March 2008 - Newsletter
1. BBA CLE: Litigating and Winning Discrimination Cases - 3/12/08  
2. Transgender People and The Law: What Every Lawyer Should Know - 3/13/08  
3. African Voices, Global Choices: The Impact on Human Rights - 3/15/08  
4. SOCIAL EVENT: Boston Bruins vs. Philadelphia Flyers - 3/15/08  
5. Creating a Lifetime of Referrals - 3/18/08  
6. Recent Discovery Issues in District & Superior Court - 3/25/08  
7. BBA CLE: Valuing Marital Assests - 3/26/08  
8. Form I-864 Affidavits of Support - 3/27/08  
9. BBA CLE: Health Care Fraud - 4/3/08
 
10. BBA CLE: Globalization and the TRIPS Agreement: Realities of Intellectual Property Reforms in India and China - 4/8/08
 
11. SAVE THE DATE: Construction Defect Cases - 4/17/08  
12. SAVE THE DATE: Presenting Your Case in Immigration Court - 4/29/08  
13. SAVE THE DATE: Open House - 4/29/08  
14. SAVE THE DATE: Annual Judicial Forum - 5/14/08  
15. SAVE THE DATE: Visas for Foreign Nationals with Outstanding / Extraordinary Ability - 5/22/08  
















Upcoming Meetings, Events & CLE Programs
1. BBA CLE: Litigating and Winning Discrimination Cases



Wednesday, March 12, 2008 - 4:00 pm to 7:00 pm
Boston Bar Association - 16 Beacon Street

This program will present the nuts and bolts and best practices of litigating an employment discrimination case. Expert panelists, divided into three distinct panels, will take attendees step-by-step from pre-complaint strategy and pleadings, discovery and dispositive motions to all aspects of trial through closing arguments.

This is an invaluable program—providing both strategic insight and practical guidance for anyone interested in employment litigation.

Panelists:

Jody L. Newman, Esq.
Dwyer & Collora, LLP

James S. Weliky, Esq.
Messing, Rudavsky & Weliky, P.C.

Harold L. Lichten, Esq.
Pyle, Rome , Lichten, Ehrenberg & Liss-Riordan, P.C.

David Belfort, Esq.
Corrigan, Bennett & Belfort, P.C.

Geoffrey R. Bok, Esq.
Stoneman, Chandler & Miller LLP

Mary Jo Harris, Esq.
Morgan, Brown & Joy, LLP

David Rapaport, Esq.
Davis Malm & D'Agostine P.C.

Joshua M. Davis Esq.
Goulston & Storrs- A Professional Corporation

Moderators: Karen Glasgow and Alex Klibaner

Click here for more information or to register for this program.


2. Transgender People and The Law: What Every Lawyer Should Know

Click here to RSVP for this program.

Thursday, March 13, 2008 - 6:00 pm
Boston Bar Association - 16 Beacon Street

Join us as panelists discuss the legal landscape generally with regards to representation of transgender persons, including a discussion of specific case examples as well as legislation affecting transgender persons. The panel will be moderated by Laurie Carafone, Dwyer & Collora, LLP.

Panelists:

Jennifer Levi, Gay & Lesbian Advocates & Defenders

Laura Langley, Bingham McCutchen, Board Member of the Massachusetts Lesbian and Gay Bar Association and Legislative Committee Member of the Massachusetts Transgender Political Coalition

Ethan St. Pierre, a transgender person who has experienced discrimination


3. African Voices, Global Choices: The Impact on Human Rights

Please click here to RSVP for this program.

Saturday, March 15, 2008 - 9:00 am
Radisson Hotel Boston - 200 Stuart St

Every year the International Law Society of New England School of Law hosts a Human Rights Day event, in cooperation with New England 's Center for International Law & Policy. This school year we are expanding the scope of the event and will be hosting it off campus. Our focus will be on human rights abuses in Africa -- in particular, Sudan , Zimbabwe , and the DRC.

The conference, which will take place during the day, will be open to the public. It will consist of three panels and two keynote speakers. The event will focus on the human rights situations in the three aforementioned countries, and the manner in which these situations result not only from structural problems within those specific countries but also from action and inaction on the part of countries outside of Africa .

We are anticipating an audience of 200-300 individuals, primarily consisting of students, academics, and legal practitioners.

The awareness concert will be held the evening of March 15 at Sweet Water Café in Boston . This event will be a fundraiser where two or three bands will play for the cause. All of the proceeds will go to organizations helping combat human rights abuses in Zimbabwe , Sudan , and Congo.


4. Social Event: Boston Bruins vs. Philadelphia Flyers "New Lawyer Appreciation Day"

Saturday, March 15, 2008 - 1:00 pm
TD Banknorth Garden

Join the Boston Bruins and the Boston Bar Association for “New Lawyer Appreciation Day!" One lucky lawyer will receive free Bruins gear for themselves and their party!

For more information, please click here.

To order your tickets, please choose one of the three following options:

1. Log on to the Ereservation system: https://premiumclub.dncinc.com/general_login.asp

•  Promo code: BAR (all uppercase)
•  View available seating
•  Click on available seating for your event
•  Add to cart and check out
•  Enter in Shipping/billing information
•  Verify order
•  Click place order once and then a second time to receive your 6 digit confirmation number (Must receive this number for your order to be processed.)

2. Contact Ben Mazza at BMAZZA@bostonbruins.com

3. Fill out order form and send to;

Boston Bruins
ATTN Ben Mazza
100 Legends Way
Boston , MA 02114


5.Creating a Lifetime of Referrals

Please click here to RSVP for this program.

Tuesday, March 18, 2008 - 4:00 pm to 6:00 pm
Boston Bar Association - 16 Beacon Street

Whether you're an associate, partner at a law firm or individual practitioner the key to success is attracting referrals business. Please join Barbara Bix, BB Marketing Plus, for a hands-on workshop where you'll learn:

* How to generate referrals and revenue
* How to identify your most promising referral sources
* How to make it easy for others to refer business to you
* How to optimize the time that you spend networking in order to generate a lifetime of referrals

Leave this workshop with introductions from your peers to specific individuals who can refer business to you and your firm.

Panelists:

Robert A. Adelson, Esq.
Engel & Schultz, LLP

Grace V.B. Garcia, Esq.
Morrison Mahoney LLP

Cheryl Garrity
Attorney at Law

Chris Kenney
Kenney & Sams, P.C.


6. Recent Discovery Issues in District & Superior Court

Click here to RSVP for this program.

Tuesday, March 25, 2008 - 4:00 pm
Boston Bar Association - 16 Beacon Street

Join us as a distinguished panel discusses the latest discovery issues in District and Superior Court. Specific cases include:

  • Commonwealth v. Adjutant: The Court may introduce evidence of victim's prior violent conduct in self-defense cases. Panelists will discuss the decision and its rationale, how the obligations of the prosecutor/defendant have changed because of this ruling, unresolved issues and how the case is playing out in court.
  • Commonwealth v. Dwyer: This case provided the "New Standard" for requests of privileged or likely to be privileged records of victims and witnesses in all types of cases. Panelists will discuss prosecutors' responsibilities, new procedural protections for victims and witnesses, responsibilities of Defense and the experience of practitioners.
  • Commonwealth v. Durham: A judge may order a defendant to provide the prosecution with written statements of witnesses whom the Commonwealth intends to call at trial. Panelists will discuss the Reciprocal Discovery Obligations and limitations of the ruling, its application of the case to new Rule 14 discovery requests and the experience of practitioners.

Speakers:

Program Co-Chairs:


7. BBA CLE: Valuing Marital Assets

Wednesday, March 26, 2008 - 4:00 pm– 7:00 pm
Boston Bar Association - 16 Beacon Street

Determining what assets comprise the marital estate and obtaining valuations for those assets is one of the primary jobs of a domestic relations attorney. Finding the right expert can often mean the difference between settling a case or going to trial. This program will cover valuation issues for a variety of marital assets such as real estate and personal property. Panelists will cover the law of valuing closely held corporations, especially the changes from the Supreme Judicial Court's decision in Bernier.  The panel will also discuss locating and retaining experts, preparing experts for deposition and trial testimony and addressing differences in value between competing experts.

  1. Identifying What Assets need to be Valued;
  2. Locating Experts to Value different classes of Assets;
  3. Appraising Real Estate;
  4. Valuing Closely Held Business Interests (partnerships, limited liability companies and corporations)
  5. Preparing Experts for Deposition and Trial Testimony (direct and cross)
  6. Negotiating Values with competing Expert Reports

For more information or to register, please click here.


8. Form I-864 Affidavits of Support

Click here to RSVP for this program.

Thursday, March 27, 2008 - 12:15 pm
Boston Bar Association - 16 Beacon Street

Estelle Regolsky, Avrin & Regolsky, will discuss Form I-864 Affidavit of Support in Family Immigration Cases, including new Poverty Guidelines effective March 2008.

Please also join the following discussions:

• Case Problem Roundtable: members are asked to bring an issue they have been dealing with in their cases for the committee to discuss in an effort to find solutions, and

• Open Forum, Steering Committee: the committee seeks guidance from those attending on future meeting topics and to get a sense of whether the current meeting time and formats are working for you, and whether you wish to suggest any changes.


9. BBA CLE: Health Care Fraud

Thursday, April 3, 2008 - 4:00 pm – 7:00 pm
Boston Bar Association - 16 Beacon Street

Join our three distinct panels as they explore the latest developments in practice issues related to health care fraud.  Each panel will cover a separate set of topics.

Panel I: Trends in Health Care Fraud Enforcement

The first panel will discuss recent trends in health care fraud enforcement as well as initiatives aimed at preventing and detecting fraud and abuse.   

Panel II: The Government's Role in Enforcing Health Care Quality

This panel will focus on quality of care issues, an increasing focus for the government's enforcement agencies, including the OIG, the Department of Justice and state Attorneys General.  Panelists will discuss theories of criminal and civil liability for substandard care including, False Claim Act prosecutions for "failure of care” and provision of worthless services.  Attendees will also learn about the violations of licensure laws for using unlicensed or unqualified personnel. 

Panel III: Settlement Issues and Ramifications

The third panel will discuss settlement issues and ramifications.  This panel will address issues to be considered when entering into settlement agreements with the government. Attendees will learn about the intricacies of sentencing and fine issues as well as the issue of potential exclusion from federal programs, corporate integrity agreements, and post-settlement monitoring.  Panelists will provide insight on both the government's viewpoint, and the viewpoint of a practitioner experienced in negotiating such agreements. 

For more information or to register, please click here.


10. BBA CLE: Globalization and the TRIPS Agreement: Realities of Intellectual Property Reforms in India and China

Tuesday, April 8, 2008 - 4:00 pm– 7:00 pm
Boston Bar Association - 16 Beacon Street


This program will provide attendees with an overview of specific intellectual property protections available pursuant to current regulations in India and China.  Expert panelists will review the regulations in a number of areas including patent, copyright, trademark and trade secrets as well as give an overview of available enforcement mechanisms.  Other topics will include

  • An overview of the TRIPS Agreement
  • The requirements for countries at different levels of development
  • Current Indian and Chinese regulation

Panelists:

India:  Pravin Anand, Esq.
Anand and Anand, New Delhi, India

China:  Lester Ross, Esq.
Wilmer Hale Beijing, China

For more information or to register, please click here.


11. SAVE THE DATE: Construction Defect Cases

Please click here to RSVP for this program.

Thursday, April 17, 2008 - 12:00 pm
Boston Bar Association - 16 Beacon Street

Philip M. Hirshberg, Morrison Mahoney LLP, will provide an overview of construction defect litigation and the critical issues that often arise. Specific topics include:

  • The "Economic Loss Doctrine";
  • Typical Claims and Defenses;
  • Statutes of Repose and Limitations; and
  • Indemnity and Insurance.

 


12. Presenting Your Case in Immigration Court

Click here to RSVP for this program.

Tuesday, April 29, 2008 - 5:00 pm
Boston Bar Association - 16 Beacon Street

Please join a panel discussion of court practice and procedure: Presenting your Adjustment and Cancellation cases. Topics will elements of the case and procedure for putting on evidence (direct, cross, experts, establishing a foundation). This meeting is particularly timely: the Immigration Court Practice Manual, effective April 1, 2008 will replace local court rules.

Panelists:
Leonard I Shapiro
Boston Immigration Court

Matthew D'Angelo
Boston Immigration Court

Robert Halpin
Boston Immigration Court

Howard Silverman
Ross, Silverman & Levy LLP

Brian T. O'Neill, Sr.
O'Neill Law Offices


13. SAVE THE DATE: Open House

Tuesday, April 29, 2008 - 5:30 pm
Boston Bar Association - 16 Beacon Street

Visit our calendar for more information as it becomes available!


14. SAVE THE DATE: Annual Judicial Forum

Click here to RSVP for this event.

Wednesday, May 14, 2007 - 5:00 pm
Boston Bar Association - 16 Beacon Street

Join us for the New Lawyers Section’s Annual Judicial Forum followed by a free reception. Featuring judges from the various courts, this program will provide the unique opportunity to learn:

  • What not to do when appearing before a Judge
  • How to get a Judge’s (positive) attention
  • Practical tips to improve your courtroom skills

Panelists include:

  • Chief Justice Robert A. Mulligan, Trial Court
  • Judge David Lowy, Superior Court
  • Judge Mark Lawton, Juvenile Court
  • Judge Mark Green, Appeals Court
  • Judge Margot Botsford, Supreme Judicial Court
  • Magistrate J. Dein, MA USDC

Moderator:

  • Judge Allan Van Gestel, Retired

15.Visas for Foreign Nationals with Outstanding / Extraordinary Ability

Click here to RSVP for this program.

Thursday, May 22, 2008 - 12:15 pm
Boston Bar Association - 16 Beacon Street

Join Mary Gilbert and Steve Clark of Flynn & Clark, P.C., for a discussion of visa options for stars and rising stars:
• Eb1A Extraordinary Ability,
• EB1B Outstanding Researchers/Professors,
• National Interest Waivers, and
• Nonimmigrant O-1.

Learn practice tips and tools for a successful petition.


The Steering Committee for the New Lawyers Section meets the first Wednesday of every month at 8:30 a.m. All are welcome.  The next meeting will be March 5. 

Questions or comments about this newsletter?Contact Alex Klibaner, Sally & Fitch LLP, at 617-542-5542 or ak@sally-fitch.com.

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