Podcasts about aba standing committee

Today on the podcast, Robin and Lester interview Judge Alvin Wong, Georgia's first Asian American judge.   Guest Bio Judge Wong came to Richmond, Va. from Hong Kong when he was 14. His father enrolled him at Fishburne Military Academy in Waynesboro, Va., shook his hand and said he'd “see him next summer.” He followed a classmate from Fishburne to Auburn University without even knowing where it was. He graduated early and moved to Atlanta. He started taking night classes at John Marshal Law School and passed the Georgia Bar in 1976. He hung out a shingle and worked as a trial lawyer and then was a partner at Gambrell & Stolz (now Baker Donelson) for 20 years. Judge Wong was elected to the State Court of DeKalb County in 1999 and since his election in 1999, he's been reelected, unopposed, to six consecutive terms. With his election in 1999, he became the first Asian American judge in Georgia history. At that time, Asians made up less than two percent of registered voters in DeKalb County. In 2004, Judge Wong co-founded a DUI court to help people, calling it one of the most rewarding things he's done. He also sits on the board of the Lifeline Animal Project, a nonprofit that helps turn Atlanta animal shelters into no-kill shelters. He also brings to the courthouse Coco, a dachshund-chihuahua mix he rescued a decade ago. Jurors love to meet her after the trial is over. Judge Wong was elected by his peers in 2021 as president of the Georgia Council of State Court Judges, overseeing the entire state. His election marked the first time an Asian American served as president of any judicial council in Georgia. In 1993, Judge Wong and Professor Natsu Saito of Georgia State University Law School combed the State Bar Directory to find 10 attorneys to start an Asian American Bar Association. Today, the Georgia Asian Pacific Bar Association (GAPABA) has 750 members. In 2014, GAPABA named its top prize the “Judge Alvin T. Wong Pioneer Award”. It is given in his honor to a lawyer who demonstrates leadership to pave the way for the advancement of APA attorneys. He is the recipient of the 2017 Traditions of Excellence Award presented by the General Practice and Trial Section of the State Bar of Georgia. He received the 2022 Randolph Thrower Lifetime Achievement Award presented by the Committee to Promote Inclusion in the Profession of the State Bar of Georgia. Judge Wong serves the ABA Standing Committee on Ethics and Professional Responsibility – Judges Advisory Committee and as a Fernbank Museum of Natural History trustee and NAPABA (the National Asian Bar) Law Foundation board member, mentoring future leaders as co-director of its Thomas Tang National Moot Court Competition.

In this week's Security Sprint, Dave and Andy discussed the following topics: Warm Start  Palo Alto Command Injection Vulnerability in PAN-OS GlobalProtect 'Palo Alto Networks Releases Guidance for Vulnerability in PAN-OS, CVE-2024-3400 Zero-Day Exploitation of Unauthenticated Remote Code Execution Vulnerability in GlobalProtect (CVE-2024-3400) Volexity on GitHub Adding content for Palo Alto Networks GlobalProtect post Palo Alto Networks Security Advisories CVE-2024-3400 CVE-2024-3400 PAN-OS: OS Command Injection Vulnerability in GlobalProtect Palo Alto: Applying Vulnerability Protection to GlobalProtect Interfaces Compromise of Sisense Customer Data Brian Krebs: Why CISA is Warning CISOs About a Breach at Sisense Sisense customers told to reset credentials amid supply chain attack fears Risky Biz News: Sisense breach has CISA and everyone else panicking   Main Topics: Israeli war cabinet to meet again to consider response to Iran's attack o   Iran Issues Fresh Threat to U.S. o   US will not take part in any Israeli retaliatory action against Iran o   The Latest | World leaders urge Israel not to retaliate for the Iranian drone and missile attack o   U.S. details Pentagon's role in defending Israel from Iranian attack o   Analysis: Israel Repelled Iran's Huge Attack. But Only With Help From U.S. and Arab Partners.   Idaho Man Arrested for Attempting to Provide Material Support to ISIS Idaho teen arrested for allegedly plotting to attack church in name of ISIS What we know about Clenard Parker, the man accused of driving into a Brenham DPS office 'Obvious' Sydney killer targeted women - Australian police. Man who confronted attacker with bollard and other bystanders praised for heroic acts during Bondi stabbings. Stabbing rampage at Sydney mall leaves at least 7 dead, including attacker Sydney stabbing: Police say no ideological motivation English Tutor Identified as Mall Stabbing Attacker Left Behind Disturbing Facebook Post Sydney knife attacker Joel Cauchi 'had worked as male escort' before Bondi shopping centre stabbing False claims started spreading about the Bondi Junction stabbing attack as soon as it happened Posture Statement of General Timothy D. Haugh 2024. “ Beijing, Moscow, and Tehran increasingly use social media and state-sponsored disinformation sites, both overt and covert, to shape narratives and sow confusion..." Chinese nationalist trolls pretend to be Trump supporters ahead of US elections   Quick Hits: UK NPSA: Personal Safety and Security for High-Risk Individuals Delaware Woman Arrested for International Sextortion and Money Laundering Scheme LastPass: Hackers targeted employee in failed deepfake CEO call UNSW: World-first Cybercrime Index ranks countries by cybercrime threat level Google Insider Threat: https://www.justice.gov/opa/pr/chinese-national-residing-california-arrested-theft-artificial-intelligence-related-trade Director Wray's Remarks to the ABA Standing Committee on Law and National Security Russia thwarts planned terrorist attack on Moscow Synagogue Change Healthcare breach data may be in hands of new ransomware group Politico: Grassley knocks agencies slacking on cyber CISA & FBI: Transitioning to .Gov: Helping Mitigate Election Office Cybersecurity and Impersonation Risks CISA Directs Federal Agencies to Immediately Mitigate Significant Risk From Russian State-Sponsored Cyber Threat / CISA Issues Emergency Directive 24-02: Mitigating the Significant Risk from Nation-State Compromise of Microsoft Corporate Email System.  CDC Data Modernization Efforts Accelerate Nation's Ability to Detect and Rapidly Respond to Health Threats The Black Market That Delivers Elon Musk's Starlinks to U.S. Foes China's attacks on U.S. infrastructure aren't going anywhere Police Scour LockBit Ransomware Evidence, Turning Up 200 Leads TLP:CLEAR | FB-ISAO Newsletter Man on terror watchlist was released by Border Patrol

This week we're covering the range of national security law topics that have been making global headlines. Host Elisa is joined by Harvey Rishikof, Senior Counsel with the ABA Standing Committee on Law and National Security, to breakdown the latest national security law news out of Israel, China, Ukraine and Russia. Harvey Rishikof is Senior Counsel with the ABA Standing Committee on Law and National Security: https://drive.google.com/file/d/1AsBZ8upxe4Buq0tDtx-gdWDvebv4qTXz/view?usp=share_link References: NSLT Episode, "Understanding the International Criminal Court with Brian Egan." Jul 10, 2020: https://podcasts.apple.com/us/podcast/national-security-law-today/id1276946676?i=1000485211987 The Rome Statute: https://www.icc-cpi.int/sites/default/files/RS-Eng.pdf South Africa v. Israel. ICJ, Jan. 2024: https://www.icj-cij.org/sites/default/files/case-related/192/192-20240126-ord-01-00-en.pdf “Israeli Defence Minister Orders ‘complete Siege' on Gaza.” Al Jazeera, Al Jazeera, 9 Oct. 2023: www.aljazeera.com/program/newsfeed/2023/10/9/israeli-defence-minister-orders-complete-siege-on-gaza Jason Matheny audio remarks at the 33rd Annual Review of the Field of National Security Law Conference, "Emerging Technologies and Existential Risks": https://www.americanbar.org/groups/law_national_security/events_cle/33rd-annual-review-of-the-field-of-national-security-law-cle-conference/audio-recordings-33rd-annual-review-of-the-field-of-national-security-law-conference/

In November, the ABA Standing Committee on Law and National Security hosted its 33rd Annual Review of the Field of National Security Law Conference, featuring a special keynote address from former CIA director and former Commander of U.S. forces in Iraq and Afghanistan, General David Petraeus. Together with ABA Standing Committee on Law and National Security Chair, Stephen Preston, General Petraeus discusses his recent book, Conflict: The Evolution of Warfare from 1945 to Ukraine, and how it's themes and lessons connect to the modern day conflicts in Ukraine, Middle East, and beyond. General David Petraeus is Partner at KKR and Chairman of the KKR Global Institute. General Petraeus is also former CIA Director and former Commander of U.S. forces in Iraq and Afghanistan: https://www.kkr.com/about/our-people/david-h-petraeus Moderated by Stephen Preston, Chair of the American Bar Association's Standing Committee on Law and National Security, and Partner at WilmerHale: https://www.wilmerhale.com/en/people/stephen-preston References: Petraeus, David Howell, and Andrew Roberts. Conflict: The Evolution of Warfare from 1945 to Ukraine. Harper, an Imprint of HarperCollins Publishers, 2023: https://www.harpercollins.com/products/conflict-david-petraeusandrew-roberts?variant=41006278508578 The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The Law of Armed Conflict, Basic Knowledge. International Committee of the Red Cross: https://www.icrc.org/en/doc/assets/files/other/law1_final.pdf Roberts, Andrew. Churchill: Walking with Destiny. Viking, 2018: https://www.barnesandnoble.com/w/churchill-andrew-roberts/1127949760

This week, we're airing a recent discussion from the Women in National Security Law Webinar Program featuring Lala Qadir, incoming Chair of the Advisory Committee of the ABA Standing Committee on Law and National Security and Principal Assistant Director and Chief of Staff of the National Security Division at the White House Office of Science and Technology Policy. Together with Moderator Margret Hu, they discuss Lala's impressive career path, the role of emerging technologies in national security, and the development of long-term science and technology strategies to strengthen our national security and competitiveness. Lala Qadir is the incoming Chair of the Advisory Committee of the ABA Standing Committee on Law and National Security and the Principal Assistant Director and Chief of Staff of the National Security Division at the White House Office of Science and Technology Policy (OSTP): https://drive.google.com/file/d/1TQjisEDseJq07O9MYx2tSqGOg4MHsLHF/view?usp=share_link Moderated by Margaret Hu, Advisory Committee Member with the Standing Committee on Law and National Security, and Professor of Law at William & Mary Law School: https://law2.wm.edu/faculty/bios/fulltime/mhu05.php Opening remarks by Jennifer O'Connor, Chair of the Women in National Security Law: https://www.americanbar.org/groups/law_national_security/women-in-national-security-law/ Nominate National Security Law Today on People's Choice Podcast Awards through this link: https://www.podcastawards.com 1. Click the blue “Click Here to Vote” button 2. On the sign up site, check the box that says “Please consider me as one of the listeners that will be randomly selected to vote on the final slate in August” and enter “National Security Law Today” in the Biggest Podcast Influencer box 3. On the nomination site, nominate “National Security Law Today” for The Adam Curry People's Choice Award, Government & Organizations, and The Majority Report Politics & News Category

Prepare to venture into the uncharted territory of Arizona's legal landscape, where the rulebook is being reshaped, and the status quo is bravely defied. In this transformative episode of The Heart of Law, our astute host, Mirena Umizaj, invites Ethics Attorney Lynda Shely, the esteemed founder of The Shely Firm, to shed light on the intricacies of the Arizona Business Structure (ABS) program and its groundbreaking 2021 rule changes. Together they discuss the elimination of Ethics Rule 5.4 and how it has acted as a powerful catalyst, propelling Arizona lawyers to forge collaborative partnerships with non-lawyers, igniting a new era of innovation and opportunity in the legal landscape.  With an impressive private practice spanning over two decades, Attorney Lynda Shely has consistently delivered exemplary representation to numerous law firms while also providing invaluable ethics advice to over 2,000 firms nationwide. However, her influence extends far beyond her thriving practice. With pivotal roles in prominent committees and organizations, including the Arizona Supreme Court's Alternative Business Structure (ABS) Committee, Attorney Lynda Shely stands at the vanguard of the ABS program's development and implementation, driving the advancement of innovative approaches to legal practice.  As the episode unfolds, Attorney Lynda Shely takes a moment to reflect on her personal journey to becoming an ethics attorney, navigating the delicate balance of career and motherhood while raising her three children. Her story serves as a testament to the determination and resilience required to carve a path in the legal profession. Reflecting on her experiences, Attorney Lynda Shely unveils her instrumental role in spearheading the groundbreaking initiative that allows Arizona lawyers to establish law firms with non-lawyers as owners or investors. Addressing misconceptions, she acknowledges lawyers' concerns about potential conflicts of interest. However, she assures listeners that the Arizona ABS program is designed to maintain integrity by safeguarding lawyers' control over legal decisions. She sheds light on the rigorous regulations and meticulous approval process that enable non-lawyers to hold ownership stakes in law firms while respecting the professional autonomy of lawyers in client representation and case selection.  As the conversation progresses, the focus shifts to the intriguing realm of mass torts and its intersection with Wall Street. With artful emphasis, Mirena highlights the profound significance of this intersection, succinctly stating, "this is where the rubber meets the road." Her words resonate as Wall Street ventures into the domain of mass torts, actively investing in law firms through financial loans, seamlessly integrating themselves into the very fabric of the debt structure. In parallel, Mirena and Attorney Lynda Shely explore the ever-evolving landscape of technological advancements, honing in on the transformative impact of chat GPT and its wide-ranging implications for the legal field.  As the final moments of the episode unfold, the spotlight shifts toward the legal landscape in Utah, where uncertainty looms over the issue of non-lawyer ownership. Mirena's mention of Utah's shifting stance from considering partnerships to potential felony charges raises eyebrows and prompts reflection. In response, Attorney Lynda Shely expresses her disappointment in these attempts to restrict innovation and courageously advocates for the embracing of change. She acknowledges that "change is scary,", particularly in the legal profession, where risk aversion often prevails. However, she reminds us that it is precisely this embrace of change that propels progress and allows the legal profession to adapt and better serve its clients.   QUOTABLE QUOTES: "I represent firms in every practice area. So, I have to understand the ethics rules, but not necessarily have very detailed knowledge of a specific practice area like mass torts or estate planning or tax." "The Arizona Supreme Court created a task force on the future of the profession to look at a couple of issues, not just access to justice, which we all know there is a huge gap in getting legal services to people who need it, but simply informing folks that they might have a legal issue and how to get legal services." "Some of us who are ethics lawyers looked at the rules, and one of the rules that they were reviewing was Ethics Rule 5.4, which is the rule that prohibits lawyers from both sharing legal fees with non-lawyers and having a partner who's a non-lawyer. In Arizona, our task force looked at the rule and really kind of looked at what else was going on in the whole world, not just the US. And they looked at the fact that the UK has had these alternative business structure law firms, and an ABS is simply a law firm that has some non-lawyer owners." "The UK has had ABS law firms for years, and so has Australia, and they've been able to demonstrate that, look, this provides capitalization to firms, which frequently lawyers are not good at finding capitalization for their firms. It also provides incentives to key paraprofessionals because we all have issues with trying to maintain our staff and keep quality people." "The number one misperception about Arizona's program is that it permits non-lawyers to practice law, and that's not true. The other, and I would say this is a legitimate concern, lawyers express concern, oh if we're going to have non-lawyer partners, all they're going to be interested in is the bottom line, and they're going to tell me I shouldn't take depositions because they're too expensive... I get that. And that's a very legitimate concern." "Arizona's ABS program is designed to hopefully prevent non-lawyers from controlling the legal decisions that lawyers make. The ABS regulations are very detailed in saying, you know, non-lawyers, you can own a hundred percent of an Arizona law firm that we approve. It has to go through the ABS committee, and you have to get all the non-lawyers, including all the companies, approved by the ABS committee. You can own 100% of the firm, but you cannot direct the legal representation of clients or even which clients the firm will represent." "The ABS program actually is more transparent than the existing litigation funding in other states because where you have a law firm in someplace else that borrows money to be able to pay for all of the advertising that they have to do and all the expert witnesses, in the ABS program, you know exactly who's involved with that lawyer because it has to be disclosed in the application. So I would say that the ABS law firm process is much more transparent than regular litigation funding." "The ABS application journey, I guess, starts with a lawyer considering that they want to partner with a non-lawyer. And I tell everybody on both sides… do your homework. It's just like being engaged. You don't get engaged overnight. First, you date somebody for a while, and you figure out if your values are compatible... Same thing in a law firm; before you bring a partner on, you do some due diligence, same thing in the ABS process." "The ABS applications are very detailed. They require disclosing every person or company that will have a 10% or greater ownership or economic interest in the firm. So, it's kind of a proactive approach to saying before you create this law firm, tell us that you know what you have to have in place." "I think the ABS process and the regulations are far better at assuring that the people who are involved in these law firms understand they have an obligation here to serve clients. This is not just about the bottom line; it's a for-profit firm. So yes, you can make profits, but it is about representing the clients." "Change is scary. I recognize the concern but number one; you're not going to have Wall Street buying up, gobbling up every law firm in Arizona. That's just not gonna happen. Number two, you don't have to participate in this. I have a law firm in Arizona. It's not an ABS."  "I appreciate that change in the legal profession is glacial because lawyers are resistant to risk and change, which is good." "I don't think Chat GPT is going to eliminate lawyers. I think it probably will help lawyers be more efficient. It's kind of like a giant form file that large firms all have. So I don't see technology eliminating us." "I think you're gonna have a lot of main street lawyers still in, in small firms, solo shops. And that's wonderful. But you also might have Wall Street investing in that small, small town sole practitioner and allow them to maybe update their technology and make their services even more efficient, more affordable." "I think law firms might pretend that they weren't for profit. They want to say we're a profession, and we are, but every firm is for profit unless they are officially a nonprofit, and more firms should consult with somebody like you because I'm not teasing when I say lawyers are bad at finance." "By permitting Wall Street to be able to invest in a firm, you actually are expanding access to justice and access to legal services because you might then be able to fund a lawyer who's a small-town lawyer who's great expertise and has a compassionate heart and is great with clients, but they can afford a national ad campaign, can't afford ten years of litigation against a huge corporation and hiring all the experts that are needed. " "We're years and years into mass torts, and it costs a fortune to do this. And so the consumer who has a possible claim, number one, might not even know it. So that's what a lot of this is. It's educating consumers about their recourse. And then number two, having the finance to be able to front all this money because mass tort lawyers don't charge their clients the cost upfront; they front all that money." "My personal view is I'm sad to hear that lawyers who are frightened by the change are trying to go to the legislature and restrict change. I think it's shortsighted. I think it hurts the profession, and it hurts consumers, and shame on them for being afraid to let Utah have their sandbox, their pilot project." "I think Arizona's BS program is being so careful. I would say if anything, we overregulate the law firms that are being approved by requiring so much disclosure and so much looking behind the curtain to see who's actually controlling everything." "Everybody who is a licensed A BS law firm in Arizona is a representative of the program. So it's to everybody's benefit that we approve firms that are trying to comply with the regulatory objectives and that everybody abides by the rules because you're right. We want to show this is; this is an opportunity for lawyers; this isn't being done to lawyers."   EPISODE SURVEY: [00:02:15] - [00:04:25] Navigating the Intersection of Ethics and Law: Lynda Shely's Journey as an Ethics Attorney [00:04:59]- [00:09:43] Revolutionizing Legal Partnerships: Eliminating Rule 5.4 and Embracing Non-Lawyer Ownership [00:11:54] - [00:16:48] Balancing Transparency and Control in Mass Tort Partnerships: The Role of Wall Street and the ABS Program [00:16:50] - [00:27:03] Examining the Path to Partnership: The Process of Establishing an ABS Law Firm  [00:27:08] - [00:39:16] Embracing Opportunities and Addressing Concerns: Navigating ABS Partnerships with Confidence  [00:39:19] - [00:47:50] Future Predictions: Law Firms, Wall Street, and the Role of Legal Technology [00:47:53] - [00:52:06] Utah's Bold Steps: Embracing Change and Expanding Legal Services   ABOUT OUR GUEST: ●      Founder of The Shelly Firm in Scottsdale, Arizona ●      Currently serves on the Arizona Supreme Court's Alternative Business Structure, ABS Committee. ●      2020-2023 Chair of the ABA Standing Committee on Ethics and Professional Responsibility. ●      Serves as an Arizona delegate in the ABA House of Delegates ●      An active member of the State Bar of Arizona Ethics Advisory Group ●      President of the National ABS Law Firm Association ●      Past Director of Lawyer Ethics for the State Bar of Arizona for ten years ●      Past president of the Association of Professional Responsibility Lawyers and the Scottsdale Bar Association. ●      Recipient of numerous awards, including the 2007 State Bar of Arizona Member of the Year award and the 2022 Maricopa County Bar Association Member of the Year Award. ●      Has served as an adjunct professor at all Arizona law schools, teaching professional responsibility

In this episode, Sheppard Mullin attorneys Melissa Eaves and Ray Marshall join host Scott Maberry to explore how the best companies in the world are navigating between directly conflicting regulatory guidance on Environmental, Social and Governance initiatives.   What We Discuss in this Episode: What is the SEC doing regarding Environmental, Social and Governance (ESG) investing right now? What are state legislatures and Attorneys General doing? How do these enforcement contradict each other, and what should companies do? What should companies be doing to reduce the potential for ESG-related enforcement actions? How does "greenwashing" open the door to civil litigation? What steps should companies and investors take to mitigate risk in this complicated environment?   About Ray Marshall Ray Marshall is Of Counsel in the Governmental Practice in Sheppard Mullen's San Francisco office, where his practice focuses on White Collar and Investigations, Fiduciary Duties, and Environmental, Social & Governance issues. Ray represents clients in both complex business litigation and white-collar defense. He has conducted a wide array of internal investigations and company inquiries, including cases alleging insider trading, stock options backdating, securities fraud, accounting irregularities, antitrust violations, public corruption, FCPA and other corporate and individual wrongdoing. He has represented clients in civil, criminal and administrative proceedings brought by governmental authorities, including the Department of Justice and the offices of various U.S. Attorneys, State Attorneys General and District Attorneys. In addition to serving on Sen. Dianne Feinstein's Judicial Advisory Committee for the Northern District of California, Raymond also serves as an adviser to the American Law Institute on the Model Penal Code Sentencing Project. He is past-President of the ABA Retirement Fund Board of Directors, a past member of the ABA Standing Committee on Federal Judiciary, and former president of both the State Bar of California and the Bar Association of San Francisco. In 2004 and 2007, he was appointed by Chief Justice Ronald M. George to chair the California Supreme Court's Advisory Task Force on Multijurisdictional Practice. In addition to his professional affiliations, Ray is extremely active in community affairs, serving on the boards of the Giffords Law Center, the Equal Justice Society, the United Negro College Fund, and HomeBase/The Center for Common Concerns. In March 2009, he argued on behalf of five of the leading civil rights groups in the country (Asian Pacific American Legal Center, California State Conference of the NAACP, Equal Justice Society, Mexican American Legal Defense and Educational Fund, NAACP Legal Defense and Educational Fund) before the California Supreme Court, arguing that allowing Proposition 8 (a proposition which sought to outlaw gay marriage) to stand could be detrimental to other minority groups who could easily become the targets of initiative campaigns seeking to take away their rights.   About Melissa Eaves Melissa Eaves is Special Counsel in the Governmental Practice in Sheppard Mullen's Los Angeles office. Melissa currently focuses her practice on complex civil litigation, fraud, investigations white collar criminal defense and False Claims Act litigation. She has substantial experience in compliance investigations, fiduciary counseling, ESG, American with Disabilities Act, FTC, SEC and TVPRA/human trafficking litigation. Melissa has successfully represented numerous individuals and entities in connection with a wide range of federal and state investigations and prosecutions. In civil litigation, she has successfully represented both clients in both state and federal court. In addition to complex litigation and white collar defense work, Melissa handles internal investigations for companies. She is an experienced and skilled investigator, handling investigatory matters involving whistleblower claims, harassment and workplace misconduct, criminal misconduct, and healthcare fraud. She has also worked with governmental agencies such as the OIG, DOJ, FTC, SEC, and HHS in connection with such investigations.  Melissa was part of the team that recently won a complete defense victory in a human trafficking case, and she has also obtained complete defense verdicts in trials involving ADA claims. In addition, she has represented the California Insurance Commissioner in the Executive Life Insurance Company, First Capital and Mission Insurance Group insolvencies and reinsurance litigation, involving over 300 reinsurers worldwide, representing recoveries in excess of $1.3 billion. Melissa has substantial litigation experience in both state and federal courts, including the U.S. Supreme Court, enforcing judgments abroad and supervising of domestic and foreign outside counsel.   About Scott Maberry As an international trade partner in Governmental Practice, J. Scott Maberry counsels clients on global risk, international trade, and regulation. He is also a past co-chair of the Diversity and Inclusion Working Group for the Washington D.C. office, serves on the firm's pro bono committee, and is a founding member of the Sheppard Mullin Organizational Integrity Group. Scott's practice includes representing clients before the U.S. government agencies and international U.S. Department of Treasury's Office of Foreign Assets Control (OFAC), the Department of Commerce's Bureau of Industry & Security (BIS), the Department of Commerce Import Administration, the Department of Homeland Security (DHS), the Department of State Directorate of Defense Trade Controls (DDTC), the U.S. Department of Justice (DOJ), the International Trade Commission (ITC), and the Committee on Foreign Investment in the U.S. (CFIUS). He also represents clients in federal court and grand jury proceedings, as well as those pursuing negotiations and dispute resolution under the World Trade Organization (WTO), North American Free Trade Agreement (NAFTA) and other multilateral and bilateral agreements. A member of the World Economic Forum Expert Network, Scott also advises the WEF community in the areas of global risk, international trade, artificial intelligence and values.   Contact Information: Melissa Eaves Raymond Marshall J. Scott Maberry   Resources: Goldman Sachs SEC Settlement (2022)  BNY SEC Settlement (2022)  Texas AG Letter ISS Response Glass Lewis Response BlackRock Letter Kentucky AG Opinion Kentucky AG Letter Washington DC AG Letter ClientEarth Lawsuit Against Shell  BNP Paribas Case   Thank you for listening! Don't forget to SUBSCRIBE to the show to receive two new episodes delivered straight to your podcast player every month. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show on Apple Podcasts, Amazon Music, Google Podcasts, Stitcher or Spotify. It helps other listeners find this show. This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.  

On May 11, the Standing Committee on Law and National Security co-sponsored a bipartisan luncheon titled “Over-classification: How Bad Is It, What's the Fix?” in person at U.S. Capitol Visitors Center cosponsored by the Nonproliferation Policy Education Center. Opening Remarks were given by Harvey Rishikof, Counselor, American Bar Association Standing Committee on Law and National Security, and Henry Sokolski, Executive Director, Nonproliferation Policy Education Center. Speakers included Senator Mark Warner, Chairman U.S. Senate Select Committee on Intelligence, Senator Mike Rounds, member U.S. Senate Select Committee on Intelligence, and Benjamin A. Powell, member Public Interest Declassification Board. The event examined how well the current classification and declassification system works and how best to reduce the volume and level of classified documents to help prevent future top-secret leaks. The program also featured a discussion of the bipartisan legislation introduced to reform the security classification system, “in order to reduce overclassification, prevent mishandling of classified information, promote better use of intelligence and enhance public trust.” Senator Mark Warner is the Chairman of the U.S. Senate Select Committee on Intelligence: https://www.warner.senate.gov/public/ Senator Mike Rounds is a Member of the U.S. Senate Select Committee on Intelligence: https://www.rounds.senate.gov Benjamin A. Powell is a Member of the Public Interest Declassification Board: https://drive.google.com/file/d/1GL6Whli5OsZR4iKgQ5LLgWjENW4EZiP7/view?usp=share_link The event was moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security: https://www.arlis.umd.edu/about-arlis/our-people/harvey-rishikof-jd References: To watch the full program recording, visit The ABA Standing Committee on Law and National Security webpage: https://www.americanbar.org/groups/law_national_security/ Sokolski, Henry. “Over-Classification: How Bad Is It, What's the Fix?” NPEC, Mar. 2023, npolicy.org/wp-content/uploads/2023/03/2303-Full-Classification-Report.pdf. FY 23, Congressional Reporting Requirement Referencing the NGA Model: https://docs.google.com/document/d/1aEWsAgdO21qbKuIuh4g3qUqGaJvY7gvo9qvEarNOQrk/edit?usp=sharing “Senators Introduce Bipartisan Legislation to Reform the Security Classification System.” Mark R. Warner, 10 May 2023, https://www.warner.senate.gov/public/index.cfm/2023/5/senators-introduce-bipartisan-legislation-to-reform-the-security-classification-system. Senators Introduce Bipartisan Legislation to Reform the Security Classification System – Handout: https://www.warner.senate.gov/public/_cache/files/6/0/60108bde-a49e-4eef-a676-02953097b1a7/6AA8FE9B9A8F171B3F920D7B83128DC0.security-clearance-one-pager.pdf The Classification Reform Act of 2023: https://www.warner.senate.gov/public/_cache/files/2/7/2748fc47-4999-4578-ba61-20b88c99e7b4/EF76391931E3038C2DF838DF398F7FBB.bag23456.pdf

Section 702 of the Foreign Intelligence Surveillance Act is set to expire this year unless reauthorized by Congress. This week, we're airing our latest live discussion featuring special guest April Doss, General Counsel at the National Security Agency. April addresses the arguments for supporting 702, where its pitfalls may lie, and how critical this framework is to national security. April Doss is General Counsel for the National Security Agency: https://www.nsa.gov/Culture/General-Counsel/Leadership/ Moderated by Harvey Rishikof, Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security: https://law.temple.edu/contact/harvey-rishikof/ Introductions by Glenn Gerstell, former General Counsel for the National Security Agency: https://glenngerstell.com/#about References: FISA, Section 702: https://www.govinfo.gov/content/pkg/BILLS-110hr6304enr/pdf/BILLS-110hr6304enr.pdf E.O. 14086: https://www.govinfo.gov/content/pkg/FR-2022-10-14/pdf/2022-22531.pdf The Annual Statistical Transparency Report, 2022 Edition: https://www.dni.gov/files/CLPT/documents/2022_ASTR_for_CY2020_FINAL.pdf Check out the Foreign Intelligence Surveillance Act Section 702 Resource Page: https://www.fisa702resources.com *2023 Edition of The Annual Statistical Transparency Report is to be released later this month, and will be available on the 702 Resource Page listed above

The scale of Russia's criminal conduct in Ukraine is astounding. Since Russia invaded Ukraine almost one year ago, Ukrainian authorities have opened over 50,000 investigations into alleged war crimes committed by Russia. As we approach the one year anniversary of the invasion, we welcome back Judge James Baker to revisit the laws and treaties that apply to Russia and this conflict. Hon. James E Baker is Director of the Institute for Security Policy and Law at Syracuse University: https://law.syracuse.edu/deans-faculty/faculty/hon-james-e-baker/?_ga=2.54182113.83813634.1674149590-222628566.1661542169 References: Responsibility of States for Internationally Wrongful Acts: https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_6_2001.pdf The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military's Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden calls Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/ The Nuremberg Principles: https://ihl-databases.icrc.org/ihl/INTRO/390 Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441 Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901 Executive Order 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190

What does the new year have in store for national security law and policy? This week host Elisa is joined by fellow committee members Bill Banks, Harvey Rishikof and Mary DeRosa to run through the big issues for the year ahead. Will this be a landmark year in the crackdown on tech? Will crypto policy steal the spotlight? What will happen with Title 42 and immigration law? Bill Banks is Chair of the ABA Standing Committee on Law and National Security: https://securitypolicylaw.syr.edu/about_the_institute_for_security_policy_and_law/people/staff-2/william-c-banks/?_gl=1*u4himc*_ga*MjIyNjI4NTY2LjE2NjE1NDIxNjk.*_ga_QT13NN6N9S*MTY2MTU0MjE2OS4xLjAuMTY2MTU0MjE2OS42MC4wLjA. Harvey Rishikof is Senior Counselor of the ABA Standing Committee on Law and National Security, and Director of Policy and Cyber Research at the University of Maryland Applied Research Lab for Intelligence and Security: https://law.temple.edu/contact/harvey-rishikof/ Mary DeRosa is Advisory Committee Chair of the ABA Standing Committee on Law and National Security: https://www.law.georgetown.edu/faculty/mary-b-derosa/ References: Gonzalez v. Google: https://law.justia.com/cases/federal/appellate-courts/ca9/18-16700/18-16700-2021-06-22.html Twitter v. Taamneh: https://www.supremecourt.gov/DocketPDF/21/21-1496/226415/20220526180216120_21-xxxx%20-%20Twitter%20Inc.%20v.%20Taamneh%20-%20cert.%20petition.pdf "Congress Passes Justice for Victims of War Crimes Act." Just Security. December 22, 2022: https://www.justsecurity.org/84588/senate-passes-justice-for-victims-of-war-crimes-act/ U.S. Code Title 42: https://www.law.cornell.edu/uscode/text/42 18 U.S. Code 2339D: https://www.law.cornell.edu/uscode/text/18/2339D

Lynda Shely serves as the founding partner of the ethics law firm, Shely Law. Lynda consults on legal ethics to firms operating in Arizona and the District of Columbia on topics including advertising, fee agreements, billing, conflicts of interest, and staff training, to name a few. Shely Law also offers specialized risk management assessments and training on how to implement in-firm CLE programs. Before founding Shely Law in 2003, Lynda served as Director of the State Bar of Arizona's Board of Ethics and held years of experience as an intellectual property associate at Morgan, Lewis & Bockius LLP.  Most recently, she chaired the 2020-2022 ABA Standing Committee on Ethics and Professional Responsibility, and currently serves as an Arizona Delegate in the ABA House of Delegates. Lynda speaks on ethics to law conferences across the country and frequently serves as an expert witness in legal malpractice cases. Lynda has received numerous awards for her work in law ethics, including the ​​2015 Ruth V. McGregor Award issued by the Arizona Women Lawyers'​ Association, the 2007 Member of the Year award issued by State Bar of Arizona, and the 2010 Award of Excellence issued by Scottsdale Bar Association. Most recently, the Maricopa County Bar Association honored Lynda with the 2022 Robert R. Mills Member of the Year award.   Lynda Shely Social Media:   LinkedIn - https://www.linkedin.com/in/lynda-shely-74400a11/  Twitter - https://twitter.com/shelyethics Email - lynda@shelylaw.com   Shely Law - https://shelylaw.com/   Remember to subscribe and follow us on social media…   LinkedIn: https://www.linkedin.com/company/mass-tort-news Twitter: https://www.twitter.com/masstortnewsorg Facebook: https://www.facebook.com/masstortnews.org

Part 2 of 2 – For nearly 235 years, the U.S. Constitution has provided the foundation for America's economic prosperity, political stability, and democratic debate. This week, host Elisa and Harvey Rishikof welcome former Senator Russ Feingold and Peter Prindiville to discuss their new book, The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. Together they discuss the latest controversial push to rewrite our Constitution, and how this problematic debate poses a threat to our national security. Senator Russ Feingold served as a United States Senator from Wisconsin from 1993 to 2011, and is the President of the American Constitution Society: https://www.acslaw.org/person/russ-feingold/ Peter Prindiville is a Non-Resident Fellow at the Constitutional Law Center at Stanford University: https://law.stanford.edu/directory/peter-prindiville/ Harvey Rishikof is Senior Counselor to the ABA Standing Committee on Law and National Security, and Director of Cybersecurity at the Applied Research Laboratory for Intelligence and Security at the University of Maryland: https://www.cyber.pitt.edu/people/harvey-rishikof References: Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022. https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/ Article I Section 10, U.S. Constitution: https://constitution.congress.gov/browse/article-1/section-10/clause-1/ Article V, U.S. Constitution: https://www.archives.gov/federal-register/constitution/article-v.html The Virginia Plan, 1787: https://www.archives.gov/milestone-documents/virginia-plan Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

For nearly 235 years, the U.S. Constitution has provided the foundation for America's economic prosperity, political stability, and democratic debate. This week, host Elisa and Harvey Rishikoff welcome former Senator Russ Feingold and Peter Prindiville to discuss their new book, The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. Together they discuss the latest controversial push to rewrite our Constitution, and how this problematic debate poses a threat to our national security. Senator Russ Feingold served as a United States Senator from Wisconsin from 1993 to 2011, and is the President of the American Constitution Society: https://www.acslaw.org/person/russ-feingold/ Peter Prindiville is a Non-Resident Fellow at the Constitutional Law Center at Stanford University: https://law.stanford.edu/directory/peter-prindiville/ Harvey Rishikoff is Senior Counselor to the ABA Standing Committee on Law and National Security, and Director of Cybersecurity at the Applied Research Laboratory for Intelligence and Security at the University of Maryland: https://www.cyber.pitt.edu/people/harvey-rishikof References: Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022. https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/ Article V, U.S. Constitution: https://www.archives.gov/federal-register/constitution/article-v.html The Virginia Plan, 1787: https://www.archives.gov/milestone-documents/virginia-plan Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary

Episode 32 of the "Everything Except The Law" podcast has arrived! This time we're speaking with Robin Wolpert, an attorney for the Sapientia Law Group and Treasurer of the Institute for Well-Being In Law.In this episode, Robin and podcast host Nick Werker discuss what recent data tells us about the state of lawyer wellness, what makes attorneys likely to struggle with wellness-related issues, how well-being can impact work performance and much more!About our guest:Robin Wolpert is an appellate practitioner, business litigator, and white-collar criminal defense attorney at Sapientia Law Group in Minneapolis. Her 20-year career began in BigLaw, and she went on to serve as a prosecutor and Senior Counsel of Compliance & Business Conduct at 3M. Robin handles a diverse mix of criminal and civil lawsuits and appeals, focusing on constitutional law, defamation, business fraud, money laundering, and cyber-harassment and misinformation campaigns. Robin is passionate about public service. Robin is President-Elect of the National Conference of Bar Presidents, Treasurer of the Institute for Well Being In Law, Member of the ABA House of Delegates, Member of the ABA Standing Committee on Professionalism, and past President of the Minnesota State Bar Association. She served on the National Task Force on Lawyer Well-Being from 2018-20. She was Chair of the Lawyers Professional Responsibility Board from 2017-2021, responsible for oversight of Minnesota's lawyer disciplinary system.Connect with Robin here: http://ow.ly/HmWn50KUtCQLearn more about Robin here: http://ow.ly/WzOY50KUtIZ  About IWIL:The Institute for Well-Being in Law (IWIL) is dedicated to the betterment of the legal profession by focusing on a holistic approach to well-being. Through advocacy, research, education, technical and resource support, and stakeholders' partnerships, they are driven to lead a culture shift in law to establish health and well-being as core centerpieces of professional success.Learn more about IWIL here: https://lawyerwellbeing.net/

This week we're covering the range of national security related topics that have been making headlines. Host Elisa is joined by Bill Banks to discuss the latest impacts of climate change, Ukraine's comeback, China's elections, and looking back on 21 years since the attacks on 9/11. And stick around towards the end of the episode for NSLT's latest book recommendations! Bill Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee, and Emeritus Professor at the Syracuse University College of Law: http://law.syr.edu/profile/william-banks1 References: Register for the 32nd Annual Review of the Field of National Security Law Conference – The Past, Present and Future: Celebrating 60 Years of the Standing Committee on Law and National Security – November 17th–18th, 2022: https://web.cvent.com/event/587890d9-7f23-4662-af87-6f106dedfece/summary The National Intelligence Estimate on Climate Change: https://www.dni.gov/files/ODNI/documents/assessments/NIE_Climate_Change_and_National_Security.pdf The Authorization for Use of Military Force (AUMF): https://www.congress.gov/107/plaws/publ40/PLAW-107publ40.pdf The Patriot Act: https://www.congress.gov/107/plaws/publ56/PLAW-107publ56.pdf Fisher, Max. The Chaos Machine: The Inside Story of How Social Media Rewired Our Minds and Our World. Little, Brown, 2023: https://www.littlebrown.com/titles/max-fisher/the-chaos-machine/9780316703314/ Singer, P. W., and Emerson T. Brooking. Likewar: The Weaponization of Social Media. Mariner Books, Houghton Mifflin Harcourt, 2019. https://www.likewarbook.com Canellos, Peter S. The Great Dissenter: The Story of John Marshall Harlan, America's Judicial Hero. Simon & Schuster Paperbacks, an Imprint of Simon & Schuster, Inc., 2022. https://www.simonandschuster.com/books/The-Great-Dissenter/Peter-S-Canellos/9781501188213 Wallach, Ari. Longpath: Becoming the Great Ancestors Our Future Needs: An Antidote for Short-Termism. HarperOne, an Imprint of HarperCollinsPublishers, 2022. https://www.longpath.org/book Feingold, Russ, and Peter Prindiville. The Constitution in Jeopardy: An Unprecedented Effort to Rewrite Our Fundamental Law and What We Can Do About It. PublicAffairs, 2022. https://www.publicaffairsbooks.com/titles/russ-feingold/the-constitution-in-jeopardy/9781541701526/

This week is all about climate change, an increasingly undeniable threat to our national security. Host Elisa is joined by committee members Brian Egan and William Banks to discuss what legal authorities are at the disposal of the President to help combat this crisis. What defines an international economic emergency? And domestically, what other authorities can the President utilize to target certain parties that threaten our global climate? Brian Egan is a Partner at Skadden: https://www.skadden.com/en/Professionals/E/Egan-Brian William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee, and Emeritus Professor at the Syracuse University College of Law: http://law.syr.edu/profile/william-banks1 References: International Emergency Economic Powers Act: https://uscode.house.gov/view.xhtml?path=/prelim@title50/chapter35&edition=prelim The Defense Production Act: https://www.fema.gov/disaster/defense-production-act U.S. Constitution, Article II: https://www.law.cornell.edu/constitution/articleii West Virginia v. EPA: https://www.supremecourt.gov/opinions/21pdf/20-1530_n758.pdf The Major Questions Doctrine: https://crsreports.congress.gov/product/pdf/LSB/LSB10745

U.S. News named being a lawyer as the 2nd most stressful job in 2022. But it wasn't until recently that far reaching reports identified major wellbeing deficits, such as problematic drinking, workaholism, and mental health concerns. The reports led to a major call to action for the industry to address lawyer wellbeing. It also led to the creation of the Institute for Well-Being in Law (IWIL), a non-profit dedicated to the betterment of the legal profession through holistic well-being.  Podcast guest Robin Wolpert is an appellate practitioner, business litigator, and white-collar criminal defense attorney at Sapientia Law Group in Minneapolis. She is Treasurer of the National Conference of Bar Presidents, Treasurer of the Institute for Well Being in Law, Member of the ABA House of Delegates, Member of the ABA Standing Committee on Professionalism, and past President of the Minnesota State Bar Association.  In this episode, Robin shares her entry into the industry and what's changed in her 20 years of practice. Robin describes some unique challenges lawyers face, both in law school and once they are practicing. She explains a series of reports that emerged, which was a call to action for things to change in the legal industry. Robin walks through a couple of the recommendations to enhance lawyer wellbeing and asks a question for lawyers to reframe their current environment. For links mentioned in today's episode visit https://redesigningwellness.com/

Time Schedule:  60 minutes Summary of Topics Covered:Introduction of Instructor Mark GiffordWhat are common ethical mistakes lawyers make that they do not realize they are making? What does cooperation with bar counsel during the complaint process look like? What is the diversion program? What is the best part of the job of bar counsel? What is the procedural process and the burden of proof on bar counsel in the disciplinary hearing process? The “Wyoming System” allowing bar counsel to handle ethics hotline callsInstructor Mark W. Gifford, Esq. Bio:Mark W. Gifford is Bar Counsel for the Wyoming State Bar. He is a Wyoming native who received his Bachelor's in accounting from the University of Wyoming in 1978 and his law degree from Stanford University in 1981. After 30 years of practice as a trial lawyer and mediator, Mark took the position of Bar Counsel on a part-time basis in 2011 and became full-time in October 2013. In addition to attorney discipline, Gifford's responsibilities include Unauthorized Practice of Law, Fee Dispute Resolution and Client Protection Fund.He also serves as general counsel to the Wyoming State Bar. Gifford was instrumental in getting Wyoming's Lawyer Assistance Program launched in 2014. He is a member of the ABA Standing Committee on Professional Regulation. He has been recognized as an AV Preeminent-rated lawyer by Martindale-Hubbell Peer Review Ratings, a distinction based upon peer reviews by members of the Bar and the Judiciary.WyoLawPod is a podcast that is fully accredited for CLE credit by the Wyoming State Bar. This episode features Mark Gifford. Bar Counsel for the Wyoming State Bar.

(Part 2 of 2) – It's the largest military conflict in Europe since World War II. And in just 4 weeks, Putin's playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states? Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 The Nuremberg Principles: https://ihl-databases.icrc.org/ihl/INTRO/390 Title 18 U.S. Code 2441, War Crimes: https://www.law.cornell.edu/uscode/text/18/2441 Executive Order 901: https://www.law.cornell.edu/uscode/text/5/901 Executive Order 12333: https://dpcld.defense.gov/Portals/49/Documents/Civil/eo-12333-2008.pdf Department of Defense Law of War Manual: https://dod.defense.gov/Portals/1/Documents/pubs/DoD%20Law%20of%20War%20Manual%20-%20June%202015%20Updated%20Dec%202016.pdf?ver=2016-12-13-172036-190 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military's Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

It's the largest military conflict in Europe since World War II. And in just 3 weeks, Putin's playbook has proven to grossly violate international law. This week, host Elisa is joined by Judge James Baker to breakdown the laws and treaties that apply to Russia and this conflict. Which international agreements are at play, and which have been violated? And as this conflict escalates, what options are on the table for NATO member states? Hon. James E Baker is the Director of the Institute of Security Policy and Law at Syracuse University: http://law.syr.edu/profile/the-hon.-james-e.-baker References: The Geneva Conventions: https://www.icrc.org/en/doc/assets/files/publications/icrc-002-0173.pdf The North Atlantic Treaty, Articles 5 & 11: https://www.nato.int/cps/en/natolive/official_texts_17120.htm The Rome Statute of the International Criminal Court: https://legal.un.org/icc/statute/99_corr/cstatute.htm United Nations General Assembly, Article 18: https://legal.un.org/repertory/art18.shtml National Security Act of 1947: https://www.dni.gov/index.php/ic-legal-reference-book/national-security-act-of-1947 James E. Baker, “Obedience to Orders, Lawful Orders, and the Military's Constitutional Compact.” Just Security. November 2, 2020: https://www.justsecurity.org/73221/good-governance-paper-no-21-obedience-to-orders-lawful-orders-and-the-militarys-constitutional-compact/ “Biden call Putin a war criminal.” NPR. March 16, 2022: https://www.npr.org/2022/03/16/1087011897/biden-putin-war-criminal “U.S must harden its cybersecurity defenses, experts say.” ABA Press and ABA Standing Committee on Law and National Security. Feb. 2022: https://www.americanbar.org/news/abanews/aba-news-archives/2022/03/us-must-harden-its-cybersecurity-defenses/ “Statement of ABA President Reginald Turner Re: Invasion of Ukraine.” ABA. March 2, 2022z: https://www.americanbar.org/news/abanews/aba-news-archives/2022/02/statement-of-aba-president-reginald-turner-re-invasion-of-ukraine/

Linda Anderson Stanley is a senior program manager at Equal Justice Works, where she leads the organization's Disaster Resilience Program. A lifetime public servant, Linda is committed to improving access to justice, ensuring that all individuals are able to obtain the competent legal help they deserve. She previously worked for Bay Area Legal Services, Inc. in Tampa Florida, where she focused primarily on disaster relief (such as FEMA appeals and insurance claims); housing law; consumer law; and some Veteran's issues. In 2018, Linda was awarded the Hillsborough County (Florida) Outstanding Young Lawyer of the year award for this work. In addition to her position with Equal Justice Works, Linda serves as the Director of the American Bar Association's (ABA) Young Lawyer Division (YLD) Disaster Legal Services program and the YLD liaison to the ABA Standing Committee on Disaster Relief and Preparedness. Linda received her undergraduate degree in psychology from the University of Illinois and her J.D. from the John Marshall Law School in Chicago, Illinois. *** Twitter: @LindaLAnde @ABAYLD @ejw_org LinkedIn: Linda: https://www.linkedin.com/in/andersonlinda/ EJW: https://www.linkedin.com/company/equal-justice-works/ ABA: https://www.linkedin.com/company/american-bar-association/ Remember to subscribe and follow us on social media… LinkedIn: https://www.linkedin.com/company/mass-tort-news Twitter: https://www.twitter.com/masstortnewsorg Facebook: https://www.facebook.com/masstortnews.org

From November 22, 2014: Earlier this month, the ABA Standing Committee on Law and National Security held its “24th Annual Review of the Field of National Security Law CLE Conference.” As part of the conference, the group held a particularly strong panel discussion on the Foreign Intelligence Surveillance Act—featuring Bob Litt, general counsel to the DNI, Jameel Jaffer of the ACLU, and Bill Banks of Syracuse University law school. The discussion was moderated by Laura Donohue of Georgetown law.Support this show http://supporter.acast.com/lawfare. See acast.com/privacy for privacy and opt-out information.

This week, co-host Yvette is joined by Bill Banks to discuss the latest topics in national security law: What are the legal issues surrounding Biden's new “over-the-horizon” strategy in Afghanistan? Is it time for the U.S. to revise and reform the AUMF? And with COVID vaccines still dominating headlines, are the new federal mandates considered constitutional? And if they are, could there be other legal challenges? William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: law.syr.edu/profile/william-banks1 References: Charter of the United Nations, Chapter 7 Article 51: https://legal.un.org/repertory/art51.shtml Charter of the United Nations, Chapter 7 Article 42: https://legal.un.org/repertory/art42.shtml Authorization for the Use of Military Force: https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwjMr6HC-YHzAhUMc98KHevWDsUQFnoECAIQAQ&url=https%3A%2F%2Fwww.congress.gov%2F107%2Fplaws%2Fpubl40%2FPLAW-107publ40.pdf&usg=AOvVaw2ITdZrN7EI033pIoBAB37n Brandenburg v. Ohio: https://www.oyez.org/cases/1968/492 Jacobson v. Massachusetts: https://supreme.justia.com/cases/federal/us/197/11/ "US Department of Labor's OSHA issues emergency temporary standard to protect health care workers from the coronavirus." U.S. Department of Labor. June 10, 2021. https://www.osha.gov/news/newsreleases/national/06102021 "Occupational Exposure to COVID-19; Emergency Temporary Standard." Federal Register. June 21, 2021. https://www.federalregister.gov/documents/2021/06/21/2021-12428/occupational-exposure-to-covid-19-emergency-temporary-standard

Today we are discussing The General Counsel's Office of the State Bar of Georgia. To help us understand it, we are thrilled to have with us the General Counsel of the State Bar herself, Paula Frederick.   Paula Frederick: Paula Frederick is General Counsel for the State Bar of Georgia, a unified bar organization with over 50,000 members.  As General Counsel, Ms. Frederick is responsible for interpreting the ethics rules for lawyers, prosecuting lawyer discipline cases, and providing legal advice to the officers and directors of the organization.  She has served in the Office of the General Counsel for 33 years and was Deputy General Counsel for Discipline before becoming General Counsel in 2009. Ms. Frederick is a 1982 graduate of the Vanderbilt University School of Law and a 1979 graduate of Duke University.  Prior to joining the Office of the General Counsel, she spent six years as a staff attorney with the Atlanta Legal Aid Society handling civil legal matters for low-income people. Ms. Frederick is a Past President of both the Atlanta Bar Association and the Georgia Association of Black Women Attorneys.  She is also an active member of the American Bar Association, where she serves as State Delegate for Georgia.  She sits on the ABA Standing Committee on Bar Activities and Services and recently chaired the Standing Committee on Professional Regulation.  In the past she served on the Commission on the Future of Legal Services,  chaired the Standing Committee on Ethics and Professional Responsibility and the ABA Diversity Center, and served as a member of the Board of Governors.     Read Full Bio   Links: Georgia State Bar http://www.akintate.com/ https://www.gatriallawyers.net/ See You In Court Website To learn more about the Georgia Civil Justice Foundation, visit fairplay.org

Is our legal system prepared for attacks like we saw on the Colonial Pipeline last week? In a functioning democracy, is it appropriate for a private company like Facebook to be so important to electoral success? And as COVID cases in India surge, what are the legal complexities of easing vaccine intellectual property rights in order to help our global counterparts? Bill Banks and Yvette Bourcicot sit down to discuss all these national security law issues and more. William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: law.syr.edu/profile/william-banks1 References: CDC Covid Data Tracker: https://covid.cdc.gov/covid-data-tracker/#datatracker-home CDC Global COVID Cases Counter: https://covid.cdc.gov/covid-data-tracker/#global-counts-rates NSLT Ep. 160, What Lawyers Need to Know about FARA Enforcement with David Laufman: https://www.americanbar.org/groups/law_national_security/nslt/20210204-fara-enforcement/

In partnership with the ABA Law Student podcast, host Meg Steenburgh sits down with national security expert, Standing Committee on Law and National Security Chair, and Syracuse University professor William Banks, as he sheds light on how current events interact with our nation’s security and the law. William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security: http://law.syr.edu/profile/william-banks1 ABA Law Student Podcast: https://abaforlawstudents.com/stay-informed/law-student-podcast/ ABA Law Student Division: https://www.americanbar.org/groups/law_students/

Andrew Schpak is the Co-Managing Partner of Barran Liebman LLP. At Barran Liebman LLP, Andrew has worked with government entities, businesses of all sizes and nonprofit organizations to represent management in employment litigation and provide advice on employment matters.  In addition to his work at Barran Liebman LLP, Andrew serves as a Member of the Board of Governors for the American Bar Association (ABA), is a Board Member for the Portland Business Alliance and is a Member of the ABA Standing Committee on Bar Activities and Services. He is a Life Fellow of the American Bar Foundation and Chair of the Oregon Fellows. Andrew received his Juris Doctorate from Cornell Law School and holds a Bachelor of Arts in Political Science from Reed College. In this episode: In any law firm, you have to continually evaluate your approach to marketing, inclusion, education and communication. As the law and public opinion shift, it's necessary to adapt on both a personal and professional level in order to set yourself—and your business—apart. For Andrew Schpak and his firm, education and expertise within the industry are what drives business growth. However, professional development is a journey with an immeasurable number of roads and destinations. So, how do you find the path that's right for you? And how can you keep up with the changes happening in the business of law to make sure you're heading in the right direction?  In this episode of Spill the Ink, Michelle Calcote King talks with Andrew Schpak, Co-managing Partner of Barran Liebman LLP, about hiring strategies and marketing for your law firm. Andrew discusses his firm's approach to diversity and inclusion, explains how to develop your expertise and offers pointers for getting everyone involved in the marketing plan. Plus, Andrew shares his tips for managing social media and building a personal brand. Stay tuned.

The Georgetown Journal of National Security Law & Policy (JNSLP) hosted it's 2021 annual symposium this week, featuring a keynote discussion with Jim Steinberg, former U.S. Deputy Secretary of State. For this week's episode, Jim Steinberg, along with James Feinerman, Professor of Law at Georgetown University, sit down to discuss U.S.-China relations, managing differences, and the ongoing power struggle between both nations. The interview taps Jim Steinberg’s wealth of experience with China to address the biggest challenges facing the Biden Administration and his recommendations for the way ahead. Professor William Banks, Chair of the ABA Standing Committee on Law and National Security and Editor-in-Chief of the JNSLP provides opening remarks. Jim Steinberg is University Professor of Social Science, International Affairs and Law at Syracuse University: https://www.maxwell.syr.edu/Steinberg,_James_B_/ James Feinerman is the James and Catherine Denny Chair in Democratic Capitalism, James M. Morita Professor of Asian Legal Studies, and Co-Director of Georgetown Law Asia at Georgetown University Law Center: https://www.law.georgetown.edu/faculty/james-v-feinerman/ Journal of National Security Law & Policy: https://jnslp.com/

Following the riot at the U.S. Capitol on January 6th, we spoke with longtime national security professors and practitioners William Banks, Mary DeRosa and Harvey Rishikof about the many different security threats and legal implications of last week's events. This episode references: National Security: Emerging Critical Issues CLE Webinar Series https://cvent.me/BNXmX5 The 25th Amendment https://www.law.cornell.edu/constitution/amendmentxxv Articles of Impeachment introduced in the House https://cicilline.house.gov/sites/cicilline.house.gov/files/documents/ARTICLES%20-%20Final%201030%20-%20011121.pdf Mayor Bowser’s Letter to U.S. Department of Homeland Security Acting Secretary Chad Wolf Regarding Inauguration Preparations https://mayor.dc.gov/release/mayor-bowser%E2%80%99s-letter-us-department-homeland-security-acting-secretary-chad-wolf-regarding 18 USC § 2384, Seditious conspiracy https://www.law.cornell.edu/uscode/text/18/2384 18 USC § 2381, Treason https://www.law.cornell.edu/uscode/text/18/2381 18 USC § 2383, Rebellion or insurrection https://www.law.cornell.edu/uscode/text/18/2383 52 USC § 20511 https://www.law.cornell.edu/uscode/text/52/20511 40 USC § 5104, Unlawful activities [in the United States Capitol Buildings and Grounds] https://www.law.cornell.edu/uscode/text/40/5104 "If Trump pardons himself now, he’ll be walking into a trap" Asha Rangappa, Washington Post, January 8, 2021 https://www.washingtonpost.com/outlook/trump-raffensperger-pardon-prosecute/2021/01/06/a32388fe-4f9d-11eb-bda4-615aaefd0555_story.html FBI Statement Before the House Oversight and Reform Committee. "Confronting White Supremacy" June 4, 2019 https://www.fbi.gov/news/testimony/confronting-white-supremacy "Hate Crimes in U.S. Rose to Highest Level in More Than a Decade in 2019" New York Times, November 16, 2020 https://www.nytimes.com/2020/11/16/us/hate-crime-rate.html "Pelosi asks Joint Chiefs about preventing Trump from launching nukes" Politico, January 8, 2021 https://www.politico.com/news/2021/01/08/pelosi-trump-take-away-nuclear-codes-456529 "Amazon Will Suspend Hosting For Pro-Trump Social Network Parler" Buzzfeed News, January 9, 2021 https://www.buzzfeednews.com/article/johnpaczkowski/amazon-parler-aws "From ‘beautiful’ to ‘disgraceful’: World reacts to Capitol riots" Atlanta Journal-Constitution, January 7, 2021 https://www.ajc.com/news/nation-world/from-beautiful-to-disgraceful-world-reacts-to-capitol-protests/JONZQYHFKZFQ5GKOUP4QHOK2XE/ "Kim Jong Un Calls U.S. North Korea's 'Biggest Enemy,' Vows To Advance Nuclear Arsenal" NPR, January 9, 2021 https://www.npr.org/2021/01/09/955192283/kim-jong-un-calls-u-s-north-koreas-biggest-enemy-vows-to-advance-nuclear-arsenal Past NSLT podcasts on Impeachment https://www.americanbar.org/groups/law_national_security/nslt/20191219-impeachment-national-security-and-the-law/ The Mueller Report https://www.americanbar.org/groups/law_national_security/nslt/20190502-what-have-we-learned-from-the-mueller-report-part1/ Pardons https://www.americanbar.org/groups/law_national_security/nslt/20201203-pardons-clemency1/ Domestic Terrorism https://www.americanbar.org/groups/law_national_security/nslt/20210107-domestic-terrorism/ The Insurrection Act https://www.americanbar.org/groups/law_national_security/nslt/20200605-insurrection-act/ William Banks is a professor at Syracuse Law School and the Chair of the ABA Standing Committee on Law and National Security http://law.syr.edu/profile/william-banks1 Mary DeRosa is a professor at Georgetown University Law Center and the Chair of the Advisory Committee https://www.law.georgetown.edu/faculty/mary-b-derosa/ Harvey Rishikof is the Director of Policy and Cyber Security Research at the University of Maryland ARLIS and the Senior Counselor to the Committee https://www.aspeninstitute.org/our-people/harvey-rishikof/

Despite high praise from The American Bar Association, America's largest lawyers' group, Senate Democrats on Capitol Hill, positioned themselves to poison the process to nominate Judge Amy Coney Barrett to the Supreme Court as hearings began Monday. "A substantial majority of the Standing Committee determined that Judge Barrett is 'Well Qualified." "For the past 67 years, the ABA Standing Committee on the Federal Judiciary has conducted comprehensive peer reviews of the professional qualifications of federal judicial nominees, including all 34 U.S Supreme Court nominees." However, now, liberal-Democrats and their hell-bent efforts to poison the Court and the American people's minds overshadow independent reviews. You see, for the left - they know best.  I don't know about you, but Democratic VP Candidate and Run A Muck, Chuck Schumer, have hardly had or continue to have the best intentions for the American people - unless, of course, they personally profit.  If you recall, Chuck Schumer has routinely criticized conservative Christians, and now with Amy Coney Barrett's nomination to the Supreme Court considered a Republican lock-up, ole' Chucky is up to his old games of deception and political parlor tricks.  But now, with Barrett getting the nod from Trump and Senate Republicans, for Schumer, faith has no place, at least not on The Supreme Court. Even more, if confirmed, ole' Chucky is requesting that the then Justice Barrett recuse herself from any case regarding the Affordable Care Act or 2020 Election results that may require guidance or judicial review. These are the political games of liberal-Democratic lawmakers. The left is completely disallowing voters' wishes of 2016 - claiming now that only 2020 votes should matter - that is, of course, should voters stand with and behind Biden in the ballot box in November.  Thankfully, Republican Senate Majority Leader Mitch McConnell understands the liberal monstrous mentality. And can pull a page from his political playbook to vote on a discharge resolution that would remove the responsibility of considering the committee's Barrett nomination—allowing McConnell, R-Ky, to call the nomination for a full vote.  The fact of the matter is this, it is 4th and long, and liberals are gearing up for a Hail Mary - unfortunately for them, they are out of talent, out of luck, and out of time. Ultimately, despite their political theatre and attempts to publically pervert and community castrate Amy Coney Barrett - there is nothing they can do to keep the nomination from moving forward. Checkmate - Chucky!  We must not turn a blind eye to the geriatric games of Joe Biden and his communist minions in Congress. Should the Harris-Biden Administration somehow become a reality, and should Republicans relinquish control of The White House and the Senate, make no mistake, Democrats will railroad socialism down the throats of all Americans.  If you follow history, you know that all totalitarian regimes, before becoming legitimized and taking control, take an iron-grip on education, the media, and finally, government. Folks, since the Vietnam War, liberalism has cancerously cannibalized our nation's educational system. The goal? To churn out as many communist sheep as possible. Ask no questions - and pay no consequences - as long as you fall into line and socialistic submission.  Liberal-thought has invaded our liberties - and now, we have allowed these out-of-touch asinine clowns to control our thoughts and our process. The last effort to cement these United States of America under a banner of communism is to control the courts - and in that, liberal-Democrats could and would hold power on the interpretation of their laws.  I cannot begin to beg you to understand just what is in store for our nation if Biden becomes President in November. My words are not to instill fear; no, they are to attempt to bring logic to the lunacy of the radical left in this country.   The Democratic party may be screaming that they are for change, but that isn't the case. If you don't believe me, take a look at who is heading their ticket. The combined years in office of their hopeful president in Joe Biden, Speaker of the House Pelosi, and Senate Minority Leader Chuck Schumer is 101. That's right, over 100 years between the 3 of them - and nothing but Democratic-led destruction has blazed their political paths.  Let me be clear - lifelong liberal politicians despise President Trump; it has been that hatred since even before his election that has led to their hate-filled hack job against him. You see, Donald Trump doesn't fit into their mold - and why? Because unlike the socialistic-rats like Joe Biden, Chuck Schumer, and Nancy Pelosi, Donald Trump doesn't need politics to survive.  Democrats like Biden and his bunch have done nothing and could do nothing without the power and riches acquired while in office. They have not owned a business; they have been responsible for financial solvency and accountability. No, no, for generations, they have sucked and bled dry the American dream at the expense of those they have sworn to protect and those too gullible to know the difference.  Biden, Schumer, and Pelosi prey on the weak and the disenfranchised. Why, because deep down, they and the Democratic party know that their base is made up of expendables. If you lose some, no big deal - for these people, they believe belong to a population class that no one would notice if they go missing.  No one can debate on this - I have the facts to back this claim up. The facts are this, Joe Biden and those pulling his strings and propping him up to do not care about the American people. Instead, they only care about what is in it for them. Democratic leaders, like the Hollywood elites and a majority of professional athletes, couldn't cut the mustard in the private sector - and wouldn't know real, gritty hard work in the shoes of assembly line workers or farmers who have been instrumental to the foundation of our nation's economy.  Democratic politicians are vultures, continuing to pick away at the skin of those in our society who try hard and succeed. In a socialist society, people are watered down to weather away in the muck of crap created by the left's communistic ideals. Mediocrity rewarded, creativity stifled, and our nation left defenseless and lacking innovation.  For far too long, liberals have labeled capitalism as an evil; with every passing piece of legislation, Democrats become encouraged and emboldened in their efforts. Suppose somehow, Joe Biden and those who are pushing his political buttons steal a win in November. In that case, he and they will systemically destroy the Supreme Court of the United States, hellishly conjoining Congress and the courts for one purpose - to push their socialistic agenda and destroy the greatest democracy ever created.  The time to understand has passed - the time for action is upon us.  Music courtesy of Greg Shields Music. http://www.reverbnation.com/GregShields

Cynthia Ryan, the former general counsel of the NGA - the intelligence community's space surveillance and imaging agency - talks about her career path and what the biggest growth areas are in national security law. This episode references: National Space Council https://www.space.commerce.gov/category/national-space-council/ Law and Military Ops in Space with Jack Beard and Dale Stephens https://www.americanbar.org/groups/law_national_security/nslt/20200430-woomera-manual-space-law/ NASA Publishes Artemis Plan to Land First Woman, Next Man on Moon in 2024 https://www.nasa.gov/press-release/nasa-publishes-artemis-plan-to-land-first-woman-next-man-on-moon-in-2024/ The Confidence Code https://theconfidencecode.com/ Lean In https://leanin.org/book Cynthia Ryan is the former General Counsel of the National Geospatial-Intelligence Agency and the immediate past chair of the ABA Standing Committee on Law and National Security https://www.americanbar.org/content/dam/aba/administrative/law_national_security/crryan-bio-20.pdf

This episode of the Lawyers Emotional Intelligence Book Club starts a discussion of a new emotional intelligence skill -- how to stop brushing people off when something is bothering you. We talked about some tactics discussed by the Emotional Intelligence 2.0 book and gave an overview of our next book, Nonviolent Communication by Marshall B. Rosenberg, Phd. You can join me live every week on Wednesday at 7pm central for the Lawyers Emotional Intelligence Book Club at https://www.facebook.com/LawyersEQ. About Dave Scriven-Young: Attorney at Peckar & Abramson, P.C. in Chicago, IL, litigating commercial/business, environmental, and construction disputes. Host, Lawyer Lifestyle Podcast; Co-Chair, ABA Section of Litigation Communications Committee; Member, ABA Standing Committee on Membership; Co-Chair, Chicago Bar Association Commercial Litigation Committee, Chair, Public Interest Law Initiative Alumni Leadership Council. J.D., DePaul University College of Law, B.A. Marquette University. He can be reached at dscriven-young@pecklaw.com. Be a part of the discussion! You can leave me a voicemail by going to https://anchor.fm/attorneydsy and hitting the “message" button. You can of course also send me your questions or comments on social: Twitter: Twitter.com/AttorneyDSY Facebook: Facebook.com/AttorneyDSY Instagram: www.instagram.com/AttorneyDSY LinkedIn: https://www.linkedin.com/in/dscrivenyoung/ YouTube: Youtube.com/ILEnvLawBlog If you need an attorney or want to refer a case, you can contact me at (312) 239-9722 or dscriven-young@pecklaw.com. Check out my website: https://www.pecklaw.com/attorney/david-j-scriven-young/ We provide free consultations. Thanks for watching! Be sure to tune in next week. #law #legal #lawyer #attorney #lawfirm #counsel #emotionalintelligence #EI #EQ #communication #selftalk --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/attorneydsy/message

This episode of the Lawyers Emotional Intelligence Book Club continues a discussion of Dr. Rangan Chatterjee’s book, The Stress Solution. My guest was meditation coach Jeffrey Bunn, and we discussed how proper breathing and meditation can help us to reduce stress. You can join me live every week on Wednesday at 7pm central for the Lawyers Emotional Intelligence Book Club at https://www.facebook.com/LawyersEQ. About Jeffrey Bunn: Jeff is the founding member of The Mindful Law Coaching and Consulting Group and a retired litigation attorney. He is a regular meditator, trained in the vipassana tradition and schooled in Mindfulness-Based Stress Reduction. Jeff was the initial vice-chair of the Lawyers’ Assistance Program Illinois Task Force for Lawyer Well-Being. Among his many speaking engagements, he led guided meditation sessions for the American Association of Law Schools, the ABA Women in Litigation section, as well as the State Bar of Nevada. He can be reached at https://www.themindfullawgroup.com/. About Dave Scriven-Young: Attorney at Peckar & Abramson, P.C. in Chicago, IL, litigating commercial/business, environmental, and construction disputes. Host, Lawyer Lifestyle Podcast; Co-Chair, ABA Section of Litigation Communications Committee; Member, ABA Standing Committee on Membership; Co-Chair, Chicago Bar Association Commercial Litigation Committee, Chair, Public Interest Law Initiative Alumni Leadership Council. J.D., DePaul University College of Law, B.A. Marquette University. He can be reached at dscriven-young@pecklaw.com. Be a part of the discussion! You can leave me a voicemail by going to https://anchor.fm/attorneydsy and hitting the “message" button. You can of course also send me your questions or comments on social: Twitter: Twitter.com/AttorneyDSY Facebook: Facebook.com/AttorneyDSY Instagram: www.instagram.com/AttorneyDSY LinkedIn: https://www.linkedin.com/in/dscrivenyoung/ YouTube: Youtube.com/ILEnvLawBlog If you need an attorney or want to refer a case, you can contact me at (312) 239-9722 or dscriven-young@pecklaw.com. Check out my website: https://www.pecklaw.com/attorney/david-j-scriven-young/ We provide free consultations. Thanks for watching! Be sure to tune in next week. #law #legal #lawyer #attorney #lawfirm #counsel #stress #emotionalintelligence #EI #EQ --- This episode is sponsored by · Anchor: The easiest way to make a podcast. https://anchor.fm/app --- Send in a voice message: https://anchor.fm/attorneydsy/message

Paula Frederick discusses ongoing challenges in the legal industry and her roles as general counsel of the State Bar of Georgia and Chair of the ABA Standing Committee on Ethics and Professional Responsibility.  

This episode references: Women in National Security Law Launch Panel Video https://players.brightcove.net/1866680404001/default_default/index.html?videoId=6162003662001 The Leadership Council for Women in National Security https://www.lcwins.org/ The Op Ed Project https://www.theopedproject.org/ Cynthia Ryan is the Chair of the ABA Standing Committee on Law and National Security and former General Counsel of the National Geospatial Intelligence Agency https://www.americanbar.org/content/dam/aba/administrative/law_national_security/crryan-bio-20.pdf Amb. Bonnie Jenkins is the Founder and Chair of Women of Color Advancing Peace and Security https://www.wcaps.org/board-of-directors Mieke Eoyang is the Vice President for the National Security Program and Chairperson of the Cyber Enforcement Initiative at Third Way https://www.thirdway.org/about/leadership/mieke-eoyang Dawn Browning is the Deputy General Counsel for the National Security and Cyber Law Branch at the Federal Bureau of Investigation https://www.americanbar.org/content/dam/aba/administrative/law_national_security/dbrowning-bio-20.pdf

The black letter law and articles in this episode are: The Insurrection Act 10 USC Section 251-253 https://uscode.house.gov/view.xhtml?path=/prelim@title10/subtitleA/part1/chapter13&edition=prelim Posse Comitatus Act 18 USC Section 1385 https://www.law.cornell.edu/uscode/text/18/1385 William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military” https://www.hup.harvard.edu/catalog.php?isbn=9780674736740 William Banks “Providing “Supplemental Security” – The Insurrection Act and the Military Role in Responding to Domestic Crises,” Journal of National Security Law and Policy, December 2009 https://jnslp.com/2009/12/15/providing-supplemental-security-the-insurrection-act-and-the-military-role-in-responding-to-domestic-crises/ William Banks, Stephen Dycus “Martial Law Would Sweep the Country Into a Great Legal Unknown” The Atlantic, March 27, 2020 https://www.theatlantic.com/ideas/archive/2020/03/martial-law-would-sweep-country-great-legal-unknown/608773/ Calling Forth Act of 1792 https://www.constitution.org/mil/mil_act_1792.htm Stephen Vladeck, “Emergency Power and the Militia Acts” Yale Law Journal, October 2004. https://www.yalelawjournal.org/note/emergency-power-and-the-militia-acts Executive Order 10730 https://www.ourdocuments.gov/doc.php?flash=false&doc=89&page=transcript Executive Order 11053 https://www.presidency.ucsb.edu/documents/executive-order-11053-providing-assistance-for-the-removal-unlawful-obstructions-justice Executive Order 12804 https://www.presidency.ucsb.edu/documents/executive-order-12804-providing-for-the-restoration-law-and-order-the-city-and-county-los Letter from DC Mayor Muriel Bowser to President Trump https://assets.documentcloud.org/documents/6937560/Bowser-Letter.pdf “Federal Plan to Control DC Protests Taps 7,600 Personnel” Bloomberg News, June 4, 2020. https://www.bloomberg.com/news/articles/2020-06-05/federal-plan-to-control-d-c-protests-has-7-600-personnel-tapped Report of the Independent Commission on the Los Angeles Police Department (Christopher Commission Report) https://archive.org/details/ChristopherCommissionLAPD “U.S. Troops Went to the Border in 1997. They Killed an American Boy.” New York Times, November 27, 2018 https://www.nytimes.com/2018/11/27/us/esequiel-hernandez-death-border-mexico.html “Ex-defense chief Mattis rips Trump for dividing Americans” AP, June 3, 2020 https://apnews.com/47a55054ccd7912fd7ceae833fc3feb6 “Troops should not be used as law enforcement against protesters, Esper says” Military Times, June 3, 2020 https://www.militarytimes.com/news/your-military/2020/06/03/troops-should-not-be-used-as-law-enforcement-against-protestors-secdef-says/ William Banks, Stephen Dycus, Peter Raven Hansen, Stephen Vladeck “National Security Law (Aspen Casebook) 7th Edition” https://www.amazon.com/National-Security-Law-Aspen-Casebook/dp/1543806791/ Samuel Huntington “The Soldier and the State” https://www.hup.harvard.edu/catalog.php?isbn=9780674817364 Charles Dunlap "Mobilizing the military for domestic operations: some legal considerations" Lawfire, June 2, 2020. https://sites.duke.edu/lawfire/2020/06/02/mobilizing-the-military-for-domestic-operations-some-legal-considerations/ Professor William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee and an Emeritus Professor at the Syracuse University College of Law http://law.syr.edu/profile/william-banks1 Harvey Rishikof is a Visiting Professor at Temple University Beasley School of Law and the Director of Policy and Cyber Security Research at the University of Maryland Applied Research Laboratory For Intelligence and Security https://www.law.temple.edu/contact/harvey-rishikof/

The black letter law and articles in this episode are: William Banks and Stephen Dycus, "Martial Law Would Sweep the Country Into a Great Legal Unknown" The Atlantic https://www.theatlantic.com/ideas/archive/2020/03/martial-law-would-sweep-country-great-legal-unknown/608773/ The Stafford Act https://www.fema.gov/media-library-data/1582133514823-be4368438bd042e3b60f5cec6b377d17/Stafford_June_2019_508.pdf Public Health Services Act (42 USC Section 201 et seq) https://www.govinfo.gov/content/pkg/USCODE-2010-title42/pdf/USCODE-2010-title42-chap6A-subchapI.pdf Secretary Azar declared an emergency on January 31, 2020 https://www.hhs.gov/about/news/2020/01/31/secretary-azar-declares-public-health-emergency-us-2019-novel-coronavirus.html Defense Production Act (50 USC Section 2061 et seq) https://www.fema.gov/media-library-data/20130726-1650-20490-5258/final__defense_production_act_091030.pdf President Trump announced invocation of Defense Production Act https://www.c-span.org/video/?470599-1/president-trump-coronavirus-task-force-hold-briefing-white-house Insurrection Act (10 USC Section 251 et seq) https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-I/chapter-13 William Banks, Stephen Dycus “Soldiers on the Home Front: The Domestic Role of the American Military” https://www.hup.harvard.edu/catalog.php?isbn=9780674736740 Center for Disease Control and Prevention https://www.cdc.gov/ U.S. Department of Health and Human Services https://www.hhs.gov/ The history of quarantine https://www.cdc.gov/quarantine/historyquarantine.html Implementation of the Defense Production Act by President Truman https://www.crf-usa.org/bill-of-rights-in-action/bria-4-4-b-seizure-truman-takes-the-steel-mills.html Professor William Banks is Chair of the ABA Standing Committee on Law and National Security Advisory Committee and an Emeritus Professor at the Syracuse University College of Law http://law.syr.edu/profile/william-banks1

 Description:In 1961, the fate of the nation's oldest public institution of higher learning hung in the balance. It would be up to one federal judge to rule on the question of equality in education. Mercer University Law Professor Pat Longan joins us to reflect on the life and career of Judge William Augustus Bootle and the case that desegregated the University of Georgia.Guest Bio Patrick Longan is a nationally recognized leader in the field of legal ethics and professionalism. Among other positions he holds, Professor Longan is the director of the Mercer Center for Legal Ethics and Professionalism and a member of the Georgia Chief Justice's Commission on Professionalism. He also serves on the State Bar of Georgia's Formal Advisory Opinion Board and its Disciplinary Rules and Procedures Committee. In 2018, the Supreme Court of Georgia appointed Professor Longan as one of twenty special masters who hear disciplinary cases involving lawyers in Georgia.Professor Longan teaches Mercer's first year course on professionalism, the upper-level Law of Lawyering course, Jurisdiction and Judgments, and Judicial Field Placement. He received the 2005 National Award for Innovation and Excellence in Teaching Professionalism from the Conference of Chief Justices, the ABA Standing Committee on Professionalism, and the Burge Endowment for Legal Ethics. In his academic career, Professor Longan has also taught at Stetson University, the University of Florida, Southern Methodist University, the Charleston School of Law, John Marshall (Atlanta) Law School, and Georgia State University School of Law. Before entering law teaching, Professor Longan served as a law clerk to Senior United States District Judge Bernard M. Decker in Chicago and practiced law with the firm of Andrews & Kurth in Dallas, Texas.Read Pat Longan's article on the case: “YOU CAN’T AFFORD TO FLINCH IN THE FACE OF DUTY”: JUDGE WILLIAM AUGUSTUS BOOTLE AND THE DESEGREGATION OF THE UNIVERSITY OF GEORGIA  If you enjoy Hidden Legal Figures The Podcast, you can support us by donating here and by leaving a review here.To contact us or learn more about The Arc of Justice Institute, visit: https://onthearc.net/ Find Us On Social:TwitterInstagramPodcast TeamTerrass "Razz" Misher, Producer, Podcast-on-the-Go, LLCMia Mance, Social Media Communications, Mia Talks, LLCMarvin Cummings, Special Voice TalentDerrick Alexander Pope, J.D., Host___________________________________________________Hidden Legal Figures is licensed for the exclusive use of The Arc of Justice Institute, Inc. The Arc of Justice Institute is a 501(c)(3) nonprofit, public educational institution. Hidden Legal Figures: The Podcast copyright © 20190-2020 by Derrick Alexander Pope, J.D. All rights reserved.

The black letter law and articles in this episode are: U.S. v. Agron Hasbajrami (2nd Cir., 2018) [PDF DOCUMENT] https://assets.documentcloud.org/documents/6589178/US-vs-Hasbajrami-2nd-Circuit-Opinion.pdf “NDAA conference agreement establishes U.S. Space Force, directs major overhaul of space acquisitions” Space News, December 9, 2019 https://spacenews.com/ndaa-conference-agreement-establishes-u-s-space-force-directs-major-overhaul-of-space-acquisitions/ U.S. Treasury Fact Sheet: Final CIFUS Regulations Implementing FIRRMA [PDF DOCUMENT] https://home.treasury.gov/system/files/206/Final-FIRRMA-Regulations-FACT-SHEET.pdf Morrison & Foerster Fact Sheet: Foreign Investment 2020 (Part 5): Final CFIUS Rules Announced https://www.mofo.com/resources/insights/200116-cfius-rules-announced.html Federalist Paper 65 https://www.congress.gov/resources/display/content/The+Federalist+Papers#TheFederalistPapers-65 Luncheon with the General Counsel of the Office of the Director of National Intelligence https://www.americanbar.org/events-cle/mtg/inperson/393429655/ Harvey Rishikof is the Senior Counselor to the ABA Standing Committee on Law and National Security https://www.law.temple.edu/contact/harvey-rishikof/

Description:In 1961, the fate of the nation's oldest public institution of higher learning hung in the balance. It would be up to one federal judge to rule on the question of equality in education. Mercer University Law Professor Pat Longan joins us to reflect on the life and career of Judge William Augustus Bootle and the case that desegregated the University of Georgia.Guest Bio Patrick Longan is a nationally recognized leader in the field of legal ethics and professionalism. Among other positions he holds, Professor Longan is the director of the Mercer Center for Legal Ethics and Professionalism and a member of the Georgia Chief Justice's Commission on Professionalism. He also serves on the State Bar of Georgia's Formal Advisory Opinion Board and its Disciplinary Rules and Procedures Committee. In 2018, the Supreme Court of Georgia appointed Professor Longan as one of twenty special masters who hear disciplinary cases involving lawyers in Georgia.Professor Longan teaches Mercer's first year course on professionalism, the upper-level Law of Lawyering course, Jurisdiction and Judgments, and Judicial Field Placement. He received the 2005 National Award for Innovation and Excellence in Teaching Professionalism from the Conference of Chief Justices, the ABA Standing Committee on Professionalism, and the Burge Endowment for Legal Ethics. In his academic career, Professor Longan has also taught at Stetson University, the University of Florida, Southern Methodist University, the Charleston School of Law, John Marshall (Atlanta) Law School, and Georgia State University School of Law. Before entering law teaching, Professor Longan served as a law clerk to Senior United States District Judge Bernard M. Decker in Chicago and practiced law with the firm of Andrews & Kurth in Dallas, Texas. If you enjoy Hidden Legal Figures The Podcast, you can support us by donating here and by leaving a review here.To contact us or learn more about The Arc of Justice Institute, visit: https://onthearc.net/ Find Us On Social:TwitterInstagramPodcast TeamTerrass "Razz" Misher, Producer, Podcast-on-the-Go, LLCMia Mance, Social Media Communications, Mia Talks, LLCMarvin Cummings, Special Voice TalentDerrick Alexander Pope, J.D., Host___________________________________________________Hidden Legal Figures is licensed for the exclusive use of The Arc of Justice Institute, Inc. The Arc of Justice Institute is a 501(c)(3) nonprofit, public educational institution. Hidden Legal Figures: The Podcast copyright © 20190-2020 by Derrick Alexander Pope, J.D. All rights reserved.

The black letter law and articles in this episode are: Matthew Ferraro, “Disinformation is harming businesses. Here are 6 ways to fight it”, CNN https://www.cnn.com/2019/06/10/perspectives/disinformation-business/index.html Matthew Ferraro’s remarks to the ABA Standing Committee on Law and National Security on December 4, 2019 https://bcove.video/3674v2k H.R. 3230: The DEEP FAKES Accountability Act https://www.congress.gov/116/bills/hr3230/BILLS-116hr3230ih.pdf Virginia Code § 18.2-386.2 which criminalizes deepfake pornography https://law.lis.virginia.gov/vacode/18.2-386.2/ Texas Senate Bill 751 (SB751) which criminalized deepfake political videos within a month of an election https://capitol.texas.gov/tlodocs/86R/billtext/pdf/SB00751F.pdf#navpanes=0 California Assembly Bill 730 which criminalized deepfake political videos within a 60 days of an election https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200AB730 California Assembly Bill 602 which created a private right of action for victims of deepfake pornography https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB602 Matthew Ferraro is a Senior Associate at WilmerHale https://www.wilmerhale.com/en/people/matthew-ferraro

What fun!  We recorded this one in front of a large live audience at the Annual Review of the Field conference run by the ABA Standing Committee on Law and National Security, and we did...

France Hoang is a veteran entrepreneur who has been on the founding teams of companies that have generated over $600 million of combined sales and employed over 1,200 professionals across the fields of law, aerospace, defense, government services, and technology. France Hoang- Military Experience France was born in Vietnam in 1973. In 1975 he was with his family in Saigon when Communist forces were closing in on the area. Luckily, him and his family were evacuated by US forces and brought to America. France said this experience motivated him to join the US Military. He has been commissioned twice terms and was honorably discharged both times. France previously deployed to the Former Yugoslavia during Operations Joint Endeavor and Joint Guard and later served as the Deputy Chief of Police and SWAT Commander for Fort Leavenworth, Kansas. He also previously worked as a lawyer at the law firm of Williams & Connolly and briefly served as an Assistant United States Attorney in the Eastern District of Virginia. “And based on that experience I felt motivated and obligated to join the military, which I did.” -France Hoang Education and Experience France graduated in the academic top 1% of his West Point class, received a Masters in Criminal Justice from Washburn University, and graduated magna cum laude from Georgetown University Law Center. He somehow also managed to pass both Ranger School and the CPA Exam. France also has over 20 years of national security experience, with service in every branch of the U.S. Government. He clerked for Judge Thomas Griffith on the U.S. Court of Appeals for the D.C. Circuit and was appointed by President George W. Bush as an Associate White House Counsel and Special Assistant to the President. Shortly after leaving the White House, France mobilized in support of Operation ENDURING FREEDOM where he served as the Executive Officer of a U.S. Army Special Forces Company on a combat deployment in Southeast Afghanistan. France said he never really had any plans to start up a business during his time in the military. Entrepreneurial Company France was in contact with a guy by the name of Joe Fluitt during his time in the military. Joe had been in France’s ear about joining one of the companies he had started up when he got back from Afghanistan. France was never planning on getting involved with entrepreneurship, as he planned on going back to being a lawyer. France rejected the offer, but gave it a few days and thought about it. After careful consideration, France accepted Joe’s offer. France's current and previous Board service includes MAG Aerospace, the Stimson Center, Marymount University, Bunker Labs, and the Greater Washington Board of Trade. France also serves as an advisor to the ABA Standing Committee on Law & National Security. France has been quoted by Law360, American Lawyer, National Defense Magazine, and the Federal Times, and his commentary has been published by the Wall Street Journal. “I applied what I called the rocking chair test, which is the things that you would regret not having done when you’re 98 years old sitting in your rocking chair.” -France Hoang To hear more about France’s entrepreneur success, download this episode now. Don’t forget to leave us a 5-star rating and review if you enjoyed the show. We would love to hear from you! Download Joe Crane’s Top 7 Paths to Freedom or get it on your mobile device. Text VETERAN to 38470.   Show Sponsor “I have slept on the dirt, the green yoga mat and military cot many a night during my days in the military and now I sleep in lots of hotel rooms when I’m on the road.  So I know a good mattress when I see one. A few weeks ago we got our new GhostBed and let me tell you…..it’s the best mattress I’ve ever slept on. We don’t ever see ourselves going back to a traditional mattress.” -  Joe Crane What separates GhostBed Mattresses from the others?  They are found on the principle of delivering a bigger...

This episode references: Beyond the Ballot: How the Kremlin Works to Undermine the U.S. Justice System https://csis-prod.s3.amazonaws.com/s3fs-public/publication/190430_RussiaUSJusticeSystem_v3_WEB_FULL.pdf Democracy and Justice in the Age of Disinformation video: https://www.youtube.com/watch?v=UiyCZC4lnVA&feature=youtu.be Lara Flint is the Director of the Governance Program at Democracy Fund Seth Jones is the Director of the Transnational Threats Project and Senior Adviser at the International Security Program at CSIS https://www.csis.org/people/seth-g-jones Sujit Raman is an Associate Deputy Attorney General in the U.S. Department of Justice Suzanne Spaulding is a Senior Adviser at the Homeland Security and International Security Programs at CSIS https://www.csis.org/people/suzanne-spaulding Harvey Rishikof is the Chair of the ABA Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/

This episode references: Full audio for “Supply Chain Security is National Security” https://players.brightcove.net/1866680404001/S14I6jSOz_default/index.html?playlistId=6010694955001 Deliver Uncompromised: A Strategy for Supply Chain Security and Resilience in Response to the Changing Character of War https://www.mitre.org/sites/default/files/publications/pr-18-2417-deliver-uncompromised-MITRE-study-26AUG2019.pdf Joyce Corell is the Assistant Director of the Supply Chain and Cyber Directorate at the National Counterintelligence and Security Center Stephen Preston is a partner at WilmerHale https://www.wilmerhale.com/en/people/stephen-preston Harvey Rishikof is the Chair of the Aba Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/

This episode references: The 2019 U.S. Intelligence Community Law Sourcebook https://www.americanbar.org/products/inv/book/364823968/ “The American Way” Book Reception on May 22 https://nationalsecurity.gmu.edu/ic10/ Andrew Borene is the Senior Director of the Federal National Security Group at Symantec https://intelligencecommunitynews.com/andrew-borene-joins-symantecs-federal-national-security-group/ Harvey Rishikof is the Chair of the ABA Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/

The black letter law and articles referenced in this episode: Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf “Equitable Tolling and the Prosecution of a President” on Lawfare https://www.lawfareblog.com/equitable-tolling-and-prosecution-president Julian Assange Indictment https://www.justice.gov/opa/press-release/file/1153486/download Greg Craig criminal referral for FARA violations https://www.justice.gov/opa/press-release/file/1153651/download “Bill Barr’s Actions on the Mueller Report” on Lawfare https://www.lawfareblog.com/bill-barrs-actions-mueller-report-response-jack-goldsmith Stewart Baker is a partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n Harvey Rishikof is the Chair of the Aba Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/ Mark Zaid is the managing partner of The Law Offices of Mark Zaid https://markzaid.com/zaid/

The black letter law and articles referenced in this episode: Report on the Investigation Into Russian Interference In The 2016 Presidential Election https://www.justice.gov/storage/report.pdf Order 3915-2017: Appointment of Special Counsel to Investigate Russian Interference with the 2016 Presidential Election and Related Matters https://www.justice.gov/opa/press-release/file/967231/download 28 U.S. Code § 509 https://www.law.cornell.edu/uscode/text/28/509 28 U.S. Code § 510 https://www.law.cornell.edu/uscode/text/28/510 28 U.S. Code § 515 https://www.law.cornell.edu/uscode/text/28/515 28 CFR Part 600 – General Powers of a Special Counsel https://www.govinfo.gov/content/pkg/CFR-2016-title28-vol2/pdf/CFR-2016-title28-vol2-part600.pdf Department of Justice Office of Legal Counsel Memos on indicting a sitting president from 1973 https://fas.org/irp/agency/doj/olc/092473.pdf Second Memo from 2000 https://www.justice.gov/file/19351/download Stewart Baker is a partner at Steptoe & Johnson https://www.steptoe.com/en/lawyers/stewart-baker.html Jamil Jaffer is the founder of the National Security Institute at George Mason University https://www.law.gmu.edu/faculty/directory/fulltime/jaffer_jamil_n Harvey Rishikof is the Chair of the Aba Standing Committee on Law and National Security Advisory Committee https://www.law.temple.edu/contact/harvey-rishikof/ Mark Zaid is the managing partner of The Law Offices of Mark Zaid https://markzaid.com/zaid/

Many people have difficulty getting the legal help they need. In this On The Road episode, host Kristoffer Butler talks with a panel at the ABA Midyear Meeting about their varying involvement in public interest law and pro bono opportunities. They discuss the many different areas of the law that they represent and encourage young lawyers and law students to consider public interest law because of its impactful opportunities. They also offer up areas where seasoned lawyers can donate their time to help those with limited access to justice. Amy Horton-Newell is the director of the ABA Center for Public Interest Law. Ainka Jackson is on the ABA Commission on Homelessness and Poverty and is the executive director of the Selma Center for Nonviolence, Truth, and Reconciliation. Wendy Wayne is the chair of the ABA Commission on Immigration and the director of the Immigration Impact Unit at the Committee for Public Counsel Services in Massachusetts. Eric Storey is the Director of Grassroots and Digital Advocacy at the American Bar Association. Buck Lewis is the chair of the ABA Pro Bono Committee. Joshu Harris is chair of the ABA Standing Committee on Gun Violence.

Thanks to the #MeToo Movement, sexual harassment in the legal sphere is being addressed more openly. In this report from On The Road at ABA Annual Meeting 2018, host Stephanie Francis Ward talks to Nicole VanderDoes about the #MeToo movement and workplace sexual harassment in the legal industry. She shares advice for attorneys whose superiors make them feel uncomfortable and how men of integrity shouldn’t fear hiring or being in the same room with women attorneys. Nicole VanderDoes is Chief Counsel for the ABA Standing Committee on the American Judicial System.

The black letter law and articles on this topic: Jack Rives’s testimony to the Senate Judiciary Committee (August 2, 2006) as TJAG https://www.judiciary.senate.gov/imo/media/doc/rives_testimony_08_02_06.pdf Declassified memos from military lawyers, including Jack Rives, criticized interrogations techniques https://www.nytimes.com/2005/07/28/politics/militarys-opposition-to-harsh-interrogation-is-outlined.html Military Commissions Act of 2006 https://www.loc.gov/rr/frd/Military_Law/pdf/PL-109-366.pdf Military Commissions Act of 2009 http://www.mc.mil/Portals/0/MCA20Pub20Law200920.pdf UCMJ Article 90 and Article 92 on obeying lawful orders https://www.law.cornell.edu/uscode/text/10/890 https://www.law.cornell.edu/uscode/text/10/892 A report on the US Military Commissions by the ABA Standing Committee on Law and National Security https://www.americanbar.org/content/dam/aba/administrative/law_national_security/ABAMilitaryCommissionsWorkshopFINAL.authcheckdam.pdf Jack Rives is the Executive Director of the American Bar Association https://www.americanbar.org/groups/leadership/aba_officers/rives.html Join the ABA today https://www.americanbar.org/membership/join_and_renew.html Or visit the ABA career board https://jobs.americanbar.org/jobseeker/search/results/

  Mark Bassingthwaighte sat down with ALPS' Executive Vice President Chris Newbold earlier this year to discuss the topic of Attorney well-being. They take a look at the challenges facing the profession and the steps being taken across the country to make improvements and provide resources. To learn more, visit the National Task Force on Lawyer Well-Being's Resource Page, featuring the report and more information on what is happening in your state.  ALPS In Brief, The ALPS Risk Management Podcast, is hosted by ALPS Risk Manager, Mark Bassingthwaighte. Transcript MARK:  Hello, this is Mark Bassingthwaighte. I'm the risk manager here at ALPS. Welcome to another episode of ALPS in brief. We're coming to you from the historic Florence building in beautiful, downtown, Missoula, Montana and I'm delighted to be able to introduce our guest this afternoon, Chris Newbold, the executive, vice-president of ALPS. We're going to talk today about attorney well-being. Chris, before we begin with this topic, can you take just a few minutes and tell our audience a little bit about yourself? CHRIS: Yeah, Chris Newbold. As Mark said, executive, vice-president of ALPS, where I have really the benefit of playing a variety of different roles within the company. I've been with ALPS since 2002 and I work closely with Mark on making our lawyers better practitioners, as well as managing our bar relationships around the country. As many of you know, ALPS is endorsed by more states than any other and it's a great opportunity to be able to understand the value of the organized Bar and we work with those Bars to aid them in best serving their members. MARK: Very good. We recently gave a presentation in Idaho on attorney well-being and you had a person al story that really struck me. Can you talk a little bit about your personal interest in this whole subject area of attorney well-being? CHRIS: Yeah, I had the great fortune of attending The University of Montana for my legal education and one of the great things about attending a smaller law school is the ability to be able to go to a school with a smaller class. I had a class of about 70 students or so in my first year. The interesting thing about how I've seen my class as they've sent through their professional development is I've unfortunately seen four of my classmates, in the 16, 17, 18 years or so since I've graduated, actually commit suicide. It's an issue that's hit home for me about just, where is our profession at? And what is it that drives folks to think about that turn of events? And what can we do about it as a profession that cares about its brethren? I've decided to lean in on the subject and get more active on a national level. MARK: What a wonderful thing to be doing. What we're seeing around the country in terms of just Bar Associations and this whole topic is just becoming a very, very important issue to focus on. As we think about this practice, in terms of malpractice prevention, you know that kind of thing. How does ALPS view the whole issue of attorney well-being? CHRIS: Yeah, I think it's a critical one that I think often time malpractice carriers don't focus on enough. A lot of times we focus our time ... A lot of your time, focusing on law practice management, technology trends, cyber security, but the interesting thing is that I think we all fundamentally agree with the principal that to be a good lawyer, one has to be a healthy lawyer. The reality is- MARK: Of course. CHRIS: The reality is, that in many of the claims that we see, we see issues associated with substance abuse, with mental health types of issues, depression, stress, that ultimately begins the ball rolling in terms of a lawyer's life beginning to spin out of control. We see it, I think in our claims activity, that sometimes some of these issues really sit at the forefront of why a claim and an exposure to ... a susceptibility to a claim, comes to the forefront. The more that we can be at the forefront of making lawyers better lawyers through being healthier lawyers, I think ultimately it makes ... it makes good sense for us, but more so it makes good sense for the profession. MARK: Right, yeah, when I do a lot of lecturing on the topic, I often talk about this whole issue as being the real cause of malpractice. Carriers, we record, in terms of this statistical data. We talk about how many countering missteps were there. We talk about what the mistake was, but we really don't track and record why the mistake happens and these are the issues. It is substance abuse. It is depression. It is Alzheimer's and all kinds of things, so this health topic is very, very hot for malpractice prevention and just how I see it in legal circles. You have become involved in the nation task force on attorney well-being. Can you talk to us about this came together? And how it ultimately wanted to measure its success. Just bring us up to date on what's happening with the task force. CHRIS: Yeah, the task force was conceptualized and initiated by the ABA commission on lawyer assistance programs. The [inaudible 00:14:40] community if you will. MARK: Yes, okay. CHRIS: Also, the National Association of Bar Council and the Association of Professional Responsibility Lawyers and I think those groups were interesting to come together and say, "Wait, we may be facing a profession that simply is falling short when it comes to well-being." I think that their intention was, it's time to have a national conversation about where the legal profession is in terms of well-being and that collection of entities, that was both in and outside the ABA, was created in August of 2016. It has expanded to include the ABA Standing Committee on Professionalism, the ABA Center for Professional Responsibility, the National Association of Bar Council, the National Conference of Chief Justices, the National Conference of Bar Examiners, because when you really thin about well-being, it really spans the totality of stake holders in our legal community. It was from those groups that we brought these entities together and started to say, "What can we do? How should we think about lawyer well-being?" I think from a measurement standpoint, it all became about, what can we do to increase the health of our profession and I think part of that was getting moving on bringing the stake holders together and thinking about, What is it that we can do to ignite a discussion about the subject that ideally transforms itself into a movement, that brings various stakeholders together to think about what each individual stakeholders' role can be in terms of advancing the ball. MARK: Okay, yes. When I ... I like, you've talked about how we're bringing people together. We're starting a conversation, but this group has gone well beyond just having a conversation. There really has been, if you will, a crowning achievement here in terms of a publication, The Path To Lawyer Well-Being; Practical Recommendations for Positive Change. Can you talk to us about what this report aimed to do and why is it gaining the traction that it is in such a short period of time? CHRIS: The report was, again most of the folks who are associated with the National Task Force are volunteers, so to ignite a movement if you will, we feel like we needed to put together a definitive report on the ... How do we create a movement to improve well-being in the profession? We basically set out to lay out a blue print, if you will, and to say, what is the issue? How do we define well-being? How do think about what other reasons are to take action? What are the calls to action that different stakeholders can take? And then to offer concrete, definitive steps that were really authored and peer-reviewed by individual stake holders groups to be able to then lay forward a, if you want to take action on this particular issue here are some things that you can think about. If you get a chance to take a look at the report, widely available obviously on the internet, it really does lay out a host of 50, 60 recommendations if you will on how we can improve on the well-being front. It really brings in the totality of stakeholders that can play a role in the particular fight. That could be from the judiciary to the regulators to the Bar Associations to the law schools to the lawyer assistance programs, even to the professional liability carriers. It was really that kind of semblance of how do we bring all of the different groups together to put together a definitive report that ideally would ignite a national discussion. Which, we're really pleased that we think that it has, although just when we think that we've ignited a movement if you will, some people are just hearing about it for the first time, so we've got a long way to go in terms of where we want to get to. We think that the first step in terms of authoring this report, was a great first step on behalf of the National Task Force. MARK: Oh, absolutely. I couldn't agree more. We're talking here about the health of the legal profession. Can you share some thoughts on just the overall benefits of lawyer well-being? CHRIS: Yeah, I really think it breaks down into three reasons. One, it's good for business. When you think about lawyer health, it's an important form of what I would call human capital, in terms of providing a competitive advantage in the law firm environment. The more that job satisfaction predicts retention and performance, when you can cultivate a culture that ultimately is embracing of well-being, you lower turn-over, you heighten client satisfaction, you heighten productivity and ultimately for law firms, you heighten on profitability. For me, the first stop is, I think, it makes sense from a good for business perspective. Secondly, I think it's good for our clients. You work in the business of ethics and professionalism and when you think about rule 1.1- MARK: Right. CHRIS: That requires lawyers to provide competent representation and when we think about a lawyer's duty of competence, we all operate better when we operate from a position of strength and health than we are from one of deficiency or depression or stress. When you look at it just from the indispensable part of a lawyer's duty of competence, well-being makes sense, right? MARK: Right. CHRIS: And then I think the third element is just this notion of, it just is the right thing to do from a humanitarian perspective. From thinking about how we work with our fellow lawyers. We knew to do more to just do the right thing. I think sometimes there's a stigma attached for thinking about what's in the best interest of others. We feel like well-being, it's good for business. It's good for clients. It's the right thing to do. MARK: You know and I ... This is interesting. I've shared, you know, I do a lot of lecturing as you well know on this whole topic of attorney well-being, but coming at it from a risk management, malpractice perspective. So much of my focus is really on addressing, we need to learn to recognize, address substance abuse, mental health. Try to teach steps that we can take to move forward and get help where help is needed, but I'm sensing here, that what you and the task force is focusing on is a broader conversation. Where looking at well-being as something more than just addressing the substance abuse issue, the mental health issue. Is that correct? CHRIS: I think that's exactly right and that's not to diminish the real challenges associated with substance abuse, depression, stress, mental health types of issues. It's really, for me, it's thinking about, where are lawyers at in terms of satisfaction? In terms of life satisfaction? One of the things I really enjoyed, you know some of the kind of social science elements of the report, was really defining lawyer well-being and thinking about it as a continuous process in which lawyers strive in each dimension of their life. Whether that's the emotional dimension of their life and recognizing the ability to identify and manage one's emotions to support mental health. Whether you're thinking about the occupational well-being and how much satisfaction and growth and enrichment are you getting from your work life? The intellectual component of well being and continuously learning and challenging one's self in terms of ongoing development. The spiritual element of well-being. How are we doing with respect to a sense of meaningfulness and purposefulness in all aspects of our life? Obviously, the physical one. We just turned ... A lot of New Year's Resolutions going on right now. The notion of regular physical activity, eating well, sleeping well and then the social element of well being. Are we developing a sense of connection, belonging and support networks? When you think about well-being, not just from the substance abuse side, but from the emotional, the occupational, the intellectual, the physical and the social side, there's really a wide-ranging compendium of elements that I think ultimately drive into the well-being equation. MARK: Yes, yeah. Okay. Very good. How would you assess where this whole well-being movement is today and do you have any thoughts on where it's going to go? Particularly in light of what the task force has done here? CHRIS: I think that we're in a very interesting position. Someone recently mentioned to me that this is the right discussion point at the right time for the profession and I happen to agree with that. I mean, I think that the report itself was a call to action. I think the stakeholders have been identified and what role people can play. I think there's a lot of work that we can do in ending some of the stigma surrounding help seeking behaviors that sometimes effect lawyers. I mean we're obviously, we talked a little bit about emphasizing that well-being is an indispensable part of a lawyer's duty of competence. I think we're at a time where it's much more socially acceptable to begin to kind of talk about these issues more openly, which begins with educational outreach and programming on well-being types of issues. I think we're changing the tone of the profession, one small step at a time. What I'm enlightened by is the notion that there's a growing sentiment from the national, from the report, that's stimulating conversation at the local and the state level. We're seeing a variety of different state commissions and task forces come in to play, that's assessing, how are things going in local law schools? How are things going in local firms? How's the regulatory community thinking about this? How does this affect our CLE requirements? I just think there's a lot of interesting conversations going on right now that ultimately is going to lead to the type of action that we anticipated in the drafting of the report. MARK: I agree with you and I certainly hope so. The one thing that impressed me is the broad coverage of the analysis and of the ideas coming out of this report. For you listeners, I certainly encourage you at some point, to take a look at this report, the publication. It is quite a fascinating read. Chris, it's been a pleasure. Before we wrap up, do you have any concluding comments, remarks you'd like to share? CHRIS: I would just conclude by again, the premise here, which is that good lawyers are defined by healthy behavior. I think as a profession we need to be thinking about how law students are thinking about the profession, the demands that we're placing on our associate lawyers. There's a lot of kind of interesting elements that are coming to fruition here in this discussion and I remain optimistic, that while I think we have some challenges, I think we also have some of the most intelligent and thoughtful folks in our profession. The more that we can work together, collaboratively, I think that's there's definitely a yearning and an ability for us to improve the health of our profession and that's ultimately the goal. MARK: Sort of one of my take aways with this whole conversation is, you're reminding us to think about why we do what we do. In essence, we don't live to work. We really should work to have a life and to live and to enjoy. It just, to me it helps me start to think about priorities again. What's important. Listen Chris, it really has been such a pleasure. I do appreciate you taking the time to visit with our listeners here on the In Brief podcast. Hopefully at some point in the future, we can get together again and explore other topics, perhaps even follow-up on this. To those of you listening, thanks for taking the time and please feel free, if any of you have any thoughts, ideas on other topics or items you'd like to hear discussed in future podcasts, please don't hesitate to reach out. You can find me at mbass@alpsnet.com That's it. Thanks for living. I'm sorry. Thanks for listening. Have a good one. Bye-bye.

As Steve Scudder, Will Hornsby, Beverly Groudine, and Terry Brooks retire from the ABA, they reflect on their careers and the difference they’ve made within access to justice. In this report from On The Road at the 2018 Equal Justice Conference, host Kimberly Sanchez talks to these ABA legends about their time at the ABA including their successes and the impact they’ve seen the ABA have on the expansion of legal services for all. They also discuss how they’ve seen the conversation around access to justice grow and how the ABA will continue to address the problem in the future. Terry Brooks is formerly the director of the American Bar Association Division for Legal Services, and chief counsel to the ABA Standing Committee on Legal Aid & Indigent Defendants (SCLAID). Beverly Groudine was formerly a staff member of the American Bar Association, working on a wide range of issues regarding access to justice including Interest on Lawyers’ Trust Accounts (IOLTA) and other funding initiatives for legal aid. Will Hornsby served as staff counsel at the American Bar Association for more than 25 years and supported the Standing Committee on the Delivery of Legal Services. Steven Scudder is currently a consultant and was recently counsel to the ABA Standing Committee on Pro Bono and Public Service.

In our 209th episode of The Cyberlaw Podcast, Stewart Baker, Susan Esserman, Maury Shenk, Jim Lewis, Jamil Jaffer, and the hosts of National Security Law Today, a podcast of the ABA Standing Committee on Law and National Security: CLOUD Act sneaks into law, moots Microsoft Ireland case; the Electronic Frontier Foundation (EFF) advertises its impotence; the American Civil Liberties Union (ACLU); Big Tech rides high, or at least higher than EFF; Section 230 immunity is breached. Look for more breaches ahead; Trump Administration imposes $60 billion in tariffs on Chinese goods – and more – for IP violations; the Federal Communications Commission rule would further discourage US purchases of Chinese telecom infrastructure; Iranian hackers charged with massive thefts of IP; Uber’s self-driving car raises questions about how good the tech really is; meanwhile, AI looks at least good enough to kill off a few lawyers, or at least their jobs; Facebook and Cambridge Analytica: is this a phony scandal, and does that matter? New York, Massachusetts, and the United Kingdom start beating on company; risks for the right; bad thoughts, no transport! China’s social credit system is looking more and more like Black Mirror (or maybe like Lyft’s nasty Social Justice Warrior/Southern Poverty Law Center mashup); speaking of which, firearms demo videos banned from YouTube. Our guest interview is with Michael Page, Policy and Ethics Advisor at OpenAI. The views expressed in this podcast are those of the speakers and do not reflect the opinions of the firm.  

In early August, the American Bar Association's House of Delegates will vote on a proposed amendment to Rule 8.4 of the Model Rules of Professional Responsibility. The amendment would subject lawyers to professional discipline for "harassment" or "discrimination," even if the conduct was unintentional or committed unknowingly, and even if the harassment or discrimination is not prejudicial to he administration of justice.  The rule proposes that any conduct "related to the practice of law," including running a law firm, representing a client, or engaging in social conduct as a lawyer, would fall under the rule. The rule also expands the classes against which unknowing "discrimination" is prohibited to include "socioeconomic status," "gender identity," and "sexual orientation." Given the current cultural winds, this rule is a dangerous minefield for lawyers, particularly those who don't see "gender identity" or "sexual orientation" as cultural "causes" to be celebrated. Brad Abramson, Senior Counsel with the Alliance Defending Freedom, has been following this issue for several years. About three years ago, a handful of states moved to enact similar changes, and Brad has been on top of the issue ever since. Now that the ABA is following suit, there is a danger that many more states will jump on the bandwagon.  Join host Mike Schutt as he and Brad discuss the proposed rule and its specific dangers to practicing lawyers. They discuss the proposal's break with the tradition of lawyer autonomy, its Constitutional difficulties, and the specific changes the new rule would make. They also speculate as to why the ABA Standing Committee on Ethics and Professional Responsibility would ignore 477 lawyers' comments opposing the rule (in contrast to the 17-- just 17!-- in favor of the rule) when revising it. In closing, Schutt and Abramson suggest that attorneys everywhere contact their delegates and urge a "NO" vote on the proposed amendment, Resolution 109, at the ABA House of Delegates meeting August 8 and 9. A list of delegates is available here. Both Christian Legal Society and ADF submitted detailed comments opposing the rule. Read them here (CLS) and here (ADF).  Mike Schutt is the host of Cross & Gavel audio, and Associate Professor at Regent University School of Law, where he has taught Professional Responsibility and Torts, among other things. He is a graduate of the University of Texas School of Law. He currently teaches American Legal Thought in the Regent MA program and directs Attorney Ministries for the Christian Legal Society. Contact him at mschutt@clsnet.org. Bradley Abramson serves as senior counsel with Alliance Defending Freedom, where he plays an integral role on the Alliance Coordination Team. He also directs the Bar Association Project, which focuses on encouraging allied attorneys to participate in and influence bar associations to advance religious freedom. He earned his J.D. from the University of Minnesota Law School. Contact him at babramson@adflegal.org.  

The ACLU's Jameel Jaffer, ODNI General Counsel Robert Litt, and Syracuse Law's William Banks debate FISA. Laura Donohue of Georgetown law school moderate at the ABA Standing Committee on Law and National Security's 24 Annual Review of the Field of National Security Law.

When a law firm breaks up or a lawyer leaves to start a new practice, there are always clients, contingency arrangements, and hourly cases to split up. It is important to know what ethical steps a lawyer or law firm should take when parting ways. If the firm splits up, who has the rights to the name, brand, clients, or even client files? How can both parties ethically allocate unfinished business, accounts receivable, or unsettled contingency prearrangements? An ethical and professional split is inevitably beneficial for the future of the law firm and the lawyer. On this episode of The Digital Edge, Sharon D. Nelson and Jim Calloway ask legal ethics expert Tom Spahn about the proper way to professionally deal with the various situations that arise when a law firm splits up. He explains that lawyers and their firms should remain civil and open to negotiation before the lawyer has left. Firms have run into trouble while trying to penalize leaving employees on an individual basis. He discusses the ethically proper way to deal with unfinished business doctrines, document retention programs, and fiduciary duties to clients. Due to technology, there are new issues to consider including digital files or property ownership of domain names. Overall, however, Spahn emphasizes that every partner has a continuing duty to make sure every client is adequately served. Tom Spahn, often known as "Mr. Ethics" in Virginia, practices as a commercial litigator in the Tysons Corner office of McGuireWoods. He has served on the ABA Standing Committee on Ethics and Professionalism, and has spoken over 1,200 times on ethics and other topics in the United States and abroad. Special thanks to our sponsor, ServeNow.