AttorneysEd Center

In this essential program for lawyers practicing asset protection planning and estate planning law, Barry Engel and John Garland of Engel & Reiman pc discuss and analyze several potentially important new decisions, including: • Mortensen, the much-discussed decision by the United States Bankruptcy Court for the District of Alaska and what it really means; • In re Schwarzkopf, in which the Ninth Circuit Court of Appeals looks at, and applies, principles of fraudulent transfer law and alter ego in the trust context; • Dexia Credit Local v. Rogan, and the civil and criminal lessons to be learned from the case; and • Beaudin, which highlights important legal distinctions between fraudulent transfers on the one hand, and conversions of property from non-exempt to exempt form, on the other.

While a lawyer’s actions and communications are generally thought to be privileged, there are some situations where that may not be the case. In this Ethics program, part of our series geared especially for insurance companies and their in-house counsel, Gene Weisberg explores attorney/client and attorney work product privilege issues involving insurance company-employed lawyers, including when lawyers are acting in a claims handling capacity and issues relating to whether pre-litigation and first party fraud investigation are protected.

In this installment of our new series geared especially for insurance companies and their in-house counsel, Gene Weisberg uses case studies to explore analyzing and investigating potentially fraudulent insurance claims. Topics include: • fraud warning signs • investigation tools and methods • evaluation of significant factors such as claims patterns and history • examination under oath and document request techniques • the importance of investigating suspected fraudulent claims thoroughly and objectively, equally exploring leads that prove a claim is valid and those that prove it is not.

Lou DiLorenzo, the Chair of Bond, Schoeneck & King’s Labor and Employment, Employee Benefits Practice and Immigration Group and Managing Partner of its New York City and Garden City Offices, discusses the ethical considerations and restraints involved in witness preparation (“horse-shedding” the witness). Topics include: • The Background: Formal ethical rules involved in witness preparation and/or the use or presentation of false testimony or documents, including ABA Model Rule 1.3, 3.3(b); the Restatement (Third) Concerning Lawyers, Sections 116, 120(1)(c); NY Rules of Professional Conduct 1.2; 3.3(a)(3), 3.4(a) (5), 8.4(b-d); cases and opinions; and the general ethical line between proper preparation and improper conduct • The Lecture: Advising a client on how the law applies to his or her testimony, the Abstract Permissible, timing of the lecture • The “Factual” Lecture: “Needed” facts minus the law • The Witness’ Words: Repackaging versus alteration • The Witness’ Looks: Modifying and shaping the witness’ appearance, demeanor, confidence • The Answers: “Not recalling”,

Since the Supreme Court’s decision in Bilski v. Kappos, the Federal Circuit and district courts have issued numerous—and sometimes conflicting—decisions (e.g., Research Corp. Technologies, Inc., CyberSource, Classen Immunotherapies) on what constitutes patentable subject matter. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP analyzes these decisions, seeks to discern a common thread of analysis, and predicts the next Supreme Court decision on the subject in Mayo v. Prometheus.

In closing arguments at trial, too many experienced attorneys simply retell the witness testimony without turning that story into an effective argument to persuade the jury. The recent Casey Anthony trial provides but another example of how an effective closing can impact the verdict. In this session of our series of programs on the key aspects of trial, Jones Day partners Tom Jackson and Mike Ginsberg focus on how to make the story of the trial come alive. View other programs in our Trial Skill Series: 2145- Effective Trial Opening Statements: Avoiding the Perils and Overcoming the Fears 2146- Keys to Dynamic Direct Examination at Trial—Telling the Story in a Compelling Fashion 2147- Cross Examination at Trial—Picking Your Fights NOTE: This

In this session of our series of programs on the key aspects of trial, Jones Day partners Tom Jackson and Mike Ginsberg discuss techniques for focusing the cross examination to emphasize witness credibility and factual conflicts. Keeping in mind the importance of developing the case theory through cross examination, our presenters cover identification of the issues on which to focus the cross, methods of approaching the cross examination, and techniques for maximizing the impact of the cross. View other programs in our Trial Skill Series: 2145- Effective Trial Opening Statements: Avoiding the Perils and Overcoming the Fears 2146- Keys to Dynamic Direct Examination at Trial—Telling the Story in a Compelling Fashion 2148- Closing Arguments at Trial—Pulling the Theme Together NOTE: This

In this session of our series of programs on the key aspects of trial, Jones Day partners Tom Jackson and Mike Ginsberg focus on techniques for organizing the direct examination to enhance the persuasiveness of the factual presentation by the witness. Too often, counsel are focused on the elements of the direct examination, but not on the order and manner of the presentation. Our presenters suggest organizational techniques, including the use of demonstrative aids, to enhance the presentation of direct testimony. View other programs in our Trial Skill Series: 2145- Effective Trial Opening Statements: Avoiding the Perils and Overcoming the Fears 2147- Cross Examination at Trial—Picking Your Fights 2148- Closing Arguments at Trial—Pulling the Theme Together NOTE: This course has been

Join us for the first part of a new series of programs focusing on the key aspects of trial, presented by Jones Day partners Tom Jackson and Mike Ginsberg. Opening Statements are the first, best chance to influence the jurors following jury selection, but far too often, experienced trial lawyers forego the chance to tell a compelling and convincing story in favor of a bland recitation of the order of witnesses and the facts they (or the evidence) will show the jury. This program will focus on ways to avoid that pitfall and to tell the client's story in a convincing fashion. View other programs in our Trial Skill Series: 2146- Keys to Dynamic Direct Examination at Trial—Telling the Story in a Compelling Fashion 2147- Cross Examination at Trial—Picking Your Fights

Jones Day attorneys Irene Fiorentinos and Josh Fuchs address the ethical challenges that corporate counsel and litigation counsel face in the course of e-discovery, and suggest solutions for those challenges, including: establishing practices for retention of electronically created records and information on company and third party sites; determining a reasonable scope for preservation of data; implementing best practices for collecting ESI; making appropriate vendor and outsourcing decisions; and complying with judicially-imposed cooperation principles.