Mr. Barkett is a partner at the law firm of Shook, Hardy & Bacon L.L.P. in its Miami office. He is a graduate of the University of Notre Dame (B.A. Government, 1972, summa cum laude) and the Yale Law School (J.D. 1975) and served as a law clerk to the Honorable David W. Dyer on the old Fifth Circuit Court of Appeals. Mr. Barkett is an adjunct professor of law at the University of Miami School of Law. Mr. Barkett was a member of the Advisory Committee for Civil Rules of the Federal Judicial Conference from 2012-2018, and served on the Discovery Subcommittee that developed the December 1, 2015, amendments to the rules, the Rule 23 Subcommittee that developed the 2018 amendments to Rule 23, and the Rule 30(b)(6) and MDL subcommittees.
Mr. Barkett served as a member of the American Bar Association Standing Committee on Ethics and Professional Responsibility from 2016-2019 and 2014-2015. He is also a member of the American Law Institute. He is a fellow of the College of Commercial Arbitrators (CCA), the American College of Civil Trial Mediators, and the American College of Environmental Lawyers. He is also a member of the Board of Directors, and a former member of the Executive Committee, of the CCA. In 2019, Mr. Barkett was awarded a Lifetime Achievement Award by the Miami Daily Business Review. Mr. Barkett is also Board Certified in International Litigation and Arbitration by the Florida Bar.
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Mr. Barkett is a commercial (contract, corporate and banking disputes, as well as employment, trademark, and antitrust) and environmental lawyer (CERCLA, RCRA, and toxic tort) having handled scores of complex and simple litigation matters in Federal and state courts or before an arbitration tribunal. In 2022-2023, he was recognized by Lawdragon as one of the 500 Leading Litigators in America.
Mr. Barkett is also a problem solver, serving as an arbitrator, mediator, facilitator, or allocator in a variety of commercial, environmental, and reinsurance contexts. He is a certified mediator under the rules of the Supreme Court of Florida and the Southern and Middle Districts of Florida and a member of the London Court of International Arbitration and the International Council for Commercial Arbitration, and serves on the AAA and ICDR roster of neutrals, and the CPR Institute for Dispute Resolution’s “Panel of Distinguished Neutrals.” He has served or is serving as a neutral in scores of matters involving in the aggregate more than $4 billion. He has conducted or is conducting commercial domestic and international arbitrations under AAA, LCIA, ICDR, ICC, UNCITRAL, and CPR rules and has conducted ad hoc arbitrations.
In November 2003, Mr. Barkett was appointed by the presiding judge to serve as the Special Master to oversee the implementation and enforcement of the 1992 Consent Decree between the United States and the State of Florida relating to the multi-billion dollar restoration of the Florida Everglades. He has also served as a Special Master for judges on the Southern District of Florida or the Miami-Dade County Circuit Court to address a wide variety of discovery and eDiscovery issues in complex litigation.
Mr. Barkett chaired the Miami International Arbitration Society (MIAS) “Task Force on Issues Related to Expedited Arbitration in connection with the UNCITRAL Rules” that were adopted by UNCITRAL Working Group II and later by the Commission. He wrote the Report of the Task Force that was submitted to UNCITRAL for consideration by Working Group II and drafted a proposed Appendix on Expedited Procedures under the UNCITRAL Rules for consideration by Working II at its 70th Session in Vienna, Austria in September 2019 and updated reports commenting on proposed Expedited Procedure rules for consideration by the Working Group at its 71st Session in New York, NY in February 2020, its 72nd Session in Vienna, Austria in September 2020 and its 73rd Session in New York in April 2021.
Mr. Barkett is a recipient of the Burton Award for Legal Achievement which honors lawyers for distinguished legal writing. Mr. Barkett has published two books, E-Discovery: Twenty Questions and Answers (Chicago: First Chair Press, 2008) and The Ethics of E-Discovery (Chicago: First Chair Press, 2009). Mr. Barkett has also prepared analyses of the Roberts Court the past 17 years, in addition to a number of other articles on a variety of topics.
Mr. Barkett is also the author of Ethical Issues in Environmental Dispute Resolution, a chapter in the ABA publication, Environmental Dispute Resolution, An Anthology of Practical Experience (July 2002) and the editor and one of the authors of the ABA Section of Litigation’s Monograph, Ex Parte Contacts with Former Employees (Environmental Litigation Committee, October 2002).
Mr. Barkett is a former member of the Council of the ABA Section of Litigation. At the University of Miami Law School, Mr. Barkett teaches “E-Discovery,” and in the past has taught a course entitled, “Environmental Litigation.”
Mr. Barkett has been recognized in the areas of alternative dispute resolution or environmental law in a number of lawyer-recognition publications, including Chambers USA America’s Leading Lawyers; Who’s Who Legal, (an international directory); and Best Lawyers in America (a peer-reviewed directory) including Lawyer of the Year. The National Law Journal and Florida Super Lawyers have also recognized John and Florida Trend named him among the Legal Elite.”
Publications
The Roberts Court 2023-24: Chevron Deference, Presidential Juris-Politics, and Abortion Redux, ABA Annual Meeting, Chicago, Aug. 3, 2024.
The Lawyer as Witness: An Ethics Test, ABA Joint CLE Program, Avon, CO, January 2024; International Data Law Forum, The Hague, July 2024.
The Ethics of Lawyers in Need of Assistance, ABA Webinar, December 13, 2023.
The Roberts Court 2022-23: College Admissions, Student Loans, Voting Rights, and the Elections Clause, ABA Annual Meeting, Denver, August 2023.
Refresher Civil Procedure: Cost-Shifting Under the Federal Rules, ABA E-Discovery National Institute, May 4, 2023.
The Attorney-Client Privilege: An Ethics Test, ABA Section of Litigation Annual Conference, April 21, 2023.
Getting International Arbitration Ready For AI, Law360, March 28, 2023.
The Roberts Court 2021-2022: Dobbs and the Continuing Intersection of Law and Medicine, Journal of Legal Medicine, December 2022.
Third-Party Evidence in Arbitration: A Fix for a Flaw in the FAA, ACOEL Blog Post, Sept. 26, 2002.
The “Roberts” Court 2021-22: Arbitration, Guns, and Separation of Powers , ABA Annual Meeting, Chicago, August 6, 2022.
Legal Ethics in a Remote Work Environment, Georgetown Law School, November 2021 (Updated for the ABA National Institute on Cross-Border Discovery, July 22, 2022, Amsterdam).
Witness Ethics in a Virtual World, ABA Section of Litigation Joint CLE Program, January 2022 (Updated for the ABA Aviation Institute, June, 2022).
Refresher Ethics: Fabrication, Concealment, and Production Misfeasance, ABA National Institute on E-Discovery, April 2022.
Rulemaking Nightmares, ACOEL Blog Post, October 6, 2021.
The Roberts Court 2020-2021: ACB for RBG, New Alliances, New Challenges for JGR, ABA Annual Meeting, August 2021.
Ethical Issues in Cross-Border Internal Investigations, ABA National Institute on Cross-Border Discovery, July 23, 2021.
The Ethics of Lawyers in Need of Assistance, Updated paper, ABA Section of Litigation Annual Conference, Houston, 2021.
Superfund Year in Review, ABA Section of Environment, Energy, and Resources, co-author, January 2021.
A Florida Focus on Key Practice Issue Mediator Evaluation That Preserves Self-Determination and Impartiality, 39 Alternatives 43, March 2021.
A Mediator’s Dilemma: Evaluating Without Compromising Self-Determination or Impartiality, 39 Alternatives 25, February 2021.
The Roberts Court 2019-20: Distancing from the Kennedy Era, the Roberts Era Has Begun, ABA Annual Meeting, August 2020.
CERCLA Allocation: Discretion Rules Yet Again, ABA Section of Litigation Environmental Committee Newsletter, Winter 2020.
Securing Law Firm Data: When the Advice Givers Need Advice, ABA Section of Litigation CLE Program, Aspen, Colo. January 2020.
Superfund: 20+20 = 40, Blog Posting, American College of Environmental Lawyers, January 2020.
Superfund Year in Review, ABA Section of Environment, Energy, and Resources, co-author, January 2020.
The Roberts Court 2018-19: Avoiding the Limelight After the Kavanaugh-Kennedy Trade, ABA Webinar, August 5, 2019.
Securing Law Firm Data: When the Advice Givers Need Advice, ABA Cross Border Discovery National Institute, Berlin, July 2019.
The Ethics of Lawyers Needing Assistance, presented at the ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York City, May 1-3, 2019.
Attorney-Client Privilege, 45 Litigation Journal 34, Winter 2019.
Superfund Year in Review, (ABA Section of Environment, Energy, and Resources, co-author, January 2019.
Trinity Industries v. Greenlease: Allocation Roulette Under CERCLA? 76 Chem. Waste. Lit. Reporter 11, November 2018.
The 2018 Amendments to the Federal Class Action Rule, ABA Section of Litigation Annual Conference, San Diego, May 3, 2018; ABA National Institute on Class Actions, Chicago, October 2018.
The Roberts Court 2017-18: A Return to the Norm Before Wading Into a New Era, ABA Webinar, August 2018.
Arbitration and the Unauthorized Practice of Law, 36 Alternatives 83, June 2018.
Practice Focus: The Duty of Candor, Inadvertent Production of Documents, and Your Arbitration Work, 36 Alternatives 51, April 2018.
Superfund Year in Review, ABA Section of Environment, Energy, and Resources, co-author, January 2018.
The Roberts Court 2016-17: A Quiet Term, or the Calm Before the Storm? ABA Webinar, August 16, 2017.
College of Commercial Arbitrators: Guide to Best Practices in Commercial Arbitration (4th Ed.) co-author, Chapter 8 – “Discovery” and Chapter 9 – “Summoning Nonparty Witnesses”, Juris Net, LLC 2017.
Refresher Ethics: Cross Border Issues, ABA National Institute on Cross Border Discovery, Munich, Germany, July 26, 2017.
The Future of the Attorney Client Privilege and Work Product Protection, ABA National Institute on Cross Border Discovery, Munich, Germany, July 26, 2017.
Arbitration Ethics: A Sampler, Shook, Hardy & Bacon Update on the Law, Kansas City, MO, June 22, 2017, updated from a paper presented at the CPR Annual Meeting, Miami, March 3, 2017.
Work Product Protect for Draft Expert Reports and Attorney-Expert Communications, Environmental & Energy Litigation Committee, Section of Litigation, May 30, 2017.
Lawyer Ethics: E-Communications, Social Media, and the Internet, ABA Eleventh Annual National Institute on E-Discovery, Chicago, May 11, 2017.
Arbitration Ethics: The Duty of Candor, the Unauthorized Practice of Law, and Inadvertent Production of Privileged or Protected Documents, CPR Annual Meeting, Miami, March 3, 2017.
Superfund Year in Review, ABA Section of Environment, Energy, and Resources), co-author, January 2017.
The 2015 Civil Rules Amendments: One Year Later, ABA Center for Professional Responsibility Webinar, December 15, 2016.
Do Arbitrators Have Sanctions Authority in Domestic Arbitrations?, Daily Business Review, November 17, 2016.
Refresher Civil Procedure: Cost-Shifting Under the Federal Rules, Georgetown Advanced E-Discovery Institute, Washington D.C., November 10, 2016.
Class Action Reform, 31 N.R.E. 54, Fall 2016.
The Roberts Court 2015-16: An Untimely Death and Its Impacts, ABA Annual Meeting, San Francisco, August 5, 2016.
Antonin Scalia: A Retrospective, Shook, Hardy & Bacon Update on the Law, Kansas City, MO, June 23, 2016.
The First 100 Days (or so) of the 2015 Civil Rules Amendments, Bloomberg BNA Digital Discovery and e-Evidence, 16 DDEE 178, April 14, 2016.
The First 100 Days (or so) of the 2015 Civil Rules Amendments, Bloomberg BNA Digital Discovery & Evidence Report, April 14, 2016.
Cheap Talk? Witness Payments and Conferring with Testifying Witnesses, ABA Webinar, October 2015.
Ethics in ADR: A Sampling of Issues, ABA Webinar, September 30, 2015.
The Roberts Court 2014-15: Individual Rights, Voting Rights, Fair Housing, and the Importance of (Con)Text, ABA Annual Meeting, Chicago, July 31, 2015.
Securing Law Firm Data: When the Advice Givers Need Advice, ABA National Institute on E-Discovery, May 15, 2015, New York.
Arbitration: Hot Questions, Cool Answers, ABA Section of Litigation Annual Conference, New Orleans, April 2015.
Work Product Protection for Draft Expert Reports and Attorney-Expert Communications, ABA Section of Litigation Annual Conference, New Orleans, April 2015.
Cheap Talk? Witness Payments and Conferring with Testify Witnesses, ABA Webinar, October 2014.
Ethics in ADR: A Sampling of Issues, ABA Webinar, September 2014.
The Roberts Court 2013-14: First Amendment, Equal Protection, Privacy, and More (or Less) Unanimity, ABA Annual Meeting, Boston, August 7, 2014.
Chess Anyone? Selection of International Commercial Arbitration Tribunals, Miami-Dade County Bench and Bar Conference, February 8, 2013 (updated for Shook, Hardy & Bacon Annual Update on the Law, June 25, 2014).
Perspectives on the New York Convention Under the Laws of the United States, International Council For Commercial Arbitration 22nd Biennial Congress, Miami, FL, April 8, 2014 (co-authored with F. Cruz-Alvarez; M. Paulsson, and S. Pagliery).
New Rule 45, 28 N.R.E. 50, Spring 2014.
Refresher Ethics: Steering Clear of Witness Minefields, Professional Education Broadcast Network Webinar, May 16, 2014 (with Bruce Green, Paul Mark Sandler).
The Roberts Court 2012-13, DOMA, Voting Rights, Affirmative Action, More Consensus, More Dissent, ABA Annual Meeting, San Francisco, August 10, 2013.
Ethical Challenges on the Horizon: Confidentiality, Competence and Cloud Computing, ABA-CLE, July 24, 2012 (updated, ABA Section of Litigation Annual Conference, Chicago, April 25, 2013)
Work Product Protection for Draft Expert Reports and Attorney-Expert Communications, ABA Section of Litigation Annual Conference, Chicago, April 26, 2013.
Lawyer-Client Fallout: Using Privileged Information To Establish A Claim Against a Client/Employer, ABA Section of Litigation Annual Conference, Chicago, April 25, 2013.
More on the Ethics of E-Discovery: Predictive Coding and Other Forms of Computer-Assisted Review, Duke Law School, Washington D.C., April 19, 2013.
Evidence Rule 502: The Solution to the Privilege-Protection Puzzle in the Digital Era, 81 Fordham L. Rev. 1589, March 2013.
Neighborly RCRA Claims, 27 N.R.E. 48, Spring 2013.
The Roberts Court 2011-12: The Affordable Care Act and More, ABA Annual Meeting, Chicago, August 3, 2012.
Un-taxing E-Discovery Costs: Section 1920(4) After Race Tire Amer. Inc. and Taniguchi, June 29, 2012.
ABA to Tackle Technology Issues in Model Rules at August Meeting, Law Technology News, June 25, 2012.
E-Communications: Problems Posed by Privilege, Privacy, and Production, ABA National Institute on E-Discovery, New York, NY, May 18, 2012.
The 7th Circuit Pilot Project: What We Might Learn And Why It Matters to Every Litigant in America, ABA Section of Litigation News Online, December 11, 2011.
Skinner, Matrixx, Souter, and Posner: Iqbal and Twombly Revisited, 12 The Sedona Conference Journal 69, 2011 (Mr. Barkett received the Burton Award for Legal Achievement for this paper).
The Challenge of Electronic Communication, Privilege, Privacy, and Other Myths, 38 Litigation Journal 17, ABA Section of Litigation, Fall 2011.
Avoiding the Cost of International Commercial Arbitration: Is Mediation the Solution? in Contemporary Issues in International Arbitration and Mediation – The Fordham Papers, Martinus Nijhoff, New York City, NY, 2011.
The Roberts Court 2010-11: Three Women Justices!, ABA Annual Meeting, Toronto, August 2011.
The Ethics of Web 2.0, ACEDS Conference, Hollywood, FL March 2011.
The Roberts Court: Year Four, Welcome Justice Sotomayor, ABA Annual Meeting, San Francisco, August 2010.
The Myth of Culture Clash in International Commercial Arbitration, 5 Florida International University Law Review 1, June 2010 (with Jan Paulsson).
Walking the Plank, Looking Over Your Shoulder, Fearing Sharks Are in the Water: E-Discovery in Federal Litigation?, Duke 2010 Conference, Civil Rules Advisory Committee, May 11, 2010.
Zubulake Revisited: Pension Committee and the Duty to Preserve, February 26, 2010.
Draft Reports and Attorney-Expert Communications, 24 N.R.E., Winter 2010.
From Canons to Cannon in A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics, American Bar Association, Chicago, 2009.
The Robert’s Court: Three’s a Charm, ABA Annual Meeting, Chicago, August 2009.
Cheap Talk? Witness Payments and Conferring with Testify Witnesses, ABA Annual Meeting, Chicago, 2009.
Burlington Northern: The Super Quake and Its Aftershocks, 58 Chemical Waste Litig. Rep. 5, June 2009.
Fool’s Gold: The Mining of Metadata, ABA’s Third Annual National Institute on E-Discovery, Chicago, May 22, 2009.
More on the Ethics of E-Discovery, ABA’s Third Annual National Institute on E-Discovery, Chicago, May 22, 2009.
Production of Electronically Stored Information in Arbitration: Sufficiency of the IBA Rules in Electronic Disclosure in International Arbitration, JurisNet LLC, New York, September 2008.
The Robert’s Court: The Terrible Two’s or Childhood Bliss?, ABA Annual Meeting, New York, August 2008.
Orphan Shares, 23 NRE 46, Summer 2008.
Tipping The Scales of Justice: The Rise of ADR, 22 NRE 40, Spring 2008.
Tattletales or Crimestoppers: Disclosure Ethics Under Model Rules 1.6 and 1.13, ABA Annual Meeting, Atlanta, August 7, 2004, (updated version, ABA Tort and Insurance Practice Section Spring CLE Meeting, Phoenix, April 11, 2008).
E-Discovery For Arbitrators, 1 Dispute Resolution International Journal 129, International Bar Association, Dec. 2007.
The Roberts Court: Where It’s Been and Where It’s Going, ABA Annual Meeting, San Francisco, August 2007.
Help Has Arrived…Sort Of: The New E-Discovery Rules, ABA Section of Litigation Annual Meeting, San Antonio, 2007.
Refresher Ethics: Conflicts of Interest, ABA Section of Litigation Joint Environmental, Products Liability, and Mass Torts CLE program, January 2007.
Help Is On The Way…Sort of: How the Civil Rules Advisory Committee Hopes to Fill the E-Discovery Void, ABA Section of Litigation Annual Meeting, Los Angeles, 2006.
The Battle for Bytes: New Rule 26, e-Discovery, Section of Litigation, February 2006.
Forward to the Past: The Aftermath of Aviall, 20 N.R.E. 27, Winter 2006.
The Prelitigation Duty to Preserve: Lookout! ABA Annual Meeting, Chicago, 2005.
The MJP Maze: Avoiding the Unauthorized Practice of Law, ABA Section of Litigation Annual Conference, 2005.
Bytes, Bits and Bucks: Cost-Shifting and Sanctions in E-Discovery, ABA Section of Litigation Annual Meeting and 71 Def. Couns. J. 334, 2004.
The CERCLA Limitations Puzzle, 19 N.R.E. 70, Fall, 2004.
If Terror Reigns, Will Torts Follow?, 9 Widener Law Symposium 485, 2003.
Presentations
Supreme Court Update, Government Investigations & Civil Litigation Institute (GICLI) Conference, November 19, 2024.
No Bones About It - The Roberts Court 2023-2024: Chevron Deference, Abortion, and Presidential Juris Politics, ACC South Florida CLE, September 12, 2024.
The U.S. Supreme Court Term 2023-2024: A Review of Recent Decisions and Preview of the Upcoming 2024-2025 Term, Shook, Hardy & Bacon Webinar, September 10, 2024.
The Lawyer as Witness: An Ethics Test, Update of the Law CLE webinar, June 6, 2024.
Plenary: An Ethics Conundrum: The Lawyer-Witness, 2024 Environmental & Energy, Mass Torts, and Products Liability Litigation Committees' Joint Regional CLE Program, January 31, 2024.
The U.S. Supreme Court Term 2022-2023: A Review of Recent Decision and Preview of the Upcoming 2023-2024 Term, CLE Webinar, Shook, Hardy & Bacon, September 19, 2023 (with Bill Martucci).
Ethics CLE | The Attorney Client Privilege: An Ethics Test, Update of the Law CLE webinar, June 8, 2023.
Legal Ethics in a Hybrid Work Environment, American Bar Association Joint Regional CLE,February 2, 2023.
What Every Lawyer Can Learn From Alex Jones Phone Fiasco: Ethical and E-Discovery Lessons, Georgetown Law CLE Webinar, October 25, 2022.
The U.S. Supreme Court Term 2021 - 2022: A Review of Recent Decisions and Preview of the Upcoming 2022 - 2023 Term, Shook, Hardy & Bacon, September 7, 2022 (with Bill Martucci).
Legal Ethics in a Remote Work Environment, Update of the Law CLE webinar, June 2, 2022.
Avoiding Ethical Risks in a Hybrid Work Environment, ABA Litigation Section Annual Conference, May 5, 2022.
The U.S. Supreme Court Term 2020-2021: A Review of Recent Decisions and Preview of the Upcoming 2021-2022 Term, CLE Webinar, Shook, Hardy & Bacon, September 2, 2021 (with Bill Martucci).
The U.S. Supreme Court Term 2019-2020: A Review of Recent Decisions and Preview of the Upcoming 2020-2021 Term, CLE Webinar, Shook, Hardy & Bacon, September 2, 2020 (with Bill Martucci).
The U.S. Supreme Court Term 2019: A Review of Recent Decisions and Preview of the Upcoming 2019-2020 Term, Webinar, Shook, Hardy & Bacon, September 6, 2019 (with Ruth Anne French-Hodson and Bill Martucci).
The Roberts Court 2018-19: Avoiding the Limelight Following the Kavanaugh-Kennedy Trade, Webinar, ABA, August 8, 2019.
Look Both Ways Before You Cross: When Civil Procedure and Ethics Intersect, Update of the Law, Kansas City, Missouri, June 13, 2019.
The Allocators Speak on Allocation and Mediation, ABA Master Class on Complex Environmental Liability Resolution, Atlanta, Georgia, June 12, 2019.
Implications of Sharing the Attorney-Client Privilege: When and How It Should Be Done, Moderator, and Balancing a Lawyer's Cry For Help From Dependency or Depression with Ethical Obligations of Competence and Reporting, Panelist, ABA Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York City, May 3, 2019.
Superfund Year-In-Review, Webinar, ABA Section of Environment, Energy and Resources, March 11, 2019.
Inside the Black Box: Search, Artificial Intelligence, and Ethics, ABA National Institute on E-Discovery, Chicago, Illinois, May 18, 2018.
Hot Topics that Every Young Litigator Should Know about the Attorney-Client Privilege and Work Product Doctrine, Webinar, ABA Section of Litigation, April 4, 2018.
The Roberts Court 2016-17: A Quiet Term, or the Calm Before the Storm?, Webinar, ABA, August 16, 2017.
Refresher Ethics: Cross Border Issues, ABA National Institute on Cross Border Discovery, Munich, Germany, July 26, 2017.
The Future of the Attorney Client Privilege and Work Product Protection, ABA National Institute on Cross Border Discovery, Munich, Germany, July 26, 2017 updated from ABA Litigation Section Annual Conference, San Francisco, May 5, 2017.
Lawyer Ethics: E-Communications, Social Media, and the Internet, ABA Eleventh Annual National Institute on E-Discovery, Chicago, IL, May 11, 2017 updated from DePaul University Law School, Clifford Law Offices Ethics webinar live-streamed to more than 4,000 registrants, Feb. 16, 2017.
Arbitration Ethics: The Duty of Candor, the Unauthorized Practice of Law, and Inadvertent Production of Privileged or Protected Documents, CPR Annual Meeting, Miami, FL, March 3, 2017.
The 2015 Civil Rules Amendments: One Year Later, Webinar, ABA Center for Professional Responsibility, December 15, 2016.
Refresher Civil Procedure: Cost-Shifting Under the Federal Rules, Georgetown Advanced E-Discovery Institute, Washington, D.C., November 10, 2016.
The Roberts Court 2015-16: An Untimely Death and Its Impacts, ABA Annual Meeting, San Francisco, CA, August 5, 2016.
Cheap Talk? Witness Payments and Conferring with Testifying Witnesses, Webinar, ABA, October 2015.
Ethics in ADR: A Sampling of Issues, Webinar, ABA, September 30, 2015.
The Roberts Court 2014-15: Individual Rights, Voting Rights, Fair Housing, and the Importance of (Con)Text, ABA Annual Meeting, Chicago, IL, July 31, 2015.
Securing Law Firm Data: When the Advice Givers Need Advice, ABA National Institute on E-Discovery, New York City, NY, May 15, 2015.
Arbitration: Hot Questions, Cool Answers, ABA Section of Litigation Annual Conference, New Orleans, LA, April 2015.
Work Product Protection for Draft Expert Reports and Attorney-Expert Communications, ABA Section of Litigation Annual Conference, New Orleans, LA, April 2015.
Cheap Talk? Witness Payments and Conferring with Testify Witnesses, Webinar, ABA, October 2014, updating a presentation first made at the ABA Annual Meeting, Chicago, IL, 2009.
Ethics in ADR: A Sampling of Issues, Webinar, ABA, September 2014 updating an October 31, 2013 webinar for the Professional Education Broadcast Network.
The Roberts Court 2013-14: First Amendment, Equal Protection, Privacy, and More (or Less) Unanimity, ABA Annual Meeting, Boston, MA, August 7, 2014.
Chess Anyone? Selection of International Commercial Arbitration Tribunals, Miami-Dade County Bench and Bar Conference, February 8, 2013 updated for Shook, Hardy & Bacon Annual Update on the Law, June 25, 2014, Kansas City.
Refresher Ethics: Steering Clear of Witness Minefields, Webinar, Professional Education Broadcast Network, May 16, 2014 (with Green, Bruce; Sandler, Paul Mark).
The Roberts Court 2012-13, DOMA, Voting Rights, Affirmative Action, More Consensus, More Dissent, ABA Annual Meeting, San Francisco, CA, August 10, 2013.
Ethical Challenges on the Horizon: Confidentiality, Competence and Cloud Computing, ABA-CLE, July 24, 2012; updated, ABA Section of Litigation Annual Conference, Chicago, IL, April 25, 2013.
Work Product Protection for Draft Expert Reports and Attorney-Expert Communications (forthcoming), ABA Section of Litigation Annual Conference, Chicago, IL, April 26, 2013.
Lawyer-Client Fallout: Using Privileged Information To Establish A Claim Against a Client/Employer (forthcoming), ABA Section of Litigation Annual Conference, Chicago, IL, April 25, 2013.
More on the Ethics of E-Discovery: Predictive Coding and Other Forms of Computer-Assisted Review, Duke Law School, Washington, D.C., April 19, 2013.
The Roberts Court 2011-12: The Affordable Care Act and More, ABA Annual Meeting, Chicago, IL, August 3, 2012.
E-Communications: Problems Posed by Privilege, Privacy, and Production, ABA National Institute on E-Discovery, New York City, NY, May 18, 2012.
The Roberts Court 2010-11: Three Women Justices!, ABA Annual Meeting, Toronto, Canada, August 2011.
The Ethics of Web 2.0, ACEDS Conference, Hollywood, FL, March 2011.
The Roberts Court: Year Four, Welcome Justice Sotomayor, ABA Annual Meeting, San Francisco, CA, August 2010.
Walking the Plank, Looking Over Your Shoulder, Fearing Sharks Are in the Water: E-Discovery in Federal Litigation?, Duke 2010 Conference, Civil Rules Advisory Committee, May 11, 2010.
From Canons to Cannon in A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics, American Bar Association, Chicago, IL, 2009.
The Robert’s Court: Three’s a Charm, ABA Annual Meeting, Chicago, IL, August 2009.
Cheap Talk? Witness Payments and Conferring with Testify Witnesses, ABA Annual Meeting, Chicago, IL, 2009.
Fool’s Gold: The Mining of Metadata, ABA’s Third Annual National Institute on E-Discovery, Chicago, IL, May 22, 2009.
More on the Ethics of E-Discovery, ABA’s Third Annual National Institute on E-Discovery, Chicago, IL, May 22, 2009.
Production of Electronically Stored Information in Arbitration: Sufficiency of the IBA Rules, in Electronic Disclosure in International Arbitration, JurisNet LLC, New York City, NY, September 2008.
The Robert’s Court: The Terrible Two’s or Childhood Bliss?, ABA Annual Meeting, New York City, NY, August 2008.
Tattletales or Crimestoppers: Disclosure Ethics Under Model Rules 1.6 and 1.13, ABA Annual Meeting, Atlanta, GA, August 7, 2004, and, in an updated version, ABA Tort and Insurance Practice Section Spring CLE Meeting, Phoenix, AZ, April 11, 2008.
The Roberts Court: Where It’s Been and Where It’s Going, ABA Annual Meeting, San Francisco, CA, August 2007.
Help Has Arrived…Sort Of: The New E-Discovery Rules, ABA Section of Litigation Annual Meeting, San Antonio, TX, 2007.
Refresher Ethics: Conflicts of Interest, ABA Section of Litigation Joint Environmental, Products Liability, and Mass Torts CLE program, January 2007.
Help Is On The Way…Sort of: How the Civil Rules Advisory Committee Hopes to Fill the E-Discovery Void, ABA Section of Litigation Annual Meeting, Los Angeles, CA, 2006.
The Prelitigation Duty to Preserve: Lookout!, ABA Annual Meeting, Chicago, IL, 2005.
The MJP Maze: Avoiding the Unauthorized Practice of Law, ABA Section of Litigation Annual Conference, 2005.
Media
Checking In, Practical Law The Journal, Thomson Reuters, June/July 2021.