CLE Program Descriptions by Track Appellate Practice Appellate Review of Adverse Discovery Orders in Federal Court - A Mock Oral Argument Based upon Mohawk Industries, Inc. v. Carpenter Thursday, April 22, 8:30 am Experienced advocates will orally argue the issue raised in Mohawk Industries— whether a non-final order compelling disclosure of attorney-client communications is immediately reviewable to keep the ―cat in the bag.‖ After the argument, the judges and advocates will discuss the mechanisms available for seeking appellate review of such orders. Winning Strategies for Appellate Advocacy: The View from the Bench Thursday, April 22, 1:00 pm Appellate judges can best explain which strategies really work. Ever wondered how briefs set the stage for oral argument, or what types of arguments do and do not persuade appellate courts? Here is your chance. A panel of federal court and state appellate judges will give the real answers. Litigating in the Marble Palace: ABCs of Supreme Court Practice Thursday, April 22, 2:30 pm Supreme Court litigation poses special challenges with which many lawyers are unfamiliar. Featuring some of the nation's top Supreme Court experts, this program addresses distinctive features of Supreme Court practice, including petitions for certiorari and oral argument, with a practical focus on how lawyers can meet the Justices' expectations. Arbitrations Class Dismissed! Stolt-Nielsen and Silent Arbitration Clauses Thursday, April 22, 8:30 am The Supreme Court just heard Stolt-Nielsen, in which the issue was whether the Federal Arbitration Act permits imposing class arbitration when the parties’ agreement is silent, potentially solving a Circuit split. Stolt raises significant issues: Do silent clauses violate public policy? What is the impact on international arbitration? Trying the Arbitration Case: Winnable Strategies Thursday, April 22, 2:30 pm Come learn what trial lawyers need to know about the often dramatic differences between trying a case in arbitration rather than in a courtroom. A panel of seasoned arbitrators and advocates will discuss which trial techniques work and which to stay away from, handling fact and expert witnesses, using of exhibits, and openings and closings, in FINRA, AAA and other forums. Globalization of Procedural Law in International Arbitration Thursday, April 22, 4:00 pm Arbitration rules are in a constant process of revision to fit the needs of the community they serve. The panelists will discuss trends in procedural arbitration law in light of the stark differences in common law versus civil code countries and the effect of these trends on US practitioners. Attorney-Client Privilege Navigating Through a Sea of Documents: How Model Rule of Professional Conduct 4.4(b), FRE 502, and FRCP 26(b)(5)(B) Will Impact the Way We Litigate and Try Cases Thursday, April 22, 8:30 am Litigators in the 21st Century face an ever-changing landscape of new rules and new technology designed to try to cope with the havoc that the internet age has wreaked on our traditional notions about discovery, document production and evidence. Our panel of experts will help you navigate this uncharted territory. Asserting and Defeating Claims of Waiver Friday, April 23, 11:15 am Experts on Federal Rule of Evidence 502 will provide mock arguments and discuss tactics regarding subject matter waiver, advice of counsel, document production, and how to take advantage of Rule 502. Arguing Crime/Fraud and Other Exceptions to Privilege: An Expert Demonstration Friday, April 23, 4:00 pm Assertions of privilege in litigation are not always justified or insurmountable. Using multimedia presentations, live expert demonstrations, judicial commentary and audience participation, this program will show you how to develop and present winning arguments for application of the crime/fraud and other exceptions to privilege. Enforcement Priorities in the Age of Obama Enforcement Priorities of the Obama Administration Thursday, April 22, 8:30 am What do lawyers need to know about recent government enforcement efforts? A panel of current and former government lawyers will discuss the enforcement priorities of the Obama Administration and the industries and legal issues that will receive special focus and attention over the course of the current presidential term. Conducting Internal Investigations and Making Voluntary Disclosures: Is It Worth the Risk? Thursday, April 22, 1:00 pm Corporations routinely conduct their own internal investigations into suspected wrong-doing. Should a corporation voluntarily disclose the results of such an investigation to the Government? This question inevitably raises a slew of difficult ethical and strategic issues. Using thought-provoking hypotheticals, our experienced panelists will break down the risks and benefits of disclosure. Dialogue with the New SEC Thursday, April 22, 2:30 pm Senior representatives from the Securities and Exchange Commission and leading securities counsel will discuss enforcement priorities for the coming year, including the substantive reorganization of the SEC's Division of Enforcement, enforcement initiatives in insider trading and under the FCPA, primary versus secondary liability, and the impact of pending legislation on current enforcement efforts. Ethical Pitfalls - What Every Civil Practitioner Needs to Know About Criminal Issues in Civil Litigation* Thursday, April 22, 4:00 pm When criminal issues come up in a civil case, most civil practitioners find themselves at a loss. Our experienced panel will address the most common criminal issues faced by civil practitioners and provide practical guidance on how to avoid the pitfalls. Environmental Enforcement Update Friday, April 23, 2:30 pm Here is your chance to hear directly from senior governmental officials - the who, what, where, and why of environmental enforcement at U.S. EPA and the U.S. Department of Justice. This program will provide a unique opportunity to learn about recent environmental actions, as well as new and developing enforcement priorities for 2010 and into next year. Experts New Tools: What Attorneys Need to Know About the Federal Rule of Civil Procedure 26(a)(2)(B) Amendments Thursday, April 22, 4:00 pm Experienced or novice attorneys will gain an understanding of the recent amendments to the Civil Rules and their impact on established best practices. A panel including distinguished practitioners and a federal judge (instrumental in drafting/promoting the changes) will discuss how these amendments have accomplished intended effects since adopted, with a focus on how to best comply. Steering Clear of Daubert/Frye Minefields* Friday, April 23, 11:15 am It is no exaggeration. During the last decade Daubert v. Merrell Dow Pharmaceuticals, 509 U.S. 579 (1993), and the amendments to FRE 702 in 2000, dramatically changed procedures for designating and objecting to expert witnesses. This program will peel away the complex layers of Daubert procedures, and present basic strategic practices to follow in raising and defending ―Daubert challenges.‖ Ethics Tools: Maintaining Attorney Work Product and Attorney-Client Privilege* Friday, April 23, 2:30 pm A lively panel of experienced litigators and ethics scholars will discuss how to, within the ethical rules, maintain attorney work product protection and attorney- client privilege when working with testifying and consulting experts. The program will also address the impact of proposed FRCP 26(b)(4) amendments on these best practices. Everyday Tools: The Direct and Cross-Examination of Expert Witnesses Friday, April 23, 4:00 pm This program uses brief simulation vignettes to provide a "how to" guide for the critical skill of the examination of expert witnesses. Participants are expected to walk away from the program with a new appreciation for the nuances for effective direct and cross-examination of experts. Intellectual Property Winning Your Patent Infringement Case During Claim Construction Friday, April 23, 11:15 am You can win or lose your patent case at claim construction. Thus, preparing for and conducting your hearing couldn’t be more important. This program will provide insights from prominent lawyers and judges about using the most persuasive evidence, communicating through briefing and demonstratives, and advancing your infringement and validity theories. Hot Topics in Intellectual Property Friday, April 23, 2:30 pm The field of intellectual property is constantly changing, making it imperative for attorneys to keep up to date on the law and best practices. This program will feature experts in the areas of patents, copyrights, trademarks, and trade secrets who will discuss the hot issues in intellectual property law today. Keep It Simple: Presenting Complex Technical Cases at Trial Friday, April 23, 4:00 pm Through the prism of a patent case, some of the country's most prominent trial lawyers will discuss strategies for explaining complex topics to a jury in a straightforward, persuasive manner, including how to present opening statements, closing arguments, witness examinations, visual aids, and expert testimony. International Litigation Global Class Actions: Lasting Peace or Ticking Time Bombs? Thursday, April 22, 1:00 pm U.S. courts have blessed global settlements that release claims of foreign nationals – but is there a preclusive effect? Notice plays a prominent role when judges consider jurisdiction over foreign citizens. Do complexities with notice make such classes unmanageable? Learn about current legal and practical issues in international class action litigation. Foreign Corrupt Practices Act: Strategies and Responses Thursday, April 22, 2:30 pm The enforcement of the Foreign Corrupt Practice Act has been on the upswing in recent years: 2008 marked the historic settlement of the Siemens case – largest FCPA investigation in history. The panel will consider the theoretical and practical implications of increased enforcement for U.S. litigators and businesses. Have U.S. Courts Become the Courtroom for the World? Thursday, April 22, 4:00 pm Globalization has broken down regional barriers as economic and political issues are more frequently crossing borders. Has a similar globalization force now come to U.S. courts? Join our panel to discuss the way in which ATS, securities, torts and personal injury terrorism litigation have caused U.S. courts to go global. Maximizing Values The ACC Value Challenge: Competing in a Cost Conscious World Friday, April 23, 11:15 am The law firm/corporate client relationship is undergoing a metamorphosis. The billable hour is an endangered species. Results are no longer the only criteria by which clients evaluate their lawyers. A panel of corporate counsel and seasoned litigators will discuss the competitive value of embracing concepts like "alternative billing" and "litigation guidelines." Leveraging the In-House/Outside Counsel Relationship Friday, April 23, 2:30 pm The current economy presents significant challenges. Hear from prominent General Counsel and outside counsel as they discuss and share best practices for improving the in-house/outside counsel relationship including: retaining and working with outside counsel, the value of the legal relationship, controlling spending (budgeting), alternative fee arrangements and the use of technology. Chief Litigation Counsel: What Keeps Them up at Night? Friday, April 23, 4:00 pm What's troubling the heads of litigation at public companies? This engaging panel of chief litigation counsel will share their insights about what concerns them -- and what their outside counsel should be worrying about for them. Hear their perspectives on increased costs, reduced staff, alternative fees, workforce management and more. Pretrial Practice From Ethics to Tactics: Deposition Dos and Don'ts* Thursday, April 22, 1:00 pm Depositions can make or break your case -- whether you're taking them or defending. Using entertaining vignettes, this program teaches the ins, outs, dos, and don’ts of deposition practice for lawyers at all experience levels. You’ll be surprised at what you don’t know and you'll never do depositions the same again. Twombly v. Conley - The Fight of the Century Thursday, April 22, 1:00 pm Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (―Twombly‖) and Ashcroft v. Iqbal, 129 S.Ct. 1937 (2009)(―Iqbal‖) wrought a sea change in federal pleading standards. Dismissing the fifty year old standard under Conley v. Gibson, 355 U.S. 41 (1957), in Twombly and Iqbal the Supreme Court held that a plaintiff could only survive a motion to dismiss if he pled sufficient facts showing his ―plausible entitlement‖ to relief. Come hear this mock argument by two seasoned practitioners demonstrating life before and after Twombly/Iqbal. The Ethics of E-Discovery* Thursday, April 22, 4:00 pm Be prepared for real life practical guidance on ethical issues associated with litigation holds; the roles of in-house and outside counsel in handling e-discovery; metadata mining and inadvertently-produced privileged or protected information. Magistrates Panel on Discovery Issues Friday, April 23, 11:15 am Dazed and confused by the ramifications of e-discovery and the federal rules that control? Our panel of federal magistrates will help you muddle through the shifting landscape of 21st Century discovery, and answer your burning questions about the kind of discovery issues they deal with every day. How Much Is Enough Evidence for Class Certification? Friday, April 23, 2:30 pm "Duelling" experts play an increasingly important role in class certification, as courts now scrutinize expert testimony, and even make credibility determinations, as part of the class decision. See, e.g., In re Hydrogen Peroxide Antitrust Litig. This program will show how the new evidentiary standards play out at the class- certification hearing. Pitfalls and Pratfalls: Ethical Considerations When Interviewing Witnesses* Friday, April 23, 4:00 pm Lawyer interviews of non-party witnesses present a minefield of ethical issues. Video clips of mock interviews will demonstrate potential conflicts of interest, whether the lawyer owes a duty to the witness, and what the lawyer should do if the witness asks for legal advice or obviously needs independent counsel. Special Programs & Hot Topics Iqbal/Twombly Fallout: Are General Federal Rules Passé? Thursday, April 22, 2:30 pm Recent Supreme Court decisions, Iqbal and Twombly, address the general federal pleading rules. Has the Supreme Court changed the pleading landscape for all cases? Do these cases make substantive law imposing significant barriers to access? Is it time for new rules, in certain or all cases? Should Congress respond? Sports Arbitration - A View from the Fields Thursday, April 22, 4:00 pm Becoming a Superstar Senior Associate Friday, April 23, 4:00 pm Superstars are made not born. Panelists will provide specific tips on developing skill sets needed for becoming superstar senior associates. Topics will include: supervising junior associates, controlling the file, law firm politics, and developing relationships with clients. Technology Communications with Clients Through Technology Thursday, April 22, 8:30 am Hear from in-house counsel and electronic systems experts on available mediums for electronic communications between clients and outside counsel, how to select what will work best for your company and outside firms, selecting a proactive versus reactive system, real implementation time, and benefits and pitfalls of managing cases through electronic communications systems. Beyond the Bullet Point Friday, April 23, 2:30 pm How do you cut through the clutter and simplify your case to make it understandable to a jury on information overload, and use the power of visual media to increase understanding and persuasiveness? The secret lay in your ability to step outside the details of the case you've been living, and to look at it through the eyes of a media-savvy juror who is unfamiliar with the facts. Trial consultant Cliff Atkinson will share the secrets from his bestselling book Beyond Bullet Points, which describes how he helped craft the presentations that persuaded a jury to award the plaintiff a $253 million verdict in the nation's first Vioxx trial. Getting Caught in a Web – Ethical Issues of Web 2.0* Friday, April 23, 4:00 pm Internet use by lawyers has gone way beyond email. Difficult ethical issues can surround the use of social networking sites, third party sites that praise a lawyer's talents, the limits of using YouTube or similar sites, and even web pages of a lawyer or law firm. Listen in if you want to be ethically linked in! Trial Practice Learning from Others' Misfortunes: Top 10 Blunders to Avoid in Front of a Jury Thursday, April 22, 8:30 am Don’t waste hours of preparation with a painful faux pas at trial. A panel of renowned trial lawyers and judges perform real-world vignettes that teach you precisely what not to do when you finally get to present your case to a jury. TROs and Preliminary Injunction Thursday, April 22, 1:00 pm Lawyers argue opposite sides of a TRO motion concerning a financial institution’s default in a financing scheme before a federal judge. Arguments are limited to 15 minutes each. A presentation/discussion defining the irrevocable injury necessary for successfully obtaining finance related TROs follows the judge’s ruling. How to Win Your Case – Developing a Compelling Trial Theme Thursday, April 22, 2:30 pm The most important part of trial is not your opening statement, impeachment of a star witness, or closing argument—it is your case theme. Through demonstrations featuring the nation’s top trial lawyers, this program will show you how to develop a powerful theme that compels a verdict for your client. Nothing Mock About It: Using Jury Consultants in the Real World Friday, April 23, 11:15 am With demonstrations of different voir dire styles from leading trial lawyers, jury consultants and litigators will debunk the conventional wisdom and explain what you really need to know when "picking" a jury and afterwards. Simplifying Complex Financial Cases Friday, April 23, 2:30 pm The deal is complex, the structures unfamiliar, the terminology cryptic. Were the parties very clever, or is it financial sleight of hand? Which way do you want the court to perceive it? This panel will explore ways to take a complicated financial dispute and make it accessible. Workouts & Financial Litigation Ponzi’s Revenge: Clawback and Financial Fraud Litigation Thursday, April 22, 8:30 am Recent financial scandals (high- and low-profile alike) have left millions of victims in their wake. Several experts in financial fraud litigation are on hand to discuss how the courts have addressed the recent scandals and to provide insightful practice tips for those who find themselves involved in financial fraud litigation. Bankruptcy Judges Speak Thursday, April 22, 1:00 pm Litigators with varying degrees of bankruptcy experience find themselves in bankruptcy court with increasing frequency. Several of the leading opinion- makers in bankruptcy jurisprudence will discuss the latest trends in bankruptcy litigation and will take your questions. Is Commercial Real Estate the Next Litigation Wave? Thursday, April 22, 2:30 pm $2 trillion in commercial real estate loans are coming due over the next 15 months and default rates are soaring. Complex financing structures are complicating workout efforts. Our panel will explore the unique litigation issues that arise and discuss strategies for lenders, borrowers and investors to navigate these complexities. Emerging Issues in Credit Crisis Litigation Thursday, April 22, 4:00 pm *This program will provide ethics credits in addition to general CLE credit.
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