Each year, the National LGBT Bar Association’s Lavender Law® conference provides a challenging and rewarding learning experience for our attendees and presenters. To cater to our highly diverse demographic of practitioners, legal scholars, members of the judiciary and law students, the latter of whom make up half of the conference attendees, both introductory and advanced content will be presented.
Workshop Schedule
In addition to day-long seminars focused on family law and transgender issues (the LGBT Family Law Institute and the Transgender Law Institute), the 2013 conference will feature workshops on cutting edge legal issues affecting LGBT individuals, families and the community.
Current Workshop List
Titles, descriptions and speakers subject to change:
Session One
Session Two
Session Three
Session Four
Session Five
Concurrent Workshops Session One
Friday, August 23 | 10:45am – 12:15pm
Junior Scholars
Sponsored by Covington & Burling
Juniper
The objective of this panel is to encourage and foster the development of junior scholars writing on sexual orientation and gender identity issues. The Forum provides an opportunity for these scholars, chosen from a call for papers, to present their current scholarship and to receive feedback and mentoring from more established scholars in the field.
Coordinator: Courtney Joslin
The New LGBT Legal Employment Market
Sponsored by Axiom
Yerba Buena 1
Historically, law firms were among the most inhospitable employers for LGBT people. Now, law firms make up the lion’s share of HRC’s best employers. Yet, many LGBT law grads still struggle in the job market. Designed for law students, graduates, faculty, and CSO professionals, this session will examine how the employment market has changed and will provide strategies for maximizing LGBT graduate employment opportunities. Curricular reform, support for student groups, on-campus programming, off-campus networking, and digital job hunting and due diligence all contribute to making the most of the current market for out and proud LGBT job applicants.
Speakers: Marty Grenhart, James G. Leipold, Larry Levine, J. Kelly Strader
Till Equality Do Us Part: Divorce for Same-Sex Couples in States That Do Not Recognize Their Marriages
Sponsored by Paul, Weiss, Rifkind, Wharton & Garrison LLP
Yerba Buena 2
A growing number of states recognize marriages between same-sex spouses, or comprehensive registered domestic partnerships or civil unions with the rights and responsibilities of marriage. As with many couples, some married same-sex couples break-up and decide to divorce, but they may not be able to if they live in states that do not recognize their relationships. This can have serious legal and financial consequences, and prevents them from remarrying. However, new laws allow non-residents to divorce in some states. Additionally, some attorneys in non-recognition states have been able to obtain orders ending these relationships through creative approaches.
Moderator: Cathy Sakimura
Speakers: Lauren Barros, Karen Langsley, Allison Mendel
Ensuring Access at the Courthouse for Trans Persons
Sponsored by Alston & Bird
Yerba Buena 3
There is much discussion about including legal rights of transgender persons into state and federal non-discrimination legislation, but less discussion about the courtroom and how to make it and court processes more accessible. Court rules and policies may or may not include transgender people within their scope. Judges, advocates, activists, and trans people need to know how to modify or work within court processes to make experiences and treatment of trans people in courtrooms fairer. This panel of judges, judicial educators, and others will discuss best practices, tools, and approaches for ensuring access and fairness for transgender persons in court.
Speakers: Judge Phyllis Frye, Judge Victoria Kolakowski, Judge Debra Silber
Basic Estate and Income Tax Planning for Same-Sex Couples
Sponsored by Arnold & Porter
Yerba Buena 4
This panel of practitioners from different states will discuss the nuts and bolts of estate planning for same sex couples, including trusts, wills, financial powers of attorney, and medical directives and the impact on such work that the recent Supreme Court decisions will likely have. Included in this discussion will be a review of the legal and tax issues associated with the decision of whether to get married, the importance of naming guardians for minor children, and how beneficiary designation forms play an important role in making any estate plan ‘hang together.’
Moderator: Elise S. F. Baker
Speakers: Joan M. Burda, Tamara Kolz Griffin, Scott Squillace
Not the Usual Suspects: Civil Rights Organizations Advancing LGBT Rights
Sponsored by Baker, Donelson, Bearman, Caldwell & Berkman
Yerba Buena 5
The role of allied organizations in advancing LGBT rights is critical, but not often highlighted. Allied organizations, organizations whose primary mission does not explicitly address LGBT rights, have been essential in moving LGBT rights forward. These organizations understand not only the weight of their voice, but that progress towards justice for all benefits not only LGBT people, but makes their entire organization more inclusive and ultimately strengthens the organization’s broader agenda. How can staff and lay/volunteer leaders facilitate allied organizations’ participation in expanding LGBT rights? What opportunities exist for allied organizations?
Speakers: Matthew Barragan, James Esseks, Alesdair Ittelson, Seth M. Marnin, Karin Wang
Can’t Go Back to Yesterday: How the Dodd-Frank Act Has Changed Financial Services Regulation and Litigation
Sponsored by Bank of America
Yerba Buena 6
The impact of Dodd-Frank and the establishment of the Consumer Financial Protection Bureau are being felt not just on Wall Street and Main Street, but also in Silicon Valley and everywhere in between as companies realize their business activities – mobile payments, new software and hardware, B2B transactions, and even virtual currency – could trigger new regulatory, enforcement, and litigation risks. Hear from a panel of outside and in-house counsel on the ways in which regulatory compliance expectations and litigation risks – particularly for a host of industries never before considered to be within scope of regulated financial institutions – have been upended, and how to navigate successfully these new and evolving risks.
Speakers: Valerie Hletko, Sandra Neely, Greg Todd, Donna Wilson
Bruised Rainbows: Making Visible LGBT Survivors of Domestic and Sexual Violence in the Legal Community
Sponsored by Baker Hostetler
Nob Hill A
Domestic and sexual violence in LGBT Communities is as common as or more common than among non-LGBT individuals, but unique dynamics have resulted in an invisibility of the issue and the potential for further victimization by the legal process of LGBT survivors. This training will examine domestic violence and sexual violence in LGBT communities as well as the landmark legislation the Violence Against Women Act (VAWA), how we passed an LGBT-inclusive bill, and what it means for increasing legal services and the visibility of the issue.
Speakers: Terra Slavin, Andrew Sta. Ana, Wayne Thomas, Judge Zeke Zeidler
Navigating Your Employer-Provided Benefits Following the Supreme Court’s Same-Sex Marriage Decisions
Sponsored by McDermott Will & Emery
Nob Hill B
As a result of the Defense of Marriage Act (DOMA), individuals within the LGBT community have been denied important protections under federal law, including in connection with their employer-provided benefits. Nonetheless, in recent years, a large number of employers have voluntarily extended LGBT employees equal benefits. However, in doing so, those employers have faced significant administrative and other challenges. Earlier this year, the Supreme Court ruled in Windsor v. U.S., on the constitutionality of DOMA, and in Hollingsworth v. Perry, on the constitutionality of California’s Proposition 8 which denied same-sex couples the right to marry based on a popular vote. Our panel will address key considerations for employer-provided plans, including health and welfare and retirement plans, based on the Supreme Court’s decisions in these cases. We will also discuss practical planning opportunities for LGBT employees in light of the affect the Supreme Court decisions’ have had on employee benefit plans.
Speakers: Pat Cain, Joseph M. Manicki, Richard M. Segal, Todd A. Solomon
Still on the Books: Sodomy Laws in the United States
Sponsored by Carlton Fields
Nob Hill C
In April 2013, Montana’s Governor signed a bill that repealed the state’s sodomy law. A surprising 19 states still have a law criminalizing same-sex intimacy despite the landmark ruling in Lawrence v. Texas in 2003, legalizing same-sex sexual activity in all states. Given the specific nature of state law and the Lawrence case, courts have ruled that states’ sodomy statutes were not wholly invalidated by the 2003 ruling. Advocates of legal equality still face challenges almost a decade after the momentous decision. This panel will discuss the reasons that sodomy laws are still on the books and how activists can work to eliminate them altogether.
Speakers: Peter Renn, Brian Simons, Paul Smith, Phillip Tahmindjis
Inside the GC’s Playbook: 5 Practical Ways to Improve Legal Spend and Efficiency
Sponsored by Cleary Gottlieb Steen & Hamilton
Nob Hill D
This session highlights five key methods that global companies have applied to reduce Total Cost of Ownership (TCO) of their legal department. Pioneering in-house chief of staff, legal operations directors/managers, law firm partners and executives discuss their real life experiences, challenges and successes implementing these principals into their operations. This session will be facilitated by Elevate, a leading provider of legal consulting, managed services and technology. The 5 Methods: 1. Key Metrics, Benchmarking and GC Dashboards 2. Value-driven Legal Spend and Outside Counsel Management 3. Working Differently (Alternative Legal Services) 4. Not More Technology, but Smarter Use 5. Managing Change.
Speakers: Becca Bloomquist, Connie Brenton, Kunoor Chopra, Duncan Crabtree-Ireland, Nicole Dogwill, J.D. Fugate, Gavin Gray, Pratik Patel
Concurrent Workshops Session Two
Friday, August 23 | 2:00pm – 3:30pm
Are you My Mommy? Litigating Contested Parentage Cases
Sponsored by Crowell & Moring
Yerba Buena 1
There are many different ways that LGBT parents are forming families. Questions about legal parentage can come up for children conceived by assisted reproduction involving sperm donors, egg donors, and/or surrogates, as well as for children raised by non-biological parents or by more than two parents. The law often does not easily fit the realities of LGBT families, and creative legal approaches may be needed. Because changes in family law often come about through litigation rather than through legislation, it is vital that attorneys representing LGBT parents pay attention to the potential consequences their case may have on other families.
Moderator: Courtney G. Joslin
Speakers: Patience Crozier, Carol Jones, Paul Thorndal
Cutting Edge Issues in Trans Rights
Sponsored by Davis Polk & Wardwell
Yerba Buena 2
From multiple wins on identity document polices, health care insurance bulletins in several states, new policies on jails and prisons, school controversies related to trans kids, restroom-related legislation, to EEOC and other agency rulings on sex, the field of transgender rights is constantly evolving and expanding through litigation and legislation/policy. Panelists will assess where and why we are winning and losing, and will explain which types of litigation and legislative efforts are strategic right now in each of the highlighted topics.
Speakers: Judge Phyllis Frye, Jamison Green, Bennett Klein, Dru Levasseur, Elana Redfield, Harper Jean Tobin, Joseph. J. Wardenski
CAUCUS: Legal Aid Services for Low-Income LGBT Clients
Sponsored by Debevoise & Plimpton
Yerba Buena 3
This caucus is a networking and informational meeting for legal aid and legal services advocates interested in providing services to low-income LGBT clients. All advocates involved in providing services to low-income individuals are invited to attend. In this caucus, we will discuss issues such as the challenges in serving and reaching the LGBT community, tips for providing competent services, strategies for effective outreach to the LGBT community, and examples of successful LGBT-focused projects started by legal services organizations. The organizers will provide an overview of a pilot LGBT competency training curriculum for legal aid offices being developed by the speakers.
Supplementary Materials (Not CLE)
Coordinators: Ez Cukor, Cathy Sakimura, Dan Torres
Advanced Estate and Income Tax Planning for Same-Sex Couples
Sponsored by Fenwick & West
Yerba Buena 4
This workshop will focus on various tax issues that arise for same-sex couples. The panelists will focus primarily on estate tax issues and the difference in treatment between couples whose relationships are recognized and those whose relationships are not recognized. Some attention will be given to related income tax issues as well.
Speakers: Pat Cain, Tamara Kolz Griffin, Wendy Hartmann, Michael Tucker
Teaching Sexual Orientation, Gender Identity and the Law: A Roundtable Discussion (By application only)
Please click here to apply to attend this workshop
Sponsored by Foley & Lardner
Yerba Buena 5
This workshop is intended for individuals who teach, have taught, or will teach Sexual Orientation/Gender Identity courses in law school or undergraduate settings. The workshop will be structured as an informal, facilitated discussion in which participants can share ideas about teaching-related topics. Topics will be participant-generated, but will likely include: 1) overall course structure and philosophy, 2) the use of textbooks versus other reading materials, and 3) how to meet the challenge of keeping pace with doctrinal developments while maintaining a predictable course arc. The workshop welcomes faculty regardless of tenurial status, and especially invites adjuncts to join our discussion.
Coordinators: Leonore F. Carpenter, Denise Brogan-Kator, Sharra Greer, Art Leonard, Larry Levine
New Frontiers: Ending Psychological Abuse of LGBT People
Sponsored by Gibson Dunn & Crutcher
Yerba Buena 6
LGBT people have endured a tragic history of medical and psychological abuse under false promises of changing sexual orientation to straight including shock treatment, lobotomies, and “reparative therapy.” Aversive techniques are now uncommon, but other sexual orientation change efforts continue nationally and internationally. This panel will examine current strategies against SOCE including legislation, litigation, and administrative actions. Emphasis will be on California’s first-ever law protecting youth from SOCE including ensuing litigation and a groundbreaking case on behalf of SOCE survivors under New Jersey’s Consumer Fraud Act.
Speakers: Senator Ted Lieu, Shannon Minter, Sam Wolfe
Judicial Vacancies
Sponsored by Goodwin Procter
Nob Hill A
The current vacancy rate in the judiciary is alarmingly high. Many existing vacancies have been designated as “judicial emergencies” by the courts. Despite these vacancies, however, judicial nominees in the last four years have faced unprecedented delays and opposition. A functioning court system is integral to the nation’s political livelihood and criminal justice system. This panel will discuss the current state of judicial vacancies and what steps can be taken to ensure that the courts are fully represented with diverse and qualified nominees.
Speakers: Andrew Blotky, Praveen Fernandes, Robert Raben
Legal Issues in the Post-DADT Military
Sponsored by Geenberg Traurig
Nob Hill B
This workshop will present an overview of challenges faced by LGBT service members after the repeal of the law that prohibited the open service members discovered to be gay, lesbian or bisexual. Although the law popularly known as Don’t Ask, Don’t Tell was repealed and service members can no longer be separated because of their sexual orientation, a number of challenges remain. The obstacles are a result of the lack of protections provided to servicemembers based on sexual orientation and gender identity. For example, under federal law, and in the military, sexual orientation and gender identity are not protected classes. Military Equal Opportunity regulations do not include protections against these types of discrimination and the MEO may not investigate complaints arising from that discrimination. The LGB servicemember is limited to seeking redress within the chain of command, or through the slow and cumbersome mechanism of Inspector General Complaints. Transgender servicemembers are still barred from open service. Should the Defense of Marriage Act remain in force, servicemembers will continue to be deprived of the benefits of military service that accrue solely to the recognized spouses of servicemembers. Obviously, the disposition of the cases currently pending before the U.S. Supreme Court may change the focus of this workshop.
Speakers: Beth Hillman, Diane Mazur, David McKean, Jillian Weiss, Bridget Wilson
Running a Solo or Small LGBT-Focused Law Practice
Sponsored by MetLife
Nob Hill D
Solo and small firm attorneys from around the country will discuss law office management, marketing, ethics and case management for those interested in starting or who are presently operating a firm with LGBT-focus.
Moderator: Debra E Guston
Speakers: Jodi Argentino, Alan H. Boudreau, Karen Moulding, Zack Paakkonen, Abby Rubenfeld, Kathleen Womack
Role of In-House Legal Departments and Law Firms in the Public Dialogue on LGBT Civil Rights
Sponsored by Carlton Fields
Nob Hill C
As states continue to deal with legislative and ballot initiatives to expand LGBT equality (or prevent efforts to limit rights), law firms and corporations are being asked to take public positions on these policy issues based on their roles as employers, business leaders, and advocates for the law. This panel will bring together lawyers from law firms and in-house legal departments that have dealt with these questions and taken different positions with varying results. Panelists will share their experiences and offer suggestions for dealing with similar situations.
Moderator: Brian Moulton
Speakers: Christopher Dolan, Marya Rose, John Sullivan, Kirk Wallace
Concurrent Workshops Session Three
Friday, August 23 | 3:45pm – 5:15pm
Advanced Topics in Elder Law: Planning for LGBT Older Adults
Sponsored by Cravath Swaine & Moore
Yerba Buena 1
This panel provides a comprehensive overview of the special challenges facing LGBT older adults as they age. Increased life expectancy, the spiraling cost of health care, and uncertain retirement income have complicated the aging process for all Americans, but LGBT older adults are often at a pronounced disadvantage due to their reliance on chosen family, financial insecurity, and continuing discrimination. Panelists will discuss how to navigate the complex system of federal benefits in a post-Windsor world, including: pension rights, social security, Medicare/Medicaid. They will also address issues related to caregiving, LGBT-friendly senior living facilities, and health care decision making.
Moderator: Larry Chanen
Speakers: David Godfrey, Nancy Knauer, Robin Maril, Gerald McIntyre, Hillary Meyer
Junior Scholars
Sponsored by Covington & Burling
Yerba Buena 2
The objective of this panel is to encourage and foster the development of junior scholars writing on sexual orientation and gender identity issues. The Forum provides an opportunity for these scholars, chosen from a call for papers, to present their current scholarship and to receive feedback and mentoring from more established scholars in the field.
Coordinator: Courtney Joslin
We Have an Anti-Discrimination Law! Now What?
Sponsored by K&L Gates
Yerba Buena 3
It takes a village to pass a GLBT-inclusive anti-discrimination law, but how is it enforced once it’s on the books? Though many are familiar with what goes into passing these laws, most know less about the government agencies tasked with giving them teeth. In this workshop, individuals from several state human rights agencies talk about the role of enforcement agencies, as well as the difficulties and successes they have experienced in working with their states’ specific anti-discrimination laws. Special attention is given to the practical challenges and political pressures these agencies face in enforcing the newest amendments to these laws to include gender identity and expression.
Speakers: Tico Almeida, Jaime Wojdowski, John C. Hummel, Jeffrey Wortman, Harper Jean Tobin
Disenfranchisement for All?: The Continuing Problem of Voter Suppression
Sponsored by Kaye Scholer
Yerba Buena 4
During the 2012 Presidential Election, voter suppression measures were front and center in the public dialogue. Many states enacted measures that would prevent certain groups from voting, including members of the LGBT community. An increasing number of states are proposing and enacting legislation that eliminates early voting, requires a photo ID for all voters and changes residency requirements. Panelists will talk about the impact these laws have on all voters, including the transgender community. Additionally, the impact on past elections as well as those that are upcoming will be analyzed.
Speakers: Jody Herman, Larry Hoyt, David Rosenblum
Juries and LGBT Bias: Issues and Best Practices in LGBT-Related Voir Dire and Jury Matters
Sponsored by Morgan Lewis & Bockius
Yerba Buena 5
The speakers will discuss best practices regarding LGBT jury issues, including approaches to LGBT-related voir dire, juror challenges based on LGBT prejudice, and detecting implicit bias against LGBT folks during voir dire. The panel will discuss both research and experience from the bench, as well as proposed legislation on LGBT “Batson”-related challenges. A must-attend for both criminal and civil practitioners.
Speakers: Todd Brower, Shelbi Day, Giovanna Shay, Judge D. Zeke Zeidler
Religious Exemptions
Sponsored by Winston & Strawn
Yerba Buena 6
The equality movement has come a long way in securing equal benefits and opportunities for the LGBT community, but despite the achievements that have been realized, there are still obstacles to justice, most notably in the case of religious exemptions. The religious and LGBT movements have long been depicted as conflicting ideologies. Religious exemptions allow religiously affiliated organizations, or even just religious individuals, not to obey LGBT non-discrimination rules in employment, housing, public accommodations. As the LGBT community turns to legislative action, most notably in the two relationship recognition cases heard by the Supreme Court, the tension between the accommodation of religious beliefs and the commitment to LGBT equality under the law becomes increasingly noteworthy. This panel will explore current legal and legislative developments on religious exemptions, and discuss effective messaging against religion-based discrimination against LGBT people.
Speakers: James Esseks, Douglas NeJaime, Peter Perkowski, Jenny Pizer
Transgender Athletes
Sponsored by Munger, Tolles & Olsen
Nob Hill A
How can the world of sports be more inclusive of transgender athletes? More and more transgender athletes are seeking the opportunity to compete in accordance with their gender identity, and regulatory bodies are grappling with how to craft policies of inclusion. Panelists will discuss the law that governs this area and the developing best practices for inclusion in K-12, collegiate, recreational, and professional sports. They will analyze the “fairness” concerns sometimes raised when transgender women compete against other women and discuss whether the gender-identity-based policies adopted by many K-12 and recreational leagues can work at all levels of competition.
Speakers: Erin Buzuvis, Helen Carroll, Elizabeth Kristen, Scott Skinner-Thompson, Matt Wood
Intersectionalities: LGBT and HIV Equality in Immigration Reform
Sponsored by Ogletree Deakins
Nob Hill B
This presentation will focus on the rights of LGBT and HIV-affected people at the intersection of immigration and criminal justice systems. The panel will address how efforts to criminalize HIV-affected people negatively impact immigration protection and relief. It will also explore strategies to counteract the criminalization of HIV, and explain how plans and proposals for overhauling the broken immigration system should be informed by the experiences of LGBT and HIV-affected immigrants. Panelists will also discuss the role of citizenship and belonging in the movement for LGBT and HIV equality.
Speakers: Ivan Espinoza-Madrigal, Nan Hunter, Ayako Miyashita, Maya Rupert
Gay and Trans Panic Legal Defenses: Seeking Justice
Sponsored by Robins, Kaplan, Miller & Ciresi
Nob Hill C
Gay panic and trans panic legal defenses are surprisingly long-lived historical artifacts, remnants of a time when widespread public antipathy was the norm for lesbian, gay, bisexual and transgender (‘LGBT’) individuals. These defenses ask a jury to find that a victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction. They claim that sexual orientation and gender identity can not only explain, but excuse, a perpetrator’s loss of self-control and subsequent assault of an LGBT individual. By fully or partially acquitting the perpetrators of crimes against LGBT victims, these defenses imply that LGBT lives are worth less than others. This panel will discuss the different applications of the gay and trans panic defenses as well as recommendations to lessen their use and effectiveness.
Speakers: Lousene Hoppe, John Hughes, Ryan Scott, Amy Slusser
The Changing Business of Law and the Value of Networking I
Sponsored by Navigant Consulting
Nob Hill D
The discussion will focus on the importance of possessing broad business knowledge and leveraging that through a personal networking in order build a book of business throughout your professional career. Key components of the discussion will revolve around understanding the goals and business challenges of the clients. Particular emphasis on the observation that often firms have a communication breakdown within different segments of the firm e.g., partners, billing, marketing and firm management, that leads to the loss of potential clients. Finally, we will address how these communications breakdowns and lack of business knowledge can all be addressed through networking.
Moderator: Kenneth Sanchez
Speakers: Kate Fitzgerald, Michael Lundberg, Mike Sosso, Bill Underwood
Concurrent Workshops Session Four
Saturday, August 24 | 10:45am – 12:15pm
Finding and Defining the Right Legal Career for You
Sponsored by Freddie Mac
Yerba Buena 1
Recognizing today’s legal career trajectory is like a river with forks and turns, this panel’s objective is to guide attorneys through the whitewater and help them meet their career goals. We will address the considerations that go into making career choices, whether in public service, government, corporate in-house, or firm partnership. We will provide pointers for new attorneys or seasoned veterans seeking a career change. We will suggest formulating plans that concretely lay out the steps for finding career satisfaction. Finally, we will discuss how to use your LGBT status to your best advantage regardless of your legal career goals.
Speakers: Megan K. Hey, James D. Moore, Andrew Parlen, Barry Parsons, Anthony Varona
The Changing Business of Law and the Value of Networking II
Sponsored by Navigant Consulting
Yerba Buena 2
This panel will provide a follow-up discussion to the issues discussed during Session Three. The discussion will continue to focus on the importance of leveraging broad business knowledge through personal networking. The speakers will build on the observation that often firms have a communication breakdown within different segments of the firm e.g., partners, billing, marketing and firm management, that leads to the loss of potential clients. Further analysis will be given to the communications breakdowns and lack of business knowledge that can all be addressed through networking.
Moderator: Kenneth Sanchez
Speakers: Jon Dobson, Thomas Gaynor, Tom Murray, Jen Olmsted
Stop Stealing My IP
Sponsored by Microsoft
Yerba Buena 3
This workshop will focus on recent changes in patent, trademark, and copyright laws that will affect businesses and private practice. The panel will include those involved with the recent legislative changes to Patent Law (America Invents Act) and major IP cases. Case discussion will include the recent Apple design patent decision against Samsung and latest measures to protect consumer products and movies.
Moderator: David Tsai
Speakers: Q. Todd Dickinson, Tristan Higgins, Greg McCurdy, Julius Towers, Ken Priore, Bobbie Wilson, Alfred Zaher
From Charge Practice to Pattern or Practice: Litigating EEOC Discrimination Claims
Sponsored by Nossaman LLP
Yerba Buena 4
Will discuss how to file and respond to administrative charges, including those alleging transgender discrimination, how to respond from the employer side, and how charges can grow into large scale litigation by the EEOC or private plaintiffs, including plaintiff and defense side views of the same.
Moderator: Laura Maechtlen
Speakers: Erik Emro, Kevin Kraham, Janice Mock, Melissa Romig, Julius Turman
Queering Legal Services: Making Equality Gains Accessible to All
Sponsored by Patton Boggs
Yerba Buena 5
This session will provide an advanced level discussion of serving low-income LGBT clients though direct legal services and pro bono representation. The panelists will discuss how legal services in both urban and rural areas can better serve LGBT clients, providing examples of work being done by Georgia Legal Services Program in rural Georgia and a multi-organization effort in New York City. This session will also cover how LGBT organizations and pro bono attorneys can serve low-income clients through direct services programs, explaining the work of FreeState Legal Project, an LGBT direct services program in Baltimore, Maryland.
Speakers: Lee Carpenter, Virginia Goggin, Currey Hitchens, Aaron Merki, Richard Saenz
Creating Change through the Executive Branch
Sponsored by Pepper Hamilton
Yerba Buena 6
When we think about how to create change we often over-emphasize litigation and the legislative process. Yet civil rights activists have made important strides by pushing for changes through Executive Orders and administrative agency regulations. From President Lincoln’s Emancipation Proclamation to President Obama’s executive orders protecting LGBT rights within the federal system, executive action has often been the first step in moving forward. This panel will explore the scope of presidential and agency power to expand civil rights protections and discuss past, present and current efforts to improve protections for LGBT individuals and families through this process.
Speakers: Pat Cain, Jackie Gardina, Brad Jacklin, Bill Tamayo
Health Care Reform and Transgender People
Sponsored by Ropes & Gray
Nob Hill A
The Affordable Care Act is set to take effect soon. What will be the implications for transgender people from the increased access to health coverage the ACA will provide through Medicaid expansion and the state exchanges? Most of the health insurance plans that will be models for the state exchanges, and most state Medicaid plans, contain explicit exclusions for transition-related care. What will be the impact of recent developments and pending challenges to the denial of transgender health care under federal and state public health plans? Panelists will discuss legal and policy strategies for challenging those exclusions and getting transgender health care covered under health care reform.
Moderator: Ilona Turner
Speakers: Tara Borelli, Danny Kirchoff, Bennett Klein, Elana Redfield, Harper Jean Tobin
Advancing the Intersex (DSD) Movement Through the Courts
Sponsored by Schulte, Roth & Zabel LLP
Nob Hill B
This workshop will provide an overview of the Intersex (Differences in Sexual Development) movement and a discussion of the first public case on behalf of a child with an intersex condition. Litigators responsible for this case will outline their legal strategy and compare the approach adopted in this case to previous LGBT impact litigation. In addition, the panel will discuss ways the legal profession can help advance the rights of people with intersex conditions.
Speakers: Julie Greenberg, Alesdair H. Ittelson, Anne Tamar-Mattis
The Iowa Story and More: Fighting for Fair and Impartial Courts
Nob Hill C
Political attacks pose a threat to courts. In 2010, voters ousted three Iowa Supreme Court justices who participated in the unanimous Varnum v. Brien decision on marriage for same-sex couples under the state’s constitution. The 2012 elections yielded a different result: Justice David Wiggins, the fourth Varnum justice, kept his seat. What changed between 2010 and 2012? Iowa Supreme Court Chief Justice Mark Cady will discuss how the Iowa Supreme Court changed its approach to public outreach after the 2010 retention election. Defending courts against political attacks, increasing diversity on the bench, advocating for adequate court funding, all will be discussed.
Moderator: Praveen Fernandes
Speakers: Chief Justice Mark S. Cady, Eric Lesh, Liz Seaton
A Day in the Life: Managing Partners
Sponsored by Pillsbury Winthrop Shaw Pittman LLP
Nob Hill D
A managing partner is the highest formal job title given to senior law firm partners. Managing partners have extensive and varied responsibilities. Panelists represent managing partners from many of the largest and most respected law firms in the United States. They will discuss their day-to-day work and the many unexpected issues that can arise at any given moment including finances, managing committees, creating and implementing goals and strategies and supervising staff members. These experienced panelists will take attendees through a day in their lives.
Speakers: Lisa Damon, Keith Wetmore, Denise Visconti, Rich Segal, Paul Smith, Joshua Wayser
Concurrent Workshops Session Five
Saturday, August 24 | 1:30pm – 3:00pm
Let’s Talk About It
Sponsored by Prudential Insurance Company of America
Yerba Buena 1
A majority of straight people favor equal rights for the LGBT community, but the majority of those straight people are not being vocal, active allies. LGBT rights and issues are discussed at meetings, conferences, and in ‘official’ settings, but are still not always the water-cooler topics amongst straight people. Straight people who only encounter LGBT issues in a theoretical, detached way, gain valuable perspectives when they talk to and about LGBT colleagues and their rights. This panel consisting of LGBT and Straight people will explore some of the issues, barriers, misunderstandings and insights in candid ‘gay-straight’ communications with an eye towards helping more straight allies find their voices.
Speakers: Dominic Campodonico, Theodore Furman, Lisa Linsky, Kassem Lucas, Lynda Murray-Blair, Rick Schroder
US Securities and International Capital Markets Roundup
Sponsored by Weil, Gotshal & Manges LLP
Yerba Buena 2
Daniel Winterfeldt, London-based Head of US Capital Markets at global firm CMS Cameron McKenna, leads a panel discussing the current regulatory landscape and recent developments affecting international issuers wishing to access the US and international capital markets. The panel also discusses the current state of the international capital markets, particularly in light of the ongoing Eurozone crisis and important legislation such as the Dodd-Frank Act and the JOBS Act.
Speakers: Beverly Luther, Noah Kressler, Daniel Winterfeldt
Hot Topics in Trademarks for 2013
Sponsored by Hewlett-Packard Company
Yerba Buena 3
In this workshop we will cover the year’s hottest topics in trademark law, including the growing importance of trademarks on the Internet, online brand promotion and enforcement, and the future of trademarks on the web. We will discuss social media, innovative enforcement strategies, mobile platforms, and the new gTLD program.
Speakers: Christian Dowell, Christopher George, David Jaquette, Brian J. Winterfeldt
Crossing Borders/Shifting Rights: Securing Legal Parenthood for Children Conceived Via Assisted Reproduction
Sponsored by Shook Hardy & Bacon LLP
Yerba Buena 4
LGBT people using assisted reproductive technology (ART) to conceive children face varying state laws to establish parental rights. How do laws governing parentage and marriage overlap? This session will address ART methods (donor insemination, co-maternity, IVF, surrogacy) and ways attorneys can proactively secure legal parental rights for their clients to avoid conflicts of laws issues that arise in the patchwork of laws both nationally and internationally. Panelists will discuss pre-birth and post-birth parentage orders, second-parent adoptions and martial presumptions of parentage. The panelists are Fellows of the American Academy of Assisted Reproductive Technology Attorneys and each will address establishing parentage from different perspectives as well as the ethical issues that arise.
Moderator: Courtney G. Joslin
Speakers: Tiffany L. Palmer, Kimberly Surratt
Criminalizing LGBT Youth: Causes and Consequences of the School-to-Prison Pipeline for LGBT Kids
Sponsored by Sidley Austin LLP
Yerba Buena 5
Although LGBT youth represent 5-7 percent of the nation’s overall youth population, they comprise 13-15 percent of the youth in the juvenile justice system. This panel, composed of lawyers and advocates working on the front lines of this issue, will explore the reasons for that disproportionate representation, including the particular challenges LGBT youth face in each stage of the school-to-prison pipeline and juvenile justice system, from school environment and discipline, to the juvenile court process, to treatment within juvenile detention centers. The panel will also discuss potential solutions, in terms of policy and legislation changes, litigation, and community interventions.
Moderator: Lori Rifkin
Speakers: Currey Cook, Cathy Sakimura, Shannan Wilber
Advanced Issues in Safe Schools Law and Policy
Sponsored by Simpson Thacher & Bartlett
Yerba Buena 6
Building upon a basic knowledge of anti-bullying law and practice, this workshop will explore advanced legal and policy issues relating to schools and the safety, mental health, and well-being of LGBT young people. Experts will discuss related topics including cyber-bullying and first amendment issues, disparate punishment and criminalization, bullying and suicide, and federal government approaches to create safer schools. Speakers will include attorneys from LGBT national organizations who focus on youth issues and also from the US. Department of Education, Office of Civil Rights.
Speakers: Shawn Gaylord, Alison Gill, Asaf Orr, Robert Salem, Suzanne Taylor
The Future of LGBT Immigration: A Discussion of Immigration Issues in Light of Comprehensive Immigration Reform & Judicial Action on DOMA
Sponsored by Wachtell, Lipton, Rosen & Katz
Nob Hill A
2013 is sure to be momentous for LGBT immigrants. The Supreme Court could overrule DOMA, Congress could pass immigration reform, and the White House is implementing new protections for immigrant detainees. We will recap the coalition building between Immigrant and LGBT Rights advocates that propelled these efforts and comment on what more can be done to build a strong community at the intersection of the two movements. Substantively, we will update participants on relationship recognition, address changes in asylum and family law that impact LGBT immigrants, and cover the continuing challenges of immigration detention, which will be a persistent issue.
Speakers: Mike Jarecki, Shannon Minter, Aaron Morris, Scott Titshaw, Keren Zwick
Strategies for Students, Faculty & Staff Facing Discrimination at Religiously Affiliated Law Schools
Sponsored by BuckleySandler LLP
Nob Hill B
In 2013, the Society of American Law Teachers released a policy paper “Strategies for Students, Faculty, & Staff Facing Discrimination at Religiously Affiliated Law Schools.” This panel will explore the intersection of LGBT rights and religious rights at law schools and discuss whether religious institutions can discriminated based on sexual orientation under AALS & ABA regulations as well as state and federal laws.
Speakers: Jackie Gardina, Julie Nice, Marc Poirier, Ari Waldman
Paths to the Judiciary and Ethical Considerations
Nob Hill C
Five panelists will be included, representative of judges in these categories: appointed; elected and/or subject to re-election; Federal; and one who also is permitted to practice law. The moderator will be the fifth panelist. The focus will be ethical guidelines or standards associated with panelists’ paths to becoming judges or retaining their positions and challenges of being a judge related to being openly LGBT (arising especially out of judicial ethics codes). Members of the International Association of LGBT Judges will be available during and after the session to share with attendees.
Moderator: Judge George Silver
Speakers: Judge J. Gary Cohen, Judge Linda Colfax, Judge Michael Fitzgerald, Judge Phyllis Frye, Judge Linda Giles