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Canadians Tackle Social Media Ethics, Migration, Birthright Citizenship and More at Lawyers’ Meeting in Toronto

WASHINGTON, July 25, 2011 – Canadian and U.S. experts will come together to address ethical issues in social media, criminal justice concerns, healthcare reform, border migration, the globalization of anti-corruption law and other topics that affect the Americas at the 2011 ABA Annual Meeting Aug. 4–9 in Toronto.

With more than 1,400 legal programs, events and presentations by the foremost law experts, the ABA Annual Meeting is the nation’s premier gathering of legal professionals.

Among notable programming, a multinational panel will explore the influence of the global financial meltdown on North America on Aug. 5. The next day, panelists will discuss the bilateral trade between the United States and Canada, one of the most extensive relationships between nations. Forensic science and its uses in court is a multinational issue that will also be explored on Aug. 5.

Three-term Prime Minister Jean Chrétien is among meeting presenters, and will host a question-and-answer session with meeting attendees on Aug. 5 at the International Human Rights Award Luncheon.

Chief Justice Beverley McLachlin of the Supreme Court of Canada is one of six trailblazing women in the legal profession to be honored with an award at the 2011 Margaret Brent Women Lawyers of Achievement Luncheon, organized by the ABA Commission on Women in the Profession, on Aug. 7 at the Metro Toronto Convention Centre.

Also of the Supreme Court of Canada, Justice Rosalie Silberman Abella will deliver the keynote address for the Thurgood Marshall Award Dinner on Aug. 6, and Justice Marshall Rothstein will be the featured speaker at the Section of Administrative Law Awards Reception on Aug. 5 and at Section of Intellectual Property Law Luncheon on Aug. 6.

The 566-member House of Delegates, the association’s policy-making body, will meet on Aug. 8 and 9 in the Exhibit Hall F/G, 800 Level, South Building of the Metro Toronto Convention Centre. In addition to considering policy recommendations and voting on resolutions, the House of Delegates will honor preeminent lawyers David Boies and Theodore B. Olson with the ABA Medal, the association’s highest honor, on Aug. 8.

To arrange for interviews with panelists, contact ABA Communications and Media Relations at 202-662-1090 or abanews@americanbar.org.

During the Annual Meeting, accredited journalists should register on-site at the Metro Toronto Convention Centre, South Building, Level 800, Hall E, beginning at 8 a.m. Thursday, Aug. 4. A separate press room behind the main registration area will be open daily from 8 a.m. to 6 p.m., and will close one hour after the adjournment of the House of Delegates on Aug. 9.

Online registration for news reporters is easier than ever. Credential guidelines are at http://www.abanow.org/reporter-resources/media-credentials/.  Registration for credentialed media is free.

Program highlights include:

“Forum on Native American Issues”

Though Native American tribes have gained more tribal authority to enforce laws a multitude of problems still persists.  Panelists will examine Indian tribal authority to enforce U.S. tribal criminal laws, the U.S. tribal self-governance program, and Canadian government policies involving First Nations.
Panelists include:
S. Bobo Dean, Hobbs Straus Dean & Walker
Bernd Christmas, Bernd Christmas Law Group (represents several First Nations Bands)
Naunaniknau Kamalii, Papa Ola Lokabi
Hon. J. Matthew Martin, Eastern Band of Cherokee Indians Tribal Court
Geoffrey Strommer, Hobbs, Straus, Dean and Walker
Aug. 4, 9 – 11 a.m., Hilton Toronto, Harris Room, Convention Floor

“The Battle over Birthright Citizenship: History, International Perspectives, and the Path Ahead”

Recent calls to end birthright citizenship in the United States have fueled a heated debate. What impact would changes to our current birthright citizenship rule have on immigration and the U.S. population? Is there any legal basis for such a change, and what are the greater societal implications for such a major shift in policy? What does the historical record tell us about the extent and limitations of birthright citizenship? This discussion will look at these questions, as well how other nations address citizenship, and the facts and misinformation surrounding this discussion.
Panelists include:
Dr. John C. Eastman, Orange, Calif.
Judge Bruce Einhorn, Malibu, Calif.
Thomas Saenz, Los Angeles
Prof. Rogers Smith, Philadelphia
Prof. Margaret Stock, Anchorage, Ala.
Aug. 4, 10:30 a.m. – noon, Room 718A, 700 Level, MTCC, South Building

“Trial Practices and Tac­tics in Canada and the United States” (CLE Center Showcase Program)
Canadian barristers and U.S. trial lawyers will face off on a hypothetical case involving wrongful termination and a hostile work environment. The talented lawyers from each country will offer dynamic samples of opening statements, direct, cross-examinations and closing arguments, followed by an interactive audience discussion. Canadian and U.S. judges will participate as a mock jury.
Panelists include: Prof. Stephen A. Saltzburg, George Washington Law School
Judge Marvin E. Aspen, U.S. District Court, Northern District of Ill.
Justice Gloria J. Epstein, Toronto
Julianne Farnsworth, Charleston, S.C.
Keathan B. Frink, Fort Lauderdale, Fla.
Scott Maidment, Toronto
L. David Roebuck, Toronto
Paul Mark Sandler, Baltimore
Robert R. Simpson, Hartford, Conn.
Stephen D. Susman, Houston
Michael S.F. Watson, Toronto
Aug. 4, 2. – 3:30 p.m., Room 701A, 700 Level, MTCC, South Building

“The Perils of Social Media Under the Laws of U.S. & Canada: A Cautious Tale for Lawyers and Clients”
Lawyers, litigants, judges and jurors are joining the social media craze. A panel of experts will focus on evidence gathering through social media and social media issues that cross borders. They will also discuss privacy issues, copyright laws and ethical implications of social media for lawyers.
Panelists Include:
Nicole Black, Fiandach & Fiandach
Christine Martin, DecisionQuest
Dr. Teresa Scassa, University of Ottawa
Dominique Shelton, Wildman, Harrold, Allen & Dixon LLP
Neil A. Smith, Ropers Majeski Kohn Bentley PC
Aug. 4, 3:45 – 5:15 p.m. Toronto Ballroom II, Convention Floor, Hilton Toronto

“Health Care Reform: A Comparative Look at Access and Quality Issues”
Panelists will examine health care reform efforts in both the United States and Canada, and the impact of the evolving legal and regulatory landscape within each country on patient access to quality care.
Aug. 5, 8:30 – 10 a.m., Room 801A, Level 800, MTCC, South Building

“Question Time with Prime Minister Jean Chrétien”
Three-term former Canadian prime minister, Jean Chrétien, will host a lively question-and-answer session with Annual Meeting attendees.  As prime minister he led in several areas, including climate change, multilateral diplomacy and the elimination of the national deficit. Chrétien remains involved in global affairs and transnational negotiations as counselor, advocate and facilitator. Also, Judge Louise Arbour of Brussels, Belgium, will be presented with the ABA Litigation Section’s 2011 International Human Rights Award.
Aug. 5, 12:15 – 1:45 p.m. Ballroom A/B, Lower Level, InterContinental Toronto Centre

“The Restructuring of the Americas: How Insolvency Courts in Canada, Mexico and the United States are Reshaping Business”
The effects of the global financial meltdown have led to insolvency for many businesses in Canada, Mexico and the United States.  Panelists including Judge Arthur Gonzalez, who presided over the Chrysler, Enron and WorldCom bankruptcy proceedings, will discuss the domestic and international issues with cross-border cases, as well as efforts to minimize obstacles.
Aug. 5, 2 – 3:30 p.m., Room 718A, 700 Level, MTCC, South Building

“Human Rights, Domestic and Sexual Violence: A Cross-Border Perspective”

Domestic and sexual violence will be assessed through the lens of a human rights perspective by legal experts from both the United States and Canada. The experts will discuss cases including U.S. Supreme Court case Town of Castle Rock v. Gonzales, legislation, and policy impacting victims of domestic and sexual violence across borders. The history of third party records case law and its impact on the confidentiality of victims will also be discussed. This panel is open to the public. Myrna Raeder of Los Angeles will moderate the discussion.
Panelists include:
Carrie Bettinger-Lopez, Miami
Renu James Mandhane, Toronto
Pamela Cross, Toronto
Aug. 5, 2 – 4 p.m., Flavelle House, 78 Queen’s Park Crescent West, University of Toronto

“CSI Toronto: The Role of the Court in an Age of Developing Science & Technology”
From the crime scene to the courtroom, in both civil and criminal cases, Extensive, wide spread reforms are needed in forensic science, according to a recent Academy of Sciences report. A bi-national panel will examine the use of complex scientific and technical evidence in American and Canadian courts, including the admissibility of evidence and ways to ensure that expert testimonies are both grounded in science and acknowledges the uncertainties in any findings.
Panelists include:
Judge David J. Waxse, U.S. District Court for the District of Kansas, Kansas City, Kan.
Judge Nancy Gertner, U.S. District Court for the District of Massachusetts, Boston
Judge Stephen T. Goudgem, Court of Appeal for Ontario, Toronto
Judge Stephanie A. Domitrovich, Court of Common Pleas – Erie County, Erie, Penn.
Prof. Michael Saks, Sandra Day O’Connor College of Law at Arizona State University, Tempe, Ariz.
Aug. 5, 3:15 – 5 p.m., Toronto Ballroom II, Convention Floor, Hilton Toronto

“International Discovery: Around the World in 90 Minutes” Given the growing number of clients with global operations, conducting international discover efficiently and effectively is a must. Using a sample fact pattern, an international panel of attorneys from Canada, U.K., France, Mexico and China will explain the unique discovery rules followed in their home country and answer questions that commonly arise when conducting international discovery.
Aug. 5, 3:45 – 5:15 p.m., Room 718B, 700 Level, MTCC, South Building

“Justice for All: A Comparison of the Crime Victims’ Rights in the U.S. and Canada”
How can we better obtain justice for all? This session will work to answer that question by providing a comparison of victims’ rights in the United States and Canada while examining the role of evidence based research and its effect. Other probing questions, such as, How are legislation and case law affecting victims’ rights? What are the latest trends? What are the roles of judges, prosecutors, defense attorneys, victims and victims’ attorneys? What is just and fair for victims beyond rhetoric? will be addressed. The chair of this session is Angela Downes, Alexandria, Va.
Panelists include:
Russell Butler, Upper Marlboro, Md.
Wanda Lucibello, Brooklyn, N.Y.
Irwin Waller, Ottawa, Canada
Aug. 5, 8:30 -10 a.m., Room 703, 700 Level, MTCC, South Building

“International Perspectives on Older Persons with Disabilities: Civil and Criminal Law Practice”
As the “baby boomers” begin to age and expectant life spans widen because of medical advancements, countries throughout the world are grappling with the best way to take care of its nation’s elderly. Panelists from the United States, Canada and the United Kingdom will address reforms from legal systems around the world in guardianship and conservatorship schemes, disability-specific aspects of initial contact with the criminal justice system, and circumstances of accommodation or confinement in such settings as independent living, hospitals, prisons and many more.
Panelists include:
Dr. Eric Y. Drogin, Hingham, Mass.
Judge Kristin Booth-Glen, New York
Judge David M. Brown, Toronto
John R. Williams, Aberystwyth, United Kingdom
Aug. 6, 8:30 – 10 a.m., Room 715A, 700 Level, MTCC, South Building

“Redefining the U.S.-Canadian Border: Current Issues in Visitation and Migration”
The United States and Canadian border has been integral in creating one of the world’s closest and most extensive relationships between countries. Around 300,000 people cross the border every day and the equivalent of $1.6 billion in goods is earned daily through this bilateral trade. Panelists will navigate how the United States and Canada contend with immigration issues including temporary and permanent options for migration, differences and similarities in immigration policies, and NAFTA. The discussion will include options for business and family migration and will address investment to LGBT issues.
Panelists include:
Neil S. Dornbaum, Dornbaum & Peregoy LLC
Evan Green, Green and Spiegel LLP
Sylvia Johnson, U.S. Embassy Ottawa
Aug. 6, 8:30 – 10 a.m., Room 706, 700 Level, MTCC, South Building

“The Globalization of Anti-Corruption Law”
Money laundering and fraudulent financial schemes are rampant in today’s uncertain global economy. The globalization trend will be characterized by the adoption of anti-bribery laws in the U.S. and U.K. that have a similar extraterritorial reach. A multi-national panel of experts will examine these issues as well as white-collar criminal prosecution and practice, and the globalization of anti-corruption investigations and prosecutions. The panel will report on U.S. and international developments under the U.K. Bribery Act, the Foreign Corrupt Practices Act, and the OECD Anti-Corruption Convention. Particular focus will be on the impact these developments will have on U.S. companies and foreign companies doing work in America.
Panelists include:
Markus Funk, Perkins Coie, Denver
Tyler W. Hodgson, Borden Ladner Gervais, Toronto
Juliet Sorensen, Northwestern University School of Law, Chicago
Walter H. White Jr., MaguireWoods LLP, London, England
Aug. 7, 10:30 a.m. – noon, Room 701A, 700 Level, MTCC, South Building

“Investigating and Forgetting on the Web”
Panelists of this showcase program will discuss the legal ramifications of social media. Canadian and American attorneys will examine the privacy, liability and other potential challenges caused by the constantly expanding use of social media. Potential solutions will be examined, including whether the use of “cleaners,” social media expiration dates and other mechanisms to purge online histories could be used to benefit employees or to hamper employers, and if so, what the legal implications would be of using these new technologies. Cynthia E. Nance of Fayetteville, Ark., will moderate the discussion.
Panelists include:
Douglas E. Dexter, San Francisco
Roy L. Heenan, Montreal, Canada
Lauren Schwartzreich, New York
Aug. 7, 10:30 – noon, Room 701B, 700 Level, MTCC, South Building

With nearly 400,000 members, the American Bar Association is the largest voluntary professional membership organization in the world.  As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.

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