In this day and age of seemingly ever-increasing discovery costs, clients are
forever looking for ways to reduce litigation costs.
- Learn from the experts ways attorneys can help to reduce costs by
learning to effectively draft, respond to and quash subpoena requests.
- Learn tips and best practices from outside and in-house counsel on how to
draft and respond to third party and 30(b)(6) subpoenas in order to avoid
costly and inefficient “data dumps” and “fishing expeditions.”
- Hear from government prosecutors on how attorneys can best negotiate the
scope of government subpoenas when their clients find themselves under
Program: 4:00 P.M. - 6:00 P.M.
Networking Reception: 6:00 P.M. -
Panel I - Private Litigation
I. Drafting & Responding to Subpoenas - Best Practices
How to negotiate the scope of subpoenas with opposing counsel
b. How to
take and defend a 30(b)(6) deposition
c. Similarities and differences
between trial subpoenas and discovery subpoenas
II. Changes to the
Federal Rules of Civil Procedure concerning subpoenas
Panel II - Government Investigations
I. Government Investigations
a. The investigatory steps the
government takes prior to issuing a subpoena.
II. Negotiating with the Government
a. How to negotiate the
scope of a government subpoena.
III. Opposing a Government Subpoena
a. Options available for
quashing a government subpoena.
IV. How Non-Parties Can Most Efficiently and Effectively Respond to
a. Difficulties and burdens in-house counsel may
encounter when trying to respond to a non-party government
b. How to minimize the burden to the company while
simultaneously providing the government with the requested information.
This program is co-sponsored by the Federal Bar Association,
Benjamin Brown, Intellectual Property Counsel for
Analog Devices, which is a world leader in developing
high-performance analog, mixed-signal, and digital signal processing integrated
circuit solutions used in all types of electronic equipment. In his role
as IP Counsel, Mr. Brown works on Analog Devices’ worldwide intellectual
property matters and manages litigation for Analog Devices. As an in-house
attorney and previously as an attorney at WilmerHale, Mr. Stern has handled
numerous subpoenas and discovery matters. Mr. Brown graduated from
Rutgers, The State University of New Jersey-New Brunswick and earned his law
degree from Fordham University School of Law.
John G. Fabiano, a partner in Fabiano Law Firm,
LLP in Norwood. A Fellow of the American College of Trial
Lawyers, Mr. Fabiano has been an active trial lawyer focusing on complex
commercial litigation matters for 43 years. He has tried more than 100
jury and non-jury cases in various state and federal courts as well as numerous
arbitrations and administrative hearings throughout the United States and the
United Kingdom. Until his retirement in 2011, Mr. Fabiano was a Partner at
Hale and Dorr (now WilmerHale), which he joined in 1970. For several
years, he served as Chairman of Hale and Dorr's Litigation Department. Mr.
Fabiano graduated from Harvard College and earned his law degree from Harvard
Rua Kelly, Senior Trial Counsel at the U.S.
Securities and Exchange Commission. From 2002 to 2005, Ms. Kelly
served as an Assistant District Attorney in Middlesex County, where she led more
than 40 criminal trials in both the District and Superior Courts and was a
supervisor in the Cambridge and Marlborough District Courts. From 2005 to
2010, Ms. Kelly served as an Assistant United States Attorney in the Southern
District of New York, where she was responsible for investigating and trying
complex federal criminal cases, including public corruption matters and
violations of the narcotics, immigration, asset forfeiture, securities and
election laws. At the SEC in Boston, Ms. Kelly has handled a wide variety
of securities cases, including SEC v. Illarramendi, in which the defendant
allegedly orchestrated a Ponzi scheme that caused hundreds of millions of
dollars in investor losses. Ms. Kelly is a graduate of the University of
Massachusetts at Amherst and earned her law degree from Stanford Law
School. Prior to entering public service, Ms. Kelly was a litigation
associate in private practice at Ropes & Gray LLP.
Justin O’Connell is an Assistant United States
Attorney in the District of Massachusetts concentrating on complex
financial fraud matters, including as a member of the Residential
Mortgage-Backed Securities Working Group and the Financial Fraud Enforcement
Task Force. Prior to becoming a prosecutor, Mr. O’Connell practiced at
Sullivan & Cromwell LLP in New York and Goodwin Procter LLP in Boston where
he focused on antitrust matters, securities litigation, white collar defense,
government investigations, and general commercial litigation. He is a
graduate of Loyola College in Maryland and earned his law degree from Syracuse
University College of Law. After law school, Mr. O’Connell clerked for The
Honorable William P. Dimitrouleas of the United States District Court for the
Southern District of Florida.
Danielle Sheer serves as the Vice President, General Counsel
and Corporate Secretary of Carbonite, Inc., a Boston-based
public technology company (NASDAQ: CARB) that provides cloud solutions for small
businesses and consumers. Ms. Sheer founded and developed the legal
department at Carbonite and guided it to its NASDAQ listing. She is
responsible for the management of Carbonite’s worldwide legal, compliance and
corporate affairs, including data security and privacy compliance, management of
Carbonite’s intellectual property portfolio, and advising the Company’s
management and board of directors on legal, strategic and corporate governance
matters. Ms. Sheer has been named to the Boston Business Journal's "Forty
under 40" list of emerging business leaders; honored by the Massachusetts Bar
Association and Massachusetts Lawyers Weekly as an "Emerging Leader"; and
received the "Maverick of the Year" Stevie award for Women in Business.
Prior to joining Carbonite, Ms. Sheer practiced corporate and securities law at
Willkie Farr & Gallagher LLP. She serves on the board of the Girl
Scouts of Eastern Massachusetts and The Boston Club. Ms. Sheer is a
graduate of George Washington University and earned her law degree from
Georgetown University Law Center.
Christine M. Genaitis - Collora LLP
Benjamin M. Stern - Holland & Knight
BBA Member - $130.00
BBA Member - Legal Services/ Government Lawyer - $70.00
Student - $30.00
If the cost of this seminar would preclude you from attending, please
contact us about tuition discounts.
Materials: It's so easy to
be green! The BBA offers
registrants CLE course materials in both electronic and print format.
Please remember to select your option during registration. If you opt for
the electronic version, a PDF link will be email to you prior to the seminar. We
encourage laptops and portable devices at the seminar, Free WiFi is available in
all conference rooms!