April 25, 2019

TIPS Programs Audio Library

This listing of the American Bar Association Tort Trial and Insurance Practice Section archived teleconferences/audio webinars is offered complimentary for your listening pleasure.

Please note these recorded products are not approved for continuing legal education (CLE) accreditation. You will not receive CLE credit for participating.

If a topic of interest is not listed, please check our calendar for upcoming programs.

 

2020 Recordings

Member Monday, Webinar Series and Podcasts

January 14, 2020
Healthy and Disability Committee: Unique Issues Top Hat Plan Litigation
 

Sponsored by the Health and Disability and Insurance Law Committee

Sherril Colombo and Adam Garner, Chair and Chair-Elect for the Health and Disability Committee, discuss evolving non-qualified pension plan litigation issues. The podcast discussion includes claims arising from the termination of Top Hat Plans, standard of review arguments, actuary and other discovery, section 502(a)(3) alternative relief claims and remedies.

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2018 Recordings

Member Monday Teleconference/Webinar Series

February 5, 2018
How Small Firms Can Operate Effectively and Ethically Through Technology & Better Understand, Serve and Protect Their Clients 
Sponsored by the Solo and Small Firm Task Force and the Cybersecurity and Data Privacy Committee
Modern practice is changing and the challenges solo and small firms face are more complex than ever. The ever-present challenge of balancing the practice of law with running your business has only increased. The influx of technology has added even more pressure to small law firms with greater demands on security, adequate business procedures, greater efficiency, marketing, and meeting client demands. This webinar will discuss unique challenges and client expectations small firms face and overcome to delivery optimal client service, how to build strong reputations and gain referrals and tactics successful small firms use to become more responsive.

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2017 Recordings

Member Monday Teleconference/Webinar Series

October 23, 2017
Disaster Claims Recovery: What Claimants and Their Lawyers Should Know 
Sponsored by the Dispute Resolution Committee
This webinar discussed first steps (insurance and other claims) after a disaster; factors to consider in structuring and choosing claim resolution alternatives; and methods used to resolve single, mass and multiple-claimant matters.

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September 27, 2017
Medical Liability Reform: What to Expect from the Trump Administration and the 115th Congress in 2017 
The panelists, who represent a broad range of experts in the medical liability field representing the plaintiff’s bar, the defense bar, healthcare providers and medical malpractice insurance companies, will examine key elements of the tort reform proposals contained in H.R. 1215, the 2018 Budget Proposal and other tort reform proposals under consideration.

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August 7, 2017
eDiscovery Processes & Procedures: The “Know-How” with the “How-To” 
Sponsored by the Business Litigation Committee
This program will provide insight into the current state of technology in eDiscovery and will provide practical guidance around questions and issues that arise at any stage of eDiscovery.

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July 25, 2017
Immigration Law Update for Employment Lawyers and Corporate Counsel 
Sponsored by Employment and Labor Law Committee
Panelists addressed recent developments in immigration law effecting employers and foreign nationals.

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June 14, 2017
The Surety’s Application to Compel the Deposit of Collateral Under the General Indemnity Agreement 
Sponsored by Fidelity & Surety Law Committee
This webinar explained and examined the concepts underlying collateral deposit, and provided an analysis of the traditionally positive case law and why we have seen a recent rise in adverse decisions.

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June 12, 2017
Ethical Dilemmas in Representation of Business Clients, Inside and Out
Sponsored by the Business Litigation Committee
The webinar discussed ethical dilemmas for both in-house and outside counsel in representing business clients. The program walks through potential ethical dilemmas that an attorney might face in a hypothetical (bad) day.

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April 3, 2017
Getting the Devil out of the Details: Ethical Technology Solutions for Practice Management Problems
Sponsored by the Business Litigation Committee
Description: This session addressed how technology can take some of the stress and risk out of tasks like document management, time tracking, cloud computing, and legal billing.

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Committee Regional CLE Programs

January 26, 2017
Insurance Coverage for Product Liability Claims
Sponsored by the Insurance Coverage Litigation Committee
Description: This valuable and complimentary one-hour presentation by leading coverage and product liability attorneys discussed the role that insurance plays in attempting to resolve product liability claims and the key issues involved in determining whether a product liability claim is covered.

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2016 Recordings

Member Monday Teleconference/Webinar Series

December 5, 2016
Insurance Defense Counsel: Confidentiality and Sharing of Information

This presentation examined ways for defense counsel to comply with obligations to all parties and how to proceed when that is not possible. It examined and critiqued ABA Ethics Opinion 08-450

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June 13, 2016
Windows of Opportunity: Avoiding Technology Traps in Your Practice

This session explored the technology related amendment to the Model Rules of Professional Conduct recently adopted as a result of the work of the ABA Commission on Ethics 20/20 and how you can avoid potential traps and pitfalls.

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August 22, 2016
Transgender Issues in the Legal Professional and their Impact on Diversity and Inclusion

This session discussed issues relating to employment law and implicit bias impacting the transgender community

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October 5, 2016
Handling Business Tort Cases

Business Torts can be the key to winning your business lawsuit. Why settle only for a contract claim? Add firepower to your lawsuit with the techniques our panelists will provide. Our panelists are the authors of “Handling Business Torts Cases” recently published by Premier Section Sponsor Thomson Reuters.

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February 8, 2016
Important Cybersecurity and Insurance Issue Facing Law Firms, Large and Small, in 2016

Law firms are targets for cyber mischief. Criminals know law firms possess large troves of precisely the kind of data that they seek: protected personal data and sensitive corporate data-together with, at least potentially, relatively lax cybersecurity as compared with their clients. Cyber insurance can play a vital role in a law firm’s overall strategy to address, mitigate, and maximize protection against cyber risk. And understanding the legal, regulatory and ethical framework is key. This panel of experts addressed these topics and others related to cybersecurity.

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Committee Regional CLE Programs

January 14, 2016
Defective Construction Claims: Why do Illinois Courts Treat Construction Companies Like Criminals?

Sponsored by Insurance Coverage Litigation Committee

Description: Illinois courts have been prolific in addressing whether damage caused by defective construction can be considered an “occurrence” or “accident”. The lively panel will examine the precedents behind the principles to debate and/or defend whether such cases should be covered by the CGL policy.

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2015 Recordings

Member Monday Teleconference/Webinar Series

How to Protect or Lose the Attorney-Client Privilege When an Insurer Defends Under a Reservation of Rights- December 7, 2015

When an insurer defends a third-party claim under a reservation of rights and pays for the policyholder’s personal defense counsel, are communications between the insurer and personal counsel privileged as to the third-party plaintiff? Our experts will review this question in-depth as well as issues concerning the defense of the claim, coverage and the insurer’s claim file.

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The Secret to Your Success: Understanding the Scope and Limitations of Attorney-Client Privilege and Work Product Doctrine- October 5, 2015

Our TIPS Trial Techniques Committee and our premier section sponsor Thomson Reuters and their Practical Law Team along with distinguished expert panelist provided an interactive review of confidentiality, attorney-client privilege and effective communication.

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The ABC’s of Beginning Your Law Career-August 10, 2015

The panel address what every young associate and law student should know. The presentation includes tips to help law students and attorneys in their first five years of practice become a lawyer of the highest caliber.

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Practicing Civility and Constructive Ways to Deal With Those Who Don’t- June 8, 2015

Most courts and many bar associations have adopted civility codes. Whether those codes have made a difference is questionable as lawyers and litigants report that they encounter incivility in the profession. The TIPS Standing Committee on Ethics & Professionalism provided practical strategies for dealing with the poor behavior of others involved in the litigation process.

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Why It Works and Why It Matters: The Business Case for Diversity – April 6, 2015

The TIPS Diversity in the Profession Committee examined and reviewed the business case for diversity in the legal work force including the current state of diversity, the impact of inclusion initiatives and how the culture of a diverse work-force directly impacts firms and companies.

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Communicating with an Insured Client: Ethical Duties and Practical Considerations - February 9, 2015

An insurer’s claim management objectives include fact investigation, assessment of coverage, claim resolution, and preservation of recovery rights, all while remaining mindful of possible subsequent litigation. Patricia Thompson, Megan Manogue, and Peter Hilbert will discuss best practices and guide you through practical and ethical issue, from the perspectives of claims professionals and outside coverage counsel.

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Committee Regional CLE Programs

January 15, 2015
Claims Against Lawyers: Insurance Coverage Issues

Sponsored by the Insurance Coverage Litigation Committee

Law firms rely on their professional liability policies to protect them against a wide range of alleged errors and omissions. But does the law firm realize that its own actions can create potential coverage defenses. What are the ramifications for giving notice of circumstances, or not? What activities fall outside coverage? What are the most challenging insurance coverage issues facing law firms and their insurers? The panel addressed these questions from the perspective of the law firm risk manager, the Policyholder’s coverage lawyer, the Insurer and the Insurer’s coverage lawyer.

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Materials

2014 Recordings

Member Monday Teleconference/Webinar Series

 

Communicating with an Insured Client: Ethical Duties and Practical Considerations - December 8, 2014

When appointed by an insurer to defend an insured, what must counsel tell the insured about the representation, and how should counsel best establish and maintain a trusting relationship with the insured?

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Current Issues in Asbestos Litigation - Sponsored by the Products Liability Committee - October 6, 2014

The experts at handling asbestos cases cover the latest developments in this national litigation. Learn the most recent updates in the law regarding experts who rely on the “every exposure counts” of causation. Find out the latest in the Garlock bankruptcy litigation and what you need to know to represent your clients effectively given the ever-changing landscape regarding bankruptcy trusts. Get an update on the recent increase in lung cancer cases and how to handle these cases successfully.

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Reaching for the Intersection of Product Stewardship, Green Chemistry, and Nanotechnology: A Practical Update Sponsored by the Toxic Torts & Environmental Law Committee - August 4, 2014

Our scientific experts covered the latest developments in product stewardship, green chemistry and nanotechnology in Europe (EU REACH) and the U.S.

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Get Out of My Case: Making and Opposing Motions to Disqualify, Sponsored by the Ethics and Professionalism Committee - June 23, 2014

This webinar examined the practical, procedural, and tactical aspects of litigating disqualification motions, both on behalf of movants and respondents.

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The Ins and Outs of Interpreting and Applying D&O and E&O Policy Exclusions, Sponsored by the Insurance Coverage Litigation Committee - April 7, 2014

This program discussed the common issues and pitfalls related to typical D&O and E&O policy exclusions and the interpretation and application of such exclusions in coverage analysis and by the courts

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Cyber Crimes Claims, Sponsored by the Fidelity & Surety Law Committee - February 10, 2014

This panel of distinguished members of the industry addressed a myriad of important topics on the subject of cyber crime schemes.

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Committee Presentations Trending Topics

Appellate Costs Recoverable in the District Court, presented by Jesse Mondry (Jan. 2014)

Federal Rule of Appellate Procedure 39 provides that some appellate costs are taxed by the appellate court and others are taxed by the district court. Jesse Mondry (Maslon Edelman Borman & Brand L.L.P. in Minneapolis) discusses the recovery of appellate costs in the district courts, including the procedure, timing, and relief available.

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Challenges in Challenging Arbitration Awards, presented by David Wilson (Feb. 2014)

What if an arbitrator badly misses an arbitration agreement’s deadline for an award? What if an arbitrator makes serious errors in the law? What if you learn of undisclosed relationships between the arbitrator and opposing counsel? David Wilson (Hays McConn Rice & Pickering P.C. in Houston) discusses the preservation and merits of such issues.

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What Private Practice Litigators Should Know about State Solicitors General, presented by John Neiman (Mar. 2014)

U.S. Supreme Court litigants regularly seek the participation of the federal  Solicitor General, but this practice is not widespread in state high courts. John Neiman (Maynard Cooper & Gale P.C. in Birmingham), former Solicitor General of Alabama, discusses when and how private litigants might ask Solicitors General to opine about issues affecting states’ public policy and commercial interests.

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Committee Regional CLE Programs


March 27, 2014 ABA TIPS Live Program
When Policy Limits Are Not Enough: Dilemma for the Policyholder, Plaintiff and Insurer

Sponsored by the Insurance Coverage Litigation Committee

How often does a plaintiff have an opportunity to collaborate with an insured defendant, in order to pressure the defendant’s insurance company into settlement? What are the elements necessary to support an agreement to settle for the policy limits without the insurer’s consent? More critically, is there a strategy that would allow the plaintiff and defendant to agree to settle for more than the policy limits, to limit collection against the insurer only, and provide the defendant with a full release and covenant not to execute? What are the insurer’s defenses? This panel addresses these questions from the perspective of Plaintiff’s counsel, Insurer, and Policyholder.

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Materials 

 

2013 Recordings



February 21, 2013
Failed Bank Litigation

Sponsored by the Professional’s Officers’ and Directors’ Liability Committee

This program explores the various investigations and litigation that may ensure against the failed institution and its directors and officers, as well as any bank holding company.

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February 27, 2013
Dangerous Dogs Update: Litigation, Legislation and Liability

Sponsored by the Animal Law Committee and Staff Counsel Committee

Our legal experts provided an update on dangerous dogs laws recently passed and cases decided that have change the legal landscape.

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May 22, 2013
Successfully Litigating Your Case Against An Experience Trucking Attorney

Sponsored by the Commercial Transportation Committee

This program explores the different battles practitioners are likely to handle when dealing with an experienced trucking lawyer versus a lawyer who treats the trucking case like a car wreck.

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September 17, 2013
Using Excel in Complex Insurance Claims

Sponsored by the Insurance Coverage Litigation Committee

This valuable webinar explains the basic contours of using spreadsheets in data-driven coverage decisions.

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December 5, 2013
The Surety and Fidelity Carrier’s Ethical Obligations in Responding to Request for the Production of Documents

Sponsored by the Fidelity & Surety Law Committee

The esteemed panelists focus on the legal and ethical considerations in responding to discovery requests and in protecting privileged documents and information from disclosure.

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2012 Recordings

July 10, 2012 ABA-TIPS Webinar
The Aftershocks of the Supreme Court Ruling on the Patient Protection and Affordable Care Act (PPACA)

Sponsored by the Federal Involvement in Insurance Regulation Modernization and Health Care Reform Task Force

The program address the arguments debated before the Court, explained the reasoning behind the Justices’ ruling and focused on how the decision will affect the health insurance industry, employers, state governments, benefits professionals, and individual Americans’ health care decisions

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Materials 

October 23, 2012 
Medicare: Key Insights from Both the Plaintiffs and Defense Bar on How to Ensure Compliance with the New Medicare Reporting Requirements

Sponsored by the Automobile Law Committee

Our distinguished speakers will offer practical tips and updates on the most significant decisions, highlight some of the cases that are pending but worth watching and set out some practical tips on what to do to ensure that your clients interests are protected.

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October 23, 2012 
Recovery of Consequential Damages Resulting from an Insurers’ Breach of Contract: Bi-Economy Market and Beyond

Sponsored by the Property Insurance Law Committee

This program discussed the seminal New York case of Bi-Economy Market v. Harleysville, which allowed recovery of consequential damages for an insurer’s breach of contract.

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December 11, 2012 
Ethics of Joint Representation of Sureties and Principals

Sponsored by the Fidelity & Surety Law Committee

Our esteemed panel discussed the ethical and legal issues the surety should consider, and how to avoid the common pitfalls in concurrent representation.

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2011 Recordings

December 8, 2011 ABA-TIPS Webinar 
Keys to Managing Green Construction Risks, Liability and Litigation 

Sponsored by the Fidelity & Surety Law Committee

This audio webinar will focus on the key concerns and solutions to the ever-changing green construction culture.

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Materials 
Nov 17, 2011 ABA-TIPS Teleconference
The Government Perspective: The Implementation and Enforcement of the North America Emission Control Area (ECA)

Sponsored by the Admiralty & Maritime Law Committee, Co-Sponsored by the Toxic Torts & Environmental Law and Government Law Committees

The panel will provide valuable insight and information for anyone that may be impacted by the implementation of the North America Emission Control Area.

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Materials 

September 19, 2011 ABA-TIPS Teleconference
Employment Issues When Disaster Strikes

Sponsored by the Employment Law Committee

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Materials 
September 16, 2011 ABA-TIPS Teleconference
September 11, 2001 Terrorist Attacks: Duties of Corporate Directors and officers in the Preparation and Execution of Disaster Avoidance and Recovery

Sponsored by Professionals’ Officers’ and Directors’ Liability Committee

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Materials 

September 15, 2011 ABA-TIPS Teleconference
The Silverstein Properties Trial and the Issues of Contract Certainty in the Aftermath of September 11, 2001

Sponsored by Excess Surplus Lines and Reinsurance Committee

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Materials 

September 14, 2011 ABA-TIPS Teleconference
Changes in Insurance Underwriting and Claims Handling Since 9/11

Sponsored by Insurance Coverage Litigation Committee

Listen 
Materials 

September 6, 2011 ABA-TIPS Teleconference
TIPS Initiative on Disaster Preparedness & Response September Teleconference Series
The Call: Aviation Disaster Preparedness and Crisis Response


Sponsored by the Aviation Law Committee

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Materials 

June 29, 2011 ABA-TIPS Teleconference
Anatomy of the Mortgage Trial Part 2; Trial and Post-Trial Phases

Co-Sponsored by the Business Litigation, Corporate Counsel and Appellate Advocacy Committees

The second part of this two-part series will focus on the trial and post-trial phases of mortgage-related litigation and provide valuable insight from our panel that possesses a wealth of practical experience in navigating the often complex relationships between lenders and borrowers.

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Materials

June 25, 2011 ABA-TIPS Teleconference
Anatomy of the Mortgage Trial Part 1; Pre-Trial Phase of Mortgage Related Litigation

Co-Sponsored by the Business Litigation, Corporate Counsel and Appellate Advocacy Committees

The first part of this two-part series, which will focus on the pre-trial phase of mortgage-related litigation and provide valuable insight into the process from pre-trail practices, early exit strategies and developments of a successful case.

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Materials 

June 9, 2011 ABA-TIPS Teleconference
Baby Steps or Seismic Shifts? Recent Developments in Toxic Tort Law

Sponsored by Toxic Tort & Environmental Law Committee

Our panel will discuss the latest trends and decisions from various jurisdictions, including the most recent Supreme Court cases, as well as provide a general overview of the basic concepts and legal standards to keep practitioners abreast of the current trends.

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Materials 

January 25, 2011 ABA-TIPS Teleconference
Hot Topics in Media Law: Recent Developments in Defamation, Privacy and the Internet

Sponsored by Media, Privacy and Defamation Law Committee, Co-Sponsored by the ABA Forum on Communications Law

Our panel of nationally-recognized media attorneys will discuss the latest trends and decisions from various jurisdictions, including the most recent Supreme Court cases, as well as a general overview of the basic concepts and legal standards concerning defamation and privacy in the new information age.

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Materials 

January 19, 2011 ABA-TIPS Teleconference
Medicare Liens: Clearing the Confusion: Who Is Responsible and When is it Necessary to Report to Medicare?

Cosponsored by: Media, Privacy and Defamation Law Committees: co-sponsored by the ABA Forum on Communications Law

Our panel of nationally-recognized media attorneys will discuss the latest trends and decisions from various jurisdictions, including the most recent Supreme Court cases, as well as a general overview of the basic concepts and legal standards concerning defamation and privacy in the new information age

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Materials 

2010 Recordings

September 28, 2010 ABA-TIPS Teleconference
Animal Rights and the Public’s Right to Know: Farmed Animal Welfare and Consumer Labeling Issues

Sponsored by Animal Law Committee and Co-Sponsored by the Government Law, Medicine and Law, Media, Privacy & Defamation Law and Products Liability Committees

Our panel of attorneys, professors and experts in the field will discuss:

1. Commercial speech and the role of liability for false advertising under Federal and State Law in the labeling of food products

2. The movement to promote more detailed labeling regarding animal welfare and to create verifiable compliance

3. What, if any, legal meanings are ascribed to terms such as “humane”, “cage-free”, free-range”, “natural”, and “organic” and how are they used in practice vis a vis animal welfare

4. The rapidly shifting world of scientific awareness and consumer perceptions regarding what constitutes satisfactory animal welfare, and its impact on producer’s ability to provide accurate labeling

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Materials

September 28, 2010 ABA-TIPS Teleconference
Director’s & Officers Strategies for Turbulent Times: Carrier’s Coverages & Costs for Companies in Transition

Sponsored by Self Insurers and Risk Managers Committee, Co-Sponsored by the Business Litigation and Insurance Coverage Litigation Committees

During this teleconference experienced experts with practical experience in managing management liability issues during corporate transition will discuss lessons learned and best practices for avoiding potential pitfalls and providing your clients with the cost effective alternatives in the current marketplace.

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Materials

September 23, 2010 ABA-TIPS Webinar
Deconstructing US v. Stevens: Animal Cruelty and Freedom of Speech

Sponsored by Animal Law Committee and Co-sponsored by ALDF and the ABA Forum on the Entertainment & Sports Industries

The program will describe the factual background of the US v. Stevens case and the difficulties in prosecuting the underlying criminal conduct.

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Materials