On-Demand Learning

Transcripts

Recorded on: Aug. 27, 2013

JANET SIEGEL: And now it's my pleasure to introduce to you the chair of this afternoon's program, David Lewis. David Lewis is a partner in the firm of Hinshaw & Culbertson, and he's also the chair of the New York City Bar Association's professional responsibility committee. Mr. Lewis advises individual lawyers and law firms on all aspects of professional ethics and risk management. He serves as go-to outside ethics counsel for a diverse range ...

Recorded on: Aug. 22, 2013

JANET SIEGEL: And now it's my pleasure to introduce to you our program chair for this morning's program. Evan Stewart is a partner at Zuckerman Spaeder, here in New York City. Mr. Stewart was featured by the New York Law Journal in the top trials of 2005, and more recently, Mr. Stewart prevailed against the Securities and Exchange Commission after three-week bench trial in Federal Court in May of 2013. He has substantial experience in the financial ...

Recorded on: Aug. 16, 2013

MEREDITH DESAUTELS: And to kick off our first panel, what I'm going to do is speak briefly about why my organization, a civil rights and social justice organization, has decided to focus on criminal justice and reentry issues. But before I do that, I'd like to go ahead and briefly introduce our panelists. So you have their full bios in your materials, but I do want to say a few words about each of the great folks that you're going to be hearing from ...

Recorded on: Aug. 16, 2013

MEREDITH DESAUTELS: OK, we are going to keep moving quickly. Thanks so much for sticking with us. We've got an exciting second session here that we're going to jump into, and before we do, I'd like to introduce our presenter, Eliza Hersh. Eliza is the director of the Clean Slate Practice at the East Bay Community Law Center, the East Bay's largest provider of free legal services and a teaching clinic of Berkeley Law School. The Clean Slate Practice ...

Recorded on: Aug. 16, 2013

MEREDITH DESAUTELS: Great. Thank you. And thank you all. Welcome back. We are going to move into our third and final session where we're going to be looking more in depth into special topics related to employment screening. Most of the clients that we see through the Second Chance Legal Clinic are motivated to come see us because they're having employment issues. And I'll introduce our two panelists, who are going to discuss, first, background check ...

Recorded on: Aug. 15, 2013

PARISA KARAAHMET: OK, so we're ready to go right into our next panel. This is the last panel before lunch. But I promise you an interesting panel-- one that we haven't had in this program before. I'm delighted to say that since the time that I spoke to our two panelists and they agreed to do this, a lot has changed. And I'm very curious to hear their thoughts and comments on those changes and how they've impacted eligibility for LGBT respondents in ...

Recorded on: Aug. 15, 2013

PARISA KARAAHMET: Hi, everyone. So we have just two panels left. This next panel should be very interesting, especially since it's going to be carried by Mr. DiRaimondo on his own. Unfortunately, Tom wasn't able to make it today, but I have full confidence in Michael. And I'm sure we're going to hear some very interesting and fascinating things about post-conviction relief for your client. So just briefly, as I have done in other panels, I'm going ...

Recorded on: Aug. 15, 2013

PARISA KARAAHMET: Hi, everyone. It's exactly 1:45. And I know not everyone is back, but we're going to get started. We only have an hour for this panel. And it's very substantive. And you will learn a lot. And I want to make sure that we are able to get moving as soon as possible. So I will make the introductions very brief, and going in order of who we have up here, although not necessarily in speaking order. I wanted to introduce Julie Dinnerstein. ...

Recorded on: Aug. 15, 2013

PARISA KARAAHMET: OK. Hi, everyone. We're back. It's 5 o'clock. This is our last panel. It promises to be short and sweet, but very informative, I think, in terms of what we can expect looking forward maybe the next 12 months until we next meet again. I'm going to just briefly introduce our two speakers. We've got Camille Mackler here. She's the director of training and technical assistance at the New York Immigration Coalition. Prior to joining ...

Recorded on: Aug. 14, 2013

AMY: It's my pleasure to turn this briefing over to Larry Kagney. Larry, are you there? LAWRENCE K. CAGNEY: Yes, I am, Amy. Sorry. We have a lot to discuss. We have two senior executives here from the PBGC who are going to enlighten us on developments in the PBGC's early warning program, and how they're dealing with a number of issues, particularly leveraged buyout transactions. In the materials, you likely have seen that there is a pension investment ...

Recorded on: Aug. 9, 2013

L. KEVIN SHERIDAN: Hi. Good afternoon. We're going to get started with the second session. We're just wrapping up one question for Jeff. Jeff, thanks. That was a really great review of litigation principles, interpretation principles, and I always learn something when I spend time with you. So thank you for that. And Jeff is so popular at these events we insisted that he stay for the second segment. Again, this is like having the Special Forces guy ...

Recorded on: Aug. 9, 2013

JANET SIEGEL: With that said, it's now my pleasure to introduce to you the chair of this afternoon's program. Kevin Sheridan is a partner and co-chair of the corporate practice group at Bingham McCutchen. He has broad transactional practice that currently focuses on mergers and acquisitions work for corporate clients, strategic transaction work for institutional investors and investment managers in the alternative asset management sector, and the ...

Recorded on: Aug. 8, 2013

SPEAKER 1: If I could have the panel for the next topic to come up, Don, and your group. ROBERT S. ARNS: How you doing, Arturo? I'm Bob. SPEAKER 1: Very good, sir. You're at the end. Yes. The whole hour. ROBERT S. ARNS: Guys, we're going to stay here, so I'm going to be doing the slides. SPEAKER 1: Why don't we put the PowerPoint up there, and then just leave it up there, and then they'll control it. WILMA J. GRAY: Good morning. SPEAKER 1: Good ...

Recorded on: Aug. 8, 2013

ANDREW ORINGER: OK, we're going to move on now to a panel and a topic that I really like. I think it is an area that is not avoided but missed by too many non litigation ERISA counselors and practitioners. And that is the area of ERISA litigation. I've always taken a real interest in the cases. I just like them, I like the area, I like reading what judges have to say, I like listening to litigators talk about the cases. It's a very different perspective. ...

Recorded on: Aug. 8, 2013

ARTURO REQUENEZ: OK. Thank you everybody. If we could get seated we're going to start again with our next panel. This next panel is a wonderful panel of lots of years of experience on jury selection, which is, obviously, a critical topic, especially if you're in state court, but even in federal court. Although in federal court, more and more, judges are reducing the amount of time that you get the ask jurors questions in federal court. I'm going ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK, so we're now going to go into the last hour, which is going to have two presentations. The first, as I mentioned a moment ago, is I think just a really, hopefully interesting presentation for you all, which is we've talked a little bit about the evolving role of the ERISA lawyer. Which from my perspective is really the big firm evolving role. We talked about how there are other roles. We talked about how there are other kinds ...

Recorded on: Aug. 8, 2013

CYNTHIA MCGUINN: I like this. This is wake up coffee. ARTURO J. GONZALEZ: I thank you all for coming back, promptly. We do need to start on time to remain on schedule. The next panel is one of my favorite topics, opening statements and closing arguments. The one thing I will say to you is that, if you're ever talking about this topic, please remember to say, opening statement. Do not ever say, opening argument. Because the minute you say, opening ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK, so welcome back, everybody, to the second day. Yesterday, I think that we tried to give you an understanding of a lot of the basic principles that relate to what we do here in the benefits world, the ERISA world. Today, we're going to try to really deal with issues around the edges. We're going to delve into certain aspects. We're going to delve into mergers and acquisitions. We're going to delve into, really, a slightly different ...

Recorded on: Aug. 8, 2013

ANDREW L. GAINES: All right. We're going to get started in the next segment of the program. I just want to emphasize that a lot of the material that was presented in the first segment of the program is just that. It's an overview. And they'll be many detailed discussions regarding all the things that were presented in that segment throughout the course of the next two days. In particular, Rob was talking about some pretty esoteric stuff in the defined ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK, so welcome back. As I said before the break, we're going to head into some procedural matters to take us through the end of the day. You've had a lot of information thus far, and hopefully you're absorbing that. Our next speaker is my dear friend and former colleague, Ken Raskin. We were together at White & Case, and he is now at King & Spalding. We've actually both moved on. He is the partner and chair of the employee ...

Recorded on: Aug. 8, 2013

ANDREW ORINGER: So we're going to pick up now with another area that is not necessarily technically ERISA, but clearly has become an area that ERISA lawyers focus on extensively. And we talked a little bit at the very beginning of the first session how the practice has moved away from technical code qualification into things like executive compensation and investment management while still worrying about the technical rules. ERISA does apply to various ...

Recorded on: Aug. 8, 2013

ANDREW ORINGER: We're going to move on to a discussion or mergers and acquisitions. This is an area that I think, as we've mentioned, has really evolved in terms of the ERISA practice. I told the anecdote, which I'll tell in abbreviated form now, where I was told by a corporate colleague of mine that he would know when I was successful on an M&A transaction when he didn't know that I was on the M&A transaction. And what he meant by that was ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK. Welcome back-- to some of you. As we sort of wind down here, this is a panel-- sort of a multifaceted panel. The different parts of this panel don't really integrate tightly. To me, this is really interesting and I think very valuable because these are sort of the other things, or the sub-specialties that ERISA lawyers deal with. And I think it's really important to try to, almost as a survey matter, to go through them and ...

Recorded on: Aug. 8, 2013

ARTURO J GONZALEZ: Good question-- the question that we got is, if plaintiff's counsel calls a defense witness first, can the defense counsel call the same witness in the defendant's case? It's a very good question. And the answer is probably yes, usually yes. But I want to explain to you why it's not just that simple. There's a tactical issue, and there's a practical one. The practical issue is, if the plaintiff is calling a witness that you as ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK, Thank you. Welcome back. Hope everyone had a nice lunch. We're going to pick up now with 401(k) plans. I think this is an extremely important presentation as we sort of talked about earlier. I think that American retirement policy has really gone from the traditional classic defined benefit plan to now focusing on, oddly enough, the employee funded 401(k) plan with no guarantee. And that is the center. And that all worked really ...