Confidentiality, Reporting Up, and Acting Out: the Case of General Electric and M. Adriana Koeck

10/01/2014 - 12:30PM to 1:30PM
In-house lawyers have duties to their employers that other employees do not, including obligations to protect the confidences of the employers even after they are terminated and to report up within the organization when they detect illegal conduct. How do these duties impact a terminated in-house lawyer who engages in whistleblowing activity and ends up in litigation with his or her former employer? And how do they impact other lawyers who assist that in-house lawyer in these undertakings?...
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Mediating and Arbitrating Construction Disputes

09/30/2014 - 12:30PM to 1:30PM
Construction law is a niche practice that raises unique liability and damage issues. It remains an area where arbitration often is mandated or optional, and where a good mediator really needs a strong subject matter knowledge baseline....
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Civil Rights Litigation and Police Misconduct

09/30/2014 - 12:30PM to 1:30PM
In the wake of allegations of police misconduct in Ferguson, Missouri and New York City, two attorneys who have decades of experience in representing plaintiffs and police officers in civil rights and police misconduct litigation will discuss the application of Section 1983 and offer their insights on recent incidents. ...
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Fraud on the Market after Halliburton

09/29/2014 - 12:30PM to 1:30PM
Learn about the Supreme Court's recent decision to uphold the "fraud on the market" presumption in securities class actions, while at the same time further opening the door to challenges to class certification by allowing for rebuttal of the presumption in addition to those featured in other recent decisions in Wal-Mart Stores v. Dukes and Comcast v. Behrend....
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Federal Court Cases at the Nexus of Climate and Energy: A Summer Round-Up and a Look Ahead

09/22/2014 - 12:30PM to 1:30PM
The panelists will provide an overview of some of this summer’s significant cases, including the Supreme Court’s decision regarding EPA's authority to regulate greenhouse gases through Prevention of Significant Deterioration or Title V permits....
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Young Lawyers Roundtable: A Conversation with Judge Sorokin

09/18/2014 - 8:00AM to 9:00AM
The next installment of the Young Lawyers' Roundtable event will feature a conversation with the Honorable Leo Sorokin. The Young Lawyers' Roundtable program is a new event series designed to foster a unique and collegial atmosphere in which young attorneys and members of the U.S. District Court can meet and discuss important issues of the day....
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CLE - Tackling Clean Energy Projects: Risk Management & Future Growth

09/17/2014
Learn about the risk management involved in negotiating clean energy projects, the citing and permitting challenges they face, and the projected future of solar and wind power projects in Massachusetts and regionally....
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6th Annual Symposium on Employee Non-Compete Agreements, Confidential Information, and the Uniform Trade Secrets Act

09/16/2014
It has been argued that employee non-compete agreements (NCA’s), in addition to being unfair, have hurt innovation and enterprise creation in Massachusetts. Advocates for the status quo insist that the NCA’s are strictly scrutinized and necessary for the protection of confidential information of employers. The 188th General Court Senate overwhelmingly approved an economic development bill that included both a BBA-tweaked version of the 48-states-adopted Uniform Trade Secrets Act and a compromise mechanism to discourage overreaching employee NCA’s. These provisions were “held in conference.” In the BBA’s sixth summer symposium on these issues, legislators, administrators and lawyers advocating or advising on reform will provide an overview of recent developments and issues going forward. Arguments will be made for the status quo. There will be opportunity for attendee questions and presentation of views. ...
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Ethics and Tips for Attorney Voir Dire

09/09/2014 - 12:30PM to 1:30PM
Governor Patrick recently signed into law a bill to permit attorney voir dire of jurors. Many Massachusetts practitioners have limited experience with conducting voir dire. This program will include a presentation from trial lawyers who have experience in other jurisdictions in conducting voir dire as well as an ethical component discussing the ethical limits and proscriptions that attorneys must keep in mind when the law goes into effect....
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Sports Law Roundtable Featuring Sports Illustrated's Michael McCann: The Donald Sterling Controversy

08/08/2014 - 12:00PM to 2:00PM
Sports Illustrated's Michael McCann leads a panel of sports law experts to discuss the Donald Sterling controversy and the legal, business and ethical issues relating to his impending ouster from the NBA. The efforts to remove Mr. Sterling from the NBA touch upon many different areas of law, including the right to privacy, constitutional law, antitrust law, contract law, tax law, probate law, the rules of evidence, and the extent to which the courts will review the decisions of private associations like the NBA. Join us for a wide-ranging discussion on Donald Sterling and the many issues that his saga poses for the law, business and ethics of sports....
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Young Lawyers Roundtable: A Conversation with Judge Casper

08/07/2014 - 8:00AM to 9:00AM
The Young Lawyers' Roundtable program is a new event series designed to foster a unique and collegial atmosphere in which young attorneys and members of the U.S. District Court can meet and discuss important issues of the day. Each event in the series will be hosted at the John Joseph Moakley U.S. Courthouse by a different judge of the Court, and will provide a small-group setting in which the judge and participants can interact and share insights....
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Young Lawyers' Roundtable: A Conversation with Judge Boal

07/17/2014 - 8:00AM to 9:00AM
The Young Lawyers' Roundtable program is a new event series designed to foster a unique and collegial atmosphere in which young attorneys and members of the U.S. District Court can meet and discuss important issues of the day. Each event in the series will be hosted at the John Joseph Moakley U.S. Courthouse by a different judge of the Court, and will provide a small-group setting in which the judge and participants can interact and share insights....
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Grow Your Alternative Dispute Resolution Practice: Advice from the Experts

06/25/2014 - 3:00PM to 7:00PM
Business development is a must, but ADR and other private practitioners often find it daunting. Advances in technology create both opportunities to reach potential clients and questions about the wide array of possibilities. This program, designed for ADR and solo or small firm practitioners, will cover the business development techniques you need to know and will show you how to use social media to get your message out....
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CLE - Medicare Liens and Their Impact on Litigation

06/24/2014
Attend this program to learn the nuts and bolts of how to deal with Medicare liens from the start to finish. As the law and procedures in this area continue to evolve, attorneys need to keep abreast of recent developments....
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Taxes, Charities, Conservation Land, Biodiversity, and Climate Change Unite in New England Forestry Foundation, Inc. v. Board of Assessors of Hawley

06/23/2014 - 12:00PM to 1:00PM
This program will discuss the Supreme Judicial Court’s recent decision in New England Forestry Foundation, Inc. v. Board of Assessors of Hawley, a case with implications for thousands of acres of conservation land and municipal tax revenue....
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What’s in Your Bitcoin Wallet? The Real World Risks of Virtual Currency

06/19/2014 - 12:30PM to 2:00PM
Panelists from the bar, the FBI, and accounting and finance professions will review how Bitcoin was created, the technology that supports Bitcoin, how it functions, and potential problems with the use of virtual currencies. They will review practical considerations for valuing Bitcoin transactions and assets, identifying fraud and other malfeasance, and the impact on capital markets. Attendees will be encouraged to participate in a discussion of the potential legal issues surrounding Bitcoin and other virtual currencies....
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CLE - The Dash to Court: Seeking and Opposing Preliminary Relief in the Business Litigation Session

06/18/2014
Join us for a session on the developments of the BLS, recent changes, judge-specific preferences, and practice pointers. The program will be of benefit to lawyers of all level of experience who litigate in the BLS....
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CLE - Whistleblowers: A Practical Discussion of How to Respond to Claims and Address Risks

06/16/2014
In this CLE, we will provide an overview of whistleblower programs, key developments in applicable laws, how to develop an appropriate response to whistleblower claims, and steps that employers can take to address whistleblower risks....
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MRI: Disc and Spinal Pathology for Your Personal Injury Case

06/16/2014 - 12:30 PM to 01:30 PM
Come learn the important details Disc and Spine Injuries and MRI. This program will cover: The research that will enable you to fully document the extent of injury to get full compensation for your clients Detailed information to expose and overturn deceptive defense medicine on disc injuries and put you back in the driver’s seat with your personal injury cases Why your clients are in pain and have a normal MRI ...
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The Basics of Patent Damages

06/12/2014 - 12:00 PM to 01:00 PM
This one-hour session will provide the basics on patent infringement damages......
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Healthy Competition: Chapter 91 and Competing Projects in Designated Port Areas

05/29/2014 - 12:30 PM to 01:30 PM
Learn how the recent Appeals Court Decision in Beverly Port Marina v. DEP will affect your clients’ Chapter 91 License applications in Designated Port Areas, and how competing proposals for water-dependent uses will be considered in the process....
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A Lunch Discussion With SJC Clerk Francis Kenneally on E-Filing and Other Developments

05/22/2014 - 12:00 PM to 01:00 PM
For the first time in nearly 15 years, the Supreme Judicial Court for the Commonwealth has a new clerk! Recently-appointed clerk Fran Kenneally will speak about his office’s current priorities, including the status of the SJC’s pilot program on rebuttal time at oral argument. Mr. Kenneally will also update us on e-filing and ways that the SJC is taking advantage of technology....
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CLE - The Massachusetts Securities Division: Effective Investigation and Litigation Advocacy

05/21/2014
As one of the most active state securities regulatory agencies, The Massachusetts Securities Division (MSD) is increasingly focused on its enforcement priorities. Join us for an in-depth look at MSD investigations and proceedings. Learn from Boston's best as to the finer points of practice in this active and complex arena....
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Intellectual Property Basics Workshop: Copyright Fundamentals

05/20/2014 - 05:00PM to 08:00PM
The third in the IP Basics Workshop Series, this workshop will focus on the fundamentals of copyright litigation, including: Copyright creation and registration Protection of copyrights Licensing (e.g., work-for-hire agreements) Copyright infringement, defenses, and fair use Take down letters Safe harbor protection...
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CLE - Class Action Settlements: Innovative Approaches to Class Notice, Objector Litigation, and Mediation

05/20/2014
Join us for a detailed look at Recent Developments in Class Action Settlements. Innovative Approaches to Class Notice, Objector Litigation, and Mediation will be discussed with additional examination given to ethical considerations. Participants will earn .5 hours of ethics credit....
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Ethical Issues and Traps with Estate Planning and Estate Administration

05/19/2014 - 12:00PM to 1:00PM
Join us for a roundtable discussion of ethical issues and traps for practitioners involved in estate planning and estate administration. Fees, billing, conflicts and other topics will be discussed during this helpful roundtable discussion. Estate planning/administration lawyers, professional trustees and estate representatives and professional malpractice/discipline lawyers will benefit from this discussion....
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Antitrust Counter-Attacks in Patent Litigation

05/15/2014 - 12:00 PM to 01:00 PM
This program will discuss the interplay between patent law and antitrust laws. In certain cases, clients involved patent lawsuits have use antitrust counter-attacks to their advantage. This program will discuss the types of antitrust counterclaims brought in patent suits and the use of antitrust concepts to change the narrative of a patent litigation. The presenter will also describe the practical aspects of coordinating patent and antitrust litigation and the strategic decisions litigants confront....
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Young Lawyers' Roundtable: A Conversation with Judge Young

05/15/2014 - 8:00AM to 9:00AM
- NOTE: This program is currently at capacity. - The Young Lawyers' Roundtable program is very pleased to announce that our next event in the series will feature a conversation with the Honorable William G. Young, an esteemed veteran of the Court and nationally acclaimed teacher of evidence and trial advocacy. ...
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Bankruptcy Basics For Construction Lawyers - What You Need To Know About Bankruptcy To Assess Risks And Avoid Traps

05/05/2014 - 12:30 PM to 01:30 PM
Paul O’Donnell, Esq. of Hinckley Allen, will discuss risks especially inherent in bankruptcy (or potential bankruptcy) matters involving construction projects and contractors. Whether you are adversarial to a party on the verge of bankruptcy or your own client faces such a problem, you will want to consider the risks Paul discusses with us based on his 25 plus years in the industry....
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Causation After Nassar

04/29/2014 - 12:30 PM to 01:30 PM
We will discuss the implications of the Supreme Court's recent Nassar decision -- including its potential impact on summary judgment motions in federal court; the interpretation of other retaliation provisions; and what it says (or doesn't say) about the vibrancy of Title VII in the Roberts Court era....
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Avoiding Panic: Managing a High Risk Data Breach

04/29/2014 - 12:30PM to 1:30PM
This program will provide an overview of the legal framework governing data breaches as well as practical advice on how to prepare for, and respond to, a data breach....
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Bringing — or Defending — Chapter 30A Appeals of Administrative Agency Decisions

04/29/2014 - 12:00PM to 1:00PM
Chapter 30A appeals of state administrative agency decisions are governed by their own set of procedures, rules, and standards of review, which can trip up the unfamiliar lawyer. Carrie Benedon, an Assistant Attorney General in the AGO’s Government Bureau, and Tad Heuer, an attorney at Foley Hoag whose practice focuses on administrative law, will present an overview of the process for seeking judicial review of state administrative agency decisions. The program will include a discussion of applicable procedures, timelines, and deadlines; the role of the administrative record; the responsibilities of each party to the appeal; and the standard and scope of judicial review. This 1-hour program is open to all, but will be geared toward the new lawyer or occasional administrative law practitioner. ...
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Trying Medical Malpractice Cases in Federal Court

04/29/2014 - 12:00PM to 1:00PM
Please join us for a brown bag luncheon on Tuesday, April 29, at which U.S. Magistrate Judge Judith G. Dein will speak about medical malpractice trials in federal court. Judge Dein will cover the do’s and don’ts of medical malpractice trials, based on her fourteen years' experience as a federal magistrate judge in Boston. Her insight and suggestions will be invaluable to both plaintiffs' and defense attorneys. The presentation will be in the Moakley U.S. Courthouse on Fan Pier, in the Jury Assembly Room on the second floor, starting at noon. Please come early if you want to buy your lunch at the cafeteria, which is also on the second floor....
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Crash Dynamics, Causality, and Bodily Injury

04/28/2014 - 12:30 PM to 01:30 PM
Please join us for an interactive discussion about the proper evaluation of personal injury claims. Dr. Chris Quigley will provide a follow-up to his previous discussion about spinal and brain injuries. This discussion will address the methods that claims professionals use to evaluate claims and estimate case value, including the infamous Colossus program. This program will be helpful to plaintiff and defense counsel alike....
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The Use of Mediation to Provide Creative Solutions in Family Business Matters

04/25/2014 - 09:00 AM to 11:30 AM
This interactive program will bring experts in mediation to the BBA in this free CLE program. The panel will demonstrate best practices and techniques through a series of mock mediations addressing issues related to closely held and family businesses....
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CLE - Closely Held Business Disputes: Legal Issues and Practical Considerations for Litigation and Negotiation

04/24/2014
Learn about the issues that commonly arise in disputes involving close corporations and other privately held small businesses - including privilege and conflict of interests, available remedies for breach of fiduciary duty, the differences between Massachusetts and Delaware law, indemnification of officers and directors, and key provisions in shareholder agreements....
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Forced Place Insurance Class Actions in the First Circuit: John Englander and Ed Haber Discuss their En Banc Argument Kolbe v. Bank of America

04/24/2014 - 12:30 PM to 01:30 PM
This roundtable will feature John Englander and Ed Haber who argued the Kolbe v. Bank of America force placed insurance class action motion to dismiss twice before the First Circuit. Following the first argument, the panel split 2-1, reversing the District Court’s opinion granting the motion. The First Circuit, sitting en banc, vacated the panel’s decision in a 3-3 decision that restored the dismissal by default....
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Defending Depositions: What Every Litigator Needs To Know

04/17/2014 - 12:30PM to 1:30PM
This program will provide attendees with valuable guidance from experienced litigators on successfully defending depositions. The panel will address various topics including preparation techniques, use of objections and instructions not to answer, cross-examination, and concluding or suspending depositions. The format will be an interactive discussion amongst panelists and attendees....
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What Corporate Counsel Want from the Arbitration Process: Feedback from CPR Surveys and New Tools for Attorneys and Arbitrators

04/10/2014 - 12:30 PM to 01:30 PM
Business arbitration practitioners, on all sides of the table, are always seeking ways to make arbitration less expensive and more efficient. How is it going? Are attorneys and arbitrators meeting those goals? If not, what is still standing in the way? And where it is working well, what is making those cases succeed?...
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CLE - Securities Enforcement 2014: An Inside Look at New Developments at the SEC, the USAO, and the Insider Trading Trials of the Year

04/09/2014
This program will review recent SEC / DOJ trends, explore strategies to take in the courtroom, and will provide helpful approaches for practitioners representing clients under investigation, when indicted, and during appeals....
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Trying a Case in Housing Court Training

04/07/2014 - 03:00 PM to 06:00 PM
Both tenants and landlords need representation in the Boston Housing Court. These cases can be a part of a pro bono project or can be cases on which to build a practice. This training will guide you through the case from opening to closing with a special presentation on evidence rules as the pertain to eviction cases....
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Full Speed Ahead: Tactics on How to Keep Cases Moving Along

04/07/2014 - 12:00PM to 1:00PM
Please join us for an interactive discussion about case management in state court. Superior Court Judge Dennis Curran and Attorney Charles Waters will provide tips regarding the mechanisms available to litigants to help move cases forward, including Rule 16 conferences, Rule 33 Final Requests for Interrogatory Answers, and other strategies and procedures to prevent cases from becoming idle. You will learn about the different mechanisms that are available, as well as the best times to implement them....
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CLE - The FCPA, Public Corruption and Government Prosecutions: An Update

04/03/2014
The BBA will bring you insight from leading practitioners in this comprehensive overview of the FCPA and public corruption and government fraud prosecutions. The program will be followed by a reception....
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Talking Turtles and Takes: The SJC & Priority Habitat Regulations Under the Mass. Endangered Species Act

04/03/2014 - 12:30 PM to 01:30 PM
This program will discuss and analyze the SJC’s recent decision in Pepin v. DFW, which upheld the Division of Fisheries and Wildlife’s “Priority Habitat” regulations under the Massachusetts Endangered Species Act. The Department of Fish and Game’s General Counsel will briefly summarize MESA and its implementing regulations and frame the legal issues. Counsel who argued the case will then discuss the SJC’s decision, focusing on the differences between the “Significant Habitat” program established by MESA, and the Priority Habitat program established by DFW regulations to implement MESA’s “take” prohibition....
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Boston Bar Association Chess Night

04/01/2014 - 12:30 PM to 01:30 PM
Please join the Intellectual Property Law Section for a fun and social evening of chess at the BBA. Appetizers, beer, and wine will be available. This program is co-sponsored by the Boylston Chess Foundation. ...
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2013 SEC Accounting and Auditing Enforcement Releases: Regulatory and Enforcement Issues in Context

04/01/2014 - 12:30 PM to 01:30 PM
Panelists will review findings, observations, and insights on SEC Enforcement Actions in 2013, Accounting Auditing and Enforcement Releases by the Commission and comment on notable trends. Comments will feature some of the more notable accounting and auditing releases during 2013 including: • Segment reporting • 102(e) rule interpretation • Materially overstated cash balances •...
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Mechanic’s Liens – What’s new in the world of lien law?

03/31/2014 - 12:00PM to 01:00PM
Join the Construction Law Committee for a discussion of recent mechanics lien cases....
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United States v. Mathew Martoma: Lessons Learned from One of the Country’s Largest and Most Significant Insider-Trading Trials

03/28/2014 - 12:30PM to 1:30PM
In February 2014, a federal jury sitting in the Southern District of New York convicted Mathew Martoma, a former SAC Capital Advisors LP portfolio manager, of insider-trading for conducting trades resulting in profits and avoiding losses of approximately $275 million as a result of allegedly obtaining confidential information in connection with a clinical trial for an experimental Alzheimer’s drug....
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The Business Litigation Session: Unplugged

03/26/2014 - 12:30 PM to 01:30 PM
Join judges from the Business Litigation Session to discuss the inside of the BLS. We will hear their perspectives on: advantages of the BLS over civil sessions and why you might want to litigate your case in the BLS; why certain cases and not others are accepted into the BLS; BLS-specific guidance and orders; whether you should opt into the Pilot Program; and how case management is handled in the BLS. You will have the opportunity to bring your own questions to the judges too....
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New Bedford Harbor Cleanup Settlement

03/20/2014 - 12:00PM to 01:30PM
Last fall, the federal district court in Massachusetts approved the settlement agreement expediting the cleanup of the New Bedford Harbor. Private and public sector representatives will provide a history of this case, which was filed in 1983, and discuss the events leading up to the largest single-site cash-out settlement in Superfund history....
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Don't Slip Up on Your Chance to Settle: Tips for Mediating Premises Liability Disputes

03/13/2014 - 12:30PM to 01:30PM
Please join us for a lively and interactive panel discussion on the ins and outs of mediating premises liability cases. Our speakers will provide the plaintiff’s, defense, and mediator’s perspectives on what makes premises liability cases well-suited to mediation, what’s the right time to mediate premises liability cases, how counsel should approach mediation to reach the best outcome for their clients, how recent developments in the law have affected premises liability mediation, and more....
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ERISA Class Actions

03/10/2014 - 12:30 PM to 01:30 PM
This panel featuring experienced litigators from the plaintiff side and defense side, will discuss hot issues in ERISA litigation, focusing on remedies, class actions, and certiorari grants to Supreme Court...
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An Insider's Guide to The DCAM Certification Process

03/07/2014 - 12:30 PM to 01:30 PM
The Construction Law Committee of the BBA's Real Estate Section is pleased to welcome Freya Bernstein, Deputy General Counsel of DCAM for an inside look at the public construction certification process and scoring, annual reviews, joint venture certifications, evaluations by awarding authorities following project completion, and how to address evaluation protests with DCAM. If you have clients who work with state properties or clients who wish to, don't miss this free program! ...
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Lawyer Errors: Ethical and Practical Obligations When You Make a Mistake

03/07/2014 - 12:00PM to 01:00PM
Roundtable discussion of best practices and ethical considerations when a lawyer has made a mistake. How to minimize the damage and complying with ethical obligations to the client are key components of the discussion. Lawyers at firms of all sizes will benefit from this discussion....
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Prospects of IP Assertion in the US International Trade Commission

03/06/2014 - 12:00 PM to 01:00 PM
The US International Trade Commission (USITC), in its executive role of protecting American industry, has evolved as an intellectual property enforcement forum. With American companies shifting much of their manufacturing abroad and off-shore companies establishing operations in the US, it is not unusual that a domestic industry petitioner in one proceeding is a respondent importer in another....
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Young Lawyers' Roundtable: A Conversation with Chief Judge Saris

03/06/2014 - 8:00AM to 9:00AM
The Young Lawyers' Roundtable program is a new event series designed to foster a unique and collegial atmosphere in which young attorneys and members of the U.S. District Court can meet and discuss important issues of the day. Each event in the series will be hosted at the John Joseph Moakley U.S. Courthouse by a different judge of the Court, and will provide a small-group setting in which the judge and participants can interact and share insights....
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CLE - Examination Priorities for 2014: From Regulators at the CFTC, FINRA, NFA, and SEC

02/27/2014
Don't miss this exclusive opportunity to learn about the SEC, CFTC, FINRA, and NFA's 2014 examination priorities straight from the regulators, and right on the heels of being announced!...
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Standards, Patents and Antitrust

02/26/2014 - 12:30 PM to 01:30 PM
This session will feature a litigator and economist discussing key issues from several recent antitrust cases from the District of Massachusetts, the First Circuit and other federal courts around the country involving industry standards and intellectual property....
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CLE - Discovery Disputes

02/12/2014
Skillful management of discovery issues and related disputes can not only make or break a case, it can make or break your relationship with your client. Learn from those who have navigated these issues successfully....
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Friending, Tweeting, and Connecting: Regulatory and Enforcement Issues Facing Broker-Dealers and Investment Advisors in a Social Media World

02/12/2014 - 12:30 PM to 01:30 PM
As a broker-dealer, registered representative, or registered investment advisor using social media, what are your direct and supervisory responsibilities? Hear the answers from our panelists. This brown bag lunch will discuss current FINRA Rules and Guidance on the use of social media with an opportunity to discuss real-world scenarios....
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The SEC Settlement Process: Legal and Practical Considerations

02/10/2014 - 12:30 PM to 01:30 PM
An interactive panel discussion with SEC attorneys and outside counsel regarding the SEC settlement process and the unique legal and practical considerations that influence it....
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2014 Amendments to the Massachusetts Rules of Civil Procedure: What You Need to Know

01/29/2014 - 12:00PM to 1:00PM
The Massachusetts Rules of Civil Procedure have been amended effective January 1, 2014 to incorporate new provisions, most of which pertain to handling electronic discovery. Join us for a lively discussion about these amendments...
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Federal Claims Procedures and Pitfalls

01/28/2014 - 12:30 PM to 01:30 PM
Outline of the procedure for filing claims on federal projects and a discussion of the damages which will result from improper claims on such projects....
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CLE - Representing Clients in the Mediation of Business Disputes: Strategies for Success

01/27/2014
Check out this specially discounted CLE program to hear from mediation experts how best to represent your business clients as a litigator or in-house counsel. Learn the practical skills necessary to make the mediation process work for you....
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Personal Injury Primer: The Anatomy of Disc Injuries

01/27/2014 - 12:30 PM to 01:30 PM
Dr. Quigley will educate attendees on the varying degrees of disc injury, and will include a tutorial on deciphering medical records and medical definitions. This program is a must for any lawyer who deals with personal injuries.b...
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The Disappearing Model Orders: Limitations on e-Discovery, Claims and Prior Art in Patent Cases

01/22/2014 - 12:00 PM to 01:00 PM
Without attempting to speculate (too much) on why the Model Orders disappear, this program will review the Model Orders and summarize the impact they have had on individual cases and the Local Rules adopted by the district courts....
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Patent Troll Remediation: Taking the "P" Out of "IP" Part III?

01/16/2014 - 12:00 PM to 01:00 PM
The Innovation Act may be in place by the time of this brown bag roundtable. In any case, Stephen Y. Chow, Partner, Burns & Levinson LLP, will provide briefing of its provisions – which include a partial reversal of the "American Rule" of litigants paying their own costs, restrictions on pleading and discovery and further extensions of patent-opposer "rights" in the new administrative proceedings....
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Recent Developments Under Superfund Law

01/16/2014 - 12:30 PM to 01:30 PM
Joanna Jerison, Legal Enforcement Manager, and Audrey Zucker, Chief of the Superfund Legal Office, United States Environmental Protection Agency, Region 1 (New England), will deliver their annual round-up of recent developments under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or the Superfund law....
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CLE - Introducing the BBA's New E-Discovery Guide: Discovery of Electronically Stored Information, Principles & Best Practices

01/13/2014
The e-discovery amendments to the Massachusetts Rules of Civil Procedure take effect January 1, 2014. Join us for a timely overview of the newest rules & best practices related to e-discovery and get exclusive access to the BBA's new E-Discovery Guide!...
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Internal Investigations in Securities Matters

01/08/2014 - 12:30 PM to 01:30 PM
Internal Investigations can become necessary in a variety of ways: regulatory inquiries, whistleblower complaints, shareholder demands, or just a worried general counsel. This panel will review tips on how to account for all constituents and protect yourself and your client....
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Beyond the Basics of the Litigation Cycle Part 3: Summary Judgment

01/08/2014 - 12:00 PM to 01:00 PM
Part 3 focuses on summary judgment. This Brown Bag would be useful for attorneys who find themselves pondering: What are the goals of summary judgment? Should I file even if I don’t think I have a good shot at winning? Is there anything I can do to improve my chances of prevailing on summary judgment? Should I move for partial summary judgment, e.g., on certain claims? Liability? Damages? And more....
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CLE - The Art of the Subpoena: Drafting, Responding to And Negotiating the Scope of Subpoenas During Litigation and Government Investigations

01/07/2014
In order to contain litigation costs, it is important to know how to manage & negotiate the scope of Subpoenas during litigation and government investigations. We'll tell you what you need to know!...
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CLE - An Insider’s View of False Advertising Disputes – from the FTC, NAD, and In-house Counsel

12/18/2013
As advertising has shifted from traditional media like print, television, and radio to newer media -- namely digital and social media, the opportunities for advertisers to run afoul of established guidelines have increased. This program will provide practical guidance to in-house and outside counsel to help avoid allegations of false advertising and, if faced with such allegations, to effectively defend against them. ...
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Litigation Strategies and Dangers in Wage and Hour Class Actions: A Roundtable Discussion With Leading Plaintiffs' and Defense Counsel

12/16/2013 - 12:30 PM to 01:30 PM
This roundtable discussion will focus on new issues in wage and hour class actions, including the recent Supreme Court decision in Genesis Healthcare and the use of Rule 68 offers of judgment....
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It's All About the Benjamins -- Issues and Pitfalls in Valuation

12/16/2013 - 12:00 PM to 01:00 PM
This Brown Bag discussion will cover the mechanics of valuation. Attorneys who are not economists will gain exposure to the valuation premises of a variety of approaches, including market, cost, and income approaches. Together we will discuss examples we have encountered in our practices and common issues and pitfalls associated with each valuation approach....
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Current SEC Enforcement Issues and Priorities: Thoughts of the Staff of the Boston Regional Office

12/12/2013 - 12:30 PM to 01:30 PM
With a new Chair of the SEC and a new Director of the Boston Regional Office, the SEC continues to develop enforcement programs such as specialized units with expertise in complex, high priority areas and identification of high-risk areas for further examination and investigation to protect investors and promote the integrity of the marketplace. Find out how the Boston Regional Office is undertaking these and other efforts to identify wrongdoing in the marketplace and incentivize individuals and companies to cooperate and assist with investigations....
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E-Discovery: Compare and Contrast How It Is Handled in Litigation and Arbitration

12/12/2013 - 12:30 PM to 01:30 PM
The speakers will address key issues in production, admissibility and cost-control. Additionally, this program will explore whether the flexibility of the arbitration process is a benefit or a problem in managing e-discovery....
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Construction Cocktails

12/11/2013 - 05:30 PM to 07:30 PM
Join the BBA Construction Law Committee for some fun, networking, and holiday spirit. This is a terrific time to catch up with construction law friends and make new ones....
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MassDEP Administrative Enforcement Actions

12/11/2013 - 12:30 PM to 01:30 PM
Presenters Jane Rothchild and Michelle O'Brien will discuss the mechanics and nuances of administrative enforcement actions from the initial decision to initiate an action through to its final resolution at the administrative level. In particular, the presenters will address the case selection process, including an overview of the process for deciding whether DEP will retain the case for administrative enforcement or whether the case will be handled by the Attorney General's Office (civil or criminal enforcement), developing potential penalty amounts, and negotiating strategies for enforcement conferences....
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CLE - Criminal Law Appellate Practice

12/10/2013
Join us to learn about the ins and outs of criminal appellate practice from strategy and brief-writing to meeting with clients and oral argument....
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BBA Roundtable With Paul Levenson, Head of SEC's Boston Office

12/10/2013 - 04:00 PM to 06:00 PM
This roundtable discussion with recently appointed SEC Boston Office Director Paul Levenson offers an opportunity for those who practice before the SEC's Boston office to engage in a public discussion about the SEC's policies and practices, possible areas of future focus, and suggestions for maximizing the effectiveness of the SEC's regulatory and enforcement mission....
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Lessons Learned in Public Interest Litigation and How to Find Your Next Pro Bono Opportunity

12/09/2013 - 12:00 PM to 01:00 PM
Seasoned litigators, joined by their clients, will discuss best practices for litigation to achieve social change. Attorneys from private practice and non-profit organizations will discuss their lessons learned to assist clients in effectively accessing the judicial system....
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Senior Lawyers Authors Series: The Hanging Judge by Judge Michael A. Ponsor

12/03/2013 - 12:00 PM to 01:00 PM
Join the Senior Lawyers Section as they welcome Judge Michael A. Ponsor to discuss his new novel The Hanging Judge. A discussion about his experiences as both a judge and an author will be followed by a Q&A session and a networking reception....
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Insolvency and Bankruptcy Implications in Drafting and Negotiating Settlement Agreements

12/03/2013 - 12:30 PM to 01:30 PM
Please join us on December 3, 2013 at 12:30 pm at the BBA, as our guest speakers, Francis C. Morrissey (Morrissey, Wilson and Zafiropoulos LLP, Braintree MA) and Jeffrey D. Ganz (Riemer & Braunstein LLP, Boston, MA) will discuss these and other insolvency-related issues, including most importantly whether and how to address them in the settlement documents....
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A Best Practices Guide for Corporate Use of Social Media

12/03/2013 - 12:00 PM to 01:00 PM
We will be providing a guide for corporate use of social media, including a discussion of potential misuses of social media either by a company or by competitors, fans, customers, or other third parties, and the legal basis for taking action to remedy such misuses. We will also consider legal grounds for taking action as well as practical ways to address these issues short of litigation, and discuss practical consequences of these remedies. We will include recent examples from the news and lead a discussion and Q&A of examples the attendees may have....
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Tricky Issues Relating to Privilege: Law Firm Counsel, In-House Counsel, and At Issue Waiver

12/02/2013 - 12:30 PM to 01:30 PM
Our expert panel, including the authors of recent amici briefs filed in RFF Family Partnership and the co-chairs of the committee, will discuss some cutting edge issues concerning the attorney client privilege – including the scope of the privilege for in house counsel at law firms; tricky issues that can arise for in house counsel at companies and non profit entities; and the latest rulings relating to the at issue waiver doctrine....
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Joint Litigation and New Lawyers Section Happy Hour

11/21/2013 - 05:30 PM to 07:30 PM
Here's one more thing to be thankful for this year: The New Lawyers Section is partnering with the Litigation Section for this month's happy hour! So before you fill up on turkey, come fill up on networking, good conversation, and perhaps a pint or two with two sections worth of your fellow BBA members....
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Feeney v. Dell Inc.: Enforcing a Class Action Waiver in Massachusetts

11/21/2013 - 12:30 PM to 01:30 PM
John Shope and Ed Rapacki, the lawyers who litigated the groundbreaking Feeney v. Dell Inc. case, in which the SJC first upheld a ruling invalidating a class action waiver in an arbitration agreement, and then reversed itself after the Supreme Court's ruling in American Express v. Italian Colors Restaurant, discuss the lessons and fallout from the litigation....
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Appellate Practice 101

11/18/2013 - 12:30 PM to 01:30 PM
Your client has decided to appeal, what's next? Our panel of experienced appellate practitioners will provide an overview of successful appellate strategies as well as comment on the major differences between practicing in the trial court and before the state's appellate courts....
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CANCELLED: Slip and Fall? Mediate: Using Mediation to Resolve Premises Liability Disputes

11/14/2013 - 12:30 PM to 01:30 PM
Please join us for a lively and interactive panel discussion on the ins and outs of mediating premises liability cases. Our speakers will provide the plaintiff's, defense, and mediator's perspectives on what makes premises liability cases well-suited to mediation, what's the right time to mediate premises liability cases, how counsel should approach mediation to reach the best outcome for their clients, how recent developments in the law have affected premises liability mediation, and more....
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Regulatory Takings: The State of Federal Law in Light of Koontz v. St. Johns River Watershed Management District

11/14/2013 - 12:00 PM to 01:00 PM
This forum will provide an overview of regulatory takings jurisprudence in light of the recent Supreme Court decision announced in June, 2013 in the case of the Koontz v. St Johns River Watershed Management District case. The majority and dissenting opinions will be analyzed from the perspective of both the governing/regulating sector as well as the private sector. Additional discussion will focus on implications of the Koontz case on future regulatory proceedings and permits, including matters such as impact fees, land banking, and other forms of mitigation....
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CLE - First Annual Mergers & Acquisitions Conference

11/13/2013
Join us as we bring experts in M&A and Delaware Corporations Law to you at the BBA for our first annual Mergers & Acquisitions Conference!...
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Access to Justice: Beyond the Courthouse

11/12/2013 - 05:00 PM to 06:00 PM
The Boston Lawyer Chapter, the New England School of Law Student Chapter of the American Constitution Society and the Boston Bar Association Administration of Justice Section present: Access to Justice: Beyond the Courthouse. Professor and ACS National Board of Directors Chair Peter Edelman will discuss current access to justice issues....
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Post-Grant Proceedings: What We Have Learned from the First Year

11/12/2013 - 12:00 PM to 01:00 PM
This program will go over lessons learned over the course of the first year of post-grant proceedings before the Patent Trials and Appeal board. It will cover the topics from both the petitioner's and patent owner's perspectives, going over changes that have occurred, strategies that have and haven't worked, etc. The program will also include real-world stories from the speakers experience working on covered-business method post-grant reviews and inter partes reviews....
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CLE - Ethical Witness Preparation: Drawing Difficult Lines

11/06/2013 - 04:00 PM to 06:00 PM
Preparing witnesses is essential to effective, zealous representation, but even for seasoned litigators, the ethical issues can be tough. How much preparation is appropriate? When does necessary guidance turn into improper coaching? These are difficult and fascinating challenges that every lawyer who prepares a witness must face. Dan Small, an experienced trial lawyer and author of the ABA manual, Preparing Witnesses (3d Edition, 2009), shows you how to prepare strong witnesses without crossing the ethical line....
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A Candid Bench-Bar Conversation on Judicial Evaluations

11/04/2013 - 05:00 PM to 06:00 PM
Trial Court Chief Justice Paula Carey will discuss the issues concerning judicial evaluation and why it matters. Moderator Jack Cinquegrana,will encourage lawyers to ask questions of the panel and engage in a candid and constructive dialogue to identify ways to improve participation and boost the practical value of the evaluation system....
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The Voting Rights Act: Past, Present, and Future

10/30/2013 - 12:30 PM to 01:30 PM
We'll have an informative and lively discussion on the past, present, and future of the Voting Rights Act and how to protect the right to vote. Along the way, we'll address questions such as how the recent changes to the Voting Rights Act impacts Massachusetts and the future of voting rights advocacy in the Commonwealth, the accuracy and significance of Chief Justice Robert's statement during oral argument that Massachusetts has the worst ratio of white to African-American voter turnout in the country, and the new battles of voting rights that are likely to take shape in the future....
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CLE - Nuts and Bolts: Practice and Procedure Before the Board of Bar Overseers

10/29/2013
The Board of Bar Overseers and the Office of Bar Counsel investigate complaints of wrongdoing and violations of the Rules of Ethics brought against attorneys. The number of complaints and investigations has risen in recent years. This program provides an opportunity to learn from BBO experts and will also address available opportunities to provide pro bono service to lawyers defending against BBO complaints and lawyers seeking reinstatement to the bar after a disciplinary suspension....
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Pro Bono Recruitment Fair & Open House

10/28/2013 - 05:00 PM to 07:00 PM
You are cordially invited to attend the fifth annual Pro Bono Fair for Attorneys and Law Students, to be held on Monday, October 28, 2013, from 5:00pm-7:00pm at Suffolk University Law School, 120 Tremont Street, Boston (1st Floor Function Room)....
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When to Engage: The Timing of Mediation

10/23/2013 - 12:30 PM to 01:30 PM
Our experienced guest speakers, Retired Superior Court Justice Stephen Neel (now with JAMS), Bette Roth (Mediator-Arbitrator) and Thomas Maffei (Sherin & Lodgen) will share their views on what factors counsel should consider in recommending mediation to clients, and in particular how the timing of the mediation can impact the chances of success....
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ABA's Class Actions 2013

10/23/2013 - 09:00 AM to 10/24/2013 - 05:00 PM
Please join the BBA's Class Actions Committee as they co-sponsor this ABA conference: Class Actions 2013. Attendees of the program will gain practical knowledge on how judges view class-action lawsuits, review class-action lawsuits at the state, federal and Supreme Court level, and learn trial techniques and best practices to sharpen their skills as class-action litigators....
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Clean Energy Projects Are Here

10/22/2013 - 12:30 PM to 01:30 PM
This program will address the status and growth of Clean Energy Projects; primarily wind and solar power projects and the contract risk management and land use issues that arise. This is a great opportunity for construction law lawyers, land use lawyers, and commercial real estate lawyers, to educate themselves on the status of this growth industry and the risk management issues related to it....
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Beyond the Basics of the Litigation Cycle Part 2: Written Discovery

10/21/2013 - 12:00 PM to 01:00 PM
Each Brown Bag in the series will be interactive, and attendees are encouraged to share their own thoughts and experiences on each topic presented to further enhance the learning experience of the group. Part 2 focuses on written discovery, including document requests, interrogatories, requests for admissions, and subpoenas....
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CLE - The Supremes: Review and Preview of 2013 Supreme Court and SJC Employment Cases

10/09/2013
Join us for a lively discussion of the labor & employment decisions from the U.S. Supreme Court and the SJC in the last term. For the second year in a row, the Supreme Court’s employment decisions tilted towards employers. Learn how these decisions will impact the advice you provide your clients....
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What Practitioners Need to Know About Recent Changes to the FINRA Arbitration Rules: All Public Panels, Cost-Shifting, E-Discovery, and Affirmations

10/09/2013 - 12:30 PM to 01:30 PM
For experienced and new practitioners, a panel discussion assessing recent changes to the FINRA Arbitration discovery and panel selection rules. Specifically, the panel will discuss amendments empowering arbitrators to compel firms to produce documents and witnesses without use of subpoenas and allowing non-parties to object and seek cost shifting for producing documents and witnesses....
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Diversity and Inclusion Kickoff: Superior Court Judges Offer Lessons from their First Year on the Bench

10/08/2013 - 05:00 PM to 07:00 AM
Help kick off an exciting year with the Diversity and Inclusion Section while learning effective advocacy from recently-appointed Superior Court Judges. Learn about best practices and effective advocacy in the Superior Court from the perspective of judges who, not too long ago, were practicing attorneys themselves....
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Presumptive Mediation: Judge Curran Discusses his Pilot Superior Court ADR Program

10/04/2013 - 12:30 PM to 01:30 PM
The Administration of Justice Section invites you to join Judge Curran to discuss his experience with the pilot project, including the state of the Superior Court's civil docket, the benefits of mediation for early case resolution, and presumptive mediation's effect on the speedy disposition of cases. We will also discuss Medicare liens and how the Medicare Secondary Payor statute affects case resolution, including through mediation....
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CLE - Commodity Futures Regulatory Roundtable: NFA and CFTC Enforcement

10/02/2013
Join us for an in-depth analysis of the current enforcement regulatory priorities from the Commodity Futures Trading Commission (CFTC) and The National Futures Association (NFA). A reception will follow. ...
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