NAWJ 2018 Midyear Meeting

CONTINUING LEGAL EDUCATION

*CLE Credits are provided only for New York State. The New York Women’s Bar Association is an accredited Continuing Legal Education (CLE) provider. Approval of CLE credit is pending in accordance with the requirements of the New York State CLE Board for the noted credit hours for established attorneys and as transitional credit hours for newly admitted attorneys. Panels which are marked with an asterisk are eligible for CLE credit.

PANELISTS BIOGRAPHIES

(Click here to download speaker biographies.)

FRIDAY, APRIL 13, 2018

9:00 a.m.-10:15 a.m.
Artificial Intelligence: The Coming Industrial Revolution

This panel will discuss the emergence of artificial intelligence (AI) and how it will change the legal profession. Leading experts will distinguish reality from the hype and cover topics including: 1) legal analysis tools that can “predict” outcomes of cases and how AI might affect the judiciary; 2) how AI is changing litigation, law firms and the work of lawyers, and e-discovery; 3) the limitations of AI and the law, and how blockchains may play into the emerging legal tech landscape; 4) the effect autonomous vehicles will have on litigation as vehicles become witnesses against the people who operate them, reliance on expert witnesses increases, and the implications of autonomous vehicles on criminal, insurance, employment, product liability, and privacy law;  and 5) the evolving legal and regulatory landscape governing use of big data in AI and the ethical issues and the privacy concerns this raises.

10:30 a.m.-11:45 a.m.
Somebody IS Watching Me — Cybersecurity,  Privacy, and the Internet of Things

In this session attendees will learn about 1) the human factor in facilitating access to data and information and the vulnerabilities in technology; 2)  the difficulties in safeguarding security and reasonable strategies to use; 3) the new challenges presented in proliferation of the Internet of Things; 4) current cases involving devices and discussion of privacy considerations, data collection and storage practices in light of recent case law; and 5) discuss what is next in technology and the types of challenges that the courts are anticipating.

Written Materials

• The “Internet of Things”: New Challenges in Civil Discovery, Kristen B. Weil and Ronald J. Hedges – March 20, 2018, Pretrial Practice and Discovery, ABA Section on Litigation

• “Internet of things: On the cusp of a litigation explosion” by Jim Snell, Esq., and Christian Lee, Esq., Perkins Coie LLP

• "Objection, Your Honor" (To Your Social Media Activity?)  by Prof. Michael L. Fox, New York State Bar Association Journal, March/April 2018, Vol. 90, No. 3

• "The IOT: What Is It, What Can Happen With It, and What Can Be Done When Something Happens” by Ronald J. Hedges and Kevin F. Ryan,  New York State Bar Association Journal, March/April 2018, Vol. 90, No. 3

• THE SEDONA CONFERENCE “JUMPSTART OUTLINE: Questions to Ask Your Client & Your Adversary to Prepare for Preservation, Rule 26 Obligations, Court Conferences & Requests for Production
https://thesedonaconference.org/publication/The%20Sedona%20Conference®%20%22Jumpstart%20Outline%22

• The Sedona Glossary" (Apr. 2014) https://thesedonaconference.org/publication/The%20Sedona%20Conference®%20Glossary

• Privacy & Data Security Update (2017): An Overview of the Commission’s Enforcement, Policy Initiatives, and Consumer Outreach and Business Guidance in the Areas of Privacy and Data Security: January 2017 – December 2017
https://www.ftc.gov/reports/privacy-data-security-update-2017-overview-commissions-enforcement-policy-initiatives

• FTC Settlement with VTech
https://www.ftc.gov/news-events/press-releases/2018/01/electronic-toy-maker-vtech-settles-ftc-allegations-it-violated

• Smart Toys and the Children's Online Privacy Protection Act of 1998 (Cong. Research Serv. Jan. 8, 2018)
https://fas.org/sgp/crs/misc/LSB10051.pdf

• Strategic Principles for Securing the Internet of Things (fact sheet)
• Strategic Principles for Securing the Internet of Things (DHS: Nov. 15, 2016)
https://www.dhs.gov/securingtheIoT

• Technology Assessment: Internet of Things: Status and Implications of an Increasingly Connected World" (GAO: May 2017)
https://www.gao.gov/products/GAO-17-75

• Smart Home Checklist (Online Trust Alliance)
https://otalliance.org/system/files/files/initiative/documents/ota_smarthome_check_list.pdf

• Consumer Notice: Internet-Connected Toys Could Present Privacy and Contact Concerns for Children" (FBI Public Service Announcement: July 17, 2017)
https://www.ic3.gov/media/2017/170717.aspx

• Microphones and the Internet of Things (Future of Privacy Forum: Aug. 2017)
https://fpf.org/2017/08/10/new-infographic-understanding-uses-microphones-internet-things-iot-devices/

• POWERPOINT - Somebody IS Watching Me: Cybersecurity, Privacy, and the Internet of Things

2:00 p.m. - 3:15 p.m.              Bail Reform – Underway                                         

Bail is now a focus of reform, with lawsuits challenging its legality, empirical studies tracking the relationships among race, gender, class, and bail, and policy makers debating bail’s wisdom and utility.  This panel will discuss the current developments and innovations aiming to undo many of the practices that have become familiar in courts around the country.

Written Materials

• Liman Workshop Rationing Access to Justice: Fines, Fees, and Bail February 19, 2018- Detention, and Bonds

• Daniel J. Freed & Patricia M. Wald, Bail in the United States: 1964 (Working Paper, Nat’l Conf. on Bail and Criminal Justice, May 1964)

• John-Michael Seibler & Jason Snead, The History of Cash Bail: Legal Memorandum, THE HERITAGE FOUNDATION (Aug. 25, 2017)

• United States v. Salerno, 481 U.S. 739 (1987)

• Paul S. Heaton, Sandra G. Mayson & Megan T. Stevenson, The Downstream Consequences of Misdemeanor Pretrial Detention, 69 STAN. L. REV. 711 (2017)

• Megan Stevenson, Distortion of Justice: How the Inability to Pay Bail Affects Case Outcomes (Working Paper, University of Pennsylvania, Nov. 2016)

• David Arnold, Will Dobbie & Crystal S. Yang, Racial Bias in Bail Decisions (Nat'l Bureau of Econ. Research, Working Paper No. 23421, May 2017)

• ODonnell v. Harris County, 251 F. Supp. 3d 1052 (S.D. Tex. Apr. 28, 2017), appeal filed, No. 17-20333 (5th Cir.)

• Liman Workshop Rationing Access to Justice: Fines, Fees, and Bail February 26, 2018- Abolish Bail Money

• Public Safety Assessment: Risk Factors & Formula, LAURA & JOHN ARNOLD FOUNDATION (2016)

• Douglas L. Colbert, Ray Paternoster & Shawn D. Bushway, Do Attorneys Really Matter? The Empirical and Legal Case for the Right of Counsel at Bail, 23 CARDOZO L. REV. 1719 (2002)

• Samuel Wiseman, Pretrial Detention and the Right to be Monitored, 123 YALE L.J. 1118 (2014)

• Crystal S. Yang, Toward an Optimal Bail System, 92 N.Y.U. L. REV. 1399-1493 (2017)

• Brief for Amici Curiae American Bail Coalition, Georgia Association of Professional Bondsmen & Georgia’s Sheriffs’ Association in Support of Defendant-Appellant and Reversal of Preliminary Injunction, Walker v. City of Calhoun, 2016 WL 3452938, (11th Cir. 2016)

• Complaint, Brittan Holland (Lexington Nat’l Ins. Corp.) v. Rosen et al, No. 1:17-cv-04317 (D.N.J. filed Jun. 14, 2017)

• Eric Westervelt, Did A Bail Reform Algorithm Contribute to This San Francisco Man's Murder, NPR: ALL THINGS CONSIDERED (Aug. 18, 2017), https://www.npr.org/2017/08/18/543976003/did-a-bail-reform-algorithmcontribute-to-this-san-francisco-man-s-murder

• Pretrial Detention Reform — Recommendations to the Chief Justice, CAL. PRETRIAL DETENTION REFORM WORKGROUP (Oct. 2017)

• Jeff Adachi, Don’t Let Judges Hijack California Bail Reform, THE SACRAMENTO BEE (Nov. 27, 2017 12:00PM), http://www.sacbee.com/opinion/oped/soapbox/article186040863.html

• In re Humphrey, No. A152056, 2018 WL 550512 (Cal. Ct. App. Jan. 25, 2018) Liman

• Crystal S. Yang, Toward an Optimal Bail System, slide presentation

3:30 p.m. - 4:45 p.m.

The Opioid Crisis and The Criminal Justice System: A Call to Action

This session will explore the response by the criminal justice system to the opioid addiction epidemic. We will discuss how opioid addiction differs from other addictions and requires different forms of treatment both medically and by the courts.  We will focus on emerging solutions to these issues that balance justice with the immediate health needs of defendants from a myriad of affected communities. The founder of the country’s first opioid court will share the genesis of the Erie County Court and what he has learned since its inception. The panel will also evaluate other mechanisms for intervention, and how the courts can best evolve to effectively respond to this urgent crisis.

Written Materials

• POWERPOINT - Medication Addiction Treatment for Opioid Use Disorders, Frances R. Levin, MD

• Buffalo Opioid Intervention Court Summary Brochure

• POWERPOINT - Buffalo Opioid Intervention Court, Honorable Craig D. Hannah Buffalo City Court Judge

• POWERPOINT - Opioid Addiction 101: A Brief Primer for the Criminal Justice System, Richard S. Schottenfeld, M.D. Professor and Chair, Department of Psychiatry and Behavioral Sciences

• POWERPOINT - The Opioid Crisis and the Criminal Justice System: A Call to Action by Fiona Doherty

3:30 p.m. - 4:45 p.m.

Nonconsensual Pornography (“Revenge Porn”): Theory and Practice

This session will discuss nonconsensual pornography, defined as the distribution of sexually graphic images of individuals without their consent. Topics will include the development of state law; discussion of related law when the victim is not located in a state where nonconsensual pornography is a crime, and crimes that nonconsensual pornography is frequently associated with; discussion of effective eDiscovery tools; social implications of technology’s breach of privacy norms and their intersection with criminal and civil rights.

Written Materials

• Without My Consent's Something Can Be Done! Guide is available for print and download at http://withoutmyconsent.org/resources/download-guide

Highlights include chapters on:
• Evidence Preservation;
• Take Down;
• Copyright Registration; and
• Restraining Orders.

Supplementary materials include: Without My Consent's sample completed evidence chart, a fillable/printable DMCA takedown notice, a sample completed copyright registration for nonconsensual porn content, the Grade Your State Checklist, the Digital Abuse Cheat Sheet, template points and authorities for applications to proceed pseudonymously and applications to seal certain records; a sample partially completed application for a digital abuse restraining order in California family court.

• Read about the vision for the Something Can Be Done! Guide here: Cyrus Farivar, If You’re A Revenge Porn Victim, Consider This Free, Helpful Legal Guide, Ars Technica (Feb. 11, 2017) http://tiny.cc/ryb0jy(“Without My Consent’s efforts are reminiscent of Nolo, a decades-old do-it-yourself legal publisher.”)

• Interactive map of states with revenge porn laws: www.cagoldberglaw.com/states-with-revenge-porn-laws/

• Ed Title IX regs (34 CFR 106) http://tiny.cc/ryb0jy

• 2011 Dear Colleague letter http://tiny.cc/kzb0jy

• ABA Model Rules

Rule 1.18 Duties to Prospective Client: https://tinyurl.com/zjkwmdf

Rule 1.7 Conflict of Interest: Current Clients: https://tinyurl.com/663983e

Rule 1.8 Conflict of Interest: Current Clients: Specific Rules: https://tinyurl.com/3t9nylf

Rule 1.9 Duties to Former Clients: https://tinyurl.com/3d3gv3d

Rule 6.1 Voluntary Pro Bono Publico Service: https://tinyurl.com/llbv3wo

Rule 5.3 Responsibilities Regarding Nonlawyer Assistance: https://tinyurl.com/4gklf7p

Rule 4.3 Dealing With Unrepresented Person: https://tinyurl.com/nx9gkhq

Rule 4.1 Truthfulness In Statements To Others: https://tinyurl.com/crglzo4

• Fighting for Online Privacy with Digital Weaponry: Combatting Revenge Pornography, Elisa D’Amico & Luke Steinberger, NYSBA Entertainment, Arts and Sports Law Journal, Summer 2015, Vol. 26, No. 2 http://tiny.cc/szb0jy

• The War to Stay Secure: Online Privacy and the Battle in the Civil Courts against Sexual Cyberharassment, Elisa D’Amico, ABA Human Rights Magazine, Vol. 41, No. 3 (2016) http://tiny.cc/6zb0jy

• My Ex was Jailed for Posting Naked Pictures of Me, Anisha Vora, Grazia Magazine, https://twitter.com/Anisha_Vora/status/591406853898293249

• Cyber Exploitation, State of California Department of Justice https://oag.ca.gov/cyberexploitation

• Washington State Criminal statute http://app.leg.wa.gov/RCW/default.aspx?cite=9A.86.010

• Washington State Civil statute http://app.leg.wa.gov/RCW/default.aspx?cite=4.24.795

• ACLU: PI filed in First Amendment challenge https://www.aclu.org/legal-document/antigone-books-v-horne-motion-preliminary-injunction-pi

• ACLU: Original complaint https://www.aclu.org/legal-document/antigone-books-v-horne-complaint

• ACLU: Blog posting after Court ordered settlement https://www.aclu.org/blog/arizonas-naked-photo-law-makes-free-speech-felony

• Mary Anne Franks article http://www.huffingtonpost.com/mary-anne-franks/revenge-porn-intimate-privacy-protection-act_b_11034998.html

• Illinois General Assembly Public Act 098-1138 http://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=098-1138

• Cyber Civil Rights Model State Law https://www.cybercivilrights.org/model-state-law/

• Criminalizing Revenge Porn by Danielle Citron and Mary Anne Franks http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=2424&context=fac_pubs

• Franks, Mary Anne, 'Revenge Porn' Reform: A View from the Front Lines (October 17, 2016). Florida Law Review, Forthcoming; University of Miami Legal Studies Research Paper No. 16-43. Available at SSRN: https://ssrn.com/abstract=2853789

SATURDAY, APRIL 14, 2018

9:00 a.m.-10:15 a.m.

Maintaining Your Mental Well-Being: Self Care is an Essential Part of Your Professional Success

“Make sure to put on your own oxygen mask before helping others” What good advice!   A healthy judge or attorney is a successful and productive one. Members of the judiciary suffer unique stressors such as isolation, the pressure to be fair and impartial under challenging circumstances, the need to be courteous when others are acting poorly, and the sheer avalanche of work.  Members of the bar are faced with demanding work schedules and heavy caseloads in an adversarial environment. Such stressors can manifest as sleep disturbances, temperament changes, physical ailments, alcohol or substance abuse, depression or suicide. Panelists will discuss wellness strategies to address stressors, prevent their appearance and respond to scenarios presented by the moderator.

Written Materials

• New York State Commission on Judicial Conduct Landicino Decision
http://cjc.ny.gov/Determinations/L/Landicino.Carl.J.2015.12.28DET.pdf

• New York State Bar Association Judicial Wellness and Assistance Brochure
http://www.nysba.org/workarea/DownloadAsset.aspx?id=74648

• New York State Bar Association Judicial Wellness Committee
http://www.nysba.org/CustomTemplates/SecondaryStandard.aspx?id=654

• Vicarious Trauma in Judges: The Personal Challenge of Dispensing Justice
https://courts.state.md.us/sites/default/files/import/fccip/docs/vicarioustraumainjudges.pdf

10:30 a.m.-11:45 a.m.

The Fight for Justice: Attracting The Next Generation of Women Judges And Attorneys – Effective Outreach to Millennials

Millennials are the fastest growing segment of the legal profession and the most misunderstood generation.  The modes and methods of communication, as well as the values, belief systems and behaviors of Baby Boomers and Generation X’ers are different than those of Millennials.  Law firms, companies, membership organizations and other institutions have adjusted outreach, recruitment, training and retention efforts to reach this demographic. This panel will address the results of studies which defy stereotypes of millennials and reveal the implications of such results on the legal profession.  The panelists will also share their views on effective outreach, coaching, training and retention efforts which appeal to this generation to attract them to a career in the law

Written Materials

IF NOT NOW, WHEN? Achieving Equality for Women Attorneys in the Courtroom and in ADR, Report of the New York State Bar Association, Approved by the House of Delegates November 2017

NAWJ has secured rooms at New York Marriott at the Brooklyn Bridge at the rate of $249 per night, plus applicable state and local taxes, single or double occupancy.

For room reservations, click here to reserve online. Or, call 877-303-0104, and state that you are with the National Association of Women Judges (NAWJ).

Problems reserving your hotel room? Please call 877-303-0104.

Hotel Reservations must be made on or before March 23, 2018, to guarantee the NAWJ conference rate.

NAWJ thanks all attendees and participants for sharing our experience of the NAWJ 2018 Midyear Meeting. Please take a moment to share your thoughts, and complete a survey here.

A photo gallery of people and scenes from the Midyear Meeting may viewed here.

EDUCATION CHAIRS

Professor Judith Resnik, Arthur Liman Professor of Law
Yale Law School

Honorable Lisa S. Walsh
Eleventh Circuit Court of Florida, Civil Division
NAWJ Past President

FRIENDS COMMITTEE CHAIRS

Tracee E. Davis, Esq., Partner
Zeichner Ellman & Krause LLP, New York, New York

Rudyard F. Whyte, Esq.
The Cochran Firm, New York, New York

REGISTRATION FEES

LATE REGISTRATION
Prospective attendees who register within 29 days of, or at the conference, will pay the full registration fee plus an additional $50 late fee (already reflected in the prices listed above)

CANCELLATIONS
NAWJ will no longer grant refunds.

HOW TO REGISTER

Register online, or click here to download the registration form, complete and email to Yves Dinte at accounting@nawj.org. 

Mail completed form to:

National Association of Women Judges
1001 Connecticut Avenue, NW, Suite 1138
Washington, D.C. 20036

NEW YORK WOMEN'S BAR ASSOCIATION MEMBERS

Education sessions are free to NYWBA members. Full and partial scholarships based on financial need are available. For info on the guidelines and to apply, contact Lavinia Cousin at lcousin@nawj.org.. All requests are confidential.

NEW YORK UNEMPLOYED AND LOW INCOME ATTORNEYS

New York attorneys who are unemployed, whether from private practice or public service, may request registration fee relief to attend education sessions (where food is not served). Complete this form and email it to lcousin@nawj.org with the session(s) you would like to attend and indicate that you are unemployed. New York attorneys with incomes below $50,000/year, whether employed in private practice or public service, may request a discount on the registration fees listed above between 50%-75%. Complete this form, indicate your yearly income and email it to lcousin@nawj.org.

Sponsor Guest List
All eligible sponsors should submit their list of Midyear Meeting attendees using this form. (The number of attendees varies by sponsorship level.) Please submit your completed form to wanda@wandamann.com.

Download the NAWJ Midyear Sponsor Brochure here.

FRIENDS COMMITTEE CHAIRS

Tracee E. Davis, Esq., Partner
Zeichner Ellman & Krause LLP, New York, New York
Phone: 212-826-5358 • Email: TDavis@zeklaw.com

Rudyard F. Whyte, Esq.
The Cochran Firm, New York, New York
Phone: 212-553-9215 •  Email: rwhyte@cochranfirm.com

Diamond: $30,000
Speaking role at conference; 20 complimentary conference registrations (includes all CLE programming, Thursday and Friday night receptions and Friday Keynote Luncheon); priority seating; recognition from podium; recognition on table at luncheon; full page color ad with prominent positioning in program book; recognition on all printed and electronic marketing materials.

Platinum: $20,000
Speaking role at conference; 15 complimentary conference registrations (includes all CLE programming, Thursday and Friday night receptions and Friday Keynote Luncheon); priority seating; recognition from podium; full page color ad in program book; recognition on all printed and electronic marketing materials.

Gold: $10,000
10 complimentary conference registrations (includes all CLE programming, Thursday and Friday night receptions and Friday Keynote Luncheon); priority seating; recognition on table at luncheon; full page black & white ad in program book; recognition on all printed and electronic marketing materials.

Silver: $5,000
5 complimentary conference registrations (includes all CLE programming, Thursday and Friday night receptions and Friday Keynote Luncheon); priority seating; recognition on table at luncheon; full page black & white ad in program book; recognition on all printed and electronic marketing materials.

Bronze: $2,500
3 complimentary conference registrations (includes all CLE programming, Thursday and Friday night receptions and Friday Keynote Luncheon); recognition on table at luncheon; half-page black & white ad in program book; recognition on all printed and electronic marketing materials.

Friend of NAWJ: $1,000
2 complimentary conference registrations (includes all CLE programming, Thursday and Friday night receptions and quarter-page black & white ad in program book.

NAWJ Supporter (below $1,000)
$250-$999 -- Listing of contribution.

**
FOR MORE INFORMATION ON SPONSORSHIP, PLEASE CONTACT:
Marie E. Komisar, Executive Director
Phone: 202-393-0222    Email: mkomisar@nawj.org