Program Schedule

SCHEDULE AT A GLANCE:  August 5   |  August 6   |  August 7 | August 8

All programming will take place at the Moscone Center West unless otherwise noted.

Descriptions for all programs are available on this page.

Thursday, August 5

10:30 am – 12:00 pm
Presidential Showcase Program - Enforcing a Right to Counsel for Children: The Time Is Now
Children are removed from their homes and placed into state custody every day, yet depending on the state in which they live, they may not be represented by a lawyer in these life-impacting legal proceedings.  This program will explore the role a lawyer should have for a child in the dependency court under the ABA Model Rules of Professional Responsibility and what barriers exist in allowing lawyers to represent children.
Speakers
Hon. Rosemary Barkett, United States Court of Appeals, Eleventh Circuit
Hilarie Bass, Greenberg Traurig
Prof. Diane Geraghty, Loyola University School of Law
Trenny Stovall, DeKalb County Child Advocacy Center
Prof. Michael Dale, Nova Southeastern University Law Center
Angela Vigil, Baker & McKenzie\
Co-Sponsoring Entities
ABA Center on Children and the law
ABA Center for Professional Responsibility
ABA Commission on Homelessness and Poverty
ABA Commission on Youth at Risk
ABA Section of Criminal Justice
ABA Standing Committee on Legal Aid & Indigent Defendants
ABA Standing Committee on Pro Bono and Public Service
ABA Standing Committee on Specialization

2:00 pm – 3:30 pm
One Step over the Line: The Long Road from Civility to Hardball and Beyond
Good ethics is good strategy, but many lawyers think scorched earth and hiding the ball are even better.  This engaging program will explore the slippery slope of sharp practices and the many faces of hardball litigation, and will show how litigators on the high road can gain an advantage over opponents engaging in such tactics.
Speakers:   
Kenneth Berman, Nutter McClennen & Fish LLP
Abbe Fletman, Flaster/Greenberg PC
Elaine Johnson James, Edwards Angell Palmer & Dodge LLP
Jonathan Lerner, Skadden, Arps, Slate, Meagher & Flom LLP

A Tale of Two Cases: Managing Discovery Costs and Minimizing Risks with and Without Outsourcing
Discover ways to manage e-discovery from our panel of veterans of electronic discovery battles as they explore how litigators in two complex cases with very different discovery approaches - one with outside discovery specialists and one involving just in-house discovery- efficiently and effectively managed the e-discovery challenges they encountered.
Speakers: 
Laura Cullison, Skadden, Arps, Slate, Meagher & Flom LLP
Richard Finkelman, Navigant Consulting, Inc.
Robin Hulshizer, Latham & Watkins LLP
Mark Michels, Cisco Systems, Inc.

3:45 pm – 5:15 pm
Social Networking Sites: Ethically Maximizing the Use of These Powerful Media
Attorneys’ use of social networking sites is becoming increasingly popular.  These tools provide an exciting and economical way to facilitate information sharing and business development.  Our panel will discuss the professional opportunities provided by these tools, and offer advice on avoiding ethical pitfalls when using these sites.
Speakers: 
Darryl Cross, LexisNexis
Prof Stephen Gillers, New York University School of Law
Tom Goldstein, Akin Gump Strauss Hauer & Feld LLP
Paul Lippe, Legal OnRamp
Erika Rottenberg, LinkedIn

A Power Shift: Client Development in the Age of Obama
From the Presidency to the Supreme Court, minority and female attorneys occupy the highest places of power and shoulder the greatest responsibility.  An experienced and diverse panel discusses the impact current events have on the perception of minority and women lawyers' power and competency, and opportunities for increased diversity and business development.
Speakers:  
Jacqueline Becerra, Greenberg Traurig
Joseph Hanna, Goldberg Segalla LLP
Joan Haratani, Morgan Lewis & Bockius LLP
Joseph West, Wal-Mart Stores, Inc.

6:30 pm – 8:00 pm

Welcome Reception

Friday, August 6

8:30 am – 10:00 am
The Heart and Soul of Your Cases: Crafting a Winning Theme
Using multi-media presentations and live demonstrations by expert trial lawyers, we will explore how to create a compelling theme and story for your case that resonates in pretrial pleadings and hearings, depositions, trial arguments and witness examinations, in post-trial pleadings, and on appeal.
Speakers:  
Cindy Andrews, DecisionQuest
Hon. Consuelo M. Callahan, U.S. Court of Appeals for the Ninth Circuit
Elizabeth Cabraser, Lieff Cabraser Heimann & Bernstein LLP
Cynthia Cohen, Verdict Success
Brian Sun, Jones Day

Litigation in the Internet Age- Making Litigation Rules and Procedures Responsive to Today’s Changed Landscape
Many lawyers and clients believe that civil procedure, particularly in the federal courts and involving e-discovery, has made litigation so expensive that only the wealthy can afford it.  This program will discuss current developments and future action, following the recent May 2010 conference of federal practitioners and judges at Duke Law School.
Speakers: 
Loren Kieve, Kieve Law Offices
Hon Mark Kravitz, U.S. District Court, District of Connecticut
Lorna Schofield, Debevoise & Plimpton LLP
Stephen Susman, Susman Godfrey LLP

10:30 am – 12:00 pm
Presidential Showcase Program – Shaping the Law: A Solicitors General Roundtable
The Solicitor General is responsible for representing the United States in the U.S. Supreme Court as well as supervising the positions taken in court by lawyers for the United States.  In a roundtable format, the current Solicitor General and former Solicitors General will discuss and debate several timely legal developments.  In a roundtable format, former Solicitors General will discuss and debate several timely legal developments.
Speakers:  
Marsha Coyle, The National Law Journal
Drew S. Days III, Morrison & Foerster LLP
Prof. Charles Fried, Harvard Law School
Gregory Garre, Latham & Watkins LLP
Theodore Olson, Gibson, Dunn & Crutcher LLP
Kenneth W. Starr, Baylor University
Co-sponsored: ABA Section of Antitrust Law & ABA Section of Intellectual Property Law

2:00 pm – 3:30pm
Corporate Governance 2010:  Don't Get Caught in the Past
New trends in corporate governance law and practice at the start of a new decade, including the extent to which rules governing director conduct and liability are changing, new strategies by plaintiffs and defendants in corporate governance cases, and the impact of these new strategies on boardroom behavior.
Speakers:  
Anne Box, Robbins Geller Rudman & Dowd LLP
Koji Fukumura, Cooley
Chief Justice Myron Steele, Delaware Supreme Court
Stephan Radin, Weil Gotshal & Manges LLP
 

2:00pm – 3:30pm
Negotiation for Young (and Old) Lawyers: What Every Lawyer Should Know About Making a Deal
Negotiation is an essential skill for every lawyer.  This program presents the fundamentals of effective negotiation, including preparing, presenting your position, and closing the deal.  In addition, the program will explore strategies for dealing with difficult situations often encountered by lawyers, and will discuss the ethics of legal negotiation.
Speakers:  
Prof. Cindy Archer, Loyola Law School
David Coale, K&L Gates LLP
Michael LeBoff, Hodel Briggs Winter, LLP
Betty Shumener, DLA Piper

3:45 pm – 5:15 pm
Can You Handle the Truth?
Using video clips of mock jury deliberations, the panel will examine what happens during jury deliberations, focusing on how recent dramatic societal changes have changed the dynamics in the jury room.  What can trial lawyers do to deal with unconscious or unexpressed prejudices held by jury members?  How does having four generations represented on the jury affect their interactions?
Speakers:
Cristina Arguedas, Arguedas, Cassman & Headley
Catherine A. Conway, Akin Gump Strauss Hauer Feld LLP
Susan Fillichio, DecisionQuest

Celebrating Women on the Appellate Bench: A Mock Argument Examining Potential Gender Influences on Decision Making
The growing number of woman appellate judges gives cause for celebration.  But what role, if any, does their gender play in deciding appeals?  A mock argument of a gender-sensitive hypothetical, to a panel of all woman judges, provides a platform to consider the concepts debated during Justice Sotomayor’s confirmation.
Speakers:  

Hon. Consuelo M. Callahan, U.S. Court of Appeals for the Ninth Circuit
Chief Justice Marilyn Kelly, Michigan Supreme Court
Karen Precella, Haynes and Boone, LLP
Chief Justice Chase Rogers,
Kathleen Sullivan, Quinn Emanuel  Urquhart & Sullivan LLP
Connecticut Supreme Court
Paul Watford, Munger, Tolles & Olson LLP 

Saturday, August 7

8:30 am – 10:00 am

Lawyer’s Poker: Using the Lessons of Poker to Win Litigation\
Expert trial lawyers, world class poker players and distinguished academics will use multimedia,  live demonstrations and audience participation to examine famous poker hands and several trial vignettes to show how poker and game theory can improve trial lawyers’ skills in pre-trial practice, trials, appeals and settlement negotiations.

Speakers:
Laura Besvinick, Hogan Lovells
Fred Choi, TeleNav, Inc.
Linda Listrom, Jenner & Block
Lawrence Rosenberg, Jones Day
Mark Seif, World Champion Poker Player

The Roberts Court: Year Four, Welcome Justice Sotomayor!
As they have for the past three years, Professors Days, Karlan, and Starr will break down the 2009-10 Supreme Court term with their customary insightful, humorous, and poignant analyses.  A standing-room only crowd will once again appreciate and applaud these Supreme Court experts and their ability to provide not only an historical context to the Court's key opinions but also a constantly unfolding update on the future themes of a Court in transition.
Speakers:  
John Barkett, Shook, Hardy & Bacon LLP
Drew S. Days III, Morrison & Foerster LLP
Prof Pamela Karlan, Stanford Law School
Kenneth W. Starr, Baylor University

Presidential Showcase Program - The Digital Revolution and E-Discovery Present Dramatic Challenges for Lawyers, the Business Community, and the Courts
E-discovery is transforming how lawyers practice law and dramatically affecting the business community and the courts.  Explore the consequences of the digital revolution on business, access to justice for individuals and organizations, and courts immersed in uncharted territory in addressing digital evidence, particularly after the Supreme Court’s Melendez-Diaz decision.
Speakers:
Hon. John Facciola, U.S. District Court, Washington, DC
Prof. Richard Marcus, UC Hastings College of Law, San Francisco, CA
Lucy L. Thomson, CSC, Alexandria, VA
Primary Sponsor:
ABA Section of Science and Technology

2:00 pm – 3:30 pm
Complaint vs. Indictment: The Bigger Picture at the Intersection of Civil and Criminal Justice
A panel of civil and criminal litigators discuss challenges in defending clients facing exposure on two fronts, including stays of civil proceedings, joint defense agreements, privilege waivers, negotiating plea agreements, coordination between civil and criminal counsel, pleading the Fifth Amendment in civil discovery, and using civil settlements to avoid prosecution.
Speakers: 
Amy Greer, Reed Smith LLP
John Hemann, Morgan, Lewis & Bockius LLP
Walter Loughlin, K&L Gates
Robert McGahan, Goodwin Procter LLP

Dial 911: Injunctive Relief for the Business Crisis
Through a series of interactive vignettes, experienced trial lawyers will reveal and examine key procedural and substantive concepts involved in seeking injunctive and other extraordinary relief within the context of a "business emergency."
Speakers: 
Khaldoun Baghdadi, Walkup Melodia Kelly & Scheonberger
Christopher Garcia, Seyfarth Shaw LLP
Kirsten Stoll-DeBell, Merchant & Gould, PC

3:45 pm – 5:15 pm
I Can See Clearly Now: Insights from the Nation’s Top CLOs
Financial Armageddon has been avoided in the markets.  But companies large and small – including law firms and law departments – are still grappling with the consequences and implications of the Great Recession.  Concurrently, the landscape for compliance, regulation, data protection and privacy has become increasingly complex and must accommodate changing business models and new technologies such as social networks.  Come learn what CLOs from leading-edge technology companies are doing to steer their companies through this challenging environment.
Speakers:
Tonik Barber, VIZ Media, LLC, San Francisco, CA
Paula Boggs, Starbucks Coffee Company, Seattle, WA
Mary Doyle, Palm, Inc., Sunnyvale, CA
Nancy Heinen, Apple Computer, Inc., Portola Valley, CA
Alexander MacGillivray, Twitter, San Francisco, CA
Primary Sponsor:
ABA Section of Science and Technology

Sunday, August 8

10:30 am – 12:00 pm
Presidential Showcase Program - The Vanishing Line Between Criminal and Civil Securities Fraud: SEC v. Goldman Sachs and Other Recent Securities Fraud Actions
Once the line dividing criminal and civil securities fraud was clear.  With the increasing criminalization of enforcement actions for securities fraud that line continues to blur to the point where many believe it is non-existent. This program will explore the complex legal issues surrounding charging civil and criminal securities frauds and the critical issues regarding the exercise of prosecutorial discretion in this area.   The resolution of these questions is critical to every corporate executive.  
Speakers:
Greg Andres, Deputy Assistant Attorney General, Criminal Division, Justice Department, Washington, DC
Hon. Cormac Carney, U.S. District Court, Central District of California, Santa Ana, CA (Invited)
Cheryl Evans, Special Counsel, U.S. Chamber Legal Reform, Washington, DC
Tom Gorman, Porter Wright LLP, Washington, DC
Robert Khuzami, Director of Enforcement Division, Securities and Exchange Commission, Washington, DC (Invited)
Prof. Ellen Podger, Stetson University College of Law, Gulf Port, FL
Frank Razzano, Pepper Hamilton LLP, Washington, DC
Primary Sponsor:
ABA Section of Criminal Justice