REPORT OF THE EXECUTIVE DIRECTOR

OF THE

AMERICAN BAR ASSOCIATION

Monthly Program and Project Highlights Report

September2009

Table of Contents

PROGRAMS AND PROJECTS

ABA Civics Academy

ABA Journal

ABA Publishing

Administrative Law

Antitrust

Affordable Housing

Air &Space Law

Bar Services

Bioethics and the Law

Business Law

Center for Continuing Legal Education

Center for Professional Responsibility

Center for Racial and Ethnic Diversity

Children and the Law

Client Protection

Communications Law

Criminal Justice

Death Penalty Representation Project

Dispute Resolution

Diversity Commission

Election Law

Entertainment and Sports Law

Environment, Energy and Resources

Environmental Law

Ethics and Professional Responsibility

Family Law

Franchising

General Practice, Solo and Small Firm Practitioners

Government and Public Sector Lawyers

Governmental Affairs

Group & Prepaid Legal Services

Health Law

Homelessness and Poverty

Human Rights Center

Immigration

Impact of the Economic Crisis on the Profession and Legal Needs

Individual Rights and Responsibilities

Intellectual Property Law

Interest on Lawyers’ Trust Accounts (IOLTA)

International Law

Justice Center

Law and National Security

Law Library of Congress

Law Practice Management

Lawyers’ Professional Liability

Legal Aid and Indigent Defendants

Legal Education and Admissions to the Bar

Legal Technology Resource Center

Public Contract Law

Public Education

Public Utility, Communications and Transportation Law

Pro Bono

Professional Discipline

Professionalism

Real Property, Trust and Estate Law

Rule of Law Initiative

Science and Technology Law

Senior Lawyers

Specialization

State and Local Government Law

Substance Abuse

Women in the Profession

Young Lawyers Division

PROGRAMS AND PROJECTS

ABACivicsAcademy

  • Work has begun on the development of President Elect Zack’s CivicsAcademy initiative. The Academy will encompass a three day civics camp over Presidents’ Day weekend, teaching thousands of young adults from high schools throughout the United States.

ABA Journal

  • As part of the Legal Rebels project – profiling over the course of three months 50 of the legal profession’s leading innovators – three Journal staffers and a freelance videographer hit the road for two weeks in September on Rebels Tour ’09. Traveling from Boston to south of Washington, D.C., each day we visited a new Rebel in his or her natural habitat, posting their written profile online along with video interviews of the Rebel. We also covered the tour itself, so readers/viewers could ride along with us. We filed daily video tour diaries recapping the people we had seen, daily musical photo slideshows of life on the road, and even a song of the day visitors to our site could listen to online. When our tour vehicle was in motion, readers could watch live video of us headed to our next appointment, shot by our dashboard webcam. The tour coverage is archived at
  • While on tour, we visited with or spoke to a host of reporters, bloggers and bar associations about the Rebels project. A sampling of their coverage includes:
  • Folio Magazine: ABA Journal Kicks Off Legal Rebels Tour
  • ABA Journal's 'Legal Rebels' Tour (Video)
  • Lawyer 2 Lawyer Podcast: Inside the ABA Journal’s Legal Rebels Project
  • Social Media Law Student: ABA Journal Launches Legal Rebels Project With Social Media
  • Virginia State Bar Following the Legal Rebels on Tour (Video)
  • Washington & LeeLawSchool: Legal Rebels Tour Comes to Lexington
  • Legal Bisnow: ABA Journal Rides Again

ABA Publishing

  • Five new books were published including: The 12 Secrets of Persuasive Argument, Lawyer: A Brief 5,000-Year History of the Second Oldest Profession, Homeland Security, A Life In The Law, and Advising the Qui Tam Whistleblower: From Identifying a Case to Filing Under the False Claims Act, Second Edition.

Administrative Law

  • The Section produced several well-attended educational programs, and published a book related to lobbying.On September 14, the Section cosponsored “The Impact of Lobbying and Ethics Reform, CCPS 30th Anniversary Event” at The Center for American Progress, and on September 17, it presented a webinar entitled “Lobbying the Executive Branch.” Both events were produced to highlight the release of The Lobbying Manual – A Complete Guide to Federal Lobbying Law and Practice, 4th Edition by Section chair William V. Luneburg, Rebecca Gordon of Perkins Coie, and Tom Susman.
  • Homeland Security: Legal and Policy Issuesby Joe D. Whitley and Lynne K. Zusman, was published.To quote the Honorable Tom Ridge, Former Secretary of the U.S. Department of Homeland Security and Former Governor of Pennsylvania, “to be well-informed on homeland security law this book is a must read.”
  • A teleconference aimed at law students and young lawyers, “Launching Careers in Government and Administrative Law Practice,” was presented by Professor Jim O’Reilly and Law Student Lyn Stewart-Hunter on September 24.The program attracted an involved audience from law schools nationwide.Professor O’Reilly is writing a book on the topic.

Antitrust

  • Section chair Ilene Gotts launched a new initiative with the Section Council. This year, she will have periodic briefing papers prepared and circulated on timely topics, followed by telephone discussion of the topic a week or so later.Participation in the discussion is optional, but it is the hope that Council members who participate will find these sessions informative.She plans to focus on topics that some may know well, but that many others may feel less informedabout, and would like to have a more in-depth understanding of the history, status, and issues. She will form a working group on each topic to prepare the briefing papers and lead the Council discussion. The first topic selected for Council discussion on September 16 was consumer protection legislation currently pending before Congress. It was a very interesting and interactive discussion. Council membersprovided the working group with feedback and suggestions on what actions/role the Section might be interested in pursuing on this issue.
  • In September, the Section published five Committee newsletters; held one Committee Town Hall Meeting (open meeting for all members and potential members to hear about the plans for the coming year); and held one teleconference and seven “brown bags” on timely antitrust topics.
  • In an effort to reduce the volume of separate and repetitive e-mails distributed to Section members and others about committee programming, the Section launched the first email edition of a new bi-weekly announcement to all Section members listing all scheduled committee programs. The goal is to make sure all Section members are aware of the programming coming out of the committees, while reducing e-mail traffic by compiling information into one message. The link is
  • The following is Section legislative activity in September. Details on these items can be found on the Section website at
  • Joint Comments of the ABA Section of Antitrust Law, Section of International Law, and Section of Criminal Justice on Public Consultation No.16/2009 of Brazil’s Secretariat of Economic Law.
  • Joint Comments of the ABA Section of Antitrust Law and Section of International Law on the Proposal of the European Commission for a Revised Block Exemption Regulation and Guidelines on Supply and Distribution Agreements.
  • The Section was contacted in late September by U.S. Representative Zoe Lofgrens to conduct a seminar/briefing on the basics of antitrust law and policy for the members of Congress and their staff. The Section coordinated with the Governmental Affairs Office and the Policy Office and submitted an expedited request to the BOG Operations and Communications Committee to cosponsor this event.
  • The Section was also contacted in late September by counsel to the House Judiciary Committee regarding bills introduced simultaneously by Chairman Conyers and Senator Leahy limiting some of the McCarran-Ferguson exemption with respect to health and medical malpractice insurance issuers. The Section was asked to submit written comments on these bills, and also provide oral testimony on October 8. Former Antitrust Section chair, Don Klawiter, provided testimony to the Senate Judiciary Committee on this issue in 2006. Antitrust is coordinating with GAO on this project; and has sought approval from President Lamm to accept this request.

Affordable Housing

  • The Forum’s first solo book project, Building Healthy Communities: A Guide to Community Economic Development, has been the #1 book sold in the ABA Bookstore for the last four weeks. The Forum is working with ABA Book Publishing to reissue its first publication.
  • Registration for the Forum’s fall conference in Newport, RI is significantly lower than expected.

Air &Space Law

  • The Forum’s Executive Committee met with several ABA entities during the Forums Fall Annual Conference: MCLE, Publishing, Media Relations and Membership and Marketing. Several new organizational committees were formed to implement the suggestions made by these entities. The Forum’s new committees will be tasked with branding the Forum on Air and Space Law as the “one-stop shopping” for the aerospace Industry. The focus will be on strengthening the visibility of the Forum and building external relationships and outreach across the industry.

Bar Services

  • Conducted field service visits included:
  • a visit to the Los Angeles County Bar Association in conjunction with the California Bar Leaders Conference in San Diego, co-hosted by the State Bar’s Office of Bar Relations Outreach and the San Diego County Bar Association;
  • a visit to the Orange County Bar Association (FL) and the Florida Bar Foundation in conjunction with the NABE Program Committee meeting in Orlando.
  • Staff made a presentation about ABA services to metro bars at the annual meeting of the Conference of Metropolitan Bar Associations.
  • Planning for the 2010 midyear meeting is well underway, with near-finalization of program topics for the National Association of Bar Executives (NABE), National Conference of Bar Presidents (NCBP) and National Conference of Bar Foundations (NCBF). NABE’s focus on life balance and health will include a presentation by “Younger Next Year” author Chris Crowley. Several workshops will address technology-related issues, member recruitment and non-dues revenue generation. NCBP’s opening plenary will address the state budgeting crisis and its impact on courts and the access to justice. It is also having a joint roundtable discussion with the ABA-YLD affiliate leaders on ‘bridging the generation gap”. A major focus of the NCBF program will be on grant-making, including setting priorities, and measuring and communicating impact. It is also planning a workshop on messaging and social networking.
  • The cover story of the September/October issue of Bar Leaderwas on social media, the topic of discussion throughout the recent annual meeting and on current listserv discussions.

Bioethics and the Law

  • The Committee is completing a report on its Annual Meeting CLE, “Is it in My Family? One Woman's Journey through Genetic Testing.”The report will be posted on the Committee’s website and also circulated to interested parties.

Business Law

  • The Section took a step back in its membership totals as a result of the September membership drop, but continues to trend ahead of last year due in large part to increased young lawyer retention.Law student numbers are rising as student recruitment to the ABA is becoming more advanced through the ABA Days on Campus in which Business Law is an active participant and supporter. The Section will again have a robust student program at the Fall Meeting, coordinated by the Business Law Society at DrexelUniversity, which will again include a mentoring program and tour of the SEC headquarters.
  • Media Relations has developed a micro site based on the Section’s Spring Meeting content from Vancouver to serve as a database for reporters and writers seeking ideas and resources for developing articles on business law topics, especially surrounding issues of the recession and recovery.
  • Working with Information Systems to develop a new leadership portal. Section staff is in the process of populating this page and will be testing it with Section leadership over the next month or so, providing feedback for final deployment.The Section expects full transition to be complete and to have a formal launch in January.
  • Six section members from the Chicago offices of Baker McKenzie and Mayer Brown participated in a recent meeting with a delegation of Chinese lawyers visiting the ABA through the International Liaisons office.The grouphad a very successful discussionof cross border mergers and commercial transactions.
  • The Corporate Laws Fall Committee Meetingwas held in Chicago, September 25-26.Planningis underway for the upcoming Fall Meeting in WashingtonDC, November 20-21. In addition to theFall Meeting,nine additional stand-alone committee meetingswill be held this fall. Planning continues for the Fall 2009 Seminar of the Working Group on Legal Opinions (WGLO).
  • Legal Services is providing a selection of recent Section programs to pro bono projects around the country that are addressing business law issues, especially non-profit representation, bankruptcy, and consumer credit issues.
  • The Committee on Federal Regulation of Securities submitted two comment letters in September under the approved technical comments procedure. The first letter regarding the money market reform proposal was submitted to the SEC.The second letteroffered comments with respect to Regulatory Notice 09-45 - Proposed Consolidated FINRA Rule Governing Sale of Securities in a Fixed Price Offering.

Center for Continuing Legal Education

  • The Center for CLE produced 21 programs, 1 National Institute and 20 teleconference/webcasts.
  • Center staff managed a successful ABA Job Fair held in conjunction with the Hispanic National Bar Association’s Annual Convention.

Center for Professional Responsibility

  • The Center’s Director, Ethics Counsel, and Associate Regulation Counsel met with a delegation of Russian bar leaders as part of the ABA Rule of Law Initiative's program entitled "Legal Ethics and Responsibilities in the United States."
  • Recent Ethics Opinion by ETHICSearch Director Peter Geraghty appeared in the September issue of Your ABA.
  • The ABA/BNA Lawyers’ Manual on Professional Conduct published a report on the Fall 2009 ABA National Legal Malpractice Conference; the second of a two-part Analysis & Perspective on multijurisdictional practice issues; a survey of cases of interest on the docket for the Supreme Court’s October Term; and articles on other topics including the ABA’s recent suit against the FTC over the agency’s application of its new identity theft rules to law firms; a synopsis and analysis of the new ABA Formal Ethics Opinion on the ethical duties of prosecutors to turn over information favorable to criminal defendants; and decisions of the Ohio Supreme Court and New Jersey Supreme Court’s ethics and unauthorized practice committees finding the actions of certain mortgage restructuring businesses to be the unauthorized practice of law.
  • The ABA Rule of Law Initiative (ROLI) arranged for a Russian translation of the ABA Model Rules of Professional Conduct, a Spanish translation of the Model Code of Judicial Conduct and a Russian translation of the ABA Model Rules for Lawyer Disciplinary Enforcement.
  • The September issue of CenterPiece e-newsletter for Center members was distributed.

Center for Racial and Ethnic Diversity

  • The Center for Racial and Ethnic Diversity launched the restructured Joint Exhibit Project, securing participation of 13 Sections/Divisions/Forums.
  • The Commission on Racial and Ethnic Diversity in the Profession held discussions with HNBA members to discuss various ways in which the Commission can increase its participation in ABA leadership, CLE speaking opportunities and other programs.
  • Staff is working with President Elect Zack on the creation of the first blue-ribbon Commission on Hispanic Legal Rights. The Commission will address various issues, including immigration and the 2010 Census. Outreach has begun to national Hispanic leaders, organizations and legislators requesting their assistance in identifying potential commission members and issues.

Children and the Law

  • The Center’s CCTV and Recording Technology Grant Program convened its Eastern Regional Grantee Training, September 21-22, in Crystal City, VA.The training brought in 27 professionals who work with child abuse victims from 13 states.Topics included using technology for victim testimony and recorded forensic interviews, legal issues, evaluating programs, and best practices in interviewing child abuse victims.Showcased programs included a cutting edge MobileChildAdvocacyCenter, and Mobile CCTV units.
  • The Center received notice of a new, five-year, $1.1 million/year grant to continue as the National Child Welfare Resource Center on Legal and Judicial Issues, under which training and technical assistance is provided to judges, lawyers, and child welfare professionals. The Center has served as the NationalResourceCenter since the early 1980s.
  • Advocating for Nonresident Fathers in Child Welfare Court Cases was published under a grant from the U.S. Department of Health and Human Services.
  • The Michigan State Court System released its study Legal Representation for Parents in Child Welfare Proceedings: A Performance-Based Analysis of Michigan Practice.This was an evaluation of indigent parent court-appointed representations, conducted by the ABACenter on Children and the Law.It is being widely disseminated throughout Michigan and is a prototype for similar statewide indigent civil defense studies that can be done throughout the country.
  • The Center received support for a new national study of laws, policies and practices related to state “central registries” of child abuse and neglect reports and case determinations.

Client Protection