Federal Practice Section Meeting April 20, 2016 6:00 p.m. – 8:30 p.m. Quinnipiac University School of Law Hamden, CT CT Bar Institute, Inc. CLE Credit 2.0 Hours No representation or warranty is made as to the accuracy of these materials. Readers should check primary sources where appropriate and use the traditional legal research techniques to make sure that the information has not been affected or changed by recent developments. Lawyers’ Principles of Professionalism As a lawyer I must strive to make our system of justice work fairly and Where consistent with my client's interests, I will communicate with efficiently. In order to carry out that responsibility, not only will I comply opposing counsel in an effort to avoid litigation and to resolve litigation with the letter and spirit of the disciplinary standards applicable to all that has actually commenced; lawyers, but I will also conduct myself in accordance with the following Principles of Professionalism when dealing with my client, opposing I will withdraw voluntarily claims or defense when it becomes apparent parties, their counsel, the courts and the general public. that they do not have merit or are superfluous; Civility and courtesy are the hallmarks of professionalism and should not I will not file frivolous motions; be equated with weakness; I will endeavor to be courteous and civil, both in oral and in written I will make every effort to agree with other counsel, as early as possible, on communications; a voluntary exchange of information and on a plan for discovery; I will not knowingly make statements of fact or of law that are untrue; I will attempt to resolve, by agreement, my objections to matters contained in my opponent's pleadings and discovery requests; I will agree to reasonable requests for extensions of time or for waiver of procedural formalities when the legitimate interests of my client will not be In civil matters, I will stipulate to facts as to which there is no genuine adversely affected; dispute; I will refrain from causing unreasonable delays; I will endeavor to be punctual in attending court hearings, conferences, meetings and depositions; I will endeavor to consult with opposing counsel before scheduling depositions and meetings and before rescheduling hearings, and I will I will at all times be candid with the court and its personnel; cooperate with opposing counsel when scheduling changes are requested; I will remember that, in addition to commitment to my client's cause, my When scheduled hearings or depositions have to be canceled, I will notify responsibilities as a lawyer include a devotion to the public good; opposing counsel, and if appropriate, the court (or other tribunal) as early as possible; I will endeavor to keep myself current in the areas in which I practice and when necessary, will associate with, or refer my client to, counsel Before dates for hearings or trials are set, or if that is not feasible, knowledgeable in another field of practice; immediately after such dates have been set, I will attempt to verify the availability of key participants and witnesses so that I can promptly notify I will be mindful of the fact that, as a member of a self-regulating the court (or other tribunal) and opposing counsel of any likely problem in profession, it is incumbent on me to report violations by fellow lawyers as that regard; required by the Rules of Professional Conduct; I will refrain from utilizing litigation or any other course of conduct to I will be mindful of the need to protect the image of the legal profession in harass the opposing party; the eyes of the public and will be so guided when considering methods and content of advertising; I will refrain from engaging in excessive and abusive discovery, and I will comply with all reasonable discovery requests; I will be mindful that the law is a learned profession and that among its desirable goals are devotion to public service, improvement of In depositions and other proceedings, and in negotiations, I will conduct administration of justice, and the contribution of uncompensated time and myself with dignity, avoid making groundless objections and refrain from civic influence on behalf of those persons who cannot afford adequate legal engaging I acts of rudeness or disrespect; assistance; I will not serve motions and pleadings on the other party or counsel at such I will endeavor to ensure that all persons, regardless of race, age, gender, time or in such manner as will unfairly limit the other party’s opportunity disability, national origin, religion, sexual orientation, color, or creed to respond; receive fair and equal treatment under the law, and will always conduct myself in such a way as to promote equality and justice for all. In business transactions I will not quarrel over matters of form or style, but will concentrate on matters of substance and content; It is understood that nothing in these Principles shall be deemed to supersede, supplement or in any way amend the Rules of Professional Conduct, alter existing standards of conduct against which lawyer conduct I will be a vigorous and zealous advocate on behalf of my client, while might be judged or become a basis for the imposition of civil liability of recognizing, as an officer of the court, that excessive zeal may be any kind. detrimental to my client’s interests as well as to the proper functioning of our system of justice; --Adopted by the Connecticut Bar Association House of Delegates on June 6, 1994 While I must consider my client’s decision concerning the objectives of the representation, I nevertheless will counsel my client that a willingness to initiate or engage in settlement discussions is consistent with zealous and effective representation; Connecticut Bar Association Federal Practice Section James R. Smart and Patrick A. Klingman, Co-Chairs Brady v. Maryland Is Over 50 Years Old: Is it Ailing? What is the Cure? April 20, 2016 Quinnipiac University School of Law Panelists Leonard C. Boyle Robert M. Cary Nuala E. Droney Christopher W. Schmeisser Moderator Hon. Jeffrey Alker Meyer Planning Committee Nathan J. Buchok James K. Filan Robert M. Frost, Jr. Nathaniel J. Gentile Elizabeth A. Latif Joseph W. Martini Shelley R. Sadin Brian E. Spears Stanley A. Twardy Daniel E. Wenner 1 The Honorable Jeffrey Alker Meyer: Judge Jeffrey Alker Meyer was sworn in as a United States District Judge on February 28, 2014. He graduated from Yale College in 1985, served as a Fulbright Scholar in Ecuador, and then graduated from Yale Law School in 1989. After graduating from law school, Judge Meyer served as a law clerk for Chief Judge James L. Oakes of the United States Court of Appeals for the Second Circuit and for Associate Justice Harry A. Blackmun of the United States Supreme Court. Judge Meyer began his practice career in 1992 as a staff attorney with Vermont Legal Aid and later as a corporate litigator from 1993 to 1995 in Washington, D.C. From 1995 to 2004, Judge Meyer served as an Assistant United States Attorney with the United States Attorney’s Office in the District of Connecticut. He then served in New York from 2004 to 2005 as Senior Counsel to the Independent Inquiry for the United Nations Oil-for-Food Program in Iraq. From 2006 to 2014, Judge Meyer was a professor at Quinnipiac University School of Law, and from 2010 to 2014, he also served as a visiting professor at Yale Law School with the Yale Supreme Court Advocacy Clinic. Judge Meyer’s scholarship has focused on federal regulatory crimes as well as the extraterritorial application of United States law. His articles have appeared in the Georgetown Law Journal, the Minnesota Law Review, the Hastings Law Journal, the Pennsylvania Journal of International Law, and the Yale Journal of International Law. He presently co-teaches the Constitutional Litigation Seminar at Yale Law School. Leonard Boyle: Leonard Boyle served in the United States Attorney’s Office for the District of Connecticut for approximately 17 years. He was an Assistant United States Attorney and later held the positions of Chief of the Criminal Division and Counsel to the United States Attorney for Connecticut. Mr. Boyle also served as a Special Attorney to the Attorney General of the United States from 1999 through 2003. In this role, he investigated and prosecuted current and former law enforcement officials who had corrupt relationships with criminal figures in Boston, Massachusetts. In 2004, Mr. Boyle was appointed Commissioner of the Connecticut Department of Public Safety. He served in that role until 2007, when FBI Director Robert Mueller appointed him Director of the FBI’s Terrorist Screening Center in Washington, D.C. As Director of the Terrorist Screening Center, Mr. Boyle oversaw a staff of approximately 330 employees who were responsible for maintaining and distributing the United States Government’s consolidated terrorist watch list to federal, state, and municipal law enforcement agencies, the intelligence community, border and airline security agencies, and foreign partners. Mr. Boyle returned to Connecticut in 2009 when he was appointed Deputy Chief State’s Attorney for Operations. Mr. Boyle is an Adjunct Professor at the University of Connecticut School of Law. 2 Robert M. Cary: Robert Cary is a partner at Williams & Connolly LLP and Co-Chair of Williams & Connolly LLP’s Legal Malpractice and Ethics practice group. Born in Evanston, Illinois, Mr. Cary grew up in Hannibal, Missouri before attending Dartmouth, where he was a member of the football team. Mr. Cary spent a year as a paralegal at the D.C. office of White & Case before entering the University of Virginia School of Law, where he received his J.D.