ABA Section of Litigation
Inaugural LGBT Forum
May 2–3 Before the Section Annual Conference
Hyatt Regency Embarcadero
San Francisco, CA
Co-Sponsored by the Section of Litigation
LGBT Law and Litigators Committee
Onsite Guide
Tweeting live? Use
#LitigationLGBT
ambar.org/lgbtforum
Section Sponsor
Premium Forum Sponsors
Forum Sponsors
LGBT Forum Co-Sponsors:
Highlights
Views from the Corner Office:
Tips from Managing Partners
and Senior In-House Counsel
Tuesday, May 2, 2017
3:15 pm–4:45 pm
Keith C. Wetmore,
Morrison &
Foerster LLP,
San Francisco, CA
How to Handle a Hostile
Political Environment: Advice
and Tips from Officials on
How Attorneys Can Position
Themselves to Navigate Hostile
Laws Impacting the LGBT
Community
Wednesday, May 3, 2017
8:00 am–9:30 am
Paul Henderson,
Mayor’s Office,
San Francisco, CA
Keynote Luncheon: LGBT
Politics and Justice
Wednesday, May 3, 2017
12:15 pm–1:45 pm
Kelly M. Dermody,
Lieff Cabraser Heimann
& Bernstein LLP,
San Francisco, CA
Hon. Pamela Chen,
U.S. District Court for
the Eastern District of
New York,
Brooklyn, NY
Tina Tchen,
Assistant to President
Obama and Chief of
Staff to First Lady
Michelle Obama
Maurice A. Watson,
Husch Blackwell LLP,
Kansas City, MO
Hilary Ware,
Netflix,
San Francisco, CA
Therese Lee,
Google Inc.,
Mountain View, CA
Governor Howard Dean,
Former Governor of
Vermont,
Burlington, VA
Rep. Brian Sims,
182nd Legislative
District,
Philadelphia County,
Philadelphia, PA
Hon. Therese M. Stewart,
California Court of Appeal
Justice
Schedule
Tuesday, May 2, 2017
11:00 am–5:30 pm
Registration
Seacliff Foyer, Bay Level
2:00 pm–3:00 pm
CLE Breakout: Advice to My Younger Self: Overcoming Historical Bias Against Out Litigators
Seacliff CD, Bay Level
2:00 pm–3:00 pm
CLE Breakout: Religion as Sword or Shield? Tensions over LGBT Rights and Religious Exemption
Claims
Bayview A,
Bay Level
2:00 pm–3:00 pm
CLE Breakout: LGBT Employees 101: A Practical Guide to Creating an Inclusive Workplace
Bayview B, Bay Level
3:00 pm–3:15 pm
Networking Break
Bayview Foyer,
Bay Level
3:15 pm–4:45 pm
CLE Plenary: Views from the Corner Office: Tips from Managing Partners and Senior In-House Counsel
Seacliff AB, Bay Level
5:00 pm–6:30 pm
LGBT Forum Reception
Garden AB,
Atrium Lobby Level
7:00 pm–10:00 pm
LGBT Networking Dine-Arounds
Various Locations
Wednesday, May 3, 2017
7:00 am–6:30 pm
Registration
Grand Ballroom Foyer,
Street Level
7:00 am–8:00 am
Continental Breakfast
Seacliff AB, Bay Level
8:00 am–9:30 am
CLE Plenary: How to Handle a Hostile Political Environment: Advice and Tips from Officials on How
Attorneys Can Position Themselves to Navigate Hostile Laws Impacting the LGBT Community
Seacliff AB,
Bay Level
9:30 am–9:45 am
Networking Break
Bayview Foyer, Bay
Level
9:45 am–10:45 am
CLE Breakout: Post-Obergefell: The New LGBT Cases after Marriage Equality
Seacliff CD, Bay Level
9:45 am–10:45 am
CLE Breakout: How “Free” Is Speech? Hate Speech and the First Amendment in Post-Orlando,
Post-Election America
Bayview A,
Bay Level
9:45 am–10:45 am
CLE Breakout: Moving from Victimization to Support for LGBTQ Youth: Conditions in Foster Care,
Juvenile Justice, and Homeless Service Systems
Bayview B,
Bay Level
10:45 am–11:00 am
Networking Break
Bayview Foyer,
Bay Level
11:00 am–12:00 pm
CLE Breakout: In Transition: The Fast-Evolving Law on Transgender Rights in Governmental Spaces
Seacliff CD, Bay Level
11:00 am–12:00 pm
CLE Breakout: Psychological Flexibility: How to Unhook from the Chatter of Your Mind and Achieve
Values-Based Success
Bayview B,
Bay Level
11:00 am–12:00 pm
CLE Breakout: The Changing and Conflicting State of Parentage—Custody, Adoption and Assisted
Reproductive Technology for the LGBT Community
Bayview A,
Bay Level
12:15 pm–1:45 pm
Keynote Luncheon: A Conversation About LGBT Politics and Justice
Featuring Tina Tchen, Assistant to President Obama and Chief of Staff to First Lady Michelle Obama
and the Hon. Therese M. Stewart, First District Court of Appeal
Grand Ballroom,
Street Level
Programming
May 2, 2017
Advice To My Younger Self: Overcoming Historical Bias Against Out Litigators / 2:00 pm–3:00 pm / Seacliff CD, Bay Level / Elimination of Bias
Have a question you’d like to ask some of the country’s top litigators (who happen to be LGBT) about how they overcame obstacles to get to the top of the legal profession? Many times
LGBT attorneys must overcome bias in the firm and also in the courtroom to rise to the top. Our all-star panel of LGBT lawyers will discuss these obstacles and how we can eliminate them
as well as answer questions that lawyers around the country have submitted by video and from the audience.
Moderator: David J. Tsai, Vinson & Elkins LLP, San Francisco, CA
Speakers: Cristina C. Arguedas, Arguedas Cassman & Headley LLP, Berkeley, CA, James J.S. Holmes, Sedgwick LLP, Los Angeles, CA, D. Jean Veta, Covington & Burling LLP,
Washington, DC
Religion as Sword or Shield? Tensions over LGBT Rights and Religious Exemption Claims / 2:00 pm–3:00 pm / Bayview A, Bay Level
This panel will explore developments in claimed religious exemptions from LGBT-rights law, ranging from opposition to marriage rulings to RFRA claims and beyond. Panelists
will examine whether free exercise claims could be used not just as shields against government intrusion but also as swords used to perpetuate anti-LGBT discrimination.
Moderator: D. Grayson Yeargin, Jones Day, Washington, DC
Speakers: Nancy C. Marcus, Lambda Legal, Los Angeles, CA, Shannon Price Minter, National Center for Lesbian Rights, San Francisco, CA, Peter Renn, Lambda Legal,
Los Angeles, CA, Kyle C. Velte, Texas Tech University School of Law, Lubbock, TX
LGBT Employees 101: A Practical Guide to Creating an Inclusive Workplace / 2:00 pm–3:00 pm / Bayview B, Bay Level / Elimination of Bias
As companies strive to create inclusive workplaces for LGBT employees, this panel will address everything from must-know legal requirements to how to create a safe and
welcoming environment for all employees. Panelists will provide practical advice and discuss recent cases to help you understand employment issues facing the LGBT community.
Moderator: Kelly Matayoshi, Farella Braun + Martel LLP, San Francisco, CA
Speakers: Jeremy J. Guinta, Navigant Consulting, Inc., Los Angeles, CA, Felicia M. Medina, Sanford Heisler LLP, San Francisco, CA, Holly Sutton, Farella Braun + Martel
LLP, San Francisco, CA
Plenary: Views from the Corner Office: Tips from Managing Partners and Senior In-House Counsel / 3:15 pm–4:45 pm / Seacliff AB, Bay Level / Elimination of Bias
Join openly LGBT attorneys who’ve navigated the path to the top of their organizations—both major law firms and in-house legal departments—as they discuss their career
paths, describe how they’ve overcome historic bias against LGBT lawyers, and offer advice for LGBT lawyers. This panel will discuss the types of biases seen in today’s legal
profession and how to combat these biases from the viewpoint of the managing partners and senior in-house counsel.
Moderator: Keith C. Wetmore, Morrison & Foerster LLP, San Francisco, CA
Speakers: Kelly M. Dermody, Lieff Cabraser Heimann & Bernstein LLP, San Francisco, CA, Therese Lee, Google Inc., Mountain View, CA, Larry W. McFarland, Kilpatrick
Townsend & Stockton LLP, San Francisco, CA, Hilary Ware, Netflix, San Francisco, CA, Maurice A. Watson, Husch Blackwell LLP, Kansas City, MO
May 3, 2017
Plenary: How to Handle a Hostile Political Environment: Advice and Tips from Officials on How Attorneys Can Position Themselves to Navigate Hostile Laws
Impacting the LGBT Community / 8:00 am–9:30 am / Seacliff AB, Bay Level
Panelists will discuss how they have overcome hostile political environments. They will share strategies on what has worked and give pointers on how to draft legislation to help
improve the political environment towards the LGBT community.
Moderator: Paul Henderson, Mayor’s Office, San Francisco, CA
Speakers: Hon. Pamela Chen, U.S. District Court for the Eastern District of New York, Brooklyn, NY, Governor Howard Dean, Former Governor of Vermont, Burlington, VA,
Rep. Brian Sims, 182nd Legislative District, Philadelphia County, Philadelphia, PA
Post-Obergefell: The New LGBT Cases After Marriage Equality / 9:45 am–10:45 am / Seacliff CD, Bay Level
Important new cases challenge state anti-Obergefell legislation, barriers to birth certificates, Medicaid exclusions for gender dysphoria treatments, and denial of benefits for samesex spouses. Our distinguished panel answers your questions about the new wave of civil rights lawsuits—class actions and other strategies, the plaintiffs, standing, and remedies.
Moderator: Kate Kendall, National Center for Lesbian Rights, San Francisco, CA
Speakers: R. Bradley (Brad) Sears, UCLA School of Law, Los Angeles, CA, Camilla B. Taylor, Lambda Legal, Chicago, IL, Hon. Vaughn R. Walker (Ret.), Law Office of Vaughn
R. Walker, San Francisco, CA
How “Free” Is Speech? Hate Speech and the First Amendment in Post-Orlando, Post-Election America / 9:45 am–10:45 am / Bayview A
The aftermath of the Orlando shooting brought both support for and explosive condemnation of LGBTQ citizens. With increasing state and local legal support, ongoing DOJ hate crime
enforcement and a new Presidential administration, how do we balance free speech with anti-LGBTQ rhetoric in the wake of Snyder v. Phelps?
Moderator: Paul M. Smith, Jenner & Block LLP, Washington, DC
Speakers: Jennifer A. Dukarski, Butzel Long, Ann Arbor, MI, David Greene, Electronic Frontier Foundation, San Francisco, CA, Pamela S. Karlan, Stanford Law School, Stanford, CA,
Charles D. Tobin, Holland & Knight LLP, Washington, DC
Moving From Victimization to Support for LGBTQ Youth: Conditions in Foster Care, Juvenile Justice and Homeless Service Systems
9:45 am–10:45 am / Bayview B
Rejection, hostility, and violence toward LGBTQ youth contribute to poor life and health outcomes and drive their overrepresentation in foster care, juvenile justice, and homeless
service systems. A distinguished panel of national advocates will highlight dangerous yet fixable conditions in these systems and discuss strategies to ensure LGBTQ youth are safe,
treated equitably, and provided with opportunities to succeed in life.
Moderator: Soul Yattara, Fremont, CA
Speakers: Sara Bartosz, Children’s Rights Inc., New York, NY, Currey Cook, Lambda Legal, New York, NY, Erin Palacios, Bay Area Legal Aid, Oakland, CA
In Transition: The Fast-Evolving Law on Transgender Rights in Governmental Spaces / 11:00 am–12:00 pm / Seacliff CD
Recent years have seen dramatic changes in the way federal, state, and local governments accommodate transgender Americans. While some governmental agencies have changed policies
to better protect the rights of transgender individuals, others have resisted such changes or have erected barriers to the full enjoyment of rights. In this event, practitioners who have litigated
cases involving transgender rights will offer their perspectives on this evolving area of the law. The panelists will first present a mock negotiation that will highlight the common challenges
that practitioners face when they seek transgender accommodations, with particular emphasis on public restrooms. The panelists will then offer their perspectives in a Q&A format about
recent developments in the law.
Moderator: Ghenete Wright Muir, Ghenete Wright Muir Esq., Sunrise, FL
Speakers: Elizabeth Gill, ACLU of Northern California, San Francisco, CA, Shannon Price Minter, National Center for Lesbian Rights, San Francisco, CA, Ilona Turner, Transgender Law
Center, San Francisco, CA, Scott Wilkens, Jenner & Block LLP, Washington, DC
Psychological Flexibility: How to Unhook from the Chatter of Your Mind and Achieve Values-Based Success
11:00 am–12:00 pm / Bayview B / Elimination of Bias
Psychologically flexible lawyers are less likely to engage in harsh self-judgments and implicit bias—behaviors that limit effectiveness. Learn to be psychologically flexible:
Make intentional choices to shift from the “unhelpful chatter” in your mind, broaden your perspective and focus on actions that are aligned with your most important values.
Moderator: Carmelite M. Bertaut, Stone Pigman Walther Wittmann LLC, New Orleans, LA
Speakers: Ricardo A. Gonzalez, Greenberg Traurig LLP, Miami, FL, Deborah J. Israel, Womble Carlyle Sandridge & Rice LLP, Washington, DC, Ellen Ostrow, Lawyers Life
Coach, Washington, DC
The Changing and Conflicting State of Parentage—Custody, Adoption and Assisted Reproductive Technology for the LGBT Community
11:00 am–12:00 pm / Bayview A
This panel will discuss the new trends and law involving adoption, custody, and alternative reproductive technology as it specifically relates to the LGBT community.
Moderator: Leonore F. Carpenter, Temple University, Philadelphia, PA
Speakers: Debra E. Guston, Guston & Guston LLP, Glen Rock, NJ, Cathy Sakimura, National Center for Lesbian Rights, San Francisco, CA, Deborah H. Wald, The Wald
Law Group, San Francisco, CA
Special Thanks to our Forum Co-Chairs & Host Committee
LGBT Forum Co-Chairs
Helen Casale
Hangley Aronchick Segal
Pudlin & Schiller
Zesara C. Chan
Law Office of Zesara C. Chan
J. Dalton Courson
Stone Pigman Walther
Wittmann LLC
Host Committee
Mark Aronchick, Hangley Aronchick
Segal Pudlin & Schiller
Jessica Bogo, Pillsbury Winthrop
Shaw Pittman LLP, Bay Area Lawyers
for Individual Freedom (BALIF)
Laura Brill, Kendall Brill Kelly
Elizabeth Cabraser, Leiff Cabraser
Heimann & Berstein
Peter C. Catalanotti, Bay Area
Lawyers for Individual Freedom
(BALIF), Bar Association of San
Francisco
Nanci L. Clarence, Clarence Dyer &
Cohen LLP
Kelly Dermody, Leiff Cabraser
Heimann & Berstein
John C. Dwyer, Cooley LLP
Hon. Abbe Fletman, Court of Common
Pleas of Philadelphia County, PA
Debra E. Guston, Guston &
Guston LLP
Paul Henderson, Office of the Hon.
Edwin Lee, Mayor of San Francisco
John T. Hendricks, Hendricks
Murray
James J.S. Holmes, Sedgwick
Courtney Joslin, UC Davis School
of Law
Kate Kendall, National Center for
Lesbian Rights (NCLR)
Lisette (Mimi) McCormick,
Interbranch Commission on Racial
Gender and Ethnic Fairness
Russell S. Roeca,
Roeca Haas Hager LLP
Paul Smith, Jenner & Block LLP
David Tsai, Vinson & Elkins LLP
Ilona Turner, Transgender Law Center
D. Jean Veta, Covington & Burling LLP
Hon.Vaughn R. Walker, FedArb
Hilary Ware, Netflix
Keith C. Wetmore, Morrison &
Foerster LLP
Deborah Willig, Willig Williams and
Davidson
MCLE Credit: The ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM,
NV, NY, NC, ND, OH, OK, OR, PA, PR, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs.This course is
expected to qualify for 6.0 CLE credit hours (including 3.5 hours of elimination of bias credit) in 60-minute states and 7.2 CLE credit hours (including 4.2 hours of elimination of bias credit)
in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. Attorneys may be eligible to receive CLE credit through reciprocity or
attorney self-submission in other states. For more information about CLE accreditation in your state, visit http://www.americanbar.org/cle/mandatory_cle/mcle_states.html