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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05/09/2013
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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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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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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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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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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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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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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04/11/2013 - 05:30 PM to 07:00 PM
This diverse panel will provide attendees with insight into the basics of what new attorneys should be thinking about with regard to collecting and producing e-discovery, including the costs and benefits of different e-discovery tools; strategies for obtaining e-discovery from an opposing party; what judges consider "reasonable" in the context of e-discovery and when to push an e-discovery dispute into the courtroom; and trends in e-discovery decisions. Attendees will also learn about the importance of implementing an effective litigation hold and the potential consequences of failing to do so....
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04/10/2013 - 12:30 pm to 12:30 pm
Stuart Feldman, Regional Litigation Counsel for FINRA's Boston office and Ian Roffman, partner at Nutter, will discuss recent developments in FINRA enforcement as well as trends outside counsel should know to better serve their clients....
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04/05/2013 - 12:30 PM to 01:30 PM
Join the Federal Practice & Procedure Committee for a session with damages and forensic expert Carl Jenkins of CBIZ Tofias. He'll share strategies for preparing your damages case, tips on cross-examining a damages expert, new tricks for looking at old numbers, and war stories from some high profile cases....
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04/03/2013 - 12:30 pm to 1:30 pm
A lawyer or law firm represented a client in an underlying transaction or lawsuit. At some point, the client replaced the lawyer or firm with new counsel, who completed work on the case. Unfortunately, the client is unsatisfied with the result of the case and has sued his or her original lawyer or law firm for malpractice....
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03/28/2013 - 04:00 PM to 06:00 PM
This program will feature a lively discussion of hot and/or recurring practice issues that occur before the Magistrate Judges in the U.S. District Court. The first hour will focus on criminal practice issues and the second hour will focus on civil practice issues. There will be time in each hour for questions from the audience. The program is designed to benefit both new and experienced attorneys who appear in the United States District Court in Massachusetts....
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03/28/2013 - 12:00 pm to 1:00 pm
The discussion will focus on the standards title companies are using for mechanic's lien coverage for construction loan policies including the need to place additional security with the title company....
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03/22/2013 - 12:30 PM to 01:30 PM
Join the Construction Law committee for a program on advanced construction bidding issues. Topics to be covered include: paragraph E issues, sub-subcontracting filed sub-bid work to meet M/WBE goals, responsibility decision in CM at Risk projects and more....
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03/22/2013 - 12:30 PM to 01:30 PM
The presentation will focus on the trial of a professional liability case that includes the defense of a malpractice claim and the prosecution of a counterclaim for unpaid fees. The presentation will include a discussion of trial tactics and the use of expert witnesses at trial....
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03/21/2013 - 12:30 PM to 01:30 PM
This program will provide an overview of the Libor-setting process, and the role it plays in various financial markets. We will also discuss the ways in which banks are alleged to have manipulated Libor, and the alleged benefits realized by doing so. Finally, we will cover recent settlements with U.S. and European authorities, and provide an overview of the Libor-related private actions that have been filed in the U.S....
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03/20/2013 - 12:30 PM to 01:30 PM
The discussion will include practical tips from experienced practitioners concerning, among other topics, attorneys' obligations to respond to written discovery; formulating objections to document requests and interrogatories; compiling documents and information responsive to document requests and interrogatories; strategic considerations in responding to written discovery; and written discovery disputes....
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03/14/2013 - 12:30 pm to 1:30 pm
Join recently appointed Brownfields Unit Chief and Assistant Attorney General John Beling and experienced environmental attorney Robert D. Cox, Jr., partner at Bowditch & Dewey, LLP, for a discussion of the Massachusetts Attorney General's Brownfields Covenant-Not-To-Sue Program. John Beling will discuss his priorities and perspective as new Unit Chief, and Bob Cox will discuss his experiences representing brownfields developers in applying for Brownfields Covenants-Not-To-Sue....
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03/13/2013
Join us for this unique opportunity to meet several Justices of the Superior Court as they offer perspectives relative to practice tips and share their insights, observations and analysis on key issues for 2013 and beyond. At the conclusion of the seminar stay for a reception to mix and mingle with the judges and fellow attorneys....
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03/07/2013 - 12:00 pm to 1:00 pm
As scarce public resources for affordable housing continue to be pressed, practitioners remain committed to searching for ways to reduce costs while still maintaining the high standards in quality of their projects. Integrated Project Delivery and Lean Construction Principles may provide an opportunity for cost savings and better project outcomes for affordable housing owners and developers....
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03/05/2013 - 12:00 pm to 1:00 pm
Imagine your client comes to you complaining about a competitor's nationwide advertisement that she believes is false. What are your options? Sue in federal court? A false advertising suit in federal court avails you to economic remedies as well as possible injunctive relief, but such cases can take years and be very expensive. Seek help from the Federal Trade Commission (FTC)? FTC involvement certainly has a big impact, but the FTC's involvement is entirely voluntary and the agency is often slow to react to direct inquiries....
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02/25/2013 - 12:30 pm to 1:30 pm
Please join the Torts Committee for an exciting program on social media defamation litigation. Given the proliferation of social media and the reputational damage it can cause, social media defamation lawsuits are on the rise. This program will provide an overview of recent social media defamation cases, as well as a discussion of the novel First Amendment issues that these cases present....
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02/25/2013 - 12:30 PM to 01:30 PM
Nestor Gounaris, an American lawyer and Managing Partner of China Solutions, LLC, will speak about legal issues that confront American corporations who conduct business with Chinese companies. Mr. Gounaris will discuss pitfalls that American companies encounter during contract negotiations with their Chinese business partners as well as litigation issues that can arise down the road....
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02/21/2013 - 12:00 pm to 1:00 pm
The discussion will focus on the mechanics of perfecting a mechanic's lien and the process of bonding over or removing a mechanic's lien from title....
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02/14/2013 - 12:30 pm to 1:30 pm
Join international dispute resolution expert Philip D. O'Neill, Jr. of Edwards Wildman for an informative session covering the key issues affecting representation of clients in foreign ADR forums....
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02/11/2013
There have been a number of important developments in the law concerning class actions, including the Supreme Court’s recent Wal-Mart v. Dukes and AT&T v. Concepcion decisions. Litigators dealing with class actions need to understand these latest developments, and how courts are interpreting them and applying them to current cases. Join our all-star panel who have been assembled to help the class action litigator learn about these most recent developments.
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02/01/2013 - 12:30 PM to 01:30 PM
John Roddy, of Bailey & Glasser LLP, an experienced class action litigator, will discuss the practical aspects of getting a consumer class action certified in state and federal court in the current climate. The presentation will cover obtaining necessary class discovery, defining a class, and satisfying the requirements of Rule 23, in light of recent decisions. A Q&A session will follow Mr. Roddy's presentation....
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01/31/2013 - 12:00 PM to 01:00 PM
Join United States District Court Judge William G. Young and Massachusetts Superior Court Associate Justice Heidi Brieger for a discussion of changing litigation models and a unique opportunity for lawyers to engage in dialogue with the Bench....
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01/30/2013 - 12:30 pm to 1:30 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. Their presentation will include updates on Region 1 enforcement and remedy decisions, national priorities, and developments in important cases....
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01/29/2013 - 12:30 PM to 01:30 PM
The SEC v. Steffelin case was a highly publicized financial-crisis-era case claiming fraud in offering a $1 billion CDO that referenced mortgage-related securities. Defendants succeeded in getting the SEC to dismiss the case after a year and a half of discovery and litigation. The program will review in detail the themes and arguments that we believe led to the dismissal, which may be applicable to the large number of similar private and enforcement cases that are pending....
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01/25/2013 - 12:30 pm to 1:30 pm
The Healthcare Reform Statute, Chapter 224 of the Acts of 2012 is now effective, and has several clauses that change the process for bringing medical negligence claims. Among other things the new statute requires a notice provision and waiting period, raises the statutory cap for claims against medical nonprofits entities, lowers the interest case in medical negligence cases even further, and establishes a framework for providers to apologize to patients without the statement becoming admissible in a subsequent proceeding. Our panel will discuss the details of the new statute.
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01/18/2013 - 12:30 pm to 1:30 pm
Does designation of a future park on an urban renewal plan create land that is now protected under Article 97 of the Constitution? Does the designation trump the issuance of a Chapter 91 license?...
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01/16/2013 - 12:00 pm to 1:00 pm
When it was created in 1982, the Federal Circuit was supposed to bring order to the chaos of conflicting appeals courts, and consistency to patent law. However, fundamental disagreements among the judges of the Federal Circuit have left a patchwork of conflicting decisions and uncertainty in the law....
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01/16/2013 - 12:00 pm to 1:00 pm
For new lawyers, it is often difficult to know what to expect at the start of a new case. It is further complicated by the differences in practice in state and federal courts within a given jurisdiction. What's a new lawyer to do? Join chairs of the Massachusetts Practice & Procedure Committee and Federal Practice & Procedure Committee for a discussion of special issues in state and federal litigation in Massachusetts. Learn about tricky filing practices, meet and confer rules, deadlines, the roles of different judges in the system and other practical matters affecting the conduct of a case....
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01/14/2013
This program will provide an overview of the New SEC Whistleblower Program. The panelists will address some of the unique features and policies behind the Final Rules of the New Whistleblower Program, as well as successes it has achieved, challenges it still faces, some of the early rulings that have come out and some of the questions that remain outstanding.
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01/10/2013 - 12:30 pm to 1:30 pm
A discussion using realistic hypothetical situations (one a construction dispute and one a hybrid environmental/construction dispute) of how to plan for and conduct multi-party mediations....
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01/07/2013 - 12:30 PM to 01:30 PM
The program will provide an overview of significant developments in litigation arising out of a data security breach, including consumer and financial institutions class actions, FTC enforcement proceedings, and litigation against payment card brands....
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12/14/2012 - 12:00 pm to 1:00 pm
The session will offer a broad overview of data privacy and other legal considerations associated with launch of a mobile app. The session will not address mobile payment issues or app developer agreements....
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12/13/2012 - 05:30 PM to 07:30 PM
Having trouble feeling festive? Toying with idea of making a child happy this holiday season? Need to unwind after finding out your firm's holiday bonus this year is a 9 p.m. early release on 12/25? If the answer to any of those is yes, then the BBA is the place to be on December 13th for a special edition holiday party. The Social Committee is proud to team up with the Public Service Committee this year to co-host the first annual "Holiday Extravaganza Supporting Toys for Tots," from 5:30 - 7:30 p.m....
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12/13/2012 - 12:30 pm to 1:30 pm
Arbitration is supposed to be final and binding but sometimes, the award is not the final end. Join the Honorable Margaret R. Hinkle and T. Christopher Donnelly in a discussion about post-arbitration award proceedings. This program will address the most common grounds for vacating awards, including the status of manifest disregard of the law as grounds for vacatur; partial vacatur and arbitrator modifications of an award as well as thoughts on the benefits and drawbacks of including a provision for appellate arbitration in a pre-dispute arbitration provision....
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12/11/2012
This program will provide attendees with a comprehensive overview of the evolving science, regulatory schemes, and legal issues associated climate change and renewable energy sources in the coastal zone....
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12/04/2012 - 12:30 pm to 1:30 pm
Assistant Attorney General Miranda S. Jones will speak on these statutes and provide insight as to the Attorney General's role in the enforcement of the prevailing wage statutes.
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12/03/2012
Join experts from top in-house law departments and firms discuss the state of e-discovery in 2012. Seasoned attorneys and litigation professionals from Bank of America, Fidelity, State Street, and the SEC will discuss the special challenges facing corporate legal divisions and government agencies when e-discovery meets high finance and regulatory frameworks....
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12/03/2012 - 12:30 PM to 01:30 PM
Learn how to select, prepare, depose, and perform direct and cross examination of computer experts from a leading litigator and an experienced computer expert. The session will cover topics including how to evaluate experts, how to prepare an expert for deposition and trial, and common pitfalls to avoid....
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11/29/2012 - 12:00 pm to 1:00 pm
In the recent decisions of LaserDynamics and Whitserv, the Federal Circuit continued its trend of reversing damages awards that are not supported with sound economic proof. This brownbag discussion will put these cases in the context of the Federal Circuit’s evolving jurisprudence as what actually counts as “sound economic proof.” It will also flag some landmines to be aware of when crafting a patent damages theory or defense....
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11/28/2012 - 12:30 pm to 1:30 pm
This informative session addresses drafting arbitration and mediation clauses for employment and business contracts. It is the perfect opportunity to learn about tailoring clauses to the specific disputes that may arise in situations anticipated in specific contracts. Sample arbitration and mediation clauses and articles on the subject will be distributed....
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11/27/2012 - 12:30 PM to 01:30 PM
This program will discuss the issues and challenges faced by attorneys who bring and defend residential foreclosure -related cases. The program will focus on the foreclosure process, the issues raised and addressed by Ibanez and its progeny and the new issues to be addressed following the passage of the foreclosure prevention law....
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11/15/2012
Over time, the world of patent litigation has lost much of the civility. Attorneys conduct, and that of their clients, can reach a level of hostility unmatched in other areas of litigation. This CLE will discuss best practices that retain civility while maintaining the zealous advocacy necessary to represent their clients....
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11/15/2012 - 09:00 AM to 11/16/2012 - 05:00 PM
This two-day advanced curriculum features interaction with some of the leading mediators and mediation advocates in North America. Each panel features an expert mediator, a high-powered in-house counsel, and a skilled outside counsel. Each phase of the mediation process will be discussed, followed by small group discussions led by experts in the field. The opportunity for mediators and advocates to interact in small facilitated groups provides a unique environment to enhance your skill, knowledge and understanding of the mediation process....
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11/08/2012
Residential mortgage backed securities (RMBS) were, for a time, a financial engine for the capital markets. The real estate / credit crisis of 2008 brought the risks of such investments into sharp focus. Today, enforcement authorities are seeking substantial settlements and large institutional investors are battling for huge damage awards in state and federal courts around the country, including Massachusetts. This seminar will provide an overview of key issues in federal and state enforcement investigations as well as private litigation.
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11/07/2012 - 12:30 pm to 1:30 pm
The panel will discuss the life cycle of attorneys' fee disputes. The panel will first discuss managing a client's expectation at the commencement of the attorney-client relationship, and the importance of the engagement letter. The panel will further discuss the management of the attorney-client relationship once a fee dispute arises, and how to extract yourself from that relationship while complying with the Rules of Professional Conduct. Finally, the panel will discuss collections on attorneys' fees, including the risk factors involved in deciding whether to try to collect or whether to walk away....
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11/01/2012
This program will provide a unique opportunity for new litigators to learn valuable lessons in litigation practice and strategy. The panel of experienced attorneys in varying levels of practice, will address important considerations and nuances of Massachusetts Civil Superior Court. The discussion will take you from commencement through pre-trial and offer tips, tricks and pitfalls that every new civil litigator should know!
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11/01/2012 - 12:30 pm to 1:30 pm
Key participants in the recent Supreme Judicial Court decision in Denver Street, LLC v. Town of Saugus will discuss the implications of the SJC’s conclusion that the town’s practice of charging real estate developers an “inflow-and-inflitration reduction fee” for access to the municipal sewer system was permissible....
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10/31/2012 - 12:00 PM to 01:30 PM
Join us for a discussion on Immigration in the wake of the Supreme Court’s decision in Arizona v. United States. What is the status of non-citizens in this country? How will enforcement play out in a second Obama administration? Under a Romney presidency?
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10/24/2012 - 12:30 pm to 1:30 pm
A distinguished panel including Superior Court Judge Janet L. Sanders of Business Litigation Session, nationally-recognized jury consultant Dennis Donoghue, and renowned veteran trial lawyer Jack Fabiano will discuss the “dos” and “don’ts” at each stage of the trial of a complex business case....
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10/24/2012 - 12:30 PM to 01:30 PM
John Dugan, Associate Regional Director of the Securities and Exchange Commission Enforcement Division in the Boston Regional Office, will provide an update and overview on the SEC’s current enforcement priorities and recent changes and developments of interest to securities practitioners....
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10/24/2012 - 12:00 PM to 01:30 PM
The parties to this litigation reached a settlement of Clean Water Act claims resulting from storm drain and sanitary sewer systems drainage into the Boston Harbor. The settlement incorporated a creative list of near and long term measures that will improve water quality at local beaches and natural resources....
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10/23/2012 - 12:30 pm to 1:30 pm
Join the Construction Law Committe for this how-to class on construction plans and drawings....
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10/22/2012 - 05:00 PM to 07:00 PM
You are cordially invited to attend the fourth annual Pro Bono Fair for Attorneys and Law Students, to be held on Monday, October 22, 2012, from 5:00pm-7:00pm at Suffolk University Law School, 120 Tremont Street, Boston (1st Floor Function Room)....
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10/22/2012 - 12:30 pm to 1:30 pm
Please join us for a lecture presented by two industry leaders discussing the continual challenges facing attorneys who bring and defend toxic tort cases....
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10/04/2012 - 04:00 PM to 05:00 PM
Join the Litigation Section for this panel of distinguished in-house general counsel who will discuss their experiences with the issue and tips and strategies for lawyers and law firm management....
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10/04/2012 - 12:00 PM to 01:00 PM
Speaker Stephen Chow will discuss the ongoing patent litigation suits between Samsung and Apple over smartphone technology, including the recent $1 Billion jury verdict against Samsung....
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10/02/2012
This informative CLE program is the perfect opportunity to learn more about litigating in the Land Court and dealing with registered land. The first panel will discuss the rules, procedures, and best litigation practices of the Land Court, while the second panel will cover the ins and outs of the registered land system.
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10/02/2012 - 12:30 PM to 01:30 PM
Join the Federal Practice & procedur Committee for a look at National Federation of Independent Business v. Sebelius and its effect on congressional authority.
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09/25/2012 - 12:30 pm to 1:30 pm
Please join the Construction Law Committee for a Brown Bag program regarding recent developments related to public entities’ discretion in reviewing who is the “lowest bidder,” as part of awarding a contract....
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09/19/2012 - 12:00 pm to 1:00 pm
Join the Intellectual Property Litigation Committee for this program focusing on Judge Posner’s Daubert Decision and the Economic Reality of Patents....
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09/13/2012 - 12:30 pm to 1:30 pm
Join our expert panel for an in-depth discussion about the situations that can derail mediation. Join our expert panel for an in-depth discussion about the situations that can derail mediation....
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07/24/2012 - 04:00 PM to 07:30 PM
Massachusetts decisions extend enforceability of non-compete agreements to protect "confidential information" that does not clear the high hurdle for trade secrets under the American Law Institute’s 1939 Restatement of Torts. Have broad employee confidentiality agreements changed the common law presumption against servitudes? Would joining forty-seven states, including California, in adopting the more modern Uniform Trade Secrets Act help make Massachusetts more competitive? Join in the conversation!...
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06/26/2012
This program will draw the experience of seasoned practitioners who have represented owners, general contractors, sureties, architects, engineers and subcontractors. The discussion will track issues from pretrial considerations through trial and conclude with an update on E-Discovery issues...
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06/20/2012 - 5:00 pm to 7:00 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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06/12/2012 - 12:30 pm to 1:30 pm
Join Michael McCann, Legal Analyst for SI.com, Director of the Sports Law Institute and Professor of Law at Vermont Law School, and a diehard Boston sports fan, for a discussion of current sports law issues...
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06/06/2012 - 4:00 pm to 5:30 pm
The Massachusetts Chapter Of The Federal Bar Association, together with The BBA and the WBA, invite you to attend "The First Circuit Court Of Appeals: Insights & Observations On Successful Strategies For First Circuit Appellate Practice"...
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06/06/2012 - 12:00 pm to 1:00 pm
Speaker James De Vellis will discuss the new third party submission procedure under the AIA, and how it differs from existing procedures...
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06/05/2012 - 5:00 pm to 7:00 pm
Join representatives from Ropes & Gray, the Massachusetts Attorney General and Boston University to discuss tips and strategies for succeeding as a summer associate...
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06/05/2012 - 12:00 pm to 1:00 pm
In recent decades several Nobel prizes have been awarded for discoveries relating to what works and doesn't work in various bargaining contexts...
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06/04/2012 - 4:00 pm to 6:00 pm
Join us for the annual Business Litigation Session Year in Review and hear directly from the BLS judges about current trends in the session...
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05/31/2012 - 4:00 pm to 6:00 pm
A panel of several individuals who served as jurors on a variety of types of cases will share their impressions of attorney techniques and styles. This unique opportunity will give attendees a "sneak peek" inside the jury deliberation room...
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