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Mental Health, Competency and Addiction Issues in Older Attorneys: Understanding the Signs and Symptoms and How to Provide Treatment and Support

Program Number: 2547 Presenter: Joan Bibelhausen, JD

Aging does not equal incompetence. People process information differently as they age based on life experiences and other factors and that can be a true asset. But sometimes there are problems. There’s a difference between “senior moments” and cognitive impairment. There’s a difference in the way we process alcohol and other drugs as we age, and there is the added dimension of the likelihood of interaction with other medications. Dementia, depression and grief have some similar characteristics and even when the signs are there, these can be misdiagnosed, minimizing or causing a delay in recognition and treatment. And older adults are at greater risk for suicide. Cognitive impairment, alcohol and other substance issues and depression can be debilitating to the older adult and can result in harm to clients, disciplinary issues and malpractice exposure if they are not recognized and addressed. Law firms and other legal employers may

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Closing Arguments at Trial—Making the Jury Want to Find for Your Client

Program Number: 2544 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. - Partner, Jones Day

Jurors tend to find for the side of a case that has the most compelling story. In this session of our ongoing popular trial skills series of programs, Jones Day partners Tom Jackson and Mike Ginsberg explore the means to ensure that the jury finds your side of the case to be the most compelling and as a result wants to see your side prevail. This program is geared to the intermediate to advanced level practitioner.

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Protecting Against Ethical Exposures and Civil/Criminal Liability When Advising Clients on Protecting their Assets: What Estate Planning Attorneys Should Know

Program Number: 2541 Presenter: Edward D. Brown, Esq.

Asset protection and estate planning attorneys must identify how to avoid liability that could arise in connection with the participation in transactions that result in improved asset protection for clients. The field of asset protection is especially filled with traps for the unwary. Join Edward D. Brown for this in-depth analysis of potential ethical, civil and criminal liability issues in the asset protection and estate planning contexts. Specific areas of focus to be discussed include: (a) when is asset protection planning ethical and when does it cross the line into the unethical; (b) properly screening the client; (c) how to identify a fraudulent transfer; (d) when can the attorney be targeted as a co-conspirator with a client engaging in fraudulent transfers; (e) can the attorney be liable for not advising the client as to the full range of asset protection strategies; and (f) who is the client. Specific attention will

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Current Trends: Are Today's Laws Eroding or Enhancing Asset Protection Estate Planning Opportunities?

Program Number: 2540 Presenter: Edward D. Brown, Esq.

With the increasing popularity of asset protection/integrated estate planning, recent legislation and court decisions have focused on what planning strategies are effective in today’s legal environment. In this program, Edward D. Brown explores these current developments. Topics include: (1) states enhancing the available protection of assets; (2) case law applying “public policy” arguments to trump protection designs; (3) courts of equity ruling to grant financial remedies to creditors where legal remedies are insufficient to reach the desired result by the court; (4) broad based rulings that suggest having “asset protection” as a goal creates a “per se” fraudulent transfer; (5) rising interest by clients in choosing offshore laws for better protection of children’s future inheritances in fear that the US legal system is trending toward the erosion of “established” protection-related legal concepts; (6) the application of alter ego, nominee, sham, and other theories to justify piercing asset protection trusts; and (7) whether the perception

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Ethical Considerations in E-Discovery for Corporate Attorneys and Litigators-2015

Program Number: 2539 Presenter: Irene Savanis Fiorentinos, Esq., Joshua Fuchs, Esq.

Join Irene Fiorentinos and Josh Fuchs of Jones Day as they address how to implement ethical and competent solutions for the scope and cost challenges surrounding electronic document retention, preservation and production. The program suggests approaches for establishing reasonable steps in preservation under the anticipated amendment of Federal Rule of Civil Procedure 37(e) while incorporating proportionality principles; provides an update on competent selection and use of computer analytics technology by litigators; and further discusses ABA Model Rules of Professional Conduct 1.1, 3.2 and 3.4 and ethical opinions interpreting these rules, as well as case law relating to Federal Rules of Civil Procedure 1, 16, 26 and 37.

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Data Breach Investigations: Ethical Considerations for In-House Counsel when Publicly Reporting a Security Incident

Program Number: 2512 Presenter: Jena M. Valdetero, Esq, David A. Zetoony, Esq.

David Zetoony and Jena M. Valdetero discuss ethical issues that typically arise when an organization considers whether to report a security incident and what information about the incident should be publicly conveyed. Topics include questions of confidentiality and conflict in the context of managing public relations/communications consultants, determining whether to report an incident, and communicating with law enforcement. Specific ethical rules, cases, opinions to be discussed include: ABA Model Rules (e.g., Confidentiality of Information (1.6), Conflict of Interest (1.7), Organization as client (1.13), Duties to prospective client (1.18), Advisor (2.1), Lawyer as witness (3.7), Truthfulness in statements to others (4.1)); Upjohn; and various state bar ethics opinions.

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