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2008 ABA YLD Annual Meeting

New York, NY

August 7 - 10, 2008

Picture courtesy of Scott Supak, http://supak.com

Programming Details

All events are being held at the Marriott Marquis Hotel unless otherwise noted.

Friday | Saturday | Sunday

Thursday, August 7
2:00pm – 3:30pm
Breast Cancer Legal Advocacy Workshop – Complimentary ProgramHilton New York, Mercury Ballroom, 3rd Floor
Presented by the ABA Health Law Section

One in eight women will be diagnosed with breast cancer.  Chances are you or someone you know has had some experience with this disease.  Cancer patients face a variety of legal problems related to their illness, including, just to name a few, issues related to: insurance coverage; payment for treatment; employment; and estate planning.  This seminar seeks to provide an introduction and overview of the legal issues commonly faced by patients dealing with catastrophic illnesses.  The knowledgeable and experienced panel will provide insight on how attorneys who do not ordinarily handle cases of this type can acquaint themselves with the laws, practices and procedures necessary to help them assist breast cancer patients and advocate effectively.  Provided at this session will be tools and resources enabling you to work with your state and local bar associations to conduct training sessions for other attorneys with the ultimate goal of providing accessible legal counsel in order to positively impact the lives of breast cancer patients.

Moderator: Linda Baumann, Washington, DC
Speakers: Phyllis Borzi, Washington, DC; Julie Conrad, Indianapolis, IN; Shelley Fraser, Indianapolis, IN; and Priscilla Keith, Indianapolis, IN
4:00 p.m – 5:30 p.m.
Legislative and Governmental Advocacy Update
Program and Reception
Empire Ballroom East, 2nd Floor, Sheraton New York
Presented by the National Conference of Bar Presidents

The 110th Congress is debating many issues of vital concern to the legal profession and the justice system. The ABA is a non-partisan organization – the ABA does not endorse candidates, have a PAC or make campaign contributions. The ABA works with its Members and state/local/specialty bars to improve the justice system. Learn more about the hot issues and what you, your bar association or your ABA entity can do to get involved.

Moderator: Thomas M. Susman, Washington, D.C.Speakers: Honorable Deborah G. Hankinson, Dallas, Texas; R. William Ide III, Atlanta, Georgia; Neal Sonnett, Miami, Florida; H. Thomas Wells, Birmingham, Alabama
4:30 p.m. – 6:00 p.m. ABA Section of State and Local Government Law Student/Young Lawyer Networking Event
Robinson & Cole
885 Third Ave., 28th Floor, New York, NY

4:30 p.m. – 6:00 p.m.
Please RSVP to Marsha Boone if you plan to attend.
5:00 p.m. – 6:00 p.m.
Lawyers Conference of the Judicial Division's Diversity Recruitment Reception Harlem, 7th Floor

Are you interested in the judicial system and the administration of justice? The Lawyers Conference of the Judicial Division provides a forum for attorneys and law students to interact with members of the judiciary and the community; to improve the administration of justice; to advance confidence in the judiciary; and to promote a diverse and adequately funded justice system. Join leaders from of this group for a networking reception and to learn more about the Lawyers Conference of the Judicial Division.
5:30 p.m. – 7:00 p.m.
Equalitea Reception/RallyHilton New York, West Ballroom, 3rd Floor
Hosted by the ABA Commission on Women in the Profession

The Equalitea is a tea/rally/reception that concludes the ABA Day of Equality by bringing together hundreds of people for celebration and inspiration. It will celebrate all the ABA Commission on Women in the Profession has accomplished in the past 20 years; highlight and thank the CLE program participants of the Day of Equality; and issue a call to action regarding the work that still needs to be done to achieve full equality for women in the profession.
Friday, August 8
8:30 a.m. – 10:00 a.m.
Takin’ It To The House: The Law Firm as Business – Fundamentals of Organizing and Setting Up Your Firm’s Structure and OperationHilton New York, Morgan Suite, 2nd Floor
Presented by GP Solo & Small Firm Division

This program will address need-to-know issues in the establishment of a law firm or practice including: choice of organizational form (Professional Corp, PLLC, Sole Proprietorship, etc.), setting up partnership and equity structure, valuing the practice, making or taking in new partners, retirement or withdrawal from the firm. Other topics will include the law firm as an employer, and legal and managerial concerns arising from that relationship and setting up pension and profit sharing plan.

Moderator: Patrick Begos, Begos Horgan & Brown LLP
Panelists: Michelle Aiken, Aiken & Aiken; Jeffrey F. Allen CPA MS, Amper, Politziner & Mattia, CPA's; and Arthur Greene, Boyer Greene, LLC
8:30 a.m. – 10:00 a.m.
Running With The Big Dogs: How To Eat Well Without Being Swallowed Up. A Primer on Getting Work from Large Law Firms and Corporate ClientsHilton New York, Nassau Suite, 2nd Floor
Presented by GP Solo & Small Firm Division

Staying connected is the key to developing new business. This program will address how small firms and solo practitioners can position themselves to get more work from corporate and institutional clients. Topics will include establishing relationships with prospective clients, understanding what situations make it desirable for large entities to engage smaller firms, communicating progress, and other ideas for building a successful practice.

Moderator: Stephen D. Williams, Law Office of Stephen D. Williams
Panelists: Silvia Coulter, Hildebrandt International; James Silkenat, Arent Fox LLP; and Steven Weiss, Cannon Heyman & Weiss LLP
8:30 a.m. – 10:00 a.m.
How to Be at the Top of Your Game as an ADR Advocate: Best Practices in ADR Advocacy for Intellectual Property CasesHilton New York, Petit Trianon, 3rd Floor
Presented by the Section of Intellectual Property Law

Representing clients in ADR processes such as arbitration and mediation requires special skill and practice. This program will identify common mistakes made and misconceptions held by practitioners in serving as ADR advocates and suggest best practices to develop.

Moderators: Harrie Samaras, RatnerPrestia, Valley Forge, PA and Linda Debruin, Kirkland & Ellis LLP, Chicago, IL
Speakers: Don Martens, Knobbe Martens Oldon and Bear LLP Irvine, CA; Margaret L. Shaw, JAMS, New York, NY; Hildy Bowbeer, 3M Innovative Properties Company, St. Paul, MN; Claudia Ray, O’ Melveny & Myers LLP, New York, NY; and James Amend, Court of Appeals for the Fed. Cir., Washington, D.C.
8:30 a.m. – 10:00 a.m. How Judges Think: Rule of Law, or Rule of Man?
Sutton Parlor South, 2nd Floor – Hilton New York
Presented by Judicial Division Conference of Federal Trial Judges
8:30 a.m. – 10:00 a.m. Public Speaking: Keeping Your Audience EngagedHilton New York
Presented by the ABA Center for Continuing Legal Education
9:00 a.m. – 10:30 a.m.
The Corporate Counsel ChroniclesO'Neill, 4th Floor
Presented by GP Solo & Small Firm Division

Don't miss this exciting opportunity to attend a roundtable discussion with four in-house corporate attorneys and one former in-house corporate attorney, who will share their real life tales of life beyond the billable hour. This presentation is geared for attorneys whose goal is to one day practice in an in-house environment, as well as those who currently find themselves in that role, the "out-side" law firm attorneys who represent them and in-house attorneys whose goal is to one day go into private practice. Some of the many topics to be addressed will include issues such as: (i) how to best position yourself for an eventual in-house corporate counsel career; (ii) how to maintain that role once you have achieved it, by becoming an effective and successful member of your corporate employer; and (iii) where to go once you've become a key member of your company's team A.K.A. "Life after the Legal Department - Making the most of in-house and other opportunities. " Special emphasis will be placed on the fundamental differences between practice in a law firm and a corporate (profit or non-profit) organization.

Speakers: Ingrid Busson, Calyon; Kevin Andrew Clunis, Colgate-Palmolive Company; Stephanie Cohen, Reed Smith LLP (formerly with CitiFinancial Inc.); Jennifer Hilsabeck, American Nevada Company; and David Martinez, A&E Television Networks
9:45 a.m. – 10:45 a.m.
Forensic Accounting 101: How It Can Help You in Litigation, Bankruptcy, Family Law and MoreUris/Royal/Plymouth, Shubert Complex, 6th Floor
Co-sponsored by the ABA Section of Tax Law and the ABA Business Law Section

Forensic accounting and asset recovery are essential components of virtually every aspect of litigation – including nearly every commercial matter, bankruptcy litigation and family and divorce case. Understanding how to uncover and interpret buried or hidden information will place your practice in a higher league.

In this seminar, you will hear from an internationally-known asset recovery specialist and leading forensic accountant and bankruptcy trustee who will explain:
  • How forensic accounting is important in litigation and other areas of the law
  • Why it is important to have a forensic accountant involved in different types of cases
  • What a forensic accountant can do to assist your case or client from the beginning of litigation through resolution of the case
  • How to protect a client's assets
  • International asset search and recovery methods for collecting judgments
  • Freezing assets and attachment procedures nationally and internationally
Speakers: Steve Oscher, Managing Director, Oscher Consulting, PA, Tampa, FL and Juval Aviv, President and CEO, Interfor, Inc., New York, NY
 
What Every Commercial Real Estate Attorney Needs to Know about Environmental LawMusic Box/Winter Garden/Palace, Majestic Complex, 6th Floor
Co-sponsored by the ABA Real Property, Trust and Estate Law Section and the ABA Section of Environment, Energy, and Resources

Join a commercial real estate attorney, an environmental compliance counselor/litigator and an environmental insurance broker for a discussion of modern trends in environmental law and the challenges environmental risk imposes on commercial real estate transactions. You will leave this session with an overview of:
  • Statutory environmental liability and shields
  • Contractual allocation of environmental liability
  • Post-closing environmental issues: litigation considerations from both buyers' and sellers' perspective
  • Current insurance products offered to manage environmental risk
Speakers: Adrianne Cronas, Senior Vice President, Environmental Practice, Marsh, Inc., New York, NY; Karen Kavanagh Mack, Principal, Deutsch, Levy & Engel, Chicago, IL; and Robert A. Stout Jr., Farer Fersko, PA, Westfield, NJ
11:00 a.m. – 12:00 p.m.
Understanding Domestic Violence in Family Court ProceedingsUris/Royal/Plymouth, Shubert Complex, 6th Floor
Co-sponsored by the ABA Commission on Domestic Violence

If you are a young lawyer practicing in the field of family law, this is a must attend session. Experts in the field will share tips and discuss:
  • The dynamics of domestic violence
  • The impact allegations of domestic violence can have on a family court proceeding, particularly on proceedings involving children
  • Important tips on how to represent children and families affected by domestic violence
Moderator: Cassandra Mae Kelleher, Associate Counsel, New York State Assembly, Albany, NY
Speakers: Amy Barasch, Executive Director, The New York State Office for the Prevention of Domestic Violence, New York, NY; Gloria Bruzzano, Managing Attorney, Special Education Unit, Office of the General Counsel, NYC Department of Education, New York, NY; and Honorable Betty E. Staton, Family Court of the City of New York in Kings County, Brooklyn, NY
12:00 p.m. – 12:45 p.m. Law Practice TIPS Program and LunchSun Roof, 16th Floor
Presented by Tort, Trial and Insurance Section
2:00 p.m. – 3:30 p.m.
Investment Strategies for LawyersNassau Suite B, 2nd Floor, Hilton New York
Presented by the Senior Lawyers Division and other ABA entities
2:00 p.m. – 3:30 p.m.
Who's Been Looking in Your Charts?  Fundamentals of Healthcare Privacy and Security under HIPAA Sheraton New York, Conference Room J, Executive Conference Center
Presented by the ABA Health Law Section

The Health Insurance Portability and Accountability Act of 1996 and its associated regulations established an extensive new regulatory structure for the privacy and security of individuals' health-related information.  Everyone likes a little privacy, but the complexities of the HIPAA rules in practical application can create many snares and traps for healthcare providers and their counsel.  Our expert panel will provide an overview of key provisions of the HIPAA privacy and security rules and discuss everyday HIPAA issues and practical strategies for resolving them.

Moderator: William W. Horton, Haskell Slaughter Young & Rediker, LLC, Birmingham, AL
Speakers: Marc D. Goldstone, Community Health Systems, Franklin, TN; Kenneth Rashbaum, Sedgwick Detert Moran & Arnold LLP, New York, NY
2:00 p.m. – 5:00 p.m.
e-Discovery from the War Room!Clinton Suite, 2nd Floor, Hilton New York
Presented by the Tort, Trial and Insurance Section
2:00 p.m. – 5:00 p.m.
From Canons to Codes to Rules: 1908-2008 and Beyond – A Centennial Celebration of the ABA Legacy of Lawyer EthicsHilton New York, East Ballroom, 3rd Floor
Presented by ABA Center for Professional Responsibility

Marking the centennial celebration of the adoption of the ABA Canons of Professional Ethics, forerunner to the Model Rules of Professional Conduct, this program will draw upon issues raised in scholarly papers that have been commissioned for the event that reflect on how the regulation of the practice of law has changed over the past 100 years and how the regulation of lawyers in America, and in the international arena, will continue to evolve over the next 100 years.

Keynote Speaker: Honorable Judith S. Kaye, Chief Judge of the State of New York
Moderator: Charles J. Ogletree, Professor of Law and Director of Charles Hamilton Houston Institute for Race and Justice at Harvard Law School, Cambridge, MA
Panelists: Robert W. Gordon, Professor of Law and Legal History at Yale Law School, New Haven, CT; Susan Hackett, Senior Vice President & General Counsel of the Association of Corporate Counsel, Washington, DC; Steven C. Krane, Chair of the ABA Standing Committee on Ethics and Professional Responsibility, New York, NY; Carolyn B. Lamm, ABA President-Elect Nominee, Washington, DC; Ross Ray, President, Law Council of Australia; Deborah L. Rhode, Professor of Law and Director of the Stanford Center on Ethics at Stanford Law School, Stanford, CA; William P. Smith III, General Counsel of the State Bar of Georgia, Atlanta, GA; and Laurel S. Terry, Professor of Law, Penn State Dickinson School of Law, Carlisle, PA
3:00 p.m. – 4:30 p.m.
What the Presidential Candidates Should be Saying about Judicial Selection – Marquis Salon C, 9th Floor
Presented by the Judicial Division
Saturday, August 9
8:30 a.m. – 10:00 a.m.
Judicial Clerkships: Snagging, Surviving and Excelling in Federal ClerkshipsHilton New York
Presented by GP Solo & Small Firm Division
8:30 a.m. – 10:00 a.m.
Bankruptcy Appeals: Which Court, How to Get There, and What To Do When You Are ThereHilton New York, Morgan Suite, 2nd Floor
Presented by GP Solo & Small Firm Division

A bankruptcy court order may normally be appealed either to the U.S. District Court or the Bankruptcy Appellate Panel (in certain circuits). Under the new BAPCPA, in some instances an order may now be appealed directly to the circuit’s Court of Appeals. This seminar will discuss the advantages and disadvantages of these three options, the process and procedure to get to your court of choice, and strategies for tailoring your briefs and arguments for that particular court. Our panelists include a bankruptcy appeals practitioner who has argued seven bankruptcy appeals to the United States Supreme Court and well as numerous other bankruptcy appeals, and the former law clerk to the former Chief Judge of the U.S. Bankruptcy Appellate Panel of the Ninth Circuit. This will be a behind the scenes seminar on practice, procedure, and the elements of a successful appeal from the appellate courts’ perspective, with sample appeal forms and briefs.

Speakers: G. Eric Brunstad Jr., Bingham McCutchen; Larry Feinstein, Vortman & Feinstein; Jessica Gabe, Covington & Burling LLP; and Deirdre Glynn Levin
8:30 a.m. – 10:00 a.m.
United Nations Convention on the Rights of Person with Disabilities and the Americans with Disabilities Act: Similarities and DifferencesPresidential CLE Center, Hilton New York, ABA Nassau Suite B, 2nd Floor
Presented by the Commission on Mental and Physical Disability Law
8:30 a.m. – 10:30 a.m.
Modern American Election Law: Deconstructing Disenfranchisement – Conference Room K, Executive
Conference Center, Sheraton New York
Presented by the ABA Section of State and Local Government Law

In preparation for the upcoming 2008 elections, the Section is committed to providing quality election law CLE programming for all attorneys. In support of that commitment, this program is the second in a series of the Section’s nationwide programming in election law. This component focuses on a brief history of the Voting Rights Act and three legal issues: Voter Protection on Election Day, Election Day Registration, and Lessons Learned from the 2000 and 2004 Elections, as related to Election /day. This program will also be offered in CLE teleconference format live from the meeting or taped for teleconference after the meeting.

Speakers: Benjamin E. Griffith, Griffith & Griffith, Cleveland, MS; Abigail Thernstrom, U.S. Commission on Civil Rights; Manhattan Institute, New York, NY; Theodore M. Shaw, Director-Counsel and President Emeritus, NAACP Legal Defense and Educational Fund, Inc. (LDF), Columbia Law School, New York, NY; and Brenda Wright, Demos: A Network for Ideas and Action, Boston, MA
9:00 a.m. – 5:00 p.m.

Wills for Heroes Implementation – Liberty Island
Transportation by Ferry boats will be provided

In partnership with The Wills for Heroes® Foundation and with the help of the U.S. Park Police, the YLD will create free wills and other basic estate planning documents for emergency first responders and their spouses or domestic partners.

12:00 – 2:00 p.m. 2008 Rule of Law Initiative Luncheon and Award Ceremony (Ticketed) – Hilton New York

This year's luncheon will honor the lawyers and judges in Pakistan who demonstrated courage in upholding the rule of law in their country. Accepting on behalf of the awardees are Mr. Aitzaz Ahsan, President of the Pakistan Supreme Court Bar Association, and Justice Tassaduq Jilani (Ret.) of the Supreme Court of Pakistan.

Individual Tickets:
General Admission: $95.00
Public Interest Lawyers and Young Lawyers: $75.00
Students: $50.00
2:00 p.m. – 3:30 p.m.
Elder Law 2008 – Expanding an Elder Law PracticeNassau Suite, 2nd Floor, Hilton New York
Presented by GP Solo & Small Firm Division

Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/day turning 60 and soon to be on Medicaid and will need legal advice. Elder Law is one of the biggest growth fields. Substantial changes in Medicaid law require attorneys to learn ideas to avoid Medicaid/ nursing home liens. Elder law topics will include: Medicaid Law changes in 2006-2007 — Protect yourself from inaccurate advice and malpractice, Getting referrals from other professionals, The after­math of the Terry Schiavo case and Living Wills, Forms you can use, Email newsletters, How to get more referrals and repeat business, How to manage telephone conversations with your clients, Marketing with written fee agreements and Ethics and marketing without violating the Rules of Professional Conduct.

Speakers: Joan Burda, Sole Practitioner; Jay Foonberg, Sole Practitioner; Parag Patel, Parag P. Patel Esq. P.C.; Charles Sabatino, American Bar Association; and Kenneth Vercammen, Kenneth Vercammen & Associates
2:00 p.m. – 3:30 p.m. Advising the Small Business Client in Negotiating the Big Real Estate TransactionMorgan Suite, 2nd Floor, Hilton New York
Presented by GP Solo & Small Firm Division

Interactive and dynamic panel of real estate and business law attorneys will discuss issues that arise when advising small business clients in commercial real estate deals. Topics include: general representation and ethical issues, reviewing and negotiating the client's commercial lease, understanding issues involving commercial real estate financing from the borrower's perspective, due diligence and zoning issues, and what to do when things go wrong.

Panelist: Aurora Abella-Austriaco, Peck Bloom; Youshea Berry, Law Office of Youshea A. Berry, PLLC; Elizabeth A. Bleakley, Bleakley & Associates, LLC; Kyrus Freeman, Holland & Knight LLP; and Maria Ann Milano, Riddell Williams PS
2:00 p.m. – 4:00 p.m.
On The Docket: The Supreme Court Conferrence Room E, Executive Conference Center, Sheraton New York
Presented by the ABA Standing Committee on Public Education

This program will take at look at the 2007 term in general including the Baze (lethal injection) and the Crawford (voter ID) cases with an eye toward assessing where the Court has been at since Justice O'Connor's retirement. The panel will then provide an overview of the most important cases awaiting the opening of the new term in October.
Sunday, August 10
10:30 a.m. – 12:00 p.m.
The Immigration Crisis, the Courts, and the Rule of Law Trianon Ballroom, 3rd Floor, Hilton New York
Presented by the Commission on Immigration and the Standing Committee for Federal Judicial Improvements
10:30 a.m. – 12:00 p.m.
How Climate Change and Its Regulation Will Affect Law PracticeMercury Ballroom, 3rd Floor, Hilton New York
Presented by the Section of Environment, Energy, and Resources

* Schedule subject to change

 
 
 
 
 
 
 
 
 
 

Financial scholarships are available for New York attorneys. Scholarships are intended to increase membership involvement in entity activities by providing support to those who would otherwise be financially unable to participate. To request an application or receive additional information, contact Bill Stanton by email or phone (312) 988-5629. All applications must be received by July 7, 2008.

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