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IBA: Twentieth Bench Bar Conference Features In-House Counsel Track

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While litigators and judges have long sung the praises of the IndyBar’s annual Bench Bar conference, opportunities for transactional attorneys have historically been more limited at the event. It’s appropriate, then, that the 20th Anniversary of the Bench Bar Conference is being celebrated by welcoming even more Indy practitioners to the table with the addition of programming designed especially for in-house counsel.

The 2013 Bench Bar Conference, to be held June 13-15, at the Mariott Downtown in Louisville, Ky., offers a total of 18 different CLE sessions, with five of those sessions included in the new In-House Counsel Track developed by the 2013 Bench Bar Conference Committee. The committee is chaired by the Hon. Robert Altice and Annie Christ-Garcia of Marion Superior Court.

“The IndyBar recognized what seemed to be an underserved segment of the bar and dedicated itself to providing programming that was not just oriented to attorneys that practice in law firms, but programing geared for attorneys that practice the widest of spectrums, ‘in-house’ for clients whose needs are as varied as the law itself,” says Andy Klineman, Senior Legal Counsel at the Buckingham Companies and member of the Bench Bar Conference Committee. “But what is more, the programming, while substantive and contemporary, is really the impetus for getting away from the daily routine and provides an outlet to share ideas with others who have the same professional perspective.”

Well suited for both in-house and transactional attorneys within firms, the In-House Counsel Track covers a wide variety of topics and represents some of the most innovative programming during this year’s conference. See below for a sneak peek of the track programs and register online for the conference at www.indybenchbar.org.

“Under Attack!” Handling Physical and Cyber Threats in the Workplace

Speakers: Lynn M. Gagel, Associate General Counsel, Roche Diagnostics; John Trimble, Partner, Lewis Wagner LLP (Moderator); Sam Laurin, Partner, Bose McKinney & Evans; Peter Beering, Beering Enterprises, Inc.; Anne Cowgur, Partner, Taft Stettinius & Hollister; and Former Marion Superior Court Judge Ruth Reichard

Join us to learn what all attorneys, whether in private practice, government, judiciary or in-house, should know about how to respond swiftly to the imminent threat of workplace violence or cyber sabotage by disgruntled or mentally ill customers, clients, employees, or other members of the public.

Learn how to assess the level and urgency of the threat, obtain protective or restraining orders, create internal procedures for emergency events, how to combat against Internet-based attacks or misinformation, and how to advise clients on key security issues. Our panel of experts will also discuss the legal liabilities faced by businesses to their employees, guests, and customers for injuries caused by attackers.

Indiana Employment Law Esoterica: Ten Things (and more) Every Indiana Employer Needs to Know, But Probably Doesn’tiba sponsors

Speaker:Paul Sinclair, Partner, Ice Miller LLP

Do Indiana employers have to allow female employees to breastfeed at work? Do Indiana employers have to allow employees to bring guns to work? Can Indiana employers require their employees to quit smoking as a condition of employment? Get answers to these and many more important questions as we explore Indiana Employment Law Esoterica: 10 Things (and more) Every Indiana Employer Needs to Know, But Probably Doesn’t.

The Clownfish and the Sea Anemone: The Keys to a Symbiotic Relationship

Panel: Andy Klineman, General Counsel, The Buckingham Companies; Kris Altice, General Counsel, Shiel Sexton Co., Inc.; 2 other GCs/in-house; Drew Miroff, Partner, Ice Miller LLP, Moderator

The panel of in-house counsel will discuss the various ways that outside counsel can and do add value to their clients, as well as essentials to an effective outside counsel relationship.

Is This a Privileged Communication?

Speaker: Doug Richmond, Esq., Managing Partner, AON Risk Services Professional Services Group, Chicago, Ill.

Attend this interactive session as we explore the fundamentals and nuances of the attorney/client privilege and its application in the corporate counsel setting, including issues such as who is the client(s), what communications are privileged (or not!), who holds and may waive the privilege, how to ensure your intended communications are afforded the most protection as possible and many other issues.•

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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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