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Health Law Section
June 2008 E-Newsletter

Mark Your Calendars

ERISA and Health Plans: Hot Topics 2008
Wednesday, June 18, 2008
6:00 – 9:15 p.m.

D.C. Bar Conference Center
1250 H Street NW (B-1 Level)
(Metro Center)

Description
At every level, the federal courts continue to grapple with a variety of interesting and important ERISA issues. This course will focus on recent developments in individual benefit, fiduciary claims and ERISA preemption litigation. Specifically, our panel of ERISA experts will analyze key cases and developing trends in ERISA health plan litigation. Attend this course to learn more about Metropolitan Life v. Glenn and its impact on ERISA standard of review and conflict of interest issues (this case was argued in April before the Supreme Court and a decision is expected shortly.) We will also examine discretionary clauses in health and disability plans, focusing on important recent decisions in several states, including Montana and Michigan. The panel will also discuss current state activity requiring disclosure of usual and customary charges in health plans, especially the suits that have been filed by New York and California. We will also analyze recent preemption cases challenging state and local efforts to craft comprehensive health care reform to cover the uninsured that contain employer spending requirements. Finally, we'll discuss important trends in retiree health litigation, including recent settlements of retiree class action suits that have resulted in the establishment of tax-exempt trusts (voluntary employees' beneficiary associations or VEBAs) as a mechanism to provide retiree health benefits in the future for the class members.

Our panel of ERISA experts, representing diverse stakeholders, will evaluate these current and future litigation trends and their implications for plan sponsors, participants, health plans, service providers and state and federal policymakers.

CLE Credit
3.0 Credit Hours

Contact
CLE Program 202-626-3488

Speakers
Phyllis Borzi, O'Donoghue & O'Donoghue
Martha Wagner, Venable LLP
Denise Clark, The Law Office of Denise M. Clark
Timothy Hauser, Division of Plan Benefits Security, Office of the Solicitor, U.S. Department of Labor
Karen Handorf, Cohen, Milstein, Hausfeld & Toll, P.L.L.C.

Cost
Health Law Section $80.00
Labor and Employment Law Section $80.00
Litigation Section $80.00
Taxation Section $80.00
DC Bar Members $90.00
Others $115.00

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Shhhhh, it's a Secret: Litigating Cases When the Government Claims Information is Secret
Thursday, June 19, 2008
12:00–2:00 p.m.
Off–the–Record Brown Bag Program

D.C. Bar Conference Center
1250 H Street NW (B-1 Level)
(Metro Center)

Description
Government secrets arise throughout criminal and civil litigation. Are you prepared to handle a case in which the government claims information is secret? Do you know what inquiries to make to confirm the information really is classified? What do you have to do to make your case? Join us for a brown bag program with a panel of experts on the use of classified information in litigation. Mr. Leonard is the former director of the government office charged with oversight of security classification across the executive branch. Ms. Van Gelder, a former federal prosecutor, steers clients through the gamut of white collar proceedings-from congressional investigations to civil qui tam actions to administrative hearings and criminal litigation. Mr. Schwartz, a former general counsel of the National Security Agency, focuses on corporate compliance, white collar criminal defense and national security matters, including security and facility clearances and the handling of classified information, conducting internal investigations and audits, replying to grand jury and other investigative subpoenas, negotiating resolutions of government investigations and allegations and designing and implementing corporate compliance programs. The panel will discuss a range of situations in which classified information can come into play and how you can best represent your clients' interests.

Sponsors
District of Columbia Bar Administrative Law and Agency Practice Section

In Cosponsorship with Courts, Lawyers and the Administration of Justice Section; Criminal Law and Individual Rights Section; Intellectual Property Law Section; Health Law Section; Corporation, Finance and Securities Law Section; Government Contracts and Litigation Section; Computer and Telecommunications Law Section; District of Columbia Affairs Section; Litigation Section; Labor and Employment Law Section; International Law Section; Tort Law Section; Arts, Entertainment, Media and Sports Law Section

Contact
Sections Office 202-626-3463

Speakers
Daniel Schwartz, Partner, Bryan Cave LLP
Barbara Van Gelder, Partner, Morgan Lewis & Bockius
Meredith Fuchs, General Counsel, The National Security Archive
J. William Leonard, former Director of the Information Oversight Office

CLE Credit
No

Cost
Administrative Law and Agency Practice Members $10.00
Courts, Lawyers and the Administration of Justice $10.00
Criminal Law and Individual Rights Members $10.00
Intellectual Property Law Members $10.00
Health Law Members $10.00
Corporation, Finance and Securities Law Members $10.00
Government Contracts and Litigation Members $10.00
Computer and Telecommunications Law Members $10.00
District of Columbia Affairs Members $10.00
Litigation Members $10.00
Labor and Employment Law Members $10.00
International Law Members $10.00
Tort Law Members $10.00
Government and Non-Profit Employees $10.00
Students $10.00
Arts, Entertainment, Media and Sports Law Members $10.00
Non-Section Members $20.00
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Effective Writing for Lawyers
Thursday, June 26, 2008
9:30 a.m.—4:30 p.m.

D.C. Bar Conference Center
1250 H Street NW (B-1 Level)
(Metro Center)

Description
This essential course for new or seasoned attorneys teaches participants how to recognize and correct common writing problems. Through a series of interactive exercises, you will learn how to fix those problems and make dull and bureaucratic language clear and concise. Participants also will learn how to think about the writing process, how to untangle sentences, and how to edit. Plus you will learn 10 tips for turning ordinary writing into crisp, sharp, and convincing prose. This class will help you to communicate more effectively with your clients and others in the legal process. Class limited to 20 registrants.

Note: This class includes the information taught in “Introduction to Effective Writing for Lawyers” and students should not take both classes. Instead, students may want to select “Advanced Effective Writing for Lawyers” as an excellent follow up course to this class.

CLE Credit
5.5 Credit Hours
(Except 5.0 Credit Hours for Florida)

Contact
CLE Program 202-626-3488

Speakers
Kate Sylvester, Writewell

Cost
Administrative Law and Agency Practice Section $265.00
Antitrust and Consumer Law Section $265.00
Corporation, Finance and Securities Law Section $265.00
Courts, Lawyers and the Administration of Justice $265.00
Criminal Law and Individual Rights Section $265.00
District of Columbia Affairs Section $265.00
Environment, Energy and Natural Resources Section $265.00
Estates, Trusts and Probate Law Section $265.00
Family Law Section $265.00
Government Contracts and Litigation Section $265.00
Tort Law Section $265.00
International Law Section $265.00
Labor and Employment Law Section $265.00
Intellectual Property Law Section $265.00
Real Estate, Housing and Land Use Section $265.00
Taxation Section $265.00
Law Practice Management $265.00
Litigation Section $265.00
Computer and Telecommunications Law Section $265.00
Health Law Section $265.00
Arts, Entertainment, Media and Sports Law Section $265.00
D.C. Bar Members $275.00
Others $305.00

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Series: Mastering the Rules of Evidence Series
Monday, August 25, 2008
6:00–9:15 p.m.

D.C. Bar Conference Center
1250 H Street NW (B-1 Level)
(Metro Center)

Description
This series is designed to help you master the federal and local rules of evidence and will address both criminal and civil evidentiary issues. Proper objections and other considerations associated with evidentiary foundations at trial will be reviewed. Faculty will also help you learn procedures and trial strategies and teach you to deal with evidentiary and foundational issues comfortably.

Part I (August 25) - This session will address topics ranging from competence and privileges to opinion and hearsay testimony. Hearsay and hearsay exceptions will be reviewed and practical examples will be presented.

Part II (August 26) - The second session will continue the discussion of the hearsay rules and also consider the authentication of various types of exhibits, helping you to understand the evidentiary rules respecting the admission of various writings, recordings and photographs.

CLE Credit
Credit: 6.0 Total Credit Hours
(3.0 Credit Hours Per Session)

Contact
CLE Program 202-626-3488

Speakers
L. Thomas, assistant United States attorney

Cost
Criminal Law and Individual Rights Section $110.00
Family Law Section $110.00
Health Law Section $110.00
Labor and Employment Law Section $110.00
Law Practice Management Section $110.00
Litigation Section $110.00
Real Estate, Housing and Land Use Section $110.00
Tort Section $110.00
D.C. Bar Members $130.00
Others $170.00

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Get Involved In Programming!
The Health Law Section is seeking volunteers to help with the Programs and Education Committee. The Programs and Education Committee is responsible for organizing educational programs sponsored by the Health Law Section. Examples of recent programs organized by the Committee include Patient Quality of Care, Anatomy of a Health Care Fraud Investigation, and Update on Health Care Antitrust Issues. Members are asked to participate in once-monthly calls and plan at least one program per year in teams of two. Membership on this Committee offers an excellent opportunity to learn about new areas of health law and to network with government health care officials and leading private practitioners.

Those interested in serving on the Programs and Education Committee should contact Lesley Reynolds at (202) 662-0247.

If you are not currently able to serve on the Committee, but have an idea for a program or wish to assist in planning one program, please contact Lesley Reynolds.

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Community Outreach--Call For Volunteers
The D.C. Bar Health Law Section is looking for interested volunteers to join the Community Outreach Committee. The Committee will guide the existing community outreach projects of the Health Law Section as well as develop new projects and opportunities for the Section. The Committee holds conference calls and other ad hoc meetings as appropriate. Please contact Paul Kim at 410-347-7344, Patrick Hope at 202-261-4541 or Robyn Diaz at 202-444-3213 if you are interested in playing an instrumental role in the community outreach activities of the Health Law Section.

An immediate opportunity exists to volunteer with the healthcare decision-making project. Through this project, Health Law section members lead informational workshops about advance healthcare directives for senior citizens at senior centers, churches, synagogues, and elsewhere. Speakers provide copies of the advance directive forms approved for use in the D.C. area, instructions on how to complete the form, and, through use of an interactive video, suggestions about how to raise medical decision-making issues with family members. A number of workshops are scheduled for the end of 2007 and interest on the part of senior centers in hosting these workshops is high. The project needs attorneys who are knowledgeable about advance directives to volunteer to be presenters, and/or to answer attendees' individual questions at the workshops. Please contact one of the community outreach coordinators if you are interested in volunteering.

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Are You A Young Health Law Practitioner?
If so, join the Young Health Law Practitioners Committee of the Health Law Section for networking events, programs geared toward newer health care attorneys and a chance to meet and socialize with your colleagues. For more information about the activities of this enthusiastic group of your lawyers, please contact Kendra Martello or Paul Kim.

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Update Your Contact Information
Have you recently moved or switched jobs? Please update your contact information with the D.C. Bar. Changes must be sent to the D.C. Bar Member Service Center, 1250 H Street NW, Sixth Floor, Washington, DC 20005-5937, or submitted online or via e-mail.

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E–mail Notices
Don't miss important Section e-mail announcements and Newsletters! Please add or update your e-mail address.

For information about Health Law Section programs and activities, please visit the Health Law Section web page.

Comments or questions about this newsletter may be addressed to Robyn Diaz.

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