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

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

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

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

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

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

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

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

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

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

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

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

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

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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Beyond the Basics of the Litigation Cycle: Initial Pleadings and Dispositive Motion Practice

09/26/2013 - 12:00 PM to 01:00 PM
The Beyond the Basics Brown Bag series is geared to mid-level and senior associates who have mastered the fundamentals of litigation and would benefit from a discussion of strategic considerations and procedural nuances that arise in each stage of the lifecycle of a Massachusetts state civil litigation. This Part 1 focuses on initial pleadings and dispositive motions, including complaints, answers, motions to dismiss, and motions for judgments on the pleadings. ...
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Beyond the Emails: E-Discovery Involving New Communications and Data Storage Technologies

09/25/2013 - 12:30 PM to 01:30 PM
In this brown-bag lunch, we will discuss the new technologies that companies are using for communications and to store data, the questions you should ask opposing counsel or your client to ensure discovery of all relevant electronic data, and the strategies to best position yourself when discovery disputes arise involving these new data platforms....
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FTC v. Actavis - Where do Hatch-Waxman settlements go from here?

09/19/2013 - 12:00 PM to 01:00 PM
Mark Ford, a Boston-based partner in WilmerHale's Antitrust and Competition Group, and Kristen Johnson Parker, an associate in the Boston office of the plaintiffs' class action litigation firm Hagens Berman Sobol Shapiro LLP, will discuss this and other recent developments in the law regarding Hatch-Waxman settlements. Both have practices which focus on cases at the antitrust-IP intersection....
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Criminal Investigations and the Future of Data Privacy in the Wake of Edward Snowden and the NSA Surveillance Program

09/18/2013 - 12:30 PM to 01:30 PM
Join Assistant United States Attorney Amy Burkart, and The Ashcroft Group's Data Privacy Counsel, Ellen Giblin, for an informative and lively discussion about the future of criminal investigations and data privacy in the wake of recent global events....
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Unionization of Construction Companies

09/17/2013 - 12:30 PM to 01:30 PM
Construction companies are at times faced with potential unionization. Come and hear as two of the preeminent lawyers in the field, Carol Chandler and Don Siegel, discuss these issues from both union and non-union perspectives....
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CORI Training

09/16/2013 - 04:00 PM to 06:00 PM
The BBA is collaborating with Greater Boston Legal Services to train attorneys to help clients from Roxbury, Dorchester and other low-income Boston communities to seal their records and break the cycle of poverty and unemployment. Attorneys of all backgrounds are encouraged to attend the training and volunteer to take a case or conduct a community outreach and education session. The required time commitment is less than 12 hours and the Project provides training, materials and mentoring on cases....
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M&A Shareholder Lawsuits in Delaware, Massachusetts, and Federal Courts: Are All Doors Open?

09/13/2013 - 12:30 PM to 01:30 PM
M&A shareholder class action lawsuits are on the rise. Plaintiff lawyers are filing them in state courts and federal courts outside Delaware and inside Delaware, resulting in jurisdictional battles and company counsel playing defense on multiple fronts. Typically the case must either be resolved, or go to a preliminary injunction hearing within a few weeks of being filed. Panelists will discuss: how to do expedited discovery; how to get the cases consolidated; how likely are plaintiffs to get an injunction to stop the deal; how much will plaintiffs’ counsel fees be if the case settles....
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Climate Change Insurance Coverage Issues

09/10/2013 - 12:30 PM to 01:30 PM
Lindene Patton, Chief Climate Change Product Officer, Zurich Insurance Group, and co-author of Climate Change And Insurance, will address: (1) climate change-related litigation and regulation; and (2) insurance coverage issues arising from those exposures....
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Mediating a Legal Malpractice Dispute

09/09/2013 - 12:30 PM to 01:30 PM
Mediation can be a costly endeavor and legal malpractice disputes – which almost always involve issues about liability, damages, and competing experts – can be difficult to position for a successful mediation. Please join the Professional Liability Committee for an interactive discussion with plaintiff and defense-side legal malpractice lawyers, mediators, and insurers to discuss how best to mediate a legal malpractice dispute....
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5th Annual Symposium on Employee Non-Compete Agreements, Trade Secrets and Job Creation

07/23/2013 - 04:00 PM to 06:00 PM
Massachusetts court decisions extend enforceability of non-compete agreements to protect "confidential information" that does not meet certain conditions for trade secrets seen in American Law Institute's 1939 Restatement of Torts. Have broad employee confidentiality agreements changed the common law presumption against servitudes? Would joining forty-eight states (including California and most recently Texas) in adopting the more modern Uniform Trade Secrets Act help make Massachusetts more competitive? Please join us in a review of the landscape and an informal discussion/debate from 4-6 pm, networking reception to follow from 6-7 pm. Our distinguished panel includes:...
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Insurance Coverage for Intellectual Property Disputes: 2013 Landscape

06/28/2013 - 12:00 PM to 01:00 PM
Marty Pentz and Jenevieve Maerker will discuss insurance coverage for trademark, copyright, and unfair competition claims, and insurance products addressing expenses of patent litigation. The discussion will cover both the potential for coverage under standard commercial general liability (CGL) policy "personal and advertising injury" provisions and the ways in which such coverage may be supplemented by newer offerings, such as "Media Perils" liability insurance and IP defense and abatement insurance....
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Litigation Section Year End Reception

06/13/2013 - 05:00 PM to 06:30 PM
Celebrate the end of the program year with the Litigation Section. Meet and mingle with your fellow Section members over drinks and refreshments....
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Barbarians At The Digital Gate: Cyber Risk Liability And Insurance Coverage Issues

06/11/2013 - 01:00 PM to 01:30 PM
Hardly a day passes without a new report of a data security breach. A panel of cyber security experts will discuss the skyrocketing number and costs of data security breaches, efforts to prevent, mitigate, and respond to breaches, criminal prosecution of cyber-related crimes, and the use of forensic consultants in responding to data security incidents. The panel will also address insurance coverage for data security breaches, including issues arising under cyber risk policies, as well as commercial general liability and other traditional insurance policies....
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FINRA Arbitration: Update on Recent Developments

06/11/2013 - 12:30 pm to 12:30 pm
This program will review recent developments concerning FINRA arbitration and related practice tips. Topics will include discovery, arbitrator selection, expungement and more. The Panel will also consider recent regulatory and policy developments, including regulatory hot topics that could influence the types of arbitration claims to be brought in the future....
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Business Litigation Session Year In Review

06/05/2013 - 04:00 PM to 06:00 PM
BLS Administrative Justice Janet Sanders and the judges who serve in the Business Litigation Session will discuss developments in the BLS, recent rule 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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The Future of Drug and Medical Device Marketing

05/29/2013 - 12:30 PM to 01:30 PM
Speakers will lead a lively discussion on The Future of Drug and Medical Device Marketing in Light of United States v. Caronia, United States v. Par Pharmaceutical Cos. and United States v. Harkonen....
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CLE - Construction Law: Surety and Insurance Coverage Issues for Contractors and Insurers

05/28/2013 - 03:00 PM to 07:00 PM
Construction is a risky business for all involved - from lenders and insurers, to contractors, designers and subcontractors. Learn what every real estate and construction law practitioner should know about surety and insurance coverage issues to help clients to avoid costly pitfalls, better ensure protection, and mitigate risk....
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Taking and Defending Class Representative Discovery

05/23/2013 - 12:30 pm to 1:30 pm
This program will offer tips and strategies from seasoned attorneys on how to take and defend discovery from named representative plaintiffs in class actions....
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Effective Deposition Techniques

05/16/2013 - 05:30 PM to 07:00 PM
This program will provide attendees with perspectives from experienced litigators on the development of effective deposition techniques. The panel will address areas including preparation of questions, documents and witnesses, stipulations and objections, and strategy with respect to taking and defending fact witness, expert witness and 30(b)(6) depositions. The format will be question-and-answer with time at the end for questions from the audience....
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CLE - Bad Faith Claims and Chapter 93A Liability

This program will instruct attendees how to best communicate with insurers, how bad faith claims are perceived by insurance companies, and how to prosecute and defend effectively against bad faith claims. Special attention will be paid to circumstances when professionals are exposed to Chapter 93A liability as well as bad faith litigation against professional malpractice insurers....
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Jumpstarting your Mediation Practice

05/09/2013 - 12:30 pm to 1:30 pm
This brown-bag lunch program will provide an opportunity for attendees to hear established, full-time mediators talk about how they got their practices started. The panelists will discuss topics including: how they got their first mediation job, strategies for developing a client base, what sort of experience a mediator needs in order to be marketable, and training options for aspiring mediators to consider....
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What To Do When MassDEP Knocks At Your Door: Notices of Responsibility, Noncompliance, & Enforcement Conference

04/30/2013 - 12:30 pm to 1:30 pm
Join us for a public and private perspective on responding to MassDEP's Notices of Responsibility, Noncompliance, and Enforcement Conference. The panel will discuss the different types of notices, MassDEP's expectations, possible strategies in responding to each, the roles of attorneys and consultants, and lessons learned....
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It's Mine to Resell: Extending the First Sale Doctrine to Foreign Copyrighted Works

04/29/2013 - 12:30 PM to 01:30 PM
In Kirtsaeng v. John Wiley & Sons, Inc., the United States Supreme Court applied the first sale doctrine to copyrighted works made outside the United States. This brownbag discussion will discuss the Court's reasoning, as well as the potential implications of this recent decision....
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The Work of the Trial Court's Access to Justice Initiative

04/25/2013 - 12:00 PM to 01:00 PM
This brown bag lunch program will update members on the latest work of the Trial Court's Access to Justice Initiative.We will hear about the Trial Court's efforts including their most recent work, involving language access strategies and translating court forms, improving technology access for court users, expanding the uses of limited assistance representation (LAR), and establishing court service centers in multijurisdictional courthouses, as well as a summary of the Trial Court’s progress in implementing its mission objectives, and the future direction of the Trial Court's Access to Justice Initiatives....
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Views from the Bench with Judges of the Massachusetts Appeals Court

04/23/2013 - 04:00 PM to 06:00 PM
Join us for the 3rd Annual Views from the Bench with Judges from the Massachusetts Appeals Court. Judges Andrew R. Grainger, Janis M. Berry, Scott L. Kafker, and Gabrielle R. Wolohojian will offer their perspectives on current practices, including evaluating an appeal, effective strategies for written and oral advocacy, and the dos and don'ts of appellate practice....
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The Commonwealth's Underground Economy Task Force's Investigation of the Construction Industry

04/23/2013 - 12:30 pm to 1:30 pm
Governor Patrick instituted an Underground Economy Task Force which, in the construction industry, investigates, addresses, and prosecutes wage and hour issues and misclassification of workers (as independent contractors instead of employees) issues. We are fortunate to have the leaders from this task force join us for the lunch to discuss their various roles, the Task Force's purpose, how it goes about its investigation, prosecutions, and how all of this can impact your contractor clients....
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