ABA Section of Business Law

The 21st century has opened with breath-taking speed-- exponential globalization and growth of technology have become the norm. But how do these mega-trends affect minority lawyers, and their role in the global economy? Join us in a conversation with several distinguished general counsel, past and present, who will share their views on how globalization and technology will shape our careers, and how to take advantage of the changes to come.

Speakers:

• Mike Dillon, Executive Vice President, General Counsel and Corporate Secretary, Sun Microsystems, Inc., Santa Clara, CA
• Carol Lam, Senior Vice President and Legal Counsel, QUALCOMM, Inc., San Diego, CA
• Simon Y. Leung, General Counsel, SYNNEX Corporation, Fremont, CA
• Laura Stein, Senior Vice President - General Counsel, The Clorox Company, Oakland, CA

China's and Latin America's economic growths are having a profound impact on the world economy. This panel presentation by M&A advisors with extensive experience in China and Latin America will discuss practical aspects of doing deals in China and Latin America, including what is different and what is the same as in U.S. M&A.

Speakers:

• David Cibrian, Partner, Strasburger & Price, LLP, San Antonio, TX
• Wena Poon, Associate, Reed Smith, San Francisco, CA
• Suzette Recinos, Senior Counsel, Pitney Bowes, Inc., Stamford, CT
• Kandace Watson, Partner, Baker & McKenzie LLP, San Diego, CA
• Wanli Xu, Associate, Nixon Peabody LLP, Palo Alto, CA

Electronic discovery is a significant issue today in most intellectual property (IP) litigation, and judges have substantial expectations of corporate counsel and outside counsel who manage the discovery process. Notwithstanding the 2006 electronic discovery amendments to the Federal Rules of Civil Procedure, recent judicial decisions continue to reveal shortcomings in the preservation, collection and production of electronic information in particular IP cases. In this session, an outstanding faculty of experienced corporate and outside counsel will provide an inside look at the evolving interpretation of the electronic discovery amendments to the Federal Rules of Civil Procedure, and the best practices that corporate counsel and outside counsel are utilizing to meet judicial expectations with respect to electronic discovery in IP litigation. These best practices include, among other things: planning, implementing and defending electronic discovery procedures; preparing for, taking and defending Rule 30(b)(6) depositions of information technology personnel; collecting and reviewing large volumes of complex electronic information; and utilizing experienced vendors and available technological tools to increase efficiency and reduce mistakes in the electronic discovery process.

Speakers:

• Ian Feinberg, Partner, Mayer Brown LLP, Palo Alto, CA
• Laura Kibbe, Director, Thomson Litigation Consulting, Stamford, CT
• Eric Ortman, Manager, Litigation Support, Novartis Vaccines & Diagnostics, Inc., Emeryville, CA

Good ideas deserve to be protected by patents in order to keep others from them. Since there are a lot of good ideas, there are many patent infringement lawsuits. It is a good idea to know if you have insurance coverage for patent litigation. This program will center on insurance coverage of patent litigation expenses, including what types of insurance policies are available for patent litigation, discussions of CGL policies, and what litigation expense and damage awards may be covered under a typical policy, directly and indirectly, as well as new ways to finance patent litigation expenses.

Speakers:

• Tarek N. Fahmi, Partner, Sonnenschein Nath & Rosenthal LLP, Silicon Valley, CA
• Michael A. Shimokaji, Shareholder, Shimokaji and Associates, P.C., Irvine, CA

Universities embody liberal principles of unfettered intellectual inquiry and free expression. At the same time, universities seek to foster an environment where racial, ethnic, religious and sexual minorities are not subjected to insult and harassment. This panel will focus on the critical juncture where these values collide in student and student-sponsored speech that may challenge or offend the sensibilities of other members of the university community. A distinguished panel of lawyers, university administrators, law professors and journalists will explore the conflicts inherent in campus speech codes, university sponsorship of student publications, student-sponsored events involving controversial speakers, and other settings in which universities seek, or decline to seek, to moderate, control or censor student speech.

Speakers:

• Catherine J.K. Sandoval, Assistant Professor of Law, Santa Clara University School of Law, Santa Clara, CA
• Paul J. Beard II, Principal Attorney, Pacific Legal Foundation, Sacramento, CA

Traditional affirmative action programs seek to address the effects of past discrimination and to encourage institutions to be more representative of the populations they serve. Some, however, view affirmative action as "reverse discrimination" and "unwarranted preferences". This opposition has led to many legal challenges to these programs, through the courts, legislation, and voter initiatives, such as California's Proposition 209. This panel will explore the importance that an increasing number of states are placing on strengthening their inclusive business policies and programs and the variety of legislative and administrative approaches they have developed to increase contracting to MBEs, within the legal constraints. In addition, the panel will evaluate the establishment of BIDs in low-income, predominantly minority-owned business districts as a tool toward economic and community stabilization. The panel will discuss the legal process for the establishment of a BID and describe a BID established recently in a minority community in Detroit.

Speakers:

• Roger A. Clay, Jr., Director, Insight Center for Community Economic Development, Oakland, CA
• Jenny Chung, Attorney, Insight Center for CED, Oakland, CA

In-house counsel and private practitioners confront the challenge of counseling clients on a wide range of antitrust matters, including such as pricing/ discounting policies, strategic alliances or information exchanges with competitors), and the use or development of intellectual property. These attorneys seek to minimize their clients' antitrust exposure in an environment of large scale government investigations and class action litigation, a task made more difficult by legal standards that are sometimes not clear, agreed upon, or straightforward. We have assembled an expert panel of government and private practitioners on the frontlines of enforcement and counseling activity to provide up-to-date insights into the key legal and case developments in these areas. The program is designed to provide you practical advice on counseling clients facing potential investigative or litigation challenges, and how to help clients avoid such challenges in the first place.

Moderator:

• Leslie C. Overton, Partner, Jones Day, Washington, DC

Speakers:

• Eugene A. Burrus, Senior Attorney, Microsoft Corporation, Redmond, WA
• Albert Y. Kim, Federal Trade Commission, Bureau of Competition, Washington, DC
• Niall E. Lynch, Assistant Chief, San Francisco Field Office, U.S. Department of Justice Antitrust Division, San Francisco, CA
• Henry C. Su, Partner, Howrey LLP, East Palo Alto, CA

In the constantly evolving landscape of domestic partnership, civil union, and marriage laws for same-sex couples, it is increasingly difficult for attorneys to identify issues and provide advice regarding the legal needs of lesbian and gay clients and those with whom they interact. Complying with these changing laws can be a troubling source of erroneous advice and, in some instances, malpractice.

This program will briefly review the new laws that affect same-sex couples, with a particular focus on the new domestic partnership laws in California. The panel also will provide practical advice to attorneys on spotting critical legal and tax issues, providing meaningful counsel in an era of legal and tax uncertainty, and avoiding malpractice liability when advising clients.

Topics will include advising clients on whether or not to register and/or marry, identifying business and real estate transactions where the "marital" status of the lesbian or gay client is relevant, ascertaining the legal status of lesbian and gay clients and partners, handling the estate planning, probate, powers of attorneys and other healthcare decisions for gay couples, and counseling clients in the dissolution of domestic partnership/civil unions.

Speakers:

• Frederick C. Hertz, Principal, Law Offices of Frederick C. Hertz, Oakland, CA
• Alma Soongi Beck, Principal, The Beck Law Group, San Francisco, CA
• Algera M. Tucker, Principal, Tucker Family Law Practice, Oakland, CA

PowerPoint has become the medium of choice for presentations in the legal and business worlds--in both the courtroom and boardroom. Learn how to become a master in making PowerPoint presentations that are engaging and persuasive. This program will feature tips from the experts, including renowned lawyers who have used PowerPoint to achieve spectacular results with juries and corporate boards.

Moderator:

• Alex A. L. Ponce de Leon, Associate, Pillsbury Winthrop Shaw Pittman LLP, San Francisco, CA

Speakers:

• Richard G. Cedillo, Shareholder, Davis, Cedillo & Mendoza, Inc., San Antonio, TX
• Jeannie Yoo Sano, Partner, Howrey, LLP, East Palo Alto, CA
• Jane K.P. Tam, Partner, Holland & Knight, McLean, VA

Attendees, grouped by age and experience, will participate in interactive workshops designed to provide a free-form discussion of many of the issues important to minority lawyers.

1. Lawyers w/less than 5 years experience
   Facilitators: Cindy Carla Avitia, Congressional Assistant, Office of Congresswoman Zoe Lofgren, San Jose, CA and Riya Kuo, Associate, Wilson Sonsini Goodrich & Rosati, Palo Alto, CA
   
   
2. Lawyers w/ 5 - 9 years experience
   Facilitators: Karen K. Russell, Associate, Davis Wright Tremaine LLP, Seattle, WA and Jennifer Weddle, Associate, Holland & Hart LLP, Denver, CO
   
   
3. Lawyers w/ 10+ years experience
   Facilitators: Roberta S. Hayashi, Partner, Berliner Cohen, San Jose, CA and Richard A. Soden, Partner, Goodwin Procter LLP, Boston, MA
   
   

Like all lawyers, we strive for professional success. But whose measure of success are we using? Is pursuit of professional status, acclaim, and respect from our colleagues really a pursuit of approval from "white" society? Does pursuit of professional success reflect a disassociation from the values of our own cultures and communities? If we seek to do well by the standards of the mainstream culture in America, are we "selling out"? If we do not choose to return to our communities as public interest lawyers, civil rights activists, or storefront solo practitioners, are we somehow betraying our communities? And, if we happen to be perceived as "sellouts," how do we react and respond? Come join us to find out!

Moderator:

• Joan M. Haratani, Partner, Morgan Lewis & Bockius LLP, San Francisco, CA

Speakers:

• Jeff Adachi, San Francisco Public Defender, San Francisco, CA
• Heather Dawn Thompson, Government Affairs Director, National Congress of American Indians, Washington, DC
• Lindbergh Porter, Jr., Shareholder, Littler Mendelson P.C., San Francisco, CA
• John D. Trasviña, President and General Counsel, Mexican American Legal Defense and Education Fund, Los Angeles, CA

Just when we finally got a handle on email, the ways we communicate and the hi-tech devices we use, instant messaging, blogging, social and business networking websites, and wireless everything have combined to create a potential new minefield for employers. Companies need to move quickly to stay in step with employee communications with coworkers and third parties, and how these communications impact the company's legal risks and rights from an employment law perspective. Some of the topics covered by this panel will be: Should employers have blogging policies? If so, what should they look like? How do comments made on an employee's MySpace page by a coworker impact a harassment claim? Can the company be held accountable for a reference provided via LinkedIn? Does the company have the right to monitor IM usage, and should it? If an employee has a car accident while texting the office, is the company liable? How do all of these communications play out in litigation?

Speakers:

• Michael Battle, Senior Attorney, Labor and Benefits Law Group, Microsoft Corporation, Redmond, WA
• Amy Lambert, Managing Counsel, Employment Legal Services, Google, Mountain View, CA
• Karen E.C. Sullivan, Director, Employment Law, Sun Microsystems Inc., Menlo Park, CA
• Eric Amdursky, Partner, O'Melveny & Myers LLP, Silicon Valley, CA

One feature that distinguishes Silicon Valley practice is the ever-increasing specialization of its lawyers. Some types of learning, however, are difficult to foster. Attorneys also need to actively direct how their career is developing. They need to learn to diagnose their own strengths and weaknesses. They also need to be taught to evaluate in what setting they will be the happiest practicing law. The Santa Clara County Bar Association's President's Commission is developing an annual program directed at "mid-level" attorneys--attorneys with five to ten years of experience--that would address issues that arise as lawyers make the transition from skills-acquisition to well-rounded professionals.

A hands-on workshop where you will learn leadership skills to reach your career goals by capitalizing on your assets, without compromising your values and heritage. These leadership skills can be learned and applied in a variety of situations that we encounter in our practices-- when starting a new job, developing clients (within or outside your organization), participating in meetings, or working as a team member.

Join us for an open forum for lawyers interested in discussing the declining numbers of African American and Hispanic law students.

In a historic first, leaders of the national minority bar associations will hold a town hall meeting for minority lawyers from across the country. The floor will be open for minority lawyers at the conference to voice their views on what minority lawyers and their bar associations should be doing in the years to come. Don't miss this unique opportunity to be part of the dialogue that will begin the process of setting our shared priorities for the next decade!

Speakers:

• Vanita Banks, President, National Bar Association, Northbrook, IL
• Helen B. Kim, Partner, Katten Muchin Rosenman LLP, Los Angeles, CA and President, National Asian Pacific American Bar Association
• Victor M. Marquez, The Marquez Law Group, San Francisco, CA and President, Hispanic National Bar Association
• Heather Dawn Thompson, Governmental Affairs Director, National Congress of American Indians, Washington, DC