ABA News

Drones, resource extraction issues among topics at ABA meeting

Experts participating in the American Bar Association Young Lawyers Division 2017 Spring Conference May 4-5 in Montreal will tackle hot-button issues such as drones, energy and environmental issues in the wake of the Dakota Access Pipeline.

Jerome F. Buting, the defense lawyer for Steven Avery, subject of the "Making a Murderer" Netflix production, will discuss the quirks and minefields of handling a high-profile case at a noon luncheon on Friday.

Friday morning's plenary session at 8:30 a.m. will feature Supreme Court of Canada Justices Richard R. Wagner and Clement Gascon comparing the court systems in Canada and the United States.

Program highlights include:

- "It's a Bird... It's a Plane... No, It's a Drone! The Integration of Unmanned Aircraft Systems in the National Airspace System Legal Challenges, Security Risks and Opportunities for Growth" - Unmanned aircraft systems (UAS) continue to be more prevalent in the national airspace system. The U.S. commercial drone sector is expected to create more than $80 billion in economic impact through 2025, creating thousands of jobs. With the FAA's new rule for the commercial operations of small UAS, which took effect in August 2016, and the expected FAA Notice of Proposed Rulemaking for UAS operations over people, challenges and opportunities of regulating UAS is a primary concern for the UAS industry, regulators and aviation lawyers. A panel of experts will also discuss drones, homeland security and criminal prosecutorial challenges.

- "Bridging the Justice Gap through Technology" - The "justice gap" is the large portion of legal needs that are unmet by the justice system. Among the reasons for this are cost, transparency of the system and accessibility of lawyers. A panel of experts will be asked if legal service technologies could help lawyers close the justice gap.

- "Beyond Dakota Access: Resource Extraction, Environmental Justice and Indigenous Communities" - The continued public debate over the Dakota Access Pipeline has spawned a renewed interest in the interplay between resource extraction and striking a balance between environmental issues and the sovereignty and integrity of Native American and First Nation tribes. This program will discuss environmental issues from the perspective of Native American and First Nation tribes and communities. It will address whether tribal sovereignty is impacted by potential environmental hazards outside of tribal lands and the remedies tribes and First Nations have individually and on a government-to-government basis.


ABA Section of Antitrust Law to host meetings in Brussels and Amsterdam

The American Bar Association Section of Antitrust Law will make its annual trip abroad to host its annual Global Seminars Series in Brussels, Belgium, on May 4, and the inaugural Global Private Litigation Conference May 7-8 in Amsterdam, the Netherlands.

The Global Seminar Series is designed to develop and maintain the Section of Antitrust Law’s involvement with the competition and consumer protection bar across the globe. The highlight event will be a panel discussion from 5:30 to 7:30 p.m.:
“Broadening the Innovation Theory of Harm in Merger Review — Moving from the Specific to the Speculative?” — Panelists will explore how competition law enforcement is developing the concept of an industry-wide reduction in innovation as a basis for intervening in merger cases.  Counsel in recently decided cases will share their experience and thoughts in an open discussion on these developments. Speakers include moderator Frank Montag, Freshfields Bruckhaus Deringer, Brussels; Fiona Carlin, Baker McKenzie, Brussels; Christopher J. Cook, Cleary Gottlieb Steen & Hamilton LLP, Brussels; Thomas Deisenhofer, European Commission, DG Competition, Brussels; and Frederic Depoortere, Skadden Arps Slate Meagher & Flom LLP, Brussels.

The Global Private Litigation Conference will feature private plaintiff and defense litigators as well as government enforcers, economists, corporate counsel and academics from around the world.

The luncheon will feature a discussion between United States District Judge Susan Illston, Northern District of California, and Sir Peter Roth, President of the United Kingdom’s Competition Appeal Tribunal.

Program highlights include:

• “The Role of Private Enforcement”   — In answering the question, Why private enforcement?, this panel will focus on how best to achieve goals of compensation and deterrence, analyzing perceived abuses in the U.S. system and proposed solutions, including the approach of the European Union Directive. Speakers include Kris Dekeyser, acting director, Policy and Strategy Directorate, European Commission Directorate General for Competition, Brussels; Konrad Ost, vice president, Bundeskartellamt, Bonn; and Brent Snyder, acting Assistant Attorney General, Antitrust Division, U.S. Department of Justice, Washington, D.C.

• “Collective Actions Across the Globe” —  The experts provide a nuts-and-bolts examination of developing approaches to collective actions, including a review of implementing statutes in EU member states during 2016, and discussion of significant opt-out or opt-in actions. Speakers include Ellen Braun, Allen & Overy LLP, Hamburg, Germany: Nicholas Heaton, Hogan Lovells International LLP, London; and Maarten Schinkel, University of Amsterdam, Amsterdam.

• “Public and Private Interface” — Potentially game-changing questions: What is the potential for discovery of government files under the EU directive, what stay issues may arise, what collateral estoppel effect arises from European Commission findings? Speakers include Albrecht Bach, Oppenländer Rechtsanwälte, Stuttgart, Germany; Jay L. Himes, Labaton Sucharow LLP, New York, N.Y.; Belinda Hollway, Scott + Scott LLP, London; Lisa M. Phelan, chief, National Criminal Enforcement Section, Antitrust Division, U.S. Department of Justice, Washington, D.C.


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