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Intellectual Property

Seventh Annual Rosenkranz Debate - RESOLVED: Indiscriminate Collection of American Phone Records Violates the Fourth Amendment - Event Video

2014 National Lawyers Convention
Michael B. Mukasey, Nadine Strossen, Nicholas Quinn Rosenkranz, Eugene B. Meyer November 17, 2014

The Seventh Annual Rosenkranz Debate was held on November 15, 2014, during The Federalist Society's 2014 National Lawyers Convention. RESOLVED: Indiscriminate Collection of American Phone Records Violates the Fourth Amendment.

Featuring:

  • Hon. Michael B. Mukasey, Partner, Debevoise & Plimpton LLP and former U.S. Attorney General
  • Prof. Nadine Strossen, Professor of Law, New York Law School, and former President, American Civil Liberties Union, 1991 - 2008
  • Moderator: Prof. Nicholas Quinn Rosenkranz, Georgetown University Law Center
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

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

14th Annual Barbara K. Olson Memorial Lecture - Event Video

2014 National Lawyers Convention
John A. Allison, Eugene B. Meyer November 17, 2014

On September 11, 2001, at the age of 45 and at the height of her professional and personal life, Barbara K. Olson was murdered in the terrorist attacks against the United States as a passenger on the hijacked American Airlines flight that was flown into the Pentagon. The Federalist Society established this annual lecture in Barbara's memory because of her enormous contributions as an active member, supporter, and volunteer leader. Solicitor General Theodore B. Olson delivered the first lecture in November 2001. The lecture series continued in following years with other notable individuals. In 2014, Mr. John Allison, President and CEO of the Cato Institute, delivered the lecture. He was introduced by Mr. Eugene B. Meyer, President of the Federalist Society.

Featuring:

  • Mr. John A. Allison, President and CEO, Cato Institute; former Chairman and CEO, BB&T Corporation
  • Introduction: Mr. Eugene B. Meyer, President, The Federalist Society

Mayflower Hotel
Washington, DC

Address by Carly Fiorina - Event Video

2014 National Lawyers Convention
Carly Fiorina, Dean A. Reuter November 17, 2014

Carly Fiorina delivered this address at the 2014 National Lawyers Convention on Friday, November 14, 2014. She was introduced by Mr. Dean A. Reuter, Vice President & Director of Practice Groups at The Federalist Society.

Featuring:

  • Mrs. Carly Fiorina, Fiorina Group
  • Introduction: Mr. Dean A. Reuter, Vice President & Director of Practice Groups, The Federalist Society

Mayflower Hotel
Washington, DC