Volume 1, Issue 4

Chair’s Welcome

Practice Edge

ABA's Response to Recession


Clinical Trials and the Financial Markets

E-Discovery and Digital Evidence Case Digest

• Free Cleantech Brown Bag  

• How to Get a Job and Grow Your Practice

• ABA Member Advantage Benefits

• Proposed Patent Case Legislation


Learn about Section
member professional updates.


• Computer Forensic Resolution Has Impact in North Carolina

• Highlight Section Involvement

• Join ABA's Green Initiative

• Leverage The SciTech Lawyer Electronic Archives

• Nominees for Section Officers and Council Positions

• Resources for Student Members

• Student Opporunity at 2009 ABA Annual Meeting

• Update your ABA AOC



2nd National Conference on Employment of Lawyers with Disabilities
June 15-16, 2009
Marriott Wardman Park Hotel
Washington, DC

2009 ABA Annual Meeting
Swissotel Chicago
July 29 - August 2, 2009


 This book provides you with a legal and practical approach to the new world of digital information. It has been described as a must have  for litigation lawyers, corporate counsel and records managers who want to understand how to appropriately handle the digital information of an enterprise. Learn more.

 This book clearly explains and discusses 13 applied scientific disciplines in jargon-free language that is specifically geared toward lawyers. If you are a lawyer who is ever called upon to defend, proceed against, examine, cross-examine or even consult a scientist, this book is for you. Learn more.

The SciTech Lawyer

 The Section’s quarterly magazine features practical and timely articles on a diverse range of science and technology law issues. This issue focuses on biosecurity.

Contact Us

The SciTech e-Merging News is published quarterly as a Section member benefit. Click here to join the Section. The material published reflects the views of the authors and has not been approved by the Section of Science & Technology Law, the House of Delegates or the Board of Governors of the ABA. © 2009 American Bar Association. All rights reserved.

Section News

scitech 2009 aba annual meeting cle programs



2:00 pm – 3:30 pm
CLE: On The Road to Financial Recovery with Science and Technology Law: IT and Life Science Engines of Change
Moderator: Christine M. Grant, CEO, InfecDetect, Princeton, NJ

A distinguished panel of engineers, scientists and lawyers will explain how innovations, sustainable energy, clean technology, biotech, and a national system of electronic health information can jumpstart your legal practice engine while driving national recovery.

This panel will focus on novel intersections of science, technology, and the law. It will feature Presidential advisers and scientists working in homeland security technology, stem cell research, clean technology, and the lawyers who advise them.

Panelist: TBA
 * This is a complimentary program

8:30 am – 10:00 am
CLE: Arming for the Cleantech Revolution: The United States Prepares Landmark Federal and State Legislation to Save the Climate and the Economy
Moderator: Kenneth J. Markowitz, Senior Counsel, Akin Gump Strauss Hauer & Feld, Washington, DC
Co-Moderator: Susan H. Mac Cormac, Partner, Morrison & Foerster, San Francisco, CA

The Cleantech and Climate Change Committee (CTC3) will lead a discussion on federal and state legislation designed to lower the greenhouse gas emissions, stimulate the economy, and strengthen our energy independence.  The panelists will explore the risks, opportunities and interrelationships among federal assistance, in the form of loan guarantees, tax incentives and grants, low carbon fuel standards, renewable portfolio standards, cap and trade schemes, and energy efficiency, to implement clean tech projects and finance technological innovation.  In addition, they will examine the Obama Administration’s first six months with regards to implementation of its national energy policy, in conjunction with the efforts in the House and Senate and in the states and regions across the country.
The experts will provide a timely and unique look into new and potentially revolutionary energy and environmental laws that will significantly impact our domestic economy and relationships with trading partners abroad. Finally, the panelists will speculate on the potential success and failures of these policies in the short term jump starting the economy and in the long term responding to the tremendous mitigation and adaptation challenges of climate change.

Panelist: Jeff Cohen, U.S. Environmental Protection Agency and California Air Resources Board, Washington, DC and San Francisco, CA ; Cara Horowitz, Executive Director, UCLA’s Emmett Center on Climate Change, Los Angeles, CA; Michael Wara, Law Professor and Research Fellow, Stanford’s Program on Energy and Sustainable Development, Stanford, CA

10:30 am -12:00 pm
CLE: Presidential Showcase Program: Seven Secrets Every Lawyer Must Know to Thrive, Even in a Recession
Presenter: Julie A. Fleming, Founder, Life at the Bar LLC, Atlanta, GA   

2009 is shaping up to be a red-ink year for lawyers and law firms.  Thousands of lawyers nationwide have been laid off, and the lawyers who remain are learning to cope with less support following thousands more staff layoffs.   But there’s another side to this story.  Not all lawyers or law firms are suffering.   Some are holding their own… And some are thriving.  How can you learn to thrive as a rainmaker, as a lawyer just starting a practice, or as a job candidate, even in this unprecedented economic climate?  Learn top strategies for success now, including:

●  How to distinguish yourself from other lawyers without even opening your mouth
●  What you must do to make your networking successful (or you may as well not bother networking at all)
●  Why the things you’ve done in the past aren’t working well in today’s economic climate – and what to do instead
●  How to discover what your clients really want now
●  How to invest your time and resources wisely so you’ll emerge from the downturn stronger than ever before

2:00 pm – 3:30 pm
CLE: Technical Standards Issues in Business Transactions
Moderator: Jorge L. Contreras, Partner, WilmerHale, Washington, DC

Issues related to technical standards were once addressed primarily by intellectual property lawyers.  Today, however, legal issues relating to technical standards are arising in an increasing number of business transactions including mergers and acquisitions, licenses and joint ventures.   For example, what due diligence is necessary when acquiring a company involved in standards development?  To what degree are commitments made during the standards development process transferable to a successor company or acquirer. How do standards affect a company’s ability to grant licenses?  How can joint R&D be conducted when standardized technologies are involved, and what happens when transactions cross national borders?  This panel of leading standards experts will cover the impact of standards issues in business transactions.

Panelist: Pamela Deese, Partner, Arent Fox LLP, Washington, DC; Michele Herman, Partner, Woodcock Washburn LLP, Seattle, WA; Stéphane Tronchon, Legal Counsel, IPR Policy and Compliance, Qualcomm, Inc., Paris, France

3:45 pm - 5:15 pm
CLE: The Future of Evidence: Neuroscience and its Use in the Courtroom
Moderator: Cynthia H. Cwik, Partner, Latham and Watkins LLP, San Diego, CA

Neuroscience is finding its way into courtrooms in areas as diverse as termination of life support, capital punishment, child witness capacity, and sentencing.  This program will examine the science, trends in admissibility and use, and areas for concern.

Panelist: Jordan Grafman, Chief Cognitive Neuroscience Section, National Institute of Neurologic Disease and Stroke, National Institute of Health, Bethesda, MD; Ken A. Paller, Director of the Cognitive Neuroscience Program, Northwestern University, Evanston, IL; Carter Snead, Associate Professor, Notre Dame School of Law, Notre Dame, IN


2:00 pm – 3:30 pm
CLE: Copyright, the DMCA and User Generated Content: Is Universal Records, Inc. v. Veoh the Beginning or the End of Litigation in this Area?
Moderator: Ian C. Ballon, Shareholder, Greenberg Traurig LLP, Silicon Valley and Los Angeles, CA

This program will analyze digital copyright law, the DMCA and cases presently in litigation involving user generated content focusing on potential splits in the circuits and areas where the law is unclear.  The program will include a panel featuring in-house lawyers from entertainment companies, such as a record company or motion picture studio, and a service provider, such as Veoh or YouTube, and will include interactive presentations and discussions.

Panelist: TBA

3:45 pm – 5:15 pm
CLE: Personal Versus Professional:  Handling Employee Participation in On-Line Communities
Moderator:   K. Krasnow Waterman, Law TechIntersect LLC, Tucson, AZ

The line between personal and professional life is increasingly hard to discern, and the emergence and prevalence of on-line communities, including virtual worlds, social networking sites, bulletin boards, and blogs, raise difficult questions for employers: What limits should be placed on employee participation in on-line communities?  Should employers consider regulating participation by employees during their personal time, or just when in the office?   What actions can employers take against employees who violate participation guidelines?  And, can employers ever be liable as a result of their employees’ personal on-line conduct?  This panel will address these questions and more.

Panelist: Robert Blackstone, Partner, Davis Wright Tremaine LLP, Seattle, WA; Cristina Burbach, Director of Security Policy, The Nielsen Company, Washington, DC; Charles Lee Mudd Jr., Principal, Mudd Law Offices, Chicago, IL; Stephen Mortinger, VP and Associate General Counsel, IBM Systems and Technology Group, Somers, NY