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September 2008

September 9  State Tort Remedies for Consumers: Here Today, Gone Tomorrow? Assessing the Supreme Court Preemption Cases, Teleconference and Webcast This program will explore the implications of the Supreme Court’s recent decisions regarding the federal preemption of consumer remedies against manufacturers of medical devices and drugs. Panelists will also examine two upcoming cases involving cigarette manufacturers and prescription drugs, their importance to litigators, and their potential impact on the availability of state common-law remedies against manufacturers of products subject to federal regulation. Sponsored by: Section of Litigation and the ABA Center for Continuing Legal Education.

September 10  Double Dipping in Divorce, Teleconference and Webcast  This session will address the concept that is frequently described as "double dipping" and its relevance in matrimonial cases to the division of property and the awarding of alimony/child support.  The double-dip issue questions whether the same excess income should be used to value an asset and considered a source for the payment of alimony and support.  Sponsored by: Section of Family Law and the ABA Center for Continuing Legal Education.

September 10  Howard Stern and Unilateral Effects: Lessons From the XM-Sirius Satellite Radio Merger, Teleconference and Webcast  This program will examine the antitrust issues surrounding the XM-Sirius satellite radio merger and debate the implications of the Department of Justice’s analysis as set forth in the agency’s closing statement issued on March 24. Key legal issues to be examined include the role of efficiencies, impact of future technological developments and market definition issues affecting the DOJ’s analysis. Sponsored by: Section of Antitrust Law Mergers & Acquisitions Committee, Federal Civil Enforcement Committee, Communications Industry Committee and Computer and Internet Committee, and the ABA Center for Continuing Legal Education.

September 11  The Foreign Corrupt Practices Act: Current SEC and DOJ Enforcement Initiatives, Teleconference, Live Audio Webcast and Live Program at the Capital Hilton  The Securities Exchange Commission and the Department of Justice have opened more Foreign Corrupt Practice Act investigations in the last two years than any other comparable period since the act’s passage in 1977. Judge Stanley Sporkin and senior DOJ and SEC officers will explain the complexities surrounding this act, including guidance on current enforcement initiatives and insight into future trends. Sponsored by: Criminal Justice Section and the ABA Center for Continuing Legal Education.

September 16  ABA 2007 Model Code for Public Infrastructure Development, Teleconference and Webcast  Following the collapse of Interstate 35 West in Minnesota last August, public infrastructure has become an area of concern, particularly for construction industry firms, financial service firms and their counsel. This teleconference will explore the Model Code for Public Infrastructure Development, including best practices in public procurement and the flexibility of MC PIP, among other issues. Sponsored by: Section of Public Contract Law, Section of State and Local Government Law and the ABA Center for Continuing Legal Education.

September 16  Critical Issues in Estate Administration, Part One of the Essential Issues in Trust and Estate Law 2008, Teleconference and Webcast  This comprehensive session will provide an overview of critical issues on estate administration, such as marshaling the assets of the estate, preparing the inventory and defending the estate from claims.  Sponsored by: Section of Real Property, Trust and Estate Law, the Young Lawyers Division and the Center for Continuing Legal Education.

September 17  Wrangling Over Water Rights, Teleconference and Webcast  Under growing pressure from population growth, development, increasing agricultural demands and uncertainty about the effects of climate change, the fight for water between cities, urban and rural areas has escalated. With this issue emerges new legal concerns that environment, energy, real estate, development and government lawyers, in particular, must be aware of. This teleconference will explain the legal issues and how battles differ from state to state. Sponsored by: ABA Center for Continuing Legal Education.

September 18  Avoiding Common Mistakes Associates Make in Client Communications, Teleconference and Webcast  Developing effective communication skills is critical for associates’ success in client relations. In this program, panelists will provide guidance for a variety of scenarios, including responding to client voice messages, telling clients you failed to file a motion on time and delivering other critical messages to clients. Sponsored by: Law Practice Management Section, Young Lawyers Division and the ABA Center for Continuing Legal Education

September 18  Food for Thought: Considerations in Negotiating & Drafting Food and Restaurant Leases, Teleconference and Webcast  A panel of landlord and tenant representatives will lead this discussion on drafting and negotiating restaurant leases. Strategies for successful negotiation will be discussed as well, with a focus on boilerplate provisions. The program will also cover the different types of food and beverage establishments and the considerations necessary for drafting comprehensive leases for each type. Sponsored by: Section of Real Property, Trust and Estate Law and the ABA Center for Continuing Legal Education.

September 18  Telemedicine and E-Prescribing: Evolving Ethical, Licensing and Reimbursement Rules and Realities, Teleconference and Webcast  H.R. 6331, recently passed by Congress on July 16, and a series of federal and state legislative regulatory reforms are eroding traditional obstacles to the use of telemedicine and e-prescribing practices. Despite its growing acceptance, physicians and other providers must navigate a minefield of ethical, licensing, prescribing and other legal operational challenges. This teleconference will explore these areas and many others, including evolving trends, multistate e-prescribing practices and regulatory developments. Sponsored by: Health Law Section and the ABA Center for Continuing Legal Education.

September 26  National Institute on Criminal Enforcement of Intellectual Property Rights, Live Program  Defense lawyers, prosecutors, policymakers and others will gather at the Hotel Nikko, San Francisco, to explore criminal enforcement of intellectual property rights, legal strategies, parallel proceedings and ethical issues in intellectual property enforcement. Sponsored by: Criminal Justice Section and the ABA Center for Continuing Legal Education in cooperation with the Section of Intellectual Property Law.

Additional Programs:

September 9  Practical Aspects of Special Needs Planning Part 3: Proceed with Caution — Things to Watch for in Special Needs Trusts Administration, Teleconference and Webcast

September 23  Employment Discrimination Law in Action, Teleconference and Webcast

September 23  Housing Economic Recovery Act of 2008: Changes and Opportunities for Low-Income Housing Tax Credits Under Section 42, Teleconference and Webcast

September 30  Ethics & E-Discovery: “Reasonable Inquiry” in the Wake of Qualcomm v. Broadcom, Teleconference and Webcast

For additional program information, please visit the ABA Center for CLE

With more than 413,000 members, the American Bar Association is the largest voluntary professional membership organization 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.

Note: Accredited reporters are welcome to attend these programs for free. Contact Tamiko Lee at leet@staff.abanet.org to arrange for news credentials. All others may register by calling the ABA Service Center at 800/285-2221.

 

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