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PROGRAM AGENDA

Unless otherwise noted, all sessions will be held at the Massachusetts Continuing Legal Education (MCLE) Conference Center, 10 Winter Place (via Winter Street — click here for directions).

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Thursday, February 12

2:00pm – 4:00pm
APRL Board of Directors Meeting
Jurys Boston Hotel (Beckett Room)

6:00 – 7:30 p.m.
Welcoming Reception — hosted by Day Pitney LLP
Offices of Day Pitney LLP, One International Place (Corner of High and Oliver streets).
NOTE: Please RSVP to Charles Mokriski at jcmokriski@daypitney.com, so that building security will have your name.

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Friday, February 13

7:30am
Continental Breakfast
MCLE Conference Center

9:00am – 10:15am
You Can Run, but You Can't Hide: Epic Encounters/Elusive Ethics in Electronic Discovery
Mark L. Tuft, Cooper, White & Cooper, LLP, San Francisco, CA (chair/moderator)
James S. Bolan, Brecher, Wyner, Simons, Fox & Bolan LLP, Newton, MA
Cynthia K. Courtney, Day Pitney LLP, Hartford, CT

Recent studies indicate that today between 93 and 97 percent of all information is created electronically. Electronic discovery continues to challenge and flummox lawyers. The panel will discuss the continually evolving ethical issues, including the aftermath of Qualcomm.

10:15am – 10:30am
Break
Snacks and Refreshments

10:30am – 11:45am
Strains on the Treaty, Playing Suicide King, and Other Risky Business: Audit Response Letters and Third-Party Legal Opinion
Brian S. Faughnan, Adams and Reese LLP, Memphis, TN (chair/moderator)
Donald W. Glazer, Advisory Counsel, Goodwin Proctor LLP, Boston, MA
Stanley Keller, Edwards Angell Palmer & Dodge LLP, Boston, MA

The panel will tackle two increasingly troublesome sources of liability exposure for lawyers: responses to audit-request letters and third-party legal opinions. Two of the foremost authorities in the nation, Don Glazer and Stan Keller, will address the most recent actions of accounting-standards setters, their likely impact upon the ABA “Treaty,” and the dilemmas continually faced by lawyers and law firms that are asked to provide legal opinions on financial transactions involving hundreds of millions and even billions of dollars.

11:45am – 12:15pm
20th Anniversary Brainstorming Session
Ellen A. Pansky, Pansky & Markle, South Pasadena, CA (Chair, Anniversary Committee)

Join in a brainstorming session to help plan for APRL’s 20th anniversary meeting scheduled for 2010 in New Orleans. Unchain your imagination. No holds barred!

12:30pm – 1:30pm
Lunch and APRL Business Meeting
Locke-Ober restaurant, 3 Winter Place (next door to MCLE Conference Center)

1:45pm – 2:45pm
Managing the Risk of Corporate Representations: How to Avoid Aiding-and-Abetting Liability and Other Ways of Going Down With Your Client
Anthony E. Davis, Partner, Hinshaw & Culbertson, New York, NY (chair)
Robert Keatinge, Of Counsel, Holland & Hart LLP, Denver, CO

This presentation will address (1) the current state of the law on lawyer liability for aiding and abetting officers’ and directors’ breaches of fiduciary duty when transactions fail or clients go bankrupt (including a discussion of the issue of “deepening insolvency”) and (2) what law firms can do in a systematic way to identify and manage the risks of such claims.

2:45pm – 3:30pm
Lawyer Liability & Discipline—Current Developments
Michael J. Flaherty, Flaherty, Jacobson & Youngerman, PC, Chicago, IL (chair)
Peter Werdesheim, Carlock Copeland, Semler & Stair, LLP, Atlanta, GA

APRL’s traditional semiannual compendium of cases and opinions on the law of lawyering.

3:30pm – 3:45pm
Break
Snacks and Refreshments

3:45pm – 5:00pm
Choices, Choices: Legal Ethics and Choice of Law
Arthur J. Lachman, Attorney at Law, Seattle, WA (moderator)
Bruce Green, Fordham Law School, New York, NY
Philip H. Schaeffer, General Counsel, White & Case LLP, New York, NY
Ellen C. Yaroshefsky, Cardozo Law School, New York, NY

Surprisingly little has been written about choice-of-law questions relating to disciplinary rules and law governing lawyers' professional conduct. The practical application of these issues is rarely discussed at law-of-lawyering programs. Using a series of hypotheticals, the panel will explore applicable choice-of-rule principles, including those established by RPC 8.5, discuss how these principles apply in both interstate and international contexts, and offer suggestions for advising lawyers when dealing with federal-agency professional conduct and other rules that differ from state rules.

7:00pm
APRL DINNER – Stanhope Grill, Jurys Boston Hotel

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Saturday, February 14

7:30am
Full Breakfast
Jurys Boston Hotel (Joyce and Beckett rooms)

9:00am – 10:15am
APRL/NOBC Joint Program: Strict Liability vs. Scienter—Filling the Mental-State Gaps in the Model Rules
Sarah Diane McShea, Law Offices of Sarah Diane McShea, New York, NY (chair/moderator)
Donald R. Lundberg, Executive Secretary, Indiana Supreme Court Disciplinary Commission, Indianapolis, IN
Nancy J. Moore, Professor of Law and Nancy Barton Scholar, Boston University School of Law, Boston, MA
William J. Wernz, Dorsey & Whitney, LLP, Minneapolis, MN

The panel will discuss the state-of-mind standards that are explicit and implicit in lawyer-disciplinary rules. When a state-of-mind element is not explicitly mentioned in a rule, what proof of scienter, if any, should be required? Should a demonstration of negligence be the minimum requirement? Should "mistake of law" ever be a valid defense to a disciplinary charge? The program will feature Professor Nancy J. Moore, who is writing what is widely anticipated as a seminal article on these issues.

10:15am – 11:00am
Break
Commute to MCLE Center

11:00am – 12:15pm
Finders Weepers, Losers Weepers: From Misdirected Memos to Mining of Metadata—an Update
Ellen A. Pansky, Pansky & Markle, South Pasadena, CA (co-chair)
J. Charles Mokriski, Day Pitney LLP, Boston, MA (co-chair)
Lawrence J. Fox, Drinker Biddle & Reath LLP, Philadelphia, PA
William P. Schuman, McDermott, Will & Emery LP, Chicago, IL

Confidentiality of attorney-client communications and work product faces off against zealous advocacy for the client when confidential information from your opponent comes into your hands. The panel will explore recent developments in rules, ethics opinions, and case law concerning what must be done, what can be done, and what should be done when that bundle of yellowed documents comes into your office over the transom one night, opposing counsel leaves a “smoking gun” document in open sight on the conference-room table, or the mental processes of the opposing lawyer in a transaction are laid bare by the sweep of a cursor over text in an e-document.

12:30pm – 2:00pm
Respondent's Counsel Roundtable (including box lunch)
John A. Weiss, John A. Weiss, P.A., Tallahassee, FL (moderator)

The traditional roundtable discussion of issues of interest to counsel for respondents in lawyer-disciplinary and similar proceedings.

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ACCOMMODATION INFORMATION

Jurys Boston Hotel
350 Stuart Street
Back Bay, Boston, USA, 02116
Tel: +1 (617) 266 7200
Fax: +1 (617) 266 7203

Located in the former Boston police headquarters in the heart of the Back Bay, Jurys Boston Hotel offers something completely unique. Offering unparalleled levels of comfort, this generously proportioned and elegant 4-diamond hotel has become one of the most popular Boston hotels and will delight anyone who stays. An urban American grille—the Stanhope—has a menu featuring fresh, native ingredients while Cuffs Irish Bar is the place to enjoy a relaxing drink. With five dedicated boardrooms, a business center, and a state-of-the-art gym, Jurys Boston Hotel is one of the city’s leading hotels.
— From the hotel’s website

Lodging arrangements for APRL’s Midyear Meeting in Boston have been made at Jurys Boston Hotel, 350 Stuart Street, in the Back Bay area of the city. The APRL group rate is $185.00 per night, plus tax.

For reservations, contact the hotel at 617-266-7200, and request the APRL rate. To obtain the group rate, a reservation must be made on or before January 22, 2009.

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DIRECTIONS BETWEEN VENUES

Jurys Boston Hotel is located at the corner of Stuart and Berkeley streets in Boston’s “Back Bay” area. It is two blocks south of the “Arlington Street” MBTA ("T") subway station at the corner of Boylston and Berkeley streets. To get to the MCLE Conference Center, where our Friday and Saturday meetings will be held (except the joint NOBC/APRL program), come out of the hotel onto Stuart Street, turn right and walk 30 feet to Berkeley Street, cross the street, and turn left and walk two short blocks along Berkeley to Boylston, where the T stop is located. Take any subway Inbound two stops to the “Park Street” station. Go to the front of the station (the direction the train was heading), and go up to street level. Winter Street is perpendicular to Tremont Street, which runs along the eastern side of the Boston Common. Walk one-half block down Winter Street to the alley on the right that runs right up to the MCLE Conference Center at 10 Winter Place. Lunch on Friday will be at Locke Ober, famed and in recent years gastronomically acclaimed restaurant at 3 Winter Place, about 25 feet from the entrance to the MCLE Conference Center.

To get to the joint APRL/NOBC program, which will take place on Saturday morning at 9:00 a.m. at NOBC's headquarters in the Colonnade Hotel at 120 Huntington Avenue, walk from Jury's to the same Arlington T stop, and take the Outbound E train for two stops to the “Symphony” station, which lets you off right in front of the Colonnade Hotel. To get to the remainder of the APRL meeting back at the MCLE Conference Center following the joint program, take the Inbound E train four stops to the “Park Street” station, then follow the above directions to the MCLE Conference Center.

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Download Program Agenda and Accommodation Information (Word document)
Download Registration Form (Word document)