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AUSTRALIAN BAR ASSOCIATION CONFERENCE CHICAGO 26 – 29 JUNE 2007 CONFERENCE HANDBOOK PROUDLY SPONSORED BY PRINCIPAL The ABA is pleased to acknowledge the continuing support of the Conference’s major sponsor – Suncorp. As members of the SPONSOR ABA are aware, Suncorp is the leading provider of personal and professional insurance products and services to members of the ABA on a national basis. The long association of Suncorp with the Australian Bar has led to special benefits being available to members in respect of insurance, superannuation and banking. This close relationship has been evidenced again by Suncorp being the Conference principal Sponsor for the sixth time. Peter Steele is representing Suncorp at the Conference and would be pleased to assist you with any enquiries you might have. SPONSOR We welcome back as a sponsor this year – Wilson HTM – a national investment and advisory group for the private and corporate markets. Andrew Fleming and Ross Noye are representing Wilson HTM at the Conference and would be pleased to assist you with any enquiries you might have. Tulips in Chicago Welcome to the Australian Bar Association Conference Chicago 2007 In this handbook you will find general information about the Conference, the Conference Program, Speaker profiles and a list of those attending. If you have any inquiries about the Conference or tours or travel requirements please ask at the Registration and Information Desk. Glenn Martin S.C. Conference Chairman Welcome3 REGISTRATION AND INFORMATION DESK The Registration and Information desk will be located in the Florentine Room, Mezzanine Level of the Drake Hotel and will be open at the following times: Tuesday, 26 June 1200 - 1600 Wednesday, 27 June 0830 - 1500 Thursday, 28 June 0830 - 1500 Friday, 29 June 0830 - 1100 NAME BADGE You will be required to wear your name badge to obtain entry to The Drake Hotel the Official Opening, while at the Business Sessions and the Gala Dinner. OFFICIAL OPENING AND RECEPTION The Conference will be opened by Chief Judge James Holderman in the Grand Ballroom of the Drake Hotel commencing at 1730. All delegates and accompanying persons are welcome to attend the Opening Address. Immediately following the Opening Address, a Cocktail Reception will be held in the Hotel’s elegant Drake Room. Dress: Business BUSINESS SESSIONS Business sessions will be conducted in the Walton Room, Lobby Level of the Drake Hotel. Dress: Smart Casual CONFERENCE LUNCHEONS Conference Luncheons will be held in the Drake Room of the Hotel. Luncheon will be served between 1230 and 1400. CONFERENCE DINNER The Conference Dinner will be held in the magnificent Gold Coast Room of the Drake Hotel. The Dinner will commence at 1900 for 1930. Dress: Black Tie Chicago’s Gold Coast TOUR BOOKINGS Tours can be arranged by contacting Ruth Carlton at the Registration and Information Desk located in the Florentine Room, Mezzanine Level of the Drake Hotel. DRESS The dress for the Opening Reception is business attire. For all Business Sessions the dress is smart casual. The dress for the Gala Dinner is Black Tie. 4 2007 PROGRAMME TUESDAY WEDNESDAY THURSDAY FRIDAY 0900 - 1030 Judge Posner Justice Crennan Mm Justice Abella Not a Suicide Pact: The Scepticism and Judicial Pursuing Justice in the Constitution in a Time of Method 21st Century National Emergency Robert Clifford Judge Mikva Working with the Media Origins of Original Intent Patrick Fitzgerald in High Profile Cases Lee Epstein Prosecuting Terrorism The Appointment of Trials Federal Judges in the United States 1030 - 1100 Morning Tea 1100 - 1230 Tina Tchen Tempus Fugit: Practical Regulation and Deposition Tips from the Tips for Trying a Case Independence Trenches against the Clock. Geoffrey Vos QC Stephen Schwab Judge Conlon Roy Martin QC Experts – When Victor Henderson Colin Carruthers QC they’re called and the R Preparation of their E Evidence G 1230 - 1330 I Lunch S 1330 - 1500 T Joseph Bisceglia Jim Raymond R Mediation in Complex Written Advocacy: A Matters Giving Judges what T William Neukom they Crave. I The Importance of Ian Harris O the Rule of Law and Law Actors: N Intellectual Property What they do Rights in the Economy of the 21st Century 1730 - 1800 Opening Chief Judge Holderman 1800 - 2000 Reception Conference Dinner 1900 for 1930 VENUES • Official Opening - Grand Ballroom • Opening Reception - Drake Room • Business Sessions - Walton Room • Conference Dinner - Gold Coast Room 5 SPEAKERS, TOPICS AND SESSIONS Tuesday 26 June 1730 Chair: Stephen Estcourt Q.C. Chief Judge James Holderman Chief Judge Holderman will open the Conference. He has been a United States District Judge in Chicago since 1985 and was named Chief Judge of the U.S. District Court for the Northern District of Illinois in July, 2006. During his tenure on the bench, Judge Holderman has presided over numerous cases in all areas of federal jurisdiction, including intellectual property cases. He has also served by designation as a judge of the United States Court of Appeals for the Chief Judge Seventh Circuit. James Holderman 1800–2000 Opening Reception Wednesday 27 June 0900 Chair: The Hon. Justice Tracey The Hon. Judge Richard Posner Not a Suicide Pact: The Constitution in a Time of National Emergency Judge Posner was appointed in 1981 as a judge of the U.S. Court of Appeals for the Seventh Circuit. He served as Chief Judge of that court from 1993 to 2000. Judge Posner is an unusual combination of a pragmatist in philosophy, a classical liberal in politics, and an economist in legal methodology. A 2004 poll by Legal Affairs magazine named Posner as one of the top twenty legal thinkers The Hon. Judge in the U.S. A prolific author of articles and books on a wide range of topics Richard Posner including the 2000 presidential election recount controversy, President Clinton’s scandalous affair with Monica Lewinsky and his resulting impeachment procedure, and the 2003 invasion of Iraq. His analysis of the Lewinsky scandal cut across most party and ideological divisions. Posner’s greatest influence is through his writings on law and economics — The New York Times called him “one of the most important antitrust scholars of the past half-century”. Patrick Fitzgerald Prosecuting Terrorism Trials United States Attorney for the Northern District of Illinois After being in private practice, Fitzgerald became an Assistant United States Attorney in New York City in 1988. He handled drug-trafficking cases and in 1993 assisted in the prosecution of Mafia figure John Gotti, the boss of the Gambino crime family. In 1994, Fitzgerald became the prosecutor in the case against Sheikh Omar Abdel Rahman and 11 others charged in the 1993 World Trade Center bombing. (continued next page) Patrick Fitzgerald 6 In 1996, Fitzgerald became the National Security Coordinator for the Office of the U.S. Attorney for the Southern District of New York. There, he served on a team of prosecutors investigating Osama bin Laden. He also served as chief counsel in prosecutions related to the 1998 U.S. embassy bombings in Kenya and Tanzania. On December 30, 2003, Fitzgerald was appointed Special Counsel in the Plame investigation. In October 28, 2005, Fitzgerald brought an indictment for 5 counts of false statements, perjury, and obstruction of justice against Lewis “Scooter” Libby, U.S. Vice President Dick Cheney’s Chief of Staff. The trial of those indictments recently concluded. Lewis was convicted on four counts. 1030 Morning Break 1100 Chair: Martin Daubney S.C. Tina Tchen Deposition Tips from the Trenches Partner, Skadden Arps, Chicago. Ms. Tchen has represented companies, officers and directors in shareholder class and derivative actions, including Sprint Corporation, Abbott Laboratories, USN Communications, Inc., Centel Corporation, Zenith Electronics Corporation, GATX Corp., Borg-Warner Corporation, Bally Manufacturing Corporation, Tina Tchen Santa Fe Corporation, William Blair & Company, and The Mitchell Company. She has represented several clients such as Health Net, Inc., Ameritech, Chorus Communications, Heller Financial, Inc., Sara Lee Corporation and CTS Corporation in acquisition-related litigation, including injunction, fraudulent conveyance, breach of contract, and corporate governance actions. She has tried cases in bankruptcy on behalf of Comdisco, Inc., and Kmart Corporation. Depositions can be the true trench warfare of litigation. While few cases get to actual trial. Most get at least to the deposition stage. As a result, depositions can be the only battleground where litigators engage in face- to-face live-action combat, with witnesses, court reporters, and clients on hand. And more often than not, the battle is recorded live on tape, not just on transcript, for posterity. How can you survive the battle, score points, and come out ahead? Stephen Schwab Experts – When they’re called and the Preparation of their Evidence. Partner, DLA, Chicago Stephen Schwab concentrates his practice in the areas of insurance and reinsurance regulation, transactions, dispute resolution, and receiverships. Mr. Schwab represents, serves and advises senior management of domestic and multinational stock, mutual and captive insurers and reinsurers, intermediaries, trade organizations, regulators, receivers (in 12 states) and receivership creditors in high profile disputes, innovative transactions, troublesome regulatory matters, strategic planning, reorganizations and restructuring, and Stephen Schwab receivership proceedings, and provides in-house training. Based on peer and client reviews, Chambers USA: America’s Leading Lawyers for Business cites Mr. Schwab as one of America’s leading insurance and reinsurance lawyers, ranking him in the first tier in Illinois in two areas of law, reinsurance litigation and insurance transactions 2001-2007. He also is listed by Best Lawyers in America 2006 & 2007; The International Who’s Who of Business Lawyers - Insurance and Reinsurance 2003-2006; Guide to the World’s Leading Insurance & Reinsurance Lawyers Euromoney 2000-2006; The Leading Lawyers Network 2006 (commercial litigators category); In Brief (London); Illinois Super Lawyer 2005-2007; and rated AV by Martindale-Hubbell Law Directory.
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