Left to Right: David Leland, partner at Skadden, Arps, Slate, Meagher & Flom LLP; Charles Borden, partner at Allen & Overy LLP; and Stephen L. Cohen, assistant director for the Division of Enforcement of the U.S. Securities and Exchange Commission

Legal experts discussed the impact of the legislation on the political intelligence industry during the program “Political Intelligence and the STOCK Act: The Next Regulatory Frontier?” hosted by the American Bar Association Criminal Justice Section.

“For the most part, political intelligence is about trying to figure out what is going to happen,” said Charles Borden, partner at Allen & Overy LLP in Washington, D.C. “They typically reach out to government employees … to try to understand what exactly is happening with respect to proposed legislation and regulations.”

After various media outlets began to allege that members of Congress were profiting by trading based on nonpublic knowledge, the activities of the political intelligence industry were brought to the forefront, ultimately resulting in the passage of the STOCK ACT.

“Lobbyists and consultants who deal with Congress on a day-to-day basis are particularly concerned about the potential chilling effect on communications between Congress and lobbyists,” said David Leland, partner at Skadden, Arps, Slate, Meagher & Flom LLP in Washington, D.C. “Even lobbyists who do not engage in political intelligence are still concerned about their access to inside information because information is really the lifeblood of lobbying.”

“When I was on the other side as a congressional staffer, I relied on lobbyists to pass along information that I might not have,” Leland added. “It is really creating a lot of concern for the government affairs industry that this legislation will discourage congressional staffers and some members of Congress from sharing information.”

Although the STOCK Act makes it plain that such trading is illegal for members of Congress and legislative branch staff, lawyers and political intelligence professionals are debating which types of information are grounds for violation of insider trading laws.

The Securities and Exchange Commission looks at a wide variety of information to decide whether someone has violated insider trading laws. The line between general research and insider trading is determined by whether there was a breach of duty and whether the material information was nonpublic, said Stephen L. Cohen, associate director for the SEC’s Division of Enforcement.

“I don’t think it is likely that anyone is going to get from us a bright-line answer as to where political intelligence ends and improper provision information begins,” he said.

“FLSA and the Unpaid Intern: To Pay or Not to Pay?” occurred in the same week as two significant legal developments that have specialists in the field predicting a wave of lawsuits challenging unpaid internships in a variety of fields, particularly movies and publishing.

“One of the reasons this issue has garnered so much attention is because of the high-profile cases,” said Monique Gougisha Doucette, a shareholder at Ogletree, Deakins, Nash, Smoak & Stewart P.C. of New Orleans, said.

On June 11, a federal district judge in Manhattan ruled that Fox Searchlight Pictures had violated federal and New York minimum wage laws by not paying production interns. A story in The New York Times reported that U.S. District Court Judge William H. Pauley III said unpaid internships should be allowed only in very limited circumstances.

Two days later, two former interns at The New Yorker magazine and W Magazine sued Condé  Nast Publications for violations of the minimum wage provisions included in the Fair Labor Standards Act. Thomson Reuters news service reported that experts said Pauley’s decision involving the movie production of “Black Swan” and the Condé Nast suit could encourage more legal actions and force employers to reconsider use of unpaid interns.

Doucette, in her remarks at the ABA program, noted that in the “Black Swan” case, the judge concluded that the interns operated as unpaid production workers and that Fox Searchlight “did not offer training similar to an educational environment.”

Melinda Burrows, head of compliance at the international automated retailer Coinstar Inc., said this and prior cases underscored the importance of attorneys making their “clients aware that the [Department of Labor] is looking at this.” She suggested employers who use unpaid interns “take a good, hard look at their program.”

Scott M. Pollins, of counsel at Willig, Williams & Davidson in Philadelphia, said these cases are attractive to pursue because plaintiffs can be awarded attorney’s fees besides retroactive pay for the intern. Pollins’ clients are typically individuals who claim they have suffered discrimination in the workplace. He said offering unpaid internships could also be discriminatory, suggesting that “only the people with financial means can afford to take advantage” of many unpaid internship programs.

Moderator Stephen A. Mazurak, professor of law at the University of Detroit Mercy School of Law, discussed several landmark cases, including a 1985 U.S. Supreme Court decision involving the Tony and Susan Alamo Foundation. In that case, the high court found FLSA applied even if the intern accepted unpaid status and actually preferred it. Although the Alamo Foundation was a nonprofit, it used interns in its commercial enterprises.

Mazurak pointed to DOL Fact Sheet No. 71, which provides guidance to for-profit employers on whether interns must be paid minimum wage and overtime under FLSA. Specifically, for an internship to occur without compensation, it must meet these
six criteria:

• The internship, even though it includes actual operation of the facilities of the employer, is similar to training that would be given in an educational environment;
• The internship experience is for the benefit of the intern;
• The intern does not displace regular employees but works under close supervision of existing staff;
• The employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded;
• The intern is not necessarily entitled to a job at the conclusion of the internship; and
• The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

The ABA program was presented by the ABA Section of Labor and Employment Law and the ABA Center for Professional Development.

Kays, who said she is focused on being a healthy working mother and wife, has experienced the full gamut of work arrangements for lawyers. “I’ve worked full time as a commercial litigator, worked full time but with a flexible schedule, worked part time and stayed home full time with my kids,” she said. “Having experienced all those work arrangements has really given me some perspective.”

Don’t plan too far ahead. Kays admits to being a type-A planner and practicing law with a lot of other fellow type-A personalities. “However, as we mature and develop our career and personal lives, our priorities can and will change,” Kays said. “I’ve realized that as much as I thought I knew what I wanted in my career, family and life, I didn’t really understand the dynamics of those things until I actually experienced them.”

On top of that, sometimes life throws you a curveball, where you make decisions that you didn’t plan, Kays said. “For example, recently my family and I relocated, which I never factored into my short- or long-term plans.”

Do think ahead. “Thinking ahead can mean focusing on networking and business development earlier in your career, when you feel that you have fewer priorities tugging at you,” Kays said. “Always try to position yourself in the best way possible to accommodate your future goals, roles and demands.”

Network and find mentors. If you are a working mom, talk to other moms, Kays said. For those who aren’t parents, talk to other people with your interests. “Join groups that interest you,” she said. “When you meet people you admire or want to learn more about, ask them to coffee or lunch. Get to know them. Ask them about their life. And then there you have it, you’re networking and you’re on your way to finding a mentor.

“Whatever club you join, others will likely have the same work-life concerns as you, so tap into them. Get to know those people beyond just your hobby. Find out how they’ve managed their life priorities and their career.”

Have a personal support network. This applies to your support at home, Kays said. Your support network should include your spouse, if you are married, as well as your friends.

“While managing my life and family priorities, child care is something I’ve focused a lot on,” Kays added. “I recommend for those with the same responsibilities, have plans and backup plans and then more backup plans, especially when it comes to child care. Tap into those friends and your support network to develop backups.”

Also, use your support network to talk about how you’re feeling, Kays said. “You are not alone,” she said. “Knowing that others feel the same as you and that others really don’t look as perfect or have it all together as they appear from the outside is very valuable.”

Outsource. “I realize this is a controversial recommendation because outsourcing requires money, and people have varying levels of income and various demands that are pulling at them,” Kays said. “But weigh the cost of outsourcing compared with the cost of leaving the legal workforce or the cost of your happiness, and outsource when you can.”

Don’t take no for an answer. “This applies to flexible work arrangements,” Kays said. “If you need to change your work arrangement or hours to better manage your life, ask and make it happen. Don’t be afraid to do so.”

Although flexible work arrangements are more commonplace today, they can still be hard to implement or even harder for some supervisors in your organization to accept, Kays said. “If you’re negotiating such an arrangement, there are so many resources out there to help you win your case. The ABA offers many committees, there are consultants devoted to the issue of alternative work arrangements, articles abound on this topic, and you can find sample proposals online. Unfortunately, I know too many attorneys and professionals who have had to fight for flexible schedules, but don’t be discouraged by the process, don’t give up, and make your case. Finally, if the answer is no, don’t accept that as an answer and keep negotiating. From my experiences, you might prevail.”

Be creative. “Thinking creatively has really helped me manage my competing interests and demanding schedule,” Kays said. She cites one example of how she takes her son to a class at the library, a block away from her office, once a week. On those days, her nanny picks up her son from the library and takes him home while she heads to work an hour late.

“Another piece of great advice I received early on in life was to work close to where you live,” she said. “It can reduce or eliminate time spent commuting that takes you away from your family.”

It can also help you squeeze in a workout when you don’t have time to hit the gym, she said. Kays keeps her running shoes at work and sometimes runs home from the office. “I also learned to read and research while running on the treadmill,” she said.

Don’t be so hard on yourself. Ignore what people refer to as “Mommy Guilt.” “It’s been one of my hardest obstacles to overcome,” Kays said.

“Mommy guilt comes in a couple different forms,” she explained. “The first type is guilt that mothers place on themselves. Women often internalize cultural values, and they make us feel more guilty for missing a child’s first step, or a child’s play, than fathers. We feel guilt thinking that we should be there for every special moment. In comparison, men aren’t always necessarily burdened with those internalized stereotypes or gender expectations. A second type of mommy guilt can come from your kids. When I returned to work after my maternity leave for my second son, my oldest had a really hard time with it. He was used to having me home every day, over the summer, to boot, and at the age of 2 he was able to vocalize it in ways that really tugged at my heart.”

Kays said one of the best ways she has found to cope is to make the most of her time with her family. “Put down the phone,” she suggested. “Kids are only up a few hours when you get home from work anyway. In most cases, you can wait an hour or two to answer that email after hours.

“A mentor of mine also gave me some advice on how to deal with Mommy guilt, and that is to put some spin on the time you spend with your kids. For example, if you’re not going to make it home for bedtime, explain to your kids that it’s a special boys’ night. Tell them ‘I’m sorry, but tonight’s your special boys’ night with Daddy, and I’m not allowed to come.’ Both you and your child will feel better than if you had explained Mommy really wants to be home tonight but has a really awful deadline and Mommy’s going to be up all night.”

Listen to your heart, and take a risk. “Thoroughly assess a situation and consider all the pros and cons, but in the end, sometimes you have to trust your heart to make the right decision even if logical factors are pointing you in a different direction,” Kays said.

Know that you can do it. “As a full-time litigator, I often thought that some goals or tasks were daunting and couldn’t fit into my schedule,” Kays said. “But, yes, you can find time to train for that marathon. As a mother, I fully advocate outsourcing if the option is right for your family. But don’t outsource the things that are important for you. Personally, it’s been really important to me to make my kids’ birthday cakes.

“Thus, if you have goals or dreams that you don’t think mesh with your busy career, don’t give up and find ways to make them work. They don’t always work out, but don’t shoot down those ideas before even trying. Yes, you can do it.”

Each priority had an advocate during the recent ABA Section of Antitrust Law teleconference “Airline Mergers: First-Class Results or Middle-Seat Misery?”

Economist Mark A. Israel of Compass Lexecon considers the effect on consumers when two airlines merge. He said it alters the entire flight network, unlike a merger of soft drink manufacturers, where the individual products stay the same.

He said airline mergers can affect consumers by changing which airports are served, the number and combinations of flights available and the services provided by the airlines.

“The low-cost carriers are rightly lauded for bringing a lot of competition to the industry, but the one thing the low-cost carriers don’t do is serve smaller communities,” Israel said.

Diana L. Moss, vice president of the American Antitrust Institute, a Washington, D.C.-based education and research group that advocates for fair competition, also lamented decreased competition in more remote parts of the country. “If you live in a small Midwestern town, you’re captive to that part of the network. Some consumers had choice before a particular merger.”

While Moss acknowledged that driving airline traffic to larger hubs comes with costs, she said she would like to see more attention paid to what she termed “net efficiencies.”

Richard “Ben” Hirst, Delta Air Lines senior vice president and general counsel, said there are two kinds of efficiencies obtainable from an airline merger: operational efficiencies, such as combining information and reservation systems and saving money on facilities overhead, and scale efficiencies, such as taking advantage of increased size to “push back” in negotiations with the highly concentrated supply side of the airline industry.

Hirst said that since Delta’s 2008 merger with Northwest Airlines, there are more flights, a higher percentage of on-time flights and less mishandled baggage.

“Across the board, the airline is operating far more efficiently post-merger,” he said.

Moss pointed out Delta fare increases after the Delta-Northwest merger, but Hirst said they were due to rising fuel prices, with fuel accounting for 40 percent of an airline’s costs.

“If there were a science that allowed us to determine and predict accurately what the effect of a merger would be to a consumer in a particular market, it would be one thing, but I think it’s pretty clear that’s not the case,” Hirst said. “This is a very dynamic industry which tends to ameliorate whatever effects there are on a particular market.”

Israel recommended letting data show whether consumers have benefitted by looking at whether there are more combined customers after a merger and how competitors react.

Click here for an audio recording of the panel discussion, moderated by Christine Wilson of Kirkland & Ellis LLP.

Bill Freivogel, who has specialized in corporate legal ethics for 25 years, urged attorneys to “spot the issue … [to] be ahead of the game” and then to seek guidance from an attorney who has an expertise in the area.

“The issue is what did you learn, not loyalty,” said Freivogel, a former trial lawyer and longtime attorney in Chicago for companies that provide professional liability insurance to law firms. “If the new matter involves a former client on the other side, generally speaking, you can take it, provided the new matter is not substantially related” to what was done for the former client.

The panel detailed the several ABA Model Rules of Professional Conduct dealing with conflicts of interest at “Conflicts of Interest for Lawyers in the 21st Century; How to Identify and Avoid Them.” The webinar provided a primer on how to foresee situations where conflicts typically arise and what to do about them when they do.

David A. Lohr, a conflicts and compliance attorney at Latham & Watkins LLP in Washington, D.C., observed that the legal profession is “largely self-regulated,” so the burden to police conflicts rests with the attorneys themselves and their law firms. Lohr, who moderated the 90-minute discussion, pointed out that the flux in the market made this even more pressing.

The panel discussed in some detail Model Rule 1.7 through Model Rule 1.10, which pertain to client conflicts of interest. Participants noted that because rules in each state typically vary, it is important for attorneys to understand them in their states of practice.

The panelists methodically walked through some of the questions that attorneys should ask themselves to avoid conflicts, starting with how to define a client. Eve M. Coddon, a partner in the litigation department at Paul Hastings in Los Angeles and the firm’s general counsel, urged attorneys to have a “very robust conflict-checking system” in place.

The group also discussed the concept of client waivers for potential conflicts and urged that they be done in writing or by email.

Glenn M. Grossman, bar counsel at the Maryland Attorney Grievance Commission in Baltimore, suggested one way to lessen the likelihood of a conflict of interest is to formally “close out” legal matters with clients. He urged that unambiguous “disengagement letters” be sent after legal representation is concluded to ensure the party understands it is no longer a client of the lawyer.

The webinar was sponsored by the ABA Center for Professional Responsibility, Law Practice Management Section, Solo, Small Firm and General Practice Division, Section of Litigation, Young Lawyers Division and Center for Professional Development

ABA Model Rule 7.3 prohibits real-time contact [with prospective clients], said Charles H. Gardner, special counsel, Much Shelist, Chicago. An example would be responding to a tweet from someone who says they’ve just been arrested for shoplifting by saying that you’re an attorney who handles shoplifting cases at a discount for your Twitter followers, he said.

Confidentiality can also become a problem on social media, Gardner said. ABA Model Rule 1.6 says that lawyers cannot reveal information relating to the representation of a client, he said.

“The confidentiality rule applies across the board,” Gardner said. “It’s not just matters that are communicated to you in your confidential representation, but any information relating to your representation, whatever the source. To me that says we have to be careful about confirming or denying public information.”

There are also FTC guidelines to consider. “Think of Model Rule 8.4 being the vehicle through which the FTC Act applies,” Gardner said. “Section 5 of the act prohibits deceptive or unfair acts or practices in advertising. Rule 8.4 says it’s professional misconduct for a lawyer to commit a criminal act that reflects adversely on honesty or trustworthiness or to engage in dishonesty, fraud, deceit or misrepresentation … Violations of the FTC rules can result in a civil penalty of up to $11,000 [each].”

In 2009, the FTC put out guidelines regarding endorsements and testimonials. “What these were meant to do was to tell any advertiser doing word-of-mouth marketing that you have to disclose actual results,” Gardner said. “You can’t just say ‘these results are not typical.’ You have to say more than that. You have to tell people what the typical results are that they can expect.”

“Material connections between advertisers and endorsers” must also be disclosed, Gardner said. “I think of this in the old days as payola, when radio DJs were getting paid off by record companies to play a record. The FTC said if you’re getting paid to promote a product, you have to disclose that.

“The same thing now applies to bloggers,” he added. “If you’re an attorney and you have a blog or you have word-of-mouth marketers blogging on your behalf, now you have to be more conscious about disclosing your material connections, and that goes a little bit to Rule 7.2b, which says a person shouldn’t give someone something of value for recommending them.”

How are you going to disclose those material connections in a clear, concise way? Having a link to that information — the office you’re working at, the lawyer’s name, an identifying feature of the office — is OK if the link is prominent and clear, Gardner said.

In March, the FTC put out guidelines to give more information about what is needed for disclosures. “Generally, the FTC guidelines allow abbreviated and linked disclosure, and generally the Rules of Professional conduct allows them, but in a much more restrictive way,” Gardner said.

William Slease, chief disciplinary counsel, Disciplinary Board of the State of New Mexico, and Peter J. Winders, general counsel, Carlton Fields, Tampa, also participated in this webinar.

This ABA continuing legal education webinar was sponsored by the Center for Professional Responsibility, Law Practice Management, Solo, Small Firm and General Practice Division, Young Lawyers Division and the Center for Professional Development.

“State attorneys general have established themselves as the epicenter of leading enforcement actions. Because of this trend, it is important to develop a forum for practitioners to share best practices and for in-house counsel to share their experiences,” said Taylor, a partner at the law firm Troutman Sanders LLP and one of the inaugural co-chairs of the committee. “The ABA has a long tradition of developing such venues and is recognized for high-quality educational legal programs.”

According to the National Association of Attorneys General, attorneys general now share enforcement authority in many areas that used to be considered the exclusive responsibility of the federal government. Issues such as trade regulation, environmental enforcement and criminal justice have changed who is involved in the process. But unlike the NAAG, which brings together various state attorneys general and their collective staff, the State Attorneys General and Department of Justice Issues Committee also includes private practitioners, corporate counsel, government lawyers, judges, law professors, law students, non-lawyers with an interest in the work of attorneys general.

“Our state attorneys general stand at the forefront of many of the critical legal issues facing our country,” said Anthony J. Majestro, an attorney at Powell & Majestro PLLC and co-chair of the State Attorneys General and Department of Justice Issues Committee. “This new committee can help our attorneys general and the private attorneys who work with them or defend companies in actions or investigations brought by their offices.”

Since the announcement of the new entity in March, the State Attorneys General and Department of Justice Issues Committee has welcomed more than 200 founding members. The inaugural meeting took place in early May at the 8th Annual State and Local Procurement Symposium in Nashville, Tenn. Members discussed their desire to publish relevant legal analyses, to pursue speaking engagements outside the ABA and to develop continuing legal education programs on the subjects around the work of attorneys general.

“I think it proves that there is a lot of interest in the subject matter,” said Ellen F. Rosenblum, Oregon attorney general and the sitting attorney general co-chair of the committee.

With an already active email listserv and plans to conduct a member survey to continue to solicit appropriate activities and issue coverage, the State Attorneys General and Department of Justice Issues Committee seeks to keep new members engaged.

The next meeting of the committee will take place at the ABA Annual Meeting in San Francisco. To learn more about joining, please click here.

The panelists, speaking during the American Bar Association Health Law Section podcast “How to Kick-Off a Successful Health Law Career,” emphasized the value of participating in a wide variety of activities related to health law, including taking diverse courses, working at internships or legal clinics, joining relevant organizations, attending educational conferences and writing articles for niche publications.

“In order to maximize your opportunities, especially early on, you can never say no,” said Jay McEniry, executive vice president and general counsel at MediStat Specialized Pharmacy Services in Foley, Ala. “It’s going eat up a lot of your personal time and professional time and eat up a little bit of money on the way.”

Geeta W. Kaveti, senior counsel at the Office of Counsel to the Inspector General at the Department of Health and Human Services, in Washington, D.C., recommended students take a broad range of classes to determine what subject areas they are most passionate about and what their strengths are.

“I would encourage you to keep an open mind, and don’t pigeonhole yourself too early because you never know what is going to be interesting and out there for you to do,” she said.

And while it’s good to have a broad general knowledge of health law, McEniry said, “If you try to be good at everything, you are never going to be good at anything.”

Jennifer Rangel, a partner at Locke Lord LLP in Austin, Texas, suggested becoming an expert on a specific new health law. “That’s a good opportunity to be at the forefront and make a niche for yourself,” she said.

By completing internships and working at her college’s legal clinic, Kaveti said she gained a better understanding of health law in action.

“I cannot speak enough to the benefit of doing a clinical program,” she said. “The experience you will get working with clients — actually drafting motions, going to court, doing hearings — is invaluable and will help you see whether litigation is really something that you’re interested in and also help you learn what your own skill sets are.”

The panelists also stressed the importance of joining relevant organizations, such as the ABA’s Health Law Section, and attending as many meetings as possible to take advantage of educational opportunities and networking connections.

“You see what are the hot topics, what are people dealing with today, what are people thinking about, what are the issues [you] need to know about,” Rangel said of attending such conferences.

McEniry cited the example of the upcoming Physician Legal Issues Conference sponsored by the ABA Health Law Section as a great opportunity.

“That’s the best $75 you will ever spend if you can get yourself to Chicago,” he said.

The podcast was moderated by Anthony J. Burba, an associate at Arnold & Porter LLP in D.C., and sponsored by the ABA Health Law Section.

“Depending on the circumstances of how the client comes to you, it may be a bit confusing,” said Colorado Springs lawyer Michael A. Kirtland at the teleconference “An Introduction to Elder Law,” hosted by the Elder Law Committee of the ABA Young Lawyers Division.

Kirtland described how this question must be answered as quickly as possible.

“It’s not unusual in the elder law setting to have an adult child of a senior call you first, maybe even ask to have a discussion with you first, and then bring their parent in. The result of that is you have a decision to make: Is the adult child your client, or is the senior your client? And the important thing is to make that decision right upfront, because I’ve seen quite a few attorneys completely conflicted out of a case because they didn’t make that distinction,” Kirtland said.

Once a lawyer has determined who he represents in the case, he can still face obstacles including who will pay the bills.

“It is not unusual for the adult child or other family members to be paying the legal fees for the representation, but the client is actually the senior,” Kirtland said. “If that’s the case, you have to do a number of things. One of them is you have to keep in the forefront of your mind that the senior is your client, and your duty of confidentiality under the Rules of Professional Conduct lies with that senior.”

Kirtland also said it helps to have these roles defined in written agreements.

“…You need to get in writing from the senior consent to the fact that someone else will be paying the bill. And you need to get in writing from the person paying the bill that although they are responsible for the legal fees, they are not the client, and they are not entitled to confidential information,” he said.

Chicago lawyer Kerry R. Peck described why third-party custodial arrangements are sometimes needed.

“Much of elder law deals with cognitively impaired clients to some degree or another. Obviously, you’re not sure when they come in the office,” Peck said. “But as we talk about guardianships and alternatives, we are talking about third-party decision makers on behalf of an older adult or cognitively impaired adult over age 18. Those decision makers come in a variety of formats, but basically in two categories: an agent under a power of attorney [for both health care and property], and the other would be a court-appointed guardian.”

Peck then offered a hypothetical situation to help attendees understand the issues with these custodial arrangements and the sometimes life-or-death situations that arise out of these cases.

“If I am the principal and I’m naming, say, Michael, to make decisions for me, under almost all of the laws of the country, I must have the capacity to name Michael to make decisions for me. When I make the decision to choose Michael, I know that Michael is going to make the decision, in theory, to pull the plug when I am no longer able to make these decisions, if that’s my expressed intentions in my documents.

“We as lawyers need to be acutely aware of whether our client has the capacity to do the act and sign the documents that we are asking them to sign. Capacity is a fluid situation … and it’s like love, it’s in the eye of the beholder,” Peck added.

Colorado lawyer Catherine Anne Seal addressed the complexities of a client’s eligibility for Medicaid, the federal system of health insurance for those who need financial assistance. She stressed that Medicaid rules differ state by state and that financial eligibility rules treat assets and income differently for couples (assets are counted together, while income is considered separately for each spouse).

The panel also discussed one of the most challenging issues facing the elderly and those who represent them.

“How do you prevent elder abuse?” asked Seattle attorney Margaret K. Dore. “In some individual cases, we have been very successful in preventing it. But as a society, we’re not particularly good at it … One of the problems with stopping elder abuse is that there are so many ways to abuse people, and a lot of it happens behind closed doors. And each type of abuse requires a different strategy to combat it. Some of the strategies we use, such as guardianships, can create more abuse.”

“Voices for Victims: Lawyers Against Human Trafficking,” a video produced for the American Bar Association Task Force on Human Trafficking in partnership with the ABA Communications and Media Relations Division has won a Bronze Telly Award — a runner-up to first place.

The Telly Award is the premier award honoring the finest film and video productions. The 34th annual Telly Awards received more than 11,000 entries from all 50 states and numerous countries.

“The Telly Awards has a mission to honor the very best in film and video,” said Linda Day, executive director of the Telly Awards. “The American Bar Association’s accomplishment illustrates its creativity, skill and dedication to its mission and serves as a testament to great film and video production.”

Some of the distinguished recipients of last year’s award include the Walt Disney Co., NASA, NBCUniversal, CBS Interactive and Aon.

The video is the centerpiece of the toolkit for state and local bar associations, developed to help American lawyers respond when President Barack Obama challenged Americans to the end of “one of the greatest human rights abuses of our time”—human trafficking.

The video is a crucial component of the ABA’s year-long effort to mobilize its nearly 400,000 members in the fight against modern-day slavery. More than a call to action, the video includes tangible courses of action to meet the problem head-on. Underscoring the relevance of the video, U.S. Ambassador Luis CdeBaca said, “Victims of trafficking are vulnerable because they don’t have a voice in society. And what do lawyers do? We give others a voice.”