Seventh Annual Fall Institute Agenda October 23-24, 2014 Washington, DC Please note the different locations each day. DAY 1 – White Collar Crime Town Hall at the ABA Offices located at 1050 Connecticut Avenue, NW DAY 2 – CLE Programs at the Law Offices of Hogan Lovells located at Columbia Square SPONSORS: With special thanks to Hogan Lovells US LLP. LIKE WHAT YOU HEAR TODAY? #ABACJS THURSDAY, OCTOBER 23 – DAY 1 th LOCATION: American Bar Association, Washington Square, 1050 Connecticut Avenue, NW (5 Floor) Metro Stop: Farragut North (Red Line) – Exit on the “L” Street side 1:00 – 2:00 pm Check-in/Registration 2:00 – 3:15 pm White Collar Crime Town Hall Session I - Ethics & Professionalism A discussion of the ethical obligations of government, in-house and outside counsel in conducting internal investigations and parallel prosecutions, including multiple representations, confidentiality, maintaining and challenging privilege, the duty to disclose or withdraw, and the evolving law relating to lawyers as relators. Ethics Credit Moderator: Professor Julie R. O’SULLIVAN, Georgetown University Law Center, Washington, DC Matthew T. MARTENS, Esq., Partner at WilmerHale, Washington, DC Ethan M. POSNER, Esq., Partner at Covington & Burling, Washington, DC Grace M. RODRIGUEZ, Partner at King & Spalding, Washington, DC 3:30 – 5:00 pm Substance Abuse Credit White Collar Crime Town Hall Session II - Substance Abuse In the Legal Profession A discussion covering how to notice lawyers who are suffering from substance abuse, what impact is has on their behavior (including their client dealings), and how to address the problem. Moderator: David JAFFE, Associate Dean for Student Affairs, American University Washington College of Law, Washington, DC Thomas E. GILBERTSEN, Esq., Partner at Venable LLP, Washington, DC Denise PERME, LICSW, Manager, DC Bar Lawyer Assistance Program, Washington, DC Clarence F. (“Chip”) STANBACK, Jr., Esq., Chair, DC Bar Lawyer Assistance Committee, Washington, DC 5:00 – 6:30 pm CJS Networking Reception (held onsite at the American Bar Association offices) This reception is brought to you by PricewaterhouseCoopers. FRIDAY, OCTOBER 24 – DAY 2 th LOCATION: Law Offices of Hogan Lovells, Columbia Square, 555 Thirteenth Street, NW (13 Fl. - Fulbright Center) Metro Stop: Metro Center (Blue Line, Orange Line, Red Line & Silver Line) 8:00 – 9:00 am Registration / Coffee Networking 9:00 am Welcoming Remarks by Criminal Justice Section Chairs James E. FELMAN, Partner at Kynes, Markman & Felman, Tampa, FL Cynthia E. ORR, Partner at Goldstein Goldstein & Hilley, San Antonio, TX 9:15 – 10:30 am Plenary Session I – Update on Federal Sentencing Law and Policy This panel will address recent developments in Federal Sentencing Policy from the perspective of Congress, the Sentencing Commission, the Department of Justice, and the Federal Defenders, as well as potential policy issues to be addressed in the near future from each of these perspectives. Moderator: James E. FELMAN, Partner at Kynes, Markman & Felman, Tampa, FL Barry BOSS, Vice Chair, Commercial Litigation Department, Cozen O’Connor, Washington, DC Vanessa L. CHEN, Democratic Counsel, Subcommittee on Crime, Terrorism, Homeland Security, and Investigations, Committee on the Judiciary, U.S. House of Representatives, on detail from the Office of the Federal Public Defender for the Southern District of Florida Michael DREEBEN, Deputy Solicitor General, Department of Justice, Washington, DC Kathleen Cooper GRILLI, General Counsel, United States Sentencing Commission, Washington, DC 10:30 – 10:45 am Networking Coffee Break 10:45 am – 12:00 pm Plenary Session II – White Collar Sentencing: A View from the Bench Members of the federal bench will discuss what really matters to them at sentencing including questions like: What factors are most likely to cause them to depart or vary from the Guideline range? What mistakes do defense attorneys and prosecutors typically make in their sentencing memos and presentations? Moderator: Barry BOSS, Vice Chair, Commercial Litigation Department, Cozen O’Connor, Washington, DC The Honorable James E. BOASBERG, US District Court Judge, Washington, DC The Honorable Nannette Jolivette BROWN, US District Court Judge, Eastern District of Louisiana The Honorable Patti B. SARIS, Chair, United States Sentencing Commission and Chief Judge, US District Court, Boston, MA 12:00 – 1:15 pm Lunch Attendees are responsible for lunch on their own. A list of nearby restaurants and eateries is available online or at the registration desk. 1:30 – 2:30 pm Plenary Session III – Cyber Breaches in Prosecutors’ Offices—What’s Your Action Plan? A prosecutor's office has been hacked. How does the prosecutor respond? This lively panel discussion will address the myriad of questions raised when there has been a breach and the prosecutor now must deal with inquiries from the defense counsel, counsel for victims and witnesses and the courts. Moderator: Stephen SALTZBURG, Professor of Law, The George Washington University, Washington, DC Franklin W. DRAPER, Attorney Advisor, Training Division Defender Services Office, Washington, DC Sean FARRELL, Unit Chief, Office of the General Counsel, Cyber Law Unit at FBI, Washington, DC Mathias H. HECK, Jr., Prosecuting Attorney, Montgomery County, Dayton, OH Mary LEARY, Professor of Law, The Catholic University of America, Washington, DC Cynthia E. ORR, Partner, Goldstein Goldstein & Hilley, San Antonio, TX Matthew F. REDLE, Prosecuting Attorney, Sheridan County, Sheridan, WY Jody WESTBY, Chair, Privacy and Computer Crime Committee, Section of Science & Technology Law & CEO, Global Cyber Risk, Washington, DC 2:30 – 4:30 pm Plenary Session IV – CYBER ATTACK: When the Feds Come Knocking Law firms are used to controlling events or taking steps that aim for a good outcome for the client. What happens when the law firm loses control? How does a firm react when law enforcement informs them their client files have been breached, and it is already being talked about in chat rooms? How does a firm investigate its own breach? Who has to be notified and in what manner and when? Can any of the investigation be protected under privilege or attorney work product? How does a firm determine if a high profile case has been blown? If privileged data was breached is the privilege lost? And what are the ethical obligations? Can the client file an ethics complaint against the firm? This panel enactment of a fast-paced scenario will keep the questions and answers coming! Moderator: Jody WESTBY, Chair, Privacy and Computer Crime Committee, Section of Science & Technology Law & CEO, Global Cyber Risk, Washington, DC Franklin W. DRAPER, Attorney Advisor, Training Division Defender Services Office, Washington, DC Curtis K.S. LEVINSON, Senior Principal, Global Cyber Risk LLC, Washington, DC Mark RASCH, Managing Partner, Rasch Technology & Cyberlaw, Bethesda, MD MacDonnell “Don” ULSCH, Managing Director Cybercrime & Breach Response, PricewaterhouseCoopers LLP, Boston, MA David WEITZEL, Lead InfoSec & Privacy Engineer, MITRE, McLean, VA 4:30 – 6:00 pm CJS Leadership & Awards Reception (held onsite at Hogan Lovells) This reception is brought to you by PricewaterhouseCoopers. Raeder-Taslitz Award – Professor Stephen Saltzburg Charles R. English Award – Professor Andrew Taslitz (awarded posthumously) His wife, Patricia Sun, will accept the award on his behalf. 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