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Opioid crisis, cybersecurity, sexual harassment among criminal justice highlights at ABA meeting in Chicago

Measures to address America’s opioid crisis; securing U.S. courts, business and elections from cyberattacks; and implications of the #MeToo movement are chief among criminal justice issues that will be explored at the 2017 American Bar Association Annual Meeting Aug. 2-7 in Chicago.
High-profile speakers at the meeting include Deputy Attorney General Rod Rosenstein of the U.S. Department of Justice (Aug. 2, 4:30 p.m.); Tina Tchen, founder of the Time’s Up Legal Defense Fund (Aug. 2, 2:30 p.m.); former U.S. Attorney General Eric Holder Jr. and President Sherrilyn Ifill of the NAACP Legal Defense and Educational Fund (Aug. 4, 8 p.m.); and Executive Director Bryan Stevenson of the Equal Justice Initiative and author of “Just Mercy” (Aug. 4, 5 p.m.).

In addition to the more than 1,000 events at this premier gathering of legal professionals, the ABA House of Delegates — the association’s policymaking body — will meet at 9 a.m. on Aug. 6-7 at the Hyatt Regency Chicago Grand Ballroom (East Tower).

Online registration is available for news reporters.

Criminal justice programs include:

• “How Do I Get That Tweet Admitted? The Rules of Evidence in the Digital Age” — As courts struggle to apply traditional rules of evidence to rapidly developing technologies, such as social media, evidentiary experts will examine the challenges associated with the admission of digital evidence under current federal rules, measures that some courts have taken to meet those challenges and give advice on admitting and contesting digital evidence.

• “#MeToo, Time’s Up – Sexual Harassment in the Workplace” — A panel – including Tina Tchen, founder of the Time’s Up Legal Defense Fund – will
examine the implications of the “MeToo” and “Time’s Up” movements on the entertainment industry, legal profession and corporate America. Topics will include how sexual harassment claims against high-profile executives are being handled, workplace measures that can protect victims and the reaction of the legal community to the new awareness of the problem, such as increased pro bono support, emerging law practice areas that address employer response to harassment and the federal judiciary’s evaluation of its code of conduct and procedures for investigating inappropriate behavior.

• “Cyberattacks and the Courts – What Attorneys Should Know to Protect Sensitive Client Information” — The underfunded computer networks of state and federal courts are under daily cyberattack. A panel will discuss the necessary overdue upgrades to these networks and the implications of regular breaches, answering questions such as: Why are the courts under attack? What damage has been sustained? How can we protect the data? Who is liable? And, can we mitigate risk in an affordable way?

• “Cyber Court Review: Recent Decisions from Federal and State Courts Addressing Issues in Computer Crime, Security and eCommerce” — Legal tech experts will analyze recent court opinions related to developments in computer technology and the internet. Cases addressed include: U.S. v. Carpenter (use of cell phone records to track people); State v. Loomis (use of computer algorithms at sentencing); Spokeo v. Robins (necessary proof of injury for cyberbreach lawsuits); as well as U.S. v. Petix and U.S. v. Murgio (whether bitcoin is “money” for the purposes of the money laundering and transmittal statutes).

• “The Deputy Attorney General of the United States Rod Rosenstein” — Subject of address not yet released by the Department of Justice

• “Investigations and Prosecutions Galore: The New Normal in Today’s Communities” — Law enforcement experts will lead a town hall discussion on the increasing nationwide prevalence of criminal investigations, which implicate all manner of public and private behavior – including police misconduct, sexual harassment and corporate misdeeds – and often result in criminal prosecution, civil enforcement actions and employee discipline. The panel will provide insight on the ethics, challenges and best practices of conducting investigations in today’s divisive, heated environment.

• “Opioids in America: A Multi-Disciplinary Discussion on Cause, Effect & Solutions” — The abuse of opioids in America has reached epidemic proportions in the past few years. Leaders of the medical, dental and legal professions will explain the multidisciplinary approach necessary to tackle the opioid epidemic in our country.

• “The Future of Problem-Solving Courts: Where Do We Go from Here” — As public policy shifts from “smart on crime” to a more traditional “tough on crime” prosecution and sentencing philosophy, experts led by Deputy Federal Public Defender Raul Ayala will address the challenges facing problem-solving courts in the state and federal criminal justice system that have successfully addressed substance-use and mental health issues.  

• “Current Trends in White Collar Criminal Enforcement” — Members of the federal judiciary, Department of Justice and criminal defense bar share their perspectives and insights on current trends in white-collar criminal enforcement.

• “The Delicate Dance: Strategies for Handling Cases Involving Uncooperative Domestic Violence Victims” — Domestic violence experts will explain the various reasons victims may be reluctant to assist in the prosecution of their perpetrators and share strategies to make these survivors more comfortable with the adversarial process to reach the outcome of justice.

• “The Trump Administration and Diverse Committees: A Kaleidoscope of Controversies” — Many are divided on whether the Trump administration has eroded or protected the fundamental ideals of life, liberty, equality and justice embodied in the Declaration of Independence. Panelists on both sides of the debate will critically analyze the impact the administration is having on the country, most notably in the areas of criminal justice and human rights.

• “Annual Survey of Supreme Court Decisions – Criminal Cases” — A district court judge, federal prosecutor and defense attorney will discuss the criminal cases that came before the Supreme Court during the current term.

• “How Has the Trump Administration Affected Enforcement of the Foreign Corrupt Practices Act?” — Experts will answer that question in light of Deputy Attorney General Rod Rosenstein’s October 2017 announcement of revisions to the Department of Justice’s corporate and executive prosecution policies.

• “Justice Hack: Reimagining the Relationship Between Law Enforcement & Communities” — A hackathon will bring together multidisciplinary teams of community, legal, law enforcement, criminal justice and technology stakeholders in a collaborative environment to develop technology-based solutions to address tension points between law enforcement and communities of color.

• “Cybersecurity Wake-Up Call: The Business You Save May Be Your Own” — Cybersecurity experts, including those with backgrounds from the National Security Agency and Department of Homeland Security, will discuss the growing problem of cyberattacks, where the cost to American businesses have reached the trillions. Speakers will share the legal requirements to protect data and disclose breaches, as well as the vital steps to take now to lessen risks. Panelists include Rajesh De, former general counsel, National Security Agency, and former Undersecretary Suzanne Spaulding, Department of Homeland Security.

• “Attacks on our Institutions of Democracy: The Role of the Judicial System” — As the United States confirms Russian interference in its recent election, national security experts, including Elizabeth Rindskopf, former general counsel for the CIA and NSA, and Suzanne Spaulding, former undersecretary for the National Protection and Programs Directorate at the Department of Homeland Security, will share techniques Russia has used in Eastern and Central Europe and more recent cyber-enabled methods, as well as the framework that could counter this threat, as well as needed legislation to address foreign adversary interference.

• “International Human Rights: Law and Policy in the Trump Administration” — Panelists – including President Elisa Massimino of Human Rights First, Executive Director Joel Simon of the Committee to Protect Journalists, former Department of State Legal Advisor John Bellinger and former Legal Director Victoria Neilson of Immigration Justice Corps. – will discuss the legal issues relating to international human rights posed by the Trump administration, including those related to immigration, press freedoms, privacy, gender violence, torture, minority rights, refugees, travel bans, detainees and military affairs.

• “The Miranda Warnings Project: You Have the Right to Innovate” — Representatives from the Chicago-based ABA, Illinois Institute of Technology’s Institute of Design and New Orleans police department, will share their mobile tool prototype that provides pre-recorded Miranda Warning translations in Spanish and potentially other languages for police usage. Speakers, including IIT’s Jeremy Alexis, will share how this court-certified, plain-language tool can be implemented nationwide to better ensure that criminal suspects understand their rights.

• Award Honoring Former U.S. Attorney General & NAACP Legal Defense Fund President’s Address — The Thurgood Marshall Award honors the late U.S. Supreme Court justice, who epitomized individual commitment, in word and action, to the cause of civil rights in this country. This year’s honoree is former U.S. Attorney General Eric Holder Jr. The award recognizes similar long-term contributions by other members of the legal profession to the advancement of civil rights, civil liberties, and human rights in the United States. Sherrilyn Ifill, president and director-counsel of the NAACP Legal Defense and Educational Fund, will deliver the keynote remarks.