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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

Competition Policy in the Telecommunications Space - Event Video

2014 National Lawyers Convention
Gene Kimmelman, Maureen K. Ohlhausen, Michael O'Rielly, Christopher S. Yoo, Stephen F. Williams November 17, 2014

In today’s rapidly evolving telecommunications landscape, the development of new technologies and distribution platforms are driving innovation and growth at a breakneck speed across the Internet ecosystem.  Broadband connectivity is increasingly important to our civil discourse, our economy, and our future.  What is the proper role of government in facilitating robust investment and competition in this critical sector?  When technology companies constantly have to reinvent themselves and adapt to survive – what role should government play?  Our panel of experts will discuss the current regulatory environment and how government policies – particularly regarding transactions and the Open Internet proceeding – could affect the competitive marketplace.

The Federalist Society's Telecommunications & Electronic Media Practice Group presented this panel on "Competition Policy in the Telecommunications Space" on Thursday, November 13, during the 2014 National Lawyers Convention.

Featuring:

  • Mr. Gene Kimmelman, President and CEO, Public Knowledge
  • Hon. Maureen K. Ohlhausen, Federal Trade Commission
  • Hon. Michael O’Rielly, Federal Communications Commission
  • Prof. Christopher S. Yoo, John H. Chestnut Professor of Law, Communication, and Computer & Information Science, and Director, Center for Technology, Innovation & Competition, University of Pennsylvania Law School
  • Moderator: Hon. Stephen F. Williams, Senior Circuit Judge, U.S. Court of Appeals, D.C. Circuit

Mayflower Hotel
Washington, DC

Who Rules Patents? A Discussion with Chief Judge Randall R. Rader - Podcast

Intellectual Property Practice Group Podcast
Randall R. Rader May 06, 2014

Randall Rader

Having completed work on the America Invents Act in 2011, Congress is now considering further patent revision legislation. While some observers argue that the patent system is broken, in dire need of repair, others assert that the patent system has fostered innovation in technology, communications and elsewhere, which has permitted remarkable advances and robust economic expansion in those sectors in an otherwise tepid economy. Is the business world overrun with patent suits, or are judges already empowered to control nuisance litigation? What parts of the current patent revision efforts are true reform, and which are unwarranted government intrusions? What are the respective roles and expertise of the judiciary and the legislature when it comes to patents, patentability, fee-shifting, patent-licensing, and more? These and other issues were discussed by Chief Judge Randall R. Rader, United States Court of Appeals for the Federal Circuit.

Featuring:

  • Hon. Randall R. Rader, Chief Judge, United States Court of Appeals, Federal Circuit

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