Social Media Panel at DC Conference

Friday morning’s CLE program at this year’s NAFUSA conference will include a panel discussion on the “Impact of Social Media on Investigations and Litigation,” Social media increasingly implicates legal considerations from the investigatory process to witness and jury strategy.  Within this broad and cutting edge topic, the program will focus on the effects of social media on participants in the justice system, the use of this new media as evidence, and its application as a basis for charges or legal claims. The program will take place from 10:15 AM to 11:45 AM.

Social media has had a profound and sometimes unexpected impact on civil litigation, white collar investigations, and jury trials.  Evidence derived from social media has served as the basis for prosecutions.  Social media history has complicated witness preparation, tainted witnesses,  and fueled fascinating cross-examinations and depositions. Maintaining the integrity of the jury trial process has been challenged by jurors’ intense interest in exploring social media commentary about a case where the court has charged jurors with finding the truth based on the evidence presented in the courtroom.  Our talented panel of experienced academics and practitioners will explore the issues and  impacts which social media brings to the investigation, litigation, and trial of complex fact patterns and inexplicable human behavior.  Social media communications and venues can transform the discovery, trial preparation, and issue resolution processes for today’s litigators.  Understanding the impact of social media on case development means that litigators today need to be aware how a tweet, a text, or a posting can dramatically complicate effective advocacy and the search for truth.

The panel will be moderated by Jay Stephens, past president of NAFUSA and presently counsel to the board. Jay is of counsel to the Washington office of Kirkland & Ellis and served as the senior vice president and general counsel and corporate secretary of Raytheon Company, during his illustrious career.

 

 

 

The experienced panelists include former D.C. Superior Court Judge Herb Dixon, known as the “Technology Judge”. Judge Dixon is the chair of the ABA Standing Committee on the American Judicial System and a former chair of of the National Conference of State Trial Judges.

 

Assistant U.S. Attorney Demian Ahn, from the District of Columbia will join the panel. He is a senior Computer Hacking and Intellectual Property prosecutor in the Cyber Unit;

 

 

 

The third panelist will be Paula Hannaford-Agor, the Director of the Center for Juries Studies at the National Center for State Courts. She has authored or contributed to numerous books and articles on the American jury system.

 

 

 

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Click here to register for the 2017 NAFUSA Annual Conference

Andy Luger Joins Jones Day and NAFUSA

Jones Day announced in May that Andrew M. (Andy) Luger joined the Firm’s Minneapolis Office as a partner in its Investigations & White Collar Defense Practice. One of NAFUSA’s newest members, Andy joins NAFUSA members Karen Hewitt and Rick Deane at Jones Day. Mr. Luger comes to Jones Day after serving as the United States Attorney for the District of Minnesota from February 2014 through March 2017.

“I can’t think of a better lawyer and person to be our first white-collar partner in Minnesota and to enhance our national and global capabilities,” said Ted Chung, the leader of Jones Day’s Investigations & White Collar Defense Practice. “With his rare combination of stellar legal and leadership skills, broadbased experience in major matters, and seasoned judgment, Andy will be a strong and steady hand for clients in a host of areas, including internal investigations, criminal and regulatory enforcement actions, and high-stakes civil litigation.”

As U.S. Attorney, Mr. Luger supervised large scale, complex white collar cases including the prosecution of two lawyers for a wide ranging national copyright lawsuit scam, a federal tax court judge for tax crimes and multi-million dollar corporate embezzlement and trade secret cases. He also focused significant attention on matters relating to violent extremism and hate crimes, human trafficking, and gang-related activities. In what is to date one of the largest prosecutions of terrorism recruitment activities brought by the government, Mr. Luger charged 11 Minnesota men with plotting to join the Islamic State in Iraq and Syria, or “ISIS.” The actions ran concurrently with a federal pilot project – managed by Mr. Luger’s office – structured to curtail the recruitment of Somali-Americans by terrorist organizations. He also supervised the prosecution of Danny Heinrich in a case that brought to an end the mystery over the disappearance of Jacob Wetterling in October 1989.

“I am very excited to return to private practice and to be doing so with Jones Day,” said Mr. Luger. “Not only is the Firm well-known for its seamless and collaborative approach in serving clients, it is also involved with some of the most intense white collar matters and investigations in the U.S. and around the world. Since its arrival to the Twin Cities less than one year ago, Jones Day has quickly become an important part of the business and legal community and I look forward to being part of its continued growth and involvement here.”

Mr. Luger’s private sector experience includes complex business litigation and white collar defense work, which involved trying civil and criminal cases in state and federal courts. At the special request of several Minnesota officials, he conducted public investigations into allegations of improprieties at the state’s now-defunct Metro Gang Strike Force, and into security measures at the 2008 Republican National Convention in St. Paul. Mr. Luger has also served on the Board of Trustees of Temple Israel in Minneapolis and on the board of Amicus, a non-profit that works with prisoners returning to their community.

Mr. Luger’s previous public sector experience includes serving as an Assistant U.S. Attorney in the District of Minnesota, where he prosecuted numerous criminal cases in federal court and argued appeals to the U.S. Eighth Circuit Court, and as an Assistant U.S. Attorney in the Eastern District of New York, where he prosecuted white collar and organized crime cases, including a $750 million international money laundering case against the National Mortgage Bank of Greece.

 

Deborah Gilg Joins Time Health Management

Time Health Management is pleased to announce that Former United States Attorney for Nebraska, Deborah R. Gilg, has joined the company as Vice-President, General Counsel  and Chief Operating Officer.  Gilg, the first female US Attorney in Nebraska history, will be instrumental in the development of this growing multispecialty clinic focused on exceptional patient experiences and coordinated medical care. Time Health Management is a Nebraska corporation that focuses on preventative wellness medical practice, direct primary care, and employer based insurance care. 

 
Gerard Stanley, Jr., M.D., the CEO of Time Health, states,  “Mrs. Gilg brings a wealth of managerial and administrative experience to our organization as well as extensive experience from defense of medical malpractice claims against the Veteran’s Administration, workmen’s compensation medical claims issues and  plaintiffs private personal injury lawsuit experience. Her insights into healthcare delivery are both insightful and a breath of fresh air.  We are pleased to welcome her to a high level position as well as an ownership interest in our rapidly expanding organization.”

NAFUSA President Bart Daniel Joins Nelson Mullins

 

Nelson Mullins announced today that NAFUSA President Bart Daniel, the former U.S. Attorney for South Carolina (1989-1992), has joined the firm as a litigation partner. He will split his time between the Firm’s Charleston and Columbia offices.

Most recently, Daniel was the lead attorney in a securities fraud trial in the court of Judge Margaret Seymour, Senior United States District Judge of the United States District Court for the District of South Carolina. Defending Revolutions Medical Corporation (RMC) CEO Rondald Wheet, who faced a maximum sentence of 80 years imprisonment if convicted, Mr. Daniel secured a unanimous jury verdict of not guilty on all three counts of securities fraud and false filings with the Securities and Exchange Commission (SEC).

“Bart is a superb litigator with great judgment and extensive trial and investigative experience,” said James K. Lehman, Managing Partner of Nelson Mullins. “He is a great addition to the firm and brings significant leadership skills to the group. Most importantly, Bart is a well-respected leader in the legal community, a good person, and someone we will be pleased to call partner.”

Daniel, who was nominated by President George H.W. Bush, was confirmed in 1989 and served as U.S. Attorney until 1992. He was presented with the U.S. Attorney’s Flag Award in 1991 for his work in the prosecution of Operation Lost Trust, one of the country’s most high-profile corruption cases.

“First and foremost, Nelson Mullins is a first-tier firm,” said Daniel. “They have a quality team in South Carolina and across all of their offices.  Those resources and superior team members will help me offer clients and potential clients the best possible representation.”

Since returning to private practice in 1992, Daniel has been active in both civil and criminal litigation, trying numerous white collar, health care, environmental, securities, and general business litigation matters to verdict in South Carolina. He has served as Special Counsel to the Governor, conducting an internal investigation into allegations of public corruption and influence peddling in state government.

He also served as Lead Counsel for the South Carolina House of Representatives before a Three-Judge Federal Panel in the trial involving reapportionment and the drawing of district lines.

Bart will be joining the firm’s litigation group comprised of over 283 attorneys across 17 offices and will co-lead the Firm’s White Collar Crime and Government Investigations Practice Group. “Bart brings so much to the Firm,” said Mark Jones, leader of the Firm’s litigation group. “He is not only a first-chair trial lawyer with a proven track record of winning different types of complicated, high-stakes cases, he is a bastion of the Bar in Charleston and throughout South Carolina and a strong community leader. His presence will certainly enhance what our group can offer clients and be a great influence on the entire firm.”

Most recently, Daniel was recognized by The Best Lawyers in America® 2018  for Commercial Litigation, Criminal Defense: White-Collar and Government Relations Practice in South Carolina.  A graduate of The Citadel (B.A., 1977) and the University of South Carolina School of Law (J.D., 1980), Daniel is a frequent lecturer and has authored numerous publications on the False Claims Act and white collar crime. His most recent publication, “Health Care Fraud and Collateral Consequences”, Second Edition published in 2011, deals with the recently enacted changes in health care enforcement and the False Claims Act, brought about by changes to the Patient Protection and Affordable Care Act.

Established in 1897, Nelson Mullins has more than 525 attorneys and other professionals with offices in California, Colorado, the District of Columbia, Florida, Georgia, Massachusetts, New York, North Carolina, South Carolina, Tennessee, and West Virginia. For more information on the Firm, go to www.nelsonmullins.com.

Carmen Ortiz Joins Anderson & Kreiger

 

Carmen Ortiz, former U.S. Attorney for the District of Massachusetts (2009-2017), has joined Anderson & Kreiger LLP in Boston.

“I’ve long admired Carmen and am now proud to call her a colleague,” said David Mackey, Managing Partner. “Carmen is joining our firm immediately, but will also continue in her role as the Rappaport visiting professor at Boston College Law School through this semester.  Carmen will begin full-time work at Anderson & Kreiger at the beginning of the year.  I am confident she will immediately strengthen our ability to serve our clients, and I can’t think of a better mentor to help guide and train our younger lawyers.”

Ortiz will focus on internal investigations, corporate compliance and litigation, as well as white collar criminal defense.  She intends to continue to serve as a leader in the women’s bar and minority legal community.

“I chose Anderson & Kreiger because of its people, culture and commitment to practicing law with the highest professional standards,” said Ortiz.  “The firm is involved in interesting, high-profile work done by top-notch lawyers who believe strongly in their cases and their clients.  I love practicing law, and will bring the same passion and commitment to Anderson & Kreiger’s clients that I brought to my role as U.S. Attorney.”

Ortiz’s legal career spans more than 30 years with service at the U.S. Department of Justice, as an Assistant District Attorney for Middlesex County and, for the last 7 years, as the U.S. Attorney for the District of Massachusetts.  She has been involved in some of Massachusetts’ most high-profile cases, including prosecutions of Whitey Bulger and the Boston Marathon bomber.  She is also widely respected for her commitment to civil liberties. She established the first Civil Rights Unit in the U.S. Attorney’s Office, and she broadened the Office’s outreach and engagement efforts, meeting regularly with many community groups on a variety of issues to promote public safety, community policing and civil rights.

Ethics Panel Announced For DC Conference

Judge Boasberg

This year’s ethics presentation, “Ethics Oversight at DOJ: A Federal Judge and DOJ Watchdogs Discuss the Challenges of the Day” will be moderated by the Honorable James E. “Jeb” Boasberg, United States District Judge for the District of Columbia. Judge Boasberg also serves on the United States Foreign Intelligence Surveillance Court. He has also served  in the U.S. Attorneys Office for the District of Columbia as as AUSA specializing in homicide prosecutions.

 

 

 

 

Michael Horowitz

The panel will be composed of the three major “watchdogs” for ethics oversight at the Department. Michael E. Horowtiz has served as the Inspector General of DOJ since April 2012. Since 2015, he has also served as the Chair of the Council of the Inspectors General on Integrity and Efficiency. He served as an AUSA for the SD of New York, where he was the Chief of the Public Corruption Unit and a Deputy Chief of the Criminal Division. He then worked at Main Justice as Deputy Assistant Attorney General and then Chief of Staff of the Criminal Division.

Scott Schools

Scott Schools

NAFUSA member Scott Schools was named an Associate Deputy General in October 2016, and has assumed the position formerly filled by David Margolis. He has previously spent 18 years at the Department, including stints as the U.S. Attorney for the Northern District of California (2007-2008) and South Carolina (2001).

 

 

 

 

Robin Ashton

Robin Ashton has led the Department of Justice Office of Professional Responsibility since 2011. Her long career at the Justice includes serving in the litigation section of the Antitrust Division, as an AUSA for the District of Columbia, and as the Executive Assistant for Management. She also served as the Deputy Director of the Executive Office for U.S. Attorneys from 2001-2005.

 

Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference

Doug Jones Wins Dem Primary in Alabama Senate Race

Doug Jones (The Birmingham News/Joe Singer)

NAFUSA member Doug Jones won Tuesday’s Alabama Democratic primary and will face the winner of a GOP runoff September 26 in the general election on December 12 to determine who will fill the Senate seat vacated by Jeff Sessions.

Former Alabama chief justice Roy Moore and Sen. Luther Strange finished atop the GOP field on Tuesday, but neither candidate received a majority of the vote, creating the need for the runoff. Jones received 63.6 percent of the Democratic vote with 86 percent of the vote counted.

 

 

Marc Jimenez Leaves McDermott to Form Own Firm

Marcos Jimenez

NAFUSA board member Marcos Jimenez has left McDermott, Will & Emery to strike out on his own. Jimenez served as the United States Attorney for the SD of Florida (2002-2005).

As reported by the daliybusinessreview.com, “Jimenez’s current high-profile cases include his representation of ex-Panamanian president Ricardo Martinelli in his fight to avoid extradition to Panama. He is also representing former Florida Rep. Erik Fresen, who is accused of failing to file tax returns. Jimenez said he left McDermott in May, formed his own practice and has been sharing office space and collaborating with lawyers at the Miami firm Leon Cosgrove.”

“I’m in their office, but I practice as my own P.A., not as a partner in their firm,” Jimenez said. “I wanted to join friends at a litigation practice and be in a smaller firm that is exclusively dedicated to litigation.”

Jimenez has significant experience litigating high-profile matters, including class action, health care, financial institution, real estate, entertainment, professional liability and white-collar criminal cases.

His long list of current notable clients includes Martinelli, Panama’s former president who was arrested in June and is fighting extradition to Panama, where he stands accused of recording private conversations of political allies, opponents, journalists, businesspeople, and even his mistress, according to reports. In 2011, Martinelli fired Juan Carlos Varela, who is now the sitting president, for allegedly receiving kickbacks from foreign consulates. Martinelli, who faces charges in other cases in Panama as well, argues the charges are politically motivated due to his firing of Varela.

On Monday, Jimenez and his legal team filed an emergency petition with the U.S. Supreme Court that asserts Martinelli’s constitutional rights have been violated because his bid for bond was denied.

Jimenez’s other notable current litigation clients include the rapper Pitbull, who is involved in a personal injury action filed by a former bodyguard in New York. He is also representing a former director in a shareholder class action involving public company Patriot National Inc. And along with McGuireWoods, he is representing Wells Fargo in some of the civil cases involving the alleged Forrest Capital fraud scheme.

Jimenez is also the attorney for the French government-owned entity CDR in actions relating to the former real estate of Maurice and Leon Cohen, and the former manager of the Regalia, a luxury condo project in Sunny Isles Beach.

After leaving the U.S. Attorney’s office post, Jimenez worked in complex commercial litigation and white-collar criminal defense at Kenny Nachwalter, and then at Kasowitz, Benson, Torres & Friedman, before joining McDermott five years ago.

“Having my own firm and more flexibility to work on a variety of both white-collar criminal and complex business litigation matters has always been a dream of mine, so I am grateful to have the opportunity to do so at this stage in my career,” Jimenez said.

 

Supreme Court Panel Announced For DC Conference

Adam Liptak

This year’s NAFUSA conference will feature an outstanding panel discussion of the Supreme Court, moderated by Adam Liptak of The New York Times. Liptak covers the Supreme Court for The Times and his column on legal affairs, “Sidebar,” appears every other Thursday. Liptak last appeared at a NAFUSA conference in New York City in 2010.

 

 

 

 

The outstanding panel is composed of:

Ted Olson

NAFUSA member Ted Olson, former Solicitor General of the United States and a partner in Gibson, Dunn & Crutcher’s Washington, D.C. office. He has argued sixty-two cases before the Supreme Court. Olson last spoke at a NAFUSA conference in 2013 in Washington, D.C.

 

 

 

 

 

Paul Clement

Paul Clement also served as the Solicitor General of the United States and is a partner in the Washington, D.C. officer of Kirkland & Ellis. Clement has argued over 85 cases before the United States Supreme Court.

 

 

 

 

 

 

Neal Katyal

Neal Katyal served as Acting Solicitor General of the United States and has argued 34 cases before the United States Supreme Court, with 32 of them in the last 8 years.

The panel discussion will take place at The Mayflower Hotel on Friday, October 20, 2017, from 9:45-10:45 AM.

 
 

 
 

Click here to see speaker bios

Click here to register for the 2017 NAFUSA Annual Conference