co-Sponsors:
Staff Counsel and Trial Techniques Committees

Description:

The best litigators know from experience that many cases can be won or lost at the beginning stages of trial, sometimes as early as voir dire or opening statements. This program will bring together a panel of well known and experienced trial attorneys from the plaintiff and defense bar who will discuss effective strategies and techniques for conducting voir dire used to persuade jurors toward their client’s positions even before opening statements begin, and how to carry this advantage through opening statements to maintain their “spin” before the evidence has begun. This panel will also include two members of the judiciary who will discuss their first-hand observations of effective advocacy that has produced successful results for plaintiffs and defendants. The judges will also discuss some ineffective and counter-productive strategiesemployed by lawyers who have tried cases before them.

Moderator:

Laura Sidwell Maki
Sharon Ware & Associates
Atlanta, GA

Speakers:

Richard P. Campbell
Campbell Trial Lawyers
Boston, MA

Hon. Douglas H. Wilkins
Associate Justice of the Superior Court
Boston, MA

Annette Gonthier Kiely
Annette Gonthier Kiely & Associates, PC
Salem, MA

Hon. Caryl P. Privett
Jefferson County Circuit Court Judge
Birmingham, AL

Jay Eidex
Sharon W. Ware & Associates
Atlanta, GA

3:30 PM - 5:00 PM

CLE PROGRAM

Combatting Insurance Fraud—Insurance Regulators, Insurers and Attorneys

TIPS Committee Main Co-Sponsors:
Insurance Regulation and Staff Counsel Committees

Description:

This program will address the multiple facets of current insurance anti-fraud efforts from the perspective of regulators, insurers and practicing attorneys.

The General Counsel of the Massachusetts Division of Insurance and the Executive Director of the Insurance Fraud Bureau of Massachusetts will address the systemic costs of insurance fraud and the innovative joint effort by the Massachusetts DOI and the insurance industry to tackle systemic fraud problems that had earned Massachusetts – justly or not – the reputation as “The Insurance Fraud Capital of the United States.”

Members of insurer Special Investigative Units (SIUs) will include the purpose of the SIU units and their role in detecting insurance fraud. The panel will also address state regulatory requirements for SIUs and coordination with law enforcement officers and prosecutors.

A panel of attorneys will speak on examinations under oath (EUO) and their role in insurance fraud investigations. Of primary interest will be a discussion of how to conduct an examination under oath (EUO) looking at the practical aspects from a techniques standpoint. The panel will discuss ethical considerations from potential conflicts of interest and concerns arising from the possibility that a matter involving an EUO may ultimately involvea criminal prosecution for insurance fraud.

Moderator:

Hilary Rowen
Sedgwick LLP
San Francisco, CA

Speakers:

Michael L. Snyder
McGovern, Snyder & Ganem, P.C.
Boston, MA

Daniel Johnston
Executive Director
Insurance Fraud Bureau of Massachusetts
Boston, MA

Robert A. Lucas
Assistant Vice President—Casualty & LIT/OTA Claim
MAPFRE Insurance
Webster, MA

Bill Middleton
Allstate Insurance Company
Rocky Hill, CT

Tom Pursley
Lynch & Lynch
South Easton, MA

Rob A. Whitney
Deputy Commissioner and General Counsel
Massachusetts Division of Insurance
Boston, MA

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SUNDAY, AUGUST 10, 2014


10:30 AM – 12:00 Noon

MAGNITUDE 360 CLE SHOWCASE PROGRAM

Game-Changer: The States’ Big Gamble on Legalized Sports Betting

Hynes Convention Center

TIPS Committee Main Sponsor:
Appellate Advocacy Committee

TIPS Committee Co-Sponsor:
Government Law Committee

Sponsoring Sections, Divisions, Forums:

          ABA Forum on the Entertainment and Sports Industries, Section of State and Local Government Law, Government and Public Sector Lawyers Division, Council of Appellate Lawyers, TIPS Government Law Committee, the Sports Lawyers Association and the Boston Bar Association

Description:

Should other states (besides Nevada) have the right to legalize sports betting? Can the federal government discriminate among states by allowing sports betting in some states, but prohibiting it in all others? Can Congress dictate how the States regulate purely intrastate commercial activity when there is no federal regulatory or deregulatory scheme to protect? These important questions are at the heart of a landmark case arising out of New Jersey’s efforts to legalize sports wagering. The State of New Jersey (backed by three amici states) is asking the Supreme Court to review the constitutionality of the federal ban on state-sponsored sports wagering. Join us for this exciting program as a panel of leading experts will discuss the latest developments in this high-stakes legal battle and its ramifications for the sports industry, the gaming industry, and our dual system of state and federal sovereignty.

Moderator:

Michael McCann
Professor of Law and Director of the Sports and Entertainment Law Institute
University of New Hampshire School of Law
Concord, NH

Speakers:

Theodore B. Olson
Gibson, Dunn & Crutcher 
Washington, D.C.

Erin E. Murphy
Bancroft PLLC
Washington, D.C.

Elbert Lin
Solicitor General of West Virginia
Charleston, WV

Gabriel Feldman
Professor of Law and Director of Sports Law Program
Tulane University Law School
New Orleans, LA

Co-Sponsored Events

FRIDAY, AUGUST 8, 2014

12:00 PM – 1:30 PM

Complimentary Sports Law Roundtable
Featuring Sports Illustrated's Michael McCann: The Donald Sterling Controversy

Co-Sponsored by the ABA Tort Trial & Insurance Practice Section and the Boston Bar Association
Boston Bar Association
16 Beacon Street | Boston, MA

TIPS is proud to announce a last-minute addition to our slate of programming at the ABA Annual Meeting. Join TIPS for this especially timely FREE sports law program - a roundtable discussion of the legal, business and ethical issues arising from the Donald Sterling controversy. Sports Illustrated legal analyst Michael McCann is the featured speaker.

Lunch is available at a cost of $8 per person, but is optional.

To reserve your spot, you can either register directly on the Boston Bar Association's website or by e-mailing your RSVP to Elizabeth Vincensi. Registration is free and open to all. We hope that you will join us for this exciting and memorable outreach event!

SUNDAY, AUGUST 10, 2014

10:30 AM – 12:00 Noon

CLE PROGRAM

From Kindergarten to the NFL: Combating Bullying Without Violating Rights

Sheraton, Boston

TIPS Committee Co-Sponsor:
Employment Law and Litigation Committee

Description:
This program will focus on the interplay of legal efforts to combat bullying and how they can be stymied due to Constitutional and privacy rights issues

TIPS Employment Law and Litigation Committee Speakers:

Beth Whittenbury
Beth K. Whittenbury & Associates
Rancho Palos Verdes, CA

Kay Hodge
Stoneman Chandler & Miller LLP
Boston, MA


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