Friday Morning, November 16, 2012

09:15 AM
  • CLE 101: New Challenges in the Digital Age: Smart Phones, Social Media, Privacy, and Data Security Capitol E
    To 10:30 AM

    Sponsored by Winston & Strawn LLP
    The use of smart phones and social media has pervaded the workplace in ways both permitted and forbidden.  Attitudes toward the use of these technologies have gone from companies strictly prohibiting usage of company equipment for personal use to encouraging employees to support the company’s products and services via social media while at work.  Also, some companies now allow employees to use their own smart phones or tablets for work-related matters.  To make matters even more complicated, these devices and online activities create serious privacy and data security issues. These new technologies have created an entire new world of issues for companies including: whether a company may properly demand an employee’s personal phone in the event of an internal investigation or a civil discovery request; whether the same holds true for data that is in the Cloud (including information in an employee’s personal e-mail accounts); dealing with employees who are regularly on social media sites such as Twitter, LinkedIn, and Facebook while at work; what do you do if your employee’s social media activity discloses a confidential acquisition, criticizes the CEO, or involves hot-button political issues; and what can be done to protect your company data and the privacy of your customer information; and what rules should companies set and how should they be enforced.

    Program Chair and Moderator
    Robert Yap
    Chief Administrative Officer and General Counsel, Total Call International

    Lee Cheng
    Chief Legal Officer, Senior Vice President, HR & Corporate Secretary, Newegg

    Michael Chu
    Assistant U.S. Attorney, U.S. Attorney’s Office, District of Nevada

    Michael Wu
    General Counsel & Corporate Secretary, Rosetta Stone

    Michael G. Lewis
    Vice President, General Counsel & Secretary, LUKOIL North America LLC

    Bettina Yip
    Associate General Counsel, Del Monte Foods

  • CLE 102: Judge’s Views on Litigating Complex Cases Capitol F
    To 10:30 AM

    This interactive panel with a diverse group of judges from across the country will address what lawyers need and want to know about litigating complex cases. Hear from judges of courts unique to D.C., including the International Trade Commission and the Court of Federal Claims, as well as Asian Pacific American judges of federal district courts familiar with handling such cases. This panel will address the do’s and don’ts of preparing for and trying complex cases, what judges like and dislike, and how to simplify the facts and the law to present a winning case. Come learn about how judges make decisions in difficult and dense cases and gain unique insights from the bench.

    Program Chair
    Esther Lim
    Managing Partner, Finnegan, Henderson, Farabow, Garrett & Dunner LLP

    John C. Yang
    Director, Legal Affairs, ITW (China) Investment Co., Ltd.

    Hon. Susan G. Braden
    Judge, U.S. Court of Federal Claims

    Hon. Theodore R. Essex
    Administrative Law Judge, U.S. International Trade Commission

    Hon. Lucy H. Koh
    Judge, U.S. District Court, Northern District of California

    Hon. Amul R. Thapar
    Judge, U.S. District Court, Eastern District of Kentucky

  • CLE 103: Implicit Bias and How It Impacts Your Career Capitol AB
    To 10:30 AM

    Sponsored by DLA Piper LLP
    The 2011 NAPABA/NLF Diversity Survey indicated that implicit bias may be the major stumbling block for APA lawyers in reaching monumental heights in their careers. This program will explore definitions of implicit bias; how it manifests itself in the careers of APA lawyers; the obstacles it can create; and strategies for addressing this complicated and potentially controversial subject matter within the various realms of practice, including viewpoints from academia, government, in-house, and private practice.

    Program Chair & Panelist
    Chester Te
    Assistant General Counsel, SVB Financial Group

    Peggy Nagae
    Peggy Nagae Consulting

    Kristina Chung
    Partner, Ropers Majeski Kohn Bentley PC

    Stuart Ishimaru
    Director, Office of Minority & Women Inclusion, Consumer Financial Protection Bureau

    Marty Lorenzo
    Partner, DLA Piper LLP

    Joan Williams
    Distinguished Professor of Law, UC Hastings Law School

  • CLE 104: When Immigration and Criminal Law Meet Russell/Hart/Cannon
    To 10:30 AM

    The practice of immigration law often intertwines with other areas of law.  One may not know that a U.S. permanent resident may lose his/her “green card” for criminal arrests and/or convictions.  Although no crime is “good”, one may be surprised at the relatively minor level of criminal convictions that may result in the revocation of a person’s green card or legal status in the U.S.  The Supreme Court’s ruling in Padilla v. Kentucky further puts burdens on criminal defense counsel to properly advise and warn clients of potential consequences of pleading guilty.  This panel promises a lively discussion of how immigration and criminal law go hand in hand, and how even practitioners in other areas of law would be well served to spot these issues early.

    Program Chair and Moderator
    Jared Leung
    Of Counsel, Fennemore Craig, P.C.

    Eve C. Guillergan
    Attorney, Eve Guillergan PLLC

    An Mai Nguyen
    Assistant Chief Counsel, Immigration & Customs Enforcement

    Maria Park
    Senior Assistant District Attorney, Kings County District Attorney’s Office

    Vinoo P. Varghese
    Principal, Varghese & Associates, P.C.


  • CLE 105: Judge Me By My Size, Do You? Strategies (Not Jedi Mind Tricks) for Solo and Small Firms to Land Corporate Clients and Successfully Develop Business Capitol JK
    To 10:30 AM

    Although a corporation’s decision to hire a lawyer may have nothing to do with the size of the firm, solo and small firm lawyers nevertheless face great challenges in convincing the large corporate client to “take a chance” on that lawyer.  This panel will focus on how solo and small firm lawyers can develop successful strategies to secure business from large corporate clients and how to anticipate the difficulties that corporate clients may have in hiring a small firm.  The panel will also focus on firms that represent specialized clients, have niche practices, and use creative strategies to suit their unique qualities.  These firms have the ability to think outside the box, assess trends, and identify strengths and weaknesses, all of which are critical skills in finding the right strategies for business development.  Through this program, the solo practitioner and small firm lawyer can learn how to market his or her strengths to overcome any preconceptions about the lawyer’s ability to handle the client’s matter.

    Program Co-Chair
    Brad Yamauchi
    Partner, Minami Tamaki LLP

    Program Co-Chair and Moderator
    Jay Kim
    Managing Partner, Ward Kim Vaughan & Lerner LLP

    Tanvir Alam
    Senior Counsel, Xerox Corporation

    Kamran Q. Khan
    Assistant General Counsel, Altria Clients Services

    Dale Minami
    Founding Partner, Miname Tamaki LLP

    Hugh H. Mo
    Founding Partner, The Law Firm of Hugh H. Mo, P.C.

  • CLE 106: Is a Political Appointment for You? Capitol H
    To 10:30 AM

    White House Personnel Office: Is a political appointment for you? The Asian Pacific American legal community should be pro-active about identifying a pipeline of talented APA attorneys for the White House Presidential Personnel Office (PPO).  This panel will provide a forum for previous and current appointees to provide more information and describe the nuts and bolts regarding the sometimes confusing and difficult political appointment process.   Post-election is the perfect time for the White House to explain the process for potential appointment positions and collect resumes.

    Program Chair and Moderator
    Laura Shin
    Attorney Advisor, U.S. Department of Homeland Security

    Grace Chung Becker
    Former Assistant Attorney General for Civil Rights, U.S. Department of Justice

    David S. Kim
    Associate Administrator for Policy and Governmental Affairs, Federal Highway Administration, U.S. Department of Transportation

    Benjamin H. Wu
    Vice Chair, U.S.-Asia Institute

  • CLE 107: Increasing Emergence and Significance of Retaliation Litigation in the U.S. Capitol C
    To 10:30 AM

    Sponsored by Ogletree, Deakins, Nash, Smoak & Stewart, P.C.
    In a short amount of time, retaliation claims have become the #1 type of charge filed with the Equal Employment Opportunity Commission (EEOC) and perhaps the #1 liability risk for U.S. employers. Today, virtually every harassment and/or discrimination claim includes an allegation of retaliation. And juries are more than willing to award large dollar awards for these claims-even when they reject the underlying allegation of harassment and/or discrimination.

    This critical panel will examine in detail trends, key court rulings (especially from the U.S. Supreme Court), recent jury verdicts, and practical strategies to implement to minimize exposure. As well, the panel will discuss the recent trend from various perspectives and invite an open forum into the discussion.

    Program Chair and Panelist
    Vince Verde
    Shareholder, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

    Donald Choi
    Associate, Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

    Christian Na
    Deputy General Counsel, CIRCOR International, Inc.

    Kathleen Vagt
    Senior Counsel, Northrop Grumman

    Carolyn L. Wheeler
    Assistant General Counsel, Appellate Services Division, Office of General Counsel, U.S. Equal Employment Opportunity Commission

10:45 AM
  • CLE 201: Climbing the Corporate Ladder: Girlfriends Unite! Capitol E
    To 12:00 PM

    Sponsored by Ballard Spahr LLP
    Advancing in a small or large company or other institution takes special skills, and the road for women continues to be particularly challenging.  Women may have to go the extra mile and navigate unique professional and personal situations.  Many NAPABA women have successfully navigated the shoals and achieved highly successful careers combined with satisfying personal lives, while contributing to society, civil life, and pro bono activities, all seemingly effortlessly.  And all of this while writing haikus, singing opera on weekends, running marathons, designing clothes and teaching piano in the evenings  (please say it’s all true!).  How do they do it?  A cross-section of NAPABA women leaders will discuss the ingredients of successful growth and development.  How should a young APA woman plan for her growth in her company or institution?  What behavior, actions, training, networking, and other activities are necessary beyond developing the nuts-and-bolts of hard-core legal and people skills?  Should you abandon all hope of “work-life” balance?   Not at all, we hope and believe, if this group is illustrative.  Our panel will share the secret sauce.

    Program Chair and Moderator
    Weili Cheng
    Deputy General Counsel & Corporate Secretary, The Ritz-Carlton Hotel Company, L.L.C.

    Preeta D. Bansal
    Global General Counsel , Litigation & Regulatory Affairs, HSBC Holdings

    Marie Oh Huber
    Senior Vice President, General Counsel and Secretary, Agilent Technologies, Inc.

    Sandra Leung
    General Counsel and Corporate Secretary, Bristol-Myers Squibb Company

    Wendy Shiba
    Ret. Executive Vice President, General Counsel and Secretary, KB Home

    Caroline Tsai
    Senior Vice President and Associate General Counsel, Bank of America

  • CLE 202: Appellate Advocacy: Building Skills, Building a Practice Capitol AB
    To 12:00 PM

    Briefing and arguing appeals has become a specialty practice, as clients have come to recognize the unique skills that a skilled appellate lawyer can bring to a case.  APA attorneys have had success and are among the leaders in this field.  But the trend toward appellate specialization is not without its critics, and some have suggested that strictly appellate practices will always be difficult to maintain in the private sector.  What makes a good appellate advocate, and how does that translate into a thriving appellate practice?  In this panel, three appellate lawyers with distinguished service in the government and leadership roles at private law firms tell their career stories, share their secrets for effective appellate advocacy, and discuss the important transition from being a successful practitioner to being a practice leader.

    Program Chair and Moderator
    Elbert Lin
    Partner, Wiley Rein LLP

    James C. Ho
    Partner, Gibson, Dunn & Crutcher LLP

    Neal Katyal
    Partner, Hogan Lovells LLP

    Patricia Ann Millett
    Partner, Akin Gump Strauss Hauer & Feld LLP

  • CLE 203: Understanding the U.S. Patent and Trademark Office Capitol F
    To 12:00 PM

    In this uniquely-D.C. program, hear from top leaders and decision-makers of the United States Patent and Trademark Office (USPTO) on the operations and functions of the USPTO. This panel will feature Chief Judges of the Board of Patent Appeals and Interferences, and Trademark Trial and Appeal Board, providing first-hand access for NAPABA members to hear directly from the highest decision makers of patent and trademark cases at the USPTO. This panel will also address policy-making aspects of the USPTO to provide a fuller insight into this government agency critical to the practice of IP law.

    Program Chair
    Esther H. Lim
    Managing Partner, Finnegan, Henderson, Farabow, Garrett & Dunner LLP

    Ankur D. Shah
    Associate General Counsel, Intellectual Property, Freddie Mac

    Jasemine C. Chambers
    Deputy Administrator, Office of Policy and External Affairs, U.S. Patent and Trademark Office

    Hon. Gerard F. Rogers
    Chief Administrative Trademark Judge, Trademark Trial and Appeal Board, U.S. Patent and Trademark Office

    Hon. James D. Smith
    Chief Administrative Patent Judge, Board of Patent Appeals and Interferences, U.S. Patent and Trademark Office

  • CLE 204: Securities Enforcement: What Lessons Can Be Learned from Recent Enforcement Actions and Investigations? Capitol JK
    To 12:00 PM

    Sponsored by O’Melveny & Myers LLP
    Come hear from the experts who will detail and deconstruct the latest securities enforcement actions dominating the news and provide analysis and lessons to take away! Each year, the U.S. Securities and Exchange Commission (SEC) brings hundreds of civil enforcement actions against individuals and companies for violations of the securities laws. The headlines are often dominated by news arising from enforcement actions involving the SEC, such as insider trading actions involving Raj Rajaratnam and Rajat Gupta, foreign corrupt practices actions involving Siemens and ABB Ltd., and financial fraud actions against JP Morgan and Goldman. In 2011 alone, the SEC filed 735 enforcement actions, a record for the agency. It collected $928 million in penalties, almost four times the amount it collected in 2008. The SEC is the agency that is the primary overseer and regulator of the U.S. securities market and has jurisdiction over 35,000 entities including public companies, broker-dealers, investment advisers, mutual funds, and exchanges. This panel will provide insights into matters that you have read about and lessons to implement within your practice going forward.

    Program Chair and Moderator
    Smeeta Ramarathnam
    Chief of Staff to Commissioner Luis Aguilar, U.S. Securities and Exchange Commission

    Shawn Chen
    Partner, Cleary Gottlieb Steen & Hamilton LLP

    Dennis Kelleher
    President and CEO, Better Markets, Inc.

    Vasu Muthyala
    Counsel, O’Melveny & Myers LLP

    Sanjay Wadhwa
    Deputy Chief, Market Abuse Unit, U.S. Securities and Exchange Commission

  • CLE 205: Immigration Townhall: The Aftermath of the Election & More Capitol C
    To 12:00 PM

    This panel will provide a lively discussion of what may happen in immigration in the next four years.  At the time the program went to print, we did not yet known whether there will be a second term for President Obama or whether Government Romney will be the new President of the United States for the next four years.   We also did not yet know who would control Congress and the state legislatures.  Given these new developments, what changes can we anticipate to see in the next four years in the world of U.S. immigration?  If Romney is president, will he roll back the June 15, 2012, memo granting “Deferred Action” to the “Dreamers”?  If President Obama is re-elected, will he be able to get Congress to pass Comprehensive Immigration Reform?  Will there be a Guest Worker Program?  Will the States mandate E-Verify in light of the Supreme Court ruling on Arizona’s SB1070?  Will E-Verify become mandatory across the nation?   Will the construction of an electric fence begin across our Southern border?  We do not have a crystal ball, but we can make educated guesses based on their campaign speeches and promises.

    Program Chair
    Jared C. Leung
    Of Counsel, Fennemore Craig, P.C.

    Erin E. Oshiro
    Senior Staff Attorney, Asian American Justice Center

    Gregory Z. Chen
    Director of Advocacy, American Immigration Lawyers Association

    Angela Maria Kelley
    Vice President, Immigration Policy & Advocacy, Center for American Progress

    Joanne Lin
    Legislative Counsel, ACLU Washington Legislative Office

    Karen Narasaki
    Former President and Executive Director, Asian American Justice Center

    Ali Noorani
    Executive Director, National Immigration Forum

    Kerri Sherlock Talbot
    Chief Counsel, Office of U.S. Senator Robert Menedez

  • CLE 206: 70th Anniversary of the Japanese American/Canadian Internment – Redress, Remember, Relate Capitol H
    To 12:00 PM

    In 2012, the 70th anniversary of Japanese American/Canadian internment, Gordon Hirabayashi, a trailblazer in both Japanese American/Canadian history was awarded the Presidential Medal Of Freedom, the United States’ highest civilian honor. This panel will provide a historical overview of the U.S. and Canadian governments’ legislation  and actions in the Japanese American and Japanese Canadian internment at the outset of World War II.  Experts directly involved in the subsequent legal movements in both the U.S. and Canada  to rectify the internment injustices and achieve redress for the Japanese Americans/Canadians will share their motivations, and detail the trials and tribulations of their struggles from both a legal and cultural perspective.  The panel will include a judge and award-winning author of the book “Bittersweet Passage: Redress and the Japanese-Canadian Experience “and an attorney and producer of the film “Hatsumi: One Grandmother’s Journey through the Japanese Canadian Internment.”

    Program Chair and Moderator
    Jeffrey Hsi
    Partner, Edwards Wildman Palmer LLP

    Chris Hope
    Associate, Cassels Brock & Blackwell LLP

    Rodney L. Kawakami
    Partner, Law Offices of Rodney L. Kawakami

    Dale Minami
    Founding Partner, Minami Tamaki LLP

    Hon. Maryka Omatsu
    Judge, Ontario Court of Justice

  • CLE 207: iBully: Throwing Sticks & Stones Through Cyberspace Russell/Hart/Cannon
    To 12:00 PM

    Cyber-bullying is defined as the use of information and communications technologies, such as text messaging, tweeting, and social media platforms, to harm or intend to harm another person by seeking to intimidate, control, manipulate, put down, falsely discredit, or humiliate the victim. This panel will discuss the scope and limitations of anti-bullying laws as well as the application of existing anti-bullying legislation to cyber-bullying cases, such as the recent trial of Dharum Ravi in New Jersey, where a South Asian American college student was convicted of invasion of privacy, bias intimidation, witness tampering, and hindering prosecution for secretly broadcasting, via the internet, his freshman roommate’s intimate date with another man in their dorm room at Rutgers University.  The roommate, Tyler Clementi, committed suicide three days after the incident.

    Program Co-Chair
    Asian Pacific American Lawyers Association of New Jersey

    Program Co-Chair and Moderator
    Alexander M. Lee
    Principal, Law Offices of Alexander M. Lee

    Edward S. Cheng
    Parnter, Scherin & Lodge, LLP

    Vivian Hsu
    Principal, Hsu & Associates LLC

    Wesley L. Hsu
    Assistant U.S. Attorney, Section Chief, Cyber & Intellectual Property Crimes Section, U.S. Attorney’s Office, Central District of California

    Julia L. McClure
    First Assistant Prosecutor, Middlesex County (NJ) Prosecutor’s Office

    Luanne L. Peterpaul, Esq.
    Vice Chair, Garden State Equality

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