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November 30, 2012; Vol. 11 No. 11

2013 NACDL Election
enews_ballotIn 2013, NACDL members will elect 13 members of the Board of Directors, as well as President-Elect, First Vice President, Second Vice President, and Secretary. If you are interested in running for a Board or Officer position, please submit an application to NACDL’s Nominating Committee by January 28, 2013 at 5pm Eastern Time. All rules governing the conduct of NACDL elections as well as instructions for submitting applications to the Nominating Committee are available at www.nacdl.org/elections.
Senate Judiciary Committee Approves Warrant Requirement for Electronic Communications
Yesterday, November 29, 2012, the Senate Judiciary Committee approved legislation that would require a warrant for the government to access electronic communications stored by a third-party provider. NACDL strongly supports this requirement. On November 21, NACDL released a letter signed by 30 former prosecutors and judges in support of electronic privacy reform. The letter supported Senator Patrick Leahy’s proposal, now-adopted by the committee, that would require law enforcement to obtain a warrant based on probable cause before it may access the content of electronic communications held by a third-party provider. NACDL organized this effort to ensure that the Senate Judiciary Committee is aware of the breadth of support across the legal community for the undiluted adoption of Senator Leahy’s amendment. If ultimately enacted, this will be the first amendment in over 25 years to the Electronic Communications Privacy Act, which now only requires a warrant for content of emails less than 180 days old. “In the 18th century, when the Fourth Amendment was adopted, people did not store their private information or communicate their personal thoughts through digital technology,” said NACDL President Steven D. Benjamin. “Today's email and cloud storage are yesterday's letters and home files. This legislation protects the fundamental freedom of privacy that is the heart of the Fourth Amendment. It gives clear guidance to law enforcement of the boundaries and steps for obtaining our most private communications.”
DOJ and SEC Issue Non-Binding 'Guidance' on Foreign Corrupt Practices Act Enforcement
The U.S. Department of Justice and Securities and Exchange Commission issued long-expected guidance concerning the enforcement of the Foreign Corrupt Practices Act (FCPA) on November 14. For links to the DOJ and SEC guidance, fact sheet and press release issued by the DOJ and SEC , as well as more information on NACDL’s work in this area, including NACDL’s Congressional testimony and coalition letter concerning FCPA guidance, please visit www.nacdl.org/FCPA.
Longtime NACDL Member and Former Amicus Committee Vice Chair Sheryl Gordon McCloud Elected to Supreme Court of Washington State
Washington appellate attorney Sheryl Gordon McCloud was elected on November 6 to a six-year term as a Justice of the Supreme Court of the State of Washington. Ms. Gordon McCloud, who has been a public defender, a law professor at Seattle University School of Law and most recently an attorney in private practice, has been a member of NACDL since 1990, and has served as a Vice Chair of NACDL’s Amicus Committee and as Chair of NACDL’s then State Constitutional Law Committee.
Apply Now for White Collar Criminal Defense College at Stetson in Gulfport, Fla. – January 9-13, 2013

The NACDL White Collar Criminal Defense College at Stetson is a “boot-camp” program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. This program offers 22.75 General / 2.0 Ethics CLE credits. The program will cover client retention, investigation in a white collar case, handling searches and grand jury subpoenas, and dealing with parallel proceedings. Participants will have the experience of negotiating a plea, making proffers, and examining which experts to hire and how to protect the client in this process. Interactive sessions with top white collar practitioners will allow the participants to learn trial skills such as opening statements, cross-examination, jury instructions, closing arguments, and sentencing – all in the context of a white collar matter.

For further information, contact Ellen Podgor at epodgor@law.stetson.edu. Please note that enrollment is limited. And for complete information on how to apply, the agenda and faculty, accommodations, and more, please click here.

Annual NACDL Diversity Task Force Student Essay Competition and Summer Fellowship Program

NACDL and the Diversity Task Force(DTF) invite students enrolled in the 2012-13 academic year and in good academic standing at an accredited law school to participate in the fifth annual DTF Essay Competition. The essay competition strives to challenge students to improve their issue analysis and writing skills. Prizes include cash, recognition, publication in NACDL's renowned monthly magazine, The Champion, and more. The deadline for submission is December 31, 2012. For a full description and contest rules, please visit www.nacdl.org/essaycompetition.

The Fourth Annual Diversity Summer Fellowship Program is open to students from underrepresented populations enrolled in the 2012-13 academic year and in good academic standing at an accredited law school. Fellows will have the opportunity to gain valuable experience in a criminal defense law practice. The deadline for applications is January 7, 2013. For more information on the fellowship and application instructions, please visit www.nacdl.org/diversityfellowship.

Bylaw Amendment
On October 27, 2012, at a regularly scheduled meeting in New Orleans, Louisiana, the Board of Directors voted to submit refer a bylaws amendment to the membership. The amendment would change the definition of New Members in Article IV, Section V. For more information and the Action Report of the Bylaws Committee, click here.

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