e-Journal

11-10

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At a recent meeting of the New England Bar Association, MBA President Denise Squillante had the honor of spending time with three members of the bar, who are also Vietnam veterans. From left to right, James T. Van Buren, Attorney at Law, Fitchburg; Squillante; Barry C. Hawkins, a partner at Shipman & Goodwin LLP in Stamford, Conn. and NEBA President William H. Prout, Jr.


MBA President's Message

In honor of Veteran's Day

In honor of Veteran's Day, I ask that each of you take a moment to think about - and thank - the veterans in our families, communities and profession who have given their service to our great country.

It is also critical that we remember the brave men and women who are actively serving in the military, for it is their sacrifice that allows us to live safe and fulfilling lives. They should be applauded for their service.

Throughout the commonwealth, families have had to grapple with the loss of their loved ones, especially challenging during this holiday-filled time of year. The lives of these individuals were cut short while supporting our nation.

With Thanksgiving just around the corner, I find it fitting that we give thanks to both our veterans for their past service and our active military for their continued service to our nation. They make us all proud.

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New issue of Lawyers Journal available

The November issue of Lawyers Journal features an exclusive story on the new report issued by the Clients' Security Board. The issue also includes:

  • A profile of retiring SJC Chief Justice Margaret H. Marshall;
  • Concerns about the district attorneys' criticism of the CPCS budget;
  • Information about the new MBA Joint Foreclosure Legislation Task Force; and
  • The awarding of the first Centennial Awards.

Click here to read the November Lawyers Journal.

Upcoming conferences

Ninth Annual Western Massachusetts Bankruptcy Conference, Nov. 16; Eighth Annual In-House Counsel Conference, Dec. 9

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Ninth Annual Western Massachusetts Bankruptcy Conference

Tuesday, Nov. 16, 4-7 p.m.
Western New England College School of Law, 1215 Wilbraham Road, Springfield

As the economy continues to recover, the need for lawyers to understand bankruptcy law has never been greater. For the past nine years, this conference has been a staple for Massachusetts practitioners wishing to be updated on the most recent bankruptcy trends. This unique program blends both lawyer practitioners and judges to give participants viewpoints from multiple perspectives. This year's conference topics will include:

  1. Means Test Refresher and Trends - Speakers will discuss some of the difficult issues that practitioners must face when contending with the means test, including treatment of high income earners, and discuss the non-consumer means test exemption.
  2. Small Business Chapter 11 Bankruptcy Issues - Speakers will discuss issues and pitfalls representing small business debtors in bankruptcy. The panel will specifically examine issues that may arise for new Chapter 11 filers, including obtaining cash collateral authorization, dealing with the U.S. Trustee, and negotiating with secured creditors.

Throughout the program, ethical obligations of counsel will be discussed and reinforced, including due diligence requirements and ensuring full disclosure from the client. Whether you are currently engaged in practicing bankruptcy law or considering adding bankruptcy as a practice area, do not miss this opportunity to learn about the trends and issues facing bankruptcy practitioners.

Co-sponsors: Western New England College School of Law and the Berkshire, Franklin, Hampden and Hampshire county bar associations.

Conference Co-Chairs

Ninth Annual Western Mass. Bankrupcy Conference Cochairs

Click here to register and for a full list of faculty.

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Eighth Annual In-House Counsel Conference  Live program

Thursday, Dec. 9, 9 a.m.-1 p.m.
MBA, 20 West St., Boston

**Sponsored by the Business Law Section**

The theme of this year's Eighth Annual In-House Counsel Conference is "Doing Business in the Electronic Age." The conference will focus on the special legal challenges, including privacy, confidentiality and IP preservation concerns, that confront in-house counsel as a result of new electronic communication methods and recordkeeping requirements. Panel discussions are planned on a variety of topics including special litigation issues; data management including management of privacy breaches and record retention; legal issues presented by the use of on-line social networks and cloud computing; and protection of trade secrets.

Among other topics, the conference will address:

  • The importance of company policies with respect to blogging and social media;
  • Data privacy protection issues that must be managed;
  • What should happen when there is a privacy breach;
  • Issues with regard to processing and management of data from the EU;
  • Challenges presented by e-discovery and other special litigation issues;
  • How to manage the protection of trade secrets in light of the use of social media and other tools for collaboration and development; and
  • Special legal risks presented by cloud computing.

Co-sponsor: New England Corporate Counsel Association (NECCA)

Eighth Annual In-House Counsel Conference

Click here to register and for a full list of faculty.

 

MBA On Demand in line
Unable to come to Boston? This program is available as a real-time Webcast. When registering, participants can choose to attend "virtually" from your home or office computer. If you choose to attend the program via real-time Webcast, space is limited. Registrants will be taken on a first-come, first-served basis.


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MBA holiday receptions

Annual holiday receptions in Western Mass. on Nov. 18 and Boston on Dec. 16; Young Lawyers Division Holiday Open House, Dec. 9


MBA members are cordially invited to join us
for cocktails and hors d'oeuvres
to ring in the holidays.

Annual Western Mass. Member Holiday Reception

Thursday, Nov. 18, 4:30-7 p.m.
Sheraton Springfield Monarch Place, One Monarch Place, Springfield

Click here to R.S.V.P.

Annual Boston Member Holiday Reception

Thursday, Dec. 16, 5-7 p.m.
MBA, 20 West St., Boston
Click here to R.S.V.P.

The MBA is proud to be taking part in a holiday can drive to benefit the Greater Boston Food Bank and Open Pantry Community Services in Springfield. We will be accepting donations of non-perishable items through Saturday, Dec. 18 at both the MBA Boston and Springfield offices. The most needed items include canned tuna, peanut butter, canned fruits and vegetables, cereal, granola bars, pasta and jarred sauce.

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Young Lawyers Division Holiday Open House

Thursday, Dec. 9, 5:30-7:30 p.m.
MBA, 20 West St., Boston

Click here to R.S.V.P.

Bring a colleague and join fellow MBA Young Lawyers Division members for a holiday open house. Enjoy cocktails and hors d'oeuvres with participating in ice breaker trivia. Prizes will be awarded to the winning ice breaker trivia team.

We will also be hosting a toy drive to benefit The Home for Little Wanderers. Please consider bringing a toy or gift card to donate. To see a list of most requested items, click here. All attendees who bring a toy will be entered to win a pair of tickets to see the Boston Bruins take on the Philadelphia Flyers on Thursday, Jan. 13 at 7 p.m. at the TD Bank North Garden.

 

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Volunteer opportunity

MBA seeks judges for National Moot Court Competition

The Massachusetts Bar Association and Boston College Law School are seeking lawyers available to serve on a panel of judges for one of the arguments in the New England Regional Round of the National Moot Court Competition. This is the 61st National Moot Court Competition run by the American College of Trial Lawyers and the Bar of the City of New York.

Arguments are being held at 10 a.m. and 2 p.m. Saturday, Nov. 20, at either the Adams Courthouse or Suffolk Law School, and semifinal arguments will be held at 11 a.m. on Sunday, Nov. 21, at Suffolk Law School.

The judges are not asked to decide the merits; instead, judges are to rate the advocacy skills of the students. Briefs have been separately graded. A bench memorandum will provide all the information needed about the case and the issues raised.  

The problem is a fictional Supreme Court lawsuit raising two issues:  the federal standard for a preliminary injunction [probability of success or "serious questions"]; and ERISA preemption of a local health care ordinance funding an indigent health care program with assessments on employers.

Please respond indicating what argument(s) you can judge to [e-mail tcarey] or
by phone at (617) 371-1077.

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FirmFuture 2010 to offer cutting-edge practice management and legal technology solutions

The Massachusetts Bar Association and The Warren Group will host FirmFuture 2010, The Practice Management & Legal Technology Conference from 8 a.m. to 2:30 p.m. on Wednesday, Dec. 1 at the Copley Marriott, 110 Huntington Ave., Boston.

Legal professionals can access leading industry exhibitors and powerful educational sessions in the areas of business development, best practices, technology, sales and marketing. FirmFuture will feature live podcasting, video-streaming, attendee prizes and more.

Education seminars will run concurrent all day, and include the following sessions offered by the MBA:

Starting Your Firm on a Budget

10:15-11 a.m.

For attorneys starting their own firms, or attorneys looking to upgrade their hardware and software, the question of budget is of utmost concern. For lawyers in any stage of their practices, technology is the engine to power up their firm and keep it running, but at what cost?  Is there a way to start a practice on a shoestring budget? And, what of the width of that shoestring? Join us as we walk you through three potential start-up and existing law firm budgets of $2,000, $5,000 and $10,000, including hardware, software, and some handy websites which will determine your essential purchases, within each of those budget sets, that will turn your going concern into a growing concern, in order to turn your practice into an efficient profit machine.

Faculty:
Alan J. Klevan, Esq., Klevan & Klevan LLP, Wellesley
Rachael Condon, Esq., Klevan & Klevan LLP, Wellesley
Gabriel Cheong, Esq., Infinity Law Group LLC, Quincy

Visualize Your Virtual Law Practice

11:15 a.m.-Noon

The "virtual practice of law" has become a buzzword, but one without a settled meeting; definitions may range from establishing a full-scale virtual law office online, to tweaking your email protocol.

If you're thinking about pushing your practice to become more virtual, you're likely thinking of leveraging web applications to increase your efficiency and ability to collaborate. The process may encompass many aspects of your practice, including some which you may not have expected would be affected originally; it can involve the adoption of a single, small application, the adoption of a single, large, overarching application or the cobbling together of several programs to achieve a desired effect. Particular areas to be addressed will include:

  • Practice Management Systems;
  • Client and Colleague Collaboration;
  • Adoption of a Records Management Policy; and
  • Marketing.

Faculty:
Jared D. Correia, Esq., program chair, Law Office Management Assistance Program, Boston
J. Channing Migner, Law Office of Channing Migner PC, Worcester

60 Sites to Bring Your Firm into the Future

1:15-2 p.m.

The nature of the legal practice is emerging from a paper-driven beast to an electronic model. The term "from paper to pixels" is now the norm and not the exception.

Do you want to know how to bring your firm into both the present and future? What legal technologies exist and will emerge? What websites are essential for you to stay ahead of the legal curve? How about websites which will help you go about your business both at work and at home? And are there some websites out there that you just have to know about? 

Our panel has scanned the globe, surfed the web, and perhaps just received some emails from fellow legal consultants about some of these sites. Join them as they show you 60 of the most practical, popular, and perhaps just far-out sites that you must know about.

Faculty:
Alan J. Klevan, Esq., Klevan & Klevan LLP, Wellesley
Rodney S. Dowell, Esq., director, Law Office Management Assistance Program, Boston Robert J. Ambrogi, Esq., Law Office of Robert J. Ambrogi, Rockport

To register, contact (617) 896-5358, [e-mail firmfuture] or visit www.firmfutureconference.com.

Upcoming CLE seminar and program schedule

Register for upcoming "Defenses to Removal: Representing Clients in Immigration Court" on Nov. 17

CLE Heading

To register for the following programs, call MBA Member Services at (617) 338-0530, [e-mail membership] or visit the CLE Web site. Scroll down for program details, including dates and registration details.

Recorded program Recorded session available for purchase after live program through MBA On Demand.

Live program Real-time webcast available for purchase through MBA On Demand.

NOVEMBER CLE PROGRAMS

20th Annual Family Law Conference Recorded program
Friday, Nov. 12 - Saturday, Nov. 13
Cranwell Resort, Spa & Golf Club, 55 Lee Road, Lenox
Click here to view the conference brochure.

Legal Chat: What Title Examiners and Conveyancers Need to Know Live program
Tuesday, Nov. 16, 4-5 p.m.
NOTE: There is no on-site attendance for Legal Chats.

Ninth Annual Western Massachusetts Bankruptcy Conference
Tuesday, Nov. 16, 4-7 p.m.
Western New England College School of Law, 1215 Wilbraham Road, Springfield

Alternative Careers: Opportunities in Higher Education Administration
Wednesday, Nov. 17, 12:30-2 p.m.
MBA Western Mass. office, 73 State St., Springfield

Defenses to Removal: Representing Clients in Immigration Court Recorded program
Wednesday, Nov. 17, 4-7 p.m.
MBA, 20 West St., Boston

Examining the Anatomy of Enforceable Post-Nuptial Agreements Recorded program
Tuesday, Nov. 30, 4-7 p.m.
MBA, 20 West St., Boston

November/December CLE BrochureNOTE: The MBA CLE brochure will no longer be mailed to MBA members, but will continue to be featured online on a monthly basis. Online registration for CLE programs is quick and simple.

Click here to view the brochure and register for an upcoming program.

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SAVE THE DATE

Eighth Annual In-House Counsel Conference: Doing Business in the Electronic Age Live program
Thursday, Dec. 9, 9 a.m.-1 p.m.
MBA, 20 West St., Boston

Legal Chat: What to do About that File Languishing on Your Desk Live program
Friday, Dec. 3, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.

Legal Chat: Relationship Building During the Holiday Season and Beyond Live program
Friday, Dec. 10, noon-1 p.m.
NOTE: There is no on-site attendance for Legal Chats.

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MBA On Demand in line

Unable to attend these seminars? Purchase the recorded session available after the live program through MBA On Demand and watch the presentation from the comfort of your home or office.

To view a listing of current programs offered on MBA On Demand, click here.

 

 

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Featured member benefit

"Like" the MBA on Facebook for a chance to win Celtics tickets

The MBA is giving away a pair of Celtics tickets to its Facebook fans (old and new). The tickets are to the Friday, Dec. 3 Boston Celtics vs. Chicago Bulls game at 8 p.m. at TD Banknorth Garden. On Tuesday, Nov. 23, we will pick (via randomized selection) one of our Facebook fans to win the pair of tickets.

Click here to "Like" the MBA and be entered to win today.

NOTE: If you are an existing fan of the MBA -- you are already entered to win.

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Section News: Upcoming meetings and special section events

Intellectual Property Practice Group; Legal Chat: What Title Examiners and Conveyancers Need to Know; Civil Litigation Section Council meeting; Labor & Employment Section Council meeting; Family Law Section Council meeting; Property Law Section Council meeting; Criminal Justice Section Council open meeting; Probate Law Section Council meeting; Judicial Administration Section Council meeting; SAVE THE DATE: Taxation Law Section Council open meeting

Intellectual Property Practice Group

Monday, Nov. 15, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Intellectual Property Practice Group is scheduled for Monday, Nov. 15 from 5:30 to 7 p.m. Attorney Kathryn Chelini of Mirick O'Connell will speak on filing trademark applications. All Business Law section members are invited to attend.  If you would like to be added to the direct contact list for this practice group, please contact Jean Stevens at [e-mail jstevens].

To R.S.V.P., click here.

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Legal Chat: What Title Examiners and Conveyancers Need to Know Live program

Tuesday, Nov. 16, 4-5 p.m.
NOTE: There is no on-site attendance available for Legal Chats.

It seems that trial courts are setting aside mortgage foreclosures and voiding mortgages with increasing frequency and for various reasons. With no guidance yet from the appellate courts, title examiners are at a loss as to how to evaluate foreclosure titles and identify what of the many mistakes made by mortgage lenders are potentially fatal to those titles.

Join Ward P. Graham, Esq. of WFG National Title Insurance Company and Gary W. Cruickshank, Esq. for an analysis of recent cases and a frank discussion of how to deal with the challenges posed by these decisions when evaluating titles coming out of foreclosures.

Faculty:

Joe Boynton, Esq.
Joe Boynton, Attorney at Law, Worcester

Ward B. Graham, Esq.
WFG National Title Insurance Company, Lynnfield

Gary W. Cruickshank, Esq.
Gary W. Cruickshank, Attorney at Law, Boston

To R.S.V.P., click here.

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Civil Litigation Section Council meeting

Tuesday, Nov. 16, 4:30-6 p.m.
Federal Building and Courthouse, 595 Main St., Worcester


The next meeting of the Civil Litigation Section Council is scheduled for Tuesday, Nov. 16 from 4:30 to 6 p.m. All section members are invited to attend. This meeting will be held at the Federal Courthouse in Worcester.

To R.S.V.P., click here.

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Labor & Employment Section Council meeting

Tuesday, Nov. 16, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Labor & Employment Section Council Meeting is scheduled for Tuesday, Nov. 16 from 4:30 to 6 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Family Law Section Council meeting

Tuesday, Nov. 16, 5:30-7 p.m.
MBA, 20 West St., Boston

The next Family Law Section Council meeting is scheduled for Tuesday, Nov. 16, 2010 from 5:30 to7 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Property Law Section Council meeting

Tuesday, Nov. 16, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Property Law Section Council is scheduled for Tuesday, Nov. 16 from 5:30 to 7 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Criminal Justice Section Council open meeting

Tuesday, Nov.16, 5:30-7 p.m.
MBA, 20 West St., Boston

The next meeting of the Criminal Justice Section Council is scheduled for Tuesday, Nov. 16 from 5:30 to 7 p.m. The guest speaker for this meeting will be Greg Massing, general counsel at the Executive Office of Public Safety and Security (EOPSS). All section members are invited.

To R.S.V.P., click here.

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Probate Law Section Council meeting

Wednesday, Nov. 17, 5-6:30 p.m.
MBA, 20 West St., Boston

The Probate Law Section Council will hold its next meeting on Wednesday, Nov. 17 from 5 to 6:30 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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Judicial Administration Section Council meeting

Wednesday, Nov. 17, 4:30-6 p.m.
MBA, 20 West St., Boston

The next meeting of the Judicial Administration Section Council will be held on Wednesday, Nov. 17 from 4:30 to 6 p.m. All section members are invited to attend.

To R.S.V.P., click here.

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SAVE THE DATE: Taxation Law Section Council open meeting

Wednesday, Dec. 8, 4-6 p.m.
MBA, 20 West St., Boston

The Taxation Law Section will be holding at open meeting at 4 p.m. on Wednesday, Dec. 8, at which members of the Taxation Law Section Council will lead a discussion on divorce tax issues. The meeting will be open to Taxation Law Section members, Family Law Section members, Probate Law Section members and members of the Young Lawyers Division.

To R.S.V.P., click here.

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News from the courts

Land Court to move to Three Pemberton Square

The Massachusetts Land Court will relocate to the high-rise courthouse at Three Pemberton Square, effective Monday, Dec. 13. The following key dates detail staff and file locations during the relocation process.

Thursday, Nov. 11:

Survey files and plans will be in transit beginning Thursday, Nov. 11.

Monday, Nov. 29:

Case files will be in transit beginning Monday, Nov. 29.

Monday, Dec. 6:

The Survey Division of the Court and all its associated files and plans will relocate to the 4th floor of Three Pemberton Square. From Dec. 6-Dec. 13, calls to the Survey Division should be directed to the Land Court's main number at (617) 788-7470.

Saturday, Dec. 11:

The court will vacate 226 Causeway St. All remaining staff will move to the high-rise and be located on the 4th, 5th and 11th floors.

Monday, Dec. 13:

The Land Court will open for business at Three Pemberton Square, Boston, 02108. The Recorder's Office for filings is located on the 5th floor. All phone numbers will remain the same. During this time there will be delays in retrieving files and we request your patience.

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