FBA Brochure

2019 FBA ANNUAL MEETING & CONVENTION

SEPTEMBER 5-7 • HILTON TAMPA DOWNTOWN WWW.FEDBAR.ORG/FBACON19

Earn Up To 6 CLE Credits!

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#FBAcon19 1

THANK YOU TO OUR SPONSORS EVENT PARTNER

LUNCHEON SPONSOR

RECEPTION SPONSORS

WELCOME SPONSORS Anthem Reporting • Freeborn & Peters LLP • Gunster • Johnson Jackson LLC

BREAKFAST & BREAK SPONSORS Akerman LLP • Anthony & Partners • Bradley Arant Boult Cummings LLP • Buchanan Ingersoll & Rooney PC • Burr and Forman, LLP • Gunn Law Group, P.A. • Johnson, Cassidy, Newlon & DeCort, P.A. • Kynes, Markman & Felman, P.A. • Malloy & Malloy PL • Ogden & Sullivan, P.A. • Phelps Dunbar LLP • Riesdorph Reporting Group, Inc. • Shook, Hardy & Bacon LLP • Shutts & Bowen, LLP • Tampa Legal Document Services • The Law Offices of Kevin J. Napper, P.A. • The Suarez Law Firm • Trenam Law • Zuckerman Spaeder LLP

FRIEND OF THE CONFERENCE 2

Mills Paskert Divers

WELCOME TO TAMPA The hip, urban heart of Florida’s west coast beats in Tampa Bay. From the dramatic design of the Sunshine Skyway Bridge to the brilliant and magnificent sunsets that bathe the sky in color, this community is topical, tropical and always alluring.

Florida’s most creative chefs make this destination a foodie delight, and as the state’s hub for craft brewing there’s always a new pint to try. Sparkling waterways and miles of coastline provide scenic waterfront dining along with look-out spots for dolphins, manatees and other aquatic wildlife. Architectural highlights, like the graceful glass dome of The Florida Aquarium and the dramatic onion-shaped silver minarets atop the historic University of Tampa, add visual vibrancy to the local landscape. Tampa Bay has all of the attributes that make Florida one of the world’s favorite destinations.

Three of the country’s 10 best beaches are here. So are major parks and attractions – from wild to mild. Take on Tigris at Busch Gardens Tampa Bay and challenge Florida’s tallest launch coaster or come face-to-face with manatees at ZooTampa. Olympic athletes, professional athletes and tennis pros can attest to the quality of our courts, fields, playing surfaces and pools. Dramatic cultural offerings from opera to orchestras bring patrons to their feet in applause. Tampa Bay’s kitchen magicians create amazing tastes with fresh seafood and locally grown produce.

At tee time, dozens of pristine golf course await. Looking for ways to play in, on, or around the water? From floating along a quiet river to riding the waves, this is the pace to splashdown. Tampa Bay as a community boasts a true passion for embracing diversity, preserving history, cultivating the arts, supporting sports and celebrating throughout the year with a trove of festivals, special events and holiday observances.

Consistently ranked as one of America’s most-loved airports, and boasting 70 new shops, restaurants, and spas, Tampa International Airport offers a true taste of the Tampa Bay region. Located in the heart of Tampa Bay, TPA is only 15 minutes from downtown Tampa and 30 minutes from the region’s award- winning beaches.

TPA offers over 90 nonstop flights and 260 daily departures to destinations throughout North America, Europe, Central America, and the Caribbean. It is now easier than ever before to travel to and from the Tampa Bay region.

We look forward to seeing you in September!

2019 Tampa Bay Chapter Planning Committee Mike Matthews, President, Tampa Bay Chapter; Partner, Foley & Lardner LLP

Kevin Johnson, Shareholder, Johnson Jackson Peter King, Shareholder, Wiand Guerra King

Erin Jackson, Chair, Tampa Bay Chapter Planning Committee; Shareholder, Johnson Jackson Brandon Breslow, Kynes, Markman & Felman, P.A. Gus Centrone, Centrone & Shrader, PLLC Hon. Virginia Covington, District Judge, Middle District of Florida

Jordan Maglich, Associate, Quarles & Brady LLP Ryan McGee, Attorney, Morgan & Morgan, P.A. Lauren Pilkington-Rich, Assistant General Counsel, Raymond James Jacqueline A. Simms-Petredis, Partner, Burr Forman

James (Jim) Felman, Kynes, Markman & Felman, P.A. Jason Stearns, Partner, Freeborn Alec Hall, Assistant Federal Public Defender, Middle District of Florida

Ashley Tinsley, Associate, Johnson Jackson

Matthew F. Hall, Associate, Hill Ward Henderson

Katherine Yanes, Partner, Kynes, Markman & Felman, P.A.

Bryan D. Hull, Shareholder, Bush Ross

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SCHEDULE AT A GLANCE THURSDAY, SEPTEMBER 5 7:30 a.m.–5:00 p.m.

8:00 a.m.–5:00 p.m.

8:30 a.m.–9:00 a.m.

9:00 a.m.–10:00 a.m.

10:15 a.m.–12:30 p.m.

12:45 p.m.–2:00 p.m.

2:15 p.m.–4:30 p.m.

5:00 p.m.–6:00 p.m.

6:00 p.m.–8:00 p.m.

Registration Open FBA Board of Directors Meeting Welcome Remarks Jane Castor, Mayor, City of Tampa General Session Shon Hopwood, Associate Professor of Law, Georgetown University Law; Co-Author, Law Man: Memoir of a Jailhouse Lawyer CLE Sessions 1 & 2 Younger Federal Lawyers Awards Luncheon CLE Sessions 3 & 4 Bar Leadership Forum Welcome Reception: Cocktails with a View Hosted by Holland & Knight LLP

FRIDAY, SEPTEMBER 6 7:30 a.m.–5:00 p.m.

8:30 a.m.–9:00 a.m.

9:00 a.m.–10:00 a.m.

8:30 a.m.–12:30 p.m.

10:00 a.m.–10:15 a.m.

10:15 a.m.–12:30 p.m.

11:00 a.m.–12:00 p.m.

12:45 p.m.–2:00 p.m.

2:15 p.m.–5:00 p.m.

2:15 p.m.–4:30 p.m.

3:30 p.m.–5:00 p.m.

6:30 p.m.–10:00 p.m.

Registration Open Welcome Remarks General Session Gilbert King, Pulitzer Prize-Winning Author Foundation of the FBA Board of Directors Meeting Swearing In Ceremony for the 11th Circuit CLE Sessions 5 & 6 Government Relations Committee Meeting Public Service Luncheon Business Meetings FBBC Board of Directors Meeting Networking Reception Sponsored by the FBA Federal Litigation Section Convention Reception at The Florida Aquarium Hosted by the FBA Tampa Bay Chapter

SATURDAY, SEPTEMBER 7 7:30 a.m.–8:30 a.m.

8:00 a.m.–2:00 p.m.

9:30 a.m.–12:30 p.m.

12:45 p.m.–2:00 p.m.

2:15 p.m.–4:15 p.m.

6:00 p.m.–7:00 p.m.

7:00 p.m.–9:00 p.m.

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Health & Wellness Events Registration Open National Council Meeting Awards Luncheon Sponsored by Hill Ward Henderson Business Meetings Leadership Reception Presidential Installation Banquet

Hotel Info

Hilton Tampa Downtown (211 N Tampa Street, Tampa FL 33602) $159/night - Single/Double $169/night - Triple $189/night - Quad 1-813-204-3000 Reservations must be made by 5:00 p.m. ET on August 20, 2019. To reserve over the phone, reference the group name “FBA 2019 Annual Meeting & Convention.”

Sponsorship Opportunities Available!

Join our distinguished list of sponsors who help make both long-standing and new FBA conferences and seminars possible.

Contact Elizabeth Johnson (ejohnson@fedbar.org) to secure your sponsorship today!

Non-Stop Airport Transportation

Blue One Transportation, the preferred shuttle service for the Hilton Tampa Downtown Hotel, offers non-stop transportation to and from the Tampa International Airport. No reservations are needed.

Group: Federal Bar Association Convention 2019 Pricing is $15.00 per person, each way. Call (813) 333-3598 from baggage claim once you have collected all your luggage.

FEATURED SPEAKERS THURSDAY WELCOME REMARKS

Jane Castor is the 59th Mayor of the City of Tampa. She served 31 years with the Tampa Police Department, working her way from a beat cop to the first female Chief of Police. Castor helped reduce major crime by 70% citywide. She ensured public safety during the 2012 Republican National Convention and the first Bollywood Awards in America. She also oversaw the security plan for Super Bowl XLIII and led the Department of Homeland Security’s Tampa Bay Urban Area Security Initiative.

Community outreach has always been a cornerstone of Castor’s career. As a cop, Jane knew the families, business owners, and community leaders in her neighborhood and, as Chief, she expected every officer to do the same. Under her watch, everyone was to be treated with dignity and respect.

She also implemented several programs to help at-risk youths. Under Jane’s leadership, the police department built a RICH House in the city to provide a safe haven for hundreds of economically disadvantaged kids. She also raised $4 million to build a recreation center. The Police Athletic League now offers after school/summer programs for 500+ at-risk youths.

On a national and local level, Castor is recognized for her leadership in law enforcement and community involvement. She has received multiple awards including the 2015 USF President’s Distinguished Citizen Award, 2014 Tampa Chamber of Commerce’s Woman of Influence Award, and more. Jane is a proud born and raised Tampanian. She resides in Seminole Heights where she raised her two sons, Sergei and Seely.

THURSDAY GENERAL SESSION Shon Hopwood is an Associate Professor of Law at Georgetown University Law Center.

Shon’s unusual legal journey began not at law school, but federal prison, where he learned to write briefs for other prisoners. Two petitions for certiorari he prepared were later granted review by the United States Supreme Court, and he won cases for other prisoners in federal courts across the country. Shon’s story has been featured in the New York Times, Washington Post, NPR, and on 60 Minutes.

Shon received a J.D. from the University of Washington School of Law. He clerked for Judge Janice Rogers Brown at the United States Court of Appeals for the District of Columbia Circuit. He then served as a Teaching Fellow at the Georgetown Law’s Appellate Litigation Program, where he litigated appeals in various federal circuit courts. He works on a number of criminal justice reform issues, including the First Step Act. He co-wrote a memoir entitled Law Man: Memoir of a Jailhouse Lawyer, and his scholarship on courts and the criminal justice system has been published in several major law reviews.

FRIDAY GENERAL SESSION Gilbert King is the author of Beneath a Ruthless Sun: A True Story of Violence, Race, and Justice Lost and Found, published by Riverhead Books in April, 2018. His previous book, Devil in the Grove: Thurgood Marshall, the Groveland Boys, and the Dawn of a New America, was awarded the 2013 Pulitzer Prize for General Nonfiction. The book was also runner-up for the Dayton Literary Peace Prize for Nonfiction, and a finalist for both the Chautauqua Prize and the Edgar Award for Best Fact Crime. King has written about race and criminal justice for the New York Times, the Washington Post, and The Atlantic. He is also a contributor to The Marshall Project, and the author of The Execution of Willie Francis: Race, Murder, and the Search for Justice in the American South, published in 2008. King has been named a 2019-2020 Cullman Center Fellow by The New York Public Library’s Dorothy and Lewis B. Cullman Center for Scholars and Writers. He lives in Brooklyn, N.Y.

CLE SESSIONS • THURSDAY, SEPT. 13 THURSDAY, SEPTEMBER 5 8:00 A.M. - 5:00 P.M.

10:15 - 11:15 A.M. CONT.

FBA BOARD OF DIRECTORS MEETING

SESSION 1B: BANKRUPTCY-PROOF YOUR CASE: BANKRUPTCY BASICS FOR FEDERAL COURT LITIGATORS

8:30 - 9:00 A.M.

Speakers: Hon. Roberta A. Colton, Bankruptcy Judge, U.S. Bankruptcy Court Middle District of Florida, Hon. Caryl E. Delano, Bankruptcy Judge, U.S. Bankruptcy Court Middle District of Florida, Hon. Catherine Peek McEwen, Bankruptcy Judge, U.S. Bankruptcy Court Middle District of Florida, Hon. Michael G. Williamson, Chief Bankruptcy Judge, U.S. Bankruptcy Court Middle District of Florida

WELCOME REMARKS Jane Castor, Mayor, City of Tampa

9:00 - 10:00 A.M. GENERAL SESSION Shon Hopwood, Associate Professor of Law at Georgetown University and author of Law Man: A Memoir of a Jailhouse Lawyer

10:15 - 11:15 A.M. SESSION 1A: ESTABLISHING, MAINTAINING, AND NAVIGATING THE IN-HOUSE AND OUTSIDE COUNSEL RELATIONSHIP Speakers: David Andrew Greene, Partner, Fox Rothschild LLP (moderator), Nicole Deese Newlon, Partner, Johnson, Cassidy, Newlon, & DeCort, P.A. (moderator), Amy Chai, Assistant Vice President, Legal Advocacy, National Association of Home Builders, Marcos Hasbun, Partner, Zuckerman Spaeder LLP, Debbie Satyal, Director, Assistant General Counsel, Office Depot, Inc. One of the most significant, yet often misunderstood, relationships in the legal profession is that between outside and in-house counsel. In-house counsel serve as attorneys at corporations, nonprofits and governmental entities. Inhouse counsel are the gateway between their clients and outside counsel retained to assist in the representation of these organizational clients. A productive partnership is essential to successful representation. Panelists will address strategies for maintaining a communicative relationship, billing arrangements, and best management practices. Attendees from all backgrounds will benefit from this discussion, as this symbiotic relationship is a critical component of many attorneys’ practices.

ALL EVENTS TAKE PLACE AT THE HILTON TAMPA DOWNTOWN UNLESS OTHERWISE NOTED. PANELIST AND SESSION TIMES ARE SUBJECT TO CHANGE.

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For most non-bankruptcy practitioners, the implications of a bankruptcy being filed are not thought about in the beginning of a transaction, settlement, or judgment but rather only after their client is faced with a bankruptcy filing and the effects of the discharge on their particular debt. This esteemed panel of bankruptcy judges will share their decades of experience as creditor’s rights or debtor’s counsel, as well as their time on the bench to share tips and tricks to “surviving” bankruptcy.

This program is targeted to non-bankruptcy and bankruptcy practitioners alike to educate them on how to best advise their clients outside of bankruptcy to ensure that if a bankruptcy is filed their client’s rights are protected and will “survive.”

SESSION 1C: MARIJUANA LEGALIZATION: WORKPLACE WOES OVER WEED AND BEYOND Speakers: James R. Hammerschmidt, Principal, Paley Rothman Goldstein Rosenberg & Cooper, Chtd. (moderator), D. Jack Blum, Attorney, Polsinelli, David A. Lopez, Deputy Solicitor General, State of Nebraska, Whitney Sedwick Meister, Corporate Counsel, Best Western Hotels & Resorts The attitude toward the use of marijuana for recreational and medicinal purposes is changing rapidly across the country.

Federal law, however, specifically the Controlled Substances Act, continues to classify marijuana as a Schedule I controlled substance. The hash of laws is not only complicated for prosecutors, state officials, law enforcement officers, and individuals, but it also creates a host of questions and issues, some without any clear answer, for employers. This program will explore the legal landscape surrounding marijuana laws in the United States, including a discussion led by the Deputy Solicitor General of the State of Nebraska regarding the novel constitutional law case filed by the States of Nebraska and Oklahoma against Colorado in the United States Supreme Court under the Supremacy Clause. The program will also explore the many challenges employers and their legal counsel can expect to face situations regarding medical versus recreational use laws, background checks, disciplinary policies, impairment and drug use policies, at-work vs. personal time activities, disability accommodations, and even discrimination against marijuana users.

THURSDAY, SEPTEMBER 5 11:30 A.M.- 12:30 P.M.

11:30 A.M.- 12:30 P.M. CONT.

SESSION 2A: CRYPTOCURRENCY COMES OF AGE: NOTABLE RECENT REGULATORY ACTIONS AND A LOOK AHEAD

them make better, more ethical decisions. This panel has both significant intellectual and practical content and its primary objective is to increase the professional legal competency of attorneys in ethics and professionalism, skills, law practice management and/or areas of professional practice.

Speakers: Jordan Maglich, Associate, Quarles & Brady LLP (moderator), Scott A. Masel, Attorney-Advisor, Enforcement, U.S. Securities and Exchange Commission As the price of Bitcoin increased from $433 in 2016 to nearly $20,000 in late 2017 and then back to under $4,000 by 2019, state and federal regulators scrambled to analyze how virtual currencies fit into the existing regulatory framework. While small fortunes were made and lost in a landscape that evoked memories of the “tech wreck” in the early 2000s, regulators have become increasingly involved in understanding the technology and taking action to police activity that allegedly fell within their jurisdiction. This presentation will first provide an overview of the key terminology, including blockchain technology, virtual currencies, hot and cold wallets, and smart contracts. The discussion will then focus on recent regulatory actions taken by federal regulators, including the SEC and CFTC, and how those actions are continuing to shape the regulatory landscape.

SESSION 2B: NAVIGATING THE SEA OF COMPLEX LITIGATION ISSUES IN FLSA COLLECTIVE ACTIONS Speakers: Kevin David Johnson, Shareholder, Johnson Jackson LLC (moderator), Anne-Marie Estevez, Partner, Morgan, Lewis & Bockius LLP, Sarah Schalman-Bergen, Shareholder, Berger Montague, Scott A. Masel, Attorney-Advisor, Enforcement, U.S. Securities and Exchange Commission The panel of experienced FLSA practitioners will discuss key issues involved in litigating collective actions under the Fair Labor Standards Act, with an eye toward how those practices differ from Rule 23 class actions, how they are affected by recent Supreme Court decisions on arbitration, and how the challenges of representative discovery affect arguments about decertification, summary judgment, and trial in these cases, as well as the ethical issues that arise, including solicitations and advertisements versus investigations, and ex-parte communications with putative class members.

SESSION 2C: WADING INTO THE GRAY: WHEN GOOD PEOPLE MAKE BAD DECISIONS Speakers: Serina Vash, Business and Ethics Advisor, Managing Partner, Herman Jones LLP (moderator), Rashmi Airan, Ethics Consultant, Ethics Integrated, Richard Bistrong, CEO, Frontline Anti-Bribery LLC; former FCPA Violator and FBI/UK Cooperator In a world where corporate scandals dominate news headlines, fines for criminal misconduct have grown to billions of dollars and calls for individual heads to roll ring loudly in the halls of government, how do you advise and protect your clients so they are not in the center of the next corporate criminal scandal?

And how do you assure that you and your own associates don’t wade into gray areas and cross ethical lines? The panel will identify inflection points in law and business decision making and in compliance processes where questions, interventions, knowledge, relationships and legal advice could have helped

12:45 - 2:00 P.M. YOUNGER FEDERAL LAWYERS AWARDS LUNCHEON Join us for the presentation of the Younger Federal Lawyer Awards, which are bestowed upon outstanding government and military attorneys who have attained high standards of professional achievement.

2:15 - 3:15 P.M. SESSION 3A: NOTEWORTHY SCOTUS DECISIONS FOR GENERAL COUNSEL, BUSINESS LITIGATORS, AND JURISTS Speakers: Donna Phillips Currault, Member, Gordon Arata Montgomery Barnett (moderator), Roger S. Kobert, Partner, Weiss Serota Helfman Cole & Bierman P.L., Oliver Alan Ruiz, Partner, Malloy & Malloy, P.L., Sarah C. Yerger, Counsel, Barley Snyder Panel discussion will capture a broad appeal of interests, by touching on three areas of law that are relevant for businesses, general counsel, outside counsel, business litigators, and jurists. Panelists will bring a varied perspective, representing three practice areas from the association: Intellectual Property Law, International Law, and Labor & Employment Law. Attendees will receive a recap of important cases in these areas of law, focusing mainly on decisions of the 2018 Term of the Supreme Court of the United States, and on cases will be decided during the 2019 Term of the Supreme Court of the United States (as a preview).

SESSION 3B: POWERFUL WITNESS PREPARATION Speakers: Daniel Small, Partner, Holland & Knight (moderator) Effective witness preparation dramatically improves the way that facts are delivered, whether in a deposition or hearing, or to a judge or jury, and few in the country are as adept at teaching lawyers to prep witnesses than nationally respected speaker and writer Dan Small, a partner at Holland & Knight, former federal prosecutor and author of the best-selling Preparing Witnesses: A Practical Guide for Lawyers and Their Clients, published by the American Bar Association (4th edition, 2014). Speakers will cover the key gaps between witnesses and counsel, the most common mistakes witnesses (and lawyers) make, as well as practical, real-world techniques for avoiding them. Attendees will develop general techniques plus specific guidance for different witness scenarios and the “Ten Rules” for being an effective witness.

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THURSDAY, SEPTEMBER THURSDAY, SEPT. 135 2:15 - 3:15 P.M. CONT.

3:30 - 4:30 P.M.

SESSION 3C: THE DEMAND FOR DIVERSITY IN FEDERAL PRACTICE: WHAT WE KNOW, WHERE TO GO, HOW TO GROW

area by providing an overview of the NIST cybersecurity framework, FAR and DFARS contract terms, system security plans, and forthcoming regulations from civilian agencies. After discussion, attendees will understand how the civil False Claims Act could become a tool for enforcement of cybersecurity requirements, including the theories of liability and damages that might be pursued in a qui tam lawsuit.

Speakers: Tara Norgard, Partner, Carlson Caspers Vandenburgh & Lindquist, PA (moderator), Steve E. Baker, Partner, Quintairos, Prietor, Wood & Boyer, P.A.; Board Member, NAMWOLF, Charbel J. Barakat, Chief Counsel, Florida Region,D.R. Horton, Inc., Barbara Stevens, Vice President and Corporate Counsel, Prudential Financial A truly diverse legal profession requires a broad and sustained commitment to inclusion. Clients require their legal teams to be diverse—and they bring their power to bear by rewarding law firms that promote and reward inclusive teams. Law firms are heeding the call, recognizing that meaningful diversity requires active engagement in recruiting, mentoring, and perhaps most importantly, retaining diverse lawyers. And federal courts have long taken the lead to ensure that the histories and challenges of diverse populations remain at the forefront of our collective conscience and ongoing work. Join nationally recognized leaders in the field of Diversity & Inclusion as they discuss the demand for D&I, best practices, and how to achieve actionable data, improvements and results. The program will conclude with an interactive question and answer to address the future of D&I and the potential impacts D&I might have on other industry and sectors of society. This panel is endorsed by the FBA ADR Section.

3:30 - 4:30 P.M. SESSION 4A: “WHAT? LIKE, IT’S HARD?” THE MILLENNIAL PERSPECTIVE ON SECURING A CIVIL PROTECTIVE ORDER Speakers: Anitra F. Raiford, Attorney, Shook Hardy & Bacon LLP, Ashley Tinsley, Associate, Johnson Jackson LLC Securing a civil protective order can be an uphill battle at times.

This especially can feel true for a young attorney or attorney new to federal practice. This presentation will explore protective orders that oversee the entire exchange of discovery as well as those that stop the disclosure of privileged information. The goals of this presentation are to: 1) educate the audience on the proper judicial standard; 2) provide an overview of best practices; 3) identify strategic uses of protective orders; and 4) highlight common mistakes and how to avoid them. Approaching this presentation from the millennial perspective, attendees will leave the presentation with confidence in the protective order process.

SESSION 4B: CYBERSECURITY COMPLIANCE: THE NEXT WAVE OF FCA ENFORCEMENT? Speakers: Jennifer Short, Partner, KaiserDillon PLLC (moderator), Alicia Lynch, Chief Information Security Officer, SAIC, Johana Reed, Counsel, McMahon, Welch and Learned, PLLC This presentation is geared toward practitioners who want to understand the enforcement issues that may arise from the cybersecurity provisions now required in Department of Defense contracts. Experienced panelists will address potential areas of legal exposure and risk for noncompliance with cybersecurity requirements. The program will help attorneys “talk the talk” in this

SESSION 4C: CUTTING EDGE DEVELOPMENTS AT THE INTERSECTION OF BANKRUPTCY AND INTELLECTUAL PROPERTY LAW Speakers: Hon. Charlene Honeywell, U.S. District Court Judge, Middle District of Florida (moderator), Daniel Fogarty, Shareholder, Stichter, Riedel, Blain & Postler P.A., Rob Rando, President, Rando Law Firm, Hon. Alan Trust, U.S. Bankruptcy Judge, Eastern District of New York The U.S. Supreme Court will soon be deciding a case that will have profound effects on bankruptcy and IP law and practitioners (Mission Products). In addition to the implications of this case, the panel will be discussing other significant cases that SCOTUS and other federal courts have decided that effect patent, trademark and copyright matters, as well as cutting edge issues in specific substantive areas that impact both BK and IP practitioners, such as sales free and clear of licensing agreements, and the enforceability of covenants not to compete and franchise agreements in bankruptcy. Attendees will determine how practitioners can better protect their clients if bankruptcy of a counter party ensues.

5:00 - 6:00 P.M. BAR LEADERSHIP FORUM The FBA has appointed liaisons to national affinity bar organizations and other organizations that share our commitment to diversity. This forum is intended to allow the FBA and these organizations to learn about each other and how we can work together to promote our shared goals.

CLE Info Attorneys admitted to state bars having mandatory CLE requirements will receive credit for attending this conference. For 60-minute credit hour states, there are up to 6 hours of General CLE credit available including ethics. For states with 50-minute credit hour states, there are up to 7.2 hours of General CLE credit available including ethics.

WELCOME RECEPTION 6:00 – 8:00 P.M.

100 NORTH TAMPA STREET, SUITE 4100 • TAMPA, FL

Please join Holland & Knight for cocktails with a panoramic view of downtown and the Tampa Bay region immediately following the first day of events at the Federal Bar Association’s 2019 Annual Meeting and Convention.

FRIDAY, SEPTEMBER 6 8:30 - 9:00 A.M.

10:15 - 11:15 A.M. CONT.

WELCOME REMARKS

SESSION 5B: ROUND PEG AND SQUARE HOLE? CLASS ACTIONS IN AN APPELLATE COURT, THE U.S. COURT OF APPEALS FOR VETERANS CLAIMS

8:30 A.M. - 12:30 P.M. FOUNDATION OF THE FBA BOARD OF DIRECTORS MEETING

9:00 - 10:00 A.M. GENERAL SESSION Gilbert King, Pulitzer Prize-Winning Author

10:00 - 10:15 A.M. SWEARING-IN CEREMONY Attorneys interested in being admitted to the bar of the Eleventh Circuit should visit the convention website (www. fedbar.org/FBACon19) for registration, application and payment information. All applications and payments must be filed directly through the court.

10:15 - 11:15 A.M. SESSION 5A: BIG DATA, BIG PROBLEMS: HOW THE FEDERAL GOVERNMENT MINES DATA IN CRIMINAL AND CIVIL PROSECUTIONS Speakers: Jason Mehta, Partner, Bradley Arant Boult Cummings LLP (moderator), Lee Bentley, Partner, Bradley Arant Boult Cummings LLP, Hon. Virginia Covington, District Judge, U.S. District Court for the Middle District of Florida, Hon. William Jung, District Judge, U.S. District Court for the Middle District of Florida Four panelists--two federal judges, a former U.S. Attorney, and a former Assistant U.S. Attorney--will discuss their experiences in how the government is increasingly using data to identify and develop criminal and civil prosecutions. Attendees will learn how federal healthcare cases are being developed largely on the basis of data analytics. Similarly, mortgage fraud cases, government contract cases, money laundering, securities, and other cases are all being built from sophisticated data mining.

Attendees will not only learn about the government’s increasing use of data but also how defense counsel are harnessing data for their own defenses and trial presentations. Attendees will hear from seasoned defense attorneys who will offer perspective on how they use data both to drive prosecutorial decisions and how to develop trial theories. Finally, attendees will discover how courts and judges are using data to shape their sentencing decisions.

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Speakers: Jason P. Stearns, Partner, Freeborn & Peters LLP (moderator), Hon. Michael P. Allen, U.S. Court of Appeals for Veterans Claims, Amy B. Kretkowski, Chair, U.S. Court of Appeals for Veterans Claims Rules Committee; Adjunct Professor, University of Iowa College of Law; Private Practitioner, Veterans Law Office of Amy B. Kertkowski In 1989, Congress created the U.S. court of Appeals for Veterans Claims (CAVC), providing judicial review for veterans for the first time. It is a federal appellate court. In 2017, the Federal Circuit held that the CAVC had the authority to hear class actions as an initial matter at the appellate level. It is the only federal appellate court (perhaps the only one) with such authority. The panel will explore the opportunities and challenges associated with the use of aggregate litigation procedures designed for trial courts in an appellate setting. In particular, since Federal Rule of Civil Procedure 23 does not apply to the CAVC, the panel will consider how this absence affects the CAVC’s efforts to incorporate aggregate litigation into the appellate process.

SESSION 5C: ADVOCACY IN GENDER-BASED ASYLUM CASES Speakers: Beth S. Persky, Attorney, Law Office of Beth S. Persky, Mimi Tsankov, Grievance Chair, National Association of Immigration Judges, Judith L. Wood, Attorney, Law Office of Judith Wood Panel discussion will analyze how the current immigration court changes in practice are impacting working conditions for Immigration Judges and how creating Article I courts for immigration cases would improve the adjudication of cases and increase due process. Speakers will use clips from the film St. Judy to illustrate the importance of zealous advocacy in developing asylum case law in the federal courts. Attendees will learn the origins and implementation of international treaty obligations under asylum law and their effective implementation for asylum seekers, including the role of UNHCR and the U.S. asylum office.

FRIDAY, SEPTEMBER FRIDAY, SEPTEMBER66 11:00 A.M. - 12:00 P.M.

11:30 A.M. - 12:30 P.M. CONT.

GOVERNMENT RELATIONS COMMITTEE MEETING

SESSION 6C: THE FAMILY REUNIFICATION CASES: TRADITIONAL AND CREATIVE ADVOCACY

The Government Relations Committee is charged with overseeing the FBA’s advocacy initiatives and policy priorities.

Committee members in attendance will meet in person for the committee’s September monthly meeting. Committee members unable to attend the Convention may join the GRC meeting via teleconference.

11:30 A.M. - 12:30 P.M. SESSION 6A: WHEN CONGRESS INVESTIGATES: BREAKING DOWN THE NUTS AND BOLTS OF CONGRESSIONAL INVESTIGATIONS Speakers: Josh A. Levy, Partner, Cunningham, Levy, Muse LLP; former Counsel to Senate Homeland Security and Government Affairs Committee, Peter Hyun, Partner, Wiley Rein LLP; former Chief Counsel to Sen. Dianne Feinstein, ranking member on the Senate Judiciary Committee, David Leviss, Partner, O’Melveny & Myers; former Chief Oversight Counsel of House Energy and Commerce Committee, William Pittard, Partner, KaiserDillon PLLC; former Acting General Counsel at U.S. House of Representatives In this program, panelists will explore the main clauses of a licensing agreement that require particular attention. Panelists will highlight common pitfalls encountered when negotiating these agreements and the complex set of transactions in which they arise. Panelists will also go over essential strategies in ensuring that the most salient considerations are properly addressed. Topics will be addressed from both the in-house and outside counsel perspective, from negotiation to litigation. The program will also include mock negotiation strategies as well as an analysis of a hypothetical licensing deal between which turns sour. In the litigation context, panelists will go over the latest case law as it pertains to the topics discussed and explore litigation strategies as well as the perspective of in-house counsel in managing outside counsel. The panel will close with a brief outline of best strategies to follow when negotiating licensing deals.

SESSION 6B: FEDERAL EQUITY RECEIVERSHIPS: TOTO, WE’RE NOT IN BANKRUPTCY ANYMORE! Speakers: Burton Wiand, Of Counsel, Wiand Guerra King P.A. (moderator), Ira Bodenstein, Partner, Fox Rothchild LLP, Jared Perez, Shareholder, Wiand Guerra King P.A. The presentation will provide information about Federal Equity Receiverships including the creation, purpose, procedures and administration. Panelists will cover the authority of receivers, claims processes, receivership litigation (including clawback litigation), due process and equitable considerations. Further discussion will compare and contrast receivership with a bankruptcy case and highlight their similarities and differences.

Speakers: Christina “Tina” Woehr, Assistant Federal Public Defender, District of Arizona, Manoj Govindaiah, Director of Litigation, RAICES, Clayton LaForge, Associate, Latham & Watkins, LLP Between 2018 and the present, families seeking asylum under United States laws have been separated prior to hearings on credible fear against persecution or torture, the first step towards assessing whether to grant asylum. These separations have been the subject of challenges to the constitutionality and propriety of the hearings, and raised attendant constitutional challenges rooted in substantive due process concerns due to the separations themselves. The panelists will discuss the strategies behind successful litigation on behalf of these families, including effective ways (and the proper procedural mechanisms) for seeking temporary restraining orders and preliminary injunctions, effective negotiation tactics to employ when adverse to the United States in civil matters, and successful methods for advocating on behalf of clients outside of the Judiciary.

12:45 - 2:00 P.M. PUBLIC SERVICE LUNCHEON Celebrate the gift of giving back while honoring FBA members and Chapters on their contributions in public service. Awards presented will include the Ilene and Michael Shaw Public Service Award, Ilene and Michael Shaw Younger Lawyer Public Service Grant, and Elaine R. “Boots” Fisher Award.

2:15 - 4:30 P.M. FEDERAL BAR BUILDING CORPORATION BOARD OF DIRECTORS MEETING

3:30 - 5:00 P.M. NETWORKING RECEPTION Sponsored by the Federal Litigation Section Conveniently located within the conference hotel, enjoy premium cocktails and light hors d’oeuvres following an afternoon of business meetings. You earned it! Open to all conference participants.

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CONVENTION RECEPTION HOSTED BY THE TAMPA BAY CHAPTER 6:30 – 10:00 P.M.

701 CHANNELSIDE DRIVE • TAMPA, FL

The Tampa Bay Chapter invites you to The Florida Aquarium for an evening of enchantment under the sea! Come see why The Florida Aquarium is a top USA TODAY ranked aquarium in North America; Top 10 Aquarium by WORKING MOTHER; a TripAdvisor top 10 Aquarium in the country; and Parents Magazine top 5 “Kid-Friendly” aquarium. With over 14,000 animals there will be plenty to experience while you enjoy food, drinks and light entertainment. The reception is open to all registered attendees and their guests.

RECEPTION SPONSORS

12

SATURDAY, SEPTEMBER 7 7:30 - 8:30 A.M.

12:45 - 2:00 P.M.

FBA FITNESS 5K

AWARDS LUNCHEON

Get up and get your Saturday going with a running start!

Runners (and walkers) will be treated to a scenic route starting at MacDill Park on the Riverwalk and continuing towards Curtis Hixon Waterfront Park, Water Works Park and the new Armature Park before turning around to complete the course back at MacDill Park. Participants will receive a commemorative t-shirt and times will be recorded and posted to a race website. Medals will be presented to the top male and female runners. ($25 registration fee)

Sponsored by

YOGA SESSION Running not your cup of tea first thing in the morning? Treat yourself to a yoga session for a zen start to your day provided by a popular local studio. Namaste! (Complimentary) HEALTH COACHING Lona Jean is the owner and CEO of beAlive Fitness and Health Coaching, #1 best selling author, fitness influencer and motivational speaker. Join Lona for an inspiring low impact workout and gain health and wellness tips along the way.

(Complimentary)

9:30 A.M. - 12:30 P.M. NATIONAL COUNCIL MEETING The National Council members are selected by elected position or appointment. A quorum of the National Council is established when twenty-five percent of the members of the National Council in good standing are present. Over the last several years, an average of 35% of the National Council members have attended the National Council meeting. The National Council consists of the following members: All members of the Board of Directors All Past National Presidents All Circuit Vice Presidents Chairs of all Divisions, Sections, and Standing Committees President of the Federal Bar Building Corporation President of the Foundation of the Federal Bar Association General Counsel of the Federal Bar Association The ABA Delegate Every Chapter President or other Chapter officer as designated by the Chapter President One other delegate from each Chapter to be selected by the Chapter Not more than 20 members to be appointed annually by the President

Support Active FBA Volunteers at this annual event, which recognizes the outstanding service and achievements of members, sections, divisions, and chapters with the following awards: Newsletter Awards Section and Division Recognition Awards 2019 Section and Division Outstanding Leader Award Chapter Community Outreach Award Vice Presidents for the Circuits Outstanding Leader Award 2019 Outstanding Chapter Leader Award Chapter Activity Awards 2019 Chapter of the Year

2:15 - 4:15 P.M. CHAPTER LEADERS MEETING SECTIONS AND DIVISIONS MEETINGS

6:00 - 7:00 P.M. LEADERSHIP RECEPTION

7:00 - 9:00 P.M. PRESIDENTIAL INSTALLATION BANQUET Join us for a black-tie optional banquet to formally induct Christian K. Adams as the FBA National President for FY 2020. Awards presented will include the Hon. Sarah T. Hughes Civil Rights Award and Earl W. Kintner Award for Distinguished Service.

S A V E T H E D AT E

WASHINGTON, DC • MARCH 18-21, 2020

14

2019 FBA ANNUAL MEETING & CONVENTION

2019 FEDERAL BAR ASSOCIATION ANNUAL MEETING AND CONVENTION SEPTEMBER 5 – 7, 2019 • HILTON TAMPA DOWNTOWN • WWW.FEDBAR.ORG/FBACON19

Mail registration to: Federal Bar Association, Attn: 2019 Convention Registration, P.O. Box 79395, Baltimore, MD 21279-0395 or fax to: (571) 481-9090. Payment must accompany your registration; forms received without payment will not be processed.

SEPTEMBER 5-7 • HILTON TAMPA DOWNTOWN

Regisrant Information

Early Bird Deadline: 8/9/19 First Last Firm/Agency

Total

Sustaining Member Member

Early Bird Standard Early Bird Standard -

$665 $740 $700 $775 $975

-

$475

Early Bird Standard Early Bird Standard Early Bird Standard Early Bird Standard -

$415 $485 $435 $510 $585 $90 $330 $400 $345 $420 $490

Early Bird Standard Early Bird Standard -

$60 $215 $285 $225 $300 $375

-

$35

Student CLE ONLY REGISTRATION

City

THU+FRI Sustaining Member

State

THU+FRI Member

Zip

THU+FRI Nonmember THU+FRI Student THU ONLY Sustaining Member

Phone Email Address

THU ONLY Member THU ONLY Nonmember THU ONLY Student FRI ONLY Sustaining Member

Method of Payment

Qty

Includes up to (6) CLE Credit Hours, Continental Breakfast, Coffee/Refreshment Breaks, YFLA Luncheon, Public Service Luncheon, FBA Awards Luncheon, Leadership Reception and Presidential Installation Banquet.

Nonmember

Address

Fee

FULL CONVENTION REGISTRATION

q Check, made payable to the FBA: #__________ Credit card: q Visa q American Express q MasterCard

FRI ONLY Member FRI ONLY Nonmember FRI ONLY Student SOCIAL EVENT REGISTRATION

Complimentary Events (Open to all Registered Attendees)

Card Holder Name (printed) Billing Zip Code Credit Card Number Exp. Date Signature

(THU) Welcome Reception $0 (FRI) Chapter Reception $0 (FRI) Swearing-in Ceremony – Separate Court $0 Application Required!

WELLNESS EVENT REGISTRATION FBA 5k $25 Yoga Session $0 Health Coaching $0 Ticketed Events (All ticked events are included in Full Convention Registrations) YFLA Luncheon

$125

Public Service Luncheon

$125

FBA Awards Luncheon

$125

Leadership Reception & Presidential Installation Banquet

$0 $0 $0

$215

GRAND TOTAL Cancellation Policy: refunds be made for cancellations received after theofclose of business on Friday, 2019. No-shows will beSubstitutions billed.

Cancellation Policy: No No refunds will will be made for cancellations received after the close business on Friday, August August 9, 2019.9,No-shows will be billed. be made at any time upon written notification to the conference office. All requests for refunds must be made in writing and may Substitutions be made at may any time upon written notification to the conference office. All requests for refunds must be made in writing and be addressed to Federal Bar be addressed to Federal Bar Association, 2019 Annual Meeting & Convention, 1220 North Fillmore Street, Suite 444, Arlington, VA 22201. For more Association, 2019regarding Annual Meeting & Convention, 1220 North Fillmore Street, Suitepolicies, 444, Arlington, 22201.Caitlin For more information regarding refund, complaint and/ information refund, complaint and/or program cancellation pleaseVA contact Rider at crider@fedbar.org.

Continuing or program cancellation policies, please contact Caitlin Rider at crider@fedbar.org.

Continuing Legal Education Credit: If state you would like your Legal Education Credit: If you would like your attendance at the convention’s CLE programs to be reported to a agency with attendance mandatoryat the convention’s CLE programs to bebring reported a state with mandatory please bringThe yourappropriate state bar identification with you to the CLE requirements, please your to state bar agency identification numbersCLE withrequirements, you to the convention. paperworknumbers will be available convention. will be available at theRegistrants, FBA registration desk. Photography Release: instructors, exhibitors, at the The FBA appropriate registrationpaperwork desk. Photography Release: instructors, exhibitors, and guests Registrants, attending FBA meetings agree and theyguests may attending be FBA photographed meetings agree they maythe be event. photographed during are the event.

Photographs arethe theFBA, solewhich property of the FBA, whichtoreserves the right to use attendees’ names and during Photographs the sole property of reserves the right use attendees’ names and likenesses in promotional materials without providing monetary youagree agreetoto likenesses in promotional materials without providing monetarycompensation. compensation. E-mail E-mail Communication CommunicationPolicy: Policy:By Byregistering registering for for this this event, event, you receive receive e-mail communication the Federalconcerning Bar Association concerning eventLegal details, Continuing Legal Education certification, programming e-mail communication from the Federalfrom Bar Association event details, Continuing Education certification, programming changes, and upcoming events. changes, and upcoming events.

1220 North Fillmore St., Ste. 444 Arlington, VA 22201

Registration is open! www.fedbar.org/FBAcon19

2019 FBA ANNUAL MEETING & CONVENTION

SEPTEMBER 5-7 • HILTON TAMPA DOWNTOWN

Reg is Aug ter by .9 save and $75 !