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Friday September 19, 2008
9:30 AM - 4:00 PM

Registration

 
11:15 AM - 12:00 PM

Luncheon - Lunch Buffet

 
12:00 PM - 12:15 PM

Conference Welcome

 
12:15 PM - 3:45 PM

Opening CLE Program "WAKE UP EVERYBODY"

Race & the Law: A Conversation About Diversity

(3 CLE Credits)

 
 

This session, led by Verna Myers, will be a multimedia and interactive discussion on diversity in the legal field. A film will be shown and used as the basis for beginning the discussion. First person examples from a variety of different perspectives will be shared to illustrate how diversity contributes to professionalism, in addition to a panel discussion with diverse participants. The goal of this session is to generate positive discussions regarding the variety of diversity issues in the workplace and to increase professionalism in the legal community.

Keynote Speaker/Moderator: Ms. Myers will be handling the first and third hours of this session as the solo panelist. Hour one will focus on barriers to inclusion and acceptance. Audience members will be asked to respond to questions posed by standing up if they agree.

(Note: There will be 2 fifteen minute breaks during this plenary)

Verna Myers

Public Interest Section/Minority

Bar Association

Panelists: Hon. Nitza I. Quinones Alejandro; Hon. Lydia Y. Kirkland; J. Gordon Cooney, Jr., Esq. ; Bernard W. Smalley, Esq.; Shelley R.Smith, Esq.; and Stacey Sobel, Esq.

3:45 PM - 4:00 PM

Break

 
4:00PM - 5:00PM

"EXPRESSWAY TO LOVE"

Closing Arguments. Telling the Story: A Review of Techniques and Strategies

(1 CLE Credit)

State Civil Litigation Section

Panelist: Thomas R. Kline, Esq.

4:00PM - 5:00PM

"WHAT DID I DO TO BE SO BLACK AND BLUE"

White Collar Crime: Examining Prosecutorial Discretion

(1 CLE Credit)

 
 

This panel will examine the white collar criminal case from the earliest investigative phase through sentencing with a particular focus on the exercise of prosecutorial discretion.  What guides the prosecutor in deciding how to gather evidence, who should be prosecuted, what charges are appropriate and what is an appropriate sentence?  The white collar landscape is ever-changing and an expert panel of white collar lawyers, including a veteran federal prosecutor, will address these important issues.

Criminal Justice Section

Panelists: Thomas M. Gallagher, Esq.; Sarah L. Greib, Esq.; Burton A. Rose, Esq.

4:00PM - 5:00PM

"TIGHT MONEY"

The Biggest Business Story of 2008 - The Credit Crisis: "Here We Go Again"

(1 CLE Credit)

 
 

This session will feature two veterans of the S&L crisis and other financial meltdowns who will unravel the legal and financial issues of the current credit crisis. An update on prominent cases will be provided along with an explanation of some pervasive financial accounting issues that impact the cases.

Securities Regulation Committee

Panelists: Anthony B. Creamer, III, CPA/ABV and Greg P. Miller, Esq.

Friday September 19, 2008 (Continued)
4:00PM - 5:30PM

"OOH CHILD"

Beyond Ponies and Puppies: Does Child Preference Tip the Balance in Philadelphia County?

(1.5 CLE Credits)

 
 

Child Preferences in Custody Case - extended program

Family Law Section

Panelists: Hon. Doris A. Pechkurow; Stephen J. Anderer, Ph. D., J.D.; Mark Momjian, Esq. (moderator) and James Welkie, Esq.

4:00PM - 5:30PM

"YOUR GOOD THING IS ABOUT TO END"

Pharmaceutical Product Liability Litigation: Preemption and the Future

(1.5 CLE Credits)

 
 

Federal preemption has been one of the most intensely debated topics in pharmaceutical litigation over the past several years. Does federal preemption help protect consumers by ensuring that experts are solely responsible for approving drug safety information? Would the defeat of federal preemption harm patients and doctors by leading to medicine labels essentially drafted by lay juries, with inconsistent and confusing warnings? Or is federal preemption an unnecessary roadblock that will impair the rights of consumers who believe they are injured? In its next term, the Supreme Court will weigh in when it hears the case of Wyeth v. Levine, No. 06-1249. This panel of experts from the bench and both sides of the bar will discuss the legal and policy arguments for and against the application of federal preemption in this context, its limits, the likely ruling by the Supreme Court, and life in a post-Levine world, including potential legislative responses.

Business Law Section

Panelists: Hon. Louis C. Bechtle; John Brenner, Esq.; Michael D. Fishbein, Esq.; Hope S. Freiwald, Esq.; Daniel N. Gallucci, Esq.; and Kelley A. Grady, Esq. (Moderator)

6:30PM - 10:30PM

DO YOU WANNA DANCE?

Grand Reception

Featuring the band "Big City"

 
Saturday September 20, 2008
8:00AM - 12:00 PM

Registration

 
8:00 AM - 9:30 AM

Breakfast Buffet

 
9:30AM - 10:30AM

"IF YOU DON'T KNOW ME BY NOW "

Views from the Bench - What Judges Look for in Criminal Court Cases: Do's and Don'ts

(1 CLE Credit)

 
 

This CLE looks at things from the bench's perspective and allows lawyers valuable insight into what judges like and dislike when trying a criminal case. It is an invaluable way for attorneys to hear directly from judges as to what works and what doesn't work when trying cases in the Common Pleas Court.

Criminal Justice Section

Panelists: Hon. C. Darnell Jones, II; Hon. Harold M. Kane; Hon. Lisa M. Rau; Hon. Sheila Woods-Skipper; and George H. Newman, Esq. (Moderator).

9:30AM - 10:30AM

"I'VE BEEN PUSHED ASIDE"-

Love Hurts: Petitions for Special Relief in Divorce Actions

(1 CLE Credit)

 
 

Special relief in divorce cases including interim partial distribution, anti-dissipation issues, exclusive possession and judicially forced home sales.

Family Law Section

Panelists: Hon. Nina Wright Padilla; Mark Alleva, Prothonotary; David J. Steerman Esq. and Megan E. Watson, Esq. (moderator)

9:30AM - 10:30AM

"SOME FOLKS NEVER LEARN"

Controlling Your Sleuth

(1 CLE Credit)

 
 

Can your investigator do things that you are ethically prohibited from doing? What do you do if your investigator crosses the line and provides you with very helpful information that you aren't supposed to have and that she got without telling you she was going to? Join our panel, which includes two ethics counsels, an attorney who handles both personal injury and domestic relations cases and a practicing investigator to learn about what is and what isn't permitted and what you can do if things get out of hand.

Professional Guidance Committee

Panelists: Hope A. Comisky, Esq.; Stuart Drobny; Paul J. Kazaras, Esq.; and Sayde J. Ladov, Esq.

Saturday September 20, 2008 (Continued)
9:30AM - 10:30AM

"DON'T LET THE GREEN GRASS FOOL YA"

How Your Competitors and Clients are Utilizing Contract Attorneys & Why

(1 CLE Credit)

 
 

Understand why more law firms and corporate legal departments are utilizing contract lawyers to staff substantive and document review projects. Gain an understanding of the professional responsibilities and practical considerations of using contract lawyers in your work force to provide the best client service.

Law Practice Management Division

Panelists: Benjamin R. Barnett, Esq.; Stephanie "Tess" Blair, Esq.; James LaRosa, Esq. Juristaff; Tobias L. Millrood, Esq.; and Jonathan Shub, Esq.

9:30AM - 10:30AM

"SHOW YOU THE WAY TO GO"

The Commerce Court's Abramson Protocols

(1 CLE Credit)

 
 

Offering the advantages of an 'en banc' judicial ruling on disputed legal issues and the efficiencies of a private, neutral arbitrator's ruling on the facts, the Abramson Protocols are a surprisingly simple and highly advantageous - but too often overlooked - voluntary method of dispute resolution, available only in the Philadelphia Commerce Case Management Program. The nuts and bolts of this unique and highly-regarded approach will be examined by those who know it best - Judge Howland W. Abramson, the author of the protocols, and two attorneys who litigated a case to completion under the protocols - as well as an arbitrator to explain what happens next. Come and learn more as we 'show you the way' to easily take advantage of Philadelphia's best kept ADR secret.

Business Litigation Committee & ADR Committee

Panelists: Hon. Howland W. Abramson; Hon. Diane Welsh (ret.); Joseph C. Crawford, Esq. ; and Robert W. Jozwik, Esq.

10:30AM -10:45AM

Break

 
10:45AM - 11:45AM

AIN'T NO STOPPIN' US NOW

My First Philadelphia Common Pleas Trial

(1 CLE Credit)

 
 

This program will provide lawyers of all ages with a brief outline of the trial process in Philadelphia County Court of Common Pleas, including judicial insights, local peculiarities, practice tips and a "Top Ten" list of the Do's and Don'ts.

State Civil Section & YLD

Panelists: Hon. Jacqueline F. Allen; Hon. Daniel J. Anders; Hon. Patricia A. McInerney; Carolyn M. "Carrie" Chopko, Esq.; Heather A. Herrington, Esq. (Moderator); and Scott W. Reid, Esq.

10:45AM - 11:45AM

"(WE WILL BE) UNITED"

So Similar and Yet So Different - Perspectives on the Similarities and Differences between Practicing in State and Federal Court

(1 CLE Credit)

 
 

Come hear a Federal District Court Judge who has served on the bench of both the Philadelphia Court of Common Please and the U.S. District Court for the Eastern District of Pennsylvania and two private practitioners who practice criminal and civil litigation in both of those courts, give their views, along with some practical pointers, on the similarities and differences between the practices in each court. This should be a lively and informative discussion designed to remove any fears and misconceptions those who normally practice in one of these courts have about handling a matter in the other.

Federal Courts Committee

Panelists: Hon. Petrese B. Tucker; Jeffrey M. Lindy, Esq.; and Charles "Chuck" Marion, Esq.

10:45AM - 11:45AM

"IF ONLY YOU KNEW"

Addressing Environmental Issues Arising in Real Estate Transactions and Development

(1 CLE Credit)

 
 

The gauntlet of environmental programs applicable to real estate continues to grow, both in terms of their numbers and their impacts on use and development. This session will discuss identifying common environmental problems associated with real property, and will explore how to resolve or litigate them.

Real Property Section

Panelists: Hon. Michael L. Krancer (ret.); Christine M. Paul, Esq.; and Paul M. Schmidt, Esq.

Saturday September 20, 2008 (Continued)
10:45AM - 11:45AM

"I WANT MY BABY BACK"

Have the Courts Really Become More Business Friendly? An examination of the courts' treatment of antitrust issues and what it tells us about the judicial environment for business

(1 CLE Credit)

 
 

Most recently, the Supreme Court decided to shift the playing field and overrule 100 years of legal precedent banning agreements between manufacturers and their resellers to set the minimum price charged by the resellers to their customers. The decision of the Court was very close - 5 to 4 - and the opinion makes clear that setting a minimum resale price is not now automatically legal. The U.S. Congress and States' Attorneys General have been talking as if they might not go along with the Supreme Court. How have the lower courts responded on the resale price issue and other antitrust matters? Are they following the trend set by the Supreme Court? Are they blazing a new trail? Or, are they simply following the same path they were on before the Supreme Court's recent shift. The CLE will address some of the key fundamental developments in antitrust litigation and counseling. The discussion will examine not only the recent shift in the Supreme Court, but also developments in the appellate and trial courts. The course will be appropriate for novice and experienced lawyers.

Antitrust Committee of the Business Law Section

Panelists: Hon. Anita B. Brody; and Roberta D. Liebenberg, Esq.

10:45AM - 11:45AM

"I'LL BE SWEETER TOMORROW"

Ethics in Marketing and the Internet

(1 CLE Credit)

 
 

In this one-hour interactive forum, attendees will be given the information they need to employ and ensure that their communications, strategies and tactics stay within the ethical boundaries defined by the Pennsylvania Rules of Professional Conduct. Among other topics attendees will gain a better understanding of how to apply Rules of Professional Conduct 7.1 - 7.7 to advertising, communications, and which rules govern multi-state practices.

Bar-News Media Committee

Panelists: Joseph A. Prim, Esq.; Gina F. Rubel, Esq.; Daniel L. Siegel. Esq.; and Min S. Suh, Esq.

12:00 PM - 2:00 PM

"GIVE THE PEOPLE WHAT THEY WANT"

The 2008 Presidential Election - Politics and the Law

(2 CLE Credits)

 
 

This plenary session, moderated by an attorney/journalist, will feature leading Philadelphia newspaper journalists who are covering the election and area political experts who will provide their perspective on the legal issues and strategies of the party nominees as they enter the final days of campaigning before the November general election. The panelists will discuss the legal impact of this year's national elections on the future of the makeup of the United States Supreme Court, and the possible impact on both society and the legislative process of the winning candidate's choices for judicial appointments. Other discussion points will include: the tension between court nominees taking positions on controversial subjects, the press's role in publicizing those issues and its impact on public opinion, as well as the appointment and confirmation process.

Panelists: Larry Eichel, Senior Writer, Phila. Inquirer; Renee Chenault Fattah (moderator) NBC 10; Marcel L. Groen, Esq. , Chairman - Montgomery County Democratic Party; Dr. G. Terry Madonna, Franklin and Marshall College; Elmer Smith, Opinion Columnist, Philadelphia Daily News

2:00PM - 2:15PM

Break

 
2:15 PM - 4:15 PM

"BACK STABBERS"

The Greatest Cross Examination Ever!

(2 CLE Credits)

 
 

This program will explore the ways to effectively cross examine both expert and lay witnesses. You will learn good and bad examples of cross, through vignettes that highlight great cross examination by some highly successful Pennsylvania attorneys.

Panelists: Hon. Mark I. Bernstein; Hon. Anne E. Lazarus; and Larry E. Bendesky, Esq.

7:00PM - 11:00PM

"BETCHA BY GOLLY WOW!" - Featuring the Soul Survivors and the Stylistics

Grand Reception

Tastes and Sounds of Philadelphia Dinner & Concert Event

 
Sunday September 21, 2008
8:00 AM - 9:00 AM

Continental Breakfast

 
8:45 AM - 9:45 AM

"THIS SONG WILL LAST FOREVER"

Online Technology: How to Get It and How to Get In It - Retrieval and Admissibility of Digital Data in the Courtroom

(1 CLE Credit)

 
 

Take a look at video and audio technology, as well as computer forensics and data recovery as a tool for obtaining evidence in criminal investigations and trying criminal cases.

Criminal Justice Section

Panelists: Jules Epstein, Esq.; Thomas P. Laino, Esq. Reclamere; and Troy H. Wilson, Esq.

8:45 AM - 9:45 AM

"MONEY, MONEY, MONEY"

Insights into Key Software License Agreement Issues

(1 CLE Credit)

 
 

Panelists will examine and explore, through spirited mock negotiations, key software licensing terms and provisions. The discussion will seek to identify and balance the respective interests of the vendor, on the one hand to recognize revenue and reduce liability exposure, and the customer, on the other, to assure acceptable performance and reasonable consequences for shortfalls. In short, this course will focus on common negotiation issues and pitfalls, then turn to the panel's litigator and jurist to predict how those issues may play out in subsequent litigation.

Business Law Section

Panelists: Hon. C. Darnell Jones, II; Michael D. Ecker, Esq.; Stephen M. Foxman, Esq. and Sandra A. Jeskie, Esq.

8:45 AM - 9:45 AM

"DO IT ANY WAY YOU WANNA"

Developing a Successful In-House Counsel ADR Program

(1 CLE Credit)

ADR Committee

Panelists: Wanda E. Flowers, Esq. Sunoco and Carol Monaghan Sunoco

8:45 AM - 9:45 AM

"IF I COULDA, WOULDA, SHOULDA"

Verdicts and Settlement Trends in Philadelphia Common Pleas Court

(1 CLE Credit)

 
 

The program will examine whether verdicts and settlements in Philadelphia county are increasing or decreasing in value by type of case, and what appear to be the factors bearing on those trends, through the presentation of various case studies

State Civil Litigation Section

Panelists: Hon. Sandra Mazer Moss; Matthew A. Casey, Esq. ; Peter J. Hoffman, Esq.; Mark W. Tanner, Esq. and Kathleen D. Wilkinson, Esq. (Moderator)

8:45 AM - 9:45 AM

"GROOVY PEOPLE"

IP - It's Not PI Backwards!

(1 CLE Credit)

 
 

The course will provide an overview of copyrights, trademarks, trade secrets, patents, and unfair competition and will discuss the differences between these types of intellectual property, how they are obtained and maintained, and where they fit into your client's business strategy from product development to marketing. Special attention will be paid to the needs of a start-up or entrepreneurial business entity seeking advice on intellectual property matters. The course is specifically designed for attorneys having little or no specialized knowledge or experience in these areas who have clients needing counsel relating to intellectual property matters.

Intellectual Property Committee

Panelists: Professor Karl S. Okamoto, Esq. (Drexel Univ. Law); John J. Marshall, Esq.; Nancy R. Frandsen, Esq.

9:45AM - 11:30AM

"ONLY THE STRONG SURVIVE"

Caught in the Public View: Representing High Profile Client

(1.5 CLE Credits)

 
 

Breakfast and Closing Plenary

This plenary session features national and Philadelphia-area trailblazing criminal defense attorneys and corporate litigators. Topics for discussion will include the challenges and implications of representing celebrity clients, having television in courtrooms, and influencing public opinion. The panel discussion will focus on the interaction of professional ethics and professionalism and the use of media in representing high profile clients while staying within the constraints of the applicable ethics rules.

Panelists: Jami Floyd, Esq. - Anchor truTV (moderator ); William R. "Billy" Martin, Esq.; Theodore Simon, Esq., and Neal R. Sonnett, Esq.

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Philadelphia Bar Association gratefully acknowledges the generous support of the 2008 Bench-Bar and Annual Conference Sponsors