September 2008 - Newsletter
Co-Chairs
If you have trouble with the links to additional content, please scroll down.
1. Basics of Medical Malpractice
9/18/08 - 12:00 pm - RSVP now
Please join Lisa Arrowood, Todd & Weld LLP, and Brian Sullivan... more

2.

Leasing Nuts and Bolts for Conveyancers/ Drafters
9/18/08 - 12:00 pm - RSVP now
In this presentation Eric R. Everett, DarrowEverett, LLP, will review the basics of commercial leasing from the perspective of a... more


3.

Gender Issues at the Negotiating Table and in the Courtroom
9/18/08 - 12:30 pm - RSVP now
The Honorable Carol S. Ball, Massachusetts Superior Court, and Kathy Jo Cook will lead a panel discussion of gender issues... more


4.

September Social Event at Paddy-O's Pub
9/26/08 - 6:00 pm -
RSVP now
33 Union Street - Boston, MA
Please join the New Lawyers Section... more


5.

Computer Search and Seizure: Current Issues
9/23/08 - 4:30 pm
- RSVP now
Our program, led by Adam Bookbinder, Seth Berman, Allison Burroughs, and Dana Babbin will be a discussion focusing on two recent... more


6.

BBA CLE: Making the Federal Case: Winning Strategies for Trying a Civil Case to a Jury
9/24/08 - 3:00 pm - RSVP now
Trying a case to a jury in federal court can be a challenge even for experienced trial attorneys.  The environment, procedural and substantive rules... more


7. BBA CLE: The Growing Problem of Consumer Medical Debt
9/25/08 - 9:00 am - RSVP now
Medical debt is a growing problem among consumers and providers, and remains one of the major reasons... more

8.

Real Estate Section Kick-Off Event
10/02/08 - 5:30 pm -
RSVP now
The Real Estate section invites all members to a reception featuring... more


9. BBA CLE: Basics of Tax-Free Reorganizations: Acquisitive Reorganizations
10/07/08 - 3:00 pm - RSVP now
This program will introduce both tax and corporate practitioners to the fundamental concepts governing... more

10.

Understanding Insurance Policies (CGL & Others)
10/16/08 - 12:00 pm - RSVP now

Richard R. Eurich of Morrison Mahoney LLP will provide a primer for understanding Commercial General Liability... more


11. Section Member Accomplishments and News:
Congratulations to... more

12. New Feature: NLS Member Profile of the Month... more

Upcoming Meetings & Events
 

1. Basics of Medical Malpractice

New Lawyers Section and Health Law Section and Litigation Section

Please click here to RSVP for this program

Thursday, September 18, 2008 - 12:00 pm
Boston Bar Association - 16 Beacon Street

Please join Lisa Arrowood, Todd & Weld LLP, and Brian Sullivan, Sloane and Walsh LLP, for a discussion on the basics of medical malpractice.  These two experienced malpractice litigators will discuss the nuts and bolts of medical malpractice cases from a plaintiffs’ and defendants’ perspective, including the theories of liability, standard of care, available defenses, unique procedural issues, and damages.


2. Leasing Nuts and Bolts for Conveyancers/ Drafters

Title & Conveyancing Committee and New Lawyers Section

Please click here to RSVP for this program

Thursday, September 18, 2008 - 12:00 pm
Boston Bar Association - 16 Beacon Street

In this presentation Eric R. Everett, DarrowEverett, LLP, will review the basics of commercial leasing from the perspective of a conveyancer and drafter.  He will identify areas of concern for the landlord and tenant and lease provisions that both parties should be aware of.  This brown bag lunch is intended to be a nuts and bolts discussion.


3. Gender Issues at the Negotiating Table and in the Courtroom

Alternative Dispute Resolution Committee and New Lawyers Section and Family Law Section and Civil Rights & Civil Liberties Section

Please click here to RSVP for this program.

Thursday, September 18, 2008 - 12:30 pm
Boston Bar Association - 16 Beacon Street

The Honorable Carol S. Ball, Massachusetts Superior Court, and Kathy Jo Cook, President of the Women's Bar Association, will lead a panel discussion of gender issues at the negotiating table and in the courtroom. Does gender influence negotiating styles, choice of collaborative versus adversarial approaches or impact the outcome and process?

Come weigh in on your observations as to whether gender matters in ADR and at trial.


4. September Social Event at Paddy-O's Pub

New Lawyers Section

Please click here to RSVP for this program.

Friday, September 26, 2008 - 6:00 pm - 9:00 pm
33 Union Street - Boston, MA

Please join the New Lawyers Section for drinks and appetizers at Paddy O's Pub!


5. Computer Search and Seizure: Current Issues

Criminal Law Section and New Lawyers

Please click here to RSVP for this program.

Tuesday, September 23, 2008 - 4:30 pm
Boston Bar Association - 16 Beacon Street

Our program, led by Adam Bookbinder, US Attorney’s Office, Seth Berman, Stroz Friedberg, Allison Burroughs, Nutter McClennen & Fish LLP, and Dana Babbin, Middlesex DA’s Office, will be a discussion focusing on two recent cases and the complex issues they raise concerning the legal limits of searching and seizing computers.

In the first case, Commonwealth v. McDermott, the SJC held that a warrant that authorized a search for records also supported the seizure and later search of a computer capable of storing the information specified in the warrant, even though the police had had no independent probable cause to search the computer or even knowledge that the suspect had a computer.  The case also discusses whether a search warrant application has to detail the search techniques that will be used to determine what evidence is on a computer. 

In the second case, U.S. v. Arnold, the 9th Circuit held that a customs search at the airport was the equivalent of a search at the border, where a warrantless search of any container, especially one that was readily mobile, was permitted.  The court reversed an order granting a motion to suppress evidence seized from the defendant’s laptop, holding that reasonable suspicion is not required by customs officers prior to searching a computer according to the border-search doctrine.  This case also discusses whether it is particularly offensive or onerous to conduct a search of personal computer drives in the context of a border search.

Both of these cases raise significant issues concerning whether and under what circumstances law enforcement can access information stored on a computer and how they can ensure that the information found on the computer will be available for use at a later trial or other legal proceeding.


6. BBA CLE: Making the Federal Case: Winning Strategies for Trying a Civil Case to a Jury

Sponsored by: Boston Bar Association Litigation Section
Wednesday, September 24, 2008 - 3:00 p.m. – 6:30 p.m.

Trying a case to a jury in federal court can be a challenge even for experienced trial attorneys.  The environment, procedural and substantive rules, and local practices in the U.S. District Court can be daunting to those trying or even filing a case.  Practitioners need consider many questions, for example: What are the key themes of my case?  How will those themes be received by the jury?  How do I go about persuading the jurors?  How do I tell my client's story and get the evidence in? What witnesses and documents will I need?

The experienced panel, comprised of highly regarded federal court trial lawyers with a variety of backgrounds, will answer these questions as well as questions from attendees. The panel’s strategic insights will be useful to experienced practitioners as well as those relatively new to federal court trial practice.

For more information or to register, please click here.


7. BBA CLE: The Growing Problem of Consumer Medical Debt:  Everything you want to know but are afraid to ask

Sponsored by: Boston Bar Association Health Law and Solo & Small Firm Sections
Thursday, September 25, 2008 - 9:00 a.m. - 12:00 p.m.

Medical debt is a growing problem among consumers and providers, and remains one of the major reasons behind consumer bankruptcies.  This program will explore the numerous forces that continue to drive this phenomenon as well as the local and national issues that contribute to the problem. Attendees will learn the legal, regulatory and economic  framework within which consumers, payors and providers operate. You will hear from consumer legal advocates, hospital attorneys, payor executives, and government lawyers on what you need to know to understand this issue and represent your clients.

For the solo practitioner representing consumers, learn how to use Chapter 93A to protect your client and generate fees.  The program will conclude with a roundtable discussion focusing on collaborative solutions to the medical debt problem. The program

will be interactive and attendees will have the opportunity to ask written and oral questions.

For more information or to register, please click here.


8. Real Estate Section Kick-Off Event

Real Estate Law Section and New Lawyers Section

Please click here to RSVP for this program.

Thursday, October 2, 2008 - 5:30 pm
Boston Bar Association - 16 Beacon Street

The Real Estate section invites all members to a reception featuring remarks by BBA President Kathy Weinman. This event is a unique networking opportunity with a broad range of members and provides a glimpse into what is in store for the section this year. Enjoy cocktails and hors d'oeuvres as co-chairs from each committee highlight upcoming programming and other section happenings.


9. BBA CLE: Basics of Tax-Free Reorganizations: Acquisitive Reorganizations

Sponsored by:  Boston Bar Association Tax Section
Tuesday, October 7, 2008 - 3:00 p.m. – 7:00 p.m.

This program will introduce both tax and corporate practitioners to the fundamental concepts governing the taxation of acquisitive reorganizations.

The panel will provide a thorough analysis of the tax requirements applicable to tax-free reorganizations under Section 368 of the Internal Revenue Code. In addition, the panel will discuss practical solutions to issues that arise in negotiating and closing such a transaction. A representative from the Treasury will provide insight into Treasury’s view on current issues involved in tax-free reorganizations.

For more information or to register, please click here.


10. Understanding Insurance Policies (CGL & Others): The Obvious and The Surprising

New Lawyers Section

Please click here to RSVP for this program.

Thursday, October 16, 2008 - 12:00 pm
33 Union Street - Boston, MA

Richard R. Eurich of Morrison Mahoney LLP will provide a primer for understanding Commercial General Liability and other insurance policies.  Specific topics will include:

  • Occurrence vs. Claims Made – what is covered and what is not
  • Limits – are they always as much as they say they are
  • Insureds – named, unnamed, and additional
  • Exclusions:
    • Intentional/criminal acts
    • Injuries to employees
    • Business risk exclusions
    • Contractual liability exclusions
    • Others
  • Rights and Duties – insurer and insured

11. Section Member Accomplishments and News

Congratulations to Attorney Wendy Hickey on a recent victory in the Suffolk Probate Court after a five day removal trial as first chair counsel with the back up of a second chair paralegal.


12. NLS Member Profile of the Month

In an effort to get to know our members better, we will now be profiling a “NLS Member of the Month” each month in our newsletter. 

Our September 2008 Member of the Month is Tanya Oldenhoff - our section co-chair and senior associate at Sloane & Walsh.  Tanya has been a member of the BBA since 2002. 

Tanya did not always want to be a lawyer.  An internship during her college days at Boston College working with juvenile delinquents inspired her passion in the law.  Tanya believed a legal career would also fulfill her passion for writing and ongoing search for life’s next challenge.  She worked as a paralegal for a few years, then attended Suffolk University Law School where she graduated in 2000.  Out of law school Tanya worked for a small general practice firm so she got a taste of insurance defense litigation, probate work, corporate transactions, trademark, employment law and estate planning.  In 2005 Tanya joined Sloane and Walsh where she now practices complex litigation involving medical malpractice defense, employment law and premises liability.  Tanya has been lucky enough to find a firm supportive of her career and ideas.  At Sloane and Walsh Tanya has experienced freedom to manage her own cases.  She has argued substantive and dispositive motions in Superior and Federal Court, conducted and defended depositions and tried a case with another senior associate resulting in a favorable verdict for their client.  Recently, Tanya was also hand-picked by a high profile client to second chair a very complex trial with a partner.  Tanya started a Firm newsletter and, with backing and support from firm members, published the first edition this summer.

In her spare time, you can find Tanya working out or dining with friends at Boston’s latest hot new restaurants.  The only downside to Tanya’s legal career is a familiar one - the caseload can be overwhelming at times, leaving little room for other enjoyable pursuits. 

About her involvement in the BBA, Tanya says the connections she has made with other lawyers and judges have been invaluable.  The BBA has enabled Tanya to meet and talk with lawyers in other practice areas, at different stages in their careers and to get to know judges in a comfortable and unintimidating setting. 

Congratulations and thanks to Tanya for being our first profiled member of the month!

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 1st.


Questions or comments about this newsletter? Contact Wendy Hickey, Nissenbaum Law Offices, at 617-330-9090 or wendy@nissenbaumlaw.com.

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