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Things You Should Know

Free Live Streaming of Two Showcase Panels. The Section will stream, live over the Internet, two stellar panels with an outstanding line up of speakers and moderators. On Friday, September 28, from 8:45 a.m. to 10:30 a.m. CDT, national leaders from the civil rights movement will discuss their personal experiences during milestone events of the ’50s and ’60s, as well as examine the role that lawyers played in the struggle for civil rights. Their panel discussion, Lessons in Leadership from the Civil Rights Movement, will take place at the ABA Section of Litigation Fall Leadership Meeting in St. Louis, MO. On Saturday, September 29, from 9:30 a.m. to 10:30 am CDT lawyers Rusty Hardin and Sam Adam Jr. will discuss their respective defenses of Major League Baseball’s Roger Clemens and former Illinois Governor Rod Blagojevich in their panel, Baseball, A Governor & Successful Trial Strategies in High Profile Cases. Both programs will be live-streamed. Register now to view either event live by clicking here.

Free CLE Teleconference for Section Members. Join us October 2 at 1:00 p.m. EDT for a free CLE Program titled Technology Amendments to the Model Rules: Answers to the Questions You Should be Asking. In August 2012, the ABA House of Delegates adopted changes to several Model Rules of Professional Conduct to address the growing role that technology is playing in the practice of law. This fast-paced program presented by John Barkett, Judith Miller, and Seth Row will walk you through the changes, identifying practical impact, and alert you to traps for the unwary. Model Rules to be address include 1.1 (competence), 1.4 (communication), 1.6 (confidentiality), 7.2 (advertising), and 7.3 (solicitation of clients).

Credit Hours: 1 CLE of Ethics

Registration:  Click here to register

Section Launches Landmark Website on Implicit Bias. To help combat implicit bias in the justice system, the ABA Section of Litigation’s Task Force on Implicit Bias has launched a landmark website offering critical information and resources for ABA members and other stakeholders. Conceived by former Section Chair Hilarie Bass, the Section’s innovative Implicit Bias Initiative is the first project (and the only, to date) devoted exclusively to educating lawyers, judges, and others about the pervasive implications and effects of implicit bias, which distorts the process and outcomes of civil and criminal cases, and inherently precludes “equal justice for all.” 

The centerpiece of the website is an edited version of a film by the Judicial Council of California, titled “The Neuroscience of Implicit Bias.” In addition, the website offers a virtual “toolbox” designed to help bar leaders, legal educators, judges, other justice system stakeholders and advocates present programming on implicit bias in their own communities. Other key elements of the website include a bibliography of select articles on the topic of implicit bias in the justice system, links to key websites, and more handy resources.

Focus on Class Actions

Our focus this month is class action.  Class actions raise special issues.  The Section has many resources to assist litigators practicing in this area. We have listed a sampling here. For access to much more, visit the Class Action Committee webpage.

Selected Resources:

Upcoming LIVE CLE Event:
16th Annual National Institute on Class Actions
October 24-25, 2012
Sax Chicago
Chicago, IL

Upcoming Events



Technology Amendments to the Model Rules: Answers to the Questions You Should be Asking
October 2, 2012

16th Annual National Institute on Class Actions
October 24-25, 2012
Chicago, IL

Women In Insurance Networking Conference
October 18, 2012
Washington, DC

The 7th Annual Chemical Products and Toxic Torts Regional Seminar
October 29, 2012
New York, NY

Women in Products Liability
November 15, 2012
Boston, MA

Energy Litigation Conference
November 15, 2012
Houston, TX
The Section’s Energy Litigation Committee is co-sponsoring the 11th Annual Energy Litigation Conference on Nov. 15, 2012, in Houston.  Committee members receive discounted registration. (Section members can join any number of committees at no charge.)

Pharmaceuticals & Medical Device
November 16, 2012
Natick, MA



Joint Committees CLE Seminar
January 31-February 2, 2013
Sheraton Steamboat
Steamboat, CO

ABA Midyear Meeting
February 6-12, 2013
The Hilton Anatole Hotel
Dallas, TX

Corporate Counsel CLE Seminar
February 14-17, 2013
Westin Diplomat Resort and Spa
Hollywood, FL

Insurance Coverage CLE Seminar
February 28-March 2, 2013
Loews Resort
Tucson, AZ

Section Annual Conference
April 24-26, 2013
JW Marriott Chicago
Chicago, IL

Trial Advocacy Video Tip

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As a new benefit of membership, each week the Section will post one short video tip from judges and experienced litigators.

Dean JoAnne A. Epps - Themes for any case

Dennis P. Rawlinson - Lessons to Simplify

Stephan Landsman - The Psychology Behind Themes

Dean JoAnne A. Epps - Opening Statement (Available September 24)

Next Month: Trial Advocacy
Laura Miller - Opening Statements         
Paul Sandler - Direct Examination
Lorna Schofield - Cross Examination
G. Marc Whitehead - Jury Trial Innovations

To view more Trial Advocacy Tips, visit the Section of Litigation YouTube Channel.




(Expert discussion on hot topics)

Section Committees are bringing you a new member benefit this year – free teleconferences with leading lawyers and judges on important issues within the committee’s area of expertise.  Check back here for listings.




Look for new committee newsletters in September from: Appellate; Employment; Energy; Corporate Counsel; Health; Children’s Rights; Minority Trial Lawyer.

Committee newsletters published in the last 30 days include: First Amendment & Media Litigation; Insurance Coverage; Young Advocates; Intellectual Property Litigation; Environmental Litigation, Securities

Sound Advice Audio

sound advice

Starting in September, the Section will post three podcast channels devoted to essential subjects for every litigator. On the first Monday of the month, we will post a podcast on ethics, the second Monday will be evidence, and the third Monday will be e-discovery/procedure. These podcasts are supplemented by substantive and procedural topics prepared by the Section’s committees. Please be sure to visit the library of Sound Advice podcasts here.

September 4 - ETHICS: Waiver of Privilege Michael Downey, Armstrong Teasdale LLP, St. Louis, MO.  From attorney-client privilege to work-product protection, you need to defend your client’s rights. Listen as ethics professor Mike Downey outlines how to fully protect your clients and avoid any potential waiver of these protections. (8:30 min.)

September 10 - EVIDENCE: Argue and Win Close Evidence Questions in Both Civil and Criminal Cases Professor Stephan Landsman, DePaul University College of Law, Chicago, IL.  Using Old Chief v. the United States evidence, professor Stephan Landsman lays out a road map for how to argue and win close evidence questions in both civil and criminal cases, as well as the establishment of a liberal policy for the admission of evidence. (11:39 min.)

September 17 - PROCEDURE/E-DISCOVERY: How Rule 54D Impacts the Costs Associated with E-Discovery
John Barkett, Shook, Hardy & Bacon, Miami, FL. As we know, Rule 54D allows certain costs to be taxed to the losing party. Listen as John Barkett explains how the rule applies to costs associated with e-discovery. (9:57 min.)

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