• Welcome
• Register Online
• Brochure
• Social Events
• CLE
• Sponsors

August 3-7, 2006
TIPS in
Paradise
Sheraton
Waikiki
Oahu, HI

Continuing Legal Education

 

Learn from some of America’s greatest lawyers and judges in this beautiful tropical setting. A lush variety of seminars await you, with the very latest information covering a vast array of developments in specialized areas of the law. Join us for The Perfect Storm, a seminar drawing lessons from the Katrina disaster that will help us prepare and respond better in the event of a disaster. Learn how to counsel your clients on bad faith, explore the ethical issues of undercover investigations, learn how to protect intellectual property secrets, explore topics in toxic torts and more! TIPS cutting-edge seminars will apprise you of the latest developments in the law from topics as diverse as animal law to the rights of the terminally ill, and everything in between. Learn unique and effective cross examination techniques from legendary trial attorney and author, TERENCE F. MACCARTHY. All this and more will be provided by TIPS at the Annual Meeting. Best of all, the seminars are scheduled to be over by early afternoon, so you can enjoy the beaches and beauty of Hawaii. Aloha!

Very Truly Yours,

Janice F. Mulligan
Annual Meeting Program Chair
MULLIGAN & BANHAM
San Diego, CA

---

Friday | Saturday | Sunday

---

 

Friday

7:30 am – 9:00 am

Decoding ERISA and Employee Benefits:A Primer for the Non-Specialist
This three-part program will tackle the current issues facing non-specialists in the ERISA and Employee- Benefits fields.
Preemption
Our seasoned experts will guide you through the basics of ERISA preemption in federal courts. Discover whether claims for insurance bad faith, unfair trade practices, promissory estoppel and other third-party claims are preempted under the current laws and what the future may hold in terms of preemption.
Trials or Only Tribulations?
The procedural aspect of litigating an ERISA case is both relatively simple and strangely complex—depending on the standard of review. If there is not a right to a jury trial under ERISA, what is the proper method of trying an ERISA case? How, when and under what circumstances do you try an ERISA case? Our faculty, with representatives from both the plaintiff and defense bars, will answer these questions and offer practical pointers to enhance your practice.
Recent Developments - Retiree Benefits
With the New York Transit strike, GM, the airline industry and others making headlines over benefit disputes, what will it mean for the future of pension and welfare benefit plans? Our faculty will discuss the various pressures on welfare benefit plans and employee-participants from both the employer and employee point of view.

Keep it Secret, Keep it Safe: Protecting Intellectual Property and Trade Secrets
If you represent an entity with IP and/or trade secrets (and what entity these days does not have at least some of these assets?), or represent an employee either starting or terminating employment with an entity having IP and/or trade secrets, this three-part program will serve as a crash course through this dynamic area of law.
The Fundamentals of Intellectual Property Law
Our Expert faculty will lead you through a refresher course on the fundamentals of patent, trademark, copyright, and trade secret law.
License and Non-Compete Agreements
What types of intellectual property and trade secrets can be protected through non-compete and license agreements? Learn the mechanics and nuances of drafting non-compete and license agreements to protect the widest range of intellectual property and trade secrets, and discover other avenues for protecting these assets.
Playing Offense
Find out what happens when non-compete, license, or other agreements drafted to protect intellectual property and/or trade secrets are breached, and explore the many legal remedies available.

11:30 am – 1:00 pm

Hot Topics in Toxic Tort and Environmental Law
This program continues the tradition of excellent annual meeting programs co-sponsored by environmental and toxic tort sections of the ABA. This panel discussion analyzes significant decisions and trends in environmental and toxic tort law over the past year. Geared to the environmental and toxic tort practitioner and those who deal with environmental compliance issues, this year’s program promises to be a vital addition to your annual meeting experience.

Terence MacCarthy Teaches His Famous Cross Examination Method
See one of America's top trial lawyers, Federal Defender Terry MacCarthy, walk you through his tried and true cross examination method. A testament to this simple yet powerful method, his opponents are now teaching it to their lawyers.Terry has awed and entertained audiences across the country with this cross examination method. Whether you have seen Terry before or not, this is a “can’t miss” presentation.

Gonzales v. Oregon—Lessons for States,Terminally Ill, And Schiavo Patients
Not too many years ago, the U.S.S. Ct. told us that as Americans we do not have a federally protected Constitutional right to be assisted in our demise if we are terminally ill. Embedded within that decision was an observation that, “Americans are engaged in an earnest and profound debate about the morality, legality, and practicality of physician-assisted suicide”, as well as a directive that the “laboratory of the states” should be where efforts and analysis to assist such individuals in their last days should be undertaken. The state of Oregon took up this “gauntlet” and passed its Death With Dignity Act which has now withstood all legal challenges through the January 17, 2006 decision by the United States Supreme Court in Gonzales v. State of Oregon.The Court has now declared that the Attorney General was not given any statutory authority under the federal Controlled Substances Act to declare it is not a legitimate medical purpose to prescribe drugs to assist a person who is terminally ill.

The case clears the path for states to enter this legislative arena, as Oregon did. Is this appropriate? Should it be appropriate? Is this a benefit for the “Baby Boomer” generation? Is this a harbinger of a slippery slope for patients such as Terri Schiavo? What are the legal, medical, ethical, religious and social implications of the court's ruling? These questions, and others, will be addressed in a 90 minute “roundtable” discussion by esteemed panel members from medicine, law, ethics and patient advocacy. This is anticipated to be a fascinating and captivating dialogue and discussion.

Back to Top

Saturday

7:30 am – 9:00 am

When “No Pets Allowed” No Longer Applies
Laws Impacting Senior Citizens and their Companion and Service Animals
Now that the Baby Boomers are joining AARP and more Americans live with animals than children, there is a need to address the legal intersection between the elderly and animals. This program will examine laws that support elder interests as they apply to animals: be it a traditional service animal, such as a seeing-eye dog; an emotional service animal that provides psychological benefits such as companionship, comfort, and security or that ease the daily manifestations of chronic or episodic disorders; or the companion animal. Using a hypothetical case scenario, our diverse panel comprised of a law professor, litigators, a lawmaker and a veterinarian, will give special attention to tort and insurance issues pertaining to senior citizens residing with animals and their ability to care for them in the event of their death or hospitalization. The program will look at federal laws, elements of torts, applicable damages and the availability of insurers.

With introductory remarks from Richard Turbin, Past President of the Hawaii Bar Association, and a message from Koko the Gorilla and Dr. Francine Patterson of the Gorilla Foundation.

Topics covered will include: Federal and state statutes permitting senior citizens to live with animals • Leading tort cases • Emerging evidentiary issues • Insurance coverage that indemnifies housing providers and members condo or co- op boards for damages resulting from discriminatory acts • Gaps in insurance coverage in homeowner, medical and disability policies for animal care • Gaps in coverage for pet insurance • Drafting “animal trusts” and exploring alternatives when trusts are unavailable

Avoiding Fraud and Bad Faith: Counseling Your Clients on the Procurement of Insurance Policies
Join our panel of experts as they reveal practical ways to avoid potential bad faith involving representations made in the insurance application process and rescission of an insurance policy. Learn to recognize and avoid the common missteps involving various common lines of insurance that may arise in any number of situations. Our panel will address the requirements for establishing bad faith and bad faith-type damages. Bad faith statutory standards, as they pertain to the circumstances surrounding rescission of an insurance policy, will also be addressed.

11:30 am – 1:00 pm

Covering Your Risks: Cutting Edge Strategies and Potential Liabilities for Captive Insurers
Our expert faculty will address the latest US domestic and foreign formation requirements and advantages, including tax. Explore the emerging issues, including receivership of fronting carriers, “cut-throughs” to reinsurance protection, protected cells, “limited” liability, and employee benefits coverage. The program will conclude with an in-depth examination on the impact of Sarbanes-Oxley/corporate governance and law enforcement agency investigations. The faculty members will bring to bear their unique perspectives as practicing lawyers, in-house counsel, regulators and representatives of the captive market. Substantive papers and reference materials on these issues will be provided, along with a PowerPoint outline of the panel discussion.

Back to Top

Sunday

7:30 am – 9:00 am

Food Fights: Genetically Modified Food and the Law
Genetically modified foods—agricultural breakthrough or a threat to our food system? This is one of the hottest ethical and legal debates of the new millennium. This program will focus on the various legal issues in agricultural biotechnology from a variety of perspectives. Our faculty will analyze this emergent area of U.S. and International law and explore the methods attorneys have been using to prosecute and defend claims that genetic modification has caused harm to the food supply. Both theories of recovery against companies engaging in agricultural biotechnology and defensive and preemptive measures available in the face of litigation will be addressed. This program will also discuss litigation against agribusinesses, the potential risks and benefits of genetic modification of food products, the Mission Corn Tortilla case and the potential impact on the nation’s food supply. The science and methods used to genetically modify food and government regulations that specifically apply to it will be addressed. There will also be ample opportunity to voice other issues and concerns in the question and answer session.

Has My Electronic Evidence Gone Bad? Hot Topics in E-Discovery and Spoliation
In light of the new federal rules addressing e-discovery, our panelists will teach you how to avoid the various snares in responding to electronic discovery demands, including potential spoliation of evidence. Once recognized, these pitfalls are easy to avoid. Ignoring them, on the other hand, can result in a weaker case, serious sanctions or even criminal prosecution. Unintentional spoliation of electronic evidence is no excuse. In this electronic age, it is critical for anyone responding to e-discovery demands to be well-versed in these issues.

9:30 am - 11:00 am

*ABA General Session*
The Perfect Storm: Preparation, Response & Recovery Section
This session will examine the challenges facing the nation, and particularly the legal profession, when disasters like Hurricane Katrina or a terrorist attack occur. Panelists will examine an array of issues under the topics of preparation, response, and recovery, including what lessons have been learned, the roles of local, state and the federal governments, as well as private concerns, including the bar, restoration of basic services and legal structure, and issues for consumers, lawyers and business.

11:30 am – 1:00 pm

It’s Not Elementary, My Dear Watson: Undercover Investigations, Attorney/Client Privilege, and Other Legal and Ethical Issues
Are undercover investigations by lawyers ethically permissible? How does attorney/client privilege apply to fact investigations? Can ex parte communications be used in investigations? Our expert panelists, including a regulatory litigator,Assistant U.S.Attorney, former government regulator and a trial lawyer, will tackle these questions and delve into recent developments in the law and the legal ethics that shape how government, regulatory, and trial lawyers conduct fact investigations. Learn how to effectively respond to investigations from panelists that conduct investigations for their clients and those that represent parties responding to investigations.

Silencing the Court: Judicial Impartiality v. Free Speech A Mock Supreme Court Argument
With the current political climate, the right to free speech for judges and judicial candidates and the crafting of judicial ethics codes has become a critical topic of concern. The U.S. Supreme Court’s recent denial of certiorari in Dimick v. Republican Party of Minnesota leaves the constitutionality of judicial ethics laws limiting the speech and association rights of judges and judicial candidates uncertain.

In Dimick, the Supreme Court declined to review the Eighth Circuit en banc decision that struck down two provisions of the Minnesota Supreme Court’s Canons of Judicial Conduct as unconstitutional.The decision invalidated restrictions on judicial campaigns that have been adopted by approximately 30 states and that remain part of the ABA Model Code. As a result, judicial candidates are left in a state of uncertainty with regard to permissible campaign behavior, and attorneys charged with crafting ethics codes are left with conflicting guidance. The mock Supreme Court argument will focus on this conflict between the need for judicial ethics codes that protect public confidence in the impartiality of the courts and the rights of judicial candidates to free speech and association.

More than just an oral argument, advocates representing both the plaintiff and the defense will share their goals and tactics with the audience and the selected judges will explain what was effective and what was not. The mock conference of judges will give you an inside look at their decision-making process and explain how they will vote and their feelings on what the opinion should express. A panel of psychologists and communication specialists will then analyze the behavior and comments of the participants and note how the demeanor and comments of the judges and advocates affected the case, particularly in light of the direct interest that those judging and arguing potentially have in the outcome of the case. The argument will be followed by a question and answer session.