CLE Schedule by dzl19473


									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.

    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
      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
    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
      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.

    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
      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
    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.

    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
       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
   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
   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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