CLE DISCLAIMER
Participants must track panel attendance online [events.conferenceadit.com/fbacon24]
Attorneys may receive up to 8.0 General CLE credits (9.6 General CLE credits for 50-min states) for attending educational panels for this conference. Posted credit hours are estimated and subject to respective state approval and reporting rules. CLE qualifications vary by state/jurisdiction and the FBA takes every measure to collaborate with presenters to ensure approval.
THURSDAY, SEPTEMBER 5
Perspectives from the Bench: Multidistrict Litigation
9:45 AM – 10:45 AM | Century AB | 1.0 General CLE Hour Anticipated
Multidistrict litigation (MDL) has grown significantly, with over 1.2 million cases consolidated since the program’s inception, and by 2023, it constituted a third of all pending federal cases. Only 1% of federal civil actions filed in 2022 were consolidated into MDLs, yet almost 30% of MDL dockets contain 10 actions or fewer. This highlights MDL’s complexity and diversity, showing it isn’t just a niche area for a few practitioners. The program’s importance is underscored by the fact that only 1.5% of MDL actions are remanded for trial. This discussion will focus on the judicial perspective, addressing the growth and challenges of MDLs, historical changes, the impact on other litigation, and trends in MDL processes.
> Presented by the Federal Litigation Section in partnership with the Kansas and Western District of Missouri Chapter.
- Moderator: Norman E. Siegel, Partner, Stueve Siegel Hanson LLP
- Hon. Karen K. Caldwell, District Judge, U.S. District Court – Eastern District of Kentucky
- Hon. Beth Phillips, District Judge, U.S. District Court – Western District of Missouri
- Hon. Dan Aaron Polster, Judge, U.S. District Court – Northern District of Ohio
Keys to Successful Federal Criminal Outcomes
11:00 AM – 12:00 PM | Century AB | 1.0 General CLE Hour Anticipated
This panel presentation will showcase the actual experiences of top federal criminal practitioners with decades of case outcomes supporting their shared knowledge. The panel will primarily appeal to federal criminal practitioners but based on the wealth of experiences and dynamic personalities involved, will appeal to all attendees looking to hear and learn from masters of their craft. While the panel will bring primarily federal criminal matters to the discussion, the integral components of relationship building, negotiation, and consensus building will translate across all FBA practice areas. The presentation is also timely based on the federal criminal system’s key role in the administration of justice and expert insight advancing constitutional guarantees of representation, safeguarding life and liberty, and charting the path for the most efficient and effective outcomes for those involved in the system.
- Moderator: Lucinda Luetkemeyer, Partner, Graves Garrett Greim LLC
- James R. (“J.R.”) Hobbs, Shareholder, Wyrsch Hobbs & Mirakian, P.C.
- Kate Mahoney, AUSA, U.S. Attorney’s Office – Western District of Missouri
- Shazzie Naseem, Partner, Berkowitz Oliver LLP
Non-Competes: The Rocky Landscape and a Path Forward
11:00 AM – 12:00 PM | Century C| 1.0 General CLE Hour Anticipated
Sponsored by Foulston Siefkin LLP
This panel will discuss the recent, rapid, and major developments in the field of non-competes. The FTC expects to issue its final rule on non-competes as soon as April. Both corporate defense attorneys and plaintiff’s attorneys should be keenly interested in hearing the ins and outs of these new developments.
> Presented by the Labor & Employment Law Section.
- Moderator: Nico Stillwell, Attorney, ELM Law
- Russell Beck, Partner, Beck Reed Riden LLP
- Tony Durone, Co-Managing Partner, Berkowitz Oliver, LLP
- Stacey R. Gilman, Partner, Berkowitz Oliver, LLP
Burnett v. National Association of Realtors
12:15 PM – 1:15 PM | Century AB | 1.0 General CLE Hour Anticipated
This presentation, hosted by the trial lawyers (plaintiff and defense) involved in Burnett v. Nat’l Association of Realtors will discuss the class action by home sellers challenged an alleged conspiracy by the National Association of Realtors (NAR) and the nation’s largest real estate brokerages to follow and enforce rules that had the alleged purpose or effect of artificially stabilizing broker commissions. Following four years of litigation (including before the Eighth Circuit), trial resulted in a $1.78 billion jury verdict. To date, litigation has led to settlements in excess of $650 million and fundamental reshaping of how real estate brokers will be compensated. Law Professor Thom Lambert (University of Missouri) will moderate the discussion among lawyers who tried the case. Potential topics include origin and impact of NAR’s Buyer Broker Rule on commissions; evidence of alleged conspiracy to follow and enforce Rule; primary defenses/narratives of defendants; certain pre-trial rulings (e.g., per se v. rule of reason analysis); and plaintiff/defense counsel’s efforts to simplify complex legal and factual issues and streamline the trial.
- Moderator: Prof. Thom Lambert, Professor of Law, University of Missouri
- Brandon Boulware, Partner, Boulware Law LLC
- Eric Dirks, Principal Attorney, Williams Dirks Dameron LLC
It is Literally Impossible to be a Woman [Lawyer]
2:45 PM – 3:45 PM | Century AB | 1.0 General CLE Hour Anticipated
Inspired by Oscar-nominated America Ferrera’s monologue as Gloria in Barbie, and supported by studies, statistics, 30 years of litigating, a decade of studying implicit bias, and eight years on the bench, Judge van Meerveld will start with her own monologue about the continuing plight of women in the profession. This will be followed by topical, “gamified” prompts designed to inspire sharing personal stories and brainstorming professional solutions for everyday instances of sexism and implicit bias. Discussion will include topics ranging from pay inequities, disparate application of both subjective- and objective- performance criteria, prove-it-again syndrome, and the maternal wall. Concluding strategies and insights will be applicable and valuable to all legal professionals, regardless of gender. Our goal is to equip all attendees with practical approaches that can foster a more inclusive and equitable professional environment.
> Presented by the Foundation of the Federal Bar Association and Younger Lawyers Division.
- Moderator: Ashley Belleau, Shareholder, Lugenbuhl, Wheaton, Peck, Rankin & Hubbard; Foundation of the FBA President
- Chloé M. Chetta, Member, Barrasso Usdin Kupperman Freeman & Sarver, LLC; Younger Lawyers Division Member
- Hon. Janis van Meerveld, Judge, U.S. District Court – Eastern District of Louisiana
Managing Patent Cases to Keep Them from Overtaking Your Docket
4:00 PM – 5:00 PM | Century AB | 1.0 General CLE Hour Anticipated
Patent litigation is big business. It is one of the last areas of unfettered billing and runaway disputes, whether those are discovery fights or pre-trial disputes. This leads to expensive litigation with runaway dockets for the Court to control. This panel will examine how patent litigation can be controlled from the perspective of the Court, in-house counsel, and outside counsel. The conversation will focus on the key tools that Courts, clients, and attorneys can use to manage patent cases to keep them in check. Panelists will discuss things such as what practitioners and judges could do differently, how to reduce the length that patent cases remain on a docket, how to manage costs by focusing the dispute early, and how Judges can regain control of runaway patent cases (that routinely spend more money on discovery fights than the total cost of other cases from filing to trial).
> Presented by the Intellectual Property Law Section.
- Moderator: Adam Seitz, Founder and Partner, Erise IP
- Padmaja Chinta, Partner, Dunnington Bartholow & Miller LLP
- Benjamin Huh, Assistant General Counsel & Head of Litigation, CrowdStrike
- Hon. Leonard Stark, Circuit Judge, U.S. Court of Appeals for the Federal Circuit
Mock Mediation Workshop
4:00 PM – 5:00 PM | Century C| 1.0 General CLE Hour Anticipated
Sponsored by ADR Notable
Using a comprehensive mediation scenario, the workshop will provide a forum for understanding current challenges and innovative solutions in the mediation process that will benefit all levels of practice. Through interdisciplinary learning and collaboration, the workshop will provide an opportunity for productive dialogue to enhance the quality of the mediation process for all participants. The workshop format will also afford networking which is crucial to mediation practitioners who often work in silos. All federal courts are required to offer at least one form of ADR. Although many federal courts offer more than one form of ADR, mediation remains the primary form of ADR used in the federal courts. Program requirements vary from timing to panels to training, but there is an inherent level of uniformity in the mediation process. Numerous state courts also have some form of ADR requirement or recommendation, with mediation being the most widely used method of ADR. The workshop will be in a format designed to assist attendees in multiple jurisdictions and will include: 1) pre-session communications; 2) introductory sessions, with and without opening statements; 3) separate and joint caucuses; and 4) options for adjourning.
> Presented by the Alternative Dispute Resolution Section and Younger Lawyers Division.
- Moderator: Laurel Stevenson, Director of Mediation and Assessment Program (MAP), U.S. District Court – Western District of Missouri
- Hon. Mark Beatty, Magistrate Judge, U.S. District Court – Southern District of Illinois
- Amy Coopman, Owner and Mediator Attorney, Bridge Mediation, LLC
- Jo Colbert Stanley, Arbitrator Mediator Attorney, Stanley Legal Services, LLC
FRIDAY, SEPTEMBER 6
70th Anniversary of Brown v. Board of Education: A Landmark in Legal History
9:00 AM – 10:00 AM | Century AB | 1.0 General CLE Hour Anticipated
Join Cheryl Brown Henderson for a panel discussion commemorating the 70th anniversary of the historic Supreme Court decision in Oliver L. Brown et al v. the Board of Education of Topeka (KS) et al. This landmark case, initially championed by Charles H. Houston and later Thurgood Marshall along with a formidable legal team, dismantled the legal foundation for racial segregation in schools and public facilities. By declaring that racial segregation “violates the 14th Amendment to the U.S. Constitution, which guarantees all citizens equal protection of the laws,” Brown v. Board of Education not only transformed the American education system but also set a powerful legal precedent. This case affirmed the judiciary’s role in protecting individual rights against discriminatory state actions, reinforcing the constitutional guarantee of equality. Our distinguished panelists will delve into how this pivotal decision continues to influence contemporary legal practices and principles. For attorneys today, understanding Brown’s impact is crucial as it laid the foundation for ongoing battles against discrimination in various forms. The decision’s principles are still invoked in cases addressing educational equity, civil rights, and social justice, making it a vital reference point for legal professionals. Explore how Brown v. Board of Education remains a cornerstone in the fight for justice, shaping both historical and modern legal landscapes. Gain invaluable insights into how this pivotal case continues to inspire legal strategies and advocacy efforts aimed at combating discrimination and promoting human rights.
> Presented by the Kansas and Western District of Missouri Chapter in partnership with the Diversity & Inclusion Committee, Alternative Dispute Resolution Section, Civil Rights Law Section, and Labor & Employment Law Section.
- Moderator: Hon. Willie J. Epps, Jr., Chief Magistrate Judge, U.S. District Court – Western District of Missouri
- Cheryl Brown Henderson, Founding President, The Brown Foundation; Daughter of Oliver Brown
- Introduction by Mark A. Dupree Sr., Wyandotte County District Attorney; Kansas Bar Association President-Elect
Policing & People with Disabilities: From First Encounter to Litigation
10:15 AM – 11:15 AM | Century AB | 1.0 General CLE Hour Anticipated
Sponsored by Hutton and Hutton Law Firm.
Policing practices have come under intense scrutiny in recent years. However, policing practices regarding encounters with persons with disabilities have received less attention. The panel, comprising a diverse group of experienced disability rights advocates, police trainers, litigators and a former jurist, will discuss: Recent data regarding the effectiveness of community-based responses (e.g., behavior mental health professionals) for responding to incidents with persons with mental health and other disabilities, in lieu of police response, as the first line of interaction; current deficiencies in police training for encounters with disabled persons and what the police should consider when training their officers; the intersectionality of disability with racial discrimination claims; and nuts-and-bolts basics of litigating disability discrimination claims arising out of encounters with police.
> Presented by the Civil Rights Law Section in partnership with the Diversity & Inclusion Committee.
- Moderator: Michael Abrams, Attorney, Brown, Goldstein & Levy, LLP
- William Goren, Consultant and Attorney, William D. Goren, J.D., LL.M., LLC
- Aisha Novasky, Managing Attorney, Civil Rights Practice Group, Disability Rights California
- Jamie Strawbridge, Attorney, Brown Goldstein & Levy, LLP
Fieldhouse to Courthouse: Emerging Issues in Sports Law and Litigation
11:30 AM – 12:30 PM | Century AB | 1.0 General CLE Hour Anticipated
This panel will give perspective on recent issues and trends in sports law, including but not limited to the effects of name, image and likeness (NIL) licensing, antitrust issues and league consolidation, and competition issues such as performance-enhancing drugs. Because of the high profile of sports issues, the panel can give insights for dealing with the media and public relations concerns associated with handling disputes of any type.
> Presented by the Corporate and Association Counsel Division.
- Moderator: Ronika Carter, Senior Director of Legal Affairs, Minnesota Vikings Football
- Adam Lauridsen, Partner, Keker & Van Ness