Featuring Speakers From:
• Carney Badley Spellman, P.S.
• City of Everett
• City of Lakewood
• Davis Wright Tremaine LLP
• Foster Pepper PLLC
• Graham & Dunn PC
• Harrison-Benis, LLP
• K&L Gates LLP
• Law, Lyman, Daniel, Kamerrer
An Intensive One-Day Seminar on
Public Records Act
Litigation
The unique procedural issues of bringing and
defending Public Records Act (PRA) suits
& Bogdanovich, P.S.
•
•
Summit Law Group PLLC
Thurston Co Superior Ct
January 30, 2013
Seattle, Washington
Who Should Attend:
Washington State Convention Center
Public and private attorneys who
litigate over denials of citizen
public records requests;
public officials responsible for
managing public records.
Credits: WA 6.5 CLE (incl. 1 ethics) (call about others)
Quick when/where: 8:30 a.m., 800 Convention Place
Public Records Act (PRA) Litigation Seminar
January 30, 2013 | Seattle, Washington
Washington State Convention Center
Yes! Please register me:
Name: _ ______________________________________________
800 Fifth Avenue, Suite 101 | Seattle, WA 98104
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Register my colleague:
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If you cannot attend, check boxes to order:
q Homestudy Course with DVD
q Course Materials only
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13PRAWA WS
Wednesday, January 30, 2013
Public Records Act (PRA) Litigation Seminar
8:00
Registration Opens
12:00 Lunch (on your own)
8:30
Introduction & Overview
1:15
P. Stephen DiJulio, Esq., Program Co-Chair
Foster Pepper PLLC ~ Seattle, WA
When does it apply to government agencies filing declaratory
judgment actions? Does this help or harm requestors?
Judith A. Endejan, Esq., Program Co-Chair
Graham & Dunn PC ~ Seattle, WA
8:45
Katherine A. George, Esq.
Harrison-Benis, LLP ~ Seattle, WA
Current Case Law Trends: Update on Recent Public
Records Act (PRA) Decisions and Pending Matters
Recent developments in the various flavors of PRA litigation:
Requestors filing when they feel denial isn’t justified; agencies
suing requestors for injunctions and declaratory judgments; private parties seeking competitive intelligence.
Jeffrey S. Myers, Esq.
Law, Lyman, Daniel, Kamerrer & Bogdanovich, P.S.
Olympia, WA
2:15
Transparency vs. Privacy: Friction at the Intersection
of Washington’s Public Records Act and its Privacy
Act
Jessica L. Goldman, Esq.
Summit Law Group PLLC ~ Seattle, WA
2:45
Case study: City of Seattle vs. Egan and KOMO vs. City of
Seattle (Seattle Police Department dash-cam videos)
10:15 Break
Julie Anne Halter, Esq.
K&L Gates LLP ~ Seattle, WA
3:15
Break
3:30
Settlement Discussions
10:30 Special Address: View from the Bench on PRA
Litigation
Why compromise can be a win-win for everyone in a PRA dispute and how to get there.
The Hon. Christine A. Pomeroy, Esq., Judge (Ret.)
Thurston Co Superior Ct ~ Olympia, WA
11:00 Protecting Public Sector Interests: When Do Serial
Requests Become Harassment? How do you Stop It?
Ramsey E. Ramerman, Esq., Assistant City Attorney
City of Everett ~ Everett, WA
4:00
Declaratory Judgment actions under RCW 42.56.540: Pros and
cons of declaratory judgment actions as a pro-active strategy;
practical steps an agency can take under existing law to ease the
burden of extensive PRA requests.
Ethics: Managing Client Relationship and
Maintaining Public Sector Privileges
The application of RPC 1.6 and a public lawyer’s duty under the
PRA require particular attention to common law and statutory
privileges. These privileges include: Attorney-client, work product and deliberative process.
Heidi Ann Wachter, Esq., City Attorney
and
e-Discovery, Metadata, and Public Records
Cases at the intersection of electronic discovery and the Public
Records Act; tips for adapting your litigation strategies.
Judith A. Endejan, Esq., Program Co-Chair
James E. Lobsenz, Esq., Principal
Carney Badley Spellman, P.S. ~ Seattle, WA
Penalties and Attorneys Fees
Developments in attorney fee awards and penalties under the
PRA. How to present your best case as a requestor and how to
defend against that if you are an agency.
Eric M. Stahl, Esq.
Davis Wright Tremaine LLP ~ Seattle, WA
9:30
Washington’s Anti-SLAPP (Strategic Lawsuit Against
Public Participation) Statute
P. Stephen DiJulio, Esq., Program Co-Chair
5:00
Evaluations and Adjourn
Matthew Kaser, Esq., Assistant City Attorney
City of Lakewood ~ Lakewood, WA
About the Seminar
Presents
Live Seminars
Sometimes you just
have to be in the same roomtm
TeleBriefings
One hour expert
analyses by phonetm
Tel: 206-567-4490
www.lawseminars.com
Washington’s Public Records Act (“PRA”), first passed by initiative in 1972, has long been a critical tool for
citizens seeking access to public records to monitor the behavior of government. Recently, the PRA has entered
an activist era with more and more citizens submitting PRA requests and suing when they are denied. Public
agencies have had to balance the economic consequences of a wrongful denial against their administrative needs.
This program will examine this recent trend from the standpoint of attorneys who have been in the field dealing
with the unique procedural issues of bringing and defending PRA suits, which is governed by the PRA. Should
agencies sue first to determine the legitimacy of a claimed exemption? What are the practical steps that citizens
should take before bringing suit and, if they do sue, how to get full attorney’s fees and penalties? The Washington
Supreme Court has handed down several significant cases in the past five years that provide some guidance, but
leave many unanswered questions.
This seminar will explore those decisions and provide invaluable assistance to the PRA practitioner.
~ Program Co-Chairs: P. Stephen DiJulio, Esq. of Foster Pepper PLLC
and Judith A. Endejan, Esq. of Graham & Dunn PC
Wednesday, January 30, 2013
Public Records Act (PRA) Litigation Seminar
P. Stephen DiJulio, partner at Foster Pepper PLLC, focuses on state and
James E. Lobsenz, principal, Carney Badley Spellman, P.S., focuses
Judith A. Endejan, shareholder at Graham & Dunn PC, focuses on
Jeffrey S. Myers, partner, Law Lyman Daniel Kamerrer &
local government litigation, land use and environmental law. He is experienced in eminent domain, utilities, local improvement districts, facility
siting and contractor litigation. He was named a “Super Lawyer” by
Washington Law and Politics.
media, communications and First Amendment law. She has experience
litigating cases at the appellate level on PRA issues. She is a founding
member and current board member of the Washington Coalition for Open
Government and wrote two chapters for the Public Records Act Deskbook
published by the WSBA in 2006.
on criminal defense, civil rights, and employment law and evidence at the
appellate level. He is an Adjunct Professor of Law at Seattle University,
where he teaches First Amendment and civil rights litigation, is the author
of the website Seattle Criminal Appeals, and is a Super Lawyer.
Bogdanovich, P.S., represents governmental clients in public disclosure
issues, including matters arising under the Public Records Act and Open
Public Meetings Act.
The Hon. Christine Pomeroy, retired Superior Court Judge of
Thurston County, has more than 21 years’ experience as a trial judge,
presiding over criminal, civil and administrative law cases. She is
a member of the Board of Trustees for the Superior Court Judges
Association.
Katherine A. George, of Harrison, Benis & Spence, LLP, repre-
sents citizens and groups at the local, state and federal levels, in matters
concerning the right of all citizens to an open government. She focuses
on appeals and the Public Records / Freedom of Information Act. She
received the National Press Club’s Freedom of the Press Award.
Ramsey Ramerman, City Attorney of Everett, focuses on PRA educa-
Jessica L. Goldman, Summit Law Group, focuses on commercial and
First Amendment litigation and media litigation. She represents newspapers, internet service providers, internet content providers and book
publishers, and prepublication content advice to First Amendment companies and internet content providers.
Julie Anne Halter, partner in K & L Gates LLP’s e-Discovery Analysis
& Technology Group, focuses on discovery cases including: Intellectual
property, securities and banking, SEC and FINRA investigations, antitrust,
products liability, real estate and employment litigation, government and
internal investigations, and Public Records Act requests.
Matt Kaser, Assistant City Attorney, oversees civil litigation for the City
of Lakewood and assists with criminal prosecution. He represents the City
in civil litigation and appeals and represents the City in Public Records
Act litigation.
tion and reform. He is founding president of the Washington Assoc. of
Public Records Officers and is the local government representative on the
State Sunshine Committee reviewing exemptions to the PRA.
Eric M. Stahl, partner, Davis Wright Tremaine LLP, represents news,
entertainment, and communications companies in intellectual property,
commercial and First Amendment matters. He litigates public records
disputes and is co-editor-in-chief of the second edition of the WSBA
Public Records Act Deskbook.
Heidi Ann Wachter, Lakewood City Attorney, provides counsel to City
Council and the City Manager. She is incoming Chair of the Washington
State Bar Association Administrative Law Section and was recipient of the
Outstanding Service Award from WSAMA and Tacoma-Pierce County
Bar Associations.
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Registration & Other Seminar Information
To Register:
Call us at: 206-567-4490
Fax the registration form to us at:
206-567-5058
Email us at:
registrar@lawseminars.com
Online: www.lawseminars.com
Mail the registration form on the
front page.
Walk-ins are welcome, subject to space availability.
Registration is complete when
we receive payment or agree to
later payment.
Tuition: Regular tuition for this
program is $595 with a group rate
of $445 each for two or more registrants from the same firm. For
government employees, we offer a
special rate of $395. For students
and people in their job for less than
a year, our rate is $297.50. All rates
include admission to all seminar sessions, food and beverages at breaks,
and all course materials. Make
checks payable to Law Seminars
International.
Substitution & Cancellation:
You may substitute another person
at any time. We will refund tuition,
less a $50 cancellation fee, if we
receive your cancellation by 5:00
p.m. on Thursday, January 24, 2013.
After that time, we will credit your
tuition toward attendance at another
program or the purchase of a Homestudy. There is a $25 cancellation
fee for Course Materials orders and
$50 for Homestudy orders.
Seminar Location: The seminar
will be held at the Washington State
Convention Center at 800 Convention Place in Seattle, WA 98101. For
information you can call the hotel
directly at (206) 694-5000.
Continuing Education Credits:
Live credits: This program qualifies for 6.5 WA CLE credits (incl.
1 Ethics). Upon request, we will
apply for, or help you apply for,
CLE credits in other states and other
types of credits.
If You Cannot Attend: Our complete Homestudy Course, consisting
of a DVD recording and the course
materials, is available for $605. The
course materials alone are available
for $100. We will ship your Homestudy order via UPS ground within
two weeks after the seminar or from
the date we receive payment.
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ww
•
An Intensive One-Day Seminar on
Public Records Act
•
Litigation
•
The unique procedural issues of bringing and
defending Public Records Act (PRA) suits
•
•
•
January 30, 2013
Washington State Convention Center
800 Convention Place
Seattle, Washington
Watch for our
telebriefings on
major legal
developments.
Members of our
distinguished faculties
will present analyses of
major decisions and other
developments as soon as
they happen in a one-hour
telephone conference.
If you wish to receive
announcements for
telebriefings that affect
you, please make sure we
have your email address—
send it to me, H. Kate
Johnson, President:
kate@lawseminars.com
13PRAWA
(206) 694-5000
•
•
•
You Will
Learn About:
Recent Public Records
Act (PRA) decisions and
pending matters
The intersection of
Washington’s PRA and its
Privacy Act
A view from the bench on
PRA Litigation
When do serial requests
become harassment and
how do you stop it?
Washington’s Anti-SLAPP
(Strategic Lawsuit Against
Public Participation) Statute
Penalties and attorney’s
fees
e-Discovery and the PRA
Settlements
Ethics: Managing
client relationships and
maintaining public sector
privileges
Law Seminars International News:
Upcoming Seminars:
SEPA & NEPA
January 11, 2013
Seattle, WA
Buying and Selling Electric
Power in the West
January 17-18, 2013
Seattle, WA
Biotechnology and Medical Devices Law
January 24-25, 2013
Seattle, WA
Online Gambling in the Mid-Atlantic
February 4-5, 2013
Atlantic City, NJ
Natural Resource Damages
February 14-15, 2013
Washington, DC
Electric Utility Rate Cases
February 21-22, 2013
Las Vegas, NV
Wine Law
February 25, 2013
Vancouver, BC
www.lawseminars.com — Check our web site for additional programs in your area.
To Register:
Call:
(206) 567-4490
Visit:
www.lawseminars.com
Fax:
(206) 567-5058
©2012 Law Seminars International