Securities Arbitration and Mediation
Wednesday, November 14, 2012
- Location -
Concierge Conference Center
780 Third Avenue (at 48th Street)
New York, NY 10017
Live program is SOLD OUT!
WEBCAST OPTION AVAILABLE!
The webcast option is MCLE-accredited for all New York
Attorneys except those admitted less than 24 months.
7.0 MCLE Credits; 5 Skills, 1 Professional Practice and 1
I. 9:10 –
How the all-public panel option
is doing. New e-discovery guidelines. Latest statistics on Awards
and settlements. Suggestions for expediting cases. Expungement of
arbitration cases from brokers’ records.
David E. Robbins
Katherine Bayer and Richard Ryder
II. 10:00 –
10:50 PLEADINGS, DEFENSES AND
TAKING THE CASE
Questions to ask prospective
clients on the first telephone call and at the first meeting. Making
pleadings user-friendly: How to tell your client’s story so that
the arbitrators will listen. New suitability and fiduciary duty
rules and their impact on pleadings.
Moderator: Jonathan L.
Panel: Timothy J.
O'Connor, Edward Larkin, Andrew Melnick and Ross
11:55 PANEL SELECTION AND
Panel: Paul Radvany,
Christine Lazaro and Paula Shaffner
The science in selecting
arbitrators – the all public panel option and circumstances when
an industry arbitrator may not be a bad selection. Using the
new Discovery Guide to your advantage, supplementing it when necessary
and effective motions to compel.
11:55 – 12:45 WHETHER AND
WHEN TO SETTLE
Bringing back the art of direct
settlement discussions. When to mediate, who to select, what to expect
from your mediator and how best to prepare yourself and your client for
mediation – settling and not winning.
James D. Yellen
Brian J. Neville, Stephen Younger and Irwin Weltz
1:45 LUNCH – on your own
THE HEARING – PART ONE: OPENING STATEMENTS
EXAMINATION OF WITNESSES
Pre-hearing memos of law.
Knowing your audience from the start and speaking to them throughout.
How best to present your witness and prepare your witness for
cross-examination. Effective cross-examination techniques in securities
Martorana, Susan Macfarlane and Daniel J. Tuczinski
3:00 – 3:50
THE HEARING – PART TWO: EXPERTS, DAMAGES
for experts in certain kinds of cases. How to choose the expert
a panel will listen
to. How to present experts as witnesses and prepare them for
cross-examination. How to cross-examine experts. Making
damage calculations simple to follow. How to challenge them. Closing
Statements – a waste of time or an opportunity to sway the
Stephen P. Younger
Charles J. Hecht, John P. Bevilacqua and Seth E.
3:50 – 4:40
ETHICAL ISSSUES IN ARBITRATION AND MEDIATION
The ethics of representing more
than one Respondent in a case. Your disclosure requirements to clients
and to the panel. Confidentiality agreements in discovery and in
settlements. What to do when you learn your client did not tell you all
his “skeletons in his closet.” Challenging the ethics of
arbitrators. What ethical standards mediators are expected to
Michael Stone, Michael Sackheim, Joseph A. Vallo
4:45 CLOSING REMARKS
New this Fall: All program
materials will be distributed exclusively online in searchable PDF
format, allowing attendees more flexibility in storing this information
and allowing you to copy and paste relevant portions of the materials
for specific use in your practice. A CLE NotePad © (paper) will be provided to all attendees
at the live program site. The CLE NotePad © includes lined pages for taking notes on
each topic, as well as any PowerPoint presentations submitted prior to
printing. Traditional printed course books may be ordered at the program
site for a discounted price and will be shipped subsequent to the
Program Co-Chairs: David E. Robbins, Esq., Kaufmann Gildin Robbins
& Oppenheim, LLP and James D. Yellen, Esq., Yellen Arbitration and
Brian F. Amery, Esq., Bressler, Amery & Ross, P.C. *Katherine M.
Bayer, Esq., FINRA Dispute Resolution * John P. Bevilacqua, Esq.,
Fulbright & Jaworski *Kenneth G. Crowley, Esq., UBS Financial
Services, Inc. *Charles J. Hecht, Esq., Wolf Haldenstein Adler Freeman
& Herz, LLP *Jonathan L. Hochman, Esq., Schindler Cohen &
Hochman, LLP *Ross Intelisano, Esq., Rich Intelisano & Katz, LLP
*Edward W. Larkin, Esq., Gibbons P.C. *Christine M. Lazaro, Esq., St.
John's University School of Law *Seth E. Lipner, Esq., Deutsch &
Lipner *Susan Poder MacFarlane, Esq., Morgan Stanley Smith Barney
*Regina P. Martorana, Esq., Bressler, Amery & Ross, P.C. *Andrew J.
Melnick, Esq., Schindler Cohen & Hochman, LLP *Brian J. Neville,
Esq., Lax & Neville LLP * Timothy J. O'Connor, Esq., The Law Offices
of Timothy J. O'Connor *Prof. Paul B. Radvany, Fordham University
School of Law *Richard P. Ryder, Esq., Securities Arbitration
Commentator, Inc. *Michael S. Sackheim, Esq., Sidley Austin LLP *
Michael H. Stone, Esq., Cardozo Law School *Paula Shaffner, Esq.,
Stradley Ronon Stevens & Young, LLP * Barry R. Temkin, Esq., Mound
Cotton Wollah & Greengrass *Daniel J. Tuczinski, Esq., Tuczinski
Cavalier Gilchrist & Collura, P.C. *Joseh A. Vallo, Esq., Greenberg
Traurig, LLP *Irwin Weltz, Esq., Ellenoff Grossman & Schole, LLP
*Stephen P. Younger, Esq., Patterson Belknap Webb & Tyler, LLP
The last day to pre-register online was November 13, 2012.
Members, please login to get member discounts.
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