SPRING CLE. Breaking Developments in Criminal Practice MAY 15, 2015

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1 SPRING CLE Breaking Developments in Criminal Practice MAY 15, 2015 Hyatt Regency San Antonio 123 Losoya Street San Antonio, TX The conference, co-sponsored with the Federal Defenders of The Western District of Texas, will cover a wide range of topics including e-discovery; economic crimes sentencing and restitution; the 4th Amendment in the digital age; criminal cases in the U.S. Supreme Court; ethical dilemmas and more.

2 Friday, May 15, :30 a.m. Registration/Check-In; Complimentary Breakfast 8:20 8:30 a.m. Welcoming Remarks Cynthia Hujar Orr, Chair, ABA Criminal Justice Section, Goldstein, Goldstien & Hilley, San Antonio, TX Allan K. DuDois, President-Elect, Texas State Bar Association Judge Xavier Rodriguez, U.S. District Court, San Antonio, TX 8:30 9:30 a.m. What the Hell Is a Terabyte?! Or Conquering the Technical Challenges of E-Discovery Competently and Ethically This panel will arm practitioners with ethical guidelines and practical tips to: 1) fulfill the duty to preserve; 2) balance transparency, cooperation and candor with zealous advocacy; 3) manage both high volumes of ESI and the staff needed to wade through it; 4) gain competency in state-of-the-art e-discovery technologies; and 5) responsibly use social media to enhance discovery. Moderator: Judge Xavier Rodriguez, U.S. District Court, San Antonio, TX Speakers: Ron Hedges, Former U.S. Magistrate Hackensack, NJ Kiran Raj, US Department of Justice, Washington, DC Jeff Shaffer, Manager, PwC Advisory Services, Dallas, TX 9:30 10:45 a.m. The Fourth Amendment in the Digital Age Is the third party record doctrine an anachronism? How do we define Fourth Amendment protections in the context of digital communications, computing, and digital law enforcement techniques? Does the fact that private industries gather big data; defeat everyone s expectation of privacy? This panel will attempt to answer these questions and address how the answers affect defense counsel s approach to investigations and trial prep. 10:45 11:00 a.m. Coffee/Tea Break Moderator: Stephen A. Saltzburg, George Washington Law School, Washington, DC Speakers: Gerald Goldstein, Goldstein Goldstein & Hilley, San Antonio, TX Janet Levine, Crowell & Moring, Los Angeles, CA Sarah Q. Wirskye, Meadows Collier, Dallas, TX 11:00 a.m. 12:15 p.m. Economic Crimes Sentencing & Restitution The United States Sentencing Commission is considering amendments to the federal sentencing guidelines for economic crimes, an ABA Criminal Justice Section Task Force recently completed work on an alternative guideline for such cases, and the U.S. Justice Department has objected to any revisions that would cut sentences for white collar crimes. This panel will discuss the Commission s proposals, the work of the ABA Task Force, and DOJ s objections, as well as recent trends and strategies in the sentencing of federal economic crimes, including issues involving restitution. Moderator: Morris Sandy Weinberg Jr., Zuckerman Spaeder, Tampa, FL Speakers: Harold Gurewitz, Gurewitz & Raben, Detroit, MI Margaret Leachman, Asst. U.S. Attorney, San Antonio, TX Montgomery Unruh, Federal Probation Officer, Austin, TX

3 12:15 1:30 p.m. Luncheon Keynote Remarks - Anything But Routine: Discovery Can Save Lives! Michael Morton, Exonoree & Author of Getting Life: An Innocent Man's 25 Year Journey From Prison to Peace, Introductions, Introductory Remarks Robert Cary, Williams & Connolly, Washington, DC 1:30 2:45 p.m. Racial Profiling On the Streets, in Court, Even at Your Law Office Expert panelists will discuss the effects of unconscious negative associations, also known as implicit bias, on the different facets of the criminal justice system, including defender and prosecutor s offices. Speakers will unravel the mystery of the brain science behind implicit bias, and drill deep into the issue of unconscious racial profiling. how it affects case outcomes from police investigations to juries, and how it to spot and counter its effects on defendants, witnesses, victims, our co-workers and ourselves. Moderator: Judge Bernice Donald, Sixth Circuit Court of Appeals, Memphis, TN Speakers: Wayne McKenzie, General Counsel, NYC Dept. of Probation, New York, NY Judge Mark W. Bennett, U.S. District Court, N.D. Iowa 2:45 3:00 p.m. Coffee/Tea Break 3:00 4:00 p.m. Update on the Supremes This panel will engage in a spirited review of the criminal cases that came before the U.S. Supreme Court during the current term, including cases examining: the Armed Career Criminal Act, the Fourth Amendment, traffics stops, the forced accompaniment provision of 18 USC 2113, drug protocols in executions, ADA requirements during arrests, controlled substance analogues, and the right of indigent defendants to obtain funding for mental retardation evaluations to aid in their defense at the penalty stage. Speakers: Timothy Crooks, Chief, Appellate Section, Federal Public Defender s, Houston, TX Judy Madewell, Assistant Federal Public Defender, San Antonio, TX Magistrate Judge Henry Bemporad, U.S. District Court, W. D. Texas San Antonio, TX 4:00-5:15 p.m. Fundamental Ethical Dilemmas Arising in Federal Criminal Defense This presentation will address selected ethical dilemmas facing both prosecutors and defense attorneys in a variety of criminal cases. Panelists will examine the relevant rules of ethics and laws from various jurisdictions, and apply them to realistic scenarios gleaned from their own practices. This moderator will challenge the audience to think critically about practice pitfalls and come away empowered to provide the best possible representation for their clients.w Moderator: H. Michael Sokolow, 1st Asst. Federal Public Defender, Houston, TX Speakers: Donna Coltharp, Deputy Federal Public Defender, San Antonio, TX John Convery, Hasdorff & Convery, P.C., San Antonio, TX Maureen Franco, Federal Public Defender,,San Antonio, TX 5:15-5:30 p.m. Closing Remarks Nico La Hood, Bexar County District Attorney, San Antonio, TX 5:30 7:00 p.m. Reception at the Briscoe Western Art Museum (210 W Market St, San Antonio walking distance on the Riverwalk)

4 Registration Information Please Print: Full Name: Organization/Business: Address: City/State/Zip Code: Telephone: I will require ADA assistance: Audio Mobile Visual Other Fee Schedule (Includes Lunch & Reception): FREE Federal Public Defender s Office staff FREE -- CJA Panel Attorneys $125 Full Day Rate Non Members $95 Full Day Rate Early Bird (Register by March 31, 2015) $75 Full Day Rate ABA Criminal Justice Section Members OR SACDL members $35 Full Day Rate Full-time Law Student Your Total: $ Payment Information: Please make checks/money orders payable to the ABA or fill in the credit card info below: Master Card Visa American Express CARD NO: EXPIRATION DATE: / 3-DIGIT SECURITY CODE: NAME ON THE CARD: CARDHOLDER S SIGNATURE/DATE: Mail to: ABA Criminal Justice Section, 1050 Connecticut Avenue, N.W. 4th Flr. Washington, DC Attn: Regina Ashmon Fax to: 202/ Cancellations must be received by Wednesday, April 15, 2015 in order to receive a refund. Substitutions are allowed. Cancellations are subject to an administrative fee of $25, except for law students. Please contact Regina Ashmon at or americanbar.org with any questions or concerns. MCLE INFORMATION The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH,NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 7.5 CLE credit hours in 60-minute states, and 9 credit hours in 50-minute states, including 1.25 Ethics credit hours in 60-minute states, and 1.5 Ethics credit hours in 50-minute states.. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or attorney self-submission in other states. For more information about CLE accreditation in your state, visit mandatory_cle.html or contact Limited scholarships are available for this program. For more information, please contact Carol Rose.

5 Hotel Information Official Conference Hotel: Hyatt Regency San Antonio 123 Losoya Street San Antonio, TX The ABA Criminal Justice Section is holding a block of sleeping rooms at the Hyatt Regency San Antonio. The rate is $159 Single/Double, and limited government rated rooms are available. Please make reservations directly with hotel by calling 888/ or at https:// resweb.passkey.com/go/barassn2015 by Monday, April 20, 2015 at 5:00 EST.

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