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Showcase Panel IV: ROUNDTABLE: Is the Future of the American Dream Bright? - Event Video

2014 National Lawyers Convention
Rachel Brand, Lanny J. Davis, Neal K. Katyal, Charles Murray, Karlyn Bowman November 17, 2014

America has always been a forward-looking country.  What is the future for our young – for the best and brightest – and for everyone else?  Does the American Dream still apply?  Does our current legal and regulatory system offer the young prospects for a more just and better society, or for an overregulated society that stifles enterprise and compromises individual liberty?  How do we balance these competing concerns and what role can and should our legal system play?  Finally, there has been much discussion recently about income inequality.  Are efforts to address that through law or taxes beneficial or harmful to the young and their vision of a better society?

The Federalist Society's Practice Groups presented this showcase panel on "Is the Future of the American Dream Bright?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Hon. Rachel L. Brand, Member, Privacy and Civil Liberties Oversight Board; Senior Advisor to the U.S. Chamber Litigation Center, United States Chamber of Commerce; and former Assistant U.S. Attorney General for Legal Policy United States Department of Justice
  • Hon. Lanny J. Davis, Principal, Lanny J. Davis & Associates, former Special Counsel to the President, and former Member, Privacy and Civil Liberties Oversight Board
  • Prof. Neal K. Katyal, Paul and Patricia Saunders Professor of National Security Law and Director, Center on National Security and the Law, Georgetown University Law Center, Partner, HoganLovells US LLP, and former Acting U.S. Solicitor General
  • Dr. Charles A. Murray, W.H. Brady Scholar, American Enterprise Institute
  • Moderator: Ms. Karlyn Bowman, Senior Fellow and Research Coordinator, American Enterprise Institute

Mayflower Hotel
Washington, DC

“The Dog Ate My Emails!”: Document Retention Policies, Litigation Holds, and Legal Ethics - Event Video

2014 National Lawyers Convention
Jamie Brown, Daniel Z. Epstein, Patrick Oot, Victoria A. Redgrave, Julie Goldsmith Reiser, Jerry E. Smith, Jack J. Park Jr. November 17, 2014

Once upon a time, corporations, government departments, and other entities made their own decisions about how long to retain documents created or received in the course of business.  Today, document retention policies can present difficult issues for the entities, for the lawyers who advise them, and for the courts that are called on to decide the consequences when documents are no longer available.  Particularly in the electronic age, where computers die, people delete their emails, and backups are not always reliable, document retention cannot be counted on.  What are an attorney’s obligations?  Should a lawyer bringing suit write to the other side and warn that entity not to engage in normal document destruction and to back up particularly important data?  Does the company being sued have to comply?  These are some of the questions that the panel will address.

In-house lawyers may face particular difficulties.  Does the lawyer represent only the institution, or does the lawyer also have obligations to the employees? Should the lawyer advise the employees to censor themselves in emails sent via the employer’s email system?  Should employees be encouraged to communicate about work through their personal email instead?  How does an in-house lawyer handle the conflicts between representing individuals who do not want to disclose discoverable emails for emails unrelated to ongoing litigation (perhaps because they made impolitic comments about their supervisors)?

Finally, the panel will discuss if there are special obligations for counsel representing government entities.  Government records have a unique status.  They document the conduct of public business and are necessary for transparency and, more formally, are subject to retention and preservation requirements.  Should lawyers advise government clients that backups cannot be destroyed for years, contrary to current IRS policy?  Should lawyers inform government employees that their personal emails, if discussing issues related to their work, may also be discoverable?  How does the government’s duty of transparency to the public affect its disclosure obligations and the lawyer’s corresponding obligations to her client?

The Federalist Society's Professional Responsibility & Legal Education Practice Group presented this panel on "'The Dog Ate My Emails!': Document Retention Policies, Litigation Holds, and Legal Ethics on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Ms. Jamie Brown, Global eDiscovery Counsel, UBS AG, and former Associate General Counsel, Commodities Futures Trading Commission
  • Mr. Daniel Epstein, Executive Director, Cause of Action
  • Mr. Patrick Oot, Partner, Shook Hardy & Bacon L.L.P., and former Senior Special Counsel for Electronic Discovery Office of the General Counsel, U.S. Securities and Exchange Commission
  • Mrs. Victoria A. Redgrave, Managing Partner, Redgrave LLP
  • Ms. Julie Goldsmith Reiser, Partner, Cohen Milstein Sellers & Toll PLLC
  • Moderator: Hon. Jerry Smith, U.S. Court of Appeals, Fifth Circuit
  • Introduction: Jack J. Park Jr., Of Counsel, Strickland Brockington Lewis LLP; and Chairman, Professional Responsibility & Legal Education Practice Group

Mayflower Hotel
Washington, DC

Do the EPA’s CO2 Rules Go Too Far? - Event Video

2014 National Lawyers Convention
Paul Bailey, Elbert Lin, Robert V. Percival, Robert Sussman, Frank H. Easterbrook November 17, 2014

On June 2, 2014, the Obama Administration took action that would require a 30 percent cut in carbon emissions at fossil fuel-burning power plants by 2030.  Some industry representatives and state officials contend that the goals are unattainable, and the required shut-down of even a fraction of the coal-burning power plants required will put several power grids at risk, particularly during the upcoming winter season.  Regulators site cost-benefit claims of seven to one – that is, for every dollar expended on compliance, seven dollars will be saved in other areas, largely health care.  Are the rules likely to be finalized?  If so, how must such reductions be accomplished?  How much latitude will states and private actors have in meeting the new requirements?

The Federalist Society's Environmental Law & Property Rights Practice Groups presented this panel on "Do the EPA’s CO2 Rules Go Too Far?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Paul Bailey, Senior Vice President for Federal Affairs and Policy, American Coalition for Clean Coal Electricity
  • Mr. Elbert Lin, Solicitor General, State of West Virginia
  • Prof. Robert Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, University of Maryland Francis King Carey School of Law
  • Mr. Robert M. Sussman, Principal, Sussman & Associates and former Senior Policy Counsel to EPA Administrator and EPA Deputy Administrator
  • Moderator: Hon. Frank H. Easterbrook, U.S. Court of Appeals, Seventh Circuit

Mayflower Hotel
Washington, DC

Without Standing, Are We All Sitting Ducks? - Event Video

2014 National Lawyers Convention
Jonathan H. Adler, Amanda Cohen Leiter, Robert N. Weiner, Patrick Wyrick, A. Raymond Randolph, Eileen O'Connor November 17, 2014

For a federal court to consider an issue, there must be a case or controversy, and the parties before the court must have standing, i.e., a stake in the outcome of the decision.  While standing is important in our system of justice, the courts are not the only avenue for relief (the ballot box, theoretically, being another).  This panel will explore the history, development and current status of standing doctrine in regulatory litigation, with particular focus on the extent to which standing and related justiciability requirements have come to serve as a shield against meaningful judicial review of agency actions.

The Federalist Society's Administrative Law & Regulation Practice Group presented this panel on "Without Standing, Are We All Sitting Ducks?" on Saturday, November 15, during the 2014 National Lawyers Convention.

Featuring:

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law, Case Western Reserve University School of Law
  • Prof. Amanda Cohen Leiter, Associate Professor of Law, American University Washington College of Law   
  • Mr. Robert N. Weiner, Partner, Arnold & Porter LLP
  • Mr. Patrick Wyrick, Solicitor General, State of Oklahoma
  • Moderator: Hon. A Raymond Randolph, U.S. Court of Appeals for the D.C. Circuit
  • Introduction: Hon. Eileen O'Connor, Partner, Pillsbury Winthrop Shaw Pittman LLP; and Chairman, Administrative Law & Regulation Practice Group

Mayflower Hotel
Washington, DC