2021 Legal Summit Brochure by Maryland State Bar Association

THOUGHT LEADERSHIP FROM LEADERS IN THE PROFESSION

LEARNING TRACKS

June 9 - 11, 2021

80+

VIRTUAL / ON-DEMAND PROGRAMS

UP TO

CLE CREDITS

MISSING IN-PERSON EVENTS?

We are too. Legal Excellence Week will be in person in November 2021.

2021 Legal Summit Preview The MSBA Legal Summit & Annual Meeting brings together attorneys from every segment of the legal profession for multiple days of learning and networking. Featuring unique instruction from industry thought leaders and luminaries plus sessions for attorneys in every practice area, this is a can’t-miss event for any legal professional. This year, we’re excited to hold our first ever 100% Virtual Legal Summit & Annual Meeting giving attendees the opportunity to attend from anywhere. Plus, with the help of our numerous high-profile speakers and presenters, the 2021 Virtual Legal Summit & Annual Meeting will be our biggest to date with over 80+ substantive programs and the ability to earn up to 65 CLE credits! Plus, we’re unveiling several NEW features! First, this year’s event will feature eight (8) NEW Learning Tracks to help you find programs in your area of practice or interest. Use the key below to find courses in:

TRACK KEY Alternative Dispute Resolution

Officers Hon Mark F. Scurti President M. Natalie McSherry President-Elect Del. Erek Barron Secretary Jason DeLoach Treasurer Victor L. Velazquez Executive Director

Justice

Corporate Law

Leadership and Practice Management

Ethics

Litigation and Trial Skills

Practice Updates

Technology

Second, your registration includes complimentary access to our Legal Summit Series, which begins in April 2021 and extends through September 2021. The Legal Summit Series consist of more than 20 additional programs, a $580+ value if purchased separately. Please visit the Legal Summit Series page to learn more about the available programs. Remember to check back, as more will be added. Finally, we have some exciting interactive social and networking sessions, to keep you connected. Join your colleagues for informal networking at lunch on our new virtual platform that mimics in-person conversations or check out our Special Edition Cooking Connections to get a taste of Ocean City, Maryland no matter where you are tuning in from. We’re excited for you to join us for the 100% virtual 2021 Legal Summit & Annual Meeting. But we understand that you may be missing inperson events, because we are too! We’re excited to announce that Legal Excellence Week will be in person in November 2021.

High-Profile Speakers Madeleine Albright Photo credit: Lauren Bulbin

Former United States Secretary of State

Amy Klobuchar

U.S. Senator for Minnesota & former U.S. Presidential Candidate

Boyd Rutherford

Lieutenant Governor of Maryland

Nina Totenberg

NPR Legal Affairs Correspondent

Tina Tchen

Co-Founder and CEO, Time’s Up

...and many more!

Your registration includes COMPLIMENTARY ACCESS to our Legal Summit Series, which begins in April 2021 and extends through September 2021. The Legal Summit Series is a collection of training, designed to maximize your professional knowledge as well as your Legal Summit & Annual Meeting experience. This Series contains 20+ additional programs (a $580+ value if purchased separately this Series) that dovetail with the training & CLE available at this year’s MSBA Annual Meeting.

PROGRAMS ♦ Artificial Intelligence as Evidence ♦ Create A Winning M&A Playbook ♦ Financial Health & Wellness for Attorneys ♦ Human Rights Litigation; Representing Victim of Torture and Terror Against Foreign Sovereign Actors ♦ Start-Up Solo Practitioner Marketing & Management ♦ Representing Political Protesters under the First Amendment ♦ How to Develop a Private Practice Devoted to Fighting for Civil Justice

♦ Opt Out to Opt In: A Panel Discussion with Lawyer Moms who Started their own Law Firms ♦ Business Valuation for Lawyers ♦ Top 10 Steps to Manage a Company Crisis ♦ The Value in Building a Personal Brand and Why Every Lawyer Needs One In a Post-COVID-19 World ♦ and many more! Check out the Legal Summit Series page for the latest list of programs.

Wednesday, June 9

Please refer to the track key on page 2. Program descriptions are listed alphabetically beginning on page 13.

10:00 - 11:00 AM Point-Counterpoint: Technology and the Law Firm of the Future

Public Health Law: The Value of Legal Resource Centers

Legal Issues with Social Media and How to Manage Those Risks

Dave Pantzer, Esq. Sahmra Stevenson, Esq. Matthew Stubenberg, Esq.

Brooke Torton, Esq. Blair Inniss, Esq.

Stephen Stern, Esq.

Justice for the Middle: Matching Marylanders with Affordable Family Law Attorneys

Stories that Mediators Tell

11:15 AM - 12:15 PM Three C’s of Leading Remote Teams in Uncertain Times: Connecting, Communicating and Culture Natasha Nazareth, Esq. Rachel Platt, SPHR, SHRMSCP Ginny Bonifacino, Esq.

Prof. Dawna Cobb M. Natalie McSherry, Esq. Connie Kratovil-Lavelle, Esq.

Alternative Dispute Resolution Section Ceecee Paizs, Esq. Steven Platt, Esq. Jolie Weinberg, Esq. Jeff Trueman, Esq. Alan Grossman, Esq.

12:30 - 1:00 PM

A M Y K LO B U C H A R

Senator & former Presidential Candidate

1:00 - 2:00 PM

MADELEINE ALBRIGHT

Former United States Secretary of State

2:00 - 3:00 PM

N I N A TOT E N B E R G

NPR Legal Affairs Correspondent

3:00 - 4:00 PM

3:15 - 3:45 PM

Leadership Academy Graduation

Economic Outlook & Implications on Professional Services

4:00 - 5:00 PM Are You Smarter Than A Law Clerk: Redux, Redux, Redux. Come Test Your Brain Power Hosted by Hon. Lynne Battaglia, featuring panelists: Hon. Andrea Leahy, James Archibald, Esq., Paul Sandler, Esq. & Jonathan Huddleston, Esq. and, of course, select Judicial Law Clerks.

5:30 - 7:15 PM Cooking Connections: No Thyme to Cook w/Chef Gwyn Novak. Join Hon. Mark F. Scurti for a cocktail in his final Cooking Connections as MSBA President.

Thursday, June 10

Please refer to the track key on page 2. Program descriptions are listed alphabetically beginning on page 13.

8:30 - 9:30 AM Tax Planning for the Future

Witness Preparation from Soup to Nuts

Taxation Section

Jane Santoni, Esq.

Sean Elavia, Esq. Peter Haukebo, Esq. Elizabeth F. Stieff, Esq.

Have You Thought About Your ADR Practice Post-COVID? – Part I Alternative Dispute Resolution Section Solo & Small Firm Practice Section

Clouds and Silver Linings: Practical Considerations for Moving your Files to SharePoint Online Margaret Henn, Esq. Dave Pantzer, Esq. Timothy Mummert, Esq.

Did Congress Give Religious Organizations More Rights than Secular Landowners Under Local Land Use Laws?

JUST ANNOUNCED

Your Money or Your License Irwin R. Kramer, Esq.

Administrative Law Section and State & Local Government Section James J. Nolan, Jr., Esq. Ward B. Coe, III., Esq. Professor Marci A. Hamilton, Esq.

9:45 - 10:15 AM JUST ANNOUNCED

A C O N V E R S AT I O N W I T H T I N A TC H E N

CEO of Time’s UP

10:30 - 11:30 AM Walking (Through) Plank: Solving Maryland’s ‘Breach of Fiduciary Duty’ Puzzle

Pretext at Summary Judgment

David G. Ross, Esq.

Andrew Dansicker, Esq. Teresa Teare, Esq.

Richard Adams, III, Esq. Brian Thompson, Esq. Matthew Fischer, Esq.

AI in Healthcare, and it’s impact on the legal profession

Early Case Assessments in Commercial, Employment & Personal Injury Disputes

Disparate Impact: The Civil Legal System and Communities of Color

David Moore, Esq.

Labor & Employment Law Section

Jeff Trueman, Esq.

Lawyering From Home: A Discussion on Ethics, Technology and Life Balance

Delivery of Legal Services Section Susan Francis, Esq. Becky Lundberg Witt, Esq. Sacoby Wilson, PhD, MS LiJia Gong, Esq.

11:45 AM - 12:45 PM Tax Considerations for Businesses in Distress Taxation Section Adam Abrahams, Esq. Vadim Ronzhes, Esq., CPA Timothy Wagner, Esq. Cheri Wendt-Taczak, Esq.

Getting and Keeping Your Best: Recruiting and Retaining a Diverse and Inclusive Staff Diversity & Inclusion Committee Zenita Hurley, Esq.

Catastrophic Injuries in Tort Cases – Life Care Plans to Home Modifications

Ethical Considerations On the Use of Artificial Intelligence in the Practice of Law

Negligence, Insurance & Workers’ Comp. Section

Walter Coppersmith, III, Esq.

Eric Anderson, Esq. Ace McBride, Esq. Christina Billiet, Esq.

How Attorneys Get the Best Results for Their Clients in Mediation

Lessons from the Ethics Hotline - Help When You Need it

Douglas Furlong, Esq.

Ethics Committee Wayne Willoughby, Esq. Sheri Hoidra, Esq. Lydia Lawless, Esq. Chuck Thompson, Esq.

Thursday 12:45 - 1:45 PM Networking Lunch Join us for a unique virtual experience.

1:45 - 2:45 PM Social Inflation & The Litigation That Follows

Creating the Resilient Law Firm of the Future

Marisa Trasatti, Esq. Caryn Siebert, Esq. Stuart Simon, Esq.

Kathryn Scourby

JUST ANNOUNCED

Effective Advocacy in Annapolis: A Look at the Legislative Process from the Inside Former Senator Bobby Zirkin Former Senator & County Executive Allan H. Kittleman

Artificial Intelligence as Evidence Hon. Paul W. Grimm Maura R. Grossman, J.D., Ph.D.

Alliance Litigation: Effective Collaboration Among Private Plaintiffs and Government Enforcers Daniel G. Bird, Esq.

TRACK KEY Alternative Dispute Resolution

Justice

Corporate Law

Leadership and Practice Management

Ethics

Litigation and Trial Skills

Practice Updates

Technology

Thursday 3:00 - 4:00 PM “Climate Proofing” Your Contracts - The Time to Act is NOW

Representing Federal Employees and Their Spouses in Divorce

James Wylie Donald, Esq.

Jessica Markham, Esq. Leslie Miller, Esq.

Use of Artificial Intelligence and Other Emerging Technologies in Criminal Cases Criminal Law Section and Litigation Section Hon. Paul Grimm Derek Stikeleather, Esq.

Law Firm Liability Under the Medicare Secondary Payer Act Jennifer Jordan Roth, Esq.

JUST ANNOUNCED

Pursuing a Better Investment Experience Jay Menton Director of Wealth Management, TriBridge Partners

4:10 - 4:25 PM Live! Fireside Chat. Topic: Addressing the Biggest Attorney Reservations About the Cloud. Brought to you by NetDocuments.

4:30 - 5:30 PM JUST ANNOUNCED

The Second City Improv Show Join us for an exciting virtual improv show created by The Second City, the birthplace of many past and current Saturday Night Live stars.

5:30 - 6:30 PM Maryland Bar Foundation New Fellows Induction & Presentation of Shey & Eney Awards

Friday, June 11

Please refer to the track key on page 7. Program descriptions are listed alphabetically beginning on page 13.

8:45 - 9:45 AM M&A Deal Structures Business & Corporate Law Section Bryan Rakes, Esq. Lindsay Monti, Esq.

Remote and Electronic Execution of Estate Planning Documents and How To Do It Estate & Trust Section

Moving Forward in the Time of COVID-19 and Beyond Alternative Dispute Resolution Section

Michaela C. Muffoletto, Esq. Christine W. Hubbard, Esq. Leanne F. Broyles, Esq. Deborah F. Howe, Esq.

Legal Rucksack to Serve Veteran Clients Veterans & Military Law Section Senior Judge Louis A. Becker Marla Zide, Esq. Andrew P. Gross, Esq. Michael May, Esq.

Collection Survival Manual: Strategies for Secured and Unsecured Creditors in Consumer Bankruptcy Cases

District Court Civil Trial Do’s and Don’ts: A Conversation with a Judge and Two Litigators

Consumer Bankruptcy Section

Hon. Lisa A. Hall Johnson Steven B. Vinick, Esq. Jamie L. Alvarado-Taylor, Esq.

Bud Tayman, Esq. Richard London, Esq. Richard Rogers, Esq. Robert Thomas, Esq. Terri Lowery, Esq. William Steinwedel, Esq. Marc Kivitz, Esq.

10:00 - 11:00 AM Litigation Strategy and Technology Skills for the Business Attorney Managing a Partnership Dispute

Virtual Reality Experience of Alzheimer’s Disease

Alternative Dispute Resolution in Today’s World

Elder & Disability Rights Law Section

Elizabeth Fitch, Esq. Ramsay Whitworth, Esq. Mark Edelson, Esq. Ilona Shparaga, Esq. Jodie Buchman, Esq.

Susy Murphy, Esq.

Hon. Marvin J. Garbis Hon. Irma Raker Dr. Michael Spodak Paul Mark Sandler, Esq. M. Natalie McSherry, Esq.

Friday COVID Longhaulers – COVID’s effect on Support and Marital Property determinations in the Future

Using Chapter 13 to Help Clients Protect Against or Benefit From a Real Property Tax Sale – Tax Sales Demystified!

Family & Juvenile Law Section

Consumer Bankruptcy Section

Hon. Kathleen Dumais

Craig Leavers, Esq. Jason Greenberg, Esq. Leigh-Ann Smith Rosenberg, Esq. Donna Bertstein, Esq. Louise Carwell, Esq. Bud Tayman, Esq. Marc Robert Kivitz, Esq. Robert S. Thomas, II, Esq. William Steinwedel, Esq.

11:15 - 11:45 AM JUST ANNOUNCED

How Law Firms Can Harness the Potential of the Remote Workplace Model,

featuring R O B E R T G L A Z E R CEO of Acceleration Partners and Author of How to Thrive in The Virtual Workplace

11:45 AM - 12:45 PM Networking Lunch Join us for a unique virtual experience.

12:45 - 1:45 PM Calling All Gamers – IP & Esports

Racism, Sexism & Ethics in the Legal Profession

Intellectual Property Section

Hon. Pamela J. White Glendora Hughes, Esq. Lydia E. Lawless, Esq. Thomas E. Lynch III, Esq.

Entertainment & Sports Law Section Nicholas Hawkins, Esq. Matthew Fischer, Esq.

The Biden Administration and Agriculture: what should farmers and their representatives expect to happen in the new administration? Agriculture Law Section Anthony Gorski, Esq. Gary H. Baise, Esq. Bud Stephen Tayman, Esq.

Friday Asylum Law Procedure and Litigation Update

Supreme Court Term in Review

Immigration Law Section

Litigation Section

Lindsey Wilkes, Esq. Anam Rahman, Esq.

Steven Klepper, Esq. Ruthanne Deutsch, Esq. Prof. Kimberly Wehle Tiffany Wright, Esq.

First Effects of the Biden Administration on the IP Landscape

Working with Members of the LGBTQ Community

Emily DiBenedetto, Esq.

Lee Carpenter, Esq. Laura McMahon, Esq.

Stand by Me: Effective and Ethical Use of Paralegals, to Improve Productivity and Profitability

From Hack to React: Cybersecurity Crisis Management for Lawyers David Kessler

2:00 - 3:00 PM

Paralegal Taskforce Christopher Jennison, Esq.

Litigating Wrongful Conviction Cases in Maryland

Have You Thought About Your ADR Practice Post-COVID? – Part II

Neel Lalchandani, Esq. Chelsea J. Crawford, Esq. Andrew D. Freeman, Esq.

Alternative Dispute Resolution Section Solo & Small Firm Practice Section

3:15 - 5:15 PM

A N N UA L B U S I N E S S M E E T I N G

Including induction of M. Natalie McSherry, Esq. as the 125th President of the Maryland State Bar Association F E AT U R E D G U E S T S

B OY D R U T H E R F O R D Lieutenant Governor of Maryland

HON. MARY ELLEN BARBARA Chief Judge, Court of Appeals

H O N . J O H N P. M O R R I S S E Y Chief Judge, District Court of Maryland

Program Descriptions Program descriptions are listed alphabetically by title.

AI in Healthcare, and it’s impact on the legal profession

As the use Artificial Intelligence continues to transform virtually every aspect of healthcare, attorneys working with healthcare providers are being profoundly affected its impact. COVID-19 has also transformed the role of a corporate attorney into an attorney working towards setting health and safety policies for its corporate client. Understanding the opportunities and risks these changes bring is critical to the continued success for attorneys and their clients. The program will explore automated analytics available in a healthcare and corporate policy setting - including artificial intelligence, blockchain-based analytics, machine learning, and cybersecurity technologies - and how the intersection between technology and healthcare interacts with the legal profession.

Alliance Litigation: Effective Collaboration Among Private Plaintiffs and Government Enforcers

In UEBT v. Sutter Health – which 60 Minutes recently called a “landmark case” – private attorneys representing a class of employers teamed with the California Attorney General’s Office to reach an antitrust settlement with a dominant hospital system, which agreed to pay $575 million and change its practices for at least 10 years under the supervision of a court-appointed monitor. Mr. Bird led the trial team in the case and came within minutes of delivering the opening statement. He will discuss how private and public attorneys can collaborate to take advantage of their respective, complimentary skillsets to achieve mutual success and accomplish great public good. He will explain the types of cases in which collaboration can be effective, why it works, and how to do it successfully. As government enforcers increasingly look to team with private plaintiffs and their attorneys to take on well-heeled defendants, effective collaboration will become increasingly important.

Alternative Dispute Resolution in Today’s World

The program will include a review of current ADR processes, and good practical advice from experienced judges, mediators and lawyers, and a well -known psychiatrist who will address the psychological aspects of the negotiation process.

Are You Smarter Than A Law Clerk Redux, Redux, Redux. Come Test Your Brain Power

This unique program is entertaining, informative, interactive, and a fast-paced take-off on the TV show “Are You Smarter Than a Fifth Grader?”. The audience will answer (anonymously through the use of computerized responders) questions about Maryland and federal civil procedure, pleadings, discovery, trial practice, ethics and professionalism. Intrepid volunteers will have the opportunity to choose the response from the audience or from the law clerks or their own expertise as they address the various questions, while pursuing prizes! A panel of experts lead by Judge Lynne Battaglia, including Judge Andrea Leahy of the Court of Specials Appeals, as well as Paul Sandler, Jim Archibald and a Young Lawyer Section representative, will then analyze the issues and provide the answers. Handouts and food provided. Come and compete and eat.

Artificial Intelligence as Evidence

In the ever-changing landscape of eDiscovery and modern forms of evidence, understanding cutting-edge topics relating to Artificial Intelligence (AI) has become essential for litigators. Topics to be covered in this presentation will include the fundamentals of artificial intelligence; an understanding of how and why AI is used; what admissibility issues are posed in introducing AI evidence and how to address those issues, as well as a description and analysis of the pertinent rules of evidence and how they apply to AI. Attendees will be able to pose questions during a half an hour live Q&A with Judge Grimm and Maura R. Grossman after the presentation concludes.

Asylum Law Procedure & Litigation Update

U.S. immigration law allows persons to seek asylum on five protected grounds. An applicant for asylum must prove that s/he is a refugee as defined by statute and in certain instances is subjected to pre-screening processes before being allowed to proceed before an Immigration Judge. Recent changes have affected who is eligible for asylum, streamlined the process, and increased the burden of proof. This panel will provide answers to frequently asked questions and assumes prior knowledge of basic asylum law and immigration litigation processes.

Calling All Gamers – IP & Esports

Video games have opened the door to a new world of endless possibilities - building partnerships and creating opportunities for players and companies that want to get in on the action. At the core of video games and the growing competitive Esports market are a great deal of intellectual property and other rights that need to be acquired, managed, and protected. We will dive into the world of video games and esports and discover the different intellectual property and rights of publicity challenges that developers, brands and individuals may face.

Catastrophic Injuries in Tort Cases – Life Care Plans to Home Modifications

Preparing to defend or pursue a catastrophic injury case in both Tort and Workers’ Compensation requires evaluation of the plaintiff/claimant’s unique current and future needs. This often requires the engagement of a Life Care Planner and Home Modification Provider. This program will provide a general overview of issues arising in catastrophic injury cases, will provide a road map for obtaining the necessary information and documentation to either defend or pursue such cases and will provide resources to both Tort and Workers’ Compensation practitioners.

“Climate Proofing” Your Contracts - The Time to Act is NOW

Many legal departments and lawyers would like to incorporate climate change into their legal documents. But they find the subject vague and amorphous; how does one write a provision to protect against a decadal global temperature change of 0.32ºF? Our presentation explains our approach for incorporating climate change risk into contracts using two examples: property insurance provisions in a lease, and a force majeure clause in an unspecified contract. Fundamentally, we promote a deeper understanding of both the risks at issue, and the tools available to address them. The approach can be applied to other risk-shifting provisions (e.g., liability insurance, indemnification, time-of-the-essence, representations and warranties) across all manner of contracts.

Clouds and Silver Linings: Practical Considerations for Moving your Files to SharePoint Online

Remote working during the COVID-19 pandemic has caused many law firms to reevaluate their file storage systems and consider cloud-based alternatives that can easily be accessed from anywhere. One such system is SharePoint, a Microsoft product that is free to many already using Microsoft 365. Panelists will discuss their experience transitioning files, staff, and processes to the SharePoint platform. The panel will cover SharePoint architecture decisions, data migration, possibilities for collaboration and challenges panelists have experienced.

Collection Survival Manual: Strategies for Secured and Unsecured Creditors in Consumer Bankruptcy Cases

This program will focus on the steps that creditors can take in bankruptcy cases to protect their rights, focusing mainly on Chapter 11 and Chapter 13 cases. The speakers will talk about filing Motions for Relief from Stay, Proofs of Claims, Objections to Plan, Rule 2004 examinations, and other creditor actions. Given the large amount of corporate bankruptcies that are likely to occur in 2021, we feel this will be both an interesting and timely topic.

COVID Longhaulers- COVID’s effect on Support and Marital Property determinations in the Future

The pandemic has seriously effected incomes and business valuations in the present and future. The long term effects of that reduction in income and business value will continue to be present for the foreseeable future. A panel of three Circuit Judges will be presented with 5 different factual scenarios and provide discussion on how they would rule based on the facts provided. Additionally, a legislative overview of the past session will be provided and the all new family law/ juvenile cases in the last year will be analyzed.

Creating the Resilient Law Firm of the Future

It could be a burst pipe, a fire in a neighboring suite, a workplace violence incident, a weeklong power outage due to wildfires or a global pandemic....it doesn’t have to be a natural disaster that could close your law firm or affect its reputation. Does your firm’s current business continuity plan address all the essential components necessary to seamlessly continue providing services to clients? As the Coronavirus (COVID-19) continues to impact the current business landscape around the world, law firm leaders are looking at their business continuity and risk management programs to determine current and future risks to their firms and help make vital business decisions. In this session we will discuss business continuity and pandemic planning and the steps that your firm can take now to protect your employees, make informed business decisions for returning to the workplace, working with clients and ensuring organizational resiliency and profitability. Items such as continuing to have a remote work environment while also phasing back to an office work setting, the future of providing services to clients, risk management and compliance issues, crisis communication systems, comprehensive written business continuity plans and testing those plans will be discussed

Did Congress Give Religious Organizations More Rights than Secular Landowners Under Local Land Use Laws?

Please join the Administrative Law and State and Local Government Law Sections for a discussion of the Religious Land Use and Institutionalized Persons Act (RLUIPA) and its effect on local governments’ legislative and quasi-judicial land use decisions. RLUIPA allows religious institutions the right to seek injunctive and declaratory relief and money damages instead of judicial review. Our panel will discuss the developing case law in this relatively new area of civil rights litigation and discuss its impact on land use law. Our panel also will explore several important issues related to RLUIPA, including whether it violates the Establishment Clause by conferring rights on religious institutions that do not exist for secular land users and whether local governments should be subjected to monetary damages for rendering quasi-judicial decisions.

Disparate Impact: The Civil Legal System and Communities of Color

The case has been made over the past few years about how the criminal justice system has harsher impacts for individuals of color from policing, to bail decisions to sentencing. What has often been overlooked is what role the civil justice system has in perpetuating structural racism with harshest outcomes for Black and Brown litigants. This workshop will delve into the disparate impacts within civil legal issues and discuss possible remedies for lawyers and judges to consider.

District Court Civil Trial Do’s and Don’ts: A Conversation with a Judge and Two Litigators

This program would help practitioners know what to do and what not to do when trying civil cases. The program would explain and demonstrate the importance of preparation. It would also go over the best ways to get your evidence admitted, demonstrate effective direct examinations and crossexaminations, and teach practitioners what to highlight and not highlight in their closing arguments.

Early Case Assessments in Commercial, Employment & Personal Injury Disputes

“Most attorneys and clients understand early resolution of litigation saves time and money. Nonetheless, clients and counsel need information about the nature of the dispute to determine if and when they will engage in settlement discussions. Early case assessments can help clients gather key facts, identify important business or personal objectives, and assess the risks and costs of a litigated outcome. Early assessments can help clients make informed decisions and function as a practice management tool for counsel. Join experienced attorney-mediators Barry Gogel, Joyce Mitchell and Jeff Trueman, as they discuss the principles and particulars of early case assessments as they apply to commercial litigation, employment, and personal injury disputes.”

Effective Advocacy in Annapolis: A Look at the Legislative Process from the Inside

Former State Senators Bobby Zirkin and Allen Kittleman take an in-depth dive into the legislative process in Maryland. Sharing stories and experiences from their years in Annapolis, both in the house of delegates and in the state senate, the discussion will focus on the differences of each chamber, committee structure and leadership and the effect on bills. Zirkin and Kittleman will discuss the power of social media and immediate-response advocacy, and the election cycle and its legislative impact. This session provides a window into the real legislative process of Maryland law-making and begins to prepare you to be an effective advocate for legislative change.

Ethical Considerations On the Use of Artificial Intelligence in the Practice of Law

The legal profession is undergoing a transformation driven by the rapid adoption of artificial intelligence (“AI”). Traditional legal practice as characterized by rote document drafting and review is becoming obsolete while AI is creating entirely new categories of legal work and giving lawyers powerful tools with which to address previously intractable legal issues. Timely adoption of AI inside today’s legal practice will be essential for attorneys trying to keep pace with clients and organizations now operating at Internet speed and cloud computing scale. Nonetheless, these changes will require attorneys to face new ethical issues in deciding how much autonomy the AI can be given and whether and to what extent the new legal AI can be trusted!

First Effects of the Biden Administration on the IP Landscape

This presentation will highlight the impact of the Biden Administration on the intellectual property landscape in early 2021. After the mixed effects of America Invents Act (AIA) from the Obama administration and the Trump Administration’s confirmation of Andrei Iancu as Director of the USPTO, what is the Biden Administration doing next? In the wake of a still-raging pandemic, pressure to fast-track medical solutions may inspire long-lasting shifts in the global intellectual property framework in the forms of a proposed waiver to the TRIPS Agreement and renewed interest in compulsory licensing. The DEFEND Act, proposed by Kamala Harris, suggested that the Biden Administration may take a strong stand against international trade secret theft, but proposed legislation to eliminate employee non-compete clauses suggests that domestic trade secret protection may get weaker. This presentation will take a bird’s eye view of the first effects of this new administration, including the ways in which it has dismantled or built on the achievements of its predecessors.

From Hack to React: Cybersecurity Crisis Management for Lawyers

In 1987’s Wall Street, Gordon Gekko said “the most valuable commodity I know of is information.” There is no greater repository of sensitive information than today’s practicing attorney. From M&A activity to patent filings, attorneys hold their clients’ crown jewels in their hands – and often on a laptop that goes missing in an airport lounge. Attorneys have an ethical duty to protect this information, but where to begin? Good cybersecurity starts with an assessment, a response plan and constant training.

Getting and Keeping Your Best: Recruiting and Retaining a Diverse and Inclusive Staff

This program will feature panelists from various sectors–private law firms, corporations, government and public interest–all of whom will discuss their practices and philosophies for not only attracting, but also retaining talent that represents many identities and backgrounds. While much of the focus in the legal community is on diverse recruitment and building pipelines into the profession, there is less focus on structuring work environments around equity and inclusion. The latter will be the focus of the D&I Committee’s panel.

Have You Thought About Your ADR Practice Post-COVID?

A discussion of the top ten methods and technology solutions you are implementing during COVID-19 that will continue after the pandemic. Prior to the Annual Conference, the MSBA ADR Section Council will partner with another MSBA Section and survey our members based on categories and to engage in a discussion of what has worked in our practices during the pandemic and what has not. The discussion will include an overview of Online Dispute Resolution.

How Attorneys Get the Best Results for Their Clients in Mediation

The old adage that a good settlement means both parties are unhappy really isn’t true. Many mediations present an opportunity to resolve your case with a great result. As a 30+ year civil litigator and a 20+ year mediator, I have participated in hundreds of mediations, both as counsel and as the mediator. Over the years I have seen and taken note of what works for attorneys to get the best results for their clients in mediation and, just as importantly, what does not work. This program consists of a number of practical tips to help attorneys succeed for their clients when they go to mediation.

Justice for the Middle: Matching Marylanders with Affordable Family Law Attorneys

While the positive impact of representation is clear, many Marylanders can neither afford feebased representation nor do they qualify for free legal help. As a result, approximately 80% of family law cases in Maryland have at least one unrepresented party at trial. Using JusticeReferrals. org, an online client referral platform, Civil Justice is narrowing the justice gap by matching Marylanders in family law disputes with affordable representation. Join us to learn more about this promising project and share ideas for the future.

Law Firm Liability Under the Medicare Secondary Payer Act

This is a resubmission of the program selected for the cancelled 2020 conference discussing relatively unknown liabilities facing law firms representing Medicare beneficiaries in personal injury and workers’ compensation settlements. Since the cancelled conference date, the Department of Justice settled with yet another local law firm, the Angino Law Firm in Harrisburg, for failing to reimburse Medicare in 2017 med mal settlement. All government cases pursuing law firms for reimbursement, rather than the insurers or Medicare beneficiaries in receipt of settlement funds themselves, have originated out of DOJ offices in only Maryland and Pennsylvania so continues to be particularly troublesome for MSBA members. This program again offers to explain how and why representative attorneys have personal liability under the Medicare Secondary Payer Act for the debts of their clients and offer firm management methods for avoiding the same, particularly in how to establish programs as were required by the DOJ in the earlier settlements. Please refer to last year’s schedule for the program description.

Lawyering From Home: A Discussion on Ethics, Technology and Life Balance

A forum providing the perspectives of in-house counsel and private practice attorneys as they grapple with the new challenges of practicing law during the COVID-19 pandemic and beyond. Ethical issues to be examined include holding client consultations via Zoom and handling confidential documents in a virtual and ever-moving environment, among others. Technology issues may include purchasing sophisticated systems that can be accessible by even small or mid-sized firms, along with security protocols and procedures to help minimize risk and violations of the Maryland Rules of Professional Conduct, among others. Life Balance issues to be reviewed will include the unique challenges associated with working from home long term, especially with other family members doing the same, along with strategies to help improve work-life balance. Many of these changes that evolved during the health crisis may be here to stay, so securing the proper technology systems and training in place now can help practitioners achieve success.

Legal Issues with Social Media and How to Manage Those Risks

Despite many benefits social media offers companies, many risks arise when employees utilize these tools. For example, employees may make comments that bring negative publicity to the firm or company. In addition, there is potential liability for discrimination, defamation, invasion of privacy, unlawful harassment, misappropriating trade secrets and other confidential information, and retaliation, among other things. Employees also may claim they own social media accounts or the content of such accounts that are business related. To help manage these risks, a company should implement an effective social media policy and educate its employees on the parameters of the policy.

Legal Rucksack to Serve Veteran Clients

This program will give an overview of services and resources available to veteran clients. Such services include Family Law, Criminal/Veterans Treatment Dockets, SCRA and consumer law protections, Public Benefits, Security clearances, USERRA, and access to Military Review Boards. The presentation will include practitioners who are also veterans or service members, and relevant materials to be shared.

Lessons from the Ethics Hotline - Help when you need it

The program will try to create an interactive program that discusses frequently asked and other tricky questions that the committee receives as part of its work on the Ethics Hotline. The panel will include members of the committee and we anticipate will include Bar Counsel. As one of the benefits of membership in the MSBA a program on the Ethics Hotline highlights the value of the MSBA to its members.

Litigating Wrongful Conviction Cases in Maryland

Thanks in large part to the tireless efforts of conviction integrity units, innocence organizations, and law school clinics, exonerations across the country are on the rise. In the past few years alone, at least 10 innocent Marylanders have been freed after spending a combined 265 years wrongfully incarcerated. This program will provide an overview of the legal issues involved in litigating cases on behalf of exonerees. The program will focus on recent successful efforts to obtain compensation for exonerees through the Maryland Board of Public Works and separately through civil rights litigation. Topics will include the unique challenges in litigating often decades-old cases, the available causes of action, common defenses, indemnification, and the unique damages evidence.

Litigation Strategy and Technology Skills for the Business Attorney Managing a Partnership Dispute

Members of Silverman Thompson’s business litigation group will present on corporate, partnership and limited liability company disputes. The discussion includes a review of common types of stockholder/member/partnership-related disputes and how technology transforms the manner in which these disputes are investigated and litigated. The panel offers practice tips regarding ESI, e-discovery, spoliation, and protection of trade secrets, among other things. Finally, seasoned litigators will discuss the benefits of technology in trial preparation and how you can maximize the impact of your evidence in the courtroom.

M&A Deal Structures

This presentation would provide the basics of what an in house counsel or business advisor would need to know regarding deal structures for mergers and acquisitions.

Moving Forward in the Time of COVID-19 and Beyond

The program consists of 4 panelists and 1 moderator who will share their perspectives on practicing ADR during the pandemic and what we have learned to do differently in the future after the pandemic. Participants will address the following topics: (1) general cultural influences on ADR practice, including social media, political affiliations, and restrictions caused by COVID-19; (2) impact of technology on ADR practice; (3) changes in ADR practice from the “cancel culture”; (4) ethical challenges related to cultural shifts; and (5) new tools for ADR practitioners that may be useful in a post-pandemic world.

Point-Counterpoint: Technology and the law firm of the future

“The 2020 pandemic rapidly accelerated lawyers’ adoption of new technologies and led to significant changes in the practice of law. However, many of these changes (and other tech innovations) have long been championed by some lawyers, while others have been vocal in their skepticism. What was, and what will be, the impact of emerging technologies on the actual justice of our justice system? Topics will include data security, remote practice, automation, specialization, targeted marketing, and decision-making algorithms. The panel will give some conditional prophecies about changes they see coming for the profession, and lead a friendly debate (with audience participation) on the question - is this where we want to go?”

Pretext at Summary Judgment

Pretext is often the critical issue at summary judgment in many employment claims. Attendees will learn how to prepare an employment case, from an employee and employer perspective, for the pretext question at summary judgment.

Public Health Law: The Value of Legal Resource Centers

The Legal Resource Center for Public Health Policy and the Network for Public Health LawEastern Region, both housed at the University of Maryland Carey School of Law, provide free legal technical assistance to state and local public health officials, legislators, advocacy organizations, researchers, and others working to improve the public health through law and policy change. The demand for technical legal assistance has increased exponentially during the COVID-19 pandemic on issues such as state and local government emergency powers, mask mandates and business closures, vaccine distribution and employer vaccine mandates, and legal protections for public health officials. We recently launched an Eviction Prevention Project providing advice and limited representation to tenants at risk of eviction and plan to develop policy solutions to the chronic issue of housing insecurity. Our presentation would highlight the need for maintaining legal resource centers dedicated to public health related issues, discuss the extent of our technical assistance along with specific instances where our legal analysis has made real difference, encourage attorneys to provide pro- or low-bono services in public health to enhance the coverage, and offer the Network’s services to train and educate attorneys in public health practice.

Pursuing a Better Investment Experience

We will discuss personal financial management and key principles to improve your odds of success. The achievement of long-term financial objectives is materially increased by creating a plan that fits your needs, your investment horizon, your risk tolerance, and capitalizes on the dimensions of expected return. We’ll discuss: • • • •

Considerations are specific to attorneys The importance of managing expenses, turnover, and taxes Methods of staying disciplined through market swings A frank discussion of the financial advisor terrain and what that means to the individual investor when it comes to cost

Racism, Sexism & Ethics in the Legal Profession

Are lawyers’ ethics rules enforceable to condemn race and gender bias by lawyers as unprofessional conduct? While Maryland lawyers ostensibly are bound by a black-letter prohibition of discriminatory bias when engaged in a professional capacity, that rule is viewed by some as an infringement on free speech; others among judges and lawyers appear uncertain as to the scope of their responsibilities neither to engage in discriminatory conduct nor to tolerate such unprofessional conduct. Current articles report that sexism and racism still affect the quality and character of justice in Maryland. Ethics rules connect non-discrimination principles to the foundation of our justice systems: “a commitment to equal justice under the law lies at the very heart of the legal system” (Md. R. Attorneys Rule 19-308.4 cmt.4).

Remote and Electronic Execution of Estate Planning Documents and How To Do It

In Maryland, there are pending legislative changes related to electronic wills and the remote notarization of estate planning documents, including the ratification of COVID-era remote executions, the authorization of future remote notarizations and revisions to the Revised Uniform Law on Notarial Acts (RULONA) to expressly permit Remote Ink-Signed Notarizations (RINs). We plan to discuss the state of the law after the conclusion of the legislative session. We also plan to address what issues practitioners have encountered with remote executions during COVID, particularly after October 1 when the Secretary of State instructed notaries that RINs were forbidden, as well as what other states may have rushed to enact in the wake of the pandemic.

Representing Federal Employees and Their Spouses in Divorce

Jessica Markham and Leslie Miller will present based on the contents of Jessica’s book, Representing Federal Employees and Their Spouses in Divorce: A Practical Guide, which is being published by the ABA in March 2021. The program will provide a one hour overview of the most popular pension systems (FERS, CSRS and Foreign Service) as well as information about the most important distinguishing factors of these pensions, including survivor benefits, return of contributions, supplemental benefits, and remarriage restrictions. We will also briefly discuss TSP accounts, and maintaining health insurance and life insurance.

Social Inflation & The Litigaiton That Follows

We will explore the phenomenon known as “social inflation” and its impact on claims and verdicts. Social inflation can broadly be described as the increase in the number and severity of insurance losses due to social factors. We plan to explore the concepts behind “social inflation” and the factors driving the cultural shift in society, and the various issues driving the current legal climate. Understanding these factors and their effects will allow attorneys and claim adjusters to better analyze claims, discover, defend and more accurately assess insurer’s risk of loss.

Stand by Me: Effective and Ethical Use of Paralegals, to Improve Productivity and Profitability

Paralegals can be an attorney’s best friend in the trenches of a courtroom, in managing a law practice, or in many other substantive areas of legal work. This program, put on by the MSBA’s Paralegal Task Force, will look at the role of the paralegal in legal practice, including what a paralegal is and is not allowed to do, and tips for attorneys to best navigate how to use paralegals to improve not just productivity but also profitability. We will also look at the ethical obligations of attorneys in responsibly and effectively working with paralegals.

Stories that Mediators Tell

“The MSBA ADR Section and Judge Steven Platt will present their own edition of “”Stories Mediators Tell”” modeled after the book with the same title and edited by Eric R. Galton and Lela P. Love. The panel of mediators bring decades of experience and stories that will be both entertaining and educational. The stories will include some fairly high-profile cases and some interesting, but not so high-profile, cases from which the panel of mediators have learned a lot. Their stories share advice on how to handle certain situations.”

Supreme Court Term in Reveiw

A distinguished panel will highlight the top cases of the Supreme Court’s term. They will summarize key cases decided by the time of the program and preview the Court’s remaining opinions. The panel typically consists of a Supreme Court practitioner, a law professor, and a journalist.

Tax Considerations for Businesses in Distress

“Based on the impact of COVID-19, the economy is projected to contract in 2021. Businesses are required to act quickly to reach the best possible outcome for its employees, stakeholders and owners. The webinar will cover available options and the tax implications for distressed companies. 1. Federal & State Responses to the Pandemic: CARES Act, Tax Incentives, PPP, Deferment of Tax, Etc. 2. Cancellation of Debt – Triggering Events, Tax Consequences 3. Debt Modification 4. Bankruptcy (Chapter 11 & Subchapter 5) 5. Tax Incentives, Grants, Loans, Etc.”

Tax Planning for the Future

With a power shift in government, the webinar will cover strategies learned during COVID-19 and planning for the future. How to utilize federal and state programs to maximize and safeguard business operations.

The Biden Administration and Agriculture: what should farmers and their representatives expect to happen in the new administration?

The Biden Administration is signaling a significant departure on agricultural issues from the last four years. Hear from the experts on how these policy and legal changes will affect farmers and ranchers. Impacts on the agriculture community translate to impacts on consumers and the nation. Topics will include environmental regulation, federal farm programs, trade policy, labor, and more.

Three C’s of Leading Remote Teams in Uncertain Times: Connecting, Communicating and Culture This session provides practical and timely guidance to connect and engage with employees when working remotely during times of upheaval and beyond. Whether you manage a law practice, advise clients on workplace issues, or are growing your own professional leadership, participants will learn how to supervise for performance, manage risk effectively, and thrive through the dual lenses of human resources and employment law.

Use of Artificial Intelligence and Other Emerging Technologies in Criminal Cases

This program will discuss use of emerging technology such as fitness apps, fit bits, pacemakers, and smart thermostats to prosecute and defend criminal cases, Daubert challenges to the use of such technology, and authentication issues attendant with the introduction of such evidence. The Honorable Paul W. Grimm will bring his expertise on electronic evidence to the program and Derek Stikeleather will discuss the effects of the Court of Appeals’ adoption of the Daubert standard on evidnece gained through the use of emerging technology.

Using Chapter 13 to Help Clients Protect Against or Benefit From a Real Property Tax Sale – Tax Sales Demystified!

This program will focus on using Chapter 13 to help clients who are dealing with real estate tax sales. We will go over the tax sale process briefly and then focus on how bankruptcies can help individuals cure these debts and maintain ownership in their home. The presentation will feature speakers from all the perspectives in these cases, the Debtor, the Trustee and the tax sale purchaser.

Virtual Reality Experience of Alzheimer’s Disease

Susy Murphy, of Debra Levy Associates, will give a virtual reality presentation to show the effects of Alzheimer’s Disease on the brain.

Walking (Through) Plank: Solving Maryland’s ‘Breach of Fiduciary Duty’ Puzzle

By its own admission, the Maryland Court of Appeals had struggled for 23 years to articulate a coherent “breach of fiduciary duty” doctrine. A series of high court opinions handed down in and after 1997 led the Court of Special Appeals to subsequently issue three inconsistent categories of rulings of its own: (i) those holding that no standalone cause of action exists for breach of fiduciary duty, (ii) those holding that the claim exists but can yield only equitable relief, and (iii) those stating that the claim MIGHT exist but not necessarily restricting the types of relief available. Adding to the confusion was a somewhat different interpretation offered by the United States District Court for the District of Maryland. This program analyzes both this tortured history and the Court of Appeals’s largely successful effort in Plank v. Cherneski, 469 Md. 548 (2020) to synthesize prior rulings and blaze an understandable path forward.

Witness Preparation from Soup to Nuts

Witnesses are often critical to the success of your case. This program explores how to find witnesses, question them, preserve testimony, prepare them for trial and deposition and make sure they show up! It will also explore ethics in dealing with witnesses, including former employees.

Working with Members of the LGBTQ Community

This session will focus on creating a welcoming environment for members of the LGBTQ community. Learn how to speak with LGBTQ individuals without causing offense, understand how their life experiences and legal needs may differ, and identify ways to avoid unintentional bias. Strategies for reaching out to this underserved community are also discussed in a practicedevelopment context. Participants will leave the session prepared to work with same-sex couples and other LGBTQ clients with new understanding and confidence.

Your Money or Your License

Legal ethics attorney Irwin Kramer will show you how to have both – building a profitable practice while complying with a maze of regulations that have cost other lawyers their careers. In this session, we’ll show you the nuts and bolts of managing your attorney trust account, show you how to avoid ethical traps that may threaten your license, and discuss ways to handle billing questions, retainers, fee disputes and a range of other practical issues. This program will review what they didn’t teach you in law school, so you may graduate with a firm understanding of how to manage money in the practice of law.

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Published June 3, 2021

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