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Archive for 'July 2018'

    Annual 2018: Why women leave the law—and what we can do about it

    July 31, 2018 3:20 PM by glynnj

    The issue of women leaving the practice of law at what should be the height of their careers, and what can be done about it was the focus of one of ABA President Hilarie Bass’ initiatives. At the ABA Annual Meeting in Chicago, a program will lay out what a year’s worth of scientific research has revealed about the dilemma.

    “Long-Term Careers for Women in Law: What’s Pushing Women Out and What Can We Do to Keep Them in the Profession?” will be held on Friday, Aug. 3, from 2:30-3:45 p.m., at the Fairmont Millennium Park, 3rd Level, Crystal Room.

    Even though women have comprised nearly half of all law students and incoming associates at law firms for many years, they remain greatly outnumbered by men in the senior ranks of law firms, corporate law departments and other practice settings.  If steps are not taken to change the current trend, the percentage of women equity partners will remain stuck at under 20 percent for decades to come.

    The presidential initiative, Achieving Long-Term Careers for Women in Law, focused on the unique issues and career dynamics facing women lawyers in practice for over 20 years, and explored the reasons for their disproportionately high rate of attrition. It also looked at the career paths of senior women lawyers who continue to practice.

    The initiative undertook three avenues of research:

    • ALM Intelligence surveyed managing partners and lawyers with 20-plus years of experience at 350 firms to explore women’s career trajectories.

    • The ABA surveyed law school alumni 20-plus years after graduation, covering all areas in which lawyers work, finding what percentages are still practicing law and asking why and why not.

    • The ABA and American Bar Foundation joined forces to conduct focus groups to uncover what participants like and dislike about the practice of law. The focus groups took place in the past year in Boston, New York City, Washington, D.C., Miami, Chicago, San Francisco and Houston. They consisted of women still practicing law after 15 or more years, as well as women who dropped out of practicing after 15 or more years.


    In addition, national summits were held at Harvard Law School in November and at Northwestern Pritzker School of Law in June to discuss the issues and identify best practices.

    At the program, panelist Joyce Sterling, emeritus professor of legal ethics and the legal profession at the University of Denver Sturm College of Law, will discuss the results of the focus groups. She says that they revealed that most of the aspects of law practice that women disliked involved some form of discrimination, including:

    • Paternalism
    • Tokenism
    • Lack of “face-time”
    • An atmosphere of competition vs. teamwork
    • Sexual harassment
    • Issues with credit allocation.


    When asked why gender disparities remain at law firms, Sterling says the focus groups pointed to:

    • Closed compensation system
    • The credit system disadvantages women
    • The breadmaker/homemaker stereotypes persist
    • The “boys club” limits opportunities for women
    • Ageism impacts men and women differently.


    The focus groups had ideas for how to change the system, she says, and among them are:

    • Develop succession plans for distributing credit
    • Diversify leadership and make sure leadership champions diversity
    • Provide continuous training with a focus on business development
    • Offer on-ramping opportunities
    • Include men in diversity discussions and policies
    • Formalize policies.


    Stephanie Scharf, co-chair of the Advisory Council for ABA Presidential Initiative on Achieving Long-Term Careers for Women in Law, chair of the ABA Commission on Women and partner at Scharf Banks Marmor LLC in Chicago, and Andrew Neblett, president of ALM Intelligence in New York, will discuss the ALM Intelligence survey results.

    She notes that regarding their work at law firms, men and women reported stark differences in:

    • having received unwanted sexual advances, requests for sexual favors or other conduct of a sexual nature
    • having experienced a lack of access to business development opportunities
    • being denied or overlooked for advancement or promotional opportunities
    • being denied a salary increase or bonus
    • having experienced a lack of access to sponsors
    • having felt treated as a token representative for diversity.
    • When asked about factors that affected why they left the legal profession,
    • Almost three times as many men as women identified an emphasis on marketing or originating business as important or very important factors in why they left
    • Almost half of women and one-fifth of men identified caretaking commitments as important or very important factors in why they left.


    These and many other findings will be reported on at the program, with the final report, which will include a series of recommendations that law firms can follow to address this phenomenon, expected by the end of September.

    “The research should allow us to understand, on the basis of systematic survey data, why women leave the profession and why they stay,” Scharf says, “and to use that information to frame effective employment policies so that law firms, corporate law departments and other legal employers have the best tools possible to retain and advance talented women.”

    The panel will be moderated by Roberta Liebenberg, co-chair of the Advisory Council for ABA Presidential Initiative on Achieving Long-Term Careers for Women in Law and a senior partner at Fine, Kaplan and Black in Philadelphia, and will also include Joanne Epps, executive vice president and provost of Temple University in Philadelphia.

    Annual 2018: Government searches, privacy and security in digital age

    July 31, 2018 11:06 AM by glynnj

    As our lives become more dependent upon technology, the personal data collected by these electronic devices is a growing concern of many. The implications this data collection will be the subject of a panel discussion on Friday, Aug., 3, during the American Bar Association Annual Meeting in Chicago.

    Can’t Touch This – Or Can They? Government Searches, Privacy, and Security in a Digital Age,” sponsored by the ABA Section of Science and Technology Law, will be held from 10-11:30 a.m. at the Hyatt Regency Chicago’s East Tower, Columbus Hall KL.

    Just how much data is collected about us? According to a recent article in Forbes, the answer is 2.5 quintillion bytes – and growing, as the internet of things expands. Even more surprising – 90 percent of the world’s data was generated in the last two years alone.

    "As we witness great advances in technology, courts are struggling with how traditional legal rules apply, particularly when troves of personal information are made readily available, said panel moderator Paul M. Rosen, the former chief of staff at the Department of Homeland Security and a partner at Crowell & Moring. “We will explore these new technologies, dive into what is changing and where the law is going in this digital age.”

    The goal of the panel is to highlight the legal, privacy and constitutional concerns associated with the collection and movement of massive amounts of data, lay out the statutory and legal framework for thinking about these issues, and provide practical advice and solutions to lawyers and companies struggling to make sense of it.

    Program highlights include:

    • More and more consumers are sharing private information with third parties such as wireless phone companies. What are the legal limitations of what companies can do with that information? What does the government require to access that information from such companies, and how has recent Supreme Court case law changed the legal landscape?

    • As the Department of Homeland Security increases warrantless searches of electronic devices, such as smart phones, at international borders for all persons entering and leaving the United States, what should companies be doing to protect confidential business information? Similarly, what steps should traveling attorneys be taking to safeguard privileged information?  What recourse is there, if any, if the government oversteps?

    • What’s happening to address concerns? Recent Supreme Court rulings (including Carpenter v. the United States and cases currently pending before the Court), various legislative proposals that have been introduced, and the impact of Trump administration on privacy and technology in this space will also be examined.

    In addition to Rosen, panelists include Uma M. Amuluru, senior counsel, Boeing; Stephanie S. Christensen, cyber and intellectual property crimes section chief, National Security Division, U.S. Attorney’s Office for the Central District of California; Rajesh De, partner, Mayer Brown and former general counsel at the National Security Agency; and Jonathan Gannon, assistant vice president and senior legal counsel, AT&T, and former Department of Justice National Security Division deputy unit chief.

    Statement of Hilarie Bass, ABA president Re: Retirement of Supreme Court Justice Anthony Kennedy

    July 31, 2018 7:00 AM by glynnj

    WASHINGTON, July 31, 2018 — The American Bar Association expresses its sincere appreciation to Supreme Court Justice Anthony Kennedy, who officially retired today, for his more than 30 years of service on the nation’s highest court.

    Kennedy’s extraordinary dedication to the law and the American Bar Association had an important impact on the nation and will be missed. As keynote speaker at the 2003 ABA Annual Meeting, Kennedy challenged the ABA to evaluate the American criminal justice system including mandatory minimum sentencing, disparate sentencing rates among racial and ethnic groups, prison conditions, and the objectives of incarceration. The ABA accepted the challenge and convened a commission named for Kennedy to undertake this study.

    Speaking to the 2013 ABA Annual Meeting, Kennedy encouraged the ABA to do more to promote civic education in America, saying it “be recommenced and revitalized because freedom is not something that’s on automatic pilot.” Kennedy received the ABA’s 2006 Rule of Law honoree award for his work with the ABA’s Asia Law Initiative Council and his advice to the ABA Center for Rule of Law Initiatives.

     Throughout his career, Kennedy has been a formidable presence in American jurisprudence. The ABA wishes him well in retirement and hopes he continues to use his voice to advance justice.

    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 ‘Legal Upheaval’ looks at innovative ways to achieve success in law

    July 30, 2018 4:12 PM by romeroi

    CHICAGO, July 30, 2018 — In today’s legal marketplace, clients are demanding services that require a new skill set and a new mindset from their lawyers.  In “Legal Upheaval: A Guide to Creativity, Collaboration, and Innovation in Law, a new ABA release, University of Miami School of Law professor Michele DeStefano details the trifecta for success in a changed legal landscape: creativity, collaboration, and innovation.

    Based in part on over 100 interviews of general counsels of large, international corporations, managing partners and heads of innovation at law firms around the world, DeStefano explores the changing legal marketplace, the new expectations of lawyers and the gaps that exist in skills, mindset and behaviors. She then discusses how law firm leaders can help lawyers meet these new expectations and fill in the gaps.

    With helpful case studies and explanations, as well as concrete directions and tips, “Legal Upheaval” makes collaboration and innovation accessible.

    DeStefano is guest faculty at Harvard Law School’s Executive Education and the founder of LawWithoutWalls, a multi-disciplinary, international think tank of more than 1,000 lawyers, business professionals, entrepreneurs and law and business students who collaborate to solve problems and create innovation at the intersection of law, business and technology. She is also the founder of MOVELDW, which offers workshops and bespoke experiential learning programs designed to retrain lawyers, develop new collaboration norms and change culture inside legal departments and law firms. 

    Title:                             Legal Upheaval: A Guide to Creativity, Collaboration, and Innovation in Law
    Publisher:
                        Ankerwycke, ABA Book Publishing
    Pages:                         296
    Product Code:             1620758
    ISBN:                            9781641051200
    Size:                              6 x 9, hardcover and eBook
    Price:                            $34.95
    Orders:                        800-285-2221 or shopaba.org

    What others are saying about Legal Upheaval:

    “This work is the most important contribution so far to our understanding of innovation in law. Blending extensive research with practicing lawyers, a deep appreciation of strategy and management and her own experience as a leading legal innovator, Michele DeStefano has written a book that should be read and acted upon by everyone interested in the future of legal service.”  — Professor Richard Susskind, author of “Tomorrow’s Lawyers”

    “An important book for an important time. Calling on extensive research and her own unparalleled experience, Michele DeStefano presents a compelling case that innovation in legal services is not only necessary but possible. Lawyers and law students at every stage of development would do well to embrace the prescient lessons in this book.”  — David Wilkins, Lester Kissel Professor of Law and faculty director of the Center on the Legal Profession, Harvard Law School

    “A thought-provoking account of the unthinkable truth: All lawyers should learn how to innovate, even if their business model isn’t broken. A necessary read for anyone who wants to differentiate in the legal marketplace.” — Horacio Gutierrez, general counsel and vice president of Business & Legal Affairs, Spotify

    Editor’s note
    : Author interviews and review copies of this book are available by emailing Dean Pappas at Dean.Pappas@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Dean Pappas, ABA Book Publishing, 321 N. Clark St., Chicago, IL 60654. For editorial inquiries please contact: Susan Peters, publicist for Michele DeStefano at susan@greybridgepr.com or 917-744-0792.

    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.ambar.org/news and on Twitter @ABANews.

     

    Annual 2018: Several professions unite to urge multidisciplinary approach to opioid epidemic

    July 30, 2018 12:33 PM by glynnj

    The Centers for Disease Control and Prevention has called the use of opioids the worst drug addiction epidemic in U.S. history. And it will take everything in the country’s arsenal to eradicate it.

    “There is no magic bullet,” warns Dr. Nirav Shah, director of the Illinois Department of Public Heath in Chicago. “With the opioid crisis, there were 20 different reasons or factors that led to this crisis as we know it today and because of that there are going to be 20 or 30 different things that we will need to do in order to get us out of this.”

    Shah, who was a practicing attorney before taking his current position, is one of three medical experts who will be participating in a panel discussion, “Opioids in America: A Multi-Disciplinary Discussion on Cause, Effect & Solutions,” during the American Bar Association Annual Meeting Aug. 2-7 in Chicago. The program will be held on Thursday, Aug. 2., from 9-10:30 a.m. at the Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey. The program is sponsored by ABA Criminal Justice Section. Joining Shah on the panel will be moderator Eileen Gallagher Loranger of the American Academy of Periodontology in Chicago and Dave Preble, senior vice president of the American Dental Association in Chicago.

    The program will bring together leaders of the medical, dental, medical examiner and legal professions and will serve as a catalyst in identifying a multi-disciplinary approach necessary to tackle the opioid epidemic.

    Potent and lethal synthetic drugs, easy access to prescription drugs and the rise of heroin among younger drug users all combined to create today’s deadly and far-reaching crisis. The statistics from 2016 (the most recent) are staggering:

    • 116 people died every day from opioid-related drug overdoes
    • 42,249 people died from overdosing on opioids; of that 19,413 deaths attributed to overdosing on synthetic opioid other than methadone
    • 11.5 million people misused prescription opioids
    • 2.1 million people had an opioid use disorder
    • 948,000 people used heroin
    • 15,469 deaths attributed to overdosing on heroin
    • $504 billion in economic costs.


    The epidemic has affected every state in the country, making the issue a top priority of the White House, Congress, the medical community and law enforcement. The justice system is being overwhelmed by prosecuting and defending drug crimes while also striving to identify better ways to manage and treat chronic drug abuse with the resources available to courts. And, doctors and dentists struggle with the appropriate way to manage acute and long-term pain issues, which traditionally have been treated with opioids such as painkillers oxycodone, hydrocodone, codeine, morphine and fentanyl.

    One reason for the rise in opioid abuse is the increased ease by which individuals can obtain prescription medications.The number of opioid prescriptions dispensed by doctors steadily increased from 112 million prescriptions in 1992 to 236 million in 2016.

    “The education, discussion and the debate fostered by the ADA is already making headway toward reducing opioid prescribing in the dental community,” Preble said. “Our goal is to help the health-care provider understand that if an opioid is needed to manage pain it can be a very small dosage for limited duration, and that it can be done in a combination with a non-opioid such as ibuprofen. Those two things put together make the amount of opioid being prescribed in the dental community be so small that it wouldn’t have an impact on the opioid crisis.”

    The government is also taking a multifaceted approach to solve the crisis.

    • In February, President Donald Trump signed a budget agreement authorizing $6 billion for opioid programs over the next two years, and the White House in June announced a new multimillion- dollar public awareness advertising campaign using real-life stories.

    • Attorney General Jeff Sessions announced in February a new opioid initiative, the Prescription Interdiction & Litigation Task Force to support local jurisdictions that have filed lawsuits against prescription drug-makers and distributors.

    • In April, the U.S. Surgeon General issued a rare advisory recommending that Americans carry the opioid overdose-reversing drug, naloxone.

    • Congress is crafting legislation that includes 40 bipartisan proposals intended to expand the ability of multiple government agencies to address the ongoing crisis. Provisions in the bill would encourage further research at the National Institutes of Health to develop nonaddictive painkillers, urge the Food and Drug Administration to recommend certain limits on the number of opioids prescribed to a patient and call on the Centers for Disease Control and Prevention to collect more data about overdoses, which officials can then use to more effectively combat the epidemic.


    As Illinois’ public health director, Shah said programs his state put into place are already making a difference.

    “The first thing we did last year was sign a standing order allowing people to buy naloxone at any pharmacy without a doctor’s prescription,” Shah said. “Secondly, in Illinois and almost every state now, physicians are required to check before dispensing a prescription for an opioid. It’s called the prescription monitoring program. When they find patients who they believe might be doctor-shopping to game the system, they are able to cut those patients off and really ultimately save their lives.”

    One of the ongoing debates about the opioid crisis is whether the abusers, pharmaceutical companies and even doctors should face criminal charges as a result of the abuse. Shah acknowledges that while there might be criminal activity involved, the bigger focus should be on treatment rather than incarceration.

    “Individuals with substance abuse disorder have a complex mental health issue and what I like to tell people is that we are not going to be able to arrest our way out of this crisis,” Shah said. “Arresting somebody and putting them in jail is one of the more counter-productive things we can do. Law enforcement is one of the biggest advocates of treating people with substance abuse as patients.”

    Shah said he hopes those attending the panel discussion will take away a better understanding about how the crisis came about — “There is no one “bogeyman in the causation of this crisis” — and a sense of hope.

    “Although this is a very difficult crisis that we are facing, there are positive signs on the horizon,” Shah said. “This problem, like many other problems our society has faced, can be solved.”    

    Deputy Attorney General Rod Rosenstein kicks off ABA Annual Meeting in Chicago

    July 30, 2018 9:51 AM by glynnj

    CHICAGO, July 30, 2018 — Deputy Attorney General Rod Rosenstein will be the keynote speaker on Thursday, Aug. 2, at the 2018 American Bar Association Annual Meeting in Chicago. Rosenstein will participate in a short question-and-answer session with ABA President Hilarie Bass immediately after his speech.

    Rosenstein was nominated by President Donald Trump in February 2017 to be the 37th deputy attorney general. In this position he named special counsel Robert Mueller to investigate Russia’s involvement in the 2016 elections and oversees Mueller’s investigation.

    What:  
    Address by U.S. Deputy Attorney General Rod Rosenstein

    Topic
    Rule of law/supremacy of the law

    When: 
    Thursday, Aug. 2, 4:30-5:15 p.m. CST

    Where:
    Hyatt Regency Chicago
    151 E. Upper Wacker Dr.
    East Tower, Ballroom Level, Grand Ballroom

    ABA credentials are required for admission to the Rosenstein program, and media is encouraged to register online in advance. Pre-registered media representatives may pick up their badges at main registration, located at the Grand Ballroom foyer of the Hyatt Regency Chicago East Tower. To receive credentials on site, reporters must produce their official press identification to ABA Media Relations and Strategic Communications Division staff at the ballroom. Credential guidelines can be found online here.

    Further details for photography and broadcast media:

    • The ballroom will be accessible before 2:30 p.m. on Thursday, and between 4-4:30 p.m. immediately before the program. There will be designated platforms for broadcast media at the rear of the room. A mult box and power will be provided.

    • The designated platforms will be about 80 feet from the dais and speaker’s lectern. It is recommended that crews and photographers have equipment that will facilitate long shots.

    • With more than 1,000 top-quality legal programs and events, and presentations by the foremost law experts and speakers, the ABA Annual Meeting is the nation’s premier gathering of legal professionals. Other high-profile speakers at the meeting include Chicago lawyer Tina Tchen, founder of the Time’s Up Legal Defense Fund (Aug. 2, 2:30 p.m.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).


    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.

     

     

    Innovative Miranda tools being tested by New Orleans police in effort to broaden access to justice

    July 27, 2018 3:19 PM by glynnj

    CHICAGO, July 30, 2018 — Two groundbreaking language tools developed by the American Bar Association and several partners are now helping the New Orleans Police Department convey Miranda rights in Spanish.

    The initiative, spearheaded by the ABA Center for Innovation, the ABA Commission on Hispanic Legal Rights and Responsibilities and the ABA Criminal Justice Section, is intended to provide better access to justice. The tools will be rolled out and demonstrated Saturday at a program at the ABA Annual Meeting in Chicago.

    What:
    The Miranda Warnings Project: You Have the Right to Innovate

    When:
    Saturday, Aug. 4, 2-4 p.m.

    Where:
    Hyatt Regency Chicago-Ballroom Level (East Tower) Columbus Hall I/J, Chicago

    In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona that police must inform criminal defendants that they have a right to an attorney and the right to remain silent during questioning. Since then, law enforcement authorities have struggled to produce consistently accurate and understood translations of the familiar Miranda warning for people who are arrested and do not speak English. Because of faulty translations or an inability to effectively deliver accurate ones, arrests and convictions have been thrown out of court. In response to this problem, the ABA and its partners have created innovative tools that provide a Miranda translation using Spanish phrasing that has been approved by certified translators with plain language pictographic images and audio.

    New Orleans police have been testing the tools on a limited basis, and expect to move into an expanded pilot soon. At Saturday’s program, New Orleans Police Commander Otha Sandifer will provide an update on the test and discuss plans moving forward.

    “It is impossible to ensure equal justice for all without accurate translations of the Miranda warning for every criminal defendant, no matter what language he or she speaks,” ABA President Hilarie Bass said. “This project – a collaboration among the ABA, the New Orleans Police Department and the IIT Institute of Design – is an important step toward guaranteeing due process for all.”

    The tools include a large laminated card with pictorial representations that incorporates a recording of the Miranda warning in Spanish, and a Spanish video. The pictorial tool operates like a greeting card with a voice message. The video, in Spanish, is shown on a screen in the police car to those who have limited English proficiency and speak Spanish. The tools are designed to be used in view of a body camera, which will allow the entire delivery of the Miranda rights in Spanish to be recorded.

    Working with the ABA Center for Innovation, a team from IIT Institute of Design in Chicago and Chicago-Kent College of Law developed the tools with assistance from the other ABA groups. Students from Tulane University School of Law in New Orleans also contributed to the research.

    Developers hope to expand the use of the Miranda language tools to other U.S. cities and to provide approved Miranda translations in additional languages.

    The project is an outgrowth of recent ABA policies and reports in 2016 and 2017 that outlined the need for accurate and readily available Miranda warnings in Spanish and other languages. An estimated 12.7 million adults in the United States have limited English-language proficiency.

    Additional speakers at Saturday’s program, which will be moderated by Melba Pearson of the ABA Center for Innovation and ACLU of Florida, will be Richard Pena, chair of the ABA Commission on Hispanic Legal Rights and Responsibilities; Matthew Redle, prosecuting attorney in Sheridan County, Wyo.; Jeremy Alexis, senior lecturer at IIT Institute of Design; and Moire Corcoran, a master of design student at IIT Institute of Design and the design team leader on the project.

    Media are welcome to cover this and other programs at the 2018 ABA Annual Meeting, which runs Aug. 2-7 at the Hyatt Regency Chicago and other downtown Chicago locations. Reporters may request credentials by clicking 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’s IP Law section releases comments to USPTO to clarify patent subject matter eligibility

    July 25, 2018 11:34 AM by glynnj

    WASHINGTON, July 25, 2018 — The American Bar Association Section of Intellectual Property Law (ABA-IPL) sent a letter to Director Andrei Iancu of the U.S. Patent and Trademark Office identifying a set of principles to guide any future legislative work undertaken to clarify patent subject matter eligibility, under Section 101 of the Patent Act.

    The views expressed in the letter, which was sent on July 23 and can be viewed here, have not been approved by the House of Delegates or the Board of Governors of the American Bar Association and should not be construed as representing the policy of the ABA.

    In communicating these principles, ABA-IPL noted its agreement with the American Intellectual Property Law Association and the Intellectual Property Owners Association. The three organizations believe that recent Supreme Court jurisprudence with respect to patents has impacted the certainty and reliability of the U.S. patent system and that it is time for Congress to consider a legislative solution.

    ABA-IPL Chair Scott F. Partridge noted that in many public appearances Director Iancu has expressed concern about the effects of recent case law on patents. Partridge said the three organizations have worked to develop a common set of principles that should be reflected in any legislative proposal.

    The letter emphasized, “patent eligibility determinations are to be made without ignoring claim limitations (either by treating them as known or conventional) or focusing solely on an inventive concept, and that eligibility shall not be negated based on considerations of patentability defined elsewhere in the Patent Act, such as anticipation and/or obviousness.”

    Partridge concluded, “Development of these common principles is an important step toward a solution to the state of current §101 jurisprudence.”

    The 18,000-member ABA  Section of Intellectual Property Law provides the highest quality information, analysis and practice tools to intellectual property lawyers, and serves as the thoughtful source of information and commentary for policymakers as they consider legislation affecting the law and regulations in intellectual property matters. ABA-IPL is respected and known as the premier resource for knowledge in this increasingly important and complex area of 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.

     

     

    New ABA book offers tips to build and refine an effective law practice

    July 24, 2018 2:31 PM by glynnj

    CHICAGO, July 24, 2018 — The new ABA book “Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day” is packed with small steps that lawyers can take to improve their careers and build effective and successful law practices. A few minutes a day with this easy-to-read guide will help seasoned as well as young lawyers improve their careers.

    The book eschews flash-in-the-pan gimmicks in favor of stories and vignettes that illustrate proven practices in case management, client development and the daily tasks of being a better lawyer. All lawyers are best served when they are stronger at their craft. “Building a Better Law Practice” helps lawyers effectively manage and communicate with clients, handle cases more efficiently and become confident in their practice by providing practical and readily implementable systems and suggestions.

    Author Jeremy W. Richter is an attorney with Webster, Henry, Lyons, Bradwell, Cohan & Speagle, P.C., in Birmingham, Ala. He practices civil defense litigation and focuses on commercial auto/trucking litigation, premises liability, general business liability and various other aspects of insurance defense litigation. Richter blogs about interests ranging from civil litigation, transportation and workers’ compensation to legal history and goal setting.

    Title:                             Building a Better Law Practice: Become a Better Lawyer in Five Minutes a Day
    Publisher:                    ABA Book Publishing
    Pages:                         170
    Product Code:             1620762
    ISBN:                            9781641051781
    Size:                              6 x 9, paperback and eBook
    Price:                            $39.95
    Orders:                        800-285-2221 or http://shopaba.org

    What others are saying about “Building a Better Law Practice”:

    “Full of ideas for becoming a better lawyer.”  Aaron Street, CEO, Lawyerist.com

    “Building a Better Law Practice is written by a lawyer just like you. Mild-mannered, quietly knowledgeable and generous, Jeremy Richter wrote an unassuming book that will save you years of grief without interrupting your day. Buy it. Take the five minutes a day to read it. You’ll thank me later.” — Ilonka Aylward, Aylward Family Law, North Carolina

    “Small steps can lead to big change. For lawyers who want to improve their career, Jeremy’s book is full of these small steps. A few minutes a day with this book will help put you on the right path to growing your career.” — Keith Lee, founder of LawyerSmack and Associate’s Mind

    Editor’s note: Author interviews and review copies of this book are available by emailing Dean Pappas at Dean.Pappas@americanbar.org. If you publish a review of this book, please send tear sheets or a copy for our files to Dean Pappas, 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 House to consider major changes for legal education, new model rules for lawyer advertising

    July 23, 2018 2:14 PM by glynnj

    CHICAGO, July 24, 2018 --The American Bar Association House of Delegates, which determines association-wide policy, will review proposals at the upcoming ABA Annual Meeting to update model rules governing lawyer-client communications and to change rules and procedures affecting how the ABA accredits the nation’s 204 law schools.

    The House — made up of 601 delegates from state, local and other bar associations and legal groups from across the country — will meet at the Hyatt Regency Chicago on Aug. 6-7 at the close of the
    Annual Meeting, which begins Aug. 2. Altogether, about 50 proposals are on the House’s agenda.

    The lawyer communications proposal culminates several years of work by the ABA Standing Committee on Ethics and Professional Responsibility and affiliated groups, which have shepherded the process for review of model rules related to advertising and lawyer communications with clients.

    The standing committee is asking the House to approve amendments to the following ABA Model Rules: 7.1: Communications Concerning a Lawyer’s Services, 7.2: Advertising, 7.3: Solicitation of Clients, 7.4: Communication of Fields of Practice and Specialization, and 7.5: Firm Names and Letterheads.  Proponents contend the current web of complex, contradictory and detailed advertising rules impedes lawyers’ efforts to expand their practices and thwart clients’ interests in securing the services they need.

    The key changes focus on model rule provisions related to false and misleading “communications” and solicitations by lawyers. The changes in the ABA Model Rules, which serve as recommended guidelines to state regulators, would streamline and simplify the rules and still adhere to constitutional limitations on restricting commercial speech; protect the public; and permit lawyers to use technologies to inform consumers accurately and efficiently about the availability of legal services. For instance, “office address” would be changed to “contact information” (to accommodate technological advances), and the changes add new language to the general provision against paying for recommendations to permit nominal “thank-you” gifts.

    The proposed revisions to the ABA Standards and Rules of Procedure for Approval of Law Schools also follows a lengthy review and comment process and would modify not only rules and standards, but the way the Council of the ABA Section of Legal Education and Admissions to the Bar – the association’s independent arm which serves as the national accreditor of law schools -- operates. Altogether, there are five legal education resolutions (111A-111E) before the House.

    For law schools, the most significant proposed change affects the standard requiring a “valid and reliable test” for prospective law students. While a test, such as the LSAT, would no longer be required, language would establish that a school whose admissions policy and practices are called into question is presumptively out of compliance with the standards if it does not require a valid and reliable admissions test as part of its admission policy. In recent years, close to two dozen schools have announced they will accept the GRE in addition to the LSAT.

    The Council, which is recognized by the U.S. Department of Education as the sole national accrediting agency for law school education, is also seeking to eliminate both its Accreditation and Standards Review committees and fold their work into the Council itself to accelerate its review of schools. Under ABA rules, the House can either concur with the recommended changes or send them back to the Council with or without a recommendation. The Council must then resend any changes back to the House for re-consideration, but the final decision rests with the Council.  

    The House is also being asked to approve a major change in how the ABA collects dues from its members. Under the proposed new membership model, the current 157 price points would be streamlined into five, ranging from $75 to $425 depending on years of bar admittance. Under the plan, the change would take place in the association’s 2020 fiscal year, which begins Sept. 1, 2019.

    Other proposals before the House include:

    ·        Resolution 103, which adopts the ABA Model Impairment Policy for Legal Employers, dated August 2018, to provide a mechanism within law firms to identify impairment and craft proper intervention, and to prevent professional standards and the quality of work for clients from being compromised by any legal employer personnel’s impairment. The resolution also urges legal employers to adopt the new model policy.

    ·        Resolution 106A, which reaffirms the ABA’s commitment to advance the rule of law and condemns the harassment, arbitrary arrest and detention, arbitrary disbarment, denial of due process, other ill-treatment and killings of judges, lawyers, other members of the legal profession and their extended families throughout the world for serving in their designated capacities.

    ·        Resolution 114, which adopts the black letter and commentary to the ABA Ten Guidelines on Court Fines and Fees, dated August 2018, and urges governmental agencies to promulgate law and policy consistent with the guidelines, which are intended to minimize excessive penalties if an individual cannot afford to pay them.

    ·        Resolution 118, which urges the federal government to recognize that service by persons who otherwise meet the standards for accession or retention, as applicable, in the U.S. Armed Forces should not be restricted, and transgender persons should not be discriminated against, based solely on gender identity.

    ·        Resolution 10A, which asks states to adopt General Provisions for Regulation of Online Providers of Legal Documents to establish reasonable standards of product reliability and efficacy for online legal providers.

    ·        Resolution 100B, which urges Louisiana and Oregon to require unanimous juries to determine guilt in felony criminal cases and reject the use of non-unanimous juries where currently allowed in felony cases.

    All proposed and filed resolutions and reports can be found here. Only proposals adopted by the House constitute association policy.

    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 honor Accenture with Champions for Disability Inclusion in the Legal Profession Award

    July 23, 2018 2:07 PM by glynnj

    WASHINGTON, July 24, 2018 — The American Bar Association will honor Accenture, a leading global professional services company that provide services that span strategy, consulting, digital, technology and operations services, with its Champions for Disability Inclusion in the Legal Profession Award.

    The ABA Commission on Disability Rights  selected Accenture for its commitment to and leadership in creating and sustaining an inclusive, barrier-free work environment where persons with disabilities across the globe experience a real sense of belonging, can be who they are, and perform at their full potential.

    The award will be presented at the Commission’s Reception for Lawyers with Disabilities during the 2018 ABA Annual Meeting in Chicago. The reception will take place Monday, Aug. 6, from 5:30-7:30 p.m. at the Hyatt Regency Chicago, Columbus Hall GH, East Tower, Ballroom Level.

    The Champions award recognizes a corporation that has made measurable progress in the recruitment, hiring, retention and advancement to leadership positions of individuals with disabilities. Accenture has signed and actively recruited several of its law firm partners to sign the Commission’s Disability Diversity in the Legal Profession: A Pledge for Change, which signifies an organization’s commitment to disability diversity.

    Accenture is committed to providing reasonable accommodations to employees with disabilities through technology, specifically assistive technologies, and workplace-related modifications.  

    In 2017, Accenture launched an Accessibility Center of Excellence (CoE) to proactively address the needs of its employees and its goal of continually improving each employee’s online user experience. Each year throughout the month of December, Accenture celebrates International Day of Persons with Disabilities in more than 22 countries around the world, hosting global virtual events that are open to all employees and external guests. Accenture’s Persons with Disabilities Champions Network, with its 14,000 plus members, sponsors local networking, collaboration, mentoring and awareness-building activities for persons with disabilities, as well as caretakers and colleagues.

    Building strong partnerships with other organizations allows Accenture to expand persons with disabilities sourcing. Its Skills to Succeed corporate citizenship initiative advances employment and entrepreneurship opportunities for individuals around the globe by using technology to drive impact at scale.

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

    The ABA Commission on Disability Rights  works, to promote the ABA's commitment to justice and the rule of law for persons with mental, physical, and sensory disabilities and to promote their full and equal participation in the legal profession. The Commission has 12 members and five committees that focus on projects and activities addressing disability-related public policy, disability law, and the professional needs of lawyers and law students with disabilities. For more information about CDR visit the website, www.americanbar.org/groups/disabilityrights.html.

    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 @ABANe American Bar Association
    Media Relations and Strategic Communications Division

    www.americanbar.org/news

     

    ABA to honor Susan J. Horwitz with Paul G. Hearne Award for Disability Rights

    July 18, 2018 3:29 PM by glynnj

    WASHINGTON, July 19, 2018 — The American Bar Association will honor Susan J. Horwitz, supervising attorney for the Education Law Project at The Legal Aid Society in New York City, with its Paul G. Hearne Award for Disability Rights during the ABA Annual Meeting in Chicago. The ABA Commission on Disability Rights selected Horwitz for her leadership and advocacy on behalf of children and adults with disabilities.

    Created in 1999, the award honors the work of Paul G. Hearne, a lawyer with congenital connective tissue disorder who was a leader in the disability rights movement. The award, co-sponsored by Starbucks Coffee Co., will be presented at the Commission’s Lawyers with Disabilities Reception on Monday, Aug. 6, from 5-7 p.m. at the Hyatt Regency Chicago, Columbus Hall GH, East Tower, Ballroom Level.

    “I can think of no one who deserves this award more than Susan,” said Robert T. Gonzales, chair of the commission. “Her innovative and tireless advocacy, leadership, and commitment exemplify the values espoused by Paul Hearne. She has pioneered the integration of education advocacy into disability rights work and is a role model for every lawyer and advocate in the field.”

    Horwitz joined The Legal Aid Society nearly 30 years ago, and has devoted her career to representing individuals with disabilities. For almost two decades, she represented children and adults in their efforts to procure or maintain Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. Recognizing a significant need for education advocacy among the families she served through Legal Aid’s disability rights practice, she strategized, fundraised, recruited talent, built coalitions, and succeeded in filling that gap. She created the Education Law Project, envisioning collaboration between attorneys and social workers in order to provide a holistic model that focuses on remediating the destructive effects of poverty, trauma, and unmet educational needs.

    Among her many accomplishments, Horwitz spearheaded a medical-legal partnership with a leading mental health clinic to provide education advocacy to students with significant emotional disabilities. She also created a Pro Bono program with the American International Group, Inc. (AIG), where attorneys from AIG take on special education cases under her supervision. As a leading member of the New York City Education Law Task Force, Horwitz advocates for improvements and more effective programs within the Department of Education for students with disabilities and special education needs.

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

    The ABA Commission on Disability Rights  works, to promote the ABA's commitment to justice and the rule of law for persons with mental, physical, and sensory disabilities and to promote their full and equal participation in the legal profession. The Commission has 12 members and five committees that focus on projects and activities addressing disability-related public policy, disability law, and the professional needs of lawyers and law students with disabilities. For more information about CDR visit the website, www.americanbar.org/groups/disabilityrights.html.

    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 Annual Meeting to host program, ‘America’s Criminal Justice: Essential to Rule of Law’

    July 18, 2018 11:56 AM by glynnj

    CHICAGO, July 18, 2018 — Chuck Rosenberg, former acting director of the Drug Enforcement Administration and former chief of staff to ex-FBI director James B. Comey, will be the keynote speaker for the program, “America’s Criminal Justice System: Essential for the Rule of Law,” to be held Aug. 4 during the American Bar Association’s 2018 Annual Meeting in Chicago.

    The 2017-2018 World Justice Project Rule of Law Index ranked the United States 19th out of 113 countries surveyed, slipping a point from its ranking the year before, as its score for “Constraints on Government Powers” edged downward and low marks for the U.S. criminal justice system persisted. The program will explore these trends with a particular focus on implications for the criminal justice system.

    What:  
    America’s Criminal Justice System: Essential for the Rule of Law
    Sponsored by the ABA Criminal Justice Section, ABA Division for Public Education and the World Justice Project

    When
    Saturday, Aug. 4, 2018 from 2-4 p.m.

    Where:
    2018 ABA Annual Meeting
    Hyatt Regency Chicago,
    Plaza Ballroom, Lobby Level
    151 E. Upper Wacker Drive
    Chicago, IL 60601

    In addition to Rosenberg, speakers include Stephen Saltzburg, professor, George Washington Law School; Alejandro Ponce, chief research officer, World Justice Project; Jeremy Travis, executive vice president of Criminal Justice, Laura and John Arnold Foundation; Jo-Ann Wallace, president and CEO, National Legal Aid and Defender Association; and Angel Ysaguirre, executive director, Illinois Humanities.

    The program will feature an interactive presentation of the WJP Rule of Law Index. Panelists will be prompted by data from the Rule of Law Index to discuss crucial issues at the intersection of rule of law and criminal justice in America, including trust, fairness, corrections, due process, and police accountability.

    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.

    Chicago lawyer Tina M. Tchen to receive ABA Margaret Brent Award

    July 17, 2018 2:06 PM by glynnj

    CHICAGO, July 17, 2018 – Tina M. Tchen, a partner at Buckley Sandler in Chicago, is a recipient of the American Bar Association’s 2018 Margaret Brent Women Lawyers of Achievement Award.

    Tchen will receive the award, given annually by the ABA Commission on Women in the Profession, on Sunday, Aug. 5, at the Hyatt Regency Chicago during the ABA Annual Meeting. In addition to Tchen, the 2018 award recipients include Eileen Letts, Judge Consuelo B. Marshall, Cynthia E. Nance and Patricia Gillette.

    “We are honored to recognize this spectacular group of women,” said Stephanie Scharf, chair of the ABA Commission on Women in the Profession. “We applaud their achievements, knowing that their efforts will inspire a new generation of women lawyers.” Previous honorees include U.S. Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg.

    Born in Columbus, Ohio, Tchen earned her bachelor’s degree at Harvard University in 1978 and her J.D.  at Northwestern University Pritzker School of Law in 1984.

    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 former 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.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to https://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. To review our privacy statement click here. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    California lawyer Patricia Gillette to receive ABA Margaret Brent Award

    July 17, 2018 2:06 PM by glynnj

    CHICAGO, July 17, 2018 – Tina M. Tchen, a partner at Buckley Sandler in Chicago, is a recipient of the American Bar Association’s 2018 Margaret Brent Women Lawyers of Achievement Award.

    Tchen will receive the award, given annually by the ABA Commission on Women in the Profession, on Sunday, Aug. 5, at the Hyatt Regency Chicago during the ABA Annual Meeting. In addition to Tchen, the 2018 award recipients include Eileen Letts, Judge Consuelo B. Marshall, Cynthia E. Nance and Patricia Gillette.

    “We are honored to recognize this spectacular group of women,” said Stephanie Scharf, chair of the ABA Commission on Women in the Profession. “We applaud their achievements, knowing that their efforts will inspire a new generation of women lawyers.” Previous honorees include U.S. Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg.

    Born in Columbus, Ohio, Tchen earned her bachelor’s degree at Harvard University in 1978 and her J.D.  at Northwestern University Pritzker School of Law in 1984.

    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 former 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.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to https://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. To review our privacy statement click here. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Judge Consuelo B. Marshall of Los Angeles to receive ABA Margaret Brent Award

    July 17, 2018 2:06 PM by glynnj

    CHICAGO, July 17, 2018 – Judge Consuelo B. Marshall of the Los Angeles Superior Court is a recipient of the American Bar Association’s 2018 Margaret Brent Women Lawyers of Achievement Award.

    Marshall will receive the award, given annually by the ABA Commission on Women in the Profession, on Sunday, Aug. 5, at the Hyatt Regency Chicago during the ABA Annual Meeting. In addition to Marshall, the 2018 award recipients include Eileen Letts, Cynthia E. Nance, Tina M. Tchen and Patricia Gillette.

    “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,” said Stephanie Scharf, chair of the ABA Commission on Women. Previous honorees include U.S. Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg.

    Beginning her career as a deputy city attorney in Los Angeles, Marshall was the first woman ever hired as a lawyer by the Los Angeles City Attorney’s office. After working at the private firm of Cochran & Atkins in Los Angeles, she left private practice for the bench, serving as a Los Angeles Superior Court commissioner, Inglewood Municipal Court judge and Los Angeles Superior Court judge. Marshall was appointed to the United States District Court for the Central District of California in 1980 by President Jimmy Carter.

    Marshall has been very active in the legal community, serving 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.

    Marshall earned her bachelor’s degree at Howard University and her J.D. from Howard

    University Law School.

    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.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to 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. To review our privacy statement click here. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Chicago lawyer Eileen Letts to receive ABA Margaret Brent Award

    July 17, 2018 2:06 PM by glynnj

    CHICAGO, July 17, 2018 – Eileen Letts, a partner and civil trial lawyer at Zuber Lawler & Del Duca LLP in Chicago, is a recipient of the American Bar Association’s 2018 Margaret Brent Women Lawyers of Achievement Award.

    Letts will receive the award, given annually by the ABA Commission on Women in the Profession, on Sunday, Aug. 5, at the Hyatt Regency Chicago during the ABA Annual Meeting. In addition to Letts, the 2018 award recipients include Judge Consuelo B. Marshall, Cynthia E. Nance, Tina M. Tchen and Patricia Gillette.

    “We are honored to recognize this spectacular group of women,” said Stephanie Scharf, chair of the ABA Commission. “We applaud their achievements, knowing that their efforts will inspire a new generation of women lawyers.” Previous honorees include U.S. Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg.

    After earning her bachelor’s degree at The Ohio State University and juris doctorate from Chicago-Kent College of Law, Letts served as assistant corporate counsel for the city of Chicago and as a staff attorney on the Chicago Housing Authority. She has been a partner in several law firms, including 26 years at the firm she co-founded, Greene and Letts. She serves on the ABA Advisory Council for the presidential initiative, Achieving Long-Term Careers for Women in Law, and co-chairs the ABA Diversity and Inclusion Committee.

    In 2015, Letts was asked to co-chair then-ABA president Paulette Brown’s Diversity & Inclusion 360 Commission and was asked to examine the state of the profession as it pertained to diversity and inclusion and create a plan to solve the issues they discovered. Letts led the Commission to develop training videos on implicit bias, pass policies on diversity and create the National Pipeline Diversity Initiatives Directory, a platform built to help students achieve their dreams of a career in law.

    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.

    ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to legal questions and issues. Go to https://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, promote programs that assist lawyers and judges in their work, accredit law schools, provide continuing legal education, and build public understanding around the world of the importance of the rule of law. To review our privacy statement click here. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Dean emeritus Cynthia E. Nance to receive ABA Margaret Brent Award

    July 17, 2018 2:06 PM by glynnj

    CHICAGO, July 17, 2018 – Cynthia E. Nance, dean emeritus and director of pro bono and community engagement at the University of Arkansas School of Law, is a recipient of the American Bar Association’s 2018 Margaret Brent Women Lawyers of Achievement Award.

    Nance will receive the award, given annually by the ABA Commission on Women in the Profession, on Sunday, Aug. 5, at the Hyatt Regency Chicago during the ABA Annual Meeting. In addition to Nance, the 2018 award recipients include Eileen Letts, Judge Consuelo B. Marshall, Tina M. Tchen and Patricia Gillette.

    “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,” said Stephanie Scharf, chair of the ABA Commission on Women. Previous honorees include U.S. Supreme Court Justices Sandra Day O’Connor and Ruth Bader Ginsburg.

    Nance 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 member of that group.

    Nance is a fellow of the College of Labor and Employment Lawyers, and was elected in November 2016 to its board of governors. She is also an elected member of the American Law Institute and The Labor Law Group, and serves on the Arkansas Advisory Committee to the United States Civil Rights Commission. Her professional work has been published on numerous occasions by the Iowa Law Review, Berkeley Journal of Employment and Labor Law and many other renowned publications.

    Nance earned a bachelor’s degree from Chicago State University, a master’s degree from University of Iowa College of Business and her juris doctor from the University of Iowa College of Law.

    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.

    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. To review our privacy statement click here. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    Statement of ABA President Hilarie Bass Re: International Criminal Justice Day

    July 17, 2018 9:27 AM by glynnj

    WASHINGTON, July 17, 2018 — On International Criminal Justice Day, the American Bar Association (ABA) recognizes the vitally important efforts of the international community to combat the atrocities of genocide, crimes against humanity, and war crimes. An effective international criminal justice system, led by the International Criminal Court (ICC) and national courts throughout the world, is essential to ending impunity for individuals who engage in atrocities, bringing justice to victims and their families, and achieving lasting international peace and security.

    This year marks the 20th anniversary of the adoption of the Rome Statute establishing the ICC. It provides an opportunity to reflect on the progress that has been achieved and to acknowledge the important work yet to be accomplished.

    The ABA supported the establishment of a permanent international criminal justice tribunal beginning in 1978 and played an active role in the ICC’s founding in 1998.  We did so recognizing that accountability in international criminal law is indispensable to justice.  Indeed, preventing the worst of these crimes – genocide, war crimes, crimes against humanity – is at the heart of the international order erected after the mass atrocities of World War II.  Their continuation today is an affront to human dignity and a failure of human institutions.

    Yet the ICC persists in its critical mission, and its hard-won successes to date give hope that justice will be served and future atrocities will be prevented.    

     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 President Hilarie Bass asks Congress to halt change in hiring of administrative law judges

    July 16, 2018 1:18 PM by glynnj

    WASHINGTON, July 16, 2018 — Hilarie Bass, president of the American Bar Association, sent a letter to the House Committee on Rules Monday, saying a recent executive order that changes how administrative law judges are hired could “politicize the appointment process and interfere with the decisional independence of ALJs.”

    “A fair and impartial administrative judiciary is indispensable to our system of justice,” Bass wrote. “Vast numbers of Americans are involved in administrative adjudicative proceedings every day, and the decisions rendered by ALJs in these proceedings often affect their lives in profound ways… Nothing less than the integrity of the administrative judiciary is at issue here.”

    President Trump’s July 10 order eliminates the nationwide, uniform, competitive selection exam process for federal administrative law judges, and weakens existing qualification standards. Bass said that no changes should be made until “there has been an opportunity for Congress and the public to engage in an open and deliberative process.” She asked Congress to support an amendment from Rep. Bobby Scott of Virginia that would prohibit the use of federal funds to implement the order.

    Read the full letter 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 urges U.S. Supreme Court to protect distribution doctrine for legal services organizations

    July 16, 2018 11:31 AM by glynnj

    CHICAGO, July 16, 2018 — The American Bar Association on Monday filed an amicus brief in the
    U.S. Supreme Court, seeking to preserve cy pres awards in class-action suits because they are an important source of funding for legal services organizations that help provide access to justice.

    In its upcoming term, the court will consider whether a class-action settlement in a suit against Google met requirements of federal law. At issue was whether the settlement met the requirement of Rule 23(e)(2) of the Federal Rules of Civil Procedure requiring proposed class action settlements to be “fair, reasonable and adequate.” In this case involving privacy claims, the cy pres award was directed to groups pledging to use the money to protect internet privacy, according to the cert petition filed by objectors to the settlement, which raised several other issues.

    The ABA brief does not take a side in the case but urges the justices to preserve the cy pres doctrine, which it traces to 1974. These awards are particularly appropriate in class actions aggregating small amounts that have been found by a court to be undistributable, the brief said, and now provide an average of $15.5 million annually to legal services organizations.

    “If this court reaches beyond the limited scope of the question presented and imposes constitutional restrictions on cy pres awards, it will imperil these state laws and potentially deprive legal services organizations of critical funding and low-income residents of legal representation,” the ABA brief said.

    The ABA, the brief continued, “requests this court affirm the availability of cy pres awards in class-action settlements and recognize that legal services organizations are always appropriate recipients of residual funds” that cannot otherwise be distributed to class members.

    The ABA’s amicus brief in Theodore H. Frank and Melissa Ann Holyoak v Paloma Gaos, on Behalf of Herself and All Others Similarly Situated, et al., 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 on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    New ABA book discusses how law firms can deliver high-value service to clients

    July 16, 2018 8:56 AM by glynnj

    CHICAGO, July 16, 2018 — Satisfying client demands and meeting client expectations is essential for a law firm to succeed in today’s ever-changing legal climate, where corporate clients are demanding higher-value legal service because they have seen their legal fees continue to escalate without a demonstration of increased, proportionate business value.

    The American Bar Association’s recently published book,The Value-Able Law Firm: Delivering Client-Focused, Higher-Value Legal Service for Clients and Law Firms,” provides lawyers a new approach to analyzing and discussing, both internally and with clients, the issues related to defining, measuring and implementing higher-value legal service. The chapters are based on the concept of value-related qualities (VRQs) that law firms can use to re-orient their service so that the client’s interest and goals serve as the lodestars of the firm’s service and effort. 

    “The Value-Able Law Firm” begins with the basics, recognizing that value represents the relationship between the “cost” of something and the “benefit” that one realizes because of it. To help lawyers satisfy their clients’ demands and meet expectations, this essential resource delivers an approach that is simple, practical and consistent, addressing:

    • The definition, deliverance and measurement of value
    • Incorporation value-related qualities (VRQs)
    • The client’s view on value delivery
    • How a law firm provides value and becomes a client-centric firm
    • The establishment of a productive, value-able relationship for both client and firm


    Co-authors Steven Lauer and Kenneth L. Vermilion share the benefits of incorporating VRQs into a law firm’s service delivery that will include improved client relationships, enhanced client satisfaction, and more efficient and effective representation. The book discusses how lawyers can set up their firm to succeed in the increasingly competitive environment for corporate representation.

    About the authors: Lauer, principal of Lauer & Associates in Matthews, N.C., has more than 15 years as an in-house attorney and 10 years as a consultant to assist corporate law departments to realize greater value from their companies' relationships with external service providers. Lauer, who received his J.D. from Georgetown University Law Center, authored several books including “Conditional, Contingent and other Alternative Fee Arrangements”, Managing Your Relationship with External Counsel”, “The Value-Able Law Department” and Value-Related Fee Arrangements.”

    Vermilion is the founder of The Vermilion Group Strategic Legal Management LLC in Hudson, Ohio.  He specializes in providing corporate legal departments strategic planning and operational guidance.  During his 16 years of in-house legal department management, Vermilion led transformational initiatives that significantly improved legal department operations including: establishing financial management processes, developing effective, uncomplicated management performance metrics, procuring and implementing core information management solutions, reducing electronic discovery costs, and co-developing a strategic in-house lawyer compensation plan and career path. He earned his B.S. degree from Northern Illinois University.

    Title:                The Value-Able Law Firm: Delivering Client-Focused, Higher-Value Legal Service for Clients and Law Firms
    Publisher:        Business Law Section
    Pages:              168
    Product Code: 
    5070760
    ISBN:                978-1-64105-174-3
    Size:                 7x10
    Binding:           Paperback
    Price:               $79.95
    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 Business Law Section, 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.

    Cyberattacks, #MeToo implications, immigration among highlights at Annual meeting in Chicago

    July 16, 2018 8:30 AM by glynnj

    Protecting our courts and electoral process from cyberattacks, the repercussions of the #MeToo movement and the implications of President Trump’s immigration policies are chief among the issues that will be explored at the 2018 American Bar Association Annual Meeting Aug. 2-7 in Chicago.


    High-profile speakers at the 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.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here.


    Newsworthy programs include:

    Thursday, Aug. 2

    CLE in the City: Our Path to Lawyer Well-Being: Initiatives to Promote Healthy Practices and Lives” A panel will discuss the new recommendations of the National Task Force on Lawyer Well-Being, which was created in 2016 to address the unusually high incidence of substance use and mental health disorders among those in the law.
    10:30 a.m.-noon, American Bar Association, 321 N Clark Street, Board Rooms

    CLE in the City: Brave New World – Current Developments in Online, Social and Global Gaming” A panel will address the increasingly complex world of regulation as new forms of gaming – e-game tournaments, ‘freemium” pay-to-play games, online social games, fantasy sports and games that utilize virtual currencies, among them – grow in popularity. Panelists will review U.S. regulation as well as international trends and developments, including the progress in Asian markets to legalize such gaming and how Brexit might affect gaming regulatory matters. 1:15-2:45 p.m., Greenberg Traurig LLP, 77 W. Wacker Drive, Suite 3100

    CLE in the City: Model Rule 8.4 – Update, Discussion and Best Practices in a #MeToo World” As national awareness on workplace sexual harassment grows, a panel will examine the implications of the strengthening in 2016 of Model Rule of Professional Conduct 8.4 on attorney misconduct. Speakers will update on state-by-state adoption of the rule, enforcement, conflicts with implementation and its application to harassing attorneys.
    1:15-2:45 p.m., American Bar Association, 321 N. Clark St., 21st Floor, Board Rooms

    #MeToo, Time’s Up – Sexual Harassment in the Workplace A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund, and ABA President Hilarie Bass – will examine the implications of the “Me Too” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.
    2:30 -4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    14th Amendment at 150 With the 14th Amendment turning 150, two of its preeminent historians, Eric Fomer and Michael Vorenberg, along with Baltimore City Solicitor Andre Davis, will discuss the amendment’s origin and its continuing relevance, as both equal-protection and due-process concerns loom large in the United States.
    3:30-5 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall GH

    Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information The underfunded computer networks of state and federal courts are under daily cyber-attack. A panel will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data? Who is liable? And, can we mitigate risk in an affordable way?
    3:30-5 p.m., Swissotel Chicago, Ballroom Level, Lucerne Ballroom 1

    The Deputy Attorney General of the United States Rod Rosenstein Subject of address not yet released by the Department of Justice.
    4:30-5 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Investigations and Prosecutions Galore: The New Normal in Today’s Communities Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.
    5:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    Friday, Aug. 3

    “Opioids in America: A Multi-Disciplinary Discussion on Cause, Effect & Solutions” The abuse of opioids in America has reached epidemic proportions in the past few years. Leaders of the medical, dental and legal professions will explain the multi-disciplinary approach necessary to tackle the opioid epidemic in our country.
    9-10:30 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Can’t Touch This – or Can They? Government Searches, Privacy and Security in a Digital Age As the Department of Homeland Security increases warrantless searches of electronic devices at international borders, what should companies be doing to protect their confidential information? Paul Rosen, former Department of Homeland Security chief of staff; Jon Gannon, former DOJ National Security Division deputy unit chief; Stephanie Christensen, chief, Cyber and Intellectual Property Crimes Section, National Security Division, United States Attorney’s Office for the Central District of California; Uma Amuluru, former White House lawyer; and Raj De, former general counsel, National Security Agency, will highlight the legal, privacy and constitutional concerns associated with the collection and movement of massive amounts of data now generated by smart-phone usage, the internet of things and other technological developments.
    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall K/L

    The Right (or Not) to Take a Knee: Social Activism and Freedom of Speech in Sports Representatives of the National Football League and National Labor Relations Board will be among panelists who will examine the organized protests of professional and collegiate athletes. From taking a knee during the playing of the national anthem, to wearing apparel in support of Black Lives Matter, to going on strike from competition, speakers will discuss the conflict between players’ rights and the restrictions upon their freedom of speech and their organizations’ rights to manage sporting conduct and events.
    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall I/J

    State Attorneys General and Federalism in the Obama/Trump Eras Using examples of major cases brought by state attorneys general – including those involving President Trump’s travel “ban,” the Deferred Action for Childhood Arrivals policy, U.S. Census and the Affordable Care Act – legal experts will debate these cases in the context of federalism versus states’ rights. 10-11:30 a.m., American Bar Association, 321 N. Clark St., 21st Floor, Board Rooms South/Center

    If the Shoe Fits: What Footwear Cases Teach Us about IP Protection & Enforcement A panel will explore recent cases involving the protection and enforcement of intellectual property rights in footwear, reviewing aspects of protectable trade dress, limitations on the scope of trademark and design rights and considerations in enforcement.
    10:15-11:15 a.m., Chicago Marriott Downtown, 5th Floor, Chicago Ballroom F/G

    “Protecting Intellectual Property in the Legal Cannabis Industry As more states recognize legal cannabis for medicinal and recreational use, businesses in the marijuana industry need guidance to protect their ideas and their brands. A panel composed of in-house counsel, business owners and outside lawyers who have firsthand experience with this problem will lay the groundwork for understanding the ins and outs of intellectual property protection where, on the one hand, state laws legalize cannabis sale and use and, on the other hand, federal laws still categorize cannabis as a Schedule 1 controlled substance.
    10:30-noon, Swissotel Chicago, Ballroom Level, Lucerne Ballroom 1

    Blockbuster Supreme Court Decisions in a Partisan Era: Maintaining Public Trust and Institutional Legitimacy Legal scholars including former Solicitor General Donald B. Verrilli Jr. will reflect on recent Supreme Court decisions that implicate deep partisan divisions in the United States (e.g., President Trump’s “travel ban,” and Wisconsin’s gerrymandering practices). The panel will examine whether accepting and deciding these types of cases politicizes the High Court, undermines its credibility and affects decisions in lower courts.
    10:30-noon, Hyatt Regency Chicago, West Tower, Concourse Level, Water Tower

    The Future of Problem-Solving Courts: Where Do We Go from Here As public policy shifts from “smart on crime” to a more traditional “tough on crime” prosecution and sentencing philosophy, experts led by Deputy Federal Public Defender Raul Ayala will address the challenges facing problem-solving courts in the state and federal criminal justice system that have successfully addressed substance-use and mental-health issues.   
    11 a.m.-12:30 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Flyers’ Rights: What Every Traveler Should Know A panel will provide an overview of the laws and regulations surrounding consumer rights in air travel and explore whether there is too much regulation, too little or just enough.
    2-3:30 p.m., Chicago Marriott Downtown, 5th Floor, Chicago Ballroom F/G

    The Trump Administration and Diverse Communities: A Kaleidoscope of Controversies Many are divided over whether the Trump administration has eroded or protected the fundamental ideals of life, liberty, equality and justice embodied in the Declaration of Independence. Panelists on both sides of the debate will critically analyze the impact the administration is having on the country, most notably in the areas of criminal justice and human rights.
    2-3:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Hurdles and Hope – The Quest for Transparent Government in the US and Abroad Although the nation strengthened its open-records laws in the wake of the Vietnam War and Watergate, challenges to those seeking access to public records still exist. A panel will discuss the current state of affairs in the United States and abroad, as Freedom of Information Act requests decline and Justice Department subpeonas against reporters rise.
    2-3:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    “Long-Term Careers for Women in Law: What’s Pushing Women Out and What Can We Do to Keep Them in the Profession?” Why do women leave the legal profession at the height of their careers? With President Hilarie Bass among the speakers, the ABA will reveal the findings from a yearlong study on the disproportionately high rate of attrition among senior women lawyers, and the actions to help stem the tide.
    2:30-3:45 p.m., Fairmont Millennium Park, 3rd Level, Crystal Room

    Social Media, Security and Election Law How can we protect our electoral process from global cybersecurity threats? Experts will share best practices developed by the U.S. Election Commission, National Institute on Standards & Technology and other global organizations to secure the integrity of elections in America and abroad. Topics include the threat landscape, cybersecurity election infrastructure and cyber-risk management across national borders.
    2:30-4 p.m., American Bar Association, 321 N Clark St., 21st Floor, Board Rooms South/Center

    “ABA Concert for the Legal Services Corporation – It Is Only Fair 2” Noted Chicago-based performers from Broadway, cabaret and local companies will perform 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.
    4-5:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Saturday, Aug. 4

    Justice Hack A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and the communities they serve.
    8:30 a.m.-6 p.m., John Marshall Law School, 315 S Plymouth Court, Lobby check-in

    Families on the Precipice: Navigating the Separation, Detention and Reunification of Families at the U.S. Border Despite President Trump’s June 20 executive order to end the separation of families at the U.S. border, the prospect of prolonged family detention and the lack of an effective system to reunite those families already divided remain. Panelists –including those from the University of Chicago’s Young Center for Immigrant Rights, Tahirih Justice Center, ProBAR and Bluhm Legal Clinic at Northwestern Pritzker School of Law – will discuss what lawyers can do to help, the rights of parents and their children, the immigration court system and the ongoing failure of the government to return separated children to their parents unless they submit to deportation.
    9-10 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Sexual Harassment in the Workplace How should lawyers for employees and employers change their response to sexual harassment in light of growing national awareness of the issue? Panelists – including New York Times reporter Megan Twohey, who broke the Harvey Weinstein scandal, as well as representatives from the U.S. Equal Employment Opportunity Commission, Ya Basta and the Duane Morris Institute for Human Resources Professionals – will answer the question and explore related topics.
    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Cybersecurity Wake-Up Call: The Business You Save May Be Your Own Cybersecurity experts, including Rajesh De, former general counsel, National Security Agency and former Undersecretary Suzanne Spaulding, Department of Homeland Security, will discuss the growing problem of cyberattacks, where the cost to American businesses have reached the trillions. Speakers will share the legal requirements to protect data and disclose breaches, as well as the vital steps to take now to lessen risks.
    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Attacks on our Institutions of Democracy: The Role of the Judicial System As the United States confirms Russian interference in its recent election, national security experts, including Elizabeth Rindskopf, former general counsel for the CIA and NSA, and Suzanne Spaulding, former undersecretary for the National Protection and Programs Directorate at the Department of Homeland Security, will share techniques Russia has used in Eastern and Central Europe and more recent cyber-enabled methods, the framework that could counter this threat, as well as needed legislation to address foreign adversary interference.   
    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    The Trump Immigration Agenda:  Redefining a Nation of Immigrants — Panelists whose organizations stand on the frontline of managing the effects of the Trump administration’s hardline stance on immigrants – including those from the National Immigrant Justice Center, Refugee Council USA and Alianzas Americas – will analyze of the impact of the administration’s attempts to restructure immigration law and policy, exploring the impact of these policies on the future of legal migration, refugee resettlement and the creation of a new class of undocumented individuals.
    10:30 a.m.-Noon, Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    International Human Rights: Law and Policy in the Trump Administration Panelists – including President Elisa Massimino of Human Rights First, Executive Director Joel Simon of the Committee to Protect Journalists, former Department of State Legal Advisor John Bellinger and former Legal Director Victoria Neilson of Immigration Justice Corps. – will discuss the legal issues relating to international human rights posed by the Trump administration, including those related to immigration, press freedoms, privacy, gender violence, torture, minority rights, refugees, travel bans, detainees and military affairs.
    1:30-3 p.m., Swissotel Chicago, Event Centre, 2nd Floor, Vevey 3 & 4

    “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.
    2-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    “General Assembly” Executive Director Bryan A. Stevenson of the Equal Justice Initiative and author of “Just Mercy” will receive the ABA Medal, the association’s highest honor.
    4:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom

    Award Honoring Former U.S. Attorney General & NAACP Legal Defense Fund President’s Address The Thurgood Marshall Award honors the late U.S. Supreme Court justice, who epitomized individual commitment, in word and action, to the cause of civil rights in this country. This year’s honoree is former U.S. Attorney General Eric Holder Jr. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, will deliver the keynote remarks.
    8-10:30 p.m., Hyatt Regency Chicago, West Tower, Lobby Level, Crystal Ballroom A/Foyer

    Monday, Aug. 6

    Address by Former United Nations Deputy High Commissioner for Refugees — Alex Aleinikoff, Zolberg Institute on Migration and Mobility, The New School and the former UN deputy high commissioner for refugees, will keynote an annual event honoring the rule of law efforts of the ABA and other organizations.
    Noon-1:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall GH/IJ/KL

    Cybersecurity, government searches, #MeToo among business and technology highlights at American Bar Association meeting Aug. 2-7 in Chicago

    July 16, 2018 7:15 AM by glynnj

    WASHINGTON, D.C., July 16, 2018 — Securing U.S. courts, business and elections from cyberattacks; privacy in the face of increased warrantless searches of electronic devices; and the implications of the #MeToo movement on the workplace are chief among business and technology issues that will be explored at the 2018 American Bar Association Annual Meeting Aug. 2-7 in Chicago.

    High-profile speakers at the 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.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here.

    Online registration is available for news reporters. Credential guidelines are here.

    Business and technology programs include:

    Thursday, Aug. 2

     “Cybersecurity Law: Deciphering the Landscape of Legal Requirements Applicable to Businesses and Law Firms” — Experts will address the legal obligation of businesses to provide “appropriate” and “reasonable” security for their electronic data, addressing the requirements for cybersecurity readiness and proactive compliance.

    10:30 a.m.-noon, Locke Lord LLP, 111 S Wacker Drive, Suite 4100

    “How Do I Get That Tweet Admitted? The Rules of Evidence in the Digital Age” As courts struggle to apply traditional rules of evidence to rapidly developing technologies, such as social media, evidentiary experts will examine the challenges associated with the admission of digital evidence under current federal rules, measures that some courts have taken to meet those challenges and advice on admitting and contesting digital evidence.

    1:15-2:45 p.m., Jenner & Block LLP, 353 N. Clark St., Lobby check-in

    “Brave New World – Current Developments in Online, Social and Global Gaming” — A panel will address the increasingly complex world of regulation as new forms of gaming — e-game tournaments, “freemium” pay-to-play games, online social games, fantasy sports and games that utilize virtual currencies, among them — grow in popularity. Panelists will review U.S. regulation as well as international trends and developments, including the progress in Asian markets to legalize such gaming and how Brexit might affect gaming regulatory matters.

    1:15-2:45 p.m., Greenberg Traurig LLP, 77 W Wacker Drive, Suite 3100

    CLE in the City: “Impact of the Trump Administration on M&A” —  Practitioners and subject-matter specialists will discuss the Trump administration’s impact on mergers and acquisitions, including how the administration’s regulatory approach affects U.S. and international deal-making.

    1:15-2:45 p.m., Mayer Brown LLP, 71 S Wacker Drive, 32nd Floor

     “#MeToo, Time’s Up – Sexual Harassment in the Workplace— A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund – will examine the implications of the “MeToo” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.

    2:30-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information The underfunded computer networks of state and federal courts are under daily cyber-attack. A panel will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data? Who is liable? And, can we mitigate risk in an affordable way?

    3:30-5 p.m., Swissotel Chicago, Ballroom Level, Lucerne Ballroom 1

    Cyber Court Review: Recent Decisions from Federal and State Courts Addressing Issues in Computer Crime, Security and eCommerce Legal tech experts will analyze recent court opinions related to developments in computer technology and the internet. Cases addressed include: U.S. v. Carpenter (use of cell phone records to track people); State v. Loomis (use of computer algorithms at sentencing); Spokeo v. Robins (necessary proof of injury for cyberbreach lawsuits); as well as U.S. v. Petix and U.S. v. Murgio (whether bitcoin is “money” for the purposes of the money laundering and transmittal statutes).

    3:30-5 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Investigations and Prosecutions Galore: The New Normal in Today’s Communities Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.

    5:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    Friday, Aug. 3

    “The Future of Arbitration: Is it So Bright You Have to Wear Shades?” — More than 60 million American workers are subject to mandatory arbitration in employment contracts. Panelists will examine whether requiring the waiver infringes the collective speech protected by federal labor law.

    8:30-10 a.m., Swissotel Chicago, Ballroom Level, Lucerne Ballroom I

     “Can’t Touch This – or Can They? Government Searches, Privacy and Security in a Digital Age— As the Department of Homeland Security increases warrantless searches of electronic devices at international borders, what should companies be doing to protect their confidential information? Lawyers with experience drawn from the National Security Agency, Department of Justice and other official offices with technology oversight will highlight the legal, privacy and constitutional concerns associated with the collection and movement of massive amounts of data now generated by smartphone usage, the internet of things and other technological developments. The panelists include Paul Rosen, former DHS chief of staff; Jon Gannon, former DOJ National Security Division deputy unit chief; Stephanie Christensen, chief, Cyber and Intellectual Property Crimes Section, National Security Division, United States Attorney's Office for the Central District of California; Uma Amuluru, former White House lawyer; and Raj De, former general counsel, National Security Agency.  

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    Protecting Intellectual Property in the Legal Cannabis Industry — As more states recognize legal cannabis for medicinal and recreational use, businesses in the marijuana industry need guidance to protect their ideas and their brands. A panel composed of in-house counsel, business owners and outside lawyers who have firsthand experience with this problem will lay the groundwork for understanding the ins and outs of intellectual property protection where, on the one hand, state laws legalize cannabis sale and use and, on the other hand, federal laws still categorize cannabis as a Schedule 1 controlled substance.

    10:30 a.m.-noon, Swissotel Chicago, Ballroom Level, Lucerne Ballroom I

    “Long-Term Careers for Women in Law: What’s Pushing Women Out and What Can We Do to Keep Them in the Profession?” — Why do women leave the legal profession at the height of their careers? The ABA will reveal the findings from a yearlong study on the disproportionately high rate of attrition among senior women lawyers, and the actions to help stem the tide.

    2:30-3:45 p.m., Fairmont Millennium Park, 3rd Level, Crystal Room

    Social Media, Security and Election Law How can we protect our electoral process from global cybersecurity threats? Experts will share best practices developed by the U.S. Election Commission, National Institute on Standards & Technology and other global organizations to secure the integrity of elections in America and abroad. Topics include the threat landscape, cybersecurity election infrastructure and cyber-risk management across national borders.

    2:30-4 p.m., American Bar Association, 321 N Clark St., 21st Floor, Board Rooms South/Center

    How has the Trump Administration Affected Enforcement of the Foreign Corrupt Practices Act? Experts will answer that question in light of Deputy Attorney General Rod Rosenstein’s October 2017 announcement of revisions to the Department of Justice’s corporate and executive prosecution policies.

    3:30-5 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Saturday, Aug. 4

    Justice Hack: Reimagining the Relationship Between Law Enforcement & Communities A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and the communities they serve.

    8 a.m.-6 p.m., John Marshall Law School, 315 S. Plymouth Court, Lobby check-in,

     “Cybersecurity Wake-Up Call: The Business You Save May Be Your Own Cybersecurity experts, including those with backgrounds from the National Security Agency and Department of Homeland Security, will discuss the growing problem of cyberattacks, where the cost to American businesses have reached the trillions. Speakers will share the legal requirements to protect data and disclose breaches, as well as the vital steps to take now to lessen risks.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    Attacks on our Institutions of Democracy: The Role of the Judicial System As the United States confirms Russian interference in its recent election, national security experts, including Elizabeth Rindskopf, former general counsel for the CIA and NSA, and Suzanne Spaulding, former undersecretary for the National Protection and Programs Directorate at the Department of Homeland Security, will share techniques Russia has used in Eastern and Central Europe and more recent cyber-enabled methods, the framework that could counter this threat, as well as needed legislation to address foreign adversary interference.   

    1:30-3 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.

    2-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Reporters may pick up their press badges at the meeting registration area Grand Registration North of the Hyatt Regency Chicago (Ballroom level, East Tower). During the Annual Meeting, a press room for accredited journalists will be open at Grand Ballroom C/D North of the Hyatt Regency Chicago (Ballroom level, East Tower), starting at 9 a.m. on Aug. 2. Thereafter the press room will be open daily from 8:30 a.m. to 6 p.m. and will close one hour after the House of Delegates adjourns on Aug. 7.

    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.

     

    Cyberattacks, #MeToo implications, immigration crisis among highlights at American Bar Association meeting Aug. 2-7 in Chicago

    July 16, 2018 7:00 AM by glynnj

    WASHINGTON, D.C., July 16, 2018 — Protecting our courts and electoral process from cyberattacks, the repercussions of the #MeToo movement and the implications of President Trump’s immigration policies are chief among the issues that will be explored at the 2018 American Bar Association Annual Meeting Aug. 2-7 in Chicago.

    High-profile speakers at the 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.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here

    Online registration is available for news reporters. Credential guidelines are here

    Newsworthy programs include:

    Thursday, Aug. 2

    CLE in the City: Our Path to Lawyer Well-Being: Initiatives to Promote Healthy Practices and Lives” A panel will discuss the new recommendations of the National Task Force on Lawyer Well-Being, which was created in 2016 to address the unusually high incidence of substance use and mental health disorders among those in the law.

    10:30 a.m.-noon, American Bar Association, 321 N Clark Street, Board Rooms

    CLE in the City: Brave New World – Current Developments in Online, Social and Global Gaming” A panel will address the increasingly complex world of regulation as new forms of gaming – e-game tournaments, ‘freemium” pay-to-play games, online social games, fantasy sports and games that utilize virtual currencies, among them – grow in popularity. Panelists will review U.S. regulation as well as international trends and developments, including the progress in Asian markets to legalize such gaming and how Brexit might affect gaming regulatory matters. 1:15-2:45 p.m., Greenberg Traurig LLP, 77 W. Wacker Drive, Suite 3100

    CLE in the City: Model Rule 8.4 – Update, Discussion and Best Practices in a #MeToo World” As national awareness on workplace sexual harassment grows, a panel will examine the implications of the strengthening in 2016 of Model Rule of Professional Conduct 8.4 on attorney misconduct. Speakers will update on state-by-state adoption of the rule, enforcement, conflicts with implementation and its application to harassing attorneys.

    1:15-2:45 p.m., American Bar Association, 321 N. Clark St., 21st Floor, Board Rooms

    #MeToo, Time’s Up – Sexual Harassment in the Workplace A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund, and ABA President Hilarie Bass – will examine the implications of the “Me Too” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.

    2:30 -4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    14th Amendment at 150 With the 14th Amendment turning 150, two of its preeminent historians, Eric Fomer and Michael Vorenberg, along with Baltimore City Solicitor Andre Davis, will discuss the amendment’s origin and its continuing relevance, as both equal-protection and due-process concerns loom large in the United States.

    3:30-5 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall GH

    Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information The underfunded computer networks of state and federal courts are under daily cyber-attack. A panel will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data? Who is liable? And, can we mitigate risk in an affordable way?

    3:30-5 p.m., Swissotel Chicago, Ballroom Level, Lucerne Ballroom 1

    The Deputy Attorney General of the United States Rod Rosenstein Subject of address not yet released by the Department of Justice.

    4:30-5 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Investigations and Prosecutions Galore: The New Normal in Today’s Communities Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.

    5:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    Friday, Aug. 3

    “Opioids in America: A Multi-Disciplinary Discussion on Cause, Effect & Solutions” The abuse of opioids in America has reached epidemic proportions in the past few years. Leaders of the medical, dental and legal professions will explain the multi-disciplinary approach necessary to tackle the opioid epidemic in our country.

    9-10:30 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Can’t Touch This – or Can They? Government Searches, Privacy and Security in a Digital Age As the Department of Homeland Security increases warrantless searches of electronic devices at international borders, what should companies be doing to protect their confidential information? Paul Rosen, former Department of Homeland Security chief of staff; Jon Gannon, former DOJ National Security Division deputy unit chief; Stephanie Christensen, chief, Cyber and Intellectual Property Crimes Section, National Security Division, United States Attorney’s Office for the Central District of California; Uma Amuluru, former White House lawyer; and Raj De, former general counsel, National Security Agency, will highlight the legal, privacy and constitutional concerns associated with the collection and movement of massive amounts of data now generated by smart-phone usage, the internet of things and other technological developments.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall K/L

    The Right (or Not) to Take a Knee: Social Activism and Freedom of Speech in Sports Panelists will examine the organized protests of professional and collegiate athletes. From taking a knee during the playing of the national anthem, to wearing apparel in support of Black Lives Matter, to going on strike from competition, speakers will discuss the conflict between players' rights and the restrictions upon their freedom of speech and their organizations' rights to manage sporting conduct and events.


    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall I/J

    State Attorneys General and Federalism in the Obama/Trump Eras Using examples of major cases brought by state attorneys general – including those involving President Trump’s travel “ban,” the Deferred Action for Childhood Arrivals policy, U.S. Census and the Affordable Care Act – legal experts will debate these cases in the context of federalism versus states’ rights. 10-11:30 a.m., American Bar Association, 321 N. Clark St., 21st Floor, Board Rooms South/Center

    If the Shoe Fits: What Footwear Cases Teach Us about IP Protection & Enforcement A panel will explore recent cases involving the protection and enforcement of intellectual property rights in footwear, reviewing aspects of protectable trade dress, limitations on the scope of trademark and design rights and considerations in enforcement.

    10:15-11:15 a.m., Chicago Marriott Downtown, 5th Floor, Chicago Ballroom F/G

    “Protecting Intellectual Property in the Legal Cannabis Industry As more states recognize legal cannabis for medicinal and recreational use, businesses in the marijuana industry need guidance to protect their ideas and their brands. A panel composed of in-house counsel, business owners and outside lawyers who have firsthand experience with this problem will lay the groundwork for understanding the ins and outs of intellectual property protection where, on the one hand, state laws legalize cannabis sale and use and, on the other hand, federal laws still categorize cannabis as a Schedule 1 controlled substance.

    10:30-noon, Swissotel Chicago, Ballroom Level, Lucerne Ballroom 1

    Blockbuster Supreme Court Decisions in a Partisan Era: Maintaining Public Trust and Institutional Legitimacy Legal scholars including former Solicitor General Donald B. Verrilli Jr. will reflect on recent Supreme Court decisions that implicate deep partisan divisions in the United States (e.g., President Trump’s “travel ban,” and Wisconsin’s gerrymandering practices). The panel will examine whether accepting and deciding these types of cases politicizes the High Court, undermines its credibility and affects decisions in lower courts.

    10:30-noon, Hyatt Regency Chicago, West Tower, Concourse Level, Water Tower

    The Future of Problem-Solving Courts: Where Do We Go from Here As public policy shifts from “smart on crime” to a more traditional “tough on crime” prosecution and sentencing philosophy, experts led by Deputy Federal Public Defender Raul Ayala will address the challenges facing problem-solving courts in the state and federal criminal justice system that have successfully addressed substance-use and mental-health issues.   

    11 a.m.-12:30 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Flyers’ Rights: What Every Traveler Should Know A panel will provide an overview of the laws and regulations surrounding consumer rights in air travel and explore whether there is too much regulation, too little or just enough.

    2-3:30 p.m., Chicago Marriott Downtown, 5th Floor, Chicago Ballroom F/G

    The Trump Administration and Diverse Communities: A Kaleidoscope of Controversies Many are divided over whether the Trump administration has eroded or protected the fundamental ideals of life, liberty, equality and justice embodied in the Declaration of Independence. Panelists on both sides of the debate will critically analyze the impact the administration is having on the country, most notably in the areas of criminal justice and human rights.

    2-3:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Hurdles and Hope – The Quest for Transparent Government in the US and Abroad Although the nation strengthened its open-records laws in the wake of the Vietnam War and Watergate, challenges to those seeking access to public records still exist. A panel will discuss the current state of affairs in the United States and abroad, as Freedom of Information Act requests decline and Justice Department subpeonas against reporters rise.

    2-3:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    “Long-Term Careers for Women in Law: What’s Pushing Women Out and What Can We Do to Keep Them in the Profession?” Why do women leave the legal profession at the height of their careers? With President Hilarie Bass among the speakers, the ABA will reveal the findings from a yearlong study on the disproportionately high rate of attrition among senior women lawyers, and the actions to help stem the tide.

    2:30-3:45 p.m., Fairmont Millennium Park, 3rd Level, Crystal Room

    Social Media, Security and Election Law How can we protect our electoral process from global cybersecurity threats? Experts will share best practices developed by the U.S. Election Commission, National Institute on Standards & Technology and other global organizations to secure the integrity of elections in America and abroad. Topics include the threat landscape, cybersecurity election infrastructure and cyber-risk management across national borders.

    2:30-4 p.m., American Bar Association, 321 N Clark St., 21st Floor, Board Rooms South/Center

    “ABA Concert for the Legal Services Corporation – It Is Only Fair 2” Noted Chicago-based performers from Broadway, cabaret and local companies will perform 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.

    4-5:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Saturday, Aug. 4

    Justice Hack A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and the communities they serve.

    8:30 a.m.-6 p.m., John Marshall Law School, 315 S Plymouth Court, Lobby check-in

    Families on the Precipice: Navigating the Separation, Detention and Reunification of Families at the U.S. Border Despite President Trump’s June 20 executive order to end the separation of families at the U.S. border, the prospect of prolonged family detention and the lack of an effective system to reunite those families already divided remain. Panelists –including those from the University of Chicago’s Young Center for Immigrant Rights, Tahirih Justice Center, ProBAR and Bluhm Legal Clinic at Northwestern Pritzker School of Law – will discuss what lawyers can do to help, the rights of parents and their children, the immigration court system and the ongoing failure of the government to return separated children to their parents unless they submit to deportation.

    9-10 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Sexual Harassment in the Workplace How should lawyers for employees and employers change their response to sexual harassment in light of growing national awareness of the issue? Panelists – including New York Times reporter Megan Twohey, who broke the Harvey Weinstein scandal, as well as representatives from the U.S. Equal Employment Opportunity Commission, Ya Basta and the Duane Morris Institute for Human Resources Professionals – will answer the question and explore related topics.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Cybersecurity Wake-Up Call: The Business You Save May Be Your Own Cybersecurity experts, including Rajesh De, former general counsel, National Security Agency and former Undersecretary Suzanne Spaulding, Department of Homeland Security, will discuss the growing problem of cyberattacks, where the cost to American businesses have reached the trillions. Speakers will share the legal requirements to protect data and disclose breaches, as well as the vital steps to take now to lessen risks.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Attacks on our Institutions of Democracy: The Role of the Judicial System As the United States confirms Russian interference in its recent election, national security experts, including Elizabeth Rindskopf, former general counsel for the CIA and NSA, and Suzanne Spaulding, former undersecretary for the National Protection and Programs Directorate at the Department of Homeland Security, will share techniques Russia has used in Eastern and Central Europe and more recent cyber-enabled methods, the framework that could counter this threat, as well as needed legislation to address foreign adversary interference.   

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    The Trump Immigration Agenda:  Redefining a Nation of Immigrants — Panelists whose organizations stand on the frontline of managing the effects of the Trump administration’s hardline stance on immigrants – including those from the National Immigrant Justice Center, Refugee Council USA and Alianzas Americas – will analyze of the impact of the administration’s attempts to restructure immigration law and policy, exploring the impact of these policies on the future of legal migration, refugee resettlement and the creation of a new class of undocumented individuals.

    10:30 a.m.-Noon, Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    International Human Rights: Law and Policy in the Trump Administration Panelists – including President Elisa Massimino of Human Rights First, Executive Director Joel Simon of the Committee to Protect Journalists, former Department of State Legal Advisor John Bellinger and former Legal Director Victoria Neilson of Immigration Justice Corps. – will discuss the legal issues relating to international human rights posed by the Trump administration, including those related to immigration, press freedoms, privacy, gender violence, torture, minority rights, refugees, travel bans, detainees and military affairs.

    1:30-3 p.m., Swissotel Chicago, Event Centre, 2nd Floor, Vevey 3 & 4

    “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.

    2-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    “General Assembly” Executive Director Bryan A. Stevenson of the Equal Justice Initiative and author of “Just Mercy” will receive the ABA Medal, the association’s highest honor.

    4:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom

    Award Honoring Former U.S. Attorney General & NAACP Legal Defense Fund President’s Address The Thurgood Marshall Award honors the late U.S. Supreme Court justice, who epitomized individual commitment, in word and action, to the cause of civil rights in this country. This year’s honoree is former U.S. Attorney General Eric Holder Jr. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, will deliver the keynote remarks.

    8-10:30 p.m., Hyatt Regency Chicago, West Tower, Lobby Level, Crystal Ballroom A/Foyer

    Monday, Aug. 6

    Address by Former United Nations Deputy High Commissioner for Refugees Alex Aleinikoff, Zolberg Institute on Migration and Mobility, The New School and the former UN deputy high commissioner for refugees, will keynote an annual event honoring the rule of law efforts of the ABA and other organizations.

    Noon-1:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall GH/IJ/KL

     

    Reporters may pick up their press badges at the meeting registration area Grand Registration North of the Hyatt Regency Chicago (Ballroom level, East Tower). During the Annual Meeting, a press room for accredited journalists will be open at Grand Ballroom C/D North of the Hyatt Regency Chicago (Ballroom level, East Tower), starting at 9 a.m. on Aug. 2. Thereafter the press room will be open daily from 8:30 a.m. to 6 p.m. and will close one hour after the House of Delegates adjourns on Aug. 7.

    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.

     

    Election security, #MeToo implications, opioid crisis among local-interest highlights at American Bar Association meeting Aug. 2-7 in Chicago

    July 16, 2018 6:45 AM by glynnj

    WASHINGTON, D.C., July 16, 2018 — Securing U.S. elections from cyberattacks, the implications of the #MeToo and Time’s Up movements, and solutions to the opioid crisis in Illinois and beyond are chief among issues of local interest that will be explored at the 2018 American Bar Association Annual Meeting Aug. 2-7 in Chicago.

    High-profile speakers at the meeting include Deputy Attorney General Rod Rosenstein of the U.S. Department of Justice (Aug. 2, 4:30 p.m.); Chicago lawyer Tina Tchen, founder of the Time’s Up Legal Defense Fund (Aug. 2, 2:30 p.m.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    The conference will also feature several notable local speakers, including Archbishop Blase Cupich (Aug. 2, 3:30 p.m.) on capital punishment; Chicago lawyers Tina Tchen, founder of the Time’s Up Legal Defense Fund (Aug. 2., 2:30 p.m.) and EEOC Chicago District Director Julianne Bowman (Aug. 3, 10 a.m.) on the after-effects of recent sexual harassment movements; Chicago Board of Elections Executive Director Lance Gough (Aug. 3, 2:30 p.m.) on securing Illinois elections from cyberattacks; and Illinois Dept. of Health Director Nirav Shaw with the Chicago-based leaders of the American Dental Association (Dave Preble) and the American Academy of Periodontology (Eileen Gallagher) (Aug. 3, 9 a.m.) on their proposal for a multidisciplinary approach to address the state’s opioid problem.

    Moreover, the ABA will unveil a newly developed tool for law enforcement that translates the Miranda Warning into Spanish and potentially other languages. It was developed locally by the Chicago-based ABA and the Illinois Institute of Technology’s Institute of Design and is now being tested by the New Orleans police department. The program takes place on Aug. 3 at 2 p.m. at the Hyatt Regency East Tower.

    In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here.

    Online registration is available for news reporters. Credential guidelines are here.

    Programs of local interest include:

    Thursday, Aug. 2

    “Exposed: Privacy, Security and the Smart City” — A panel of noted academics – Lori B. Andrews and Richard Warner of Chicago-Kent College of Law, Robert Sloan of the University of Illinois at Chicago and Aaron K. Tantleff of Foley & Lardner LLP – will explore the legal issues created by the ubiquity of electronic surveillance in “smart” cities such as Chicago. Panelists will analyze the balance between privacy and the benefits of the gathered information and will discuss the control we have and should have over our information.

    10:30 a.m.-noon, Chicago-Kent College of Law, 565 West Adams, ROOM?

    “Model Rule 8.4 – Update, Discussion and Best Practices in a #MeToo World” — As national awareness on workplace sexual harassment grows, panelists – including Executive Director Jayne R. Reardon of the Illinois Supreme Court Commission on Professionalism – will examine the implications of the strengthening in 2016 of Model Rule of Professional Conduct 8.4 on attorney misconduct. Speakers will update on state-by-state adoption of the rule, enforcement, conflicts with implementation and its application to harassing attorneys.

    1:15-2:45 p.m., American Bar Association, 321 N. Clark St., 21st Floor, Board Rooms

    “#MeToo, Time’s Up – Sexual Harassment in the Workplace— A panel that will include Chicago lawyer Tina Tchen, founder of the Time’s Up Legal Defense Fund, will examine the implications of the “Me Too” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.

    2:30-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information — The underfunded computer networks of state and federal courts are under daily cyberattack. Panelists – including Director Marcia M. Meis of the Administrative Office of the Illinois Courts, Asst. U.S. Attorney Shoba Pillay of the Northern District of Illinois and U.S. District Judge Amy J. St. Eve of the Northern Division of Illinois – will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data? Who is liable? And, can we mitigate risk in an affordable way?

    3:30-5 p.m., Swissotel Chicago, Ballroom Level, Lucerne Ballroom I

    Has the Death Penalty Become an Anachronism? — Panelists – including Archbishop Blase Cupich of the Catholic Archdiocese of Chicago and Meredith Martin Rountree of Northwestern Pritzker School of Law – will discuss how our laws should evolve in the face of today’s death penalty practices. Can we design a system that ensures fairness and reflects our modern morals?

    3:30-5 p.m., Swissotel Chicago, Event Centre, 2nd Floor, Vevey 3/4

    Investigations and Prosecutions Galore: The New Normal In Today’s Communities— Experts—Sergeant Patrick J. Collins of the South Chicago Police Station, U.S. Attorney John Lausch Jr. of Northern District of Illinois, Chief Counsel Lisa Marie Noller of Boeing, Gil M. Soffer of Katten Muchin Rosenman and Julie  B. Porter of Salvatore Prescott & Porter – will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds—and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.

    5:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    Climate Resilience and Adaptation — Panelists – including Brian Daly of the Chicago Metropolitan Agency for Planning – will examine how areas like Illinois, which has the 6th largest population residing in coastal shoreline counties by state, will manage the impact of climate change, such as repeated flooding. Panelists will forecast issues through the lens of responses implemented in areas like the Isle de Jean Charles in Louisiana, where there is a massive, federally sponsored relocation effort underway.

    5:30-6:45 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Suite 3

    Friday, Aug. 3

    “Opioids: A Multi-Disciplinary Discussion on Cause, Effect & Solutions” The abuse of opioids in Illinois has reached epidemic proportions in the past few years. Director Nirav Shaw of the Illinois Department of Health, Dave Preble of the American Dental Association and Eileen Gallagher of the American Academy of Periodontology will explain the multi-disciplinary approach necessary to tackle the opioid epidemic in the state and the rest of the nation.

    9-10:30 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    The Changing World of Harassment and Discrimination — The #MeToo movement has resulted in an uptick in sexual harassment claims and has prompted employers to change their policies and training. Panelists – including District Director Julianne Bowman of the Equal Employment Opportunity Commission in Chicago and Chicago employment lawyer Lori L. Deem of Outten & Golden – will discuss the appropriate mindset for employers and the effective strategies to be used to prevent and address these claims.

    10-11:15 a.m., Swissotel Chicago, Event Centre, 2nd Floor, Vevey 3/4

    Social Media, Security and Election Law” — How can we protect our electoral process from global cybersecurity threats? Experts – including Executive Director Lance Gough of the Chicago Board of Elections – will share best practices developed by the U.S. Election Commission, National Institute on Standards & Technology and other global organizations to secure the integrity of elections in America and abroad. Topics include the threat landscape, cybersecurity election infrastructure and cyber-risk management across national borders.

    2:30-4 p.m., American Bar Association, 321 N Clark St., 21st Floor, Board Rooms South/Center

    “Concert for the Legal Services Corporation - It Is Only Fair 2” – Noted Chicago-based performers from Broadway, cabaret and local companies will perform 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.

    4-5:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Saturday, Aug. 4

    Justice Hack Chicago: Reimagining the Relationship Between Law Enforcement & Communities — A hackathon will bring together local multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and the communities they serve.

    8 a.m.-6 p.m., John Marshall Law School, 315 S. Plymouth Court, Lobby check-in

    Families on the Precipice: Navigating the Separation, Detention and Reunification of Families at the U.S. Border” – Despite President Trump’s June 20 executive order to end the separation of families at the U.S. border, the prospect of prolonged family detention and the lack of an effective system to reunite those families already divided remain. Panelists –including Executive Director Maria Woltjenfrom of the University of Chicago’s Young Center for Immigrant Rights and Associate Professor Uzoamaka Emeka Nzelibe of the Bluhm Legal Clinic at Northwestern Pritzker School of Law – will discuss what lawyers can do to help, the rights of parents and their children, the immigration court system and the ongoing failure of the government to return separated children to their parents unless they submit to deportation.

    9-10 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.

    2-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    “General Assembly”Executive Director Bryan A. Stevenson of the Equal Justice Initiative and author of “Just Mercy” will receive the ABA Medal, the association’s highest honor and will keynote this assembly.  The Chicago Mass Choir and other local talent will provide entertainment.

    4:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom

    Sunday, Aug. 5

    Awards Honoring Accomplishments of Women Lawyers — The ABA Margaret Brent Awards Luncheon will honor Chicago lawyer Eileen M. Letts of Zuber Lawler & Del Duca LLP and other female attorneys for their accomplishments in the legal profession. The award is named for Margaret Brent (1601-71), the first woman lawyer in America.

    11:30 a.m.–2 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom

    Reporters may pick up their press badges at the meeting registration area Grand Registration North of the Hyatt Regency Chicago (Ballroom level, East Tower). During the Annual Meeting, a press room for accredited journalists will be open at Grand Ballroom C/D North of the Hyatt Regency Chicago (Ballroom level, East Tower), starting at 9 a.m. on Aug. 2. Thereafter the press room will be open daily from 8:30 a.m. to 6 p.m. and will close one hour after the House of Delegates adjourns on Aug. 7.

    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.

     

    Opioid crisis, cybersecurity, sexual harassment among criminal justice highlights at American Bar Association meeting Aug. 2-7 in Chicago

    July 16, 2018 6:30 AM by glynnj

    WASHINGTON, D.C., July 16, 2018 — Measures to address America’s opioid crisis; securing U.S. courts, business and elections from cyberattacks; and implications of the #MeToo movement are chief among criminal justice issues that will be explored at the 2017 American Bar Association Annual Meeting Aug. 2-7 in Chicago.

    High-profile speakers at the 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.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here.

    Online registration is available for news reporters. Credential guidelines are here.

    Criminal justice programs include:

    Thursday, Aug. 2

     “How Do I Get That Tweet Admitted? The Rules of Evidence in the Digital Age” As courts struggle to apply traditional rules of evidence to rapidly developing technologies, such as social media, evidentiary experts will examine the challenges associated with the admission of digital evidence under current federal rules, measures that some courts have taken to meet those challenges and give advice on admitting and contesting digital evidence.

    1:15-2:45 p.m., Jenner & Block LLP, 353 N. Clark St., Lobby check-in

    #MeToo, Time’s Up – Sexual Harassment in the Workplace— A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund – will examine the implications of the “MeToo” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.

    2:30-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information The underfunded computer networks of state and federal courts are under daily cyberattack. A panel will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data? Who is liable? And, can we mitigate risk in an affordable way?

    3:30-5 p.m., Swissotel Chicago, Ballroom Level, Lucerne Ballroom I

    Cyber Court Review: Recent Decisions from Federal and State Courts Addressing Issues in Computer Crime, Security and eCommerce Legal tech experts will analyze recent court opinions related to developments in computer technology and the internet. Cases addressed include: U.S. v. Carpenter (use of cell phone records to track people); State v. Loomis (use of computer algorithms at sentencing); Spokeo v. Robins (necessary proof of injury for cyberbreach lawsuits); as well as U.S. v. Petix and U.S. v. Murgio (whether bitcoin is “money” for the purposes of the money laundering and transmittal statutes).

    3:30-5 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    The Deputy Attorney General of the United States Rod Rosenstein” — Subject of address not yet released by the Department of Justice

    4:30-5 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom A/B/C/D

    Investigations and Prosecutions Galore: The New Normal in Today’s Communities Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.

    5:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    Friday, Aug. 3

    “Opioids in America: A Multi-Disciplinary Discussion on Cause, Effect & Solutions” The abuse of opioids in America has reached epidemic proportions in the past few years. Leaders of the medical, dental and legal professions will explain the multidisciplinary approach necessary to tackle the opioid epidemic in our country.

    9-10:30 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

     

    The Future of Problem-Solving Courts: Where Do We Go from Here As public policy shifts from “smart on crime” to a more traditional “tough on crime” prosecution and sentencing philosophy, experts led by Deputy Federal Public Defender Raul Ayala will address the challenges facing problem-solving courts in the state and federal criminal justice system that have successfully addressed substance-use and mental health issues.   

    11 a.m.-12:30 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Current Trends in White Collar Criminal Enforcement Members of the federal judiciary, Department of Justice and criminal defense bar share their perspectives and insights on current trends in white-collar criminal enforcement.

    1-2:30 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    The Delicate Dance: Strategies for Handling Cases Involving Uncooperative Domestic Violence Victims Domestic violence experts will explain the various reasons victims may be reluctant to assist in the prosecution of their perpetrators and share strategies to make these survivors more comfortable with the adversarial process to reach the outcome of justice.

    1:45-3:15 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Water Tower

     “The Trump Administration and Diverse Committees: A Kaleidoscope of Controversies Many are divided on whether the Trump administration has eroded or protected the fundamental ideals of life, liberty, equality and justice embodied in the Declaration of Independence. Panelists on both sides of the debate will critically analyze the impact the administration is having on the country, most notably in the areas of criminal justice and human rights.

    2-3:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    Annual Survey of Supreme Court Decisions – Criminal Cases A district court judge, federal prosecutor and defense attorney will discuss the criminal cases that came before the Supreme Court during the current term.

    3:30-5 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    How Has the Trump Administration Affected Enforcement of the Foreign Corrupt Practices Act? Experts will answer that question in light of Deputy Attorney General Rod Rosenstein’s October 2017 announcement of revisions to the Department of Justice’s corporate and executive prosecution policies.

    3:30-5 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Saturday, Aug. 4

    Justice Hack: Reimagining the Relationship Between Law Enforcement & Communities A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and communities of color.

    8 a.m.-6 p.m., John Marshall Law School, 315 S. Plymouth Court, Lobby check-in

     “Cybersecurity Wake-Up Call: The Business You Save May Be Your Own Cybersecurity experts, including those with backgrounds from the National Security Agency and Department of Homeland Security, will discuss the growing problem of cyberattacks, where the cost to American businesses have reached the trillions. Speakers will share the legal requirements to protect data and disclose breaches, as well as the vital steps to take now to lessen risks. Panelists include Rajesh De, former general counsel, National Security Agency, and former Undersecretary Suzanne Spaulding, Department of Homeland Security.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    Attacks on our Institutions of Democracy: The Role of the Judicial System As the United States confirms Russian interference in its recent election, national security experts, including Elizabeth Rindskopf, former general counsel for the CIA and NSA, and Suzanne Spaulding, former undersecretary for the National Protection and Programs Directorate at the Department of Homeland Security, will share techniques Russia has used in Eastern and Central Europe and more recent cyber-enabled methods, as well as the framework that could counter this threat, as well as needed legislation to address foreign adversary interference.    .

    1:30-3 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall KL

    International Human Rights: Law and Policy in the Trump Administration Panelists – including President Elisa Massimino of Human Rights First, Executive Director Joel Simon of the Committee to Protect Journalists, former Department of State Legal Advisor John Bellinger and former Legal Director Victoria Neilson of Immigration Justice Corps. – will discuss the legal issues relating to international human rights posed by the Trump administration, including those related to immigration, press freedoms, privacy, gender violence, torture, minority rights, refugees, travel bans, detainees and military affairs. 1:30-3 p.m., Swissotel Chicago, Event Centre, 2nd Floor, Vevey 3 & 4

    “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.

    2-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Award Honoring Former U.S. Attorney General & NAACP Legal Defense Fund President’s Address The Thurgood Marshall Award honors the late U.S. Supreme Court justice, who epitomized individual commitment, in word and action, to the cause of civil rights in this country. This year’s honoree is former U.S. Attorney General Eric Holder Jr. The award recognizes similar long-term contributions by other members of the legal profession to the advancement of civil rights, civil liberties, and human rights in the United States. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, will deliver the keynote remarks.

    7-8 p.m., Hyatt Regency Chicago, West Tower, Lobby Level, Crystal Ballroom A/Foyer.

    Reporters may pick up their press badges at the meeting registration area Grand Registration North of the Hyatt Regency Chicago (Ballroom level, East Tower). During the Annual Meeting, a press room for accredited journalists will be open at Grand Ballroom C/D North of the Hyatt Regency Chicago (Ballroom level, East Tower), starting at 9 a.m. on Aug. 2. Thereafter the press room will be open daily from 8:30 a.m. to 6 p.m. and will close one hour after the House of Delegates adjourns on Aug. 7.

    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.

     

    Trump’s immigration policies, sexual harassment, NFL protests are among diversity highlights at American Bar Association meeting Aug. 2-7 in Chicago

    July 16, 2018 6:30 AM by glynnj

    WASHINGTON, D.C., July 16, 2018 — The implications of the Trump administration’s immigration policies, sexual harassment in the workplace, ensuring long-term careers for women in law, and social activism in the NFL and other sports are chief among diversity issues that will be explored at the 2018 American Bar Association Annual Meeting Aug. 2-7 in Chicago.

    High-profile speakers at the 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.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

    In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower). For details on the proposals for debate and vote during the two-day session, click here.

    Online registration is available for news reporters. Credential guidelines are here.

    Immigration and diversity programs include:

    Thursday, Aug. 2

    “Model Rule 8.4 – Update, Discussion and Best Practices in a #MeToo World” — As national awareness on workplace sexual harassment grows, a panel will examine the implications of the strengthening in 2016 of Model Rule of Professional Conduct 8.4 on attorney misconduct. Speakers will update on state-by-state adoption of the rule, enforcement, conflicts with implementation and its application to harassing attorneys.

    1:15-2:45 p.m., American Bar Association, 321 N. Clark St., 21st Floor, Board Rooms

    #MeToo, Time’s Up – Sexual Harassment in the Workplace— A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund and ABA President Hilarie Bass – will examine the implications of the “MeToo” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.

    2:30-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom ABCD

    14th Amendment at 150” — With the 14th Amendment turning 150, two of its preeminent historians, Eric Forner and Michael Vorenberg, along with Baltimore City Solicitor Andre Davis, will discuss the amendment’s origin and its continuing relevance, as both equal protection and due process concerns loom large in the United States.

    3:30-5 p.m. Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall GH

    Investigations and Prosecutions Galore: The New Normal in Today’s Communities— Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today's divisive, heated environment.

    5:30-6:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall EF

    Friday, Aug. 3

    The Right (or Not) to Take a Knee: Social Activism and Freedom of Speech in Sports” — Representatives of the National Football League and National Labor Relations Board will be among panelists who will examine the organized protests of professional and collegiate athletes. From taking a knee during the playing of the national anthem, to wearing apparel in support of Black Lives Matter, to going on strike from competition, speakers will discuss the conflict between players’ rights and restrictions upon freedom of speech and their organizations’ rights to manage sporting conduct and events.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    State Attorneys General and Federalism in the Obama/Trump Eras” — Using examples of major cases brought by state attorneys general – including those involving President Trump’s travel “ban,” the Deferred Action for Childhood Arrivals policy, the census and the Affordable Care Act – legal experts will provide a “point/counterpoint” to these cases in the context of longstanding academic principles of federalism versus states’ rights.

    10-11:30 a.m., American Bar Association, 321 N. Clark St., Board Rooms South/Center

    Blockbuster Supreme Court Decisions in a Partisan Era: Maintaining Public Trust and Institutional Legitimacy— Legal scholars, including former Solicitor General Donald B. Verrilli Jr., will reflect on recent Supreme Court decisions that implicate deep partisan divisions in the United States (e.g., President Trump’s “travel ban,” and Wisconsin’s gerrymandering practices). The panel will examine whether accepting and deciding these types of cases politicizes the High Court, undermines its credibility and affects decisions in lower courts.

    10:30 a.m.-Noon, Hyatt Regency Chicago, West Tower, Concourse Level, Water Tower

    The Delicate Dance: Strategies for Handling Cases Involving Uncooperative Domestic Violence Victims— Domestic violence experts will explain the various reasons victims may be reluctant to assist in the prosecution of their perpetrators and share strategies to make these survivors more comfortable with the adversarial process to reach the outcome of justice.

    1:45-3:15 p.m., Hyatt Regency Chicago, West Tower, Concourse Level, Water Tower

    The Trump Administration and Diverse Committees: A Kaleidoscope of Controversies— Many are divided on whether the Trump administration has eroded or protected the fundamental ideals of life, liberty, equality and justice embodied in the Declaration of Independence. Panelists on both sides of the debate will critically analyze the impact the administration is having on the country, most notably in the areas of criminal justice and human rights.

    2-3:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    “Long-Term Careers for Women in Law: What’s Pushing Women Out and What Can We Do to Keep Them in the Profession?” — Why do women leave the legal profession at the height of their careers? With ABA President Hilarie Bass among the speakers, the ABA will reveal the findings from a yearlong study on the disproportionately high rate of attrition among senior women lawyers, and the actions to help stem the tide.

    2:30-3:45 p.m., Fairmont Millennium Park, 3rd Level, Crystal Room

    Saturday, Aug. 4

    Justice Hack: Reimagining the Relationship Between Law Enforcement & Communities” — A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and the communities they serve.

    8:30 a.m.-6 p.m., John Marshall Law School, 315 S. Plymouth Court, Lobby check-in,

    Families on the Precipice: Navigating the Separation, Detention, and Reunification of Families at the U.S. Border” — Despite President Trump’s June 20 executive order to end the separation of families at the U.S. border, the prospect of prolonged family detention and the lack of an effective system to reunite those families already divided remain. Panelists – including those from the University of Chicago’s Young Center for Immigrant Rights, Tahirih Justice Center, ProBAR and Bluhm Legal Clinic at Northwestern Pritzker School of Law – will discuss what lawyers can do to help, the rights of parents and their children, the immigration court system and the ongoing failure of the government to return separated children to their parents unless they submit to deportation.

    9-10 a.m., Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Sexual Harassment in the Workplace — How should lawyers for employees and employers change their response to sexual harassment in light of growing national awareness of the issue? Panelists – including New York Times reporter Megan Twohey, who broke the Harvey Weinstein scandal, as well as representatives from the U.S. Equal Employment Opportunity Commission, Ya Basta and the Duane Morris Institute for Human Resources Professionals – will answer the question and explore related topics.

    10-11:30 a.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    The Trump Immigration Agenda:  Redefining a Nation of Immigrants — Panelists whose organizations stand on the frontline of managing the effects of the Trump administration’s hardline stance on immigrants – including those from the National Immigrant Justice Center, Refugee Council USA and Alianzas Americas – will analyze the impact of the administration’s attempts to restructure immigration law and policy, exploring the impact of these policies on the future of legal migration, refugee resettlement and the creation of a new class of undocumented individuals.

    10:30 a.m.-Noon, Hyatt Regency Chicago, West Tower, Concourse Level, Comiskey

    Awards Honoring Pro Bono Service — The ABA Pro Bono Publico Award is presented each year to honor individual lawyers, law firms, law schools, government attorney offices, corporate law departments and other institutions in the legal profession that have enhanced the human dignity of others by improving or delivering volunteer legal services to the poor. Honorees: Patrick Arenz, Robins Kaplan LLP, Minneapolis; Deborah Coleman, Coleman Law LLC, Cleveland; Ballard Spahr LLP, Philadelphia; Cooley LLP, Palo Alto, Calif.; Simpson Thacher and Bartlett LLP, New York

    Noon-1:30 p.m., Hyatt Regency Chicago, West Tower, Lobby Level, Crystal Ballroom B

    International Human Rights: Law and Policy in the Trump Administration — Panelists – including President Elisa Massimino of Human Rights First, Executive Director Joel Simon of the Committee to Protect Journalists, former Department of State Legal Advisor John Bellinger and former Legal Director Victoria Neilson of Immigration Justice Corps. – will discuss the legal issues relating to international human rights posed by the Trump administration, including those related to immigration, press freedoms, privacy, gender violence, torture, minority rights, refugees, travel bans, detainees and military affairs.

    1:30-3 p.m., Swissotel Chicago, Event Centre, 2nd Floor, Vevey 3 & 4

    “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.

    2-4 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall IJ

    Award Honoring Former U.S. Attorney General & NAACAP Legal Defense Fund President’s Address — The Thurgood Marshall Award honors the late U.S. Supreme Court justice, who epitomized individual commitment, in word and action, to the cause of civil rights in this country. This year’s honoree is former U.S. Attorney General Eric Holder Jr. The award recognizes similar long-term contributions by other members of the legal profession to the advancement of civil rights, civil liberties, and human rights in the United States. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, will deliver the keynote remarks.

    7-8 p.m., Hyatt Regency Chicago, West Tower, Lobby Level, Crystal Ballroom A/Foyer

    Sunday, Aug. 5

    Awards Honoring Accomplishments of Women Lawyers — The Margaret Brent Awards Luncheon recognizes and celebrates the accomplishments of women lawyers. The award is named for Margaret Brent (1601-71), the first woman lawyer in America. This year’s honorees: Patricia K. Gillette, one of the country’s most-after speakers on gender diversity and equality; Eileen M. Letts, a partner at Zuber, Lawler & del Ducca LLP in Los Angeles; Judge Consuelo B. Marshall, the first woman to serve as chief judge of the Central District of California and the first woman of color to serve as chief judge in any federal district west of the Mississippi; Cynthia E. Nance, director of Pro Bono and Community Engagement at the University of Arkansas School of Law; and Tina M. Tchen, partner at Buckley Sandler in Chicago.

    11:30 a.m.-2 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Grand Ballroom

    Monday, Aug. 6

    Address by Former United Nations Deputy High Commissioner for Refugees — Alex Aleinikoff, Zolberg Institute on Migration and Mobility, The New School and the former UN deputy high commissioner for refugees, will keynote this annual event honoring the rule of law efforts of the ABA and other organizations. The luncheon will recognize the 2018 ABA International Human Rights Award recipient Abdelrahman Al Gasim, Darfur Bar Association and 2018 ABA ROLI International Pro Bono Award recipient Genan Zilhka and Caplin & Drysdale, LLP.

    Noon-1:30 p.m., Hyatt Regency Chicago, East Tower, Ballroom Level, Columbus Hall GH/IJ/KL

    Reporters may pick up their press badges at the meeting registration area Grand Registration North of the Hyatt Regency Chicago (Ballroom level, East Tower). During the Annual Meeting, a press room for accredited journalists will be open at Grand Ballroom C/D North of the Hyatt Regency Chicago (Ballroom level, East Tower), starting at 9 a.m. on Aug. 2. Thereafter the press room will be open daily from 8:30 a.m. to 6 p.m. and will close one hour after the House of Delegates adjourns on Aug. 7.

    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 legal rights of undocumented immigrants

    July 13, 2018 1:57 PM by glynnj

    WASHINGTON, July 13, 2018 — The American Bar Association posted today a new ABA Legal Fact Check that explores the legal rights of undocumented immigrants.

    Earlier this month, President Donald Trump tweeted that undocumented or illegal immigrants should be immediately forced to leave the United States without any court review. But U.S. Supreme Court cases, dating back to 1886, have given undocumented immigrants the same rights as Americans in situations where laws or the constitution refer to “persons” or “people.”

    For more details on the legal rights of immigrants click here.

    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.

     

    Statement of ABA President Hilarie Bass Re: Third Anniversary of “709 Crackdown” in China

    July 13, 2018 11:15 AM by glynnj

    WASHINGTON, July 13, 2018 — This week, the American Bar Association joins the world in marking the third anniversary of the “709 Crackdown” – the campaign to silence and control human rights lawyers and others in China who advocate for politically sensitive clients and causes. Launched July 9, 2015, the continuing crackdown has involved the harassment, surveillance, arrest, prosecution, and imprisonment, even torture, of over 300 Chinese lawyers and rights defenders and their families, friends, staff, and associates.

    Subverting legal reform and development of an independent bar, the crackdown cannot be squared with President Xi Jinping’s professed commitment to the establishment of the rule of law. Chinese law guarantees its people certain fundamental human rights, including freedom of expression and association, and due process rights such as the right to a lawyer. Further, China’s “Lawyers Law” establishes that “a lawyer’s right of the person is inviolable” and that a lawyer is not legally liable for positions presented on a client’s behalf.

    The crackdown also violates international standards. For example, Article 16 of the U.N. Basic Principles on the Role of Lawyers directs that “[g]overnments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference.” Similarly, Article 9.3(c) of the U.N. Declaration on Human Rights Defenders reflects individuals’ rights to provide “legal assistance or other relevant advice … in defending human rights and fundamental freedoms,” without government interference.

    The ABA respectfully calls on Chinese authorities to release all lawyers and other human rights defenders in custody, including Wang Quanzhong and Jiang Tianyong, and to halt harassment and surveillance of lawyers and rights defenders and their families, friends, staff, and associates. We urge Chinese authorities to ensure that, while in custody, human rights lawyers and activists are allowed access to their families, lawyers, and medical care and that they are not subjected to torture or other abuse. We also urge the authorities to cease all sanctions on lawyers and other rights defenders, including revocation of their professional licenses.

    As a member of the international community, China should take all necessary measures to safeguard those who work to protect human rights.

    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 urges D.C. court to reject trustee claim to profits on clients’ unfinished hourly rate matters

    July 13, 2018 8:57 AM by glynnj

    CHICAGO, July 13, 2018 — The American Bar Association late Thursday filed an amicus brief in the
    District of Columbia Court of Appeals, asking the court to reject a bankruptcy trustee’s rule to capture profits earned by new law firms from clients previously served by the dissolved firm Howrey LLP.

    Howrey, which was based in the District of Columbia, dissolved in March 2011. The issue is whether D.C. law gives a dissolved firm a property interest in “substantively new representations undertaken by third-party firms.” The bankruptcy trustee contends it does and wants to impose on former Howery partners and the partners’ new firms a duty to pay to the dissolved Howrey firm all profits earned by them on the hourly rate matters of Howrey’s former clients.

    In a related case in February, the U.S. Court of Appeals for the Ninth Circuit said the trustee’s position rests on D.C. partnership law. It asked the D.C. court to answer certain questions concerning the scope of the interest, if any, that a partnership has in client matters started at the partnership but completed at another firm. The 9th Circuit said it would resolve its case once the D.C. court considers these questions.

    The ABA maintains, consistent with its position in a handful of similar suits, that the trustee’s position undermines the fundamental principle that clients own and control their matters, and have the unfettered right to counsel of their choice. This principle is supported by both ABA Model Rules of Professional Conduct and D.C. Rules premised upon the model rules, the ABA contends.

    The ABA brief added the trustee’s proposed ruling would run afoul of those rules and impede the way the modern legal industry serves clients. In this series of cases, the ABA is asking the courts to reject the trustee’s rule and affirm that the profits in question are not the property of the dissolved firm and subject to claims by creditors.

    “The better rule is one that follows the time-honored principle that clients – not lawyers or law firms – own their matters and are free to hire or fire counsel of their choice for any reason at any time,” the ABA brief said.

    The latest ABA amicus brief, Allan B. Diamond, Chapter 7 Trustee for Howrey LLP v. Hogan Lovells U.S, LLP 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 on line. Follow the latest ABA news at www.americanbar.org/news and on Twitter @ABANews.

     

    ABA Tort Trial and Insurance Practice Section to honor five with leadership awards

    July 11, 2018 7:15 AM by glynnj

    WASHINGTON, July 11, 2018 — The American Bar Association Tort Trial and Insurance Practice Section (TIPS) will honor three lawyers and two law school professors with section awards for their outstanding leadership qualities and service to TIPS as well for their commitment to advancing justice, scholarship and the legal profession. The awards will be presented during the 2018 ABA Annual Meeting, Aug. 2-7, in Chicago.

    The recipients and the awards are:

    Andrew C. Hecker Memorial Award:

    Georgia attorney Hall McKinley, III,  will receive the Andrew C. Hecker Memorial Award, which recognizes a person who consistently demonstrates the qualities of leadership, outreach, enthusiasm, professionalism and pride in TIPS and its accomplishments, during the TIPS Council Dinner on Thursday, Aug. 2, from 7-10 p.m. at Shula’s Steakhouse, 301 E. North Water Street, Chicago.

    Excellence in the Advancement of Animal Law Award:

    Texas attorney Yolanda Eisenstein will receive the Excellence in the Advancement of Animal Law Award, which honors exceptional work by an Animal Law Committee member who, through commitment and leadership, has advanced the humane treatment of animals through the law, during the Animal Law Awards Reception on Friday, Aug. 3, from 3-4 p.m. at the Swissotel Hotel.

    Liberty Achievement Award:

    Northwestern Law School Professor Kathleen Dillon Narko will receive the Liberty Achievement Award, which honors lawyers and judges who take a leadership role by demonstrating, through choices made in their careers and work done in private- or public-sector positions, that they have actively promoted diversity in the legal profession. The award, as given by TIPS section sponsor Thomson Reuters, will be presented during the Welcome & Liberty Achievement Award Reception on Friday, Aug. 3, from 6:30-8 p.m. at the Loews Hotel, Streeterville Terrace, 455 North Park Drive, Chicago.

    James K. Carroll Leadership Award:

    Tennessee attorney John R. Tarpley will receive the James K. Carroll Leadership Award, which honors members who have shown outstanding leadership qualities and service to the TIPS Section, during the James K. Carroll Leadership Awards Dinner on Saturday, Aug. 4, from 6:30-10 p.m. at the Swissotel Hotel.

    Robert B. McKay Law Professor Award:

    Wake Forest University Law School professor Michael D. Green will receive the Robert B. McKay Law Professor Award, which honors law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law. This award will be presented during the James K. Carroll Leadership Awards Dinner on Saturday, Aug. 4, from 6:30-10 p.m. at the Swissotel Hotel.

    The ABA Tort Trial and Insurance Practice Section unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system. TIPS is a national source of expertise in tort, trial and insurance practice and brings lawyers together to share information and speak out on issues of importance. The section has almost 24,000 members and over 30 general committees that focus on substantive and procedural matters in areas across the broad spectrum of civil law and practice. For more information about TIPS visit the website, www.americanbar.org/tips.

    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.

     

     

    Winners to take center stage at American Bar Association’s 61st Annual Silver Gavel Awards

    July 11, 2018 7:00 AM by glynnj

    WASHINGTON, July 11, 2018 — The American Bar Association will present its 2018 Silver Gavel Awards for Media and the Arts, which recognize outstanding work that fosters the American public’s understanding of the law and the legal system, on July 17 from 5:15-7:30 p.m. at the National Press Club in Washington, D.C. The event marks the 61st annual presentation. This is the ABA’s highest honor in recognition of this purpose.

    What:   2018 Silver Gavel Awards
                Sponsored by the ABA Division for Public Education

    When:  Tuesday, July 17

    Where: National Press Club
                 Grand Ballroom, 13th Floor
                 529 14th Street, NW
                 Washington, D.C. 20045

    Akhil Amar, Sterling Professor of Law and Political Science at Yale University, is the featured speaker. ABA President Hilarie Bass will present six Silver Gavels and four honorable mentions from 166 entries received in all eligible categories — including books, commentary, documentaries, drama and literature, magazines, multimedia, newspapers, radio and television.

    No more than one Silver Gavel is presented in each category.

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

    To see a complete list of Silver Gavel winners and honorable mentions, please click here.  

    The cocktail reception and Silver Gavel Awards presentation are free and open to the public. Register to attend here.

    The association has presented these awards annually since 1958. The 18-member ABA Standing Committee on Gavel Awards makes final award decisions.

    To learn more about the Silver Gavel Awards, go to www.ambar.org/gavelawards.

    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.

     

    North Carolina’s Michael D. Green to receive ABA Robert B. McKay Law Professor

    July 9, 2018 11:24 AM by glynnj

    WASHINGTON, July 11, 2018 — The American Bar Association Tort Trial and Insurance Practice Section will honor Michael D. Green, professor at the Wake Forest University School of Law, with its Robert B. McKay Award, which recognizes law professors who have shown commitment to the advancement of justice, scholarship and the legal profession, demonstrated by outstanding contributions to the fields of tort, trial practice or insurance law.

    The award will be presented at the ABA Annual Meeting in Chicago during the TIPS James K. Carroll Leadership Awards Dinner on Saturday, Aug. 4, from 6:30-10 p.m. at the Swissotel Hotel.

    “Professor Green is a nationally and internationally recognized torts teacher and scholar who has contributed to teaching and service in torts and compensation systems,” said Holly M. Polglase, chair of the ABA Tort Trial and Insurance Practice Section.

    Green is a member of the European Group on Tort Law, which prepared and published the “Principles of European Tort Law” in 2005. He is a founding member and executive committee member of the World Tort Law Society, an organization of torts scholars from Europe, Asia and the Americas. Green regularly lectures in Europe and China. He is a co-author of a leading torts casebook and of two advanced torts casebooks. Green is also a co-author of the “Reference Guide on Epidemiology,” contained in the “Reference Manual on Scientific Evidence,” a joint publication of the National Academy of Sciences and the Federal Judicial Center.

    Green earned his J.D. from the University of Pennsylvania Law School in 1975.

    Click here for a photo of Green.

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

    The ABA Tort Trial and Insurance Practice Section unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system. TIPS is a national source of expertise in tort, trial and insurance practice and brings lawyers together to share information and speak out on issues of importance. The section has over 20,000 members and more than 30 general committees that focus on substantive and procedural matters in areas across the broad spectrum of civil law and practice. For more information about the Tort Trial and Insurance Practice Section visit the TIPS website, www.americanbar.org/tips.

    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.

     

    Nashville lawyer John R. Tarpley to receive ABA James K. Carroll Award

    July 9, 2018 11:24 AM by glynnj

    WASHINGTON, July 11, 2018,  — The American Bar Association Tort Trial and Insurance Practice Section will honor Nashville, Tenn., attorney John R. Tarpley with its James K. Carroll Leadership Award, which recognizes an attorney or judge who has demonstrated leadership qualities in service to the section. The award will be presented at the ABA Annual Meeting in Chicago during the James K. Carroll Leadership Awards Dinner on Saturday, Aug. 4, from 6:30-10 p.m. at the Swissotel Hotel.

    “John Tarpley has shown outstanding leadership, dedicated service and endless support not just to TIPS but to the ABA as a whole. As a leader, he has demonstrated what is possible to move the section forward,” TIPS Chair Holly M. Polglase said.

    Tarpley, a shareholder with Lewis Thomason in Nashville, has been involved in complex litigation in the areas of tort, transportation, product liability, professional liability, commercial law, casualty defense and a wide range of insurance-related matters in both state and federal courts. Certified as a Tennessee Supreme Court Rule 31 mediator, he is regularly hired to mediate civil matters. Tarpley has also been inducted into the Tennessee Academy of Mediators.

    He is a former chair of the ABA Tort Trial and Insurance Practice Section, former TIPS council member and a former member of the ABA Journal Board of Editors. As president of the Tennessee Bar Association, he established the “Lawyers Care” program and successfully recruited lawyers to do more pro bono work in the state.  In addition, he implemented the “Leadership Law” program and continues to be involved in its programming.  He was the chair of the committee that created the TIPS Leadership Academy. 

    Tarpley earned his J.D. from the University of Tennessee in 1980.

    Watch a tribute: The TIPS James K. Carroll Leadership Award

    Click here for a photo of Tarpley.

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

    The ABA Tort Trial and Insurance Practice Section unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system. TIPS is a national source of expertise in tort, trial and insurance practice and brings lawyers together to share information and speak out on issues of importance. The section has over 20,000 members and more than 30 general committees that focus on substantive and procedural matters in areas across the broad spectrum of civil law and practice. For more information about the Tort Trial and Insurance Practice Section visit the TIPS website, www.americanbar.org/tips.

    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.

    Northwestern Law professor Kathleen Dillon Narko to receive ABA Liberty Achievement

    July 9, 2018 11:24 AM by glynnj

    WASHINGTON, July 11, 2018,  — The American Bar Association Tort Trial and Insurance Practice Section will honor Kathleen Dillon Narko, professor at Northwestern University Pritzker School of Law, with its 2018 Liberty Achievement Award, which recognizes lawyers and judges who take a leadership role by demonstrating, through choices made in their careers and work done in private- or public-sector positions, that they have actively promoted diversity in the legal profession.

    The award, sponsored by TIPS Section Sponsor Thomson Reuters, will be presented at the ABA Annual Meeting in Chicago during the Welcome & Liberty Achievement Award Reception on Friday, Aug. 3, from 6:30-8:00 p.m. at the Loews Hotel, Streeterville Terrace, 455 North Park Drive.

    “We honor Professor Narko for a truly exemplary and engaged legal career that is deeply embedded in community service and is a steadfast commitment to defend the rights of underrepresented populations,” said Sharon Sayles Belton, Thomson Reuters vice president of Government Affairs and Community Relations. “She has shown the utmost in strength by channeling her own life experiences and challenges to raise awareness and create positive change within the legal and larger community.”

    Narko received her J.D. from Cornell Law School and her B.A. in history, cum laude, from Yale University. Following her undergraduate degree, she attended Salzburg College in Salzburg, Austria. Prior to teaching law Narko practiced with a large law firm, concentrating in the areas of commercial litigation and environmental, safety and health law. She was a member of the firm’s hiring committee for seven years. She worked extensively with corporate clients in all aspects of litigation, including trials and appeals. She was also active in pro bono litigation, including lending discrimination and political asylum matters.

    Narko currently teaches Communication and Legal Reasoning at Northwestern University Pritzker School of Law. Her focus is teaching legal analysis through the vehicle of writing. She is a frequent presenter at national and regional Legal Writing Institute conferences and has written and spoken on a variety of topics related to communication and legal analysis. Narko was the J.D. Article Editor for the Cornell International Law Journal.

    Narko is a prominent member of the Chicago Bar Association, where she currently serves on the Editorial Board of the CBA Record. She authors a regular column on legal writing, Nota Bene, which is widely used by both attorneys and law professors.  For several years, Narko has presented a program on Advanced Legal Writing to sold-out audiences of practicing attorneys. She is a past member of the CBA Board of Managers, a current member of the Membership Committee and a recipient of the David Hilliard Award for Outstanding Committee Service. She serves on the Board of Advisors of Catholic Charities of the Archdiocese of Chicago, where she is a member of the Legal Advisory Committee. In addition, Narko is a member of the Leadership Council of the National Immigrant Justice Center.

    Click here for a photo of Narko.

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

    The ABA Tort Trial and Insurance Practice Section unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system. TIPS is a national source of expertise in tort, trial and insurance practice and brings lawyers together to share information and speak out on issues of importance. The section has over 20,000 members and more than 30 general committees that focus on substantive and procedural matters in areas across the broad spectrum of civil law and practice. For more information about the Tort Trial and Insurance Practice Section visit the TIPS website, www.americanbar.org/tips.

    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.

     

    Dallas lawyer Yolanda Eisenstein to receive ABA’s Excellence in Advancement of Animal Law Award

    July 9, 2018 11:24 AM by glynnj

    WASHINGTON, July 11, 2018,  — The American Bar Association Tort Trial and Insurance Practice Section will honor Dallas attorney Yolanda Eisenstein with its 2018 Excellence in the Advancement of Animal Law Award Leadership Award, which recognizes exceptional work by an Animal Law Committee member who, through commitment and leadership, has advanced the humane treatment of animals through the law. The award will be presented at the ABA Annual Meeting in Chicago during the Animal Law Awards Reception on Friday, Aug. 3, from 3-4 p.m. at the Swissotel Chicago.

    Eisenstein, a principal with Eisenstein Law Office, is an animal advocate with expertise in animal law and wildlife law. She works through her law practice to improve the lives of animals. She also handles cases in public finance and tax-exempt finance, litigation, communications and media mediation.

    She has been a longtime leader in TIPS through her activities with the Animal Law Committee, of which she served as chair. During her one-year term, Eisenstein is credited with establishing the ALC’s Lunch & Learn program and creating a CLE program on international trade in animals. She has promoted legislation on behalf of animals through her work as director of the volunteer Texas Legislative Humane Network. Her research, drafting and lobbying efforts helped secure significant legislative advancements in Texas to promote animal welfare.

    Eisenstein speaks regularly on animal issues and has written two books, “Careers in Animal Law: Welfare, Protection, and Advocacy” in 2013 and “The American Bar Association Legal Guide for Dog Owners” in 2015.

    She earned J.D. from Southern Methodist University Dedman School of Law.

    Click here for a photo of Eisenstein.

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

    The ABA Tort Trial and Insurance Practice Section unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system. TIPS is a national source of expertise in tort, trial and insurance practice and brings lawyers together to share information and speak out on issues of importance. The section has over 20,000 members and more than 30 general committees that focus on substantive and procedural matters in areas across the broad spectrum of civil law and practice. For more information about the Tort Trial and Insurance Practice Section visit the TIPS website, www.americanbar.org/tips.

    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.

     

    Atlanta lawyer Hall F. McKinley, III, to receive ABA Andrew C. Hecker Memorial Award

    July 9, 2018 11:24 AM by glynnj

    WASHINGTON, July 11, 2018,  — The American Bar Association Tort Trial and Insurance Practice Section will honor Atlanta attorney Hall F. McKinley, III, with its Andrew C. Hecker Memorial Award, which recognizes a person who consistently demonstrates the qualities of leadership, outreach, enthusiasm, professionalism and pride in TIPS and its accomplishments.

    The award will be presented at the ABA Annual Meeting in Chicago during the TIPS Council Dinner on Thursday, Aug. 2, from 7-10 p.m. at Shula’s Steakhouse, 301 E. North Water Street.

    “The section is grateful to have this opportunity to express our pride in Hall by presenting him with the 2018 Andrew C. Heckler Award,” said Holly M. Polglase, chair of the ABA Tort Trial and Insurance Practice Section. “Hall has worked tirelessly to promote the qualities of leadership, outreach, enthusiasm, professionalism and pride in TIPS and its accomplishments.”

    McKinley, a partner at Drew Eckl Farnham in Atlanta, has been practicing for more than 36 years with a focus on Commercial Transportation Law, Construction Litigation, General Liability, and Professional Malpractice and Healthcare Litigation. He serves general counsel, in-house legal departments, claims departments, and risk managers in litigating matters in state and federal courts.

    McKinley is president-elect for the Georgia Defense Lawyers Association (GDLA) Board of Directors. He has also been appointed to seven committees of the ABA's Tort Trial and Insurance Practice Section, including serving as chair for the CLE Board Standing Committee and is serving as the Annual Meeting 2018 Program Chair. He has also received two Awards of Excellence from TIPS for promoting diversity in CLE programs and chaired the Diversity and Inclusion program at the TIPS Annual Conference in Philadelphia in May 2015.

    He is also listed as a Georgia Super Lawyer and has received an AV Preeminent Rating from Martindale Hubbell for his high ethical standards and professionalism.  

    McKinley received his J.D. from the University of Georgia School of Law in 1981.

    Watch a tribute: The Andrew C. Hecker Memorial Award

    Click here for a photo of McKinley.

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

    The ABA Tort Trial and Insurance Practice Section unites plaintiff, defense, insurance and corporate counsel to advance the civil justice system. TIPS is a national source of expertise in tort, trial and insurance practice and brings lawyers together to share information and speak out on issues of importance. The section has over 20,000 members and more than 30 general committees that focus on substantive and procedural matters in areas across the broad spectrum of civil law and practice. For more information about the Tort Trial and Insurance Practice Section visit the TIPS website, www.americanbar.org/tips.

    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.

     

    Social justice activist Bryan Stevenson to receive 2018 American Bar Association Medal

    July 6, 2018 10:56 AM by romeroi

    WASHINGTON, July 6, 2018 The American Bar Association will honor Bryan Stevenson, lawyer, social justice activist, founder and executive director of the Equal Justice Initiative in Montgomery, Ala., with its highest honor — the ABA Medal.

    Stevenson will receive the ABA Medal at the ABA Annual Meeting in Chicago during the General Assembly on Saturday, Aug. 4 from 4:30-6:30 p.m. at the Hyatt Regency Chicago, East Tower, Grand Ballroom. The ABA Medal recognizes exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence.

    “We are proud to add Bryan Stevenson to the distinguished list of ABA Medal winners for his outstanding leadership and tireless efforts in protecting basic human rights for the most vulnerable in American society,” ABA President Hilarie Bass said. “Bryan has spent his career in service of others and is a widely acclaimed public interest lawyer dedicated to helping the poor, the incarcerated and the condemned. His work fighting poverty and challenging racial discrimination in the criminal justice system is nationally recognized and laudable.”

    After working on defense cases for the Southern Center for Human Rights for several years, Stevenson created the Equal Justice Initiative (EJI) in 1994 to provide legal representation to those who may have been denied a fair trial. EJI has won major legal challenges eliminating excessive and unfair sentencing, exonerating innocent death row prisoners, confronting abuse of the incarcerated and the mentally ill and aiding children prosecuted as adults.

    He has successfully argued several cases in the U.S. Supreme Court and in June 2012 won an historic ruling that mandatory life-without-parole sentences for all children 17 or younger are unconstitutional.  Additionally, EJI has won reversals, relief or release for more than 125 wrongly condemned prisoners on death row.

    On April 26, 2018, Stevenson culminated an eight-year project with the opening of the National Memorial for Peace and Justice in Montgomery and a related museum, From Enslavement to Mass Incarceration. The National Memorial for Peace and Justice honors the names of each of the more than 4,000 African-Americans lynched in the 12 states of the South from 1877 to 1950. The memorial was conceived with the hope of creating a sober, meaningful site where people can gather and reflect on America’s history of racial inequality. From Enslavement to Mass Incarceration employs unique technology to dramatize the enslavement of African-Americans, the evolution of racial terror lynchings, legalized racial segregation and racial hierarchy in America.

    “I am very honored to receive the ABA Medal,” Stevenson said. “I’ve spent my career in jails and prisons, frequently in rural courts with the poor, marginalized and some of our nation’s most vulnerable populations. It is deeply meaningful to me that the ABA would honor work that helps the indigent. I hope it reflects our commitment to the rule of law even on behalf of the ‘least of these.’ As someone who never met a lawyer until I got to law school, I’ve come to appreciate more and more the power of the law to protect the rights of the disadvantaged and lawyers to be agents of justice and understanding.”

    Stevenson’s work fighting poverty and challenging racial discrimination in the criminal justice system has earned him numerous awards, including the prestigious MacArthur Foundation “Genius” Prize; the National Medal of Liberty from the American Civil Liberties Union after he was nominated by U.S. Supreme Court Justice John Paul Stevens; the Public Interest Lawyer of the Year by the National Association of Public Interest Lawyers; and the Olaf Palme Prize in Stockholm, Sweden, for international human rights.  The American Bar Association has honored Stevenson with its John Minor Public Service and Professionalism Award.

    Stevenson, a graduate from Harvard Law School and Harvard Kennedy School in 1985, is a clinical professor at New York University School of Law.

    Click
    here for a photo of Stevenson.

    The ABA Medal recognizes exceptionally distinguished service by a lawyer or lawyers to the cause of American jurisprudence and is given only in years when the ABA Board of Governors determines a nominee has provided exceptional and distinguished service to the law and the legal profession. Among previous recipients are legendary justices of the U.S. Supreme Court, including Oliver Wendell Holmes, Felix Frankfurter, Thurgood Marshall, William J. Brennan Jr. and Sandra Day O’Connor. Other recipients include Watergate Special Prosecutor Leon Jaworski; human rights activist Father Robert Drinan; co-chair of the Bill and Melinda Gates Foundation, William H. Gates Sr.; former U.S. Senator and Secretary of State Hillary Clinton; and prominent attorneys David Boies and Theodore Olson.

    The 2018 ABA Annual Meeting runs August 2-7 at the Hyatt Regency Chicago. Reporters may request credentials online. To follow news about the Annual Meeting click 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 Young Lawyers Division names top 40 young lawyers

    July 3, 2018 1:07 PM by glynnj

    CHICAGO, July 3, 2018 — The American Bar Association Young Lawyers Division has posted its 2017 On the Rise – Top 40 Young Lawyers honorees.

    The annual On the Rise - Top 40 Young Lawyers provides national recognition for 40 ABA young lawyer members who exemplify a broad range of high achievement, innovation, vision, leadership and legal and community service.

    A selection committee comprised of practicing attorneys in private practice and in-house positions reviewed nominations and made selections based on the reputation of the nominator, the professional relationship between the nominator and the nominee and the nominator’s firsthand knowledge of the nominee’s experience, skill and character.

    Nominees had to be 36 years old or younger or admitted to practice for five years or less as of August 30, 2018.

    The Young Lawyers Division is committed to assuring it is best able to represent the newest members of the profession, ensuring that it reflects the society it serves and providing young lawyers and young lawyer organizations with the tools and opportunities for professional and personal success.

    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 sends letter to Pennsylvania senate leaders supporting capital punishment report

    July 3, 2018 11:49 AM by glynnj

    WASHINGTON, July 3, 2018 — The American Bar Association sent a letter to the leaders of the Pennsylvania state senate commending the recent report by the Task Force and Advisory Committee of the Joint State Government Commission on Capital Punishment in Pennsylvania. The ABA appreciates the commission’s extensive efforts to research a broad spectrum of topics related to the state’s capital punishment system.

    The report unfortunately confirms that the issues identified by the ABA in its 2007 Pennsylvania Death Penalty Assessment Report have persisted over the past 11 years. Those issues jeopardize the fair administration of justice in capital cases in Pennsylvania. The ABA strongly urges the commonwealth to implement the recommendations made by the most recent report and, consistent with the 2007 ABA assessment, to maintain the moratorium on executions until these due process protections are in place.

    Read the full letter 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 applauds Senate ratification of Marrakesh Treaty

    July 3, 2018 10:39 AM by glynnj

    WASHINGTON, July 3, 2018 — The American Bar Association commends the Senate for its ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who are Blind, Visually Impaired or Otherwise Print Disabled and its passage of the Marrakesh Treaty Implementation Act (S2559). The ABA calls on the House of Representatives to pass the legislation.

    The treaty requires contracting parties to adopt exceptions and limitations in their domestic copyright law to permit reproduction of published works into accessible formats usable by the print disabled.

    “The American Bar Association applauds the Senate’s unanimous passage of the Marrakesh Treaty Implementation Act, which will help eliminate obstacles to accessible literature for blind and visually impaired people the world over,” ABA President Hilarie Bass said.

    The ABA supported passage of this bill with a letter to House and Senate leaders.

    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.

     

    On visit to Texas border, ABA president advocates for migrants’ legal rights

    July 2, 2018 5:15 PM by fogielm

    In a two-day visit to the Rio Grande Valley, where thousands of parents and their separated children are detained as a result of the administration’s “zero-tolerance” policy, ABA President Hilarie Bass spoke out about the need for legal services to ensure they receive the due process to which they are entitled.

    ABA President Hilarie Bass is interviewed by a local Univision affiliate during her visit to the southern border.

    Accompanied by Kimi Jackson, director of the South Texas Pro Bono Asylum Representation Project (ProBAR), Bass visited U.S. District Court in McAllen, Texas, on June 26 to view the prosecution of 75 migrants who entered the country illegally. She learned that many of them had met only for a few minutes each with lawyers from the public defender’s office.

    At Port Isabel Detention Center in Los Fresnos later that day, Bass and Jackson met with 10 mothers of separated children, several of whom told her through tears that they do not know where their children are and have not had access to a lawyer.

    View news coverage of President Bass' visit on MSNBC, KGBT Rio Grande Valley and Univision.
    Learn more about related ABA resources and initiatives here

     “We are going to work hard to find Spanish-speaking lawyers with immigration knowledge who can help these people with legitimate asylum claims,” Bass said.

    ProBAR is a national effort to provide pro bono legal services to asylum seekers detained in South Texas. It is a joint project of the American Bar Association, the State Bar of Texas and the American Immigration Lawyers Association. The Texas Access to Justice Foundation provides support to this project. In the current crisis, the staff is providing legal services to detained children and coordinating groups of volunteer Spanish-speaking lawyers who have come from throughout the country to provide legal services to adults. 

    During her trip, Bass was interviewed by a number of national media outlets, including The Washington Post, CNN, the Associated Press, Reuters and an appearance on MSNBC with Lawrence O’Donnell, where she spoke about what she had seen on her visit.

    Bass is mobilizing the ABA to coordinate a response to the crisis, which includes a fundraising effort for ProBAR and coordinating lawyer volunteers, who will be needed around the country to represent children and parents, she said.