September 2007 - Newsletter
1.  
2.  
3.  
4.  
5.  
6.  
7.  
8.  
9.  
10.  
11.  
12.  
 
















Upcoming Meetings & Events

1. Review of Recent Leasing Cases



Click here to RSVP for this program

Monday, September 17, 2007
12:00 p.m.

Boston Bar Association


Join us as we review and discuss recent court cases concerning commercial real estate leases, including Cummings Properties LLC v. National Communications Corporation, the recent SJC decision concerning the enforceability of acceleration of rent clauses. 


2. Preparing for and Addressing Data Breaches

Click here to RSVP for this program

Monday, September 17, 2007
12:00 p.m.
Boston Bar Association

Join us for the first meeting of the Intellectual Property Law Section's newest committee! Jim Leonard and Alan Brill of Kroll will discuss the state of identity fraud, how organizations can minimize the risk of incidents, and the key steps that must be taken when an incident occurs. Topics to be considered include:

  • options for breach reporting/credit monitoring/identity restoration;
  • the fact that people involved in the incident may be identity theft victims, but not through your incident,
  • problems related to the many different laws which provide for different reporting triggers, requirements, and specific wording.

***To join this BRAND NEW Committee, please call Member Services at
617-778-2040.


3. Avoiding Employment Discrimination Claims

Please click here to RSVP for this event

Wednesday, September 19, 2007
12:00 p.m.
Boston Bar Association

Chris Kauders, mediator/arbitrator with Pretrial Solutions, and Pam Smith, an attorney with more than twenty years experience as in-house counsel with two Fortune 500 companies and a major university, will discuss the explosion in disability discrimination claims due to an aging and less healthy workforce which often results from management’s lack of awareness and training. Too often, employers assume managers know the right thing to do; unfortunately, oftentimes they do not.  The manager’s ignorance will be no excuse under the law for the employer. The solution:  some simple and cost-effective steps that employers can take to avoid litigation which our speakers will share with us.


4. BBA CLE: Undue Influence and Incompetence Cases in the Probate Courts

Thursday, September 20, 2007
4:00 p.m. – 7:00 p.m.
Boston Bar Association

An aging population is spawning a flood of litigation in the Probate and Family Court involving wills, trusts and conveyances.  Simultaneously, a growing body of medical evidence in this area is casting new light on how undue influence and incompetence is proven.  The new Appeals Court decision in Estate of Moretti may shift the burden of proof to parties who have thought their actions were safe from any real scrutiny. Inconsistent evaluations by treating physicians often make trial of these cases challenging and the outcomes depend on expert testimony.  

This expert panel will discuss approaches to pleading and trying cases of undue influence and incompetence, with a focus on emerging medical information on the roles of memory and judgment in decision making.  Attendees will learn how to marshal, evaluate and present medical evidence and important considerations for the use of expert witnesses.  Judges on the panel will offer practical tips as to what evidence and arguments are most convincing in this developing area of the law. 

Click here for more information or to register.


5. Insurance 101: What Insurance Does Your Practice Need?

Please click here to RSVP for this event

Friday, September 21, 2007
12:00 p.m.
Boston Bar Association

Jack Kukowski of Bertholon-Rowland will address the basic insurance coverage that each practitioner should have to protect your business.

Specifically he will discuss: different malpractice coverage options; business protection plans which include general liability, business income loss, business overhead, and workers compensation coverage; key endorsements for each type of policy; and the difference between a claims made policy and an occurrence based policy.

This program will benefit individuals considering a move to the small practice and help existing practices evaluate their current policies and gaps in coverage.


6. Recent Trends in Defamation Law

Please click here to RSVP for this event

Monday, September 24, 2007
12:30 p.m.
Boston Bar Association

Join us as we discuss recent trends and cases in defamation law.


7. BBA CLE: Cross-Border Secured Transactions: What happens when everything that can go wrong, goes wrong?

Monday, September 24, 2007
4:00 p.m. – 7:00 p.m.
Boston Bar Association

International commercial lending transactions involving multi-national businesses have unique credit, currency and liquidity risks that are not encountered in a domestic transaction. As U.S. companies continue to expand their markets through foreign subsidiary operations, these types of transactions are becoming more and more common in today’s commercial lending facilities.  Lawyers representing these companies and the lenders who provide these facilities need to have a thorough understanding of these risks as well as the protocol for working with international local lawyers.  

Structuring, negotiating and documenting crossborder financing transactions that minimize these risks presents an array of important legal issues.  After this seminar, you will know how to address the legal issues involved in structuring, negotiating and documenting cross-border financing transactions.   You will also understand how these risks can be mitigated through the use of tested loan structures and loan document provisions and the development of close relationships with local international counsel.

Click here for more information or to register.


8. Welcome To The Jungle: A Practical Primer For Newer Business Litigators

Please click here to RSVP for this event

Wednesday, September 26, 2007
12:00 p.m.
Boston Bar Association

Lisa Fleming of Bromberg & Sunstein LLP and Peter Biagetti of Mintz, Levin, Cohn, Ferris, Glovsky and Popeo P.C. will provide a nuts-and-bolts style introduction to the local courts and ADR options for business litigators. Specifically they will touch upon basics such as:

  • commencing cases in the local, state and federal courts;
  • managing tracking orders and discovery initiatives;
  • mastering electronic filing;
  • taking advantage of ADR options;
  • and building effective relationships with the Clerks.

9. Life After the DOL Backlog Center Closes and Life Without H Visas

Please click here to RSVP for this event

Thursday, September 27, 2007
12:15 p.m.
Boston Bar Association

Steve Clark of Flynn & Clark, P.C. and Edward White of Law Office of Edward White will discuss life after the DOL Backlog Center closes on September 30th as well as life without H visas. Specific topics will include:

  • Processing Backlog Labor Certification Cases after 9/30
  • The new PERM Labor Certification Application Form
  • Work Visa Options  other than H-1B: O's, E's and J's

10. Understanding S-Type Corporation Tax Returns For Litigation

Please click here to RSVP for this event

Thursday, November 15, 2007
12:00 p.m.
Boston Bar Association

Stephen J. Bravo, CPA, will present a follow-up program on his well-attended seminar last year on understanding tax returns.  This year the program will focus on S-Type Corporations.


11. SAVE THE DATE: Annual Judicial Forum

Please click here to RSVP for this event

Wednesday, May 14, 2007
5:00 p.m.
Boston Bar Association

The New Lawyers Section’s Annual Judicial Conference will feature judges from the various courts.  This is one of our signature events, so put it on your calendar now!


12. Looking to become more involved?

Are you looking to become more involved in the New Lawyers Section, the Boston Bar Association or the legal community in general? The New Lawyers Section is looking for a few dedicated volunteers to help plan programs and/or serve as liaisons to other BBA Sections. Open positions include:

  • Delivery of Legal Services Section Liaison
  • Estate Planning Section Liaison
  • Tax Section Liaison
  • Holiday Pro Bono Reception Coordinator

If you are interested in any of these positions or want to join the New Lawyers Steering Committee to help plan programs and events, please contact Section Co-chairs Matt Moscehlla (mcmoschella@ sherin.com) and Jacy Wilson at
(jwilson@morrisonmahoney.com).


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 October 3. 

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


© 1995 - 2007 All Rights Reserved
Boston Bar Association
16 Beacon Street
Boston, MA 02108
Main: 617.742.0615
Fax:617.523.0127

Staff Phone Directory | Terms of Use | Privacy Policy
Questions, comments? contact membership@bostonbar.org