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CLE Committee Forum:
Roadmap to Power: How to Become the General Counsel
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Program Materials
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Presented by:
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Ad Hoc Committee on Career Forums
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Cochairs
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Annie Clement and Lynn A. Howell
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Lynn A. Howell, , St. Pete Beach, FL
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M. Kim Vance, General Counsel, Tractor Supply Company, Brentwood, TN
Andrew C. Branham Counsel on Call, Memphis, TN
Mary Ann Hynes Consultant, The Mosaic Company, Lake Forest, IL
Greerson G. McMullen Executive Vice President, General Counsel and Secretary, Global Signal Inc., Sarasota, FL
Herman Morris Shareholder, Baker Donelson Bearman Caldwell & Berkowitz, PC, Memphis, TN
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| Five years at a firm, two years in house? Is that the formula? What skills, political savvy, boardroom experience and knowledge are needed for general counsel position? Exactly, what do the chief legal officers of corporations do every day? The panel includes current and former general counsels, who will discuss the steps needed to put you on the map!
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CLE PROGRAM:
Collateral Careers that Collide into Greatness: The Business Lawyer as an Entrepreneur
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Program Materials
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Presented by:
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Ad Hoc Committee on Career Forums
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Cochairs
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Annie Clement & Lynn A. Howell
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Lynn A. Howell, St. Pete Beach, FL
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John Bailey, Executive Vice President and General Counsel, Cumberland Swan Holdings, Nashville, TN
Andrew C. Branham, Managing Director of Memphis Office, Counsel on Call, Memphis, TN
John G. Cacomanolis, Senior Counsel, Global Signal, Sarasota, FL
Tea Hoffmann, President, Legal Training Group, LLC, Nashville, TN
Laurence M. Papel, Shareholder, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN
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| When does a "side interest/hobby" become a second job
that ultimately may be more profitable and possibly more
rewarding than your current practice setting? Do you have
the entrepreneurial spirit to expand your practice? Own a
business? Create new opportunities? The panel will discuss the
options and the possibilities!
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CLE PROGRAM:
Antitrust For The Transaction Lawyer: From Negotiating of Merger Documents to Gun-Jumping: What the Transaction Lawyer Needs to Know
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Program Materials
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Presented by:
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Antitrust Law
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Aimee Imundo Antitrust Counsel, General Electric, Washington, D.C.,
Michael B. Miller Partner, Morrison & Foerster, LLP, New York, New York
Marimichael O. Skubel Partner, Kirkland & Ellis, LLP, Washington, DC,
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| Experienced law firm and in-house antitrust attorneys will present a practical road map of antitrust issues on transactions. Panelists will discuss antitrust conditions and "hell or high water" clauses in transaction documents, due diligence issues, five things to know about Hart Scott Rodino filings, best practices for managing substantive issues and gun-jumping.
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CLE PROGRAM:
Cooperation or Collusion? Managing Antitrust Risk in Joint Ventures
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Program Materials
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Presented by:
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Antitrust Law
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Paul T. Denis Partner, Dechert LLP, Washington, D.C.,
Alan L. Marx Partner, King & Ballow, Nashville, TN
Alicia J. Batts, Partner, Dickstein Shapiro Morin and Oshinsky, Washington DC
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| How to structure and run a joint venture today in light of recent decisions and agency actions. |
Presented by:
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Banking Law
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Cochairs
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Laura N. Pringle and Robert B. Serino
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Dan Stipano Acting Chief Counsel, Office of the Comptroller of the Currency, Washington, D.C.,
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Presented by:
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Banking Law
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Eugene M. Katz, Senior Vice President and Assistant General Counsel, Wachovia Corporation, Charlotte, NC
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Theodore F. Claypoole Member, Womble Carlyle Sandridge & Rice, PLLC, Charlotte, NC
Steven J. Eisen Shareholder, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN
Catherine S. Wu, Associate, Reed Smith, Philadelphia, PA
Kevin P. Lavender Commissioner of Banking, State of Tennessee, Nashville, TN
Joseph A. Smith Commissioner of Banks, State of North Carolina, Raleigh, NC
Karen O. Solomon Director, Legislative and Regulatory Activities, Office of the Comptroller of the Currency, Washington, D.C.,
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| The Forum will feature a panel of expert speakers who will report on recent significant developments in financial services regulation, including: a federal regulatory update, a review of bank intellectual property issues, a discussion of gift cards and other stored value products, and a presentation by state banking supervisors on dual banking system issues.
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CLE PROGRAM:
The New Era of Enforcement & Compliance-Bank Secrecy Act, Anti-Money Laundering and More
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Program Materials
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Presented by:
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Banking Law
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Chair
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Martin E. Lybecker and Ronald R. Glancz
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Ronald R. Glancz, Partner, Venable, LLP, Washington, DC
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Eugene M. Katz Senior Vice President & Assistant General Counsel, Wachovia Corporation, Charlotte, NC
Julius L. Loeser Senior Vice President and Deputy General Counsel, Comerica Bank, Detroit, MI
Mary Neil Price Partner, Miller & Martin, PLLC, Nashville, TN
Andrew L. Sandler Partner, Skadden Arps Slate Meagher & Flom, LLP, Washington, D.C.,
James E. Scott Senior Regulatory Counsel, CitiBank, New York, NY
Robert B. Serino Senior Advisor Financial Services, Watkins Consulting Inc., Washington, D.C.,
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| A distinguished panel will discuss the new era of compliance and enforcement activities by the regulators and law enforcement agencies with criminal sanctions, higher fines, comprehensive cease and desist orders, and other remedial measures imposed through "voluntary cooperation" from the perspective of in-house counsel, outside counsel, and consultants. The specific topics include: * Bank Secrecy Act and Anti-Money Laundering Enforcement Actions by DOJ, FinCEN, and Bank Regulators, including the focus on Suspicious Activity Reporting ("SARs") * SEC Enforcement (Mutual Funds and Consumer Sales Practices) and Sarbanes-Oxley Act Compliance * Fair Lending and Consumer Protection by Federal and State Enforcement Agencies
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Presented by:
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Banking Law
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Cochairs
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Sarah A. Miller and Michael Watkins
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Sarah A. Miller, Director of the Center for Securities, Trust and Investments, American Bankers Association, Washington, D.C.,
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Martin E. Lybecker, Partner, Wilmer, Cutler, Pickering, Hale and Dorr, LLP, Washington DC
Linda Stamp Sundberg Attorney - Fellow, Securities & Exchange Commission, Washington, D.C.,
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| The program will focus on Regulation B, scheduled to become effective March 31, 2005. In addition, the program will emphasize networking agreements and employee licensing.
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CLE PROGRAM:
Bankruptcy Alternatives: Federal Receivership and State Law Remedies
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Program Materials
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Presented by:
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Business Bankruptcy
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Chair
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Kay Standridge Kress
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Nicholas D. Tally, Vice President, Wells Fargo Bank, N.A. Corporate Trust Division, Minneapolis, MN
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Shelly Crocker, Esq. Partner, Crocker Kuno, LLC, Seattle, WA
William J. Hoffman President & CEO, Trigild, San Diego, CA
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| The panel will discuss alternatives to bankruptcy which include, among other things, federal and state receivership actions.
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Presented by:
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Business Bankruptcy
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Cochairs
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Kay Standridge Kress and Sam Maizel
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Toby M. Daluz Partner, Ballard, Spahr,Andrews & Ingersoll, LLP, Wilmington, DE
Jessica Gabel Clerk, US Court of Appeals for the Eleventh Circuit, Miami, FL
Professor Jack Williams Professor, Georgia State University College of Law, Atlanta, GE
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| Splits in the Circuits on contracts and lease issues under Section 365: Where are they, do they matter and who got it right?
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Presented by:
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Business Bankruptcy
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Chair
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Michael St. Patrick Baxter
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Michael St. Patrick Baxter, Covington & Burling, Washington, D.C.,
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Josefina Fernandez McEvoy Squire Sanders & Dempsey, LLP, Los Angeles, CA
Professor George W. Kuney Professor of Law, University of Tennessee College of Law, Knoxville, TN
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CLE PROGRAM:
Preference Actions: Abuse of the Bankruptcy Process or Proper Exercise of Fiduciary Duties?
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Program Materials
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Presented by:
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Business Bankruptcy
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Lisa Hill Fenning Partner, Dewey Ballantine, Los Angeles, CA
Barbara D. Holmes Partner, Harwell Howard Hyne Gabbert & Manner, PC, Nashville, TN
David R. Weinstein Weinstein Eisen & Weiss, LLP, Los Angeles, CA
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| The program will cover the legal, ethical and practical issues involved in determining whether to pursue mass preference actions, particularly where the estate is administratively insolvent or the actions otherwise are unlikely to materially benefit unsecured creditors.
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| Trustees/Examiners and Administration, U.S. Trustee, Jurisdiction & Venue and Courts Joint Meeting
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Program Materials
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Presented by:
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Business Bankruptcy
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Cochairs
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David W. Allard and Robert H. Brownlee
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Mark Deudall Alston & Bird, Atlanta, GA
J. Harrison Goldin Goldin & Associates, LLC, New York, NY
Sandra Mayerson Holland & Knight, New York, NY
John C. "Kit" Weitnauer Alston & Bird, Atlanta, GA
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| Claims, Priorities, Claims Trading and Labor and Employment Joint Meeting |
Program Materials
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Presented by:
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Business Bankruptcy
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Cochairs
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Susan Brandt, Bruce Borrus, Karen Gebbia-Pinetti & Richard M. Meth
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Ronald Sussman Kronish Lieb Weiner & Hellman, LLP New York, NY, New York, NY
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CLE Committee Forum:
Recharacterization of Leases: United Airlines and Other Recent Decisions
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Program Materials
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Presented by:
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Business Bankruptcy
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Honorable C. Ray Mullins, Judge, U.S. Bankruptcy Court for the No. Dist. of Georgia, Atlanta, GA
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Todd A. Gale Partner, Kirkland & Ellis LLP, Chicago, IL
William W. Kannel Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C., Boston, MA
Frances M. Toole, Trial Attorney, U.S. Department of Justice, Civil Division, Washington, DC
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| This forum will address recent decisions involving recharacterization of leases, including the recent decision in the United Airlines bankruptcy case.
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Presented by:
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Business Bankruptcy
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CLE PROGRAM:
Putting "Business" Into the Education of Business Lawyers
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Program Materials
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Presented by:
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Business Law Education
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Dean Dennis R. Honabach, Dean, Washburn University School of Law, Topeka, KS
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Kelly Frey Of Counsel, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN
James J. Hanks, Jr. Partner, Venable LLP, Baltimore, MD
George Kuney Associate Professor of Law and Director of the Clayton Center for Entrepreneurial Law, University of Tennessee College of Law, Knoxville, TN
Tina L. Stark President, Sark Legal Education, Inc., New York, NY
Professor Randall Thomas John S. Beasley Professor of Law and Business, and Director, Law and Business Program, Vanderbilt University Law School, Nashville, TN
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| Many new lawyers are ill-equipped to handle business matters, especially those that arise in transactional contexts. This panel of practicing lawyers and legal scholars will explore the problems and suggest ways that law schools and the bar can put business acumen and skills into the education of law students and new lawyers.
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CLE PROGRAM:
Non-Federal Question Class Actions: Recent Developments and Strategies
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Program Materials
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Presented by:
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Business and Corporate Litigation
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Chair
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Patrick T. Clendenen
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Kevin M. McGinty, Member, Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, PC, Boston, MA
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Kathryn E. Barnett, Partner, Lieff, Cabraser, Heimann and Bernstein, LLP, Nashville, TN
Michael C. Flynn Senior Vice President and Senior Counsel, World Savings, Oakland, CA
Joseph Ianno, Jr. Shareholder, Carlton Fields, P.A., West Palm Beach, FL
Marsha Rabiteau Vice President and Assistant General Counsel, The Hartford Financial Services Group, Hartford, CT
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| The program will discuss, among other things, the professional responsibility obligations of attorneys bringing and defending non-federal question class actions, including the requested definition of the class, the requested relief, including attorneys fees, and communications with class members. It will also deal with the professional responsibility obligations of both attorneys and judges in certifying and settling class actions, particularly as they relate to absent class members.
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CLE PROGRAM:
Annual Review of Developments in Business and Corporate Litigation
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Program Materials
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Presented by:
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Business and Corporate Litigation
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Rick Lambert, Partner, Godwin Gruber, LLP, Dallas, TX
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James DeLanis Shareholder, Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Nashville, TN
Jay A. Dubow Partner, Wolf, Block, Schorr and Solis-Cohen, LLP, Philadelphia, PA
Tom Alleman, Shareholder, Winstead Sechrest and Minick, PC, Dallas, TX
Barbara Sicalides, Partner, Pepper Hamilton, LLP, Philadelphia, PA
Susan MacIntyre Associate, Winston & Strawn, LLP, Washington, D.C.,
Janet McFadden Associate, Drinker Biddle & Reath, LLP, Washington, D.C.,
Stephen D. Poss Partner, Goodwin Procter, LLP, Boston, MA
Lisa Rothman Jesner Associate, Jones Day, New York, NY
Kevin R. Shannon Partner, Potter Anderson & Corroon, LLP, Wilmington, DE
Honorable Myron T. Steele Judge, The Delaware Supreme Court, Dover, DE
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| The authors of the highly acclaimed Annual Review of Developments in Business and Corporate Litigation bring to you in this session the highlights and up-to-date developments for various areas covered by the 2005 Edition of the book. The topics are broken down into three panel discussions titled: "Corporate Governance," Corporate Crisis," and "Corporate Solutions." Leading authorities, who specialize in the areas reviewed, will concisely summarize important developments and provide a valuable resource for your law practice when you are asked to consider issues that cross over areas of specialty or issues on which you may not be fully current.
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Presented by:
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Business and Corporate Litigation
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Cochairs
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Paul J. Masinter & Abigail Pessen
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Abigail Pessen, Principal, Mediation Services, New York, NY
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Professor John S. Baker, Jr. Professor, Paul M. Hebert Law Center, Louisiana State Univ., Baton Rouge, LA
Robert S. Brandt Attorney, Trauger, Ney & Tuke, Nashville, TN
John S. Hicks Attorney, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN
Kathleen M. Scanlon Special Counsel, Heller Ehrman White & McAuliffe, LLP, New York, NY
P. Jean Baker, Vice President, American Arbitration Association, Washington, DC
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| The Committee Forum will discuss some of the current problems and provide examples of how to minimize their impact. It will also discuss arbitration "hot topics" such as class-wide arbitration , arbitration of employment claims and arbitration of consumer claims.
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Presented by:
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Commercial Financial Services
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Gary W. Sawyers Law Offices of Gary W. Sawyers, Fresno, CA
T. Randall Wright Baird Holm McEachen Pedersen Hamann & Strasheim, Omaha, NE
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| Lenders Beware: The FSA Wants (to Audit) You. |
CLE PROGRAM:
Zone of Insolvency: Lender Liability in the New Millennium
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Program Materials
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Presented by:
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Commercial Financial Services
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Chair
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Gerald L. Blanchard
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Gerald L. Blanchard, Powell Goldstein LLP, Atlanta, GA
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Jesse Austin Partner, Paul Hastings Janofsky & Walker, Atlanta, GA
Honorable Mary Grace Diehl US Bankruptcy Judge, Northern District of Georgia, US Bankruptcy Judge, Northern District of Georgia, Atlanta, GA
James R. Kelley Member, Neal & Harwell, Nashville, TN
John C. Weitnauer Partner, Alston & Bird, Atlanta, GA
Robert Agler, The CIT Group, Inc., Chicago, IL
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| The Program will provide an overview of recent lender liability cases with a focus on developing trends in larger bankruptcy cases. Particular attention will be spent on the application of traditional lender liability theories to today's more complex financial transactions and the development of new theories such as the tort of deepening insolvency.
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CLE Committee Forum:
When Godzilla Meets Bambi: Securities Law Issues for Finance Lawyers
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Program Materials
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Presented by:
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Commercial Financial Services
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Lynn A. Soukup, Partner, Alston & Bird, LLP, Washington, DC,
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Karl A. Groskaufmanis Partner, Fried, Frank, Harris, Shriver & Jacobson, LLP, Washington, DC,
Scott Holz Senior Counsel, Board of Governors of the Federal Reserve System, Washington, D.C.,
Mary Anne O'Connell, Member, Husch and Eppenberger, LLC, St. Louis, MO
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| Federal securities laws affect the lender/borrower relationship and the lenders right to deal with its collateral (if the collateral is a security). Join us for a discussion of how securities law issues impact transaction planning, loan documentation, defaults and remedies, as well as intersections between the securities laws and UCC articles 8 and 9.
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Presented by:
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Commercial Financial Services
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Cochairs
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Steven O. Weise and Teresa Wilton Harmon
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Steven O. Weise, Shareholder, Heller Ehrman White & McAuliffe, LLP, Los Angeles, CA
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John E. Murdock, III, Member, Boult, Cummings, Conners and Berry, PLC, Nashville, TN
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| Review of commercial law developments, including secured transactions, notes, investment property and sales.
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Presented by:
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Commercial Financial Services
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John C. "Jack" Murray Vice President Special Counsel, First American Title Insurance Company, Chicago, IL
Margery N. Reed Partner, Duane Morris, LLP, Philadelphia, PA
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| The program will focus on issues related to prepayment premiums both "inside" and "outside" the bankruptcy context. The program will include issues related to yield maintenance provisions, "exit fee" provisions, and defeasance provisions. The analysis will include recent cases, sample loan document provisions and title insurance implications.
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Presented by:
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Community Economic Development
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Cochairs
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Marni H. Wright and Russell Brien
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George W. Loveland, II, Attorney, Kiesewetter Wise Kaplan Prather, PLC, Memphis, TN
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Brian Gunn Associate, Gardner Carton & Douglas, Washington, D.C.,
Kimberly Lewis business Park Manager, Wild Horse Pass Development Authority, Chandler, AZ
Jonodev Osceola Chaudhuri Attorney, Snell & Wilmer, LLP, Phoenix, AZ
Bradley G. Bledsoe Downes, Of Counsel, Dorsey and Whitney, LLP, Irvine, CA
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| This program is designed to provide business lawyers with a basic overview of the evolution of tribal gaming, economic development projects occurring on reservations and current developments in federal law and programs affecting economic development in Indian country.
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CLE PROGRAM:
The Irresistible Attractions of State Courts: Tactics, Strategies, and Ethics of Forum Selection
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Program Materials
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Presented by:
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Consumer Financial Services
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Cochairs
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Therese G. Franzen and Nina F. Simon
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Therese G. Franzen, Partner, Franzen and Salzano, PC, Norcross, GA
Nina F. Simon, Senior Attorney, AARP Foundation Litigation, Washington, D.C.,
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Irv Ackelsberg, Managing Attorney, Community Legal Services, Inc., Philadelphia, PA
Craig A. Varga Partner, Varga Berger Ledsky Hayes & Casey, PC, Chicago, IL
Daniel Hedges Managing Attorney, Mountain State Justice, Charleston, WV
Julia B. Strickland Partner, Stroock & Stroock & Lavan, LLP, Los Angeles, CA
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| Is state court a more advantageous forum for consumer litigation? Can state-based theories of recovery be used to redress violations of federal law? What are the ethical considerations in abandoning a federal claim to preserve state court jurisdiction or in seeking removal or change of venue? These questions and more will be considered in an interactive panel discussion.
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Presented by:
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Consumer Financial Services
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Presented by:
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Consumer Financial Services
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Chair
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Eric J. Mogilnicki and Marjorie A. Corwin
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Marjorie A. Corwin, Member, Gordon Feinblatt Rothman Hoffberger & Hollander, Baltimore, MD
Eric J. Mogilnicki, Associate, Wilmer Cutler Pickering Hale and Dorr, LLP, Washington, DC,
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Andrea Gribble Supervisory Counsel and Chief, Financial Crimes Group, Federal Deposit Insurance Corporation, Washington, DC,
Mark M. Malovos Assistant Vice President, Senior Counsel, New Century Mortgage Corporation, Irvine, CA
Stuart B. Wolfe Partner, Wolfe & Wyman, LLP, Irvine, CA
John Coliano, Supervisory Special Agent, Federal Bureau of Investigation, Washington, DC
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| Devious attempts to eliminate consumer debt through circulation of worthless drafts, filing of unintelligible complaints, and instigation of other deceptive arrangements are proliferating. These scams can result in costly losses for lenders who fail to respond appropriately and for consumers who pay substantial sums for assistance but are never helped. A panel discussion of these issues will shed light on these dark schemes.
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CLE PROGRAM:
Frederick Fisher Memorial Program: Banking on the Unbanked--The Last Consumer Financial Services Frontier?
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Program Materials
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Presented by:
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Consumer Financial Services
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Lawrence A. Young, Partner, Hughes Watters & Askanase, LLP, Houston, TX
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Joseph A. Smith, Jr. Commissioner of Banks, North Carolina Office of the Commissioner of Banks, Raleigh, NC
Barry R. Wides Deputy Comptroller, Community Affairs, Office of the Comptroller of the Currency, Washington, D.C.,
Kathleen E. Keest, Center for the Responsible Lending, Durham, NC
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| Panel discussion will explore: Who is serving the unbanked with money transmitting, payroll cards, check cashing, prepaid debit cards, pawn and rent to own? Will banks and other financial service providers enter this market? Are fees paid by the unbanked reasonable or abusive? What changes are foreseen to the state and federal regulatory environment governing financial services to the unbanked?
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CLE PROGRAM:
The Buzz About the Blend: Defining and Evaluating Blended Learning Options for Compliance Training
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Program Materials
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Presented by:
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Corporate Compliance
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Stephen M. Paskoff, President, Employment Learning Innovations, Inc., Atlanta, GA
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Moanica Caston, Workplace Ethics Manager, Georgia Power Company, Atlanta, GA
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| "Blended" compliance training solutions are often touted as the best way to consistently and efficiently reach large employee populations. In this interactive session, panelists will discuss how their companies define blended learning, the pros and cons of various development and delivery methods, and best practices for implementing effective training that reaches all levels, minimizes risk, and positively impacts the workplace.
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CLE PROGRAM:
Drowning in Data? Electronic Document Retention as an Essential Component of an Overall Compliance Program
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Program Materials
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Presented by:
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Corporate Compliance
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