HNBA 2010 Annual Convention: El Futuro Sin Límite/Future Without Limits

September 8-11, 2010

Wednesday, September 8, 2010

6:00 p.m.-9:00 p.m.

Welcome Reception

Minneapolis Orchestra Hall

Entertainment provided by Paraguayan Harpist Nicolas Carter

Remarks by U.S. Senator John Cornyn (R-TX)

Thursday, September 9, 2010

8:00 a.m. – 8:15 a.m.

Welcome Remarks

8:15 a.m. – 9:30 a.m.

Plenary Breakfast:

So you want to become a judge?

An overview of the different paths available to attorneys who are interested in considering a position in the judiciary. The panelists will offer their unique perspectives on the qualifications and attributes necessary for those seriously interested in becoming a judge. In addition, they will offer practical guidance on how best to successfully pursue a judicial position, whether the position is available through appointment only or election.

9:45 a.m. – 10:50 a.m.

Business Track:

The Challenges and Opportunities of Acquiring and Selling Companies in Emerging Countries

It once was said that if the U.S. economy sneezed, emerging markets caught a cold.  That axiom did not completely apply with the recent economic downturn.  This panel of experts will review legal developments and offer practical advice in the M&A area.  The focus will be on issues related to increasing profit potentials.

Dispute Resolution/Litigation Track:

Business Bankruptcy Basics for the Generalist

This course will provide you an overview of the applicable law, the required steps to take and the pitfalls to avoid when dealing with business bankruptcy issues.

Public Interest/Service Track:

The Arizona Law to Outlaw Immigrant Status:  The Court Battles, The Discriminatory Outcomes

This panel will discuss the legal precedents in similar cases and provide an update as to the lawsuits to void Arizona’s SB 1070.  It will also discuss the myths that justify the draconian efforts of outlawing status, a concept that shocks the very essence upon which America was created.  The participants will discuss the various questionable constitutional violations, including the doctrine of the plenary power of Congress in the field of immigration enforcement, the ex post facto concerns of making it crime today for conduct that occurred previously, and the Fourth Amendment concerns of having Latinos subjected to identity checks similar to the practices in Nazi Germany of checking “Jewish-looking” people and the obvious concerns centered on how local police will conclude that there is “reasonable suspicion” that a person is an undocumented immigrant.

Judicial Summit /Bench and Bar Track:

The Nuts and Bolts of Bankruptcy Court

Judges will outline the basics of practicing in Bankruptcy Court.  The judge will also discuss current trends in Bankruptcy proceedings. Finally, judges will discuss their own career path to the Bankruptcy bench.

11:00 a.m. – 12:00 p.m.

Business Track:

Glean, Clean and Now Green: America’s New Leadership on in Green Technology

Efforts by the U.S. to stimulate the economy boosted advancements in green technology.  Whether creation of new light bulbs, enabling wind generated power, or forms of investment, green technology marks the new growth path for our future.  Join this exciting group of experienced panelists as they examine the laws and regulations that support green technology. After this presentation, you might be on your way to becoming a new Green Lawyer.

Dispute Resolution/Litigation Track:

Social Networking and Media in the Workplace: Rights, Responsibilities, Current Trends and Best Practices

It is common knowledge that the use of social networking sites like Facebook, Twitter and the like, continues to rise.  And the workplace is not immune to this trend – surveys show that employees frequently use these sites, even during working hours or to comment on work issues.

Public Interest/Service Track:

Addressing the Mortgage Fraud Crisis

The American dream of home ownership is under attack from mortgage fraud.  It is a crisis that cannot and should not be swept under the rug.  Recent prosecutions have charged players in almost every part of the mortgage business:  mortgage brokers, bank employees, title agents, dirty appraisers, straw buyers and even buyer recruiters.  To address this problem, President Obama established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated and proactive effort to investigate and prosecute financial crimes.  The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. Mortgage fraud is a key focus of the Financial Fraud Enforcement Task Force’s efforts.

Judicial Summit /Bench and Bar Track:

U.S. Supreme Court Update

Judge Schiltz will outline two recent U.S. Supreme Court decisions, Ashcroft v. Iqbal and Bell Atlantic Corp. v. Twombly.  The cases address the issue of qualified immunity shielding governments from liability despite allegations of violations of constitutional rights.

12:00 p.m. – 1:30 p.m.

Latina Commission Luncheon:

Featuring The Honorable Sandra Day O’Connor, Retired Justice, U.S. Supreme Court

1:45 p.m. – 2:50 p.m.

Business Track:

A Peso or a Beso? Credit Availability and Financing in Latin America

A major factor of the U.S. economic downturn has been the shortage of credit, but credit has always been difficult to obtain in Latin America. This presentation examines the legal issues and developments involving credit markets in Latin America.  Practical advice is provided on assisting clients seeking to do business in Latin America.

Dispute Resolution/Litigation Track:

Trial Strategies for Patent Cases

What you should do when your client receives a “take a license or be sued” from a non-competitor.

Public Interest/Service Track:

The “Other” Brown: Hernandez v. Texas and the Past, Present and Future of Latinos and the 14th Amendment

The Hernandez v. Texas  and Brown v. Board of Education cases, decided within a two-week period, send different signals as to the Court’s rationale for finding a Fourteenth Amendment violation.  Hernandez lacks the direct proof of discrimination that Brown abundantly possesses.   However, Hernandez found the circumstantial evidence to be quite compelling.  The Court concluded it was incredulous that during a period of twenty-five years, a county with a fourteen percent Latino population could not find even one Latino to serve on a jury.  The statistics alone seem to pave the road to the Court’s language that the “result bespeaks discrimination.”   While Hernandez leaves room to argue that discriminatory impact evidence suffices to prove a violation of equal protection, later Supreme Court precedents create in civil rights attorneys a concern that they need the smoking gun of an overtly racist act in order to prove their equal protection claim.  The panelists will discuss the Hernandez case and its development as well as ideas as to how the holding can be applied to issues like educational opportunity and others which confront the Latino community, the nation’s largest and still growing ethnic minority group.

Judicial Summit /Bench and Bar Track:

Perspectives from the Bench—Good and Bad Pre-Trial Advocacy

Civil Motions Practice—the judges will address practical and successful strategies for motions practice and settlement conferences in both cases.  Each judge will describe her own expectations of litigants and the need for civility in the practice of law.

3:00 p.m. – 4:00 p.m.

Business Track:

From Local to Global:  Todos Somos International Lawyers

Once, not long ago, international lawyers were strange creatures that dwelled in the arcane, esoteric, and exotic areas of the law, who spoke in strange lexicons and were in continuous foreign travel.  Because of the global nature of doing business that now exists, all that has changed.  Almost all legal disciplines that were once purely domestic now incorporate international components, and many of today’s routine legal matters involve international related issues that must be addressed by lawyers in all disciplines.  This panel of seasoned attorneys, who represent a wide area of international law in both the public and private sectors, will briefly address developments in international law that are inherent in domestic matters: criminal, labor and employment, domestic relations, litigation and arbitration, and intellectual property.  The panelists will focus their discussion in the context of their respective careers and offer practical advice on how to enter (or develop) an international law career.  The panel will be interactive and strive for significant engagement with the attendees.

Dispute Resolution/Litigation Track:

Dos and Don’ts for Lawyers at Mediations

Panel discussion on alternate dispute resolution methods/models that may be employed outside courtroom litigation to efficiently achieve resolution of cases, best practices to effectively represent your client in ADR and pitfalls to avoid.  Don’t miss this session bringing together a district court judge and experienced attorneys who will address ADR methods/models employed by litigants and innovative case management and ADR options and services available in District Court to facilitate settlement.

Public Interest/Service Track:

Hispanic Educational Neglect—The Future of the Latino Community

This topic addresses the primary Civil Rights issue facing our community.   Can school districts continue to operate with the same programs and pedagogy when the results continuously indicate a dismal failure?  The attrition rate among Latino youngsters is staggeringly high, depriving this nation of a large group of trained and educated resources for the future.  This dropout rate further aggravates the concerns since the Latino youth population is the largest and fastest growing among the identifiable American population.  The panel will discuss what the Supreme Court has done for or against this issue [Horne v. Flores, 129 S. Ct. 2579 (2009)] as well as decisions in the federal appellate courts and the various states where Latinos have a significant presence.

Judicial Summit /Bench and Bar Track:

Perspectives from the Bench—Good and Bad Trial Advocacy

We all want to win.  The judges will give examples of winning strategies in court.  The judges give a behind the bench perspective of what works and what fails in trial and why.

4:10 p.m. – 5:30 p.m.

Business Track:

Are There Any Doctors Left in the House? The Legal Reverberations of U.S. Health Care Reform

U.S. health care reform created significant changes to health care law and related fields.  This presentation will focus on opportunities and challenges that health care reform created for both lawyers and their clients.

Dispute Resolution/Litigation Track:

Addressing Race and Culture in Jury Selection

This panel will examine the impact which race, ethnicity and cultural factors play in selecting a jury.

Public Interest/Service Track:

Identity Theft

Identity theft is a crime that victimizes people and businesses in every community throughout the United States.  As many as 9 million Americans fall victims to identity theft each year.  This CLE will identify and discuss the various forms of identity theft, including credit card skimming, the use of stolen and counterfeit identification documents, stolen and counterfeit checks, patient information, and phishing.  The panel will also address available federal and state laws to combat identify theft and provide useful advice and resources on what you can do to avoid becoming a victim of identity theft.

Judicial Summit /Bench and Bar Track:

Ethical Challenges for Lawyers and Judges

Judges will describe examples of ethical challenges judges and lawyers face both here in the United States and abroad.  The judges will discuss the lessons they have learned in training judges from other countries.   A discussion of what makes the American justice system ethical.

6:30 p.m. – 10:00 p.m.

Science Museum of Minnesota (St. Paul)

10:00 p.m.

After Party

Friday, September 10, 2010

8:00 a.m. – 9:00 a.m.

The State of Diversity in the Judiciary

Remarks by U.S. Senator Al Franken (D-MN)

An honest and frank discussion by an expert panel of judges, lawyers, professors and others on the present state of diversity in the judiciary.  Among other things, the panel will discuss whether the American judiciary is reflective of society at large and whether progress is being made to eliminate discrimination on the basis of race, ethnicity, gender, sexual orientation and/or disability.

9:30 a.m. – 10:30 a.m.

Business Track:

The New Frontier:  Enforcing Rights and Protecting Intellectual Property in the Global Market

The creation and advancement of new ideas, inventions, and learned experience has propelled the advancement of the global market.  Yet, adequate protection and enforcement of intellectual property in international markets remains a serious concern.  This panel of experienced IP lawyers will provide an interactive discussion on protecting corporate intellectual property assets while engaging in international transactions and operating in the global marketplace.

Dispute Resolution/Litigation Track:

Hot Topics in Criminal Law

The latest topics being addressed in Courts nationwide and new developments in litigating and defending criminal cases.

Public Interest/Service Track:

Immigration Consequences for Practitioners after Padilla

In light of the recent Supreme Court decision of Padilla v. Kentucky, it is now more important than ever that all practitioners know what immigration consequences a client faces and what is involved in the removal proceedings.

Judicial Summit /Bench and Bar Track:

Sentencing Advocacy and Judicial Discretion

Sentencing Advocacy has become critical in the practice of criminal law.  Advisory sentencing guidelines have granted judge’s discretion in fashioning reasonable sentences.  Judge Erickson will offer her expectations and approach to sentencing hearings.  USA Jones will discuss DOJ sentencing policy and offer the prosecutors perspective and approach toward sentencing advocacy.

10:40 a.m. – 11:50 a.m.

Business Track:

Developing the Work Force of the Future: Diversity at the Workplace and Challenges of Employment Law

Panelists will discuss how to effectively create a diverse workforce and how to deal with legal and cultural obstacles.

Dispute Resolution/Litigation Track:

Workplace Privacy and Employee Monitoring—How to Draw the Line

Given the prevalence of electronic communication in the workplace, and employer monitoring of these communications, disputes have arisen as to the proper balance between employees’ privacy rights, and employers’ rights to protect themselves and their employees.  In Ontario v. Quon, the Supreme Court considered the scope of the right to privacy in the context of employer-issued communications devices.  This program will discuss the far-reaching implications of Quon and other recent employee privacy cases.  The program will also recommend strategies for employers to develop and enforce computer policies that protect business information while respecting employee privacy rights.

Public Interest/Service Track:

Overview of the Status of LGBT Laws

Overview of the state of the law and how it intersects with the Latino Community:  employment rights/employer responsibilities; newly passed hate crimes law; immigrant consequences; repeal of don’t ask don’t tell.

Judicial Summit /Bench and Bar Track:

Perspectives from the Bench—Effective Appellate Advocacy

Speakers will describe examples of effective appellate advocacy.  The justices will discuss brief writing and oral argument winning strategies.

12:10 p.m. – 1:30 p.m.


War Stories

A frank discussion between some of America’s leading general counsels on how to effectively guide your client in a tough economy, the importance of multiculturalism to economic success, the key to effective leadership and more.

1:45 p.m – 2:45 p.m.

Business Track:

The Tango, Rumba or Cha-Cha-Cha: New Dances for Commercial Real Estate Development in a Distressed Market

This CLE will explore innovations in development and financing strategies that can be utilized to structure or complete commercial real estate developments that are distressed in the sense that its principals cannot commence or complete them because of distressed or non-existence financial resources or other market-oriented concerns.  The panel will comment on both structuring and salvaging distressed developments.

Dispute Resolution/Litigation Track:

The Basics of International Dispute Resolution – International Mediation

Utilizing mediation as one effective way of resolving international commercial disputes.

Public Interest/Service Track:

Commission on Latinas in the Profession

Since September, the Commission has undertaken a follow-up study to its Report, Few and Far Between, on Latina lawyers in the public interest sector.  We have conducted/concluded our focus groups and currently have its national survey out.  This follow up report will be published and distributed at the Convention in Minnesota.

Judicial Summit /Bench and Bar Track:

What Is an Empathetic Judge?

Justice Sotomayor’s confirmation hearings inspired a national conversation about what it means to be an activist judge and whether judges should be empathetic.  The Judges will define the terms activist and empathetic in the judicial arena and outline what it takes to be a good judge.

3:00 p.m. – 4:20 p.m.

Business Track:

Hot Topics in International Tax Planning in Cross-Border Transactions

Panelists will discuss effective strategies for the expansion of business into new countries and markets, effective use of tax treaties, establishing foreign bank accounts, and other important matters.

Dispute Resolution/Litigation Track:

Litigating Mass Torts Cases

To many, the area of mass tort law seems like something straight out of a John Grisham novel or the movies.  However, several all-too-real mass disasters have occurred recently, and numerous states have legislated legal mechanisms and remedies to assist the victims of these real disasters.  Examples of such disasters include the collapse of the I-35W Bridge in Minneapolis, Hurricane Katrina and the destruction of the World Trade Center.  Come learn how real lawyers have helped the victims of these disasters through utilizing remedies created by special state laws, common law tort lawsuits and class actions.  Also hear the perspective of defense lawyers who have defended mass torts cases involving alleged clergy abuse, Vioxx cases and more.  Attendees will leave this course with a clearer understanding of how mass torts cases are litigated.  The stories you will hear and the perspectives that will be shared will be just as compelling – if not more so – than the latest Grisham novel.  We promise.

Public Interest/Service Track:

Comprehensive Immigration Reform Part I—The Need for Reform, the Current Status and its Problems

With President Barack Obama citing Immigration Reform as a priority, and in light of the Arizona Law and its implications, where are we now on immigration and where do we want to be?  The topics to be addressed will include the issues of family unity, amnesty or readjustment, law and border enforcement, the GLBT intersection, and education and the DREAM Act.

Judicial Summit /Bench and Bar Track:

The Justice System and Racial Bias—Are We Moving Closer to Equality?

Judges will speak about racial bias in our justice system.  Each judge will offer ideas about what we have accomplished in the fight for equality under the law.  Each judge will discuss what needs to be accomplished to achieve more equality.

4:30 p.m. – 5:30 p.m.

Business Track:

Successful Cross-Border Joint Ventures

Panelist will share the stories on the negotiations leading up to successful international joint ventures.  The panel will share with the audience the elements they have identified in making joint ventures a successful partnership.

Dispute Resolution/Litigation Track:

What Every Lawyer Should Know About Intellectual Property and Technology Licensing

Experts in licensing intellectual property and technology will discuss recent changes in the law that every lawyer should know about, especially lawyers that do not regularly practice in this area.

Public Interest/Service Track:

Comprehensive Immigration Reform Part IIThe Shape of Reform: What Needs to Change and Proposed Legislation

With President Barack Obama citing Immigration Reform as a priority, and in light of the Arizona Law and its implications, where are we now on immigration and where do we want to be?  The topics to be addressed will include the issues of family unity, amnesty or readjustment, law and border enforcement, the GLBT intersection, and education and the DREAM Act.

Judicial Summit /Bench and Bar Track:

Current Issues Regarding 4th and 5th Amendment Challenges

4th Amendment: In our digital age, privacy rights are ever changing.  The judges will discuss challenges with monitoring, searching and seizing digital information.

5th Amendment: The judges will provide an update on the right to remain silent and the right to speak to a lawyer.

6:30 p.m. – 9:00 p.m.

Ohtli Award at Target Field

Saturday, September 11, 2010

8:30 a.m. – 9:30 a.m.

Young Lawyer Division

Networking and Career Development

What I wish I had known then:  professional and business development strategies for younger lawyers.

Law Student Division

Morange Program

9:45a.m. – 10:45 a.m.

Young Lawyer Division


Law Student Division

Lizzette Herrera, University of San Diego School of Law

11:00 a.m. – 12:30 p.m.

Young Lawyer Division


Law Student Division


5:30 p.m. – 6:30 p.m.

VIP Reception

6:30 p.m. – 7:00 p.m.

Press Availability

7:00 p.m. – 10:00 p.m.

Gala Dinner at the Hilton, Minneapolis

Remarks by U.S. Senator Amy Klobuchar (D-MN)

Entertainment Provided by Tropical Zone