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Archive for '2018'

    Statement of Hilarie Bass, ABA president Re: Executive Order on separation of children at the border

    June 20, 2018 4:08 PM by glynnj

    WASHINGTON, June 20, 2018 — The American Bar Association is pleased that the administration has decided to stop the inhumane and untenable policy of separating immigrant children from their parents. We call on the government to expeditiously and efficiently reunite families and minimize any further harm to the children. The ABA pledges its full support in working within the legal community to make this happen.

    The executive order is a first step. Comprehensive and just immigration reform is still needed. The ABA opposes detention of noncitizens except in extraordinary circumstances and favors humane alternatives to detention that are the least restrictive necessary to ensure appearance in their immigration proceedings, including pre-hearing release and bond. It is not an either-or choice between separation and detention of families. Families should not be detained unless there is some individualized determination of flight or security risk.

    If families are detained, clear standards are needed that allow visits by independent observers and friends and family. Detainees also should receive legal information explaining the process and their rights.

    In addition, asylum seekers legally approaching ports of entry should not be turned away or told to return later. Our country has the obligation to accept legal asylum seekers and not force them to try to enter the country illegally or face other dangers as they wait for entry.

    In addition, the ABA supports the appointment of counsel at federal government expense to represent all indigent persons in removal proceedings.

    The ABA is committed to defending liberty and advancing the rule of law as well as protecting our borders. We ask that all officials exercise restraint and a common-sense approach centered on true public safety when it comes to arrest and deportation and we call on everyone involved in the process to be treated with dignity and respect.

    If you are a lawyer and want to volunteer, donate or help in any way, the ABA has a resource page with information here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA to hold summit at Northwestern Law School on women’s long-term legal careers

    June 19, 2018 2:30 PM by glynnj

    WASHINGTON, June 19, 2018 — Distinguished women lawyers from around the country will gather at Northwestern University Pritzker School of Law in Chicago on June 28 to discuss a problem that has affected the legal profession for decades — experienced women leaving the legal profession in substantial numbers.

    What:  
    The National Summit on Achieving Long-Term Careers for Women in Law
    Sponsored by the American Bar Association

    When: 
    Thursday, June 28

    Where:
    Northwestern Pritzker School of Law
    375 East Chicago Avenue
    Chicago, IL 60611

    The agenda builds on a previous summit held at Harvard Law School in November, which examined the unique issues and career dynamics facing women lawyers in practice for over 20 years and the reasons for their disproportionately high rate of attrition.

    Statistics show that for more than 25 years, close to half of law school graduates have been women and that they enter the profession at the same rate as men. However, gender differences quickly emerge. Only 41 percent of firm lawyers age 40 or older are women, and their numbers continue to shrink. Among lawyers who are 50 or older, just 27 percent are women. In addition, few of these women move into law firm leadership. While women constitute 45 percent of associates in the entering classes of U.S. big law firms, they make up only about 25 percent of partners and a mere 19 percent of equity partners.

    The summit will report on preliminary findings of surveys, focus groups and research conducted since the previous summit.  

    “Based on the ABA’s groundbreaking focus on this troubling trend, a clearer picture has emerged to explain why so many women lawyers are leaving the profession in what should be the prime of their career,” said ABA President Hilarie Bass, who has made this issue one of the signature initiatives of her presidential term. “Issues surrounding business-generation credit, women being treated as tokens for diversity purposes, success fatigue as well as sexual harassment are all factors. This is a huge loss of talent and expertise to the legal profession and to our justice system that we cannot afford. This summit will be a big step toward changing the current trend.”

    The summit will begin at 1 p.m., with Bass giving welcoming remarks. Kimberly A. Yuracko, Judd and Mary Morris Professor of Law and incoming dean of Northwestern Pritzker School of Law, will also speak. They will be followed by the initiative’s co-chairs: Roberta D. Liebenberg, senior partner, Fine Kaplan & Black, RPC in Philadelphia and past chair of the ABA Commission on Women; and Stephanie A. Scharf, partner, Scharf Banks Marmor LLC in Chicago and chair of the ABA Commission on Women.

    Plenary sessions open to media:

    “Plenary 1: What Have We Learned? What Can We Do?” — This session will offer the first report on research about long-term careers for women lawyers and recommended best practices. The results address women’s reports that they have been denied access to business development opportunities because of their gender, among other issues. The panelists include Paulette Brown, past ABA president and a partner at Locke Lord LLP; Roberta Liebenberg; Stephanie Scharf; and Joyce Sterling, senior researcher, ABA Presidential Initiative on Achieving Long-Term Careers for Women in Law; professor of legal ethics and legal profession, University of Denver Sturm College of Law.

    1:15-2:15 p.m.

    “Plenary 2: Men in the Mix” — This session will focus on the value and roles of men for fostering long-term careers for women lawyers. Alan Bryan, senior associate general counsel, Walmart, Inc., will moderate a panel including Alex Dimitrief, senior vice president of GE, president and CEO of GE Global Growth Organization; Gregory B. Jordan, general counsel and chief administrative officer, PNC; and Andrea Zopp, president and CEO of World Business Chicago.

    2:30-3:40 p.m.

    Go here to learn more about the ABA’s Achieving Long-Term Careers for Women in Law Initiative.

    To register as a member of the media, please contact Priscilla Totten at 202-662-1094 or Priscilla.Totten@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA offers experts to discuss U.S. Supreme Court ruling on gerrymandering

    June 18, 2018 10:00 AM by glynnj

    WASHINGTON, June 18, 2018 — The American Bar Association can refer news reporters interested in talking to legal experts about the U.S. Supreme Court ruling on gerrymandering.

    Please contact Jennifer Kildee at 202-662-1732 or at Jennifer.Kildee@americanbar.org for more information on experts available to the media.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    American Bar Association announces 2018 Margaret Brent award recipients

    June 18, 2018 9:12 AM by glynnj

    WASHINGTON, June 18, 2018 — The American Bar Association Commission on Women in the Profession has chosen five women lawyers to receive its 2018 Margaret Brent Women Lawyers of Achievement Award. The award ceremony luncheon will take place on Sunday, Aug. 5, at the Hyatt Regency Chicago during the ABA Annual Meeting. 

    The honorees are:

    Patricia K. Gillette was a top-rated employment lawyer and litigator for 40 years before resigning her partnership at Orrick, Herrington & Sutcliffe in 2015 to pursue her passion as an author and public speaker. Gillette joined Judicial Arbitration and Mediation Services, Inc. in September 2016, and now mediates employment-related cases. In 2006, Gillette co-founded the Opt-In Project, a nationwide initiative promoting the retention and advancement of women in the workplace. She has been a member on the ABA Commission on Women in the Profession and the ABA’s Gender Equity Task Force, as well as co-chair of the Bar Association of San Francisco’s No Glass Ceiling Initiative. In recognition of her work to advance women in the profession, Gillette has received several awards, including the ABA Golden Hammer Award, the California Women Lawyers Association’s Fay Stender Award and the Barristers Association of San Francisco Award of Merit.

    Eileen M. Letts is a partner at Zuber Lawler & Del Duca LLP. Prior to her private practice, Letts served as assistant corporate counsel for the city of Chicago and as a staff attorney on the Chicago Housing Authority. As a young lawyer, Letts served as chair of the Young Lawyers Section of the Chicago Bar Association, the first African-American to hold the position. She serves on the ABA advisory council for the presidential initiative, Achieving Long-Term Careers for Women in Law. During her six years of service to Chicago, Letts represented the city in a number of high-profile cases before joining private practice at Jones Ware & Grenard in the late 1980s. She co-founded Greene and Letts in 1990, and after 26 years, the firm joined forces with Letts’ current firm, Zuber Lawler & Del Duca LLP, gaining a national presence and new capabilities.

    Consuelo B. Marshall is a senior U.S. district judge of the United States District Court for the Central District of California. She began her career as a deputy city attorney in Los Angeles, the first woman ever hired as a lawyer by the Los Angeles city attorney’s office. After joining the private practice firm Cochran & Atkins in Los Angeles during the 1960s, she decided to pursue a career on the bench, serving as a juvenile court commissioner and a judge for the Inglewood, Calif., municipal court, through the late 1970s. Marshall was appointed to the United States District Court for the Central District of California in 1980 by President Jimmy Carter. In 2001, she became the first woman to serve as chief judge of the Central District of California. She has served on committees for the Ninth Circuit, the Federal Bar Association and the Association of Business Trial Lawyers. She is also an active member of the International Association of Women Judges and currently serves on the RAND Institute for Civil Justice Board of Overseers and as a board member of Equal Justice Works.

    Cynthia E. Nance is the director of pro bono and community engagement at the University of Arkansas School of Law. In 2006, Nance became the first woman and the first African-American dean of the University of Arkansas School of Law, and the first woman law school dean in the state of Arkansas. She is the Eighth Circuit member of the ABA Standing Committee on the Federal Judiciary and represents the ABA Labor and Employment Law Section in the House of Delegates. In 2012, the Arkansas Supreme Court appointed Nance to the Arkansas Judges and Lawyers Assistance Committee and she remains a current member of that group. She has been a scholar-in-residence at University of Iowa College of Law and Washington University School of Law. Her professional work has been published by the Iowa Law Review, Berkeley Journal of Employment and Labor Law and many other publications.

    Tina M. Tchen is a partner at Buckley Sandler in Chicago. Tchen has successfully argued before the United States Supreme Court on behalf of the state of Illinois and has handled complex civil litigation and enforcement matters both in state and federal courts in Illinois and across the country. Prior to joining Buckley Sandler in 2017, Tchen served as an assistant to President Barack Obama, executive director of the White House Council on Women and Girls, and chief of staff to First Lady Michelle Obama. She is a leader of Buckley Sandler’s Workplace Cultural Compliance Practice and guides companies in approaching cultural compliance issues.

    The ABA Margaret Brent Women Lawyers of Achievement Award, established in 1991, honors outstanding women lawyers who have achieved professional excellence in their area of specialty and have actively paved the way to success for others. The award is named for Margaret Brent, the first woman lawyer in America.  Brent arrived in the colonies in 1638, and was involved in 124 court cases in more than eight years, winning every case. In 1648, she formally demanded a vote and voice in the Maryland Assembly, which the governor denied. 

    Previous winners range from small-firm practitioners in Alabama and Alaska to U.S. Supreme Court Associate Justices Sandra Day O’Connor and Ruth Bader Ginsburg. Winners are selected on the basis of their professional accomplishments and their role in opening doors for other women lawyers.

    Stephanie Scharf, chair of the ABA Commission on Women in the Profession, said of this year’s Brent winners: “We are honored to recognize this spectacular group of women. We applaud their achievements, knowing that their efforts will inspire a new generation of women lawyers.”

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA Government and Public Sector Lawyers Division announces 2018 award recipients

    June 14, 2018 7:18 AM by glynnj

    WASHINGTON, June 14, 2018 — The American Bar Association Government and Public Sector Lawyers Division (GPSLD) has chosen the recipients of its 2018 Dorsey, Hodson and Nelson Awards.  The annual awards are for outstanding work in the government and public sector.

    The awards will be presented at the General E. E. Anderson Awards Reception on Friday, Aug. 3, from 3:30 - 5 p.m. at the Renaissance Chicago Hotel (Cloud Gate Ballroom 5) during the ABA Annual Meeting in Chicago.

    The Dorsey Award honors an outstanding public defender or legal aid lawyer. The Hodson Award recognizes an outstanding government or public sector law office. The Nelson Award recognizes the outstanding contributions to the ABA by an individual government or public sector lawyer.

    Janet M. Coulter, GPSLD chair, says of this year’s winners: “These national award winners represent public service at its best. Public lawyers across the country work hard to improve people’s lives and represent the needy. We are so happy to highlight their outstanding achievements.”

    The recipients are:

    Dorsey Award:

    Deborah Katz Levi is the director of Special Litigation, Baltimore City Felony Trial Division of the Maryland Office of the Public Defender. Levi has worked to repair confidence in Baltimore City’s criminal justice system after the Freddie Gray incident, the findings that led to the U.S. Department of Justice and Baltimore entering a consent decree and the criminal conviction of eight Baltimore City police officers. Levi seeks transparency in the criminal justice system through the disclosure of discoverable Baltimore Police Officers’ Internal Affairs Department records. Her work with the Baltimore City Police Department to create a streamlined discovery process ensures that criminal defendants’ rights are protected.

    Hodson Award:

    The Military Commissions Defense Organization (MCDO) provides zealous representation for detainees accused of terrorism and war crimes and advocates for the application of fundamental Constitutional guarantees to the Guantanamo Bay military commissions. MCDO lawyers have experienced extraordinary challenges including: establishing functioning attorney-client relations due to cultural and language barriers; communicating with clients located in another country and who are subject to strict government policies regarding communicating with counsel; and litigating lengthy, complex trials including many capital cases, involving millions of pages of discovery and defense investigations in locations across the world. The work of the MCDO defense team has resulted in a significant number of dismissals and legal victories regarding the Appointments Clause of the Constitution, the Ex Post Facto Clause and the government’s burden of proof in establishing jurisdiction in Guantanamo Bay.

    Nelson Award:

    Denise R. Avant, a visually impaired lawyer and former Cook County Illinois assistant public defender, began her service to the ABA in 2012 as a member of the ABA Commission on Disability Rights. She currently serves as a liaison to the Commission from the ABA Center for Racial and Ethnic Diversity. In 2017, Avant was appointed to serve in the ABA House of Delegates, the policy making body of the association. Avant has worked her entire career to ensure that disadvantaged people had a voice in our justice system. A highlight of her work includes her involvement in producing the video “Hidden Injustice: Toward a Better Defense.” It advised America’s public defenders and defense attorneys on the impact of implicit bias and the necessary steps to combat it. Avant is currently President of the National Federation of the Blind of Illinois.

    The GPSLD’s National Awards are designed to recognize the extraordinary achievements of government lawyers and to inform the public about the outstanding work performed and the positive impact made by our nation’s public lawyers. Winners are selected based on their professional accomplishments and their role in ensuring access to justice.

    The 9,300 member ABA Government and Public Sector Lawyers Division provides programs, publications, and online resources specifically designed for government, public sector and military lawyers, as well as interested law students.

    There is no charge for media covering this event. To register, please contact Betsy Adeboyejo at 202-662-1039 or Betsy.Adeboyejo@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Jobs and education hot topics to be featured at ABA disability rights conference

    June 14, 2018 6:45 AM by glynnj

    WASHINGTON, June 14, 2018 —  Experts from the U.S. Departments of Education and Justice, the Equal Employment Opportunity Commission, and leading disability rights attorneys, advocates, and educators will convene at the American Bar Association’s 5th National Conference: Disability Issues in Employment and Education Law, on Friday, June 22 in Philadelphia to explore questions involving persons with disabilities and their rights arising in employment and education law contexts.

    Approximately one in five Americans has a disability, making persons with disabilities the largest minority group in the United States. Despite achievements through advocacy and legislation, people with disabilities continue to face challenges and encounter barriers to obtaining an education and getting a job. The unemployment rates of people with disabilities is almost double that of those without disabilities, and students with disabilities graduate high school and college at significantly lower rates than students without disabilities.

    What:
    5th National Conference: Disability Issues in Employment and Education Law
    Presented by the ABA Commission on Disability Rights

    When:
    June 22, 2018

    Where:
    Pennsylvania Bar Institute
    100 Penn Square East
    Wanamaker Building
    Suite 1010
    Philadelphia, PA 19107

    The opening session, “Federal Government Enforcement of Disability Rights,” will be a highlight of the conference. Speakers include Rebecca B. Bond, chief, Disability Rights Section, Civil Rights Division, U.S. Department of Justice; Johnny Collett, assistant secretary, Office of Special Education and Rehabilitative Services, U.S. Department of Education; Debra M. Lawrence, regional attorney, Philadelphia District Office, EEOC; and Frank Lopez, deputy assistant general counsel, Division of Educational Equity, Office of the General Counsel, U.S. Department of Education. The session will be moderated by Marc Maurer, director of legal policy at the National Federation of the Blind. These experts will discuss initiatives, policy and enforcement efforts by federal agencies in employment and education as they relate to persons with disabilities.

    Program topics will include:

    • Workplace safety and direct threat
    • The rise of retaliation claims by workers with disabilities
    • Employee leave and the interplay between the ADA and FMLA
    • Recent disability employment law decisions
    • Working with experts to develop IEP content
    • Strategies for presenting expert testimony in due process proceedings
    • Representing students facing school discipline and juvenile justice involvement
    • Case law developments since U.S. Supreme Court’s Endrew F. and Fry decisions
    • Ethical issues that arise when representing clients with developmental, intellectual, and psychiatric disabilities

    A complete agenda can be found online.

    There is no charge for media covering this event. To register, please contact Betsy Adeboyejo at 202-662-1039 or Betsy.Adeboyejo@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

        

    ABA President Hilarie Bass sends letter to DOJ, Homeland Security opposing separation of children

    June 12, 2018 12:51 PM by glynnj

    WASHINGTON, June 12, 2018 — American Bar Association President Hilarie Bass sent a letter today to Attorney General Jeff Sessions and Department of Homeland Security Secretary Kirstjen Nielsen expressing the association’s strong opposition to recent actions by the Department of Justice and DHS that have resulted in a drastic increase in the separation of children from their parents when arriving at the southern border.

    The letter states that the systemic practice of separating parents and children is antithetical to our values as a country, appears to violate longstanding precedent protecting rights to family integrity, burdens the federal criminal justice and immigration adjudication systems, and increases costs to the government. The ABA believes that when families are apprehended and placed in removal proceedings, parents and children should be kept together in the least restrictive environment necessary or released as an appropriate alternative to detention.

    The letter can be read here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on twitter@ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA publishes new book on crafting effective settlement agreements

    June 11, 2018 1:12 PM by glynnj

    CHICAGO, June 12, 2018 — Settlement agreements resolve cases far more frequently than trials do. Thus, attorneys must be prepared to craft agreements that optimally address the issues between the parties while complying with statutes, published decisions and rules of court. “Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators,” co-published by the American Bar Association Business Law and Dispute Resolution Sections, provides practical advice on drafting settlement terms, reviewing proposed boilerplate provisions, identifying win-win nonmonetary terms even in “money only” cases and ensuring both the durability and enforceability of settlements.

    “Crafting Effective Settlement Agreements,” authored by California appellate court attorney Brendon Ishikawa, provides comprehensive and practical guidance for attorneys regardless of whether the case has not yet been filed or has already resulted in a jury verdict.  Mediators too will find this a relevant and insightful resource for the process of facilitating a finalized settlement agreement.

    This desk reference helps attorneys and mediators:

    • Ensure an optimal drafting process and result for settlement
    • Analyze the practical implications of proposed settlement terms
    • Avoid potential legal and practical pitfalls that lurk unseen in the drafting process
    • Understand the myriad legal requirements for settlement agreements
    • Navigate complex interpersonal dynamics of people with opposing interests
    • Identify problematic settlement agreement terms and avoid malpractice
    • Explore ethical issues that can arise during the settlement process
    • Select options most likely to make a settlement agreement durable and enforceable


    About the author:
    Ishikawa is certified as a specialist in appellate law by the State Bar of California Board of Legal Specialization and has practiced appellate law for more than 20 years. He serves as lead appellate court attorney at the California Court of Appeal, Third District.

    Ishikawa is coauthor, with Dana Curtis, of “Appellate Mediation: A Guidebook for Attorneys and Mediators” (ABA 2016). He is also the author of “Appellate Mediation in California Civil Appellate Practice” (Cont. Ed. Bar 2017).

    Title:                “Crafting Effective Settlement Agreements: A Guidebook for Attorneys and Mediators

    Publisher:        Business Law Section and Dispute Resolution Section
    Pages:              480
    Product Code: 
    5070753
    ISBN:                978-1-64105-076-0
    Size:                
    6 x 9

    Binding:           Paperback
    Price:               $119.95
    Orders:            800-285-2221 or ShopABA.org

    Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at Katrina.Krause@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    Former White House official discusses national security issues during Carter years at ABA luncheon

    June 11, 2018 1:09 PM by glynnj

    WASHINGTON, June 12, 2018 — Stuart E. Eizenstat, former ambassador to the European Union (1993-96) and White House domestic policy adviser to President Jimmy Carter (1977-81), will discuss his new book “President Carter: The White House Years” at a June 20 luncheon sponsored by the American Bar Association Standing Committee on Law and National Security.

    Eizenstat will address some of the key national security law issues that arose during his tenure, including the negotiations of the Transatlantic Agenda with the European Union; the development of the Transatlantic Business Dialogue among European and American CEOs; the negotiation of agreements with the EU regarding the Helms-Burton Act and the Iran-Libya Sanctions Act. 

    What:        
    Stuart Eizenstat discussing “President Carter: The White House Years”

    When:       
    Wednesday, June 20
    Noon-1:30 p.m. ET

    Where:      
    University Club
    1135 16th St. NW
    Washington, D.C.  20036

    Eizenstat held several senior positions in three U.S. administrations, including under secretary of Commerce for International Trade, under secretary of State for Economic, Business and Agricultural Affairs, and deputy secretary of the Treasury.

    There is no charge for media covering this event. To register, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA President Hilarie Bass writes letter in support of Homeless Children and Youth Act

    June 8, 2018 10:45 AM by glynnj

    WASHINGTON, June 8, 2018 — American Bar Association President Hilarie Bass sent a letter to Chairman Sean Duffy (R-Wisc.) and Ranking Member Emanuel Cleaver (D-Mo.) of the Subcommittee on Housing and Insurance in the House Committee on Financial Services thanking them for holding the June 6, 2018, hearing concerning H.R. 1511, the Homeless Children and Youth Act. The ABA urges the subcommittee to act favorably on H.R. 1511 so that the bill can be considered by the House and ultimately enacted during this Congress.

    The letter expressed the need for the estimated 4.2 million American youth who experience homelessness each year to be provided “an unbroken continuum of care,” with federal programs designed to work that way.

    The full text of Bass’ letter can be found here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    ABA Legal Fact Check explores the legal basis for saying, ‘A president is not above the law’

    June 8, 2018 10:33 AM by glynnj

    WASHINGTON, June 8, 2018 — The American Bar Association posted today a new ABA Legal Fact Check that explores the legal precedents related to whether a U.S. president can act “above the law.”

    Political conversation turned to this question in the past few days when Rudy Giuliani, an attorney for President Donald Trump, suggested a sitting president could not be indicted. Trump himself fueled the conversation a day later when he tweeted that he had the “absolute right” to pardon himself if necessary.

    The new fact check explores the relevant parts of two U.S. Supreme Court decisions involving then-Presidents Richard Nixon in 1974 and Bill Clinton in 1997 and how they might pertain to legal situations today. It also analyzes the Supreme Court’s assertion in the Nixon case that a president does not have “unqualified presidential privilege of immunity from judicial process under all circumstances.”

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Deputy AG Rod Rosenstein to speak at ABA conference on Civil False Claims Act and Qui Tam Enforcement

    June 7, 2018 9:33 AM by glynnj

    WASHINGTON, June 7, 2018 — Deputy U.S. Attorney General Rod Rosenstein will be the keynote speaker at the American Bar Association’s 12th National Institute on the Civil False Claims Act and Qui Tam Enforcement, June 13-15 at the Hamilton Hotel in Washington D.C. Rosenstein, the No. 2 official at the Justice Department, will deliver his address on Thursday, June 14, at 12:15 p.m.

    What:
    12th National Institute on the Civil False
    Claims Act and Qui Tam Enforcement
    Presented by the ABA Criminal Justice Section,  
    Health Law Section, Section of Public Contract Law;
    and Solo, Small Firm and General Practice Division

    When:
    June 13-15, 2018

    Where:
    Hamilton Hotel
    1001 14th St. NW
    Washington, D.C. 20011

    The Civil False Claims Act (FCA) is the one of the fastest growing areas of federal litigation, with settlements and judgments totaling billions of dollars each year. The conference will bring together experts from all areas — the Justice Department, state attorneys general offices, leading defense and qui tam whistleblower firms — to discuss this ever-growing area of litigation and enforcement.

    A highlight of the conference will be Friday’s 12:15 p.m. “A View from the Bench” panel with federal judges Sara L. Ellis, U.S. District Court, Northern District of Illinois, Chicago; Michael Stephen Kanne, Seventh Circuit of Appeals, Chicago; and Manish S. Shah, U.S. District Court, Northern District of Illinois, Chicago. FCA practitioners must grapple with tough issues of the day, from what evidence will satisfy Escobar, to whether to rely on statistical sampling. This panel of judges will discuss with counsel from the government, relator’s bar and defense bar the practices and arguments that are most likely to persuade.

    Program topics include:

    • Ethics around to attorney-client privilege and its waiver, representation of employees in FCA investigations and use of internal documents by realtor’s counsel
    • FCA trials
    • Developments in health care fraud
    • Loan fraud
    • Procurement fraud
    • Grants and research misconduct
    • Liability developments
    • Damages and settlement strategy

    A complete agenda and updated list of speakers can be found online.

    There is no charge for media covering this event. To register, please contact Robert Robinson at 202-662-1097 or Robert.Robinson@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    At the ABA, Ted Olson looks back on the fight for marriage equality

    June 6, 2018 4:48 PM by glynnj

    Saying that “marriage is a conservative value,” and “we should want people to come together in marriage,” Ted Olson, former U.S. solicitor general and now partner at Gibson Dunn, spoke to American Bar Association staff and Gibson Dunn lawyers about his work on the case to overturn the ban on same-sex marriage.

    Ted Olson, former U.S. solicitor general and Zakiyyah T. Salim-Williams, Chief Diversity Officer at Gibson Dunn


    Introducing him as America’s “preeminent appellate counsel” who has argued 63 cases before the Supreme Court, ABA Executive Director Jack Rives opened “The Road to Marriage Equality” program at the ABA offices in Washington, D.C., on June 6 to commemorate LGBTQ Pride Month and Loving Day (June 12).

    Many cases came together to bring about marriage equality, but this key one had its beginnings when opponents to a May 2008 California Supreme Court decision granting same-sex marriage put Proposition 8 – the California Marriage Protection Act – on the ballot that November. And while California voters overwhelmingly voted for Barack Obama for president, they also voted for Prop 8.

    Immediately there was a movement to file a lawsuit against Prop 8, spearheaded by Hollywood director Rob Reiner. Olson’s name was mentioned as a legal heavyweight who could help the cause. He agreed to take on Perry v. Schwarzenegger “if it was done right.”

    Doing it right, according to Olson, involved:

    • Using the principles of equal protection under the law and due process to argue that marriage is a fundamental right

    • Using the case to help change opinions in America (which at the time were about 57 percent against same-sex marriage and 43 percent for it)

    • Bringing in his legal adversary from the Bush v. Gore case, David Boies, so the two of them could draw press coverage, write op-eds and make TV appearances “whenever asked”

    • Hiring a film crew to document the case in real time so they would have a chronicle of how it went (the HBO documentary “The Case Against 8” came out in 2014)

    • Developing a media strategy as well as a court strategy

    • Carefully choosing the two men and two women plaintiffs, who “could take the heat” and could tell a story to the American people.

    In January 2009, a three-week trial was held, followed by closing arguments in June. The decision was handed down in August 2010, and Olson said the 137-page opinion “was everything we could possibly expect.”

    Despite the victory in district court, he knew the case would end up in the Supreme Court. It and several others did, and on June 26, 2013, the Supreme Court ruled the Defense of Marriage Act unconstitutional, and a few days later the plaintiffs in the Prop 8 case had the first two same-sex marriages performed in California.

    Although some predicted a backlash to the decision, Olson (who, along with Boies was awarded the ABA Medal, the association’s highest honor, in 2011) said it never materialized, and national polls revealed that by the time of the national ruling, public opinion had swung from pre-Prop 8 numbers to 57 percent for same-sex marriage and 43 percent against it.

    He remembered those who filled the courtroom in San Francisco to watch the trial, including a gay couple that had been together for 49 years. The trial “taught us about ourselves,” and that “we didn’t think we’d ever want to get married, but if you win, we will,” they told Olson.

     

    LatinoJustice President Juan Cartagena to receive ABA’s 2018 John Marshall Award

    June 5, 2018 1:14 PM by glynnj

    CHICAGO, JUNE 6, 2018 – Juan Cartagena, president and general counsel of LatinoJustice PRLDEF, is the recipient of the 2018 John Marshall Award, presented by the American Bar Association’s Judicial Division and the Standing Committee on the American Judicial System. He is the first Latino to win the award since it was created in 2001.

    The John Marshall Award recognizes individuals who have had a positive national impact on the justice system. It is open to anyone responsible for extraordinary improvement to the administration of justice in the categories of judicial independence, justice system reform or public awareness about the justice system. Past recipients include U.S. Supreme Court Justice Anthony Kennedy, former Supreme Court Justice Sandra Day O’Connor, eight state court judges and justices, the late former U.S. Sen. Howell Heflin of Alabama and former Gov. Tom Ridge of Pennsylvania.

    Based in New York and New Jersey, Cartagena has been a leader in the national Hispanic legal community for much of his 35-year career. He has dedicated his life to the pursuit of civil rights, human rights and constitutional litigation that improves the lives of Latinos and other minorities. He also has worked to increase the number of Latinos in the legal profession.

    As a member of the ABA Commission on Hispanic Legal Rights & Responsibilities, Cartagena promoted the accurate and uniform translation of the Miranda warning nationwide. In 2017, he led an effort to certify a Spanish translation of a public referendum question in Florida to restore the voting rights of formerly incarcerated individuals. This was critical to engaging Latino voters in that state.

    Cartagena has served on numerous government bodies to protect the rights of all Americans. For example, he was a member of the Independent Commission on New York Criminal Justice and Incarceration Reform and the New Jersey Blue Ribbon Panel on Immigration Policy. He was the first general counsel of the Hispanic Bar Association of New Jersey and is a former Municipal Court judge in Hoboken, NJ.

    Cartagena is a prolific writer and speaker, and has taught a course on Law & the Latino Community at Rutgers University for more than 25 years. A resident of Jersey City, NJ, he has a bachelor’s degree from Dartmouth College and a law degree from Columbia University.

    Cartagena will receive the John Marshall Award at a luncheon Aug. 3 at the ABA Annual Meeting in Chicago. Tickets for the event are $50 per person and may be purchased at http://www.americanbar.org/groups/judicial/events_cle/annual.html.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Government and industry experts to speak at ABA Space Law Symposium in Washington, D.C.

    June 5, 2018 8:29 AM by glynnj

    WASHINGTON, June 5, 2018 – The American Bar Association will sponsor the 2018 Space Law Symposium on Thursday, June 7 in Washington, D.C., with panels conducted by industry experts  discussing topics such as non-traditional on-orbit space activities and authorizations, the National Space Council and the commercial space industry.

    Thomas Cremins, associate administrator for Strategy and Plans at the National Aeronautics and Space Administration in Washington, D.C., will give opening keynote remarks at 8:10 a.m. ET. George Nield, former associate administrator for Commercial Space Transportation at the Federal Aviation Administration, will give the luncheon remarks at 12:15 p.m. ET.  Amy Xenofos, chair of the ABA 2018 Space Law Symposium will give the closing remarks at 4 p.m.

    What:  
    Space Law Symposium
    Sponsored by the ABA Forum on Air and Space Law

    When:
    Thursday, June 7

    Where:
    Jenner & Block LLP
    1099 New York Avenue NW #900
    Washington, D.C. 20001

    Program highlights include:

    “Non-Traditional On-orbit Space Activities and Authorizations” — This panel will address the activities being planned for open space and the surfaces and subsurfaces of celestial bodies, being examined both from a national and international law perspective.
    8:30 – 9:45 a.m.

    “National Space Council and NSC Users Advisory Group (UAG)” — U.S. space law and policy will be viewed through the lens of the National Space Council and  the Users' Advisory Group  (UAG). Panelists will explore the actions of these advisory bodies under the Trump administration and review potential leadership opportunities they could have on space law regulation.
    10:15 – 11:15 a.m.

    “Law, Finance, and Commercial Space: The Changing Landscape of the Commercial Space Industry” — This multidisciplinary panel of experts will discuss how New Space is changing the legal framework to encourage and sustain the growth of new industries in the U.S. and internationally. Practitioners will gain a better understanding of developments in capital finance and investment banking, M&A trends, and the insurance markets.
    1:45 – 3 p.m.

    “Exploration and the Moon: Law and Policy Impacts on Future Activities” — This panel will examine past, present and envisioned usages of the moon and the concepts associated with the continued exploration of the moon by both governmental and private entities. Panelists will also explore the  impact of the seven-month-old Presidential Space Policy Directive-1, which provides for a U.S.-led, integrated program with private sector partners for a human return to the moon, followed by missions to Mars and beyond.
    3:15 – 4:15 p.m.

    A complete agenda can be found online.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Legal experts available to discuss today’s Supreme Court decision: Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission

    June 4, 2018 4:49 PM by glynnj

    WASHINGTON, June 4, 2018 — The American Bar Association can refer reporters interested in talking to legal experts with expertise about the Supreme Court’s ruling in favor of the Christian baker in Colorado who refused to make a wedding cake for a same-sex couple.

    Please contact Betsy Adeboyejo at 202-662-1039 or at Betsy.Adeboyejo@americanbar.org for more information on experts available to the media.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Mark your calendars for American Bar Association Annual Meeting Aug. 2-7 in Chicago

    June 4, 2018 3:57 PM by glynnj

    CHICAGO, June 5, 2018 – Registration is now open to both reporters and attendees for the 2018 American Bar Association Annual Meeting, the nation’s premier gathering of legal professionals, Aug. 2-7 in Chicago.

    The ABA Annual Meeting attracts more than 5,000 registrants from around the world who represent the law’s best legal minds and showcases law’s most cutting-edge legal ideas and initiatives. This year’s meeting, headquartered at Chicago’s largest hotel property, the Hyatt Regency Chicago, will include nearly 1,000 educational sessions, networking opportunities and social functions.

    High-profile speakers at the 2018 meeting include Deputy Attorney General Rod Rosenstein of the U.S. Department of Justice (Aug. 2, 4:30 p.m.); Tina Tchen, founder of the Time’s Up Legal Defense Fund (Aug. 2, 2:30 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    Other highlights of the 2018 Annual Meeting include:

    Unique educational opportunities

    CLE in the City Series – The ABA has developed a special series of continuing legal education programs that take participants out of typical meeting rooms and into Chicago law firms to experience first-hand the city’s vibrant legal community. Eight specialty tracks are offered including cybersecurity law; ethics; gaming, sweepstakes and franchise law; mergers and acquisitions; legal writing, ethics and persuasion; litigation; family law; and privacy and security. Participating Chicago-area law firms and law schools include Locke Lord LLP, The John Marshall Law School, Jenner & Block LLP, Schiller DuCanto & Fleck LLP, Mayer Brown LLP, Greenberg Traurig LLP and Chicago-Kent College of Law.

    Hot topic programs – Among the more than 100 continuing legal education programs offered at this year’s Annual Meeting, will be these panel presentations on newsworthy hot topics:

    • “#MeToo, Time’s Up – Sexual Harassment in the Workplace” (Aug. 2, 2:30-4 p.m.);
    • “The Deputy Attorney General of the United States” (Aug. 2, 4:30-5 p.m.);
    • “Managing Social Activism and Freedom of Speech in Sports” (Aug. 3, 10-11:30 a.m.);
    • “Government Searches, Privacy, and Cybersecurity in a Digital Age” (Aug. 3. 10-11:30 a.m.);
    • “The Trump Administration and Diverse Communities: A Kaleidoscope of Controversies” (Aug. 3, 2-3:30 p.m.);
    • “The Quest for Transparent Government in the US and Abroad” (Aug. 3, 2-3:30 p.m.)
    • “Sexual Harassment in the Workplace” (Aug. 4, 10-11:30 a.m.);
    • “Cybersecurity Wake-Up Call: The Business You Save May Be Your Own” (Aug. 4, 10-11:30 a.m.); and
       

    Noteworthy social functions and networking opportunities

    General Assembly – Considered one of the social highlights of the 2018 meeting, this annual celebration includes the presentation of the association’s highest honor, the ABA Medal, to a recipient yet to be announced, and a keynote presentation by the Equal Justice Initiative’s Bryan Stevenson. The event will also feature local entertainment from the award-winning Chicago Mass Choir and the Chicago Bar Association’s Barristers Big Band.

    Aug. 4, Hyatt Regency Chicago, 4:30-6:30 p.m.

    Concert for the Legal Services Corporation: “It’s Only Fair 2” – the ABA will host a concert to raise awareness for the need for legal aid from the Legal Services Corporation, which helps provide access to justice to millions of low-income Americans. Defense attorney Joey Jackson will serve as master of ceremonies. The event will include noted Chicago-based performers from Broadway, cabaret and local companies, who will entertain with song or performance. Interspersed will be inspirational stories of people who have been helped by legal aid. This is a non-partisan event.

    Aug. 3, Hyatt Regency Chicago, 4-5:30 p.m.

    President’s Reception – ABA President Hilarie Bass will host a taste of Chicago under the world’s largest stained-glass Tiffany dome. The reception will include local food favorites and entertainment by Big Band group, the Chicago Catz, along with live blues music, local improv theater and local cabaret performers.

    Aug. 4, Chicago Cultural Center, 7-9 p.m.

    Registration options for the 2018 ABA Annual Meeting include:

    • All-access registration (includes opportunity to purchase discounted Chicago Cubs and “Hamilton” tickets) - $495 for ABA members, $695 for non-members;
    • Standard registration - $250 for ABA members; $450 for non-members;
    • Limited registration - $95 for ABA members; $295 for non-members;
    • Special discounted registration options for law students.

    Visit the Annual Meeting Reporter Resources webpage on www.ambar.org/news for updates about Annual Meeting programs, events and speakers.

     

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    Wisconsin lawyer Michael J. Gonring to receive ABA 2018 Pickering Award

    June 4, 2018 2:39 PM by glynnj

    WASHINGTON, June 5, 2018 — Michael J. Gonring, director of the Legal Aid Society of Milwaukee and formerly a partner at Quarles & Brady LLP, is the 2018 recipient of the John H. Pickering Award of Achievement, presented by the American Bar Association Senior Lawyers Division. Gonring will be recognized at the Senior Lawyers Division annual Pickering Award dinner at the Union League Club of Chicago at 6:30 p.m. on Thursday, Aug. 2, during the ABA Annual Meeting in Chicago.

    The award honors the life and accomplishments of John H. Pickering, co-founder of the Washington, D.C. law firm then known as Wilmer, Cutler & Pickering (now WilmerHale), who was involved in a variety of pro bono activities and law-related societal issues affecting the elderly. It recognizes lawyers or judges who demonstrate outstanding legal ability; and have compiled a distinguished record of service to the profession and their communities, resulting in significant contributions to improving access to justice for all.

    "Mike Gonring, through his pro bono and legal services activities, exemplifies John Pickering’s commitment to equal justice for all,” said Brooksley Born, chair, 2018 Pickering Selection Committee.

    Gonring spent 28 years as a litigation partner and six as an associate with Quarles & Brady LLP. He has held varied legal roles and served as the National Pro Bono coordinator and the assistant practice group leader. Gonring has mentored and inspired attorneys to respond to the needs of the community and commit to consistent pro bono activities.  

    Recently, Gonring recruited lawyers to assist Milwaukee’s immigrant community to respond to the increased immigration enforcement efforts and deportations.

    As pro bono coordinator, he led various programs involving legal representation to victims of domestic violence, death row inmates who appealed convictions and asylum seekers. Quarles & Brady LLP, created an award in his honor, the Michael Gonring Pro Bono Award (The Gonring Award) for his “longstanding pro bono leadership and commitment to justice for the poor.” Following his retirement, Gonring continued to represent victims in domestic abuse court and volunteered at legal clinics. He started a legal clinic for undocumented individuals at the Mexican Consulate in Milwaukee.  He was appointed director of the Legal Aid Society of Milwaukee last year.

    Considered an inspiration by many Wisconsin lawyers, Gonring, 70, is dedicated to helping those who are poor and disadvantaged. He has built pathways for lawyers and law students to serve the legal needs of the most vulnerable in society, which includes the creation of a Mobile Legal Clinic project, which offers several legal clinics a month and is staffed by various firms and volunteer lawyers.

    A former Milwaukee Journal sportswriter and Marquette University sports information director, Gonring is a graduate of Marquette University Law School. He received his JD in 1982. He received his BA, cum laude, from Marquette University College of Journalism in 1969.

    Click here for a picture of Michael Gonring.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA Drone conference to explore safety, security threats and regulations

    June 1, 2018 6:49 AM by glynnj

    WASHINGTON, June 1, 2018 — Legal and government experts from the National Transportation Safety Board, Department of Transportation, Federal Aviation Administration, military, and Congress will convene to discuss the latest safety concerns, cyber security threats and current and pending legislation as it relates to drones at the American Bar Association’s Drone Law Conference on Tuesday, June 5 in Washington, D.C.

    Bill Goodwin, general counsel for AirMap, will speak at 12:30 p.m. about the legal ramifications of drones being part of “everyday life.”

    What:  
    ABA Drone Law Conference
    Sponsored by the ABA  Forum on Air and Space Law

    When: 
    Tuesday, June 5, 2018

    Where:
    Baker & McKenzie LLP
    815 Connecticut Ave. NW
    Washington, D.C. 20006-4078

    Panelists will discuss the potential pitfalls of drones and automated vehicles, the risks and liabilities of drone operations, the intersection of federal and state drone regulation, counter-drone technology as it relates to national security, homeland security and airport security, updates on federal regulation and the federal policy implications on global drone markets.

    The complete meeting agenda can be found here.  

    This event is free and open to the members of the press. For media credentialing, please contact Betsy Adeboyejo at 202-662-1039 or Betsy.Adeboyejo@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    New ABA book offers guidelines for effective anti-bribery compliance program for business

    May 31, 2018 10:17 AM by glynnj

    CHICAGO, June 1, 2018 — In today’s corporate global landscape, it is necessary for multinational companies to implement anti-corruption policies and programs that are compliant and mitigate risks. A newly released book titled “Designing an Effective Anti-Bribery Compliance Program: A Practical Guide for Business” by the American Bar Association’s Business Law Section, integrates the critical factors that require consideration in designing and implementing an effective anti-bribery compliance program. The book provides a practical framework that is invaluable in almost any legal setting.

    This tightly written guidebook takes into account the official guidance and enforcement actions of the United States and the United Kingdom as well as other legal regimes and guidance issued by respected international organizations. It has a general application and useful guidance for whatever jurisdictions may be involved.

    In implementing an effective anti-bribery compliance program, the book provides insights on:

    • Identifying and understanding the critical components
    • Creating a roadmap for implementation
    • Designing effective policies and procedures
    • Harmonizing polices to accommodate multiple legal regimes
    • Establishing the role of senior management
    • Developing practical training
    • Monitoring the effectiveness of a compliance program
    • Undertaking relevant risk management
    • Conducting meaningful due diligence
    • Drafting effective compliance provisions in legal agreements


    The highly practical appendices include a checklist of key components of an effective compliance program and sample compliance provisions for third-party agreements.

    About the author: Stuart H. Deming is a former prosecutor with the U.S. Department of Justice and Securities and Exchange Commission. He has years of practical experience in both the public and private sectors. Deming is the author of the Oxford University Press book, “Anti-Bribery Laws in Common Law Jurisdictions”; co-author of the best-selling ABA book, “The FCPA and UK Bribery Act: A Ready Reference for Business”; and author of best-selling ABA book, “The Foreign Corrupt Practices Act and the New International Norms.”  

    Title:                “Designing an Effective Anti-Bribery Compliance Program: A Practical Guide for Business
    Publisher:        Business Law Section
    Pages:              180
    Product Code: 
    5070756
    ISBN:                978-1-64105-126-2
    Size:                 6 x 9
    Binding:            Paperback
    Price:                $89.95
    Orders:             800-285-2221 or ShopABA.org

    Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at Katrina.Krause@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA spotlights two individuals, three law firms for their record of pro bono efforts

    May 31, 2018 7:51 AM by glynnj

    CHICAGO, May 31, 2018 — The American Bar Association will present awards at its Annual Meeting Aug. 2-7 in Chicago to two individual lawyers and three law firms for demonstrating outstanding commitment to volunteer legal services for the poor and disadvantaged.

    The Pro Bono Publico Awards are the top honors given by the ABA Standing Committee on Pro Bono and Public Service, which over the years has spotlighted pro bono efforts of individual lawyers and small and large law firms, government attorney offices, corporate law departments and other institutions in the legal profession. 

    Recipients of the 2018 Pro Bono Publico Awards are:

    Patrick Arenz of Robins Kaplan LLC, Minneapolis:
    Arenz leads his firm’s pro bono program, which has garnered national acclaim for developing an innovative approach to delivering volunteer legal services. His work has included felony trials in criminal courts, obtaining orders for protection in civil courts, seeking asylum for clients in immigration court and fighting for families in Hague Convention custody disputes in federal court. Through his leadership, commitment and passion for pro bono work, he became chair of the firm’s Pro Bono Committee in 2014.


    Deborah Coleman of Coleman Law LLC, Cleveland: After retiring from a Cleveland-based business law firm where she handled complex commercial litigation and setting up a solo practice as an arbitrator, mediator and legal ethics lawyer, Coleman increased her pro bono legal services. In the last five years alone, she has provided more than 340 hours, representing clients who have been referred to her by the Legal Aid Society of Cleveland, and participating in the Brief Advice Clinics sponsored by the Legal Aid. She was instrumental in developing Legal Aid’s innovative ACT 2 program, which engages late career and retired attorneys in providing pro bono services and currently chairs the ACT 2 advisory committee of Legal Aid.

    Ballard Spahr, law firm based in Philadelphia: This year marks the 30th anniversary of Ballard Spahr's pro bono program. The firm continually meets its commitment to provide 3 percent of billable hours to pro bono work — or more than 43,000 hours this past year. Ballard Spahr attorneys represented clients on a pro bono basis through Clemency Project 2014, successfully obtaining clemency for 29 petitioners. During the past year, Ballard Spahr attorneys also handled other notable causes pro bono as well as provided counsel for countless low-income individuals in a variety of areas.

    Cooley, law firm based in San Francisco
    : Cooley has a long tradition of pro bono services to those of limited means, supporting the establishment of the Legal Aid Society in San Francisco nearly a century ago. Over the years, Cooley has committed 3 percent of total billable hours annually to pro bono matters. Last year, its attorneys donated nearly 53,000 hours of pro bono legal services. Cooley has provided pro bono services in immigration matters, LGBTQ advocacy and was an instrumental partner in the development of the Rural Justice Collaborative.

    Simpson Thacher & Bartlett LLP, law firm based in New York: With a broad portfolio in the pro bono arena, Simpson Thacher annually devotes tens of thousands of hours to pro bono projects that include advocating on behalf of low-income clients and nonprofits. Some of the efforts focus on preservation of the environment, adequate education and civil and human rights. Most recently, the firm challenged the federal government on its policies toward restricting contraceptives as well as the Executive Order that created a travel ban affecting several majority-Muslim countries.

    The awards will be presented at a luncheon on Saturday, Aug. 4 from noon – 1:30 p.m. in the Crystal B Ballroom (West Tower / Lobby Level) at the Hyatt Regency in Chicago. Past years recipients can be found here.

    (Media: Individual pictures of the recipients are available upon request. Please email bill.choyke@americanbar.org.)


    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on twitter@ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Statement of Hilarie Bass, ABA president Re: Separating immigrant children from parents at the border

    May 30, 2018 11:48 AM by glynnj

    WASHINGTON, May 30, 2018 — The American Bar Association strongly opposes the government’s policy of forcibly separating minor children from their parents when families cross the southern border into the United States. This unnecessarily cruel action violates basic standards of human decency.

    In just two weeks this month, from May 6 to 19, 638 adults were arrested crossing the border with 658 children, according to the Department of Homeland Security. The adults were sent to criminal detention for prosecution while their children were placed in separate juvenile shelters to undergo removal proceedings on their own.

    The separation of families causes grave harm to children and their parents. This policy has overwhelmed the criminal justice system and causes inefficiencies in the immigration court system when children, as young as toddlers, appear in court on their own, with no right to appointed counsel.

    The ABA calls on immigration authorities to keep families together and place them in the least restrictive setting possible. Separating children from their parents not only violates due process, it is antithetical to the very human values on which this country was founded and sets a terrible example for the rest of the world. It should be stopped immediately.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

     

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New ABA book provides lawyers with key components of captive insurance

    May 29, 2018 8:28 AM by glynnj

    CHICAGO, May 29, 2018 — In today’s business world, many Fortune 500 companies, mid-sized and small businesses and tax-exempt organizations participate in captive insurance structures. The American Bar Association Business Law Section’s newly published book, Captive Insurance Deskbook for the Business Lawyer,” helps lawyers decipher the intricacies of this area that includes discussion of the types of captives and addresses how to approach whether a captive makes sense for a business owner.

    “Captive Insurance Deskbook” focuses on various aspects of the captive’s operation and management — from taxation, special uses and regulation to eventual exit and potential tax litigation issues. Written by experts specializing in captive insurance, the book includes discussion on:

    • Various types of captives
    • Captive insurance company feasibility
    • Using a captive to fund employee benefits and the advantages of placing them in captives
    • Corporate counsel’s role with captives and managing conflicts of interest
    • The role of the domicile regulator
    • Taxation of captives
    • IRS examination of captive insurance


    About the Editor:
    David J. Slenn is a partner in the Tampa office of Shumaker, Loop & Kendrick LLP, where he concentrates his practice in tax, estate and business planning with an emphasis on risk mitigation. He is the immediate past chair for the ABA Business Law Section’s Captive Insurance Committee and a past chair for the Asset Protection Planning Committee in the ABA Section of Real Property Trusts and Estate Law.

    Title:                “Captive Insurance Deskbook for the Business Lawyer
    Publisher:        Business Law Section
    Pages:              176
    Product Code: 
    5070754
    ISBN:                978-1-64105-085-2
    Size:                  7 x 10
    Binding:           Paperback
    Price:                $89.95
    Orders:             800-285-2221 or ShopABA.org

    Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at Katrina.Krause@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    HUD official: State, local governments need to “pull more weight” for homeless

    May 24, 2018 4:03 PM by glynnj

    Local governments must pull more of the financial weight in solving the homelessness crisis in cities across the country, Neal Rackleff, assistant secretary for community planning and development at the Department of Housing and Urban Development told an audience Thursday morning at the American Bar Association’s 27th Annual Forum on Affordable Housing and Community Development Law Meeting.

    The three-day conference, which will wrap up on Friday, May 25, brought together legal, government and private housing experts to Washington, D.C., to discuss the state of fair housing, economic development, tax reform and affordable housing, among other topics.

    Rackleff blamed local land-use policy as having “exacerbated” the problem of homelessness around the country. In many instances, local regulations and long development approval processes have limited how cities respond to the growing demand for affordable housing.

    Also, “A large portion of the funding for the homeless comes from the federal government,” he said. “In my opinion, it’s not sustainable for the federal government to bear all of the cost.”

    Rackleff said he’s impressed by cities and counties like Los Angeles “stepping up” because “it adds to the pool of resources, so [the federal government] can help more people.”

    In L.A., the homeless crisis has resulted in growing sidewalk tent encampments. Rackleff said there was a 25 percent increase in homelessness in Los Angeles over the last year. But, “cities like L.A. are setting the tone” in helping to resolve the challenge of homelessness by issuing bonds and raising taxes to create more revenue for affordable housing, he said.

    Rackleff praised the efforts of Los Angeles city and county leaders. “L.A. is on the right trajectory,” he said. Los Angeles has OK’d a $1.2 billion bond that will build housing for the homeless. Voters in Los Angeles county also approved a sales tax increase that’s projected to raise $350 million a year for 10 years to help homeless people transition to affordable housing.

    The conference was sponsored by the ABA Forum on Affordable Housing and Community Development Law.

     

    Physicians, lawyers to discuss latest health care developments at Chicago conference

    May 24, 2018 3:50 PM by glynnj

    CHICAGO, May 29, 2018 — Physicians and their counsel will explore the role of doctors in today’s changing health care environment during the American Bar Association’s Physicians Legal Issues Conference, June 7-9 in Chicago. Conference attendees will learn practical advice on healthcare dispute trends, the False Claims Act, how fair market value is determined in a health care merger and other legal issues.

    What:  
    Physicians Legal Issues Conference
    Sponsored by the ABA Health Law Section and the Chicago Medical Society

    When: 
    June 7-9

    Where:
    InterContinental Hotel
    505 N. Michigan Ave.
    Chicago, IL 60611

    On Thursday at 8:15 a.m., Bertha K. Madras, a member of the Presidential Commission on Combating Drug Addiction and the Opioid Crisis and professor of psychiatry at Harvard Medical School, will speak on addiction in America and the opioid crisis.  

    On Friday at 8:15 a.m., Alec Alexander, deputy administrator and director for the Center for Program Integrity at the Centers for Medicare and Medicaid Services, will discuss CMS program integrity issues.

    Conference highlights include:

    “Healthcare Dispute Trends and Innovative Conflict Resolution” — Physicians, hospitals and health plans have disputes. The forum and process for addressing case disputes can significantly impact the resolution of a dispute and how to salvage the relationships of those involved. A panel of experts, including Melinda Reid Hatton, general counsel, American Hospital Association, and Michelle Skipper, vice president, American Arbitration Association, will provide guidelines for Alternative Dispute Resolution (ADR), including differences between mediation and arbitration; review national healthcare ADR trends; and explore the pioneering approach of a Mediation and Conflict Resolution Officer within a healthcare system to resolve conflicts among and between providers, care teams, hospital departments and relevant third parties.

    Thursday, 1:15-2:15 p.m.

    “Myth of the Multiple – How to Agree on a Price” — Healthcare M&A is fraught with misperceptions on how fair market value (FMV) is determined and how it relates to the final purchase price. This session aims to educate on how FMV is determined, how it relates to and informs purchase price negotiations, key compliance issues that may impact FMV and how non-financial deal terms can impact purchase price. Specific topics include legal reasons for obtaining an FMV opinion; how “legal” terms (e.g., non-competes, representations and warranties) affect FMV and purchase price; and overview of the underlying variables that impact valuation multiples.

    Thursday, 4:30-5:30 p.m.

    “Will Medicare Revoke Your Billing Privileges? Don’t Answer “No” Too Quickly” — The Centers for Medicare & Medicaid Services (CMS) wields broad authority to revoke providers’ and suppliers’ Medicare billing privileges. This authority, one of CMS’s most potent program integrity tools, has been applied in seemingly draconian ways. This session addresses key issues for providers and suppliers facing revocation of billing privileges, including an overview of CMS’s revocation authority, how CMS is using this authority against provider and suppliers and strategies for appealing revocation.

    Friday, 8:45-9:45 a.m.

    “Halifax False Claims Act Case: The Relator’s Perspective with the Taxpayers Against Fraud Education Fund” — Healthcare fraud is a persistent industry problem and costs taxpayers hundreds of millions of dollars a year. False Claims Act and qui tam whistleblowers can be one of the government’s strongest tools for combating this fraud, recouping taxpayer dollars and protecting patients. This panel provides an inside look at a whistleblower’s experience though a discussion with a former whistleblower in the health care industry.

    Friday, 9:45-10:15 a.m.

    “HIPAA in a Digital World: Taking the Paper Out of Healthcare” — Since passage of HIPAA, pocket-size supercomputers are now common. Outside healthcare, almost any transaction can occur digitally, but healthcare clings to paper and ink. A panel of experts will discuss HIPAA myths in a digital age, including how technology can advance privacy and security, why apps and application program interfaces are the future, how HIPAA encourages data sharing and how attorneys can break down barriers to digital solutions.

    Friday, 11:30 a.m.-12:30 p.m.

    A complete agenda and updated list of speakers can be found here.

    This event is free and open to members of the press. For media credentialing, please contact Priscilla Totten at Priscilla.Totten@americanbar.org.

    The Health Law Section is the voice of the national health law bar within the ABA. Its nearly 9,500 members from across the United States represent clients in all segments of the health care industry, including physicians, hospitals and other institutional providers, teaching and research organizations, managed care organizations and other third-party payers, pharmaceutical companies and device manufacturers.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

     

    ABA to celebrate 70th anniversary of human rights declaration at timely Paris meeting

    May 24, 2018 1:41 PM by glynnj

    CHICAGO, May 24, 2018 —The American Bar Association, the national voice for the U.S. legal profession, will pay tribute to the 70th anniversary of the Universal Declaration of Human Rights with a four-day event in Paris next month that explores cyber interference in elections, international privacy protections, refugee relocation and other issues.

    What:               
    ABA 2018 Paris Sessions

    When:             
    June 7-10, 2018

    Where:            
    InterContinental Paris Le Grand Hotel
    2 Rue Scribbe 75009
    Paris, France

    ABA President Hilarie Bass, co-president of the international law firm Greenberg Traurig, will open the meeting on Thursday at 5 p.m. (local time), as part of a celebration of the Universal Declaration of Human Rights. The declaration, which was drafted in 1948 as a proclamation of the United Nations, remains a milestone document in the history of human rights.

    Also participating in the opening program will be Christiane Féral-Schuhl, a past president of the Conseil National des Barreaux (the Paris bar); Marie-Aimée Peyron, who heads the Squire Patton Boggs litigation practice in its Paris office; and Jane Coombs, New Zealand ambassador to France with accreditations to Monaco, Portugal and Senegal. It will be in the Salon Opera on the ground floor.

    David M. Beasley, executive director of the World Food Programme (WFP), will discuss world hunger issues at a luncheon Friday at 12:45 p.m. A former governor of the U.S. state of South Carolina, Bealsey was appointed in March of 2017 and oversees the world's largest humanitarian agency fighting hunger worldwide. A program of the United Nations, the WFP delivers food assistance in emergencies, addresses hunger in other ways and promotes food security, assisting some 80 million people in roughly 80 countries annually. Beasley’s talk will be in the Salon Berlioz on the ground floor.

    Other program highlights include:

    “Improving the Practice of Law Before the ICC and the International Criminal Tribunals” — This panel will explore international criminal justice standards and examine the trends in international criminal law and pressing human rights issues. Panelists include Steven Kay, head of Chambers, International Criminal Law Bureau in London; Stephen Rapp, former ambassador-at-large for War Crimes Issues in the Office of Global Criminal Justice, Washington, D.C.; and Glenna MacGregor, International Criminal Tribunal, former Yugoslavia, Den Haag, Netherlands.
    Friday, 9 – 10:30 a.m.; Salon Chopin, first floor; sponsor, ABA Criminal Justice Section

    “Balancing Privacy and the Right to Know in Open Societies” — Even among democratic nations, the transparency of legal systems is all over the world map. Privacy law could not be more different on each side of the Atlantic, from the right to publish court records or conduct displays of affection in public places to criminal and civil codes surrounding digital protection. One notable example: the rise of European claims arising from a “Right to Be Forgotten,” which provides individuals with a legal right to remove personal information from the Internet.

    Friday, 9 – 10:30 a.m.; Salon Lulli, first floor; sponsor, ABA Forum on Communications Law

    “Cybersecurity Best Practices in Elections” — Hacker attacks and other global cybersecurity threats have emerged as key concerns for election security and integrity. Also, interference in elections through propaganda, fake news and social media manipulation has triggered alarm across the world. Experts from the Republic of Georgia, Germany and the United States will assess the effect of current cyber risks on the electoral process and provide recommendations for how these risks can be effectively managed in today’s turbulent global environment.
    Friday, 11 a.m. – 12:30 p.m.; Salon Lulli, first floor; sponsor, ABA Section of State and Local Government Law

    “Managing the Refugee Crisis: Legal Issues and Challenges” — More refugees and displaced persons now more than at any other time in recorded human history poses one of history’s biggest human rights challenges. Addressing the global refugee crisis raises many legal issues, including principles of national sovereignty, standards for refugee status and the ability of refugees to work under a host country’s laws. Experts from both France and the United States, including a former U.N. Deputy High Commissioner for Refugees, will examine these issues.

    Saturday, 9 – 10:30 a.m.; Salon Rameau, first floor; sponsor, ABA Section of Litigation

    The program closes on Sunday with a 90-minute session at 10 a.m. titled, “Beyond the 30 Articles: Future Issues in Human Rights.” The session will focus on human rights issues that were overlooked in 1948 but would be included if the Universal Declaration of Human Rights were drafted today. It will be in Salon Lulli on the first floor.

    A complete agenda for the Paris Sessions, which offers U.S. lawyers continuing legal education credit, can be found here.

    Media must register to cover the event. Please email Bill Choyke at the American Bar Association at bill.choyke@americanbar.org or call in the United States: 202-662-1864.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Supply chains pose emerging cybersecurity risk, top expert says at ABA lunch

    May 24, 2018 11:23 AM by glynnj

    Joyce Corell, from the Office of Director of National Intelligence, addresses a luncheon sponsored by the ABA Standing Committee on Law and National Security,


    A complicated and growing threat on the cybersecurity landscape is leaving American consumer goods vulnerable to hackers, according to Joyce Corell, the assistant director for supply chain at the National Counterintelligence and Security Center in the Office of Director of National Intelligence.

    Corell, who spoke at a May 22 luncheon sponsored by the ABA Standing Committee on Law and National Security,said her office is seeking new ways to provide information to help manage supply chain risks in the public and private sectors.

    Foreign countries around the world are involved in some aspect of the manufacturing and distribution process of consumer goods tied to the internet of things that are aimed at the American market, leaving them vulnerable to adversaries seeking to weaken or compromise U.S. national security, Corell said.

    Supply chain risks include tampering or insertion of malicious software, or poor manufacturing practices. Ensuring strong supply chains is critical to protecting against these threats, whether from individual hackers operating a botnet or from state-sponsored foreign intelligence operations, she said.

    “It’s a complex topic, with no easy answers,” Corell said, adding that there is no single federal agency or private sector entity leading the way in the area of cyber supply risk management. “This isn’t on the horizon, it’s here now.”

    Another area of concern is the evolution of the telecom sector from fourth generation (4G) to fifth generation (5G) connectivity and the explosion of new IoT products. “The products are very exciting, and we need to embrace the technology but do it with our eyes open and make sure we’re managing the risk. We have a short window of time to get cybersecurity principles in place and get IoT right,” she said.

    From a cyber threat perspective, the 5G telecoms evolution presents a new level of vulnerability. It includes a concept called software defined networking, which Corell said decouples the control of the network from the rest of the functioning of the network. The flexibility and efficiency offered by software- defined networking is appealing, but the control plane becomes a sweet spot from a targeting perspective. “Our adversaries will certainly be looking at these areas of technology to pursue very aggressively,” she said.

    The capabilities of hackers are always changing and improving, adding to the challenge of protecting U.S. interests. “We’ll never have perfect (threat) information,” Corell said. Cybersecurity defense is about capacity building and having the agility to respond to a dynamic environment quickly.

    She said a number of recent attacks have occurred when the software supply chain is compromised through a trusted vendor with a software update that unleashes malware, sometimes unknowingly. “Whether you call it vendor vetting or vendor due diligence, this is the space we’re in,” Corell said. Companies should investigate potential vendors very thoroughly – simply following industry best practices isn’t enough anymore. For example, did the company ever file for bankruptcy? This kind of information can be critical when choosing vendors.

    Because the issues of supply chain management and integrated risk reduction in an IoT world are so complex, Corell said we need to think differently about our regulatory regimes relating to cybersecurity. “One can no longer outsource the thinking about risk in this space to your CEO or whatever. This is a risk problem that your business owns.”

     

    ABA President Hilarie Bass testifies to Senate in support of increased legal aid funding

    May 24, 2018 9:39 AM by glynnj

    WASHINGTON, May 24, 2018 — American Bar Association President Hilarie Bass filed written testimony Wednesday, May 23, with the Senate supporting increased funding for the Legal Services Corporation to help close America’s “justice gap.”

    The testimony expressed the ever-growing need for legal services in areas including the opioid crisis, and in recent natural disasters. It also emphasized the federal role in justice for all, recommended against placing an unfunded mandate for legal services on states and localities, and noted the complementary role legal aid services plays for the Congressional offices’ constituent services representatives.

    The ABA recommends restoring Legal Services Corporation funding, which has been cut sharply since FY2010, to at least the inflation-adjusted FY2010 level of $482 million

    The full text of Bass’ written testimony, submitted to the U.S. Senate Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies, can be found here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA ethics meeting includes programs on ‘alternative facts,’ AI and YELP complaints

    May 23, 2018 2:59 PM by glynnj

    CHICAGO, May 24, 2018 — The American Bar Association will convene next week its 44th National Conference on Professional Responsibility in Louisville, Ky., with an array of programs, including panels on sanctioning lawyers for deceit, legal issues in using artificial intelligence (AI) and responding to social media performance complaints.

    What:              
    44th National Conference on Professional Responsibility

    When:             
    May 31-June 1, 2018

    Where:            
    Louisville Marriott Downtown
    280 West Jefferson Street
    Louisville, Ky. 40202

    The conference, sponsored by the ABA Center for Professional Responsibility, is the pre-eminent educational and networking opportunity in the field of legal ethics and professional responsibility. Leading experts, scholars and practitioners from across the country will address trends and developments in legal ethics, professional discipline, professionalism and practice issues.

    On Friday evening, law professor Bruce Green will receive the Michael Franck Professional Responsibility Award, named in honor of Michael Franck, the late director of the State Bar of Michigan and long-time champion of improvements in lawyer regulation in the public interest. Green, who holds the Louis Stein Chair at Fordham University School of Law, directs the Louis Stein Center for Law and Ethics. A popular media expert on legal ethics, he also teaches and writes primarily in the areas of legal ethics and criminal law, and is involved in various bar association activities both with the ABA and the New York State Bar Association.

    Programs at the two-day conference include:

    “Ethics in Lawyers’ Use of Artificial Intelligence” — As machine capabilities allow the profession to diminish (or even remove) human participation from some tasks traditionally involved in the practice of law, this panel will explore how will these changes will affect the delivery of future legal services. Lawyers who work for businesses creating and expanding these machine capabilities and ethics lawyers will tackle the issues, including analysis of the ethical and legal accountability involved in AI.
    Thursday, 9-10:20 a.m., Marriott Ballroom, 2nd level


    “Lies, Damned Lies and ‘Alternative Facts’” — Lawyers are not allowed to lie — to clients, courts or third parties. But beyond deliberate false statements, the scope of the obligations relating to truth and integrity become less clear, such as apparent reckless and negligent statements that are likely false or misleading statements. Through a series of hypotheticals, this session will explore the issues of attorney candor, the parameters of what constitutes a misrepresentation and the consequences for violating one’s duty of candor.
    Thursday, 10:40-noon, Marriott Foyer, 2nd Level, Room 5

    “When Clients Go Rogue” — ABA Model Rule of Professional Conduct Rule 1.2(d) prohibits lawyers from assisting clients “in conduct that the lawyer knows is criminal or fraudulent.” The occasional report of a lawyer’s involvement in money laundering and terrorist financing raises questions of whether the word “knows” is defined as “actual knowledge” or should be construed as “knowledge (that) may be inferred from the circumstances.” The panel will explore when the suspicious nature of a client’s conduct becomes so obvious that a lawyer’s lack of actual knowledge can be deemed willful ignorance and whether this constitutes misconduct.
    Friday, 9-10:20 a.m., Marriott Foyer, 2nd Level, Room 5

    “What Do You Mean I Can’t Defend Myself on YELP?” — Lawyers have faced disciplinary sanctions for attempting to defend themselves by responding to former clients’ online false and sometimes defamatory negative reviews. Should the exceptions in the confidentiality rule permit lawyers to disclose information to defend their reputations online? This session will explore that question as well as what is happening in the various states involving these client information issues.
    Friday, 2-3:20 p.m., Marriott Foyer, 2nd Level, Room 5

    The CPR is the national leader in developing and interpreting standards and scholarly resources in legal and judicial ethics, professional regulation, professionalism and client protection. Its many publications provide up-to-date information and analysis regarding lawyer and judicial ethics and regulation. Also the ABA Standing Committee on Ethics and Professional Responsibility issues a series of formal opinions to help guide lawyers and judges.

    A complete conference agenda can be found online.

    For media credentials and more information, please contact Bill Choyke at 202-662-1864 or Bill.Choyke@americanbar.org

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

     

    Former EEOC General Counsel to Headline Hispanic Legal Conference May 31 in Chicago

    May 23, 2018 1:51 PM by glynnj

    CHICAGO, May 24, 2018 – David Lopez, former general counsel to the U.S. Equal Employment Opportunity Commission, will be the featured panelist at a half-day conference in Chicago on legal issues of interest to the Hispanic community.

    It is one of several nationwide conferences sponsored by the American Bar Association’s Commission on Hispanic Legal Rights and Responsibilities. The program will focus on sexual harassment in the workplace and legal advertising and communications to clients with limited English proficiency.

    The event will be held Thursday, May 31, 1:30 to 5 p.m., at the law firm of Jenner & Block, 353 N. Clark St., Suite 4300. A reception will follow from 5 to 7 p.m. The program qualifies for CLE credit for lawyers.

    Lopez was general counsel to the EEOC from 2010 to 2016. He is currently a partner at Outten & Golden and is the attorney-in-charge at the firm’s office in Washington, D.C. Lopez also co-chairs the firm’s Discrimination and Retaliation Practice Group.

    The conference will feature two panels:

    • The Impact of the #MeToo #YoTambien Movement in the White-Collar and Blue-Collar Workplace. The panel will discuss the connection between sexual harassment and human trafficking, counseling for survivors and how to empower women and men to speak up and change the workplace culture. Panelists will be Lopez, former ABA President Laurel Bellows, Maritza Reyes of Mujeres Latinas en Accion and James Botana of Jackson Lewis.

    • Ethical Considerations and Professional Responsibility of Lawyers When Advertising Legal Services and Communicating to Potential Limited English Proficient Clients. Panelists will discuss best practice for lawyers representing clients with limited English proficiency and FCC rules governing media. Panelists will be Lea Gutierrez of the Illinois Attorney Registration and Disciplinary Commission, Edna Uribe of Univision Communications, Mary Carmen Madrid Crost of the Madrid Crost Law Group, J. Damian Ortiz of the John Marshall Law School and reporter Michelle Gallardo of WLS-TV ABC7 News.


    Tickets are $40 for ABA members, $50 for non-members and $25 for nonprofit and government employees. Register online here. The program is co-sponsored by Jenner & Block LLP and the Madrid Crost Law Group.

    Other conferences sponsored the ABA Commission on Hispanic Legal Rights and Responsibilities will be held in June in New York and San Francisco. The commission, created in 2012, addresses challenges and responsibilities facing Hispanics in the United States legal system.

    For more information on the commission, visit ambar.org/chlrr.  For more information on the program, contact Nancy Andrade at nancy.andrade@americanbar.org.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that will cite case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Fair Housing Acts’ 50th anniversary, the current state of housing among topics at ABA Meeting

    May 23, 2018 10:49 AM by romeroi

    WASHINGTON, May 23, 2017 — Legal, government and private housing experts will convene to discuss fair housing, economic development, tax reform and affordable housing at the American Bar Association’s 27th Annual Forum on Affordable Housing and Community Development Law Meeting on May 23-25 in Washington, D.C.

    Pamela Hughes Patenaude, deputy secretary of the U. S. Department of Housing and Urban Development, is scheduled to give remarks on Thursday, May 24 at 8:45 a.m.

    Lisa Rice
    , president and CEO of the National Fair Housing Alliance, will speak about the, “Fair Housing Act at 50,” on Friday, May 25 at 8:30 a.m.

    What:   27th Annual Meeting
                 Sponsored by the ABA  Forum on Affordable Housing and Community Development Law 

    When:
      May 23-25, 2018 

    Where:
    Mandarin Oriental Hotel
                 1330 Maryland Ave. SW
                 Washington, D.C. 20024

    The complete meeting agenda can be found here.

    This event is free and open to the members of the press. For media credentialing, please contact Betsy Adeboyejo at 202-662-1039 or Betsy.Adeboyejo@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New edition of ABA book includes new, enhanced tools to streamline the M&A process

    May 23, 2018 9:47 AM by glynnj

    CHICAGO, May 23, 2018 — The American Bar Association recently released the second edition of the book, “Using Legal Project Management in Merger and Acquisition Transactions,” a resource guide and toolbox for deal lawyers who seek to more effectively plan, manage and execute M&A transactions.

    The guidebook answers clients’ demands for value by helping lawyers to work more efficiently and provide clients greater predictability through basic project management tools from scoping to after-action assessments.

    Organized into “Pre-Deal,” “Deal” and “Post-Closing” phases, the guidebook includes:

    • Valuable guidance on using legal project management to implement an organizational and communications framework that enables deal attorneys to better plan, manage and execute M&A transactions
    • Four billing and budgeting tools, including a menu of alternative fee arrangements for M&A transactions
    • Various checklists, forms and tools you can download from a companion website and customize to implement legal project management in your deal practice.

    The new edition of the guidebook includes five new tools:

    • Multi-Jurisdictional Transaction Checklist
    • Carveout Transaction Checklist
    • Post-Acquisition Integration Checklist
    • M&A Deal Magnitude and Complexity Tool
    • Budgeting Tool

    About the editors: Byron Kalogerou is a partner at McDermott Will and Emery in Boston. He focuses his practice on domestic and cross-border mergers and acquisitions, finance and joint ventures and alliances. Dennis White is senior counsel in the business law group at Verrill Dana LLP in Boston. His practice focuses on transactional matters, including mergers and acquisitions, restructurings and sales of distressed companies, as well as on corporate governance. Kalogerou and White serve as co-chairs of the ABA Business Law Section’s Task Force on Legal Project Management in M&A Transactions established by the Mergers and Acquisitions Committee.

    Title:                “Using Legal Project Management in Merger and Acquisition Transactions,       Second Edition
    Publisher:        ABA Publishing/Business Law Section
    Pages:              224
    Product Code: 
    5070758
    ISBN:               978-1-64105-169-9
    Size:                 7 x 10
    Binding:           Paperback
    Price:               $89.95
    Orders:            800-285-2221 or ShopABA.org

    Editor’s note: Author interviews and review copies of this book are available by emailing Katrina Krause at Katrina.Krause@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Katrina Krause, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    American Bar Association announces 2018 Silver Gavel Awards for media and the arts

    May 22, 2018 2:32 PM by glynnj

    WASHINGTON, May 23, 2018 —The American Bar Association today announced its selections for the 2018 Silver Gavel Awards for Media and the Arts, which recognize outstanding work that fosters the American public’s understanding of law and the legal system. This is the ABA’s highest honor in recognition of this purpose. 

    The Silver Gavel awarded-work focused on such matters as policing, Japanese American internment during World War II, Thurgood Marshall, Guantánamo, a murder trial, and mortgage-fraud prosecution.

    The winners are:

    • “Unwarranted: Policing Without Permission, a book in which author Barry Friedman examines the impact of 21st century law enforcement on contemporary Americans and makes the case for democratic policing—the idea that the people should take responsibility for policing.  

    • “And Then They Came for Us,” a documentary that tells the story of the forced incarceration of 120,000 Japanese Americans during World War II that resulted from President Roosevelt’s signing of Executive Order 9066.

    • “Marshall, a feature-film dramatization of the 1941 Bridgeport, Conn., rape trial of African-American chauffeur Joseph Spell, who was defended by the young NAACP Legal Defense Fund lawyer Thurgood Marshall and local attorney Sam Friedman.

    • “Death-Penalty Defense at Guantánamo War Court,” a series of Miami Herald newspaper articles by Military Affairs reporter Carol Rosenberg comprehensively covering the “war court” or military commissions established to prosecute detainees at Guantánamo Bay, Cuba.

    • “Breakdown Season 6: A Jury of His Peers,” a radio podcast that takes listeners on a journey inside an Atlanta double murder trial—from investigation to jury selection to the presentations of the parties to verdict—as well as to the jury room and back again.

    • “Abacus: Small Enough to Jail,” a PBS television documentary about the five-year legal battle of the owners of a New York City Chinatown savings and loan charged with mortgage fraud—the only U.S. bank to be prosecuted following the 2008 financial crisis.
        

    ABA President Hilarie Bass will present Silver Gavels and honorable mentions on July 17 at the National Press Club in Washington, D.C. Akhil Amar, Sterling Professor of Law and Political Science at Yale University, is the featured speaker.

    The ABA will present six Silver Gavels and four honorable mentions from 166 entries received in all eligible categories, which include books, commentary, documentaries, drama and literature, magazines, multimedia, newspapers, radio and television.

    Only one Silver Gavel is presented in each category.

    Selection criteria include how the entry addresses the Gavel Awards’ purpose and objectives; educational value of legal information; impact on, or outreach to, the public; thoroughness and accuracy in presentation of issues; creativity and originality in approach to subject matter and effectiveness of presentation; and demonstrated technical skill in the entry’s production.          

    “The American Bar Association engages in a careful, deliberative judging process to pick winners of the Silver Gavel Awards,” said Stephen C. Edds, chair of the ABA Standing Committee on Gavel Awards. “We congratulate all of our 2018 awardees for their extraordinary efforts to foster the American public’s understanding of law.”

    The association has presented these awards each year since 1958. The 18-member ABA Standing Committee on Gavel Awards makes the final award decisions. To learn more about the Silver Gavel Awards, go to www.ambar.org/gavelawards.

    The following is a complete list of Silver Gavel winners and honorable mentions with a link to their work:

    BOOKS

    Silver Gavel
    “Unwarranted: Policing Without Permission”
    Barry Friedman, author
    Farrar, Straus and Giroux
    https://us.macmillan.com/books/9780374537456

    Honorable Mention
    “In Praise of Litigation”
    Alexandra Lahav, author
    Oxford University Press
    https://global.oup.com/academic/product/in-praise-of-litigation-9780199380800?cc=us&lang=en&

    DOCUMENTARIES

    Silver Gavel
    “And Then They Came for Us”
    Ginzberg Productions
    Abby Ginzberg, producer and co-director
    Ken Schneider, editor and co-director
    Tatsu Aoki, composer
    Richard Cahan, associate producer and photo historian
    https://www.thentheycamedoc.com/

    Honorable Mention
    “They Call Us Monsters”
    BMP Films
    Ben Lear, director
    Sasha Alpert, producer
    https://www.theycallusmonsters.com/

    DRAMA & LITERATURE

    Silver Gavel
    “Marshall”
    Michael Koskoff and Jacob Koskoff, writers
    Reginald Hudlin, director and producer
    Paula Wagner and Jonathan Sanger, producers
    Chestnut Ridge Productions and Hudlin Entertainment
    Open Road Films and Starlight Media
    http://marshallmovie.com/

    NEWSPAPERS

    Silver Gavel
    “Death-Penalty Defense Drama at Guantánamo War Court”
    Miami Herald
    Carol Rosenberg, Military Affairs reporter
    Dave Wilson, senior editor
    http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/

    Honorable Mention
    “Secrecy Rules”
    Star Tribune (Minneapolis, Minn.)
    James Shiffer, reporter
    http://www.startribune.com/secrecy-rules/434348243/

    RADIO

    Silver Gavel
    “Breakdown Season 6: A Jury of His Peers”
    The Atlanta Journal-Constitution
    Richard Halicks, senior editor
    Kevin Riley, editor-in-chief
    Bill Rankin, legal affairs writer
    Pete Corson, audience specialist
    https://www.myajc.com/voices/breakdown/

    Honorable Mention
    “Null and Void”
    Radiolab at WNYC
    Maria Matasar-Padilla, managing director
    Tracie Hunte, reporter
    Matt Kielty, producer
    Soren Wheeler, managing editor
    https://www.wnycstudios.org/story/null-and-void

    TELEVISION

    Silver Gavel
    “Abacus: Small Enough to Jail”
    PBS Distribution, Frontline, and ITVS
    Mitten Media, Motto Pictures and Kartemquin Films Production
    Steve James, director
    Mark Mitten, producer
    Julie Goldman, producer
    https://www.abacusmovie.com/

     

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Stetson University College of Law named inaugural ABA Competitions Champion

    May 22, 2018 2:23 PM by glynnj

    CHICAGO, May 22, 2018 — The American Bar Association has named Stetson University College of Law in Gulfport, Fla., the inaugural ABA Competitions Champion.

    Competitions Champion is awarded to the law school that garnered the most points through team achievements and participation in the ABA Law Student Division’s four practical skills competitions: The Arbitration Competition, Negotiation Competition, Client Counseling Competition and National Appellate Advocacy Competition (NAAC Moot Court). Ranking criteria and the point totals for the top teams can be found here.

    “Our four competitions offer students an amazing opportunity to hone essential lawyering skills before they enter practice. Through consistent participation and success in ABA competitions, these law schools display especially well-rounded practical skills training programs. We are thrilled to recognize these schools through the Competitions Championship,” said Connie S. Smothermon, Competitions Committee co-chair and director of Competitions & Externships, University of Oklahoma College of Law.

    Stetson fielded nine teams across four competitions and advanced to the national finals in the Arbitration, Negotiation and Client Counseling Competitions. Vanessa Denk and Jahanna Azarian finished as national semifinalists at the Client Counseling Nationals in March at North Carolina Central University. The Arbitration team of Olivia Mejido, Max Brown, Caroline Garrity and Meghan Sullivan placed first at the regional competition at Michigan State University College of Law.

    “We are delighted to be recognized by the preeminent organization of our nation’s lawyers. Importantly, these skills are the foundation on which our students will build their professional careers to effectively represent clients and advocate for our communities,” added Christopher M. Pietruszkiewicz, dean and professor of law, Stetson University College of Law.

    ABA competitions teach law students real-world legal skills in a simulated practice environment. Judges for the competitions included volunteer attorneys and sitting members of the bench. This year, over 1,300 students from 156 law schools participated in one or more of the competitions sponsored by the Law Student Division.

    Top Ten ABA Competition Law Schools by Points

    1. Stetson University College of Law
    2. Texas Tech University School of Law
    3. Drake University Law School
    4. Liberty University School of Law
    5 (tie). University of Oklahoma College of Law
    5 (tie). Michigan State University College of Law
    7 (tie). Chapman University School of Law
    7 (tie). University of Illinois College of Law
    9. Southern Methodist University – Dedman School of Law
    10 (tie). South Texas College of Law
    10 (tie). Texas A&M University School of Law

    For more information on the ABA Law Student Division and the competitions, visit abaforlawstudents.com/.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Top legal experts explore sexual harassment in the legal profession in ABA webinar

    May 21, 2018 4:00 PM by glynnj

    WASHINGTON, May 21, 2018 —Sexual harassment in the legal profession will be the focus of the American Bar Association program, “The Shameful Truth: Sexual Harassment in the Legal Profession,” during a May 23 webinar. The program is part four of a six-part series, Sexual Harassment & Assault in the Workplace Webinar Series.

    What:  
    The Shameful Truth: Sexual Harassment in the Legal Profession
    presented by the ABA Section of Civil Rights and Social Justice

    When: 
    Wednesday, May 23, 11 a.m.—12:30 p.m. EST

    Where:
    Webinar

    Register, here, for the webinar and if you would like to receive a recording of the program.

    Former ABA president Paulette Brown and Gregory S. Chiarello, editor of Zero Tolerance: Best Practices for Combating Sex-Based Harassment in the Legal Profession, will discuss:

    • The physical and emotional effects of sex-based harassment on female lawyers
    • Factors that contribute to lowered job satisfaction and disillusion
    • The power dynamics affiliated with associates and female partners when they are assaulted on the job
    • How harassment from client relations opens the door for collective injuries against female lawyers
    • Explore how the lawyers’ model rules could fight harassment


    Moderating the discussion will be Stephanie A. Scharf,
    chair of the the ABA Commission on Women in the Profession, and principal at Scharf, Banks & Marmor LLC.

    This event is open to members of the media. For press credentialing, please contact Betsy Adeboyejo at Betsy.Adeboyejo@americanbar.org.

    This program is part of a six-part series. The next webinar, Part Five: “What is the Link Between Sexual Harassment, Sexual Assault and Domestic Violence in the Workplace?,” will be held on Wednesday, June 27 from 1- 2 p.m. To register for that webinar, click here. The sixth program — the topic to be announced soon —  will take place during the ABA Annual Meeting in Chicago, Aug.4 from 10-11:30 a.m. CST.

    To listen to previous webinars, click on the links below and insert your name and email to gain access to the programs.

    Part One: Sexual Harassment & Assault in the Workplace: What is it, where does it come from, what is its scope and impact, and what is the history of sexual harassment law in response to it?

    Part Two: Barriers to Combatting Sexual Harassment In and Out of Court and Legislative Responses in the #MeToo Moment

    Part Three: Hey Hun! Just how bad do you want your heat fixed?" – Sexual Harassment in Residential Housing.

    Partnering with the ABA Section of Civil Rights and Social Justice for the series are the ABA Commission on Domestic & Sexual Violence, the ABA Commission on Women in the Profession, and the ABA Young Lawyers Division.

    The ABA Section of Civil Rights and Social Justice provides leadership within the legal profession in protecting and advancing human rights, civil liberties and social justice. Representing nearly 10,000 members with a wide range of professional interests, the section keeps its members abreast of complex civil rights and civil liberties issues and ensures that the protection of individual rights remain a focus of legal and policy discussion.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA Legal Fact Check explores prosecutors' conflict of interest

    May 21, 2018 10:45 AM by glynnj

    WASHINGTON, May 21, 2018 — The American Bar Association posted today a new ABA Legal Fact Check that explores when a prosecutor should consider stepping aside from a case because of a potential conflict of interest.

    Late last month, Attorney General Jeff Sessions was subjected to a sharp rebuke from Sen. Patrick Leahy, the ranking Democrat on the U.S. Senate Appropriations Committee, when he declined to say at a hearing whether his recusal from campaign-related investigations also extends to the federal inquiry into President Donald Trump’s personal lawyer Michael Cohen.

    The new fact check explores the federal regulations related to recusal and under what circumstances a prosecutor is required to recuse himself/herself from a matter. Prosecutors are not automatically required to step aside in political matters unless a clear conflict exists under state model rules or federal regulations.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New tax law implications explored in ABA webinar

    May 21, 2018 7:03 AM by glynnj

    The ABA Tax Section will offer a webinar on Wednesday, May 30 focused on the new tax law. Tune in at 1 p.m. EST to “Tax Planning for Law Firms under the 2017 Tax Act.”

    The newly enacted 2017 Tax Act will be particularly relevant to lawyers and law firms. Due to the provisions of the law, changes will be made to the taxation of small and closely held businesses and pass-through entities, including most law firms.

    Moreover, the act’s new 20-percent passthrough deduction specifically excludes legal service income, leaving many lawyers considering their options.

    Hear from Morgan L. Klinzing of Pepper Hamilton, LLP, Robb A. Longman of Longman & Van Grack, LLC, and Roger Royse of Royse Law Firm to learn more about the potential impact the new tax legislation will have on lawyers and their firms and how attorneys might take advantage of its new provisions. 

     

    DOJ Antitrust official discusses top health care priorities: Collusion, M&A, consumer protection, more

    May 17, 2018 2:29 PM by glynnj

    Deputy Assistant Attorney General Bernard Nigro addresses the ABA’s Antitrust in Healthcare meeting in Arlington


    Calling health care “a large and critical part of our nation’s economy,” Deputy Assistant Attorney General Bernard (Barry) Nigro said that in 2016, health care spending by households, businesses and the government accounted for about 18 percent of the GDP and totaled $3.3 trillion, or about $10,343 per person.

    Nigro, who is one of five deputy assistant attorneys general recently added to the Department of Justice’s Antitrust Division, asked attendees at the ABA’s Antitrust in Healthcare meeting held May 17 at the Ritz-Carlton Pentagon City in Arlington, Va., to imagine a reduction in competition that causes prices to rise by 5 percent throughout the industry.

    That would result in $165 billion in annual consumer harm, he said.

    And it is not just money that is at stake, Nigro said, but reduced quality and accessibility of health care by just 5 percent would cut short millions of lives.

    “Therefore, few if any segments of our economy merit higher priority when it comes to antitrust enforcement,” he said.

    In the area of criminal enforcement, Nigro said, “price fixing and naked market allocation agreements are effectively agreements to steal from consumers, whether in the form of higher prices or … fewer choices.”

    He said DOJ had been working to detect and deter collusion in the generic pharmaceuticals industry. “In 2017, nearly 3.9 billion generic prescriptions were dispensed, accounting for 89 percent of all prescriptions filled in the U.S., but only 26 percent of the drug spend.”

    Because so many Americans depend on generic drugs due to their affordability, “it’s critical that these markets remain competitive,” Nigro said.

    Still, DOJ has found that some corporations and executives “have sought to enrich themselves at the expense of consumers who rely on these critical medications,” he said.

    “It is hard to imagine a more brazen antitrust crime than colluding to take money out of the pockets of seniors and others whose health depends on prescription drugs,” Nigro said.

    In late 2016, the Antitrust Division filed its first charges against two executives of a generic pharmaceutical company for price fixing, bid rigging and customer allocation for an antibiotic and a drug to treat diabetes. Both pled guilty and agreed to cooperate with DOJ in the ongoing investigation, Nigro said. Other criminal investigations are ongoing.

    On the civil side, Nigro pointed out that in 2017, “the division won a major victory for American consumers in two majorhealth-care insurance merger trials.”

    He was referring to Anthem’s proposed acquisition of Cigna (“which would have been the largest proposed transaction in the health care industry”) and Aetna’s proposed acquisition of Humana.

    The division believed that “the proposed transactions would have increased concentration and harmed competition among health insurers…. consumers would have born the consequences in the form of higher prices and reduced benefits,” he said.

    Additionally, Nigro said the proposed mergers “would have deprived consumers and health-care providers of the innovation and collaboration necessary to improve health care outcomes.”

    Currently, he said, the department is looking into CVS’s proposed acquisition of Aetna and Cigna’s proposed acquisition of Express Scripts.

    In addition to mergers, Nigro said DOJ is actively challenging anticompetitive conduct by health-care providers, and is currently in litigation challenging Atrium Health’s practice of including “so-called anti-steering restrictions in its contracts with major health insurers.” DOJ claims the company “used these restrictions to protect itself from price competition and consumers lost the benefit of that competition,” he said. A trial is scheduled for next year.

    Earlier this year, DOJ reached a settlement with Henry Ford Allegiance Health in Michigan regarding anticompetitive practices, Nigro said.

    Nigro also addressed the division’s work in protecting taxpayers. “The federal government spends a significant part of its budget on health care-related fees, so it, too, like taxpayers, is harmed by anticompetitive conduct in the health care industry,” he said.

    Therefore, he said, pursing treble damages under Section 4A of the Clayton Act

    • deters cartels and other anticompetitive conduct
    • compensates taxpayers for the harms the government suffers due to antitrust violations


    Another component of the division’s work, Nigro said, is competition advocacy.  Both individually and with the Federal Trade Commission, DOJ has worked to raise awareness of the importance of antitrust enforcement in the health care industry.

    Summing up, Nigro said that “antitrust enforcement will continue to play an outsized role in the health care industry,” because competition:

    • Keeps prices down
    • Broadens access to health care products and services
    • Promotes higher-quality care and
    • Encourages innovation


    The meeting was sponsored by the ABA Section of Antitrust Law, ABA Health Law Section and the American Health Lawyers Association.

    ABA sections comment on Canadian Competition Bureau Abuse of Dominance Enforcement Guidelines

    May 17, 2018 11:38 AM by romeroi

    WASHINGTON, May 17, 2018 — The American Bar Association sections of Antitrust Law and International Law have released joint comments on the Canadian Competition Bureau Abuse of Dominance Enforcement Guidelines. 

    These views are presented only on behalf of the sections. They have not been approved by the ABA House of Delegates or Board of Governors and should not be construed as representing the policy of the American Bar Association.

    The cover letter and comments, dated May 14, 2018, are available for review online.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues.
    Go to
    www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    U.S. senator stresses security standards for internet of things devices

    May 15, 2018 2:12 PM by glynnj

    Speaking on the internet of things, U.S. Senator Mark R. Warner (D-VA) warns of cyber threats to our national security and proposes that IoT devices meet minimum security requirements.

    Warner spoke on May 9 at the ABA Section of Science & Technology Law’s Internet of Things National Institute in Washington, D.C.

     

    Senator discusses “asymmetrical threat” at ABA Internet of Things conference

    May 14, 2018 3:23 PM by glynnj

    Senator Mark Warner (D-VA) addresses The Internet of Things National Institute, sponsored by the ABA Section of Science and Technology Law


    The Internet of Things (IoT) National Institute, sponsored by the ABA Section of Science and Technology Law, attracted many business owners, lawyers and policy makers to its third annual meeting at the offices of Crowell & Moring LLP, May 9-10, in Washington, D.C.

    Among these was keynote speaker Sen. Mark Warner (D-Va.), who discussed the potential vulnerabilities and advancements to be made with the nations’ use of IoT devices, along with cybersecurity.

     “One area that is the lowest hanging fruit where the United States ought to move is on the question of Internet of Things,” Warner said. “I find it fundamentally bizarre where we live in a world where we have roughly about 10,000,000 IoT connected devices yet we have no minimum-security standards inside of IoT.”

    IoT refers to computing devices that are interconnected via the internet and are embedded in everyday objects such as cars, thermostats and even hair dryers, which enable them to send and receive data. These IoT sensors constantly collect data, some of which can be very sensitive, such as collecting data from a usage patterns with an IoT-connected toy.

    “One aspect of the low-hanging fruit around a cyber doctrine would be to say that the United States of America ought to at least, in terms of our tax dollars, make sure that when the federal government buys an IoT connected device, it has basic security built in,” says Warner.

    The issue of security and privacy with IoT-connected devices poses a large risk for possible security breaches and privacy hacks.

    “I believe the single largest threat we face in our nation right now is this asymmetrical threat posed by an ever-widening world of cyber vulnerabilities combined with these new tools of misinformation and disinformation in ways that we are not prepared for,” said Warner.

    When asked by Jody Westby, CEO of Global Cyber Risk and the co-chair of ABA SciTech’s Privacy and Computer Crime Committee, his thoughts on supporting the establishment of a cyber committee on Capitol Hill to work on establishing safer security standards for IoT devices, Warner’s initial response was yes. However, he raised the potential issue of trading cyber expertise for domain expertise, and said the goal would be to maintain both cyber and domain expertise simultaneously.

    Working with the National Institute of Standards and Technology as well as industry standards, Warner encouraged the government to purchase IoT devices that can be updated and refrain from buying those that have fixed passcodes.

    The two-day institute provided an opportunity for about 120 attendees to share knowledge and learn about issues and advancements surrounding IoT-connected devices as well as to voice concerns directly to policy makers on Capitol Hill.

    Among the other speakers were U.S. Rep. Jerry McNerney (D-Calif.), who addressed IoT initiatives before Congress, and U.S. Rep. Robin Kelly (D-Ill.), who spoke on IoT oversight on Capitol Hill.  Commissioner of the Federal Trade Commission Terrell P. McSweeney and the FTC’s acting chief technologist, Neil Chilson, spoke about emerging security and privacy issues in a connected world

    Council adopts proposal to make standardized test optional for law schools

    May 14, 2018 2:07 PM by glynnj

    The requirement that American Bar Association-approved law schools mandate that 1L applicants submit a standardized law school admissions test as part of their admissions application would become optional under changes adopted by Council of the ABA Section of Legal Education and Admissions to the Bar at its meeting on May 11 in Washington, D.C.

    The passage followed a recommendation made last month by the Council’s Standards Review Committee (SRC), which had considered the particular matter for months and the general question of the role of an admissions test in the standards for several years. The proposal had been the subject of a public hearing in April, and the SRC and the Council had received many written comments on the matter.

    The next step for the standardized test recommendation – and others approved May 11 -- would be review of the matter by the ABA House of Delegates, which meets in early August in Chicago.

    The changes to Standards 501 and 503 of the ABA Standards and Rules of Procedure for Approval of Law Schools would eliminate the requirement of a “valid and reliable test” as part of a law school’s admissions process. Debate over what constitutes such a test and its role in the standards has been growing for several years since some law schools were granted variances to explore the use of nontraditional tests under certain, limited conditions.

    These conditions are set out in two interpretations to the current Standard 503. Subsequently, in February 2016, the University of Arizona College of Law, based on a study done with the Education Testing Service (ETS), announced it had concluded that ETS’s Graduate Record Exam (GRE) was a valid and reliable law school admissions test that it could require in lieu of the Law School Admissions Test (LSAT) under Interpretation 503-1. More than 15 law schools have concluded that the GRE, in addition to the LSAT, is a valid and reliable test for their programs.

    Developed and administered by the Law School Admissions Council (LSAC), the LSAT has been the test used by schools for more than a half century. Highly predictive of student success in the 1L year and beyond, law schools have relied on the LSAT in their admissions processes. Additionally, the LSAC has developed other services and programs on which law schools have relied, making the LSAC one of the key national legal education organizations.

    Significantly, the Council also adopted a new interpretation recommend by the SRC – viewed as an explainer – that would establish a “rebuttable presumption” that recognizes the centrality of a valid and reliable admissions test in law schools’ admissions policies and practices. It provides that a school whose admissions policy and process were called into question by the Council would presumptively be out of compliance with the revised Standard 501 if it did not include a valid and reliable admissions test as part of its policy. Standard 501 states that a school must “maintain sound admission policies and practices consistent with the standards, its mission and the objectives of its program of legal education,” and that it “shall only admit applicants who appear capable of satisfactorily completing its program of legal education and being admitted to the bar.”

    Referring to the current approach of the standards for a test, Robert Glidden, a public member of the Council and former university president and provost who served on the Accreditation Committee, summed up the thoughts of many on the Council when he said, “It’s just too messy.”

    Following the meeting, Barry Currier, managing director of ABA Accreditation and Legal Education, said he expected law schools to continue relying on an admissions test in their admissions policies, and he expected that, for now, schools would primarily rely on the LSAT.

    “The use of tests other than the LSAT, including the GRE, may add to the group of individuals who wish to study law, and that might be a positive development,” Currier said. Further, he noted that the removal of the requirement of a test opens opportunities for innovation in how law schools might attract individuals to law study who can contribute to the ongoing challenges of diversifying the profession, increasing access to justice and accelerating other needed reforms in the legal profession.

    “While there are admissions tests aimed at other professions which are taken by all or most of the applicants to those professional schools, law is the only profession that requires such a test in its accreditation standards,” Currier said. “Given the history and utility of the LSAT and the role the LSAC has played as an important organization within legal education beyond the test itself, the use of other tests, or the option of no test at all, are likely to be supplemental to, and not a replacement for, the LSAT in legal education generally.”

    Under the procedures of the Council, the ABA House of Delegates can concur with the recommendation, in which case the changes will be effective at the adjournment of the House’s meeting in August, or the House can reject the proposal and return it to the Council. The Council may then return the proposal for a second consideration. If the House again does not concur, the Council may then reaffirm the action that it took to approve the standard and it will become effective. Alternatively, the Council may choose to reconsider its action. In either event, the final decision for this and any standard rests with the Council.

    In other public business, the Council approved SRC recommendations on the agenda that included:

    • New language for Standards 205 and 206, which deal with nondiscrimination and diversity and inclusion, that adds “gender identity” to the list of characteristics that are covered by those provisions. Further, the new language, consistent with requests to the SRC from several religiously affiliated law schools, notes that the standard does not require a religiously affiliated law school to act inconsistently with the essential elements of its religious values and beliefs provided that the actions are protected by the First Amendment of the U.S. Constitution.

    • Changes in Standard 303 and Standard 304 covering simulation, clinic and field placement. Essentially, the change re-inserts language that earlier had been proposed to be deleted. The standard now includes language that an experiential course be “primarily experiential in nature,” and that “direct supervision of the student’s performance by the faculty member” be inserted both for simulation and clinic courses and for field placements.

    • Revisions for Standard 306 that would allow law schools to provide one-third of its required credits be taught online, including up to 10 credits in the 1L program. The current rule limits the number of such credits to 15. ABA standards now require at least 83 credit hours for graduation although most schools require more, with the usual range being between 86 and 90 credits. As adopted, the revised standard would effectively raise the number of credits for distance learning to at least 28 credit hours and, in many cases, 30 credit hours.

    • A reworking of Standard 601, which deletes the requirement of a written assessment for the library during the reaccreditation process. Some law librarians had requested the change, but a written report is not required now for other nonacademic areas of the law school.


    The Council also approved a restructuring plan, with bylaw and standards and rules changes, that will eliminate the SRC and the Council’s Accreditation Committee, returning the work of the ABA law school accreditation process to the Council itself.

    The intent of these charges is improvement of the effectiveness and the efficiency of the process. The bylaw changes need approval of the ABA Board of Governors and the section membership, which will be voted on at the section’s business meeting at the ABA Annual Meeting in August.

    The House of Delegates will be asked to concur in these changes at its meeting in August. The restructuring plan includes moving the normal cycle for comprehensive review of a law school program from 7 to 10 years and increasing the use of the interim monitoring process, which tracks school performance each year and provides increased oversight of schools about which the Council may have concerns.

     

    Expert discusses ‘Internet of Things’ and emerging cybersecurity risks at ABA luncheon

    May 14, 2018 1:10 PM by glynnj

    WASHINGTON, May 15, 2018 — While the growing number of devices connected to the “Internet of Things” improves the convenience of everyday life, it also poses cybersecurity risks. Joyce Corell, assistant director of the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center, will advise lawyers on their role in countering and preventing these dangers at a May 22 luncheon sponsored by the American Bar Association Standing Committee on Law and National Security.

    Corell will explain the importance of strong supply chains, and answer several important questions, such as: How will these risks be defined and are our current policies adequate? What laws, policies and doctrines are missing? How will we guard against all the threats, whether from individual hackers operating a botnet or from state-sponsored foreign intelligence operations?

    What:        
    Joyce Corell on “The Internet of Things and Supply Chain:
    The Next Generation of Vulnerabilities in National Security”    

    When:       
    Tuesday, May 22
    12:30-1:45 p.m. ET

    Where:      
    University Club
    1135 16th St. NW
    Washington, D.C.  20036

    There is no charge for media covering this event. To register, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Alberto J. Mora to lead ABA global programs

    May 14, 2018 6:38 AM by glynnj

    WASHINGTON, May 14, 2018 - Alberto J. Mora, senior fellow at the Harvard Kennedy School of Government’s Carr Center for Human Rights Policy, has been named associate executive director for global programs at the American Bar Association and director of the ABA Rule of Law Initiative (ABA ROLI), effective May 21.

    Mora, who will lead ABA ROLI’s $40 million international development program and oversee the association’s other international entities, brings to the association broad experience in international law and government. Mora was the chief legal officer at Mars, Incorporated (2008-13) and Walmart International (2006-08) before his current position at the Carr Center, where he teaches and conducts research on issues related to human rights, foreign policy and national security.

    Mora’s extensive career in international affairs began with his work as a foreign service officer during the 1970s. He later served from 1989-93 as general counsel at the United States Information Agency, where he was the chief legal officer for USIA and Voice of America, directing the agency’s legal affairs with 200 USIA posts in 130 countries.

    Mora was general counsel (chief legal officer) of the Navy and Marine Corps (2001-05) with management responsibility for more than 800 attorneys and personnel across 146 offices throughout the United States and overseas. In that role, he also served as the departments’ chief ethics officer.

    Additionally, Mora served as the reporting senior of the Naval Criminal Investigative Service, as the department’s chief ethics officer and, on occasion, as acting secretary of the Navy. In 2006, Mora was recipient of the John F. Kennedy Profile in Courage Award in recognition of his opposition to the abusive interrogation of detainees held at the Guantánamo Bay base.

    ABA President Hilarie Bass said, “The American Bar Association is thrilled that someone of Alberto’s experience, reputation and integrity is joining our organization as associate executive director of global programs. The ABA’s rule of law programs in more than 50 countries, as well as its Center for Human Rights, will all benefit from having someone with Alberto’s leadership skills to support and enhance their critically important programs.”

    ABA Executive Director Jack Rives noted, “I am delighted to welcome Mr. Mora as leader of our international rule of law and human rights programs. He has an exceptional background and proven abilities in this critical area.”

    Mora replaces Elizabeth Andersen, who recently announced her appointment as executive director of the World Justice Project.

    “I am deeply honored to have been entrusted with the leadership of this extraordinarily important program,” said Mora.  “At home and abroad, the duty to protect and advance human dignity begins with ensuring that human rights and the rule of law are observed. No organization is more committed to these ideals than the ABA, and I am proud to be able to contribute to its efforts.”

    Since its founding as the Central European and Eurasian Law Initiative in 1990 after the fall of the Berlin Wall, ABA ROLI has become one of the nation’s largest non-profit international development programs that promotes the rule of law. It now offers technical legal assistance and other programs in more than 50 countries and has almost 400 personnel at its Washington, D.C., office and throughout the world. Its programs are concentrated in four thematic areas: governance and justice system strengthening; human rights and access to justice; transitions, conflict mitigation and peacebuilding; and inclusive and sustainable development.

    Other ABA international programs that Mora will oversee include the ABA Center for Human Rights. CHR addresses critical human rights issues through a range of activities, including its Justice Defenders Program, which provides pro bono assistance to human rights advocates around the world, and its Atrocity Prevention Project, which works to identify and address conditions that may lead to mass atrocities.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New ABA data reveals rise in number of U.S. lawyers, 15 percent increase since 2008

    May 11, 2018 2:02 PM by romeroi

    CHICAGO, May 11, 2018 - Newly released survey data from the American Bar Association on the nationwide population of lawyers indicates a total of 1,338,678 licensed, active attorneys in the United States. The total represents a 0.2 percent increase since last year and a 15.2 percent rise over the past decade in number of U.S. lawyers.

    The American Bar Association National Lawyer Population Survey is an annual snapshot of the number of licensed practicing lawyers in the 50 states, Washington, D.C., and five U.S. territories. The association compiles this information each year from data voluntarily submitted by state bar associations or licensing agencies that are asked to provide the number of resident and active attorneys as of December 31 of the prior year. Under those parameters, the 2018 survey represents data as of December 31, 2017.

    Overall, the 2018 survey indicates a slight gain in the national lawyer population, rising 0.2 percent from 1,335,963 active resident attorneys on December 31, 2016 to 1,338,678 lawyers on the same day in 2017. A look at the 10-year trend in lawyer population also shows modest year to year increases since 2008, culminating in 2018 with an overall 15.2 percent gain in practicing U.S. lawyers over the decade.

    Among other findings from the report, the top five areas with the largest number of active attorneys in residence are New York (177,035), California (170,044), Texas (90,485), Florida (78,244) and Illinois (63,422). The top five areas with the fewest resident attorneys are North Dakota (1,694), Virgin Islands (776), Guam (270), North Mariana Islands (128) and American Samoa (59).

    The 2018 data is presented in three tables. The first is a state-by-state listing of the number of resident lawyers with comparable data from the previous year. The next table shows the trend in population over the past 10 years, again organized by geographic area. And the last table offers the total number of lawyers by year from 1878 to present.

    The numbers presented in the 2018 population report reflect the best available data provided to the ABA from the state associations and agencies. The organizations responding to the survey sometimes change their reporting standards. Among the changes affecting the 2018 report, Vermont was not able to provide current data for 2017 so the data from the most recent submission were used (2016). Virgin Islands was not able to provide residency data in 2018 due to Hurricanes Irma and Maria, causing the significant increase in lawyer count. In 2018, Oklahoma removed senior members from the count of active residents (they can still practice but are over the age of 70), causing the significant drop in lawyer count. Each table is footnoted to provide relevant detail on the data submitted by each responding entity.

    A full copy of the 2018 survey is located here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues.
    Go to
    www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

     

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow 

    ABA and Environmental Law Institute release updated e-book on environmental protection in Trump era

    May 9, 2018 6:28 AM by glynnj

    WASHINGTON, May 10, 2018 — The American Bar Association Section of Civil Rights and Social Justice and the Environmental Law Institute jointly released the second edition of “Environmental Protection in the Trump Era,” examining the Trump administration’s critical changes to environmental protection since President Donald Trump’s inauguration in January 2017.

    Available to download for free, “Environmental Protection in the Trump Era,” serves as a resource for lawyers, policymakers, academics and students of environmental law and policy. The report provides a snapshot of major Trump administration actions on climate change, clean air and water, pipelines and offshore drilling, toxic properties and superfund sites, rolling back regulations, cutting budgets and agencies and environmental justice.

    With updates to all 13 chapters — written by some of the country’s most recognized environmental law and policy experts and lawyers — the latest report covers:

    • How executive actions can shape environmental law 
    • What the “Two-for-One” executive order on regulation means for environmental law 
    • How Congress can override environmental regulation
    • “Fast-Tracking” pipelines, the border wall and other infrastructure projects
    • Reviewing, revising or revoking protection of national monuments
    • Increasing offshore drilling for oil and gas
    • Withdrawing from the Paris Agreement on climate change
    • Reversing or weakening existing environmental regulations
    • Cutting enforcement of environmental law
    • Cutting funding for environmental protection
    • Preventing states from enacting and enforcing their own laws
    • Creating new roadblocks for future regulation
    • Weakening protections affecting environmental justice


    This second edition is available to download at: https://www.eli.org/eli-press-books/environmental-protection-trump-era.

    The ABA can refer reporters to legal experts available to speak about the major issues, trends and significant changes on to environmental protection. Reporters seeking comment and analysis may contact Betsy Adeboyejo at 202-662-1039 or at Betsy.Adeboyejo@americanbar.org for more information.

    The ABA Section of Civil Rights and Social Justice provides leadership within the legal profession in protecting and advancing human rights, civil liberties and social justice. Representing nearly 10,000 members with a wide range of professional interests, the section keeps its members abreast of complex civil rights and civil liberties issues and ensures that the protection of individual rights remain a focus of legal and policy discussion.

    The Environmental Law Institute (ELI) makes law work for people, places, and the planet. Since 1969, ELI has played a pivotal role in shaping the fields of environmental law, policy and management, domestically and abroad. Today, in our fifth decade, we are an internationally recognized, nonpartisan research and education center working to strengthen environmental protection by improving law and governance worldwide.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    American Bar Association publishes unique guide to cancer rights law

    May 8, 2018 9:15 AM by glynnj

    CHICAGO, May 8, 2018 — The American Bar Association today released “Cancer Rights Law: An Interdisciplinary Approach,” which provides an overview of key legal areas that often come into play for individuals who have been diagnosed with cancer and their caregivers, including health insurance, employment, disability insurance, genetics, estate planning and medical decision-making and finances and consumer rights.

    Even the availability of health insurance coverage, consumer protections in the use of coverage and the right to appeal denials of coverage are rooted in laws.

    This is the first book of its kind to address these legal topics through the lens of cancer diagnosis.

    The book’s valuable information and practical resources will help those who teach a law school class, run a legal clinic, are interested in forming a medical-legal partnership, want to provide pro bono legal services, are responsible for navigating patients through their cancer experience or are coping with their own cancer diagnosis.

    Co-authors Monica Fawzy Bryant and Joanna Fawzy Morales are cancer rights attorneys, speakers, authors and the co-founders of Triage Cancer (TriageCancer.org), a national, nonprofit organization that provides cancer survivorship education through educational events, a speakers bureau and online materials and resources.

    Title:                Cancer Rights Law: An Interdisciplinary Approach
    Publisher:         ABA Publishing
    Pages:               396
    Product Code:   5630144
    ISBN:                978-1-64105-112-5
    Size:                  7x10
    Binding:            Paperback
    Price:                $159.95
    Orders:             Order the book at shopaba.org or call 800-285-2221

    Editor’s note: Review copies are available by sending an email to Brandon Wilhelm at brandon.wilhelm@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Brandon Wilhelm, c/o ABA Publishing, 321 N. Clark St., Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Panelists debate how to fix a broken immigration court system

    May 7, 2018 12:49 PM by glynnj

    Expert panelists address immigration court reform at a discussion hosted by the ABA Commission on Immigration


    America’s immigration justice system is broken. The case backlog is huge – nearly 700,000 immigrants and asylum-seekers are waiting for hearings or decisions – technology is old and there aren’t enough judges.

    All five panelists agreed on that much at a May 4 discussion of how to reform immigration courts. They disagreed on who broke the system and how to fix it.

    Several panelists accused Congress of underfunding the courts and the Justice Department of politicizing them. The head of the federal office that oversees immigration courts said he is working to cut down the backlog and hire more judges.

    James McHenry, director of the Executive Office for Immigration Review (EOIR), said the agency will hire 150 additional judges and the hiring process will be much shorter than it has been. It previously took two years to hire new immigration judges. It now takes less than a year, McHenry said.

    The discussion was sponsored by the ABA Commission on Immigration and held at the Washington, D.C., office of Fried, Frank, Harris, Shriver & Jacobson.

    Three panelists – a sitting judge, a retired judge and an immigrant advocate – criticized EOIR’s handling of the courts. All three said the courts should be removed from the Justice Department and become independent.

    Judge Denise Slavin of Baltimore, representing the National Association of Immigration Judges, said the immigration system today deserves a grade of D or D-minus. “The system is failing, there is no doubt about it,” she said.

    The two biggest problems, she said, are the backlogs and public perception that the courts are unfair. The backlog, she said, was caused by “years of fiscal neglect” by both political parties. “Enforcement has been funded at levels that the courts have not,” she said.

    She also accused Attorney General Jeff Sessions of politicizing the immigration courts. “It does not help matters much when our attorney general states to the press that we are being sent to the border to deport people. Not to hear cases, to deport people,” Slavin said.

    She also criticized Sessions’ recent order that all immigration judges must clear at least 700 cases a year to get a “satisfactory” rating on their performance evaluations. No other American courts have such a quota, she said. “The only other court that we found that has that is in the People’s Republic of China,” Slavin said.

    Retired immigration judge Paul Schmidt, an adjunct law professor at Georgetown University, accused the Justice Department of “aimless docket reshuffling” and have a “morbid fascination with increased immigration detention as a means of deterrence.” These actions “have turned our immigration court system back into a tool of DHS (Department of Homeland Security) enforcement,” he said.

    He said the Trump administration has shown “unprecedented levels of open disdain and disrespect” for pro bono lawyers and immigration judges – “the two groups that are struggling to keep due process afloat in the immigration courts.”

    He urged the audience to “join the new due process army and stand up for truth, justice and the American way in our failing, misused and politically abused United States immigration courts.” That earned the only applause of the morning.

    Heidi Altman, policy director at the National Immigrant Justice Center, also accused the Justice Department of political interference in the immigration courts. “We are faced today with an administration that, at the very highest levels of leadership, is using rhetoric designed to reframe the goals and mission of our immigration court system,” she said. “The politicization of the immigration court system is particularly harmful because the courts are meant to be neutral bodies.”

    McHenry said his agency is fixing the court system. Document e-filing will roll out nationally next year, he said. He denied Slavin’s accusation that judicial hiring is politicized. Merit hiring “will be the standard as long as I’m the director,” McHenry said.

    In addition to hiring more judges, EOIR will shorten the backlog by using more teleconferencing, bringing back retired judges and re-examining all its policies, McHenry said. He said he sees no conflict between making the system more efficient and providing due process. “We believe judges can do both.”

    The panel was moderated by Karen Grisez, special adviser to the ABA Commission on Immigration and public service counsel at Fried Frank.

     

     

    ABA, Close Up host civics education event for high schoolers on Law Day

    May 4, 2018 2:54 PM by glynnj

    High school students from around the nation joined with American Bar Association leaders in a discussion on the separation of powers at a Law Day program in Washington, D.C.

    The gathering, which took place May 1 at the Naval Heritage Center auditorium at the United States Navy Memorial, was organized by the ABA Division for Public Education and the Close Up Foundation, a nonprofit organization that educates young people to become informed and engaged citizens.

    National Law Day Chair, Jackie Becerra kicked off the 60th anniversary of Law Day by explaining its history to the students. “What is Law Day you might be thinking? Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.”

    “President Dwight Eisenhower established the first Law Day in 1958 to mark the nation’s commitment to the rule of law,” Becerra explained. “In 1961, Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.”

    Becerra said this year’s Law Day theme, “Separation of Powers: Framework for Freedom,” is an opportunity for people to consider how the government system is working today and for future generations.

    “The Constitution’s principles of separation of powers and checks and balances preserve political liberty and provide a framework for freedom,” said Becerra of this year’s focus. “Yet, this framework is not self-executing. We the people must continually act to ensure that our constitutional democracy endures, preserving our liberties and advancing our rights.”

    ABA leaders engage students

    ABA President Hilarie Bass, President Elect Bob Carlson and other ABA leaders helped to engage the more than 75 students from North Dakota, South Dakota, Nebraska, Texas, Minnesota, Washington and Ohio in a discussion about the basic foundations of the separation of powers doctrine as defined in the U.S. Constitution.

    By a show of hands and through discussions, students provided their opinions on everything from whether they thought the three branches of federal government were equal in power today, to what they thought could happen if power became too concentrated in one person or one branch.

    When asked by a student what the biggest problem facing our government system today is, Becerra responded, “Apathy.”

    “People have an easier time naming the Kardashian sisters than Supreme Court justices,” Becerra said. “Our nation is not going to be in a better place until you lead in an informed and active way.”

    Bass said only about 26 percent of the population could name the three branches of government. She stressed the need for more informed voters.

    “You all are the hope of the future. Don’t forget what you’ve learned today. You become the change agent for America because it sits in your hands,” Ruthe Catolico Ashley, chair of the Standing Committee on Public Education, told the students.

    Resources available

    Participating students reported positive feedback. Dascha Clark, a student from Shadyside, Ohio, said she learned that, “The branches of government are more equal than the media portrays it to be.” She added, “It’s not 100 percent equal, though it should be, it’s not as corrupt as it seems.”

    Another student, Nathaniel Fastwolf from Eagle Butte, S.D., said the Law Day Dialogue taught him a lot in a few minutes. “I’m inspired to do my own research now.” He added, “I took U.S. history, but this discussion is having me to rethink how I think things should run.”

    Classrooms across the country can organize similar discussions using the National Law Day Planning Guide. The ABA’s Division for Public Education offers free resources for teachers to engage students in learning more about the separation of powers. A host of teaching aids are available, from lesson plans for all grade levels, on the Law Day webpage.

     

    ABA President Bass discusses Law Day

    May 4, 2018 2:18 PM by glynnj

    Cheri Preston, a correspondent and anchor with ABC Radio's news magazine program, Perspective, interviews American Bar Association President Hilarie Bass about the significance of the 2018 Law Day theme, “Separation of Powers: Framework for Freedom.”

    In the April 27 interview, Bass stresses the importance of civics education in America and the need for young people to have “a better understanding of the underlying foundation of our democracy,” why this theme, this year and what the ABA is doing to help secure long-term legal careers for women.

    Audio courtesy of ABC Radio.

    LSC president, health care innovator to speak at ABA meeting exploring access to legal services

    May 4, 2018 9:30 AM by glynnj

    CHICAGO, May 4, 2018 — The American Bar Association Standing Committee on Pro Bono and Public Service and the National Legal Aid & Defender Association will convene their annual Equal Justice Conference from May 10-12 in San Diego, with more than 80 wide-ranging programs, including talks and panels featuring Legal Services Corporation President James Sandman and ABA President Hilarie Bass.

    What:               
    Equal Justice Conference
    Sponsored by the ABA Standing Committee on Pro Bono and Public Service

     

    When:             
    May 10-12

    Where:            
    Hilton San Diego Bayfront Hotel
    1 Park Boulevard
    San Diego, California, 92101

    In addition, Dr. Robert Ross, a medical doctor and president and chief executive officer of The California Endowment, will provide remarks during the opening plenary session on Thursday at 8:30 a.m. Established in 1996 to address the health needs of Californians, the foundation has worked to reduce childhood obesity, improve health services for ex‐offender populations and increase racial and ethnic diversity in the health professions.

    Bass, co-president of the Miami-based law firm Greenberg Traurig, will speak at noon on Friday. Bass, president of the ABA since August 2017, has initiated or expanded several ABA programs, including efforts to improve lawyer well-being, legal services to homeless youth, an ABA Legal Fact Check to distinguish legal fact from fiction and a study of why mid-career women are leaving the legal profession.

    Sandman, who has been LSC president since 2011, will be participating in two panels. He will moderate “Educating Legislators About Legal Aid 2.0” at 10 a.m. on Thursday. The program is intended to help advocates explain legal aid as constituent services to legislators and staff. Sandman will later participate as a panelist in “Hot Topics in Legal Aid,” which will explore LSC funding challenges, access to justice issues and developments in the Public Service Loan Forgiveness program. The program will be Thursday at 1:30 p.m.

    Prior to the conference, the Standing Committee on Pro Bono and Public Service released a study, “Supporting Justice: A Report on the Pro Bono Work of America’s Lawyers,” that reached out to about 50,000 attorneys in 24 states, seeking data in such areas as their interest, time spent and key influencing factors related to pro bono work. The report showed that 4 out of 5 attorneys believe pro bono services are important although finding the time to provide free or low-cost legal services to the needy and charitable groups remains the biggest challenge for many.

    Other conference highlights include:

    “The Criminalization of Poverty: Homelessness, Bail Reform and Employment” — A recent increase in policies and practices designed to banish poor people from public spaces and criminalize poverty threatens the nation’s vulnerable populations. This session will discuss state laws criminalizing poverty, as well as litigation, policies, organizing and media strategies that have worked to combat these laws and practices.

    Friday, 3:45 – 5:15 p.m., Sapphire Ballroom L

    “Collaborations with Corporations” — The panel will explore successful pro bono partnership projects with legal service providers, law firms and corporations. These collaborations, when done right, can be exceedingly effective at addressing unmet legal needs. The program will examine the necessary ingredients to making these partnerships work over time, including what obstacles to overcome.

    Friday, 8:30 – 10 a.m., Sapphire Ballroom E

    “Combating Hate: A National Campaign to Protect and Defend Targets of Hate” — Hate-related incidents have increased over the past several years as the country becomes more polarized and individuals influenced by white nationalist, neo-Nazi and anti-Muslim ideologies are emboldened by nationalist and racist rhetoric. This session will describe national efforts by volunteer attorneys and civil rights organizations to combat extremism and stem the tide of targeted campaigns of hate-inspired intimidation, harassment, threats, trespass and violence.

    Thursday, 1:30 – 3 p.m., Aqua C

    Civil Right to Counsel in the Trump Era: Protecting Vulnerable Communities from Fees/Fines, Deportation, Increased Inequity and More” — The Trump administration has explored or initiated efforts to expand mass incarceration, deportation and asset seizing, as well as to cut legal aid and to pursue a range of other policies that magnify inequality. The panel will examine current right to counsel and related advocacy efforts at the federal, state and local levels in such areas as failure to pay fees/fines or child support (often called “debtor’s prison”), immigration removal proceedings, civil asset forfeiture and eviction defense.

    Friday, 3:45 – 5:15 p.m., Sapphire Ballroom P

    The conference program can be found here.

    Media are asked to register to cover the event. Please contact Bill Choyke at 202-662-1864 or bill.choyke@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews    

    U.S. Justice Department’s Roger Alford to speak at ABA antitrust meeting in Germany

    May 3, 2018 12:29 PM by glynnj

    WASHINGTON, May 3, 2018 — Roger Alford, deputy assistant attorney general at the U.S. Department of Justice in Washington, D.C., will deliver the keynote address at the American Bar Association Section of Antitrust Law’s Global Seminar Series: Düsseldorf Public Interest Considerations & Competition Law seminar on May 8 in Düsseldorf, Germany.

    Alford, who heads up international affairs in the Justice Department’s Antitrust Division, will talk from 2:05-2:20 p.m. about the agency’s perspective on public interest consideration.

    What:  
    Global Seminar Series: Düsseldorf Public Interest Considerations & Competition Law
    Sponsored by the ABA Section of Antitrust Law

    When
    Tuesday, May 8, 2018

    Where:
    Steigenberger Park Hotel
    Koenigsallee 1a
    40212 Düsseldorf Germany

    The one-day seminar will feature a morning session focusing on the topic: “The Growing Scrutiny of Foreign Investments Around the World. Speakers are:

    Steven P. Croley, Latham & Watkins LLP, Washington, D.C.
    Christopher Hutton, Hogan Lovells, London
    Romina Polley, Cleary Gottlieb Steen & Hamilton LLP, Köln
    Kirsten Webb, Clayton Utz, Sydney

    The afternoon session will explore the topic: “The Increased Focus on Public Interest Considerations in Merger Reviews.” Speakers are:

    Antonio Capobianco, OECD, Paris
    Hartmut Schneider, WilmerHale, Washington, D.C.
    Daniela Seeliger, Linklaters, Düsseldorf
    Patrick Smith, RBB Economics, London

    A complete agenda and updated list of speakers can be found online.

    There is no charge for media covering this event. To register, please contact Robert Robinson at 202-662-1097 or Robert.Robinson@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    Law Day 2018: ABA president discusses separation of powers with Congress law librarian

    May 3, 2018 9:15 AM by glynnj


    Law Librarian of Congress Jane Sánchez interviewed American Bar Association President Hilarie Bass May 1 during the library’s lecture to celebrate the 60th anniversary of Law Day.

    Envisioned in 1957 by then-ABA President Charles S. Rhyne as a national day to recognize the country’s commitment to the rule of law, Law Day was established by President Dwight Eisenhower the following year.

    Each year entities from around the country, such as the Law Library of Congress, celebrate the special day with events and other special programs.

    In her interview with Bass, which took place at the Law Library’s Thomas Jefferson Building, Sánchez discussed the Law Day theme, “Separation of Powers: Framework for Freedom,” and Bass’ legal career.

    In the May 1 interview, Bass stresses the importance of civics education in America and the need for young people to have “a better understanding of the underlying foundation of our democracy” and the significance of this year’s theme. They also discuss Bass’ areas of emphasis, such as her effort to help secure long-term legal careers for women.

    The lecture was presented by the Law Library of Congress and the ABA Standing Committee on the Law Library of Congress.

    To view the interview, click here.

     

    Sen. Mark Warner, Reps. Jerry McNerney and Robin Kelly among speakers at ABA Internet of Things National Institute

    May 2, 2018 1:18 PM by glynnj

    WASHINGTON, May 2, 2018 — Senator Mark Warner and Representatives Jerry McNerney and Robin Kelly will be among the featured speakers at the American Bar Association Section of Science & Technology Law’s third Internet of Things (IoT) National Institute, May 9-10 in Washington, D.C.

    The IoT National Institute brings together business owners, policymakers, academics and lawyers to discuss the latest legal, legislative, global trends, regulatory, and liability issues.

    What:  
    Internet of Things (IoT) National Institute
    Sponsored by the ABA Section of Science &Technology Law

    When: 
    May 9-10, 2018

    Where:
    Crowell & Moring LLP
    1001 Pennsylvania Ave., NW
    Washington, D.C 20004

    In addition to two days of programming, there will be six keynote addresses:

    • Sen. Warner, (D-Va.) will give the keynote address at 5:15 p.m. on Wednesday, May 9. He will provide insight on cybersecurity risks and opportunities and discuss the importance of establishing security standards to protect the economic infrastructure of the IoT.

    • On Wednesday at 9 a.m., the morning keynote address will be given by Rep. McNerney (D-Calif.), who will address the need to protect the billions of devices in the IoT ecosystem. The luncheon speakers at 11:30 a.m. will be Terrell P. McSweeney, who resigned from the Federal Trade Commission on April 28, and Neil Chilson, the FTC’s acting chief technologist. The FTC has been at the forefront of emerging security and privacy issues in a connected world.

    • On Thursday, May 10 at 8:30 a.m., Rep. Kelly (D-Ill) will give the keynote address. She will highlight efforts to oversee IoT connectivity pursuits in economic, technology and security issues that confront federal agencies.  Peter Davidson, general counsel, U.S. Department of Commerce, will be the luncheon speaker at 12:30 p.m. Other noted presenters will be Rajesh De, former general counsel, U.S. National Security Agency, who will be on the panel, “Homeland and National Security in an Internet-Everything World; and Joe D. Whitley, former general counsel, U.S. Department of Homeland Security, who will be on the panel, “Inside IoT: Corporate Counsel Insights.”

    A complete agenda of the program can be found online.

    This event is open to members of the press. For media credentialing, please contact Betsy Adeboyejo at betsy.adeboyejo@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA publishes timely legal guide to conducting business in Russia’s market-based economy

    May 1, 2018 2:40 PM by glynnj

    WASHINGTON, May 1, 2018 — The American Bar Association has published “Russia Corporate, Financial, and Commercial Law,” an authoritative legal resource book on the Russian legal system, including financial and commercial laws and methods for dispute resolution. The book is an essential guide for those either doing business in Russia or who want to know more about the Russian legal and commercial landscape.

    With increasing business opportunities and investment in Russia following the dissolution of the Soviet Union, implementing effective investment strategies and successful business relationships with (and between) Russian entities requires the ability to navigate the business laws of Russia.

    The book is written for business professionals, government officials, academics and practicing attorneys. It is the only legal reference to provide practical legal lessons, case studies and a detailed analysis for conducting business with Russia. Subject areas include the legal and financial systems; the laws and legal developments in the areas of natural resources, intellectual property, mergers and acquisitions; bankruptcy laws; and dispute resolution through litigation or arbitration in Russia.

    The book is edited by Scott Alexandr Shostak, who has studied Russian law for more than 25 years and participated in conferences, forums, higher education courses and committees on the laws, rules, regulations and court system of Russia. He has advised Russian government municipalities and regional offices, including Anatoly Sobchak, then Mayor of St. Petersburg. Shostak has extensive legal experience in economic development and real property law with a specialty in waterfront matters as a counsel for the City of New York, the Brooklyn Navy Yard and New York City Economic Development Corporation.

    Title:                              “Russia Corporate, Financial, and Commercial Law
    Publisher:                     ABA Publishing
    Pages:                         210
    Product Code:             5210303
    ISBN:                            9781641051149
    Binding:                       
    Paperback
    Price:                            $99.95
    Orders:                         Order the book at shopABA.org or call (800) 285-2221

    Editor’s note: Author interviews and review copies of this book are available by emailing Francine Bennett at Francine.Bennett@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Francine Bennett, ABA Book Publishing, 1050 Connecticut Ave. NW, Washington, D.C. 20036.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

    DOJ Deputy Attorney General Bernard Nigro to speak at ABA’s Antitrust in Healthcare conference

    May 1, 2018 9:59 AM by glynnj

    WASHINGTON, May 1, 2018 —  Deputy Assistant Attorney General Bernard Nigro of the U.S. Department of Justice will be the keynote speaker for the American Bar Association’s Antitrust in Healthcare conference, May 17-18, in Arlington, Va. Nigro will deliver his address from 10-10:45 a.m. on Thursday, May 17.

    The conference brings together leading government enforcers from the Justice Department and the Federal Trade Commission, private counsel representing both plaintiffs and defendants and highly experienced economists to share their insights and offer practical advice and policy recommendations.

    In addition to the keynote address, a key highlight will be Friday’s plenary session from 8-9 a.m. entitled, “View from the Enforcers.” This panel will feature enforcement officers Ian R. Conner, deputy director, Bureau of Competition, Federal Trade Commission, Washington, D.C.; Victor J. Domen, senior antitrust counsel, Office of the Attorney General, Nashville, Tenn.; and Peter J. Mucchetti, chief, Healthcare & Consumer Products Section, Department of Justice, Antitrust Division, Washington, D.C. They will discuss issues of enforcement by federal and state agencies in health care, recent FTC challenges to physician mergers in Minnesota and North Dakota and ongoing Justice Department litigation against hospitals that engage in allegedly anticompetitive behavior, among other topics.

    What:        
    Antitrust in Healthcare
    Co-sponsored by ABA Section of Antitrust Law, ABA Health Law Section
    and the American Health Lawyers Association

    When:       
    May 17-18, 2018    

    Where:      
    The Ritz-Carlton, Pentagon City
    1250 S. Hayes St.
    Arlington, VA. 22202

    Program highlights include:

    “Horizontal Collaborations: JVS, JOAS, Service Line Consolidations” — Health care providers are engaging in innovative transactions short of full mergers. These can raise the same issues as mergers (does a joint venture aggregate market power?) and additional issues as well (are the parties colluding?). The panel will discuss the Sixth Circuit’s perplexing decision reviewing a joint operating company in Dayton, Ohio.

    Thursday, 1:30-2:30 p.m.

    “Pharma: Pay for Delay – How are the Courts Applying Actavis?” — In FTC v. Actavis (2013), the Supreme Court held that drug patent settlements restricting generic entry and involving brand-to-generic payments can be anticompetitive and must be adjudicated under the rule of reason. The court also set forth a number of factors that could be important to the lower courts’ analyses. Panelists, including Daniel W. Butrymowicz, staff attorney, Health Care Division, Bureau of Competition, FTC, Washington, D.C., will discuss the state of the law five years later.

    Thursday, 1:30-2:30 p.m.

    “Hospital Mergers: Counseling Clients in Light of the Appellate Cases” — “I fought the FTC and the FTC won,” could be the hit song after the agency’s hospital and physician merger wins in the Third, Seventh and Ninth Circuits over the last three years. How do lawyers and economists counsel clients who still seek a merger? What arguments might still sway the FTC or a court? A panel, including Kevin Hahm, deputy assistant director Mergers IV, Bureau of Competition, FTC, will discuss these issues and more.

    Thursday, 2:45-3:45 p.m.

    “Physician Practice Mergers” — The Federal Trade Commission, and some states, have increasingly focused on physician mergers it considers anticompetitive. A panel, including Melissa C. Hill, attorney, FTC, Washington, D.C., will examine the recent history of challenges to physician mergers and consider how litigating a physician merger is similar to – or different from – litigating a hospital merger.

    Thursday, 4-5 p.m.

    “Competition or Regulation? State Copa Laws & Hospital Mergers” — In 2017, applying state laws that confer antitrust immunity, Tennessee and Virginia approved a hospital merger over opposition from FTC staff. In 2016, West Virginia did the same. Is this a developing trend that other states and hospitals will continue, or are they singular events, a coincidence in time? The panel, including Mark D. Seidman, deputy assistant director, Mergers IV, Bureau of Competition, FTC, will debate emerging issues.

    Friday, 1:15-2:15 p.m.

    A complete agenda and updated list of speakers can be found online.

    There is no charge for media covering this event. To register, please contact Robert Robinson at 202-662-1097 or Robert.Robinson@americanbar.org.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Investing in Cuba, urban redevelopment and data protection among topics at ABA conference

    May 1, 2018 7:15 AM by glynnj

    CHICAGO, April 30, 2018 — Leading practitioners and professionals from across the country will discuss important developments in real property, trust and estate law during the 30th Annual Spring Symposia hosted by the American Bar Association Section of Real Property, Trust and Estate Law on May 10-11 in Orlando, Fla.

    What:  
    30th Annual Spring Symposia
    Sponsored by the ABA Section of Real Property, Trust and Estate Law

    When: 
    May 10-11

    Where:
    Four Seasons Hotel
    10100 Dream Tree Blvd.
    Lake Buena Vista, FL 32836

    Program highlights include:

    “Planning Considerations for U.S. Investment in Cuba and Other Latin American Countries” — In view of a more receptive local environment for cross-border investments, investors are giving greater attention to Latin America, including Cuba and Mexico. This program will focus on legal, tax and cultural aspects affecting investment in these countries and Cuban, Brazilian and Mexican lawyers will provide insights into the differences among those jurisdictions. The panelists will explore:

    • Legal structures to hold income-producing and personal/leisure real estate
    • United States’ restrictions on foreign investment
    • Financing considerations
    • Exit strategies for selling Latin American real estate
    • Local property, transfer and other real estate tax considerations

    Thursday, 10:45 a.m.-noon, Room: Queen

    “Urbanization and Gentrification: Tools to Increase Social Equity While Revitalizing City Centers” ­­— Mixed uses, walkability and 24-hour convenience draw young working professionals and aging baby boomers to cities’ cores that, during the latter half of the 20th century, had suffered rapid population loss due to ever-expanding suburbia. Reinvestment in many American cities provides a host of benefits to urban economies and populations, but more desirable living environments can lead to skyrocketing costs of living, displacing individuals and families. This program will explore:

    • How zoning strategies can contribute to or alleviate gentrification
    • Impacts associated with property tax assessment
    • How infrastructure and environmental issues hamper redevelopment
    • Types of incentives available to advance growth and redevelopment in urban areas

    Thursday, 3:15-4:30 p.m., Room: Queen

    “It May Be a Small World but You Still Need to Wait Your Turn–Issues with Elder Planning and Abuse” — This panel will discuss attorneys’ roles and responsibilities in protecting aging clients (and their assets) from the seemingly well-intentioned next generation. Topics include:

    • Issues with aging clients and their families
    • Planning for diminishing capacity
    • Litigating undue influence and financial abuse claims
    • Ethical rules regarding elder abuse

    Friday, 1:30-2:30 p.m., Room: Sabal

    Other highlights include:

    • “Cybersecurity and Data Breach Prevention: What Every Transactional Attorney Must Know”
    • “When Harvey Met Irma: Drafting Lease and Construction Provisions that Withstand Damage and Destruction”
    • “Cabins and Compounds – Boats and Biplanes: Planning for Vacation and Recreation Assets”
    • “It’s a World of Tears and a World of Fears: Crisis Management of Estates”

    A complete agenda can be found online.

    This event is free for members of the press. For media credentialing and more information, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at americanbar.org/news and on Twitter @ABANews.

     

    Workplace bullying, NCAA scandals among topics at ABA Young Lawyers Division spring meeting

    April 30, 2018 3:45 PM by glynnj

    WASHINGTON, May 1, 2018 — Experts participating in the American Bar Association Young Lawyers Division 2018 Spring Conference, May 10-12 in Louisville, Ky., will tackle hot-button issues such as technology advances in pro bono work, college sports scandals and workplace bullying.

    What:     
    2018 YLD Spring Conference
    Sponsored by the Young Lawyers Division

    When:    
    May 10-12

    Where:   
    The Brown Hotel
    335 West Broadway
    Louisville, Ky. 40202

    Program highlights include:

    Friday, May 11

    “Beyond the School Yard: Harassment and Bullying in the Workplace Ethics” — Bullying can occur almost anywhere, including the workplace. Attorneys have the opportunity, and sometimes legal and ethical obligation, to address workplace bullying. This panel will examine different types of workplace bullying and the various related laws and policies. Panelists, including Roula Allouch of the Council on American-Islamic Relations in Cincinnati, will discuss how to spot, address and prevent workplace bullying.

    10:15-11:15 a.m.

    “Pro Bono in the 21st Century: Using Tech to Advance Pro Bono” — Utilizing new technology can greatly increase pro bono participation. One such technology is virtual reality. Panelists will explore how virtual reality is being used to train pro bono attorneys for courtroom hearings.

    10:15-11:15 a.m.

    “Child Abuse, Elder Abuse and Mandatory Reporting Laws” — A diverse panel from the legal, medical and academic fields will discuss mandatory reporting laws for child abuse and elder abuse. Panelists will also discuss resources for victims and their organization’s efforts to prevent child abuse and elder abuse.

    11:30 a.m.-12:30 p.m.

    Saturday, May 12

    “Cardinal Sins” — The face of college athletics has changed over the past decade in myriad ways. It seems like every new season brings new game-changing legal decisions. A panel will discuss the current state of sports, from the program and player payment scandals at the University of Louisville, to intellectual property issues, players’ unions and the NCAA as an institution.

    9:45-10:45 a.m.

    “The Intersection of Domestic Violence and the Black Lives Matter Movement—How to Best Advise Victims in Fear of the Consequences of Police Contact” — How does this unique moment in history contribute to the experience of domestic violence victims of color? A panel, including Jessica Green of the Louisville Metro Council, will explore the intersection of criminal justice reform and domestic violence, focusing on systemic responses to domestic violence reports involving people of color, including the impact of nuisance ordinances and prosecutorial discretion.

    9:45-10:45 a.m.

    A complete agenda can be found online.

    There is no charge for media covering this event. To register, please contact Priscilla Totten at 202-662-1094 or Priscilla.Totten@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

     

    International issues, assisted reproductive technologies the focus of ABA Family Law spring conference

    April 30, 2018 2:14 PM by glynnj

    WASHINGTON, May 1, 2018 — Leading practitioners and professionals from across the country will discuss important developments for family law lawyers during the 2018 Spring CLE Conference hosted by the American Bar Association Section of Family Law, May 9-12 in Nashville, Tenn.

    The conference features a full day of programming highlighting international family law and assisted reproductive technologies on May 9. In addition, there are three days of programming for new and seasoned family law practitioners on topics such as child custody issues across state lines, when immigration law intersects with family law and taking into account entitlement programs in divorce actions.

    What:        
    2018 Spring CLE Conference
    Sponsored by the ABA Section of Family Law

    When:       
    May 9-12

    Where:      
    Omni Nashville Hotel
    250 Fifth Avenue, South
    Nashville, Tenn. 37203

    Program highlights include:

    “The Child’s Voice: Cross-Border Parentage—When Hague and Child-Abduction Conventions, Rights of the Child and Issues of Habitual Residence Apply to Your ART Case” — With step- or second-parent adoption internationally there are issues of Full Faith and Credit/Comity and questions of whether The Hague or Child Abduction conventions apply, especially if such adoptions relate to parentage through surrogacy. If the conventions do apply, the related complications can be extensive.

    10:15 a.m.-12:15 p.m. Wednesday, Cumberland 1 & 2

    “A Coat of Many Colors: The European Human Rights Dimension of ART Families” — Many European countries differ in approaches toward surrogacy and assisted reproduction, leading many European intended parents to access ART overseas. In recent years, both the European Court of Human Rights and the Court of Justice of the European Union (CJEU) have had to grapple with human rights issues, particularly when domestic law does not recognize the child born as a result of ART as a child of the IPs. An international panel of experts will cover key decisions from the European Court of Human Rights and the CJEU.

    1:20-2:20 p.m. Wednesday, Cumberland 1

    “When Immigration Law and Family Law Do-Si-Do” — Federal immigration law determines who can study, work and live in this country. A panel will discuss immigration and family law crossover topics, including fiancé(e) visas; family-based immigration; international adoptions; the affidavit of support; immigration benefits for survivors of domestic violence; and the effect of immigration status on custody, parenting time, child support and spousal support.

    11 a.m.-noon Thursday, Broadway Ballroom A

    “UCCJEA and Relocation: Jurisdictional Problems” — When one parent wishes to relocate to another state, the other parent (and the court) may be concerned about the potential loss of jurisdiction over any

    subsequent modifications of the custody order. This session will discuss the exclusive continuing jurisdiction provision of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), parental agreements and other jurisdictional considerations in relocation cases.

    11 a.m.-noon Thursday, Broadway Ballroom C

    “Untangling Safety Nets” — Divorce can substantially impact Social Security, Medicare, Medicaid and numerous other benefits available through federal entitlement programs. A panel will explore several

    issues regarding entitlement programs that should be taken into consideration when advising clients who

    are contemplating or already involved in a dissolution of marriage action.

    11 a.m.-noon Saturday, Broadway Ballroom B

    A complete agenda can be found online.

    This event is free for members of the press. For media credentialing and more information, please contact Priscilla Totten at 202-662-1094 or Priscilla Totten@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at americanbar.org/news and on Twitter @ABANews.  

    ABA Law Practice Division to host spring meeting in Santa Fe, N.M., May 16-19

    April 30, 2018 8:53 AM by glynnj

    WASHINGTON, April 30, 2018 —  Solo and small firm technology, preparing for and recovering from disasters and ethics of multi-jurisdictional lawyers are among a wide range of topics to be discussed during the American Bar Association Law Practice Division’s 2018 LP Spring Meeting, May 16-19, in Santa Fe, N.M.

    What:        
    2018 LP Spring Meeting
    Sponsored by the ABA Law Practice Division                      

    When:       
    May 16-19, 2018    

    Where:      
    Inn and Spa at Loretto
    211 Old Santa Fe Trail
    Santa Fe, N.M.  87501

    Friday program highlights include:

    9:15 a.m.: “The Evolution of Technology in a Solo and Small Firm” — This panel will discuss how solo and small firms can utilize technology to be more efficient and provide better client service. Topics will include strategies for moving to the cloud, the evolution of fee-based to free legal research, software products that can help systematize the way you practice and interesting and unique ways to use artificial intelligence.

    10:30 a.m.: “Fierce Not Frazzled: Resilience Training for Lawyers to Ensure Mental & Emotional Fitness” — Workplace stress significantly increases lawyers’ risk of depression, anxiety, burnout, alcohol abuse and cognitive impairment — all of which can affect lawyers’ well-being and quality of work.

    Panelists will discuss lawyers’ well-being and how to maintain fitness to practice and to avoid running afoul of the Rules of Professional Conduct.

    2:15 p.m.: “The Ethics of Virtual and Multi-Jurisdictional Lawyering” —With a virtual practice, one can appear everywhere equally, opening a practice to opportunities of a multi-jurisdictional practice across state lines. But with that opportunity comes a patchwork of inconsistent and widely varying ethics rules that could jeopardize the lawyer’s law license without the right research, planning and practice limitations. This panel will discuss how to work virtually within the bounds of the ethics rules, focusing on the current advertising and solicitation rules and impending changes.

    3:30 p.m.: “Preparing for and Recovering from Disasters: What Lawyers Need to Know” — Lawyers and law firms have been tested sorely in the recent past by hurricanes, fires and floods. Panelists will discuss real stories of disasters affecting law firms and how the firms recovered and offer solid and practical tips to help them prepare for and recover from disasters, both natural and man-made.

    A complete agenda and updated list of speakers can be found online.

    There is no charge for media covering this event. To register, please contact Robert Robinson at 202-662-1097 or Robert.Robinson@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA urges attorney general to continue immigration rules regarding victims and asylum

    April 27, 2018 2:24 PM by glynnj

    CHICAGO, April 27, 2018 — The American Bar Association has filed an amicus brief with the U.S. Department of Justice, outlining reasons for why the attorney general should keep current immigration rules establishing that foreign victims of uncontrolled private criminal activity should be eligible for asylum in the United States under provisions of the Immigration and Nationality Act.

    In March, Attorney General Jeff Sessions, who administers the nation’s system of immigration adjudication, indicated he was considering changing precedents of the Board of Immigration Appeals (BIA). Specifically, Sessions requested comment on whether and when should victims of private criminal activity abroad constitute “particular social groups” and thus be eligible for asylum or withholding of removal.

    The broader issue generated attention this month because of the migrant caravans in Mexico that drew the ire of President Donald Trump in a series of tweets. News reports indicated that in one caravan alone, Central American migrants numbered about 700 persons and said many were women and children fleeing violence and poverty in their home countries.

    In its brief filed Friday, the ABA pointed to numerous U.S. federal court cases and BIA decisions as well as U.S. Department of State guidelines for keeping intact “BIA’s well-established precedent” and ensuring consistency with federal caselaw. Several of the persecution cases related to forced female genital mutilation and other forms of gender-based violence, and involved immigrants from throughout the world, including the countries of Albania, Nigeria, Jordan, Somalia and Ghana.

    “As the cases demonstrate, gender-based violence is frequently perpetrated by private criminal actors whom governments are unable or unwilling to control,” the ABA brief said. “Allowing gender-based violence as a ground for asylum and withholding of removal is critical to the advancement of human rights principles for women and girls, who will otherwise face life-threatening violence and abuse.”

    The ABA amicus brief filed with the Justice Department is available here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Ex-solicitors general Katyal, Garre among speakers at ABA litigation conference in San Diego

    April 27, 2018 12:18 PM by glynnj

    CHICAGO, April 27, 2018 — Former high-ranking White House and Department of Justice attorneys as well as the nation’s leading litigators are featured speakers at more than 30 programs on a wide range of topics during the American Bar Association Section of Litigation Annual Conference, May 1-4 in San Diego.

    The four-day conference will also recognize outstanding contributions to the quality of justice and diversity in the legal community with the John Minor Wisdom and Diversity Leadership Awards Luncheon on May 3, with the keynote speech by Neal Katyal, former acting U.S. solicitor general. Katyal argued more cases before the Supreme Court  than any other minority attorney, recently breaking the record held by Thurgood Marshall. At the luncheon, the John Minor Wisdom Public Service and Professionalism Award will be presented to Karen J. Freedman, founder & executive director, Lawyers For Children, New York. The Diversity Leadership Award will be presented to Dillard University.

    What:   
    2018 Section Annual Conference
    Sponsored by the ABA Section of Litigation

    When: 
    May 1-4, 2018

    Where:
    Hilton San Diego Bayfront
    One Park Boulevard
    San Diego, CA 92101

    Programming focuses on trial skills, business development, ethics, diversity and inclusion, young litigators, and mental health and wellness.

    Highlights include:

    “Round 1 of the Showdown at SAC: Cross-Examinations”Judge Barbara M.G. Lynn of the U.S. District Court for the Northern District of Texas in Dallas will preside.  Trial lawyers include Michael Attanasio, Cooley LLP, San Diego; Brad D. Brian, Munger Tolles & Olson LLP, Los Angeles; and Kalpana Srinivasan, Susman Godfrey LLP, Los Angeles. Serving as jury consultant is Ronald Beaton, Trial Behavior Consulting, San Francisco. The audience will serve as the jury and vote the winner.

    Wednesday, 8:45-10:15 a.m.

    “Round 2 of the Showdown at SAC: Closing Arguments” — Judge Barbara M.G. Lynn will preside.  Trial lawyers Juanita R. Brooks, Fish & Richardson PC, San Diego; and Tamarra Matthews Johnson, Wilkinson Walsh + Eskovitz LLP will demonstrate strong closing arguments. Ronald Beaton, Trial Behavior Consulting, San Francisco, will serve as jury consultant. The audience will serve as the jury and vote the winner.

    Wednesday, 4-5:30 p.m.

    “Children and the U.S. Supreme Court: 50 Years of Impactful Decisions” — Panelists will discuss the evolution of the way the court views children, how adolescent brain science research has impacted decisions and how the court views children as rights-bearing individuals.  Speakers are Ralph Brazel Jr., Campaign for the Fair Sentencing of Youth, Irvine, Calif.; Erwin Chermerinsky, University of California Berkeley School of Law; Judge Xiomara Y. Torres, Multnomah County Courthouse, Portland, Ore; Hillary Transue, Juvenile Law Center, Media, Penn.

    Thursday, 8:15-9:45 a.m.

    “All the President’s Lawyers:  An Inside Look at the Executive Branch Legal Team” — Panelists will explore the different roles of executive branch lawyers. Speakers are: W. Neil Eggleston, former White House counsel to President Barack Obama, Kirkland & Ellis, Washington D.C.; Gregory G. Garre, former U.S. solicitor general, Latham and Watkins LLP, Washington D.C.; Michael B. Mukasey, former U.S. attorney general, Debevoise & Plimpton LLP, New York.  Moderators are Melissa Sherry, former assistant to the U.S. solicitor general, Latham & Watkins LLP, Washington, D.C. and Sharon Werner, former chief of staff to U.S. Attorney General Loretta Lynch, PNC Bank, Pittsburgh.

    Friday, 8:30-10:00 a.m.

    A complete agenda and updated list of speakers can be found online.

    There is no charge for media covering this event but pre-registration is necessary. To register, please contact Julie Brown at 312-988-6133 or Julie.Brown@americanbar.org.

    The American Bar Association Section of Litigation is the premier association for lawyers and judges involved in litigation and trial practice. Legal professionals from all areas of practice turn to the Section for member-only access to the latest news, information, and thinking on legal strategy, bringing all sides of a trial to one place to form a comprehensive view of the profession.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA President Hilarie Bass testifies to need for greater legal aid funding

    April 27, 2018 11:55 AM by glynnj

    WASHINGTON, April 27, 2018 — American Bar Association President Hilarie Bass filed written testimony today with the House of Representatives supporting increased funding for the Legal Services Corporation to close America’s “justice gap.”

    LSC supports more than 800 legal aid offices across the country, serving every congressional district. Its current federal funding is $410 million. The ABA is asking Congress to restore funding to 2010 levels, which would be $482 million, after adjusting for inflation.

    In her testimony, Bass cited the great unmet need for legal aid services nationwide. A 2017 analysis by the University of Chicago found that 86 percent of all civil legal problems reported by low-income Americans receive no legal help or inadequate legal help.

    “The ABA has long been committed to the realization of Equal Justice Under Law in our country,” Bass wrote. LSC-funded legal aid offices try to fulfill the promise of equal justice by helping Americans who cannot afford to hire their own lawyers, including many older Americans, rural Americans, domestic violence survivors and natural-disaster victims, Bass wrote.

    The Legal Services Corporation was created in 1974 under President Richard Nixon. The late Supreme Court Justice Antonin Scalia praised the Legal Services Corporation at its 40th anniversary in 2014, saying legal aid is crucial to maintaining the concept of equal justice. “This organization pursues the most fundamental of American ideals, and it pursues equal justice in those areas of life most important to the lives of our citizens,” Scalia said.

    The full text of Bass’ written testimony, submitted to the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies, can be found here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    New comprehensive ABA report details lawyer involvement in providing pro bono services

    April 26, 2018 11:53 AM by glynnj

    CHICAGO, April 26, 2018 — Results from a comprehensive survey by the American Bar Association released today show that 4 out of 5 attorneys believe that pro bono services are important although finding the time to provide free or low-cost legal services to the needy and charitable groups remains the biggest challenge for many.

    The new study, “Supporting Justice: A Report on the Pro Bono Work of America’s Lawyers,” represents the fourth of a series — and first since 2013. The survey reached out to more than 50,000 attorneys in 24 states, seeking data in such areas as their interest, time spent and key influencing factors related to pro bono work to determine how the culture of volunteering manifests itself in the legal profession.

    The survey asked lawyers about their pro bono activity during 2016 as well as their most recent pro bono experience, using a definition that tracked pro bono in Rule 6.1 of the ABA Model Rules of Professional Conduct. The survey then asked about motivations and attitudes as well as public service activity. Rule 6.1 defines pro bono as free legal service to the poor and organizations serving the poor and substantially reduced-fee work for such groups, as well as civil rights, civil liberties, public rights, charitable, religious, civic, community, governmental and educational organizations.

    The results showed that 81 percent of attorneys believe that pro bono services are important and that most lawyers perform some type of pro bono work during their career. Just over half of the attorneys surveyed had provided some pro bono legal services in 2016, with a lack of time cited most often as the single most important challenge to pro bono participation. Just over half of the attorneys providing pro bono services did so on a limited scope basis, meaning their efforts were directed at specific tasks or services. Approximately 20 percent of surveyed attorneys reported that they had never provided pro bono legal services.

    “The 2017 Justice Gap Report of the Legal Services Corporation found that 86 percent of the civil legal problems reported by low-income Americans received inadequate or no legal help,” ABA President Hilarie Bass said. “Legal services programs, with their limited resources, are able to provide assistance in only half of the matters brought to them. So the justice gap is real. Private attorneys play a critical role in addressing these legal needs through pro bono legal services. This new ABA report helps to better understand pro bono in a comprehensive way and will allow us to develop more effective strategies to better meet the legal needs of the poor.”

    The report will be discussed at the upcoming Equal Justice Conference in San Diego May 10-12. The conference is co-sponsored by the ABA Standing Committee on Pro Bono & Public Service, which issued the report along with an affiliate, the ABA Center for Pro Bono. The other co-sponsor of the San Diego conference is the National Legal Aid & Defender Association.

    “This is the most recent in a series of surveys to poll lawyers in every practice area, in every practice setting and of every age and experience level about their pro bono activity,” said George (Buck) T. Lewis, chair of the ABA Standing Committee on Pro Bono & Public Service and a lawyer at Baker Donelson in Memphis, Tenn. “It is influential in informing strategies to encourage pro bono work and to develop new pro bono opportunities with the goal of increasing access to the legal system.”

    The full report can be read here.

     

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Experts discuss legal considerations of ‘use of force’ in North Korea

    April 26, 2018 10:40 AM by glynnj

    Left to right: retired Brig. Gen. Rich Gross, Judge James Baker and Brian Egan, former legal adviser to the National Security Council


    After months of provocative behavior from leaders of the United States and North Korea – including talk of a pre-emptive “bloody nose” strike and who has the bigger nuclear button – the ABA Standing Committee on Law and National Security hosted a luncheon featuring a discussion on “The Use of Force in North Korea: The Legal Process.”

    Judge James Baker, committee chair and a former legal adviser to the National Security Council, moderated the discussion on Tuesday at the Army Navy Club in Washington, D.C. Panelists included Brian Egan, partner with Steptoe & Johnson and a former legal adviser to the National Security Council, and retired Brig. Gen. Rich Gross, former legal counsel to the Chairman of the Joint Chiefs of Staff.

    Just prior to a North-South Korea summit that will set the tone for a proposed meeting between North Korean leader Kim Jong Un and President Donald Trump, the discussion touched on constitutional and international legal questions presented by any military options launched by the United States and what actions should be considered, including the potential use of nuclear weapons. 

    First, what is the legal process related to use of force by the United States against another nation?

    Under the Constitution, decisions about sending American troops into battle are divided between Congress and the president, with Congress deciding whether to declare war and the president commanding troops. But presidents from both parties have expanded that authority since World War II, carrying out military operations without congressional approval.

    The panelists spelled out the multi-layered review process for military operation proposals, and commented that politics play no role in discussions at this level. When the president decides to authorize the use of force, the order and any conditions placed on it must be confirmed, which means a Tweet about a “bloody nose strike” would not necessarily be acted upon. “What does that (order) mean?” Gross asked. “Does that mean a limited strike? The military needs that guidance.”

     

    According to Egan, an important legal question is whether Congress has authorized use of force and against which target or targets – as certain actions trigger different legal parameters and considerations.

    The use of combined or joint forces with other nations, as was the case in the Iraq war, can change the calculation. In the case of North Korea, would the United States consult with its allies on a legal basis for an attack, and what if the allies did not agree with U.S. objectives? Gross said there is extensive consultation with U.S. allies, particularly at the State Department level, and the views of allies or coalition partners don’t dictate our actions, but inform them.

    “Often the discussions are very important in a political and policy sense, because if a critical partner in a military operation says, ‘we don’t think this is lawful, we’re not going to participate,’ then at the civilian-political level they have to step back and consider how that’s going to affect the (operation),” Gross said. He noted the large number of American troops stationed on the Korean peninsula and in other countries threatened by North Korea, such as Japan, and how that impacts U.S. decision-making. Egan agreed, noting that it would be very unusual for allies not to support U.S. actions to defend their sovereignty.

    Baker then asked if the possible use of nuclear weapons changes the legal analysis of use of force? Gross agreed that “it certainly changes the stakes,” adding that if any presidential order is deemed unlawful, it’s the duty of military leaders to find legal ways to accomplish the objective. However, he said there also is a clear duty to disobey an unlawful order. The Secretary of Defense would be the one to tell the president, “we’re not going to do that,” and push back, Gross said.

    “Mechanisms have been set up to avoid requiring civilians to take unlawful action,” Egan said, adding that when it comes to use of force, there are questions that are not cut and dried, lawful versus unlawful.  He said it’s part of the job of lawyers to flag these issues and force the conversation.

     

    ABA president to discuss separation of powers with law librarian of Congress at Law Day event

    April 25, 2018 12:15 PM by glynnj

    WASHINGTON, April 25, 2018 —  American Bar Association President Hilarie Bass will discuss the 60th Anniversary of Law Day and the theme, “Separation of Powers: Framework for Freedom,” with Law Librarian of Congress Jane Sánchez, as part of the library’s Law Day event on May 1 at 3 p.m. ET.

    The ABA will celebrate Law Day in Washington, D.C.,  with two other programs on Tuesday, May 1 —  a student dialogue  on the separation of powers at 10 a.m. at the United States Navy Memorial, followed by  the 16th Annual Leon Jaworski Public Program at 6 p.m. at the National Press Club.

    What:  
    Law Day 2018 Lecture
    Presented by The Law Library of Congress and the
    ABA Standing Committee on the Law Library of Congress

    When: 
    Tuesday, May 1

    Where:
    Thomas Jefferson Building
    10 First Street SE
    LJ-119, First Floor
    Washington, D.C. 20540

    The public can register for the program here.

    To view ABA President Hilarie Bass Law Day video message, click here.

    The event is free and open to members of the media. For media credentialing, please contact Betsy Adeboyejo @ Betsy.Adeboyejo@americanbar.org or 202-662-1039.

    About Law Day     

    Envisioned in 1957 by then-ABA President Charles S. Rhyne as a national day to recognize the country’s commitment to the rule of law, Law Day was established by President Dwight Eisenhower the following year. Congress issued a joint resolution in 1961 designating May 1 as the official Law Day. Many civic groups and bar associations celebrate with a month of programs, presentations and events. Visit the ABA’s Law Day website (LawDay.org) for Law Day resources and visit the 2018 event calendar to learn about Law Day programs scheduled throughout the country.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.    

    Statement of ABA President Hilarie Bass Re: Justice Department’s action on Legal Orientation Program for immigrants

    April 25, 2018 11:47 AM by glynnj

    WASHINGTON, April 25, 2018 — The American Bar Association applauds the Justice Department’s decision today to continue funding the Legal Orientation Program for detained immigrants while it evaluates the program’s cost effectiveness. Earlier this month, the department announced it would suspend the program effective April 30 while the study was being conducted. We are pleased that today’s action reverses that decision.

    The Legal Orientation Program provides basic legal information to 53,000 men and women a year in federal detention centers in 16 states. The program is a critical step toward ensuring the fairness of immigration court hearings. Nearly 90 percent of all noncitizen detainees go through deportation proceedings without legal counsel. For them, these brief orientations are the only knowledge they get before being thrust into adversarial court hearings. The ABA operates two such programs under the Legal Orientation Program – one in San Diego and one near Brownsville, Texas.

    Previous studies have found the program is highly effective, saving court time and taxpayer money. A 2012 analysis by the Executive Office for Immigration Review found that detainees who received legal orientations completed their court proceeding 12 days faster and spent six fewer days in detention than detainees who did not participate in the program, saving taxpayers $17.8 million a year. Just five months ago, on Nov. 30, ICE praised the Legal Orientation Program, saying in a memo that immigrants who go through the program “are positioned to make better informed decisions, are more likely to obtain legal representation, and complete their cases faster than detainees who have not” gone through the program.

    We thank our colleagues across the country who provide crucial legal services to detainees and who worked tirelessly in recent days to ensure that this program would continue without interruption. We also appreciate that the Senate Subcommittee on Border Security and Immigration allowed the ABA to voice its concerns during testimony I gave on April 18.

    We look forward to a fair and thorough review of the Legal Orientation Program. We are confident it will conclude that this 15-year-old program, created under President George W. Bush and supported by both Republicans and Democrats, is a cost-effective and essential piece of our nation’s immigration system and our desire to provide due process for all.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA Marks 60th Anniversary of Law Day, with focus on ‘Separation of Powers’

    April 24, 2018 8:13 AM by romeroi

    WASHINGTON, April 24 2018 — The American Bar Association will celebrate Law Day in Washington, D.C.,  with programs on Tuesday, May 1, exploring separation of powers and whether it provides the balance today that was set forth by the Founding Fathers.

    Separation of Powers: Framework for Freedom,” is the theme of this year’s national recognition of the importance of the rule of law, and will be the subject of two public events on May 1:

    • The 16th Annual Leon Jaworski Public Program, which will be a debate on the following resolution: Separation of Powers is “Essential to the Preservation of Liberty.”
    • The Student Dialogue program for high school students.

    “At the American Bar Association, one of our most important jobs is ensuring that all citizens understand the rule of law that forms the foundation for our democracy,” ABA President Hilarie Bass said.  “The Law Day theme challenges us to reflect on the important reasons for three separate but equal branches of government. Let us take this opportunity to consider how and why power is shared in our government and ways we can work together to preserve our liberties and advance our rights.”

    What:   Law Day Programs
                 Presented by the  ABA Division for Public Education

    When:  Tuesday, May 1

    Where: National Press Club
                 529 14th Street, NW
                 Grand Ballroom, 13th floor
                 Washington, D.C.

                 United States Navy Memorial
                 Naval Heritage Center auditorium
                 701 Pennsylvania Ave. NW
                 Washington, D.C.

    Details of the full-day program are as follows:

    Tuesday, May 1

    10 – 11:30 a.m.

    Student Dialogue Program on Separation of Powers — Nearly 100 high school students from around the nation will gather at the U.S. Navy Memorial, Naval Heritage Center Auditorium to discuss topical issues related to separation of powers. This is an interactive event. Students will tweet live from the program by using the National Law Day 2018 events hashtags, #ABALawDay.

    This event is sponsored by the ABA Division for Public Education in partnership with the Close Up Foundation, a nonprofit organization that educates and inspires young people to become informed and engaged citizens. Featured speakers: ABA President Hilarie Bass; Ruthe Catolico Ashley, chair, Standing Committee on Public Education; Bob Carlson, ABA president-elect; and Jacqueline Becerra, chair of National Law Day.

    Reception: 5 – 6 p.m.
    Program: 6 –
    7: 30 p.m.

    The Leon Jaworski Public Program — Panelists will engage in a debate for and against the following resolution: Separation of powers is “essential to the preservation of liberty.” They will consider separation of powers as an ideal and as a practice, debating and discussing its meaning, its purpose, and its relevance for twenty-first century governance. Time will be reserved for questions.

    This event at the National Press Club is sponsored by the ABA Division for Public Education and is open to the public. ABA President Bass will preside. 
      
    Moderator: The moderator is Stephen Wermiel, professor of Practice of Law, American University Washington College of Law.

    Panelists are:

    Speaking for the resolution
    : Mickey Edwards, vice president, The Aspen Institute and Former U.S. Representative (Oklahoma); and Victoria Nourse, professor of Law and director, Center on National Security and the Law, Georgetown University Law Center.

    Speaking against the resolution:
      Edward L. Rubin, University Professor of Law and Political Science and former dean, Vanderbilt University Law School; and Laura Donohue, professor of Law and director, Center on National Security and the Law, Georgetown University Law Center.

    The public can view speaker bios; and could register for the program here.

    To view ABA President Hilarie Bass Law Day video message, click here.

    The events are free and open to members of the media. For media credentialing, please contact Betsy Adeboyejo at Betsy.Adeboyejo@americanbar.org or 202-662-1039.

    About Law Day     

    Envisioned in 1957 by then-ABA President Charles S. Rhyne as a national day to recognize the country’s commitment to the rule of law, Law Day was established by President Dwight Eisenhower the following year. Congress issued a joint resolution in 1961 designating May 1 as the official Law Day. Many civic groups and bar associations celebrate with a month of programs, presentations and events. Visit the ABA’s Law Day website (LawDay.org) for Law Day resources and visit the 2018 event calendar to learn about Law Day programs scheduled throughout the country.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on twitter@ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    DOJ officials, industry leaders to speak at ABA Institute of Health Care Fraud in San Francisco

    April 23, 2018 10:51 AM by glynnj

    WASHINGTON, April 23, 2018 Department of Justice officials, state attorneys general and industry experts headline speakers for the American Bar Association Criminal Justice Section’s 28th Annual National Institute on Health Care Fraud to be held May 2-4 in San Francisco.

    The three-day conference will feature two keynote speakers. Joseph Beemsterboer, deputy chief for Healthcare Fraud, Criminal Division, Justice Department in Washington, D.C, will speak at 9. a.m. on Thursday, May 3. On Friday, the luncheon keynote address will be delivered by A.G. Alexander, deputy administrator/director for the Center for Program Integrity, Centers for Medicare and Medicaid Services in Washington, D.C.

    What:  
    28th Annual National Institute on Health Care Fraud
    Sponsored by the ABA Criminal Justice Section

    When: 
    May 2-4, 2018

    Where:
    Hotel Nikko
    222 Mason St.
    San Francisco, Calif. 94102

    There will be workshops on Thursday and Friday on such topics as electronic medical records and the False Claims Act, enforcement and compliance – quality of care and medical necessity, fraud and abuse in long-term care and Medicaid fraud enforcement.

    Program highlights include:

    “Data Mining and Other Trends in Health Care Enforcement” — Panelists, including Carolyn Bell, assistant U.S. attorney for the Department of Justice in West Palm Beach, Fla., will discuss content management systems data mining, including how the government uses the information to identify targets and indict and how defendants can defend against the information.

    Wednesday, 11 a.m.-12:30 p.m.

    “False Claims Act Developments” — This panel will discuss important legal developments and current litigation and settlements in False Claims Act cases. Speakers include Saralyn Ang-Olson, director/senior assistant attorney general, California Department of Justice in Sacramento; and Benjamin C. Wei, senior trial counsel, Fraud Section, Civil Division, Department of Justice, Washington, D.C.

    Thursday, 11 a.m.-12:30 p.m.

    “Criminal, Civil and Administrative Enforcement in Kickback Cases” — This panel will review recent developments in the prosecution of violations of the anti-kickback statute in criminal, civil and administrative proceedings. Speakers include Sally Molloy, trial attorney, Fraud Section, Criminal Division, Department of Justice, Washington, D.C.; and Keshia Thompson, senior counsel, Administrative and Civil Remedies Branch, Office of Counsel to the Inspector General, U.S. Department of Health and Human Services, Washington, D.C.

    Thursday, 1:30-2:45 p.m.

    Federal and State Enforcement and the Opioid Crisis” — Panelists will examine the federal and state investigative and enforcement efforts for combating the nationwide opioid crises. The group will also discuss the criminal and civil enforcement strategies and goals and the forecast for future progress. Speakers are: Gary Cantrell, deputy inspector general for investigations, Health and Human Services/Office of Inspector General, Office of Investigations, Washington, D.C.; Larissa Payne, director, Medicaid Fraud Control Unit, Attorney General’s Office, Olympia, Wash.; David Rybicki, deputy assistant attorney general, Criminal Division, Department of Justice, Washington, D.C.; and Natalie Priddy Waites, senior counsel for Health Care Fraud, Civil Division/Fraud Section, Department of Justice, Washington, D.C.

    Friday, 2-3:15 p.m.

               

    A complete agenda and updated list of speakers can be found online.

    There is no charge for media covering this event. To register, please contact Robert Robinson at 202-662-1097 or Robert.Robinson@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Beyond the rhetoric, state of U.S-China trade relations emerges as a big unknown

    April 23, 2018 7:30 AM by glynnj

    International trade experts address the ABA Section of International Law Annual Conference in New York


    Lindsey B. Meyer is busy these days as an international trade lawyer and a licensed U.S. Customs broker in Washington, D.C. Amid recent rhetoric regarding U.S.-China trade relations, she sums up the current state this way: “We are at an interesting time when you are talking about trade and tariffs,” she said. “This is the first time that my children understand what I do.”

    The subject of trade is hot and not always understood, panelists observed on April 18 at the American Bar Association Section of International Law 2018 Annual Conference in New York. Four experts, including a lawyer who has practiced in Shanghai, China, for 20 years, described in some detail the evolution of trade between the two countries and offered their assessments of what might happen next at a panel titled, “Trumpeting New U.S.-Sino Trade Relations.”

    As outlined by the group, on one side is U.S. President Donald Trump, whose comments have reflected something of a roller coaster ride on U.S. positions on trade with China as well as with other countries. On the other side are the Chinese, who are known for an approach on trade that is slow, patient and methodical.

    The Chinese follow a five-year plan, and today are adhering to the 13th such plan in the past several generations, said China-based lawyer Robin Gerofsky Kaptzan.

    “The Chinese throughout history think: Where do they want to go, how are we going to get there. And they do that every five years,” said Gerofsky Kaptzan, senior foreign legal counsel at Duan & Duan Law Firm, the oldest law firm in China.

    How the differing approaches interact, for now, is only a guess, the panelists concede. There was even speculation that Trump and Chinese President Xi Jinping, who reportedly have grown close, were jockeying publicly about tariffs to play to their supporters at home, while privately they have no intention for a real trade war.

    Generally on trade, the Trump administration has looked “inside the tool kit” to deploy some levers in creative ways dealing with tariffs and other actions, said Meyer, who heads the international trade practice at Venable. As examples, she pointed to recent examples of U.S. tariffs and other moves on solar cells and washing machines as anti-dumping actions.

    At times, panelists provided a tutorial on arcane but important aspects of foreign trade. Anne Salladin, a lawyer with Stroock & Stroock & Lavin LLP in Washington, D.C., discussed, for instance, how nine different agencies come together to review foreign investment in the U.S. for national security purposes through the Committee on Foreign Investment in the United States, also known as CFIUS .

    Salladin, who served for nearly 20 years in the Office of the Assistant General Counsel for International Affairs of the U.S. Department of the Treasury, said there has been increased enforcement under the Trump administration. Many of the proposed investments that have been blocked involve Chinese companies making a minority investment in an American firm, presumably to harvest intellectual property.

    Paul Edelberg of Fox Rothschild LLP in New York observed that Trump’s recent comments about accepting the Trans-Pacific Partnership trade deal – when previously he staunchly opposed it and withdrew U.S. involvement from it early in the administration – might be a ploy to assist with negotiations with the Chinese. China was not a partner in the 11-country agreement when adopted by the Obama administration.

    “The Chinese are not too excited about TPP,” Edelberg said. While he admitted he was just speculating for now, Edelberg thought raising the possibility of the United States rejoining the TPP was a maneuver by the Trump administration to “get more leverage with China” in overall trade negotiations.

    “I don’t think there are any winners in a trade war,” he said. He added that “one of the victims” of a deterioration in trade relations with China might be reduction in foreign direct investment rather than trade itself.

    At the end of the day, Edelberg continued, noting previous reports of their personal closeness, the two leaders might say, “We are going to work it out because we are best friends.”

     

    Pentagon Papers whistleblower Daniel Ellsberg talks about the past, expresses concern for the future

    April 20, 2018 2:28 PM by glynnj

    A half century later, Daniel Ellsberg, perhaps America’s best-known whistleblower, still has a story to tell and a cause to articulate. The 87-year-old Ellsberg, a former Pentagon official most closely related to the 1971 leak of the Pentagon Papers, provided a history lesson of sorts to a packed room at the ABA Section of International Law 2018 Annual Conference on April 19 in New York City. Ellsberg’s release of the Pentagon Papers through a number of newspaper documented the United States role in Indochina from World War II through around 1968 and suggested that four U.S. presidents knowingly misled the American public about American involvement there.

    Jonathan Granoff (left), Chair of the Section of International Law's Task Force on Nuclear Nonproliferation talks with Dr. Daniel Ellsberg (right), former military analyst who leaked the Pentagon Papers in 1971.


    Interviewed by Jonathan Granoff, chair of SIL’s Task Force on Nuclear Nonproliferation and president of the Global Security Institute, Ellsberg recalled how his thinking evolved over a few years about the veracity of the U.S. government and outlined the factors that came into play in leaking the classified documents to the media. Ellsberg was charged with 12 felony counts and faced 115 years in jail before U.S. District Judge William Matthew Byrne Jr. dismissed the case in mid-trial for what the judge termed “improper government misconduct” related to a warrantless search of Ellsberg’s psychiatrist’s office.

    “You represent courage in action,” Granoff told Ellsberg.             

    But, as Ellsberg said, that was not always the case. He recounted how he had little inclination to release these secrets until he met some of the 5,000 young Americans, many peace activists, who decided to go to jail rather than fight in the Vietnam War. He singled out two — Randy Kehler and Bob Eaton — as fueling his decision to make a stand.

    Even though government officials said there were no plans to expand U.S presence in Vietnam in the mid-60s, “the Pentagon was totally involved in plans of widening the war,” said Ellsberg, who was a defense analyst for the RAND Corp. at the time of the leak. “On the ground and in the air. We were being misled.”

    “To me unjustified homicide is murder and I had been part of that,” he said of his role in assisting war preparation. “Then I came to the major point of what to do about it.”

    Around that time, Ellsberg said he “came face to face” with young Americans like Eaton and Kehler at a conference. “It struck me like a thunderbolt. For the first time I thought about trying to end the war from the inside. I thought, what can I do to shorten this war now that I am willing to go to prison?”

    He leaked the Pentagon Papers first to The New York Times and then to The Washington Post, an effort that was chronicled in the recent movie, “The Post,” with Meryl Streep and Tom Hanks. While pleased with how he was portrayed, Ellsberg noted that the movie producers took some editorial liberty. “It’s a Hollywood movie; it is not a documentary,” he said.

    Ellsberg’s recent book, “The Doomsday Machine, Confessions of a Nuclear War Planner,” provides a behind-the-scenes collection of detailed descriptions of global near-calamities, flawed launch protocols and the government’s own chilling estimates of the potential carnage following a nuclear conflict. He said Vietnam was a past catastrophe of his lifetime. The ramification of a nuclear buildup is the one he fears most now.

    Ellsberg said the world, including the United States, “will not escape” calamity “without more moral courage in this country.”

     

    ABA legal education section releases employment data for graduating law class of 2017

    April 20, 2018 11:36 AM by glynnj

    CHICAGO, April 20, 2018 – Employment data for the graduating law class of 2017 as reported by American Bar Association-approved law schools to the ABA Section on Legal Education and Admissions to the Bar is now publicly available.  

    The aggregate national data on law graduate employment outcome for the class of 2017 and individual schools' post-graduate employment figures can be found online. An online table also provides select national side-by-side comparisons between the classes of 2017 and 2016.

    The aggregated school data shows that 75.3 percent of the 2017 graduates of the 204 law schools approved by the ABA to offer the J.D. degree were employed in full-time long-term Bar Passage Required or J.D. Advantage jobs roughly 10 months after graduation. That compares to 72.6 percent of the graduates reporting similar full-time long-term jobs last year. The higher percentage of students so employed, however, results from an approximately 6 percent decrease in the size of the graduating class. The actual number of full-time long-term Bar Passage Required or J.D. Advantage jobs decreased by 630, or -2.34 percent year over year, going from 26,923 in 2016 to 26,293 in 2017.

    The ABA's accrediting body, under Standard 509 of the ABA Standards and Rules of Procedure for Approval of Law Schools, requires schools to report to the ABA and publicly disclose varied information, including employment outcomes. Employment and other statistics are posted to the Section of Legal Education statistics website.

    The council of the ABA Section of Legal Education and Admissions to the Bar and its accreditation committee are recognized by the U.S. Department of Education as the national accrediting agency for programs leading to the J.D. The section’s 14,000 members strive to improve legal education and lawyer licensing by fostering cooperation among legal educators, practitioners and judges through workshops, conferences and publications. The section also studies and makes recommendations for the improvement of the bar admission process, and the section and its governing council operate for accreditation purposes as independent arms of the ABA.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews

     

    ABA Day 2018: Lawyers engage lawmakers, address access-to-justice issues

    April 19, 2018 12:18 PM by glynnj

    Lawyers from 48 states meet up with their members of Congress during ABA Day 2018, stressing the importance of funding the Legal Services Corporation, which provides civil legal aid to nearly 1.7 million low-income people annually. They also seek preservation of the federal Public Service Loan Forgiveness program, which provides financial relief to people who choose careers in public service, as well as the reinstatement of the Legal Orientation Program, which provides critical legal information and assistance to adults held in immigration detention centers around the country.

     

    ABA Business Law Section honors Atlanta lawyer Therese Franzén with Jean Allard Glass Cutter Award

    April 18, 2018 9:04 AM by glynnj

    WASHINGTON, April 18, 2018 –  Atlanta attorney Therese “Terry” G. Franzén was honored with the American Bar Association Business Law Section’s 26th  Jean Allard Glass Cutter Award, which recognizes an exceptional female business lawyer who has made significant contributions to the legal profession and the section. The award was presented during a ceremony at the Business Law Section’s annual Spring Meeting on Friday, April 13 in Orlando, Fla.

    “Terry is a brilliant lawyer with a strong focus on helping people, and her track record of helping women succeed and advance to positions of leadership is unparalleled,” said Christopher J. Rockers, chair of the ABA Business Law Section.

    Franzén co-founded Franzén and Salzano PC in 1997 and continues of counsel after retirement from the practice of law. She co-founded ComplyShare LLC, a mortgage quality control and compliance company in 2008. Prior to co-founding her law firm, Franzén served as general counsel at Fleet Finance; managed the Commercial Litigation Department at Lamberth, Cifelli, Ellis & Nason, PA; and served as an assistant solicitor in Cobb County, Ga.

    Franzén is a nationally recognized expert in consumer financial services law, a fellow of the American College of Consumer Financial Services Lawyers, a member of the Governing Committee of the Conference of Consumer Finance Law and the former president of the Georgia Real Estate Fraud Prevention & Awareness Coalition.

    She chaired the ABA’s Business Law Section Council Committee Membership and Outreach and the In the Know Webinar Series, served on the publication board for the section and is past chair of the Consumer Financial Services Committee. Franzén received the 2015 Section Chair’s Award for her service to the section. She is a life fellow of the American Bar Foundation.

    Franzén is a graduate of the University of Georgia with a B.A. in History, and the University of Georgia School of Law. She is admitted to practice law in the state, federal and appellate courts of Georgia.

    The ABA Business Law Section serves more than 50,000 professionals and students by providing exclusive resources designed to help members expand their knowledge, engage with a community and advance their experience. Learn more at www.ambar.org/blmembership.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Lawyer well-being, former federal ethics chief headline ABA professionalism event

    April 18, 2018 6:45 AM by glynnj

    WASHINGTON, April 18, 2018 — A major legal conference in the nation’s capital, hosted by the American Bar Association Standing Committee on Lawyers’ Professional Liability, will explore a variety of professionalism issues, including lawyer well-being, malpractice developments and third-party litigation financing.

    What:              
    Spring 2018 National Legal Malpractice Conference

    When:             
    Wednesday – Friday, April 25 – 27

    Where:            
    Renaissance Downtown DC
    999 9th Street NW
    Washington, D.C. 20001

    The conference’s opening session, National Workshop on the Advancement of Attorney Well-Being in the Law Firm Setting,” will include ABA President Hilarie Bass, who is the co-president of international law firm Greenberg Traurig. In September 2017, the ABA Board of Governors, at the request of Bass, created the ABA Presidential Working Group to Advance Well-Being in the Legal Profession, with an emphasis on helping legal employers support healthy work environments. The interactive workshop on Wednesday, April 25, is intended to create practical and workable law firm policies to reinforce lawyer well-being as a core component of the ethical obligations of competence and diligence as well as professionalism. It runs from noon to 4 p.m.

    On Thursday, April 26, a plenary session will also cover issues dealing with lawyer well-being. “Lawyer Well-Being: New Responsibilities for Impaired Lawyers for Law Firms and LPL Insurers” will explore lawyers’ mental health issues and substance misuse and will focus on the findings and recommendations of the recent report issued by the National Task Force on Lawyer Well-Being, “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.” The panel for the session, which runs from 10 to 11:15 a.m., includes state directors of lawyer assistance programs in Indiana and Texas as well as two representatives from legal insurers.

    Walter Shaub, the director of the U.S. Office of Government Ethics from early 2013 through mid-July 2017, will speak on Thursday morning as well. Shaub, who has been widely quoted during the past year regarding problems he sees in government ethics, will look at the future of his former office and how many of the attacks on governmental ethics originate inside government. His talk is from 8:45 to 9:45 a.m.

    Other programs include:

    ·        “Spotting the Issues Associated with Third-Party Litigation Financing” — Litigation funding is a growing business as established finance companies enter the field and more firms avail themselves of the opportunity to manage litigation costs through financing. As a result, courts are beginning to pay more attention to the legal and ethical issues involved in litigation financing agreements. The panel, representing the perspectives of firms, carriers and the courts, will help lawyers understand the potential legal and ethical issues triggered in litigation financing arrangements and how to manage associated risks.
    Friday, 9–10 a.m.

    ·        “Back to the Future: Is It Time to Consider Alternative Business Structures for Law Firms?” — Except on a limited basis in the state of Washington and the District of Columbia, non-lawyer ownership of law firms, or alternative business structures (ABS), is barred. But it is nonetheless hotly debate in legal circles. The panel will examine the various forms of ABS, including law firms with non-lawyer ownership and multi-disciplinary practice law firms that provide additional non-legal services. These exist in many international jurisdictions.

                Thursday, 11:30 a.m.–12:30 p.m.

    The complete conference program can be found online.

    All sessions are open to the media but pre-registration is necessary. To register, please contact Bill Choyke at 202-662-1864 or bill.choyke@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA President Hilarie Bass testifies to Senate subcommittee about immigration courts

    April 18, 2018 5:57 AM by glynnj

    WASHINGTON, April 18, 2018 — Hilarie Bass, president of the American Bar Association, is scheduled to testify today before the Subcommittee on Border Security and Immigration of the Senate Judiciary Committee about “Strengthening and Reforming America’s Immigration Court System.”

    Her comments will focus on the need for major restructuring, recent challenges created by the lack of independence, and the importance of improving access to counsel and legal information. The ABA has endorsed the creation of an Article I court to replace the current immigration adjudication system

    “The ABA believes that restructuring the immigration adjudication system into an independent Article I court and increasing access to counsel and legal information are the best solutions to promote independence, fairness, efficiency, and accountability in the system,” Bass said.

    Read an advance copy of the testimony here.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Rulemaking process on agenda at ABA 14th Annual Administrative Law & Regulatory Practice Institute

    April 17, 2018 4:56 PM by glynnj

    WASHINGTON, April 18, 2018 — As the Trump administration’s legislative priorities continue to unfold, regulatory actions, rulemaking discussions and judicial review will be highlighted at the American Bar Association’s 14th Annual Administrative Law and Regulatory Practice Institute, April 24 at the Park Hyatt in Washington, D.C. 

    What:    
    14th Annual Administrative Law and Regulatory Practice Institute
    Sponsored by the ABA Section of Administrative Law and Regulatory Practice

    When:    
    April 27, 2018

    Where:   
    The Park Hyatt
    1201 24th St. NW
    Washington, D.C. 20037

    Program highlights include:

    • “The Rulemaking Process” This panel will provide an introductory/refresher course on the procedural steps, legal requirements and practical constraints applicable to issuing rules. Speakers are Amy Lubrano, senior regulatory analyst at The Regulatory Group Inc.,Arlington, Va.; Daniel Cohen, assistant general counsel at the U.S. Department of Energy; Andrew Emery, president of The Regulatory Group Inc.; Russell Frye of FryeLaw, Washington, D.C. 8:30-10 a.m.

    • “Judicial Review of Rules” This panel will provide an introductory/refresher course on judicial review of rulemaking. The panel will present government and private practice perspectives on procedural and strategic considerations, legal standards and practical constraints applicable to challenging (or defending) regulations in court. Speakers are: Amy Lubrano, senior regulatory analyst, The Regulatory Group Inc.; Melissa Patterson, with Department of Justice Civil Division; Megan Brown, partner at Wiley Rein, Washington, D.C.; Steve Lahotsky, chief counsel for regulatory regulation at U.S. Chamber of Commerce National Chamber Litigation Center. 10:15-11:45 a.m.

    • “Litigation and the Agency Administrative Record” This panel of agency lawyers and litigators representing the government, the private sector and public interest organizations will address topics relating to an agency’s administrative record that are likely to arise in litigation. Speakers are: Thomas Lorenzen, partner at Crowell & Moring and former official with U.S. Department of Justice Environment & Natural Resources Division; Andrew Mergen, deputy director of the appellate section at U.S. Department of Justice Environment & Natural Resources Division; Adina Rosenbaum, attorney, Public Citizen Litigation Group, Washington, D.C. Caroline Wehling, assistant general counsel at U.S. Environmental Protection Agency’s water law office; Eric Womack, assistant branch director in U.S. Department of Justice Civil Division. 1-2:30 p.m.

    • “Statutory Interpretation 101” — There are many ways to approach the process of interpreting a statute – how does an attorney discern the meaning of language? This program is taught by the country’s leading expert on statutory interpretation, and will help you learn how to effectively explain a statute’s meaning. Speakers are: Renée Landers, professor of law and faculty director, Health and Biomedical Law Concentration, Suffolk University Law School, Boston; Linda Jellum, Ellison Capers Palmer Sr. professor of law, Mercer University School of Law, Macon, Ga. 2:45-4:15 p.m.


    For a complete agenda, please click here.

    There is no charge for media covering this event. To register, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA offers resources to combat harassment in wake of #MeToo

    April 17, 2018 4:21 PM by glynnj

    American Bar Association members may take advantage of a free 75-minute seminar, “Sexual Harassment: Changing the Conversations,” 10-11:15 a.m. PST on May 9 at the McAuliffe CLE Center (4201 N. 24th Street) in Phoenix.

    Organized by the State Bar of Arizona and Arizona Supreme Court, in collaboration with the ABA and InReach, the program will use clinical analysis and scenario-based discussion to help participants respond to sexual harassment and lead their organizations to respond appropriately, too.

    Interested participants may RSVP for the live in-person event or sign up for the webcast.

    The May 9 program is among several resources developed by the ABA to address sexual harassment since the association’s House of Delegates passed Resolution 302, urging all employers to create and enforce policies that prohibit harassment and retaliation in the workplace based on gender, gender identity and sexual orientation.

    The policy-making session during the February ABA Midyear Meeting in Vancouver was the first meeting of delegates since the #MeToo movement gained steam in October 2017 after revelations of sexual harassment in the workplace began to rock the entertainment, media and political establishments.

    The measure was overwhelmingly supported by the 601-member body.

    ABA president Hilarie Bass emphasized the important role of the ABA in addressing the issue. “Not so long ago, many people in the legal profession asked whether sexual harassment was really a problem,” she said.

    “Today, everyone understands that sexual harassment is a problem in every workplace, often one that employers are either not aware of or have not addressed appropriately. Our goal today is to make sure that our workplaces are environments free of harassing behavior and that, to the extent that such behavior does take place, it will be expeditiously and appropriately addressed without retaliation to the victim.”

    Several ABA entities have answered that call with resources, in addition to the seminar in Arizona.

    Among them:

    ·        The Section of Civil Rights and Social Justice will host on May 23 part four of its Sexual Harassment & Assault in the Workplace webinar series with “The Shameful Truth: Sexual Harassment in the Legal Profession,” during which experts will examine the power dynamics for associates and female partners when they are attacked or otherwise victimized on the job, as well as how the Model Rules can help lawyers fight such harassment.  Other available programs from the series include “Sexual Harassment & Assault in the Workplace: What is It, Where Does It Come From…,” “Barriers to Combatting Sexual Harassment In and Out of Court and Legislative Responses in the #MeToo Moment,” and “ ‘Hey Hun! Just How Bad Do You Want Your Heat Fixed?’ – Sexual Harassment in Residential Housing.”

    ·        The ABA Center for Professional Development and Commission on Domestic & Sexual Violence presents “#MeToo: Empowering Employees and Employers to Address Workplace Sexual Harassment & Violence,” a CLE available on demand involving expert attorneys who will examine how employers can address harassment and violence in the workplace and create an environment where employers can respond to and report incidents without fear of retaliation.

    ·        The ABA Center for Professional Development and Forum on Construction Law offers an on-demand CLE, “The Construction Workplace: What You Need to Know About Sexual Harassment,” that features two seasoned employment lawyers discussing the ins and outs of combating harassment in the construction industry.

    ·        The ABA Center for Professional Development and Section of Litigation teamed up for a CLE available on demand, “Evaluating Sexual Harassment Claims: Strategies and Best Practices,” in which two veteran employment law litigators focus on the evaluation of sexual harassment claims, featuring perspectives from both plaintiff and defense counsel.

    ·        Several ABA entities, including the Commission on Domestic & Sexual Violence; Criminal Justice Section; Division for Public Services; Law Practice Division; Section of Civil Rights and Social Justice; Section of Dispute Resolution; and Solo, Small Firm and General Practice Division, are co-sponsoring, “Sexual Harassment: The Employer’s Role in Prevention,” another CLE available on demand, which focuses on workplace harassment prevention. Discussion topics include guidance on developing policies on harassment prohibition and non-retaliation, as well as help on creating procedures for prevention.

    Hot off the presses, the Commission on Women in the Profession released in March its newly updated policy manual on sexual harassment for legal employers and employees. In development over the last two years, “Zero Tolerance: Best Practices for Combating Sex-Based Harassment in the Legal Profession” is a soup-to-nuts resource that includes practical advice and a summary of current laws, cases, policies and best practices, such as sample policies for prohibiting harassment and for progressive discipline. The guide is available in both hard copy and e-book format.

    An online toolkit, a companion to the manual, is in the works and will be available in the coming months.

    Many other resources are in development.  Upcoming publications from the Law Student Division and Judicial Division will feature stories on combating sexual harassment. Student Lawyer magazine will explore the harassment of judicial clerks, and The Judge’s Journal is devoting an entire issue to the topic of sexual harassment from the judicial perspective.

    Stay tuned for a series of podcasts from the Commission on Domestic Violence on sexual harassment and the #MeToo movement.  The group’s new On the Ground audio programs will next explore the problem following three episodes on domestic violence.

     

    Experts discuss legal side of potential use of force in North Korea at ABA luncheon

    April 17, 2018 3:17 PM by glynnj

    WASHINGTON, April 17, 2018 — As North Korea continues its defiance of UN Security Council resolutions, legal experts will gather to discuss the constitutional and international questions presented by any military options by the United States, including the potential use of nuclear weapons, at a luncheon sponsored by the American Bar Association Standing Committee on Law and National Security.

    Two former legal advisers to the National Security Council – Judge James Baker, chair of the ABA Standing Committee on Law and National Security, and Brian Egan, partner with Steptoe & Johnson - as well as (retired) Brigadier General Rich Gross, former legal counsel to the Chairman of the Joint Chiefs of Staff, will discuss the normative legal process for reviewing military options as well as look at the issues from an operational perspective and how the law can, but does not necessarily, factor into operational decision-making. 

    What:        
    “The Use of Force in North Korea: The Legal Process”    

    When:       
    Tuesday, April 24
    Noon – 1:30 p.m. ET

    Where:      
    Army and Navy Club
    901 17th St. NW
    Washington, D.C.  20036

    There is no charge for media covering this event. To register, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New ABA book advises firms on motivating and retaining millennial lawyers

    April 17, 2018 2:53 PM by glynnj

    CHICAGO, April 17, 2018 — With millennials set to become almost half of the U.S. workforce by 2020, it is imperative that law firms understand and adapt to a new generational mindset. A new ABA book, The Millennial Lawyer: How Your Firm Can Motivate and Retain Young Associates,” offers valuable insight from former lawyer and millennial J.P. Box, Jr. on what made him leave the profession, and how to keep other millennials from following that pattern.

    By examining his own experiences with the generational divide, Box not only notes what went wrong, but shows how firms can recruit and retain top talent. Using extensive research, he identifies the most commonly held millennial values, including the:

    • Ability to blend work and life together
    • Allure of flat hierarchies
    • Desire to make immediate contributions
    • Critical role of mentorship
    • Value and importance of collaboration
    • Strong preference for great experiences over high pay
    • Belief in doing well by doing good.

    “The Millennial Lawyer” guides law firms on how to incorporate these values into their culture to form an environment where baby boomers, Gen Xers and millennials can blend harmoniously, strengthening the talents and productivity of all and boosting retention rates.

    Title:                             The Millennial Lawyer: How Your Firm Can Motivate and Retain Young Associates
    Publisher:                    ABA Book Publishing
    Pages:                         184
    Product Code:             5110816
    ISBN:                            978-1-64105-038-8
    Size:                              184 pages, 7 x 10, paperback
    Price:                            $29.95
    Orders:                        800-285-2221 or shopaba.org

    Editor’s note: Author interviews and review copies of this book are available by emailing Lauren Thompson at Lauren.Thompson@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Lauren Thompson, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

     

     

    ABA sections comment on Chile’s internal guidelines for submission of criminal claims for cartel offenses

    April 17, 2018 1:23 PM by glynnj

    WASHINGTON, April 17, 2018 — The American Bar Association sections of Antitrust Law and International Law have released joint comments on Chilean competition agency (“FNE”) Internal Guidelines for the Submission of Criminal Claims for Cartel Offenses.

    These views are presented only on behalf of the sections. They have not been approved by the ABA House of Delegates or Board of Governors and should not be construed as representing the policy of the American Bar Association.

    The cover letter and comments, dated April 12, 2018, are available for review online.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA issues new guidance on what a lawyer should do when a mistake is made

    April 17, 2018 8:45 AM by glynnj

    CHICAGO, April 17, 2018 —The American Bar Association Standing Committee on Ethics and Professional Responsibility released today Formal Opinion 481 that addresses a lawyer’s duty to inform a current or former client when the lawyer made a material error.

    Under Model Rule 1.4 of the ABA Model Rules of Professional Conduct, a lawyer is required to inform a current client of a material error. A material error is an error that a disinterested lawyer would conclude is reasonably likely to harm or prejudice the client, or an error that is of such nature that it would reasonably cause a client to consider terminating the representation. Many states have adopted a similar rule.

    But Model Rule 1.4 does not address the lawyer’s obligation to a former client when the representation has ended and there is no continuing relationship between the attorney and client on that or other matters. New Formal Opinion 481 says in those cases an attorney has no professional obligation under Model Rule 1.4 to disclose the past error, however material it might be.

    “Good business and risk management reasons may exist for lawyers to inform former clients of their material errors when they can do so in time to avoid or mitigate any potential harm or prejudice to the former client,” the formal opinion said. “Indeed, many lawyers would likely choose to do so for those or other individual reasons. Those are, however, personal decisions for lawyers rather than obligations imposed under the (ABA) Model Rules.”

    To illustrate a material error involving a former client, the opinion points to a contract prepared for a client in 2015. Three years later, the matter is concluded, representation has ended and the party for whom the contract was prepared is not a client of the lawyer or law firm in any other matter. In using that three-year old agreement as a template to prepare a contract for a different client, the lawyer discovers a material error in the agreement. Model Rule 1.4 would not require notification of the former client and Formal Opinion 481 spells that out.

    The opinion also examines the language of Model Rule 1.4 that require a lawyer to “promptly inform” current clients of material errors. “The ‘guiding principle’ undergirding Model Rule 1.4 is that ‘the lawyer should fulfill reasonable client expectations for information consistent with the duty to act in the client’s best interests, and the client’s overall requirements as to the character of representation.’ A lawyer may not withhold information from a client to serve the lawyer’s own interests or convenience,” Formal Opinion 481 said.

    The ABA Standing Committee on Ethics and Professional Responsibility periodically issues ethics opinions to guide lawyers, courts and the public in interpreting and applying ABA model ethics rules to specific issues of legal practice, client-lawyer relationships and judicial behavior.

    Formal Opinion 481 and other ABA ethics opinions are available on the ABA Center for Professional Responsibility website.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Data privacy, mergers key topics of discussion during ABA Antitrust Law spring meeting

    April 16, 2018 4:51 PM by glynnj

    Experts discuss data privacy and mergers during the Section of Antitrust Law Spring Meeting in Washington, D.C.


    Data privacy and mergers and acquisitions were hot topics of discussion at the April 13 Enforcers Roundtable during the 66th Annual Section of Antitrust Law Spring Meeting at the Marriott Marquis in Washington, D.C.

    The roundtable, the concluding event of the four-day conference, featured leading competition authorities from the United States, United Kingdom and European Union. Featured speakers were the UK’s Andrea Coscelli, chief executive, Competition & Markets Authority, London; Makan Delrahim, assistant attorney general, U.S. Department of Justice, Antitrust Division in Washington, D.C.; Victor J. Domen, chair, Multistate Antitrust Task Force, National Association of Attorneys General in Nashville, Tenn.; Maureen K. Ohlhausen, acting chair, Federal Trade Commission in Washington, D.C.; and Margrethe Vestager, commissioner for competition of the European Commission in Brussels.

    With the Facebook–Cambridge Analytica data scandal on the front pages of the news and the focus of Capitol Hill investigations, data privacy took center stage and set the table for discussion around the European Union’s sweeping new privacy law that will give consumers greater control over the use of their data. The General Data Protection Regulation (GDPR) goes into effect on May 25 and it will change what internet companies like Facebook, Google and others can do with customers’ data.

    “This is very important. When we asked Europeans, four out of five say ‘we feel completely powerless.’ And that doesn’t really make sense,” said Vestager, who in her term as head of the European competition committee has taken on tech giants Google and Apple in her efforts to regulate commercial activity across the 28 member countries and enforce the EU’s rules designed to keep the markets fair for consumers. “If we want to have the full potential of big data, its promises and its strengths, then we have to make people more comfortable. “If you feel powerless, you don’t act. And we need consumers to act in order for competition to work.”

    The GDPR is designed to give users greater control, including knowing what information companies have on them. It will also allow consumers to order web services to delete their data or stop distribution of it by third parties. And the new rule will require companies to give users the ability to more easily revoke consent for giving over their personal information.

    “These new rules will promote competition,” Vestager said. “This will allow consumers to choose more and it will enable them to move their business from one company to another. I think this is how competition and regulatory should work hand-in-hand.”

    Ohlhausen, the FTC’s acting chairman, said the agency will be watching the launch of the GDPR. “At the FTC, we have looked at big data and the benefits that it can bring to consumers and to competition as well. “It will be interesting to see how this all plays out,’’ she said.

    Mergers and acquisitions were of high interest, especially in light on the ongoing federal trial in Washington over the Justice Department’s lawsuit to block AT&T’s $85 billion merger bid for Time Warner. The trial has been under way for two weeks but was not in session on Friday, allowing the DOJ’s antitrust chief Makan Delrahim’s appearance on the Enforcer’s panel. He did not, however, speak directly about the trial but talked generally about vertical mergers.

    “I dispute the notion that all vertical mergers have been remedied,” Delrahim said. “In some of those remedies there have been abandonments, there have been structural changes. To say remedy is a presumption that the harm caused by that merger has now been remedied. And I would question if that is true in several high-profile recent vertical mergers and whether or not those harms have actually been solved to the benefit of the consumer.

    “And then you get to what I think is one of the issues and that is enforceability of some of those given the legal standards. We have a preponderance of the evidence standard to prove an antitrust violation. But until recently, with our new consent decrees, to enforce a violation of that consent decree you must have a clear and convincing standard to prove that to the court for a violation. And I just think that is completely out of whack. That is why we have taken the steps that we have taken to require that as a condition of any consent decree, parties have to agree that future enforcement action has to be on a preponderance of evidence.”

    The four-day conference is considered the world’s largest gathering of competition and consumer protection professionals. This year’s event drew more than 3,500 government enforcement officials, private attorneys, in-house corporate counsel, academics, judges, economists and business people from 66 countries to share knowledge about all aspects of competition and consumer protection law.

     

    SRC moves proposal ahead to make standardized test optional for law schools

    April 16, 2018 12:17 PM by glynnj

    The requirement that American Bar Association-approved law schools mandate applicants to submit a standardized law school admissions test as part of their admissions application would become optional under comments offered by the Standards Review Committee (SRC) of the Council of the ABA Section of Legal Education and Admissions to the Bar at its meeting on April 13.

    The matter now goes to the Council, which meets May 11 in Washington, D.C. If the Council approves the changes for Standards 501 and 503 of the ABA Standards and Rules of Procedure for Approval of Law Schools, the earliest they could go before the ABA House of Delegates for its concurrence would be August.

    The discussion of what to do with the ABA requirement for a “valid and reliable test” for most applicants for ABA-approved law schools has been growing for several years since some law schools were granted variances to explore the use of other tests under certain conditions. In addition, the James E. Rogers College of Law at the University of Arizona became the first school in February 2016 without a variance to announce that it would accept the GRE for incoming law students.

    For more than a half century, the LSAT, administered by the Law School Admissions Council, was the test used by schools, although it has never formally been assessed as “valid and reliable” by the Council. Rather, schools had their own experiences with the test validated each year directly by the LSAC. Since the Arizona decision, a number of other law schools, including Harvard and Northwestern, have announced they would accept the GRE for law-school applicants.

    The recommended change came during a discussion at the SRC’s all-day meeting. One day earlier at a public hearing, both the LSAC and the Educational Testing Service, which administers the GRE, touted the value of a standardized test in the law school admissions process and explained why their tests were “valid and reliable.” Maureen O’Rourke, council chair and dean of Boston University School of Law, acknowledged during the April 13 meeting that “the current situation is not tenable, and we can’t go on (without the Council addressing it).”

    The SRC saw no reason for the Council to change its mind about the proposal to remove the requirement of an admissions test from the Standards that were circulated earlier for notice and comment. But it did prepare an interpretation – viewed as an explainer – that would establish a “rebuttal presumption” that the school was out of compliance to Standard 501 if its admissions policy and process were called into question and the school did not require such a test. Standard 501 states that a school must “maintain sound admission policies and practices consistent with the Standards, its mission and the objectives of its program of legal education.”

    As proposed by the draft circulated by the Council for comment, Standard 503, which requires a test, would be eliminated altogether and Standard 501 would be strengthened and would include the new explainer.

    Under the procedures of the Council, the ABA House of Delegates can concur with the recommendation or return it with or without recommendation. The Council can then send it back to the House again for concurrence. The final decision for this and any standard rests with the Council, however.

    Barry Currier, ABA managing director of accreditation and legal education, and others at the meeting agreed that it was likely that law schools would continue to require an admissions test score from applicants, even if the formal requirement that they do so was removed. Removing the requirement, proponents of the change argue, will open opportunities for law schools to innovate with respect to putting together an entering class that serves well the program and missions of schools.

    The SRC considered a number of other proposals, and their actions included:

    • Approving new language for Standard 205 that covers nondiscrimination and equality of opportunity. The new language, consistent with requests from several religious-affiliated law schools, notes that the standard does not require a religiously affiliated law school to act inconsistently with the essential elements of its religious values and beliefs provided that the actions are protected by the First Amendment of the U.S. Constitution. A proposal for changes to the “Diversity and Inclusion” Standard 206 was tabled.

    • Recommending no changes to the proposed reworking of Standard 601, which would delete the written assessment for the library during the reaccreditation process. Some law librarians had requested the change, but a written report is not required now for other nonacademic areas of the law school.


    Currier also gave a report on the reorganization of the Council, which also would need House concurrence. Under the approach, the work of the SRC and the Council’s Accreditation Committee would be folded into the Council to save money and accelerate the process on a range of matters. Currier said he outlined the reorganization recently to a group of deans at an American Association of Law Schools meeting, and it generated favorable response, in part because reaccreditation would occur every 10 years rather than seven.

    For additional information on the April 12 SRC public hearing, see the News and Announcements feature on the right-hand side of the section's web page.

     

    Fraudulent email to ABA members

    April 16, 2018 11:10 AM by kuhanecc

    CHICAGO, April 16, 2018 – The American Bar Association was recently made aware of a fraudulent crowdfunding email that solicits donations under an ABA logo header and appears to come from a generic ABA email address on behalf of a member in need. 

    Please note: This is a fraudulent campaign that is not connected to the American Bar Association members, staff or leadership.

    The ABA has taken the necessary steps to prevent the further spread of this deceptive hoax.

    Contact the American Bar Association Customer Service Center at 800-285-2221 with any questions.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

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    ABA President joins pro bono effort to help homeless youth in Florida

    April 13, 2018 5:02 PM by glynnj

    ABA President Hilarie Bass joins Karen Frederiksen, associate general counsel at The Walt Disney Company (left) and Angela Vigil, executive director of the pro bono practice at Baker McKenzie (right) for the launch of the Florida Homeless Youth Handbook, which took place April 13 in Orlando. The handbook is a free legal resource designed to help Florida’s homeless youth understand their legal rights and help get their lives back on track with practical, straightforward answers to their legal problems. Developed by the advocacy group Florida’s Children First and volunteers from Disney and Baker McKenzie, the handbook covers issues including health care, housing, consumer and credit issues, identification, foster care, criminal justice, public benefits and more. Bass, who spoke at the event, has made the Legal Needs of Homeless Youth one of her major initiatives.

    ABA co-publishes a timely guide to pressing issues in Mexico’s legal system

    April 13, 2018 2:22 PM by glynnj

    WASHINGTON, April 13, 2018 — The American Bar Association Section of International Law and Carolina Academic Press have released a timely, practical and thought-provoking book on how Mexico’s legal system is responding to key challenges to the rule of law.

    “Mexico and Its Legal System: Lawyers’ Essays on the Continuing Evolution” presents nine essays exploring how Mexican law is evolving to address critical issues in the development of the country’s legal system. Some of the issues addressed include federalism, civil procedure, dispute resolution, immigration, foreign investment and land ownership. In addition, the book tackles how the law approaches gender equality, assures fair and transparent elections and shapes the role of the legal profession.

    The book’s co-editors, Yurixhi Gallardo and Patrick Del Duca, have produced insight into the role of the legal system in Mexican society that is simultaneously concrete and practice-oriented for lawyers and business people. The book, published in English, speaks broadly to the fundamental rule of law and law reform aspirations of lawyers generally, while affording insights relevant to current political and economic developments on both sides of the Mexico-U.S. border.

    The book lays a solid foundation for anyone seeking to understand the workings of Mexican law and is provocative reading, no matter how sophisticated and versed in the law readers may be.

    “Each essay drills into its subject matter with an immensely practical understanding of how the law currently works and how it might be made to work better,” said Del Duca. “As just one example, the chapters on the uniquely Mexican procedural concept of “amparo” and implementation of mandatory alternative dispute resolution in Mexican civil litigation are the most insightful of which I am aware, in any language, into these key elements of the functioning of Mexico’s legal system.”

    Gallardo is professor of the School of Law at Universidad Panamericana, Guadalajara, where she teaches in the areas of political theory and professional ethics. She received her Ph.D. from the Universidad Panamericana, Guadalajara, having earned master’s degrees in Humanistic Studies from the Universidad Abat Oliba CEU, Barcelona, and in History of Thought from Universidad Panamericana, Mexico City campus. She completed a specialization in Anthropology and Ethics at Universidad Panamericana, Guadalajara, where she also earned her law degree.

    Del Duca, a partner at Zuber Lawler & Del Duca LLP in Los Angeles, is the author of “Choosing the Language of Transnational Deals: Practicalities, Policy and Law Reform.” He has a J.D. from Harvard Law School, earned a laurea in giurisprudenza from the Università di Bologna law faculty, and received his Ph.D. in law from the European University Institute in Florence, Italy.

    Title:                            Mexico and Its Legal System: Lawyers’ Essays on the Continuing Evolution 
    Publisher:                    ABA Publishing and Carolina Academic Press
    Pages:                           232
    Product Code:              5210304
    ISBN:                            
    9781531009984
    e-ISBN:                          978-1-5310-0999-1
    Binding:                        Paperback
    Price:                             $35
    Orders:                          Order the book here or call (919) 489-7486

    Editor’s note: Author interviews and review copies of this book are available by emailing Francine Bennett at Francine.Bennett@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Francine Bennett, ABA Book Publishing, 1050 Connecticut Ave. NW, Washington, D.C. 20036.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.ambar.org/news and on Twitter @ABANews.

     

    Environmental justice focus of ABA program April 16 in Washington, D.C.

    April 13, 2018 9:06 AM by glynnj

    WASHINGTON, April 13, 2018 — The threats and opportunities that confront environmental justice in communities and the law will be the focus of the American Bar Association program, “Environmental Justice in the 21st Century, part 2: Threats and Opportunities,” an April 16 event and webinar.

    Rep. Raul Ruiz (D-Calif.) will give the keynote address. Ruiz, along with Sen. Cory Booker (D-N.J.), introduced the Environmental Justice Act of 2017, which strengthens legal protections against environmental injustice in communities of color, low-income communities and indigenous communities.

    What:  
    Environmental Justice in the 21st Century, part 2: Threats and Opportunities
    presented by the ABA Section of Civil Rights and Social Justice

    When: 
    Monday, April 16, 6-8 p.m.

    Where:
    Live and Live-Stream Webinar
    Georgetown University Law Center
    600 New Jersey Ave., NW (McDonough Room 207)
    Washington, DC 20001

    A reception will follow the event in the atrium outside the classroom at 7:30 p.m. or Live-Stream Webinar, register here.

    Legal experts and environmental advocates in the field will discuss updates on Environmental Justice in the 21st Century. The moderator for the discussion is Sheila R. Foster, professor of law and public policy at Georgetown University Law Center. Speakers include: Adrienne L. Hollis, director of Federal Policy, WE ACT for Environmental Justice; Leslie Fields, director, Environmental Justice and Community Partnerships Program, Sierra Club; and Lucia Silecchia, professor of law, The Catholic University of America, Columbus School of Law.

    The discussion will include:

    • The latest on climate justice
    • Toxic-siting, targeting minority communities for hazardous waste sites
    • Ramifications of extreme weather events on marginalized communities
    • Strategies for empowering and supporting environmental justice communities through their work

    This event is open to members of the media. For press credentialing, please contact Betsy Adeboyejo at Betsy.Adeboyejo@americanbar.org.

    This program is part of a two-part series. Environmental Justice, part 1, was held Nov. 28, 2017. Senator Cory Booker delivered the keynote address and a panel discussed critical issues involving strategies for securing environmental justice in vulnerable communities around the nation. To view the program, click here.

    The ABA Section of Civil Rights and Social Justice provides leadership within the legal profession in protecting and advancing human rights, civil liberties and social justice. Representing nearly 10,000 members with a wide range of professional interests, the section keeps its members abreast of complex civil rights and civil liberties issues and ensures that the protection of individual rights remain a focus of legal and policy discussion.

    Go to www.abalegalfactcheck.com for the ABA’s new feature that cites case and statutory law and other legal precedents to distinguish legal fact from fiction.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Detroit resurgence, sanctuary cities, Flint water are hot topics at ABA State and Local Government Law meeting

    April 13, 2018 8:53 AM by glynnj

    WASHINGTON, April 13, 2018 — Legal experts from across the country will discuss challenging issues such as state opioid litigation, disaster and response planning, renewable energy and the renaissance of Detroit during the American Bar Association Renaissance in Detroit: 2018 State and Local Government Law Spring Conference, April 19-22 in Detroit.

    The keynote speaker will be Dennis Archer, former mayor of Detroit and former ABA president, on Friday, April 20 from 12:30-2 p.m. Archer, chairman and CEO of Dennis W. Archer PLLC and chairman emeritus of Dickinson Wright PLLC, will offer insight into the resurgence of the city of Detroit and what cities could do to emulate its success.

    What:  
    Renaissance in Detroit: 2018 State and Local Government Law Spring Conference
    Sponsored by the ABA Section of State and Local Government Law

    When: 
    Thursday-Sunday, April 19-22

    Where
    The Westin Book Cadillac Hotel
    1114 Washington Blvd.
    Detroit, Mich., 48226                                                                         

    Program highlights include:

    “Flint Water – Ethics in Local Government” — The intersection of the role that local and state entities played in addressing the Flint Water Crisis will be at the center of this discussion. Panelists will examine legal and ethical issues that stemmed from the crisis.

    Thursday, 4:15–5:45 p.m., Founders A/B, 3rd floor

    “Sanctuary” Cities, and Conflicting Federal and State Immigration Policies: What’s a Contractor to Do?” — While many states disagree with the Trump administration’s policy on immigration, sanctuary cities have been established to protect immigrants, but it has created legal issues for contractors who work across multiple jurisdictions. This panel will help decode state efforts to preserve sanctuary cities while operating under federal policy. Panelists will discuss steps contractors should take during the procurement process to ensure they are compliant with both federal and state laws.

    Friday, 8:15–9:15 a.m., Founders A/B, 3rd floor

    “Resiliency, Disaster Planning and Response” — This panel is designed to help state and local governments avoid the common pitfalls associated with disaster preparedness. Topics will include post-disaster work contracting, Stafford Act and FEMA regulation compliance.

    Thursday, 4:45-6:15 p.m., Founders A, 3rd floor

    The complete agenda can be found online.

    There is no charge for media covering this event but registration is required. To register, please contact Betsy Adeboyejo at 202-662-1039 or Betsy.Adeboyejo@americanbar.org.

    The program is being held in collaboration with the ABA Section of Public Contract Law.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Government land use processes focus of ABA conference April 19-20 in Detroit

    April 13, 2018 8:48 AM by glynnj

    WASHINGTON, April 13, 2018 — Legal experts, city planners and other government officials from across the country will address local government land use processes and decisions that affect the economic development and quality of life of a community during the American Bar Association 32nd Annual Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation in Detroit, April 19-20.

    What:  
    32 Annual Land Use Institute: Planning, Regulation, Litigation, Eminent Domain, and Compensation Sponsored by the ABA Section of State and Local Government Law

    When: 
    Thursday-Sunday, April 19-20

    Where
    University of Detroit Mercy School of Law
    651 East Jefferson Avenue             
    Detroit, Mich., 48226    

    Phyllis L. Crocker, dean of the University of Detroit Mercy School of Law will give the welcome address on Thursday, April 19 at 1:30 p.m.

    Dennis Archer, former mayor of Detroit and former ABA president, will be a panelist on the program, “The Land Use Issues Impacting the Fall and Rise of Downtown Detroit,” on Friday, April 20 at 4:30 p.m. Archer is chairman and CEO of Dennis W. Archer PLLC and chairman emeritus of Dickinson Wright PLLC.

    The meeting will present a wide range of topics from eminent domain use, solving homelessness, federal laws and regulations that affect land use decision making, public/private partnerships, climate change and development to autonomous vehicles and the city’s having adequate housing supply.

    The complete agenda can be found here.

    There is no charge for media covering this event but registration is required. To register, please contact Betsy Adeboyejo at 202-662-1039 or Betsy.Adeboyejo@americanbar.org.

    The program is held in collaboration with the Section of Real Property, Trusts and Estate Law, Section of Infrastructure and Regulated Industries, Forum on Construction Law, and the Young Lawyers Division.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    ABA Day 2018: Justice Award honoree Brian Fitzpatrick

    April 13, 2018 6:33 AM by glynnj

    U.S. Rep. Brian Fitzpatrick (R-PA) thanks the ABA for guidance and knowledge on key legal issues on April 11 during the 2018 Congressional Justice Awards reception in Washington D.C.

    ABA Day 2018: Justice Award honoree Nancy Pelosi

    April 13, 2018 6:29 AM by glynnj

    House Minority Leader Nancy Pelosi (D-CA) applauds the ABA’s commitment to judicial independence on April 11 during the 2018 Congressional Justice Awards Reception in Washington D.C. 

    New ABA Legal Fact Check explores history, exceptions of attorney-client privilege

    April 12, 2018 4:05 PM by romeroi

    WASHINGTON, April 12, 2018 — The American Bar Association posted today a new ABA Legal Fact Check  that might be helpful for your continuing coverage of the FBI search of the offices and temporary residence of Michael Cohen, the personal lawyer for President Donald Trump.

     

    The fact check explores the history of the attorney-client privilege and outlines the three legal exceptions that have been carved out regarding confidentiality of conversations between a client and his or her lawyer. The item also explains differences between an exchange covered under the privilege and conversations that are not.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. The URL for the site is www.abalegalfactcheck.com. Follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at
    www.americanbar.org/news and on Twitter @ABANews.

     

    ABA conference to explore water law developments and trends

    April 12, 2018 3:27 PM by romeroi

    CHICAGO, April 12, 2018 — Regulators, practitioners and academics will examine new developments in water law at the 36th Annual Water Law Conference hosted by the American Bar Association Section of Environment, Energy and Resources April 16-18 at Hilton Bonnet Creek in Orlando.

    Featured speakers include: 

    Elizabeth Ann Peterson
    , a lawyer in the appellate section of the Environment and Natural Resources Division at the U.S. Department of Justice, who will discuss the federal reserved water rights doctrine in “Does a Federal Reserved Right to Surface Water Extend to Groundwater?: The Ninth Circuit’s Decision in Agua Caliente v. Coachella Valley Water District,” at 10-11:30 a.m. April 17. 

    James DuBois, a lawyer with the Environment and Natural Resources Division at the U.S. Department of Justice, who will discuss “The Federal Role in Interstate Disputes” at 11:30 a.m.-1 p.m. April 18.

    What:      36th Annual Water Law Conference 
                  Sponsored by the ABA Section of Environment, Energy and Resources

    When:     Monday-Wednesday, April 16-18     

    Where:    Hilton Bonnet Creek
                   14100 Bonnet Creek Resort Lane
                   Orlando

    Program highlights include:

    ·        Mandating “Natural Flows” in Managed Systems—Stories from East, West, and Science — Biologists report that freshwater aquatic ecosystems are exhibiting declines in biodiversity that far outpace those of terrestrial and marine ecosystems. Recognizing that the myriad of human activities that alter natural flows have contributed to widespread degradation of freshwater habitat, more than a dozen states have adopted narrative or other minimum flow criteria for the protection of aquatic life. Learn the science behind these flow criteria from experienced practitioners including veteran water lawyers experienced with minimum flow regimes. Discover how the criteria can affect existing and prospective water rights and allocations on which clients depend, in both regulated riparian and prior appropriation contexts. The panel will also discuss how rights or permit holders can adjust, for example, by acquiring alternative sources of supply that are unlikely to be restricted at the same times.
    April 17, 12:30 –2 p.m.

    ·        “Water Reuse: It’s Deja Vu All Over Again” — The ongoing Western drought and water supply pressures have focused much attention on reused water as a drought-proof water supply. Cities in Texas are implementing direct potable reuse. Repeated reuse to extinguishment of the resource is being discussed in Arizona. Colorado is considering allowing farmers to increase efficiencies and reuse the saved water to supplement instream flows. This panel will consider the legal and social issues associated with water reuse including public perception and the impacts on water rights in both riparian and prior appropriation states. Panelists will look at the future of direct and indirect potable reuse and how reuse is currently being addressed across the county. Reuse is an area of water law and water management in flux which will have significant impact on the future of the practice. Attendees will gain a deeper understanding of the technical, legal, and economic implications of water reuse.
    April 18, 10-11:30 a.m.   

    For a complete list of conference panels and speakers, please click here.

    This conference is co-located with the ABA Section of Environment, Energy and Resources 47th Spring Conference on April 18-20, allowing media to cover both events.

    This event is open to members of the press. For media credentialing, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Experts to discuss environmental regulation, policy issues at ABA conference in Orlando

    April 12, 2018 3:24 PM by romeroi

    WASHINGTON, April 12, 2018 — Government officials, in-house counsel and academics will discuss key topics and issues confronting environmental, energy and resources lawyers at the 47th Spring Conference hosted by the American Bar Association Section of Environment, Energy and Resources on April 18-20 at the Hilton Bonnet Creek Resort in Orlando.

    Keynote speakers include William Wehrum, assistant administrator in the Office of Air and  Radiation at the U.S. Environmental Protection Agency at 8 a.m. on April 19; and Noah Valenstein, secretary of the Florida Department of Environmental Protection, at 8 a.m. on April 20.

    What:      47th Spring Conference 
                  Sponsored by the ABA Section of Environment, Energy and Resources 

    When:     Wednesday-Friday, April 18-20           

    Where:    Hilton Bonnet Creek Resort
                   14100 Bonnet Creek Resort Lane
                   Orlando

    Program highlights include:

    “Trump’s First Year: Regulatory Reform and a New Direction?” —  Panelists, including U.S. Environmental Protection Agency General Counsel Matt Leopold, will discuss significant environmental regulatory and policy decisions of the Trump administration’s first year including: rescinding the Clean Power Plan, exiting the Paris Agreement on climate change and revisiting the definition of jurisdictional waters under the Clean Water Act. They will examine the impact of budget constraints, shifting priorities and evolving enforcement goals on the direction of EPA, as well as the opportunities presented by the administration and the views of those that may be opposed to the agency’s proposed regulatory reforms. 
    Thursday, 8:30-10 a.m.

    “The Domino Effect of Rising Seas: Coastal Siting and Future Waves of Litigation? — Sea level rise is creating new environmental challenges. These challenges include implementing relevant environmental policies to adapt to the risks posed by stronger and more frequent storms and coastal inundation. Sea level rise also has evolving financial and risk management implications in the disclosure and insurance arenas. This panel will discuss the steps being taken in response to sea level rise and the potentially increasing wave of disclosure/risk management litigation with legal perspectives from the government, business and risk management points of view.
    Friday, 10:30 a.m.-noon

    “The New Administration on the World Stage: From NAFTA to Paris, Ozone, Oceans, Chemicals and E-Waste” —  Ramifications of U.S. policy shifts extend globally, from NAFTA to the Paris Agreement and beyond. International practitioners and academic experts will review actions taken by the Trump administration and explain how key implications of revised U.S. positions will affect the practice of environmental law. The panel will consider the role of the United States in significant international environmental agreements and forums, such as the Montreal Protocol’s MOP 28 Kigali Amendment to regulate greenhouse gases; international agreements protecting marine resources, illegal fishing and ocean bed mining; the UN’s High-level Political Forum 2030 Agenda for Sustainable Development; and international efforts surrounding mercury and the disposal of e-waste. This panel will provide a current understanding of the administration’s impacts on the world stage and the implications for future U.S. international environmental, energy and resource commitments.

    A complete agenda can be found online.

    The conference is co-located with the 36th Water Law Conference on April 16-18, allowing media to cover both events.

    This event is open to members of the press. For media credentialing, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    ABA honors “champions of justice” in Congress

    April 12, 2018 2:15 PM by glynnj

    Four lawmakers received the 2018 American Bar Association Congressional Justice Award at the Ronald Reagan Building and International Trade Center Wednesday evening during ABA Day, the association’s annual effort to connect policymakers with their constituents in the legal profession.

    The award is presented annually to members of Congress to acknowledge their leadership on issues critically important to the legal profession.

    ABA President Hilarie Bass kicked off the event by thanking the four recipients, who she said have "stood as champions of the justice system."

    This year's honorees are:

    Nancy Pelosi

    Rep. Nancy Pelosi (D-Calif. 12th): Pelosi has spent more than 30 years in the House of Representatives serving as a powerful voice for equal justice for all and championing issues of importance to the ABA including transgender rights, marriage equality, pay equity and immigration reform. This past year, she has strongly advocated for a path to citizenship for the so-called "Dreamers," undocumented persons who were brought to this country as children and have grown up here. She has also been a leader in opposing legislation that would restrict access to the civil justice system.

     

     

    Brian Fitzpatrick

    Rep. Brian Fitzpatrick (R-Pa. 8th): The ABA honors Fitzpatrick for his efforts to increase Legal Services Corporation funding and his leadership in efforts to enhance access to the civil justice system. Since joining Congress in 2016, he has been a staunch supporter of increased funding for legal aid and has led the efforts to raise Republican support for it. In 2017, he joined with Rep. Steve Cohen (D-Tenn.) to sponsor the first-ever bipartisan amendment to increase LSC appropriations.

     

     

    Sen. John Cornyn (R-Texas): The ABA honors Cornyn for his work to improve the American justice system, particularly for his leadership in securing LSC funding. The association also recognizes his commitment to ensuring access to justice for domestic violence and trafficking survivors and his co-sponsorship of the Veterans Treatment Courts Improvement Act of 2017.

    Sen. Diane Feinstein (D-Calif.): The ABA is recognizing Feinstein for her support of LSC, her decades-long effort to enact sensible gun safety legislation and for her commitment to ensuring that members of the Senate Judiciary Committee have an opportunity to consider the ABA's peer assessments of the professional qualifications of federal judicial nominees prior to their confirmation hearings.

    Both Pelosi and Fitzpatrick were present for the award ceremony.

    Pelosi spoke on the important role of lawyers. "America's story is one of ever-expanding freedoms," she said. "And lawyers have been on the front line to protect and ensure those freedoms."

    Pelosi said she often reminds her colleagues in Congress of the words of Pope Benedict XVI, who quoted St. Augustine 17 centuries earlier: "'Any government that is not formed to promote justice is just a bunch of thieves. …Sometimes it's difficult to define justice, but in doing so we must be aware of the danger of ethical blindness caused by the dazzling power of money and special interest.' That's what you do, as you provide justice for so many people."

    Pelosi also thanked the audience for their advocacy work on Capitol Hill during ABA Day, fighting the budget proposals to cut funding for the Legal Services Corporation and for efforts to protect the Public Service Loan Forgiveness program. "We, in Congress, stand with you," she said, adding that members of Congress are grateful for the ABA's "steadfast commitment to the independence of the judiciary."

    Fitzpatrick also spoke on the importance of legal aid. He said that equality and access to the courts have been the "bedrock foundation of American life" and that LSC stands up for the "little guy," which is "very important, now more than ever."

    Fitzpatrick also thanked the audience for its advocacy work during ABA Day. "There are a lot of important decisions made in this city … and our leaders need to learn from you."

    ABA summit on indigent defense brings together key stakeholders on criminal justice issues

    April 12, 2018 9:09 AM by romeroi

    CHICAGO, April 12, 2018 — The American Bar Association will host the 13th Annual Summit on Indigent Defense Improvement on April 20 in Chicago, and the list of speakers includes defense attorneys, public interest activists and state supreme court justices.

    What:               2018 Summit on Indigent Defense Improvement 

    When:
                  Friday, April 20, 2018

    Where:
                ABA Headquarters
                            321 N. Clark Street
                            Chicago, Ill. 60654

    The six programs at the one-day summit run the gamut from conflicts that could arise for lawyers who represent indigent defendants to the challenges posed to judges who seek to be change agents and still fulfill their role as unbiased adjudicators. Illinois Supreme Court Justice Thomas Kilbride, who served as the state’s chief justice for three years, and North Carolina Supreme Court Justice Cheri Beasley are slated to participate on the 2:30 p.m. panel, “Judicial Role: What role should judges play in public defense reform?”

    Rick Kammen, a criminal defense lawyer based in Indianapolis, will provide the luncheon keynote address. Kammen has represented more than 300 homicide defendants, including involvement in approximately 40 death penalty cases. Until October 2017, he served as “Learned Counsel” in United States v. Abdul Rahim Al-Nashiri — the case involving an alleged central figure in the bombing of the U.S.S. Cole in 2000 in Aden, Yemen that is now before the Military Commission at Guantanamo Bay, Cuba. Kammen and other civilian counsel withdrew from the case after the commission declined to address possible intrusions into the attorney-client relationship.

    Also, Philadelphia District Attorney Larry Krasner, who campaigned on ending mass incarceration, will participate in the panel at 3:45 p.m. titled, “Progressive Prosecution: Can prosecutors help drive criminal justice reform?”  Since taking office, Krasner has implemented reforms, including not seeking bail in misdemeanor and nonviolence felony cases.

    The summit program can be found online. The conference is sponsored by the ABA Standing Committee on Legal Aid and Indigent Defendants along with the nonprofit group Justice Works and the National Legal Aid & Defender Association.

    All sessions are open to the media but pre-registration is necessary. To register, please contact Bill Choyke at 202-662-1864 or bill.choyke@americanbar.org.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Traffic tickets, immigration, cybersecurity among topics at ABA GPSolo Joint Spring Meeting

    April 11, 2018 3:40 PM by romeroi

    CHICAGO, April 11, 2018 — Legal professionals will gather to discuss a wide range of subjects at the American Bar Association Solo, Small Firm and General Practice Division’s 2018 Joint Spring Meeting April 25-28 at the Sheraton New Orleans Hotel in New Orleans.

    A highlight of the three-day conference will be the presentation of achievement awards to veteran lawyers Frank Neuner (of New Orleans), Neal Sonnett (of Miami) and Ernest Svenson (of St. Louis) during the Solo & Small Firm Awards luncheon at 11:30 a.m. Friday, April 27, in the Waterbury Ballroom at the hotel.

    What:  
    2018 Joint Spring Meeting
                 Sponsored by the Solo, Small Firm and General Practice Division
                 Group Legal Services Association and 
                 ABA Standing Committee on Group & Prepaid Legal Services  

    When: 
    April 25-28

    Where: Sheraton New Orleans Hotel
                 500 Canal St.
                 New Orleans

    Program highlights include:

    “Make That Traffic Ticket Trash Your Firm’s Gold Mine”
    – Traffic tickets throughout the United States are handled vastly different from state to state and jurisdiction to jurisdiction. Presenters will discuss how lawyers can best represent ticket holders and keep up to speed with all the changes in an efficient and collaborative matter. Thursday, 11 a.m.-Noon.

    “The American Dreamers: Current Legal Issues for Child Immigrants”
    – Immigration policy, politics, and processes impact our communities in many ways. Often, those impacted the most are children. This can then in turn impact local courts, schools, and communities. In this session, panelists will examine current immigration policies and how they impact children and our communities. Thursday, 2-3 p.m.

    “Cybersecurity Y2K18 Review”
    –In this panel discussion, moderated by IP and business risk mitigation leader Mary Juetten, four cybersecurity experts will discuss imminent threats to cybersecurity for attorneys and law-related business managers. Drawing from their experiences across a variety of technology company and law practice management enterprises, they will then review popular, under-the-radar and upcoming technologies designed to help legal services providers better secure their businesses. A.I., Bitcoin, cost management, data breach insurance, VPN and encryption, and other issues unique to solo, small and emerging law businesses will also be discussed.  Friday, 8-9 a.m.

    A complete meeting agenda can be found here.

    This event is free and open to the members of the press. For media credentialing, please contact Jennifer Kildee at 202-662-1732 or Jennifer.Kildee@americanbar.org.

    The ABA Solo, Small Firm and General Practice Division is committed to providing unique resources exclusively for solo, small-firm and general practitioners, who represent half of the nation’s lawyers.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

     

    Neal R. Sonnett to receive ABA Solo and Small Firm Lifetime Achievement Award

    April 11, 2018 12:44 PM by romeroi

    CHICAGO, April 11, 2018 — The American Bar Association Solo, Small Firm and General Practice Division will honor Neal R. Sonnett with its 2018 Lifetime Achievement Award, which recognizes the efforts and accomplishments of outstanding solo and small firm practitioners as well as bar leaders and associations.

    The award will be presented to Sonnett at the Solo and Small Firm Awards Luncheon at 11:30 a.m. Friday, April 27, in the Waterbury Ballroom at the Sheraton New Orleans during the 2018 Joint Spring Meeting.

    This award recognizes exceptional lifetime achievement by a solo or small firm practitioner who is widely accepted by his or her peers as having consistently achieved distinction in an exemplary way. The recipients are viewed by other solo and small firm practitioners as epitomizing the ideals of the legal profession and of solo and small firm practitioners.

    Neal R. Sonnett is a nationally prominent criminal defense lawyer in Miami who defends white collar, corporate and complex criminal cases throughout the United States. Prior to private practice, he served as an assistant United States attorney and chief of the Criminal Division for the Southern District of Florida. He received his J.D. degree from the University of Miami School of Law in 1972.

    Sonnett has served on the ABA Board of Governors, as chair of the Criminal Justice Section and the Section of Civil Rights and Social Justice and he has been in the ABA House of Delegates for more than 25 years. He also chaired the ABA task forces on Treatment of Enemy Combatants and on Domestic Surveillance in the Fight Against Terrorism, and he was the first ABA observer in Guantanamo, Cuba. Sonnett also has served as president of the National Association of Criminal Defense Lawyers, the American Judicature Society, the Florida Bar Foundation, the Florida Association of Criminal Defense Lawyers, the Dade County Bar Association, the Federal Bar Association, South Florida Chapter and the Spellman-Hoeveler American Inn of Court in Miami.

    Among many awards, Neal has received the highest service or achievement awards from the ABA Criminal Justice Section, the Fellows of the American Bar Foundation, the NACDL and FACDL and the Florida Bar Criminal Law Section. He also received the ADL Jurisprudence Award for his “inspiring leadership in preserving liberty, counteracting bigotry and advancing the cause of human rights” and the Florida Bar Foundation Medal of Honor, the highest award given to a lawyer by the legal profession in Florida, for his “dedicated service in protecting individual rights precious to our American Constitutional form of government.”

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 10,000 members, the ABA Solo, Small Firm and General Practice Division is committed to providing unique resources exclusively for solo, small-firm and general practitioners, who represent half of the nation’s lawyers.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

    Ernest Svenson to receive ABA Solo and Small Firm 2018 Trainer Award

    April 11, 2018 12:43 PM by glynnj

    CHICAGO, April 11, 2018 — The American Bar Association Solo, Small Firm and General Practice Division will honor Ernest Svenson with its 2018 Trainer Award, which recognizes lawyers who have made significant contributions to educating lawyers or law students regarding the opportunities and challenges of a solo and small firm practice.

    The award will be presented at the Solo and Small Firm Awards Luncheon at 11:30 a.m. Friday, April 27, in the Waterbury Ballroom at the Sheraton New Orleans during the 2018 Joint Spring Meeting.

    Svenson worked in a large New Orleans firm for 18 years doing commercial litigation, eventually becoming a partner. He left the firm in 2006 to start a low-overhead, paperless solo practice. Now, through his LawFirmAutopilot.com website, he helps fellow lawyers build their own practices. Svenson is a nationally recognized speaker and author on topics such as paperless lawyering, email efficiency, document automation and online marketing.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to www.abalegalfactcheck.com and follow us on Twitter @ABAFactCheck.

    With more than 10,000 members, the ABA Solo, Small Firm and General Practice Division is committed to providing unique resources exclusively for solo, small-firm and general practitioners, who represent half of the nation’s lawyers.

    With more than 400,000 members, the American Bar Association is one of the largest voluntary professional membership organizations in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law. View our privacy statement online. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.