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Criminal Practice Program
Tuesday, May 29, 2018
12:30 pm - 6:00 pm
4.0 hours Illinois MCLE, pending approval
The FBA Chicago Chapter’s 2018 Criminal Practice Program will feature four informative panels of judges and practitioners on the following subjects: “Cutting Issues in Jury Selection,” “In the Eye of the Beholder: Three Northern District Judges’ Reflections on Various Sentencing Arguments”; “$100,000 Pyramid for Trial Attorneys: Latest Developments in Circuit Law of Evidence and Criminal Procedure;” and “Guns: Prosecution, Defense and Adjudication of Firearms Cases.”
12:30 – 1:30 pm
Cutting-Edge Issues in Jury Selection
Hear about current issues in jury selection from a panel that includes Professor Nancy S. Marder, Director of the Justice John Paul Stevens Jury Center at Chicago-Kent College of Law; Litigation Consultant Alan Tuerkheimer, Principal of Trial Methods; and the Hon. Virginia Kendall from the Northern District of Illinois. Former Assistant U.S. Attorney Dylan Smith of Freeborn & Peters will moderate. Topics will include a focus on jurors and social media.
1:30 – 2:30 pm
In the Eye of the Beholder: Reflections on Various Sentencing Arguments
The Hons. Sara Ellis, Manish Shah, and Andrea Wood of the Northern District of Illinois will respond to various sentencing arguments, using common sentencing scenarios with which practitioners often confront in federal criminal cases. Audience participation is strongly encouraged. Audience members will have an opportunity to present their own arguments and considerations for the judges to consider. Moderated by Assistant U.S. Attorney Yasmin Best.
2:30 – 2:45 pm
2:45 – 3:45 pm
$100,000 Pyramid for Trial Attorneys
A fast-paced, entertaining review of recent Seventh Circuit case law involving evidence, criminal law, and criminal procedure. Hosted by Candace Jackson-Akiwumi of the Federal Defender Program and the Hon. M. David Weisman, Magistrate Judge for the Northern District of Illinois, with special guest Professor Monu Bedi of the DePaul University College of Law.
3:45 – 4:45 pm
Guns: Prosecution, Defense, and Adjudication of Firearms Cases
Join a seasoned jurist, defense attorney, and prosecutor in discussing the old and new issues raised by firearms cases, from investigation to trial and sentencing, in Chicago today. Featuring the Hon. Gary Feinerman of the Northern District of Illinois; Imani Chiphe, Federal Defender Program; and Assistant U.S. Attorney Lindsay Jenkins, and moderated by former Assistant U.S. Attorney Gabe Fuentes of Jenner & Block.
4:45 – 6:00 pm
Reception, immediately following the program
The Honorable Sara L. Ellis is a United States District Court Judge for the Northern District of Illinois. She was appointed to the bench by President Barack Obama in October 2013. Judge Ellis received a Bachelor of Arts degree in 1991 from Indiana University, and a Juris Doctorate in 1994 from Loyola University Chicago School of Law. She worked as a staff attorney at the Federal Defender Program in Chicago from 1994 to 1999. From 2000 to 2004 and 2008 through 2013, she worked in private practice in civil litigation and white collar criminal defense. From 2004 to 2008, she served as Assistant Corporation Counsel for the City of Chicago Department of Law, handling claims for injunctive relief and civil rights lawsuits.
Gary Feinerman has served since September 2010 as a district judge on the U.S.
District Court for the Northern District of Illinois. Prior to joining the bench, Feinerman was a partner in the Chicago office of Sidley Austin LLP in the firm’s general litigation and appellate groups. From 2003-2007, Feinerman served as Solicitor General of Illinois in the Office of Illinois Attorney General Lisa Madigan. Feinerman was a litigation associate and then a partner from 1996-2003 in the Chicago office of the firm now known as Mayer Brown LLP. Earlier in his career, Feinerman served as a law clerk to Justice Anthony Kennedy of the United States Supreme Court and to Judge Joel Flaum of the U.S. Court of Appeals for the Seventh Circuit, and also worked for the U.S. Department of Justice as Counsel in the Office of Policy Development and on detail to the Office of the Counsel of the President. Judge Feinerman is a graduate of Stanford Law School and Yale
Judge Kendall was appointed to the United States District Court for the Northern District of Illinois in January 2006. She currently serves on the Seventh Circuit’s Civil Jury Instruction Committee and has sat by designation with the Seventh, Ninth, and Federal Circuit Courts of Appeal. Prior to her appointment, she worked for over ten years as an Assistant United States Attorney in the United States Attorney’s Office in Chicago. Judge Kendall lectures extensively both domestically and internationally in the areas of public corruption, corporate supply chain compliance, human rights, especially in relation to human trafficking and crimes against women and children, and ethics.
Judge Shah was appointed to the federal bench in 2014. He graduated from Stanford University in 1994, and he received his law degree from the University of Chicago Law School in 1998. After serving as an associate at Heller, Ehrman, White and McAullife in San Francisco, Judge Shah was a law clerk to U.S. District Judge James B. Zagel in Chicago. Following his clerkship, Judge Shah joined the United States Attorney’s Office in Chicago in 2001 and rose to the position of Deputy Chief of Financial Crimes and Special Prosecutions, Chief of Criminal Appeals, and then Chief of the Criminal Division.
Judge Weisman was appointed as a U.S. Magistrate in Chicago in 2016. Previously he was a partner at the law firms of Miller Shakman & Beem LLP and Katten Muchin Rosenman LLP, where he focused on federal civil and criminal litigation. Judge Weisman served ten years as an Assistant United States Attorney in the Northern District of Illinois, and held various supervisory positions, including Deputy Chief for Project Safe Neighborhoods. During his time as a federal prosecutor, Judge Weisman received two U.S. Department of Justice Director’s Awards, including one for his work as the lead prosecutor of white supremacist Matthew Hale. Judge Weisman also previously served as a federal law enforcement officer, beginning his professional career as a Special Agent with the Federal Bureau of Investigation.
Judge Wood was appointed to the federal bench in 2013, after serving as a senior trial counsel in the Division of Enforcement, U.S. Securities and Exchange Commission, which she joined in 2004. Before spending five years in private practice, she was a law clerk to the Hon. Diane Wood of the U.S. Court of Appeals for the Seventh Circuit. Judge Andrea Wood is a graduate of the Yale Law School and the University of Chicago.
Monu Bedi joined DePaul University College of Law as an assistant professor and was promoted to associate professor in 2015. Professor Bedi received his JD from Harvard Law School, where he was a senior editor for the Harvard Civil Rights-Civil Liberties Law Review, his MPhil in philosophy from the University of Cambridge (King’s College), and his AB, summa cum laude, from Dartmouth College. Prior to joining the faculty, Professor Bedi served as a Bruce R. Jacob Visiting Assistant Professor at Stetson Law School. Before entering academia, Professor Bedi clerked for the Honorable Laura Taylor Swain of the Southern District of New York and served as a Navy JAG where he prosecuted sailors accused of crimes ranging from drug possession to attempted murder. He also served as an associate in the Government Enforcement group at Ropes & Gray in Boston. At DePaul, he teaches Criminal Law and Criminal Procedure.
Yasmin is an experienced criminal and civil litigator and trial lawyer who joined the U.S. Attorney’s Office in Chicago in July 2009. In addition to her eight years of experience as a federal prosecutor, Yasmin spent five years as an associate at Latham & Watkins in Los Angeles. Yasmin is a graduate of Harvard Law School and Yale University.
Imani Chiphe is a staff attorney with the Federal Defender Program in Chicago, and he has more than 20 years of experience in civil rights and criminal defense matters. Imani’s reputation as a formidable courtroom opponent stems from his experience in numerous complex criminal cases, including the defense of public officials charged in alleged bribery schemes, a Chicago trader charged in an alleged $8 million Ponzi scheme, and a breadth of cases involving narcotics and weapons charges.
As a partner at the law firm of Jenner & Block since 2006, Gabe Fuentes serves on the Federal Defender Panel and has defended firearms cases as a panel attorney. As an Assistant U.S. Attorney in Chicago from 2001 to 2006, his experience included the prosecution of firearms cases. Gabe was named Pro Bono Lawyer of the Year by the Hispanic National Bar Association in 2015. Gabe practices in Jenner & Block’s Investigations and Compliance Group.
Candace Jackson-Akiwumi has been an attorney with the Federal Defender Program for the Northern District of Illinois since 2010. At the Federal Defender Program, she represents indigent defendants in federal district court and the U.S. Court of Appeals for the Seventh Circuit. Previously, Ms. Jackson-Akiwumi worked as a litigation associate at Skadden, Arps, Slate, Meagher & Flom LLP in Chicago. She began her legal career as a law clerk to Judge David H. Coar of the U.S. District Court for the Northern District of Illinois and to Judge Roger L. Gregory of the U.S. Court of Appeals for the Fourth Circuit. Ms. Jackson-Akiwumi received her J.D. from Yale Law School and her A.B., with honors, from Princeton University’s Woodrow Wilson School of Public and International Affairs. She is a board member of the Chicago Chapter of the Federal Bar Association, a former board member and current committee chair for the Black Women Lawyers’ Association of Greater Chicago, and a director of the Princeton Club of Chicago.
Lindsay Jenkins is an Assistant United States Attorney for the Northern District of Illinois. Following her graduation from law school, Lindsay served as a judicial law clerk in the United States District Court for the Northern District of Ohio. Following her clerkship, Lindsay was a litigation associate with Jones Day. Since joining the U.S. Attorney’s Office, Lindsay has first-chaired jury trials on a wide variety of matters including corruption, excessive force and fraud cases, and has argued numerous appeals before the Seventh Circuit. She has also handled a broad range of investigations including healthcare grant fraud, theft of trade secrets, computer intrusion, civil rights violations, investment fraud, money laundering, narcotics conspiracies and criminal street gangs. Currently, Lindsay has served as the Deputy Chief of the Public Corruption and Organized Crime section.
Professor Marder joined the faculty of Chicago-Kent in the fall of 1999. She has a B.A. (summa cum laude) in English and Afro-American Studies from Yale College; a M.Phil. in International Relations from Cambridge University, where she was a Mellon Fellow; and a J.D. from Yale Law School, where she was an articles editor of the Yale Law Journal.
Prior to beginning her teaching career at the University of Southern California Law School, Professor Marder was a post-doctoral fellow at Yale Law School (1992–93) and a law clerk to Justice John Paul Stevens of the U.S. Supreme Court (1990–92). She also clerked for Judge William A. Norris on the Ninth Circuit Court of Appeals (1989–90) and Judge Leonard B. Sand in the Southern District of New York (1988–1989). In 1987–88, Professor Marder was a litigation associate at the New York law firm of Paul, Weiss, Rifkind, Wharton & Garrison.
Professor Marder’s research and writing focus on the jury. She has written about many aspects of the jury, including peremptory challenges, jury instructions, jurors and technology, juror questions, jury nullification, post-verdict interviews of jurors, and jury deliberations. Her articles have appeared in such law reviews as Northwestern University Law Review, Iowa Law Review, Texas Law Review, Southern California Law Review, and Yale Law Journal, and she has organized four symposia in the Chicago-Kent Law Review: “The Jury at a Crossroad: The American Experience,” “Secrecy in Litigation,” “The 50th Anniversary of 12 Angry Men,” and “Comparative Jury Systems.” Professor Marder is the author of the book The Jury Process (2005), and she has written several book chapters on the jury and on juries and judges in popular culture. Professor Marder regularly presents her scholarship at conferences in the United States and abroad.
Dylan Smith combines more than fifteen years’ experience handling complex commercial litigation with more than five years’ experience as a federal prosecutor. His practice encompasses a wide range of business disputes, government investigations and compliance counseling, including matters involving antitrust, securities law, civil RICO, bankruptcy, shareholder rights, D&O claims, and related insurance coverage claims. He has litigated complex commercial cases in federal and state court as well as before domestic and international arbitral tribunals.
Prior to joining Freeborn, Dylan served as an Assistant United States Attorney in Chicago, where he prosecuted and tried criminal cases in federal district court, including cases involving white collar crimes such as financial institution fraud, wire and mail fraud, healthcare fraud, identity theft, and tax fraud. As an Assistant U.S. Attorney, Dylan also argued a number of appeals in the U.S. Court of Appeals for the Seventh Circuit.
Daniel Wolfe, J.D., Ph.D. is Senior Vice President and a Senior Jury Consultant for DecisionQuest, a firm specializing in jury consulting, graphic design, presentation technologies, and trial preparation solutions. He has consulted on over 1,500 cases involving matters including antitrust, product liability, intellectual property, and professional malpractice. Dr. Wolfe has served as president of the American Society of Trial Consultants and has authored a number of articles and book chapters on juries, juror perceptions, and the interrelation of attorney gender and courtroom bias.