Section Annual
Conference
Scottsdale, AZ
The Phoenician
April 9–11, 2014
Featu
ri
ng
over 4
5 CLE
progr
a
9 netw ms &
orki
event ng
s
www.ambar.org/sac2014
12.41 hours of MCLE credit (including 7.1 hours of trial skills credit and
7.0 hours of ethics credit) have been requested in 60-minute states and
14.9 hours of MCLE credit (including 8.5 hours of trial skills credit and
8.4 hours of ethics credit) have been requested in 50-minute states.
Keynote Speaker: Janet Napolitano
2
Honorary Chairs
Chief Justice
Rebecca White
Berch
Supreme Court of
Arizona
Vice Chief Justice
Scott Bales
Supreme Court of
Arizona
Whitney
Cunningham
President, State
Bar of Arizona
Mayor
Greg Stanton
City of Phoenix
Hon. Andrew D.
Hurwitz
U.S. Court of
Appeals for the
Ninth Circuit
John Phelps
CEO/Executive
Director, State Bar
of Arizona
Vice Mayor
Bill Gates
City of Phoenix
Hon. Samuel
Thumma
Arizona Court of
Appeals, Division 1
Luncheon Keynote Speaker
Janet Napolitano
President of the
University of California
and Former Secretary
of the Department of
Homeland Security
Section Chair & Planning Committee
Don Bivens
Chair, ABA Section of Litigation
Snell & Wilmer L.L.P.
Kelly Kszywienski
Snell & Wilmer L.L.P.
Sal J. Rivera
Rivera Law
Group, P.C.
C. Bradley Vynalek
Quarles & Brady LLP
Jeffrey Willis
Snell & Wilmer L.L.P.
3
Featured Plenaries
Why You Should Attend
The Section Annual Conference is THE
conference for litigators, bringing together
lawyers and judges from across the U.S. for
the latest in trial advocacy. With over 45 CLE
programs, over 150 nationally known speakers,
and nine networking events, this conference
provides exceptional CLE and valuable
networking opportunities.
Who Should Attend
• Attorneys from all areas of litigation
• In-house counsel (First 50 to register are free)
• New or seasoned practitioners wanting
an update on the latest developments
in the law
• Young lawyers wishing to become more
actively involved in the Section
• And more!
General Counsel Forum Reveals the Real Deal
April 10, 8:00 am – 9:30 am
Paulette Dodson
SVP, General Counsel &
Secretary, PetSmart
Nima Kelly
General Counsel,
Go Daddy
Cheree McAlpine
Vice President and
General Counsel, Avnet
C. Bradley Vynalek
Quarles &
Brady LLP
When the Political Process Meets Due Process:
Perspectives on Judicial Elections April 11, 8:00 am – 9:30 am
Justice Rives
Kistler
Oregon Supreme Court
James A. Reeder Jr. Justice Harold See
Vinson & Elkins LLP
Former Associate
Justice of the Supreme
Court of Alabama &
Professor of Law, Belmont
University
Justice Michael
J. Streit
Ahlers & Cooney P.C.
A View from the Bench—How Lawyers and Courts Can
Make Jury Trials Better April 11, 3:00 pm – 4:15 pm
Not Pictured
Hon. Raner Collins
Chief Judge, U.S.
District Court for the
District of Arizona
Hon. Nancy Atlas
U.S. District &
Bankruptcy Courts for the
Southern District of Texas
Rich L. Horwitz
Potter Anderson &
Corroon LLP
Hon. Samuel Thumma
Arizona Court of Appeals,
Division 1
4
Networking Opportunities
Wednesday, April 9
First-Timer Reception
6:00 pm – 6:30 pm
Complimentary
Registration Required
Meet other first-time conference attendees as well as seasoned veterans who can
provide more information about this yearly conference. (Outdoor event: Comfortable
shoes encouraged)
Local Bar Association
Reception
Meet and greet with bar members from the surrounding area and gain a new
perspective on the local bar association scene. (Outdoor event: Comfortable shoes
6:00 pm – 6:30 pm
Complimentary
Registration Required
encouraged)
Corporate Counsel
Reception
A reception where in-house counsel can gather with their peers and meet with other
outside counsel. (Outdoor event: Comfortable shoes encouraged)
6:00 pm – 6:30 pm
Complimentary
Registration Required
Welcome Reception
6:30 pm – 7:30 pm
Complimentary
Registration Required
Committee Networking
Dinners
7:30 pm – 10:00 pm
Section of Litigation Chair Don Bivens invites Section Annual Conference attendees
to a complimentary cocktail reception at The Phoenician. (Outdoor event: Comfortable
shoes encouraged)
Sponsored by Navigant
Gather with those who share your interest area while enjoying one of Scottsdale’s
fine restaurants. Visit: www.ambar.org/sac2014 and click the Committee Information
tab for details.
Thursday, April 10
Diversity Leadership
Award and John Minor
Wisdom Public Service
& Professionalism
Award Luncheon
12:15 pm – 1:45 pm
$90
A highlight of the Section Annual Conference, this luncheon is presented to celebrate
strides in equality of justice and diversity in the legal community. The John Minor
Wisdom Public Service and Professionalism Award is presented in recognition of
outstanding contributions to the equality of justice. The Diversity Leadership Award
recognizes individuals or entities who have demonstrated a commitment to promoting full and equal participation in the legal community through the encouragement
and inclusion of women, minorities, persons with disabilities, and/or persons of
differing sexual orientations and gender identities.
The John Minor Wisdom Award is sponsored by Stone Pigman Walther Wittmann L.L.C.
The Diversity Leadership Award is sponsored by Navigant
Keynote Speaker:
Janet Napolitano
President of the
University of California
and Former Secretary
of the Department of
Homeland Security
5
Networking Opportunities
Committee Expo
4:30 pm – 6:00 pm
Complimentary
Registration Required
Western-Themed Food
& Cocktails
7:00 pm – 9:00 pm
$100
Mix and mingle with conference attendees while learning more about what Section
of Litigation committees have to offer at this historical law cases-themed expo.
Sponsored by Navigant
Enjoy dinner and dancing while making new connections at this outdoor westernthemed event. We encourage the attendees to wear western attire to enjoy this
experience. Comfortable shoes encouraged.
Sponsored by LexisNexis
Friday, April 11
Practice Area &
Networking
Discussion Luncheons
12:15 pm – 1:30 pm
$45
Gather with other litigators whose practice areas match yours.
These discussions are offered by the following committees:
• Alternative Dispute Resolution
• Appellate Practice
• Business Torts and Unfair Competition
• Class Actions and Derivative Suits
• Commercial and Business
• Corporate Counsel
• Employment and Labor Relations
• Energy
• Ethics and Professionalism
• Expert Witnesses
• Environmental
• Intellectual Property
• Health Law
Sponsored by Decision Quest
• International
• Insurance Coverage
• LGBT Litigator
• Mass Torts
• Minority Trial Lawyer
• Pretrial Practice and Discovery
• Products Liability
• Professional Liability
• Trial Evidence
• Trial Practice
• Trust and Estates Litigation
• The Woman Advocate
6
Schedule at a Glance
Wednesday, April 9
Thursday, April 10
7:00 am – 4:00 pm
Registration
4:00 pm – 5:00 pm
Committee Meetings
6:00 pm – 6:30 pm
First-Timer Reception
6:00 pm – 6:30 pm
Local Bar Association Reception
6:00 pm – 6:30 pm
Corporate Counsel Reception
6:30 pm – 7:30 pm
Welcome Reception
7:30 pm – 10:00 pm
Committee Dinners
7:00 am – 4:00 pm
Registration
8:00 am – 9:30 am
CLE Plenary Session: General Counsel Panel Reveals the
Real Deal
9:40 am – 10:50 am CLE Moldy or Not—the Impact of Comcast on the Future of Class
Action Litigation, Standing and Issue Classes
9:40 am – 10:50 am CLE Winning Advocacy: Oral Argument from the Inside Out
9:40 am – 10:50 am CLE Corporate Liability for Insider Trading and the Government’s
Expanding Theories of Insider Trading
9:40 am – 10:50 am CLE Bits, Bots, and Bytes in the Courtroom—New Technologies of
Evidence Coming Soon To Courtroom Near You (Ethics)
9:40 am – 10:50 am CLE “iLitigation”: Essential Apps and Websites for Litigators
9:40 am – 10:50 am CLE Patent Trolls: Do They Help or Hurt Innovation and Will New
Legislation Kill Them?
9:40 am – 10:50 am CLE Effective Mediation and Settlement Techniques: How Do You
Convince the Other Side It’s Wrong?
11:00 am – 12:10 pm CLE Predictive Coding on Trial
11:00 am – 12:10 pm CLE Contempt of Court—Two Lawyers: A Lynching that Forever
Changed the Practice of Law (Ethics)
11:00 am – 12:10 pm CLE DOMA’s Dead: Now What?
11:00 am – 12:10 pm CLE The Inside View on Securities and Derivative Litigation and
SEC and White Collar Investigations and Prosecutions:
Corporate Counsels’ Perspective
11:00 am – 12:10 pm CLE Your First International Arbitration: Do’s and Don’ts
11:00 am – 12:10 pm CLE TMI: Combating and Leveraging Inadvertent Oversharing in
Litigation
11:00 am – 12:10 pm CLE Hot Internet Litigation Trends
11:00 am – 12:10 pm CLE Selecting the “Right” Testifying Expert, and Best Practices for
Getting the Most out of Your Expert During the Pretrial Phase
of the Litigation
7
Schedule at a Glance
Thursday, April 10
12:15 pm – 1:45 pm
2:00 pm – 3:10 pm
Diversity Leadership Award and John Minor Wisdom
Public Service & Professionalism Award Luncheon
CLE 50 Shades of Settlement Counsel—What Role Is Best for
Your Client?
2:00 pm – 3:10 pm
CLE Lean In for Lawyers
2:00 pm – 3:10 pm
CLE Trying Your First Case: A Practitioner’s Guide (Ethics)
2:00 pm – 3:10 pm
CLE Strategies for Dealing with Investigations and Enforcement
Actions Brought by Multiple Regulators
2:00 pm – 3:10 pm
CLE Course Correction: The Proposed Changes to the Federal
Discovery Rules and How They Can Affect Your Case Now
2:00 pm – 3:10 pm
CLE Web 2.0—Social Media’s Implications for Litigation
3:20 pm – 4:30 pm
CLE The General Counsel Faceoff: A Presidential Town-Hall-
Style Debate
3:20 pm – 4:30 pm
CLE Putting on a Human Face at Trial: Opening Statements and
Closing Arguments
3:20 pm – 4:30 pm
CLE Effective Trial Presentation: How to Use Technology Efficiently
and with Proficiency
3:20 pm – 4:30 pm
CLE The Ethics of “Oops”: Communicating about Mistakes with
3:20 pm – 4:30 pm
CLE Are You Talking to Me? Creating, Communicating, and Admin-
Clients and Others
istering Clear and Compelling Antitrust Compliance
3:20 pm – 4:30 pm
CLE Emerging Challenges in Immigration Litigation: Defending
Your Client
3:20 pm – 4:30 pm
CLE Hot Topics in Renewable Energy
3:20 pm – 4:30 pm
CLE The Data Abyss: Clients, Where Do Your Documents Go When
the Case Is Closed?
Friday, April 11
4:30 pm – 6:00 pm
Committee Expo
7:00 pm – 9:00 pm
Western-Themed Food & Cocktails Event
7:00 am – 4:00 pm
Registration
8:00 am – 9:30 am
CLE Plenary Session: When the Political Process Meets Due
Process: Perspectives on Judicial Elections
9:40 am – 10:50 am CLE Your Place or Mine? In-House E-Discovery Platforms vs.
Software as Services
9:40 am – 10:50 am CLE The SEC’s New Settlement Policy: It Is a Whole New World
9:40 am – 10:50 am CLE Litigating Privacy and Data Breach Issues in 2014
8
Schedule at a Glance
Friday, April 11
9:40 am – 10:50 am CLE Ethical Considerations When Clients and Their Counsel Must
Say Goodbye (Ethics)
9:40 am – 10:50 am CLE Practice Tips and Developments in Handling 30(b)(6)
Depositions
9:40 am – 10:50 am CLE Stressed About Distress: What Happens When One of the
Parties to Your Lawsuit Is in Danger of Filing, or Actually Does
File, Bankruptcy?
11:00 am – 12:10 pm CLE Overwhelmed by Email? Best Practices for Ethics, Law Practice
Management, Discovery, and Trial Evidence (Ethics)
11:00 am – 12:10 pm CLE How and When Do You Want the Government Involved?
11:00 am – 12:10 pm CLE Dealing with Difficult Judges: What They Don’t Teach in Law
Schools
11:00 am – 12:10 pm CLE For the Record, from Start to Finish: Your Case on Appeal Can
Be Greatly Improved by Focusing on Potential Appellate Issues
at Every Step of the Litigation Process
11:00 am – 12:10 pm CLE The Business Implications of High Stakes Litigation: Process,
Players, and Consequences
11:00 am – 12:10 pm CLE Proving Intent and Malice: What Can Civil and Criminal Litiga-
tors Learn from Each Other?
12:15 pm –1:30 pm
CLE Practice Area & Networking Discussion Luncheons
1:40 pm – 2:50 pm
CLE Tom Mauet on Impeachment and Cross-Examination
1:40 pm – 2:50 pm
CLE From Terabytes to Trial Exhibits: Controlling Litigation Costs in
the Digital Age
1:40 pm – 2:50 pm
CLE What Diversity Means to Clients: Benchmarks to Track
Diversity Initiatives and Successful Workplace Practices
1:40 pm – 2:50 pm
CLE Dialing for Dollars—What You Don't Know About the Telemar-
keting Consumer Protection Act, Telemarketing Sales Rule and
the Fair Debt Collection Act Could Cost Your Clients a Fortune
1:40 pm – 2:50 pm
CLE When the Lights Go Out: Claims and Coverage for Business
Interruption after Superstorm Sandy
1:40 pm – 2:50 pm
CLE Tales from the Trenches: Business Divorces
3:00 pm – 4:15 pm
CLE Plenary Session: A View from the Bench—How Lawyers
and Courts Can Make Jury Trials Better
9
CLE Programs
Wednesday, April 9
Anatomy of a Trial: The Trial
of Wyatt Earp
8:00 am – 5:30 pm
Attend a one-day trial training boot camp for young lawyers featuring star
litigators from across the United States. Based on The Trial of Wyatt Earp, this
training will cover topics including case analysis, theory of the case, civility,
opening statements, direct examination, cross examination, and closing arguments. Presented by the Litigation Institute for Trial Training.
To register for the Anatomy of a Trial program, please visit
www.ambar.org/sac2014 and click the Anatomy of a Trial tab.
Thursday, April 10
Plenary Session:
General Counsel Panel
Reveals the Real Deal
8:00 am – 9:30 am
An all-star general counsel panel will speak candidly about major hot topics
including privacy, the Internet, Fortune 500 companies, and exciting new
growth areas. Hear what they really think about their relationships with firms
and such considerations as the diversity in the firms they hire. Hear fascinating
war stories about taking companies public, bet-the-company lawsuits, creating
cutting-edge law, and growing a company from garage to $4 billion venture.
Moldy or Not—the Impact of
Comcast on the Future of Class
Action Litigation, Standing and
Issue Classes
9:40 am – 10:50 am
Has the Supreme Court ended the use of class actions—at least for money
damage cases? How far does the language from Comcast go? Will the Court
adopt a standing requirement for class members? What is the future in light of
the moldy washer decisions from the Sixth and Seventh Circuits?
Winning Advocacy:
Oral Argument from the
Inside Out
9:40 am – 10:50 am
Before presenting a mock oral argument, two advocates will privately share
their strategies and concerns. The judges will then privately share their greatest areas of interest. The argument follows. Afterward, the panel will discuss
the strategies used and provide best practices in preparing for oral argument.
Corporate Liability for Insider
Trading and the Government’s
Expanding Theories of
Insider Trading
9:40 am – 10:50 am
The recent decision by the United States Attorney for the Southern District of
New York to bring charges against SAC Capital for insider trading by certain
of the fund’s traders and the Securities and Exchange Commission’s lawsuit
seeking to hold SAC Capital liable for failing to supervise those traders’ trading
activities potentially highlight a new government focus on holding corporate
entities responsible for insider trading committed by their employees. At the
same time, recent cases brought by both the DoJ and SEC demonstrate that
the government is attempting to expand the existing theories of insider trading
liability. What new insider trading theories is the government pursuing? What
factors is the government using to determine whether to assert criminal
charges or civil claims against corporations for insider trading by their
employees? What can corporations do to avoid these charges or claims? What
defenses are available after charges or claims have been filed? This panel,
which will be comprised of lawyers representing the DoJ, SEC, and white collar
criminal defense bar, will explore these questions and more.
Bits, Bots, and Bytes
in the Courtroom—New
Technologies of Evidence
Coming Soon To Courtroom
Near You (Ethics)
9:40 am – 10:50 am
This session will examine new types of technological evidence—including
genetic, surveillance technology, neuroscience and social media evidence—
that will play an increasingly important role in litigation in the future. The
profound scientific, evidentiary, ethical and policy issues raised by these new
types of technology evidence will be discussed. Panelists will specifically look
at examples of issues related to the tools of modern science that increasingly
intersect with an attorney’s ethical duties, as well as evidentiary rules.
10
CLE Programs
Thursday, April 10
“ iLitigation”: Essential Apps
and Websites for Litigators
9:40 am – 10:50 am
Searching the thousands of apps available in the App Store for the “needle in
the haystack” you can use in your law practice is a daunting task. Do not fear!
A panel of app experts and i-savvy litigators will provide an interactive tutorial
of the apps and websites every litigator can use to enhance the practice of law.
Patent Trolls: Do They Help or
Hurt Innovation and Will New
Legislation Kill Them?
9:40 am – 10:50 am
So-called “patent trolls” are the subject of at least six bills in Congress, one
state has already passed a law to limit their activities, and President Obama
has announced his own multipoint initiative to tackle the supposed problem.
Is there a problem that needs to be fixed and will these proposals fix it? This
program will feature a debate over whether patent trolls are helpful or harmful,
and a review of recent legislative proposals and enactments and their likely
effect in actions by patent trolls and other cases.
Effective Mediation and
Settlement Techniques: How
Do You Convince the Other
Side It’s Wrong?
9:40 am – 10:50 am
When each side is convinced it is right, how do you convince the other to settle
for what you consider reasonable consideration, particularly if court rulings
have given your opponent an inflated strength? This program will explore these
questions from the points of view of plaintiff and defense, large case and
small, counsel, and mediator.
Predictive Coding on Trial
11:00 am – 12:10 pm
Learn about technology assisted document review, aka “predictive coding”—
what it is, when it’s appropriate to use, when and how to coordinate with
opposing counsel on its use, and what courts have recently said about the use
of this budding technology that is revolutionizing e-discovery.
Contempt of Court—Two
Lawyers: A Lynching that
Forever Changed the Practice
of Law (Ethics)
11:00 am – 12:10 pm
This unique and moving CLE presentation, based on Curriden’s award-winning
and best-selling book, Contempt of Court, addresses the myriad ethical and
professionalism issues from a precedent-setting Supreme Court case. This
program will also address the role of zealous advocate and defense of a
politically unpopular client.
DOMA’s Dead: Now What?
11:00 am – 12:10 pm
The Supreme Court’s recent ruling striking down the Defense of Marriage
Act (DOMA) is more than an emotional and moral victory for proponents of
same-sex marriage. Many believe that this ruling will have sweeping effects
concerning employment issues, benefits, taxes, and inheritance. Our panel of
experts will explore the potential practical ramifications of this landmark ruling.
The Inside View on
Securities and Derivative
Litigation and SEC and White
Collar Investigations and
Prosecutions: Corporate
Counsels’ Perspective
11:00 am – 12:10 pm
Coming from the perspective of GCs and corporate counsel, this program
will explore what in-house counsel look for when retaining counsel; the dos
and don’ts of pitches; the competing interests in-house counsel face; tips for
plaintiffs’ firms; what counsel representing individual D&Os should know; and
best and worst practices.
Your First International
Arbitration: Do’s and Don’ts
11:00 am – 12:10 pm
For attorneys new to international arbitration or who contemplate having such
a case in the near future, this program will alert U.S. attorneys to major issues
they need to be aware of in international arbitration and discuss ways in which
it differs from U.S. civil proceedings. The panel will address the basic dos and
don’ts unique to international arbitration.
11
CLE Programs
Thursday, April 10
TMI: Combating and
Leveraging Inadvertent
Oversharing in Litigation
11:00 am – 12:10 pm
An interactive presentation showing how geo-location and other metadata
silently records detailed information about our activities using the pictures
we take, the files we create, and the devices we carry 24/7. This presentation
will include live demonstrations of methods used to uncover, draw meaning
from, leverage during litigation, and purge this unseen tracking and reference
information from the files and devices we handle daily (case studies included).
Hot Internet Litigation Trends
11:00 am – 12:10 pm
Listen to this panel of in-house tech litigators about the hot trends in Internet
litigation, ranging from privacy to take downs to contract litigation, and get
insights on what keeps them up at night.
Selecting the “Right”
Testifying Expert, and Best
Practices for Getting the Most
Out of Your Expert During the
Pretrial Phase of the Litigation
11:00 am – 12:10 pm
The panel of seasoned corporate and outside counsel and experts will share
their tips and experiences for assessing experts before the expert is hired, and
maximizing the use of the expert in the pretrial phase of litigation, including
assisting in discovery, providing support in mediation, and development of
expert reports.
50 Shades of Settlement
Counsel—What Role Is Best
for Your Client?
2:00 pm – 3:10 pm
Approximately 2 percent of cases actually go to trial. Even then, after the jury
comes back, or a judgement is entered, cases get resolved in a negotiated
settlement much of the time. Considering what takes place in 98 percent of all
cases, does resolution get the focus warranted? Whether it is outside counsel,
in-house counsel or a specialized counsel, the role of “settlement counsel”—in
many cases the point person for resolution—is critical in getting the result the
client wants. In most complex commercial litigation, the preferred exit strategy
is a negotiated resolution or business deal, as opposed to the blunt jury verdict.
This panel will present the various ways settlement counsel can appear in
disputes and how they work toward resolution—collaboratively with trial
counsel without compromising the litigation strategy.
Lean In for Lawyers
2:00 pm – 3:10 pm
While the public debate ignited by Lean In (Sandberg) and Why Women Can’t
Have It All (Slaughter) did not focus on lawyers, it contains lessons for the
profession. A multi-generational panel comprised of the president of
Ms. JD, a trial lawyer, and an in-house lawyer highlights creative ways
women litigators take charge of their careers to have “their” all. Audience
participation welcome.
Trying Your First Case: A
Practitioner’s Guide (Ethics)
2:00 pm – 3:10 pm
This “how-to” program teaches young lawyers the nuts and bolts of dealing
ethically and professionally with jurors, witnesses, and the court when trying
a case. Topics include voir dire, objections and motions, use of exhibits and
technology, witness examinations, and ethics and professionalism.
Strategies for Dealing
with Investigations and
Enforcement Actions Brought
by Multiple Regulators
2:00 pm – 3:10 pm
What do you do when multiple regulators converge on your client at once? A
panel of current and former regulators and in-house and outside counsel will
discuss strategies for managing and resolving investigations and enforcement
proceedings brought on multiple fronts.
Course Correction: The
Proposed Changes to the
Federal Discovery Rules and
How They Can Affect Your
Case Now
2:00 pm – 3:10 pm
Using a hypothetical case, the panel will discuss current discovery
requirements and contrast them with the system contemplated under the
proposed rules. Topics covered will include defining the scope of discovery,
e-discovery techniques, spoliation, balancing and cost-shifting, and judicial
oversight of the process.
12
CLE Programs
Thursday, April 10
Web 2.0—Social Media’s
Implications for Litigation
2:00 pm – 3:10 pm
Almost 130 million people own smartphones in the U.S. today. Facebook
claims to have 655 million active users each day, and LinkedIn has more than
200 million users. One source claims that more than one billion tweets are
sent every two to three days. Our high-tech world of easy over-sharing poses
challenges for litigators and jurors, and the implications arise well before a
case is ready for trial. Our panel will explore these challenges and implications,
as well as related issues that arise in the Web 2.0 world.
The General Counsel Faceoff:
A Presidential Town-Hall-Style
Debate
3:20 pm – 4:30 pm
General counsel square off in a presidential town-hall-style debate about a
range of hot topics, including whether it is the role of the general counsel to
serve as the conscience of the company, alternative fee arrangements and
the billable hour, and diversity in the legal profession. Audience members will
participate with instant polling technology.
Putting on a Human Face at
Trial: Opening Statements and
Closing Arguments
3:20 pm – 4:30 pm
How does a great trial lawyer humanize his or her client, whether they be a
giant corporation or a criminal defendant? Other than jury selection, openings
and closings are the only opportunities that a lawyer has to speak directly to
the jury. Openings lay the ground work for the jury to be open-minded about
the client, despite preconceptions. Closings give you a chance to bring the
case home. With so much riding on these statements, it is imperative that you
get them right. This panel will explore strategies and techniques for delivering
winning openings and closings.
Effective Trial Presentation:
How to Use Technology
Efficiently and with
Proficiency
3:20 pm – 4:30 pm
The Solo and Small Firm Committee, Technology for the Litigator Committee,
and Trial Practice Committee have combined efforts to produce a program
that will help litigators effectively use technology during trial in any case
(large or small) without breaking the bank and while avoiding common
technology pitfalls.
The Ethics of “Oops”:
Communicating about
Mistakes with Clients
and Others (Ethics)
3:20 pm – 4:30 pm
This program will discuss the ethics of communicating about attorneys’
mistakes committed in the course of a representation. A mistake may give rise
to duties of disclosure and potential conflicts of interest. The particular species
of conflict is often misunderstood or not appreciated. Not complying with those
duties and addressing the potential conflicts of interest will inevitably make
a bad situation worse. The program will also examine whether and when an
attorney’s communications about a mistake may be protected by the attorneyclient privilege from discovery by the client, a proposition that often exists in
tension with the attorney’s ethical obligations to the client.
Are You Talking to Me?
Creating, Communicating,
and Administering Clear
and Compelling Antitrust
Compliance
3:20 pm – 4:30 pm
This panel will address the use of antitrust compliance programs and
counseling as effective tools to minimize the expense and possible damages
liability that can result from governmental antitrust enforcement efforts,
class actions, and other private litigation. The panel will provide guidance
on how to evaluate whether programs have been properly crafted to address
pertinent corporate issues; assess whether programs are being successfully
implemented, and if necessary, update existing programs in a cost-effective
way by conducting a robust risk analysis within the framework of the relevant
regulatory environment and corporate industry and; use the existence and
efficacy of such programs (or lack thereof) in developing litigation strategies.
The panel will be equally useful to companies that do not have formal antitrust
compliance programs in place because it will offer best practices regarding
how to create and provide effective antitrust compliance counseling, thereby
minimizing subsequent potential litigation-related liability, and perhaps even
cutting short unwarranted governmental investigations.
13
CLE Programs
Thursday, April 10
Emerging Challenges in
Immigration Litigation:
Defending Your Client
3:20 pm – 4:30 pm
U.S. immigration law has been in flux over the last decade, with several
important cases even reaching the Supreme Court. This panel will discuss
pressing issues that must be considered when representing an international
client in immigration proceedings, including how to cope with the everchanging legal and policy landscape.
Hot Topics in
Renewable Energy
3:20 pm – 4:30 pm
This program will focus on an overview of one of today’s hottest industries—
renewable energy. Ardeth Barnhart, director of renewable energy for the
Institute of the Environment at the University of Arizona, will launch the
presentation with a description of the state of renewal energy around the
country, including an overview of where the technology is, the costs of the
technology, and what types are emerging. The program will flow into a
discussion of recent litigation in the area, including the panelists’ predictions of
what further litigation, including but not limited to real estate, construction and
product liability litigation, practitioners can expect to confront in the coming
months and years.
The Data Abyss: Clients,
Where Do Your Documents Go
When the Case Is Closed?
3:20 pm – 4:30 pm
After years of protracted wrangling, your case has settled. But don’t celebrate
just yet. Do you know where all copies of your documents are—the ones that
were turned over to outside counsel, consultants, forensic experts, processing
vendors, database-hosting providers and opposing counsel? Chances are that
at least some of those copies are far less protected than if they were sitting
behind the corporate firewall. Are clients and their law firms on the same page
when it comes to managing client documents and data that are put in the
hands of third parties in connection with litigation or other legal matters? This
panel of experienced practitioners will take you through a series of scenarios to
explore best practices that clients and their law firms can implement to avoid
falling into the “data abyss.”
Friday, April 11
Plenary Session: When the
Political Process Meets Due
Process: Perspectives on
Judicial Elections
8:00 am – 9:30 am
Current and former judicial officers discuss the merits and pitfalls of judicial
elections and address studies concerning the effects of judicial elections on
case outcomes. The justices will share their personal experiences with the
election, retention, and recall processes. For example, one justice will describe
running for the Oregon Supreme Court as an openly gay man at a time when
that court was expected to have to rule on the validity of marriage licenses
issued to same-sex couples.
Your Place or Mine? In-House
E-Discovery Platforms vs.
Software as Services
9:40 am – 10:50 am
This session will discuss the push to bring ESI discovery software and hosting
services in-house to reduce cost. Does it reduce costs? Does it make costs
more predictable? What are the challenges and ultimate cost savings?
The SEC’s New Settlement
Policy: It Is a Whole
New World
9:40 am – 10:50 am
The SEC recently announced a historic change in its settlement policy—
requiring, in certain circumstances, an admission of wrong doing. The program
will explore the history behind this change, how the policy is likely to be
applied, and its practical repercussions, including on class actions, insurance
coverage, and parallel proceedings.
14
CLE Programs
Friday, April 11
Litigating Privacy and Data
Breach Issues in 2014
9:40 am – 10:50 am
First comes the data breach—compromised privacy, cyber espionage,
exfiltrated secrets, and hacked-down networks. Next follows the intertwined
litigations and enforcement actions—B2B litigation, class actions, shareholder
demands, regulatory enforcement, and more. This panel addresses litigating
tomorrow’s data breach case: tracking digital evidence, litigating security
standards, and identifying emerging multi-dimensional litigation in cyberspace
for 2014.
Ethical Considerations When
Clients and Their Counsel
Must Say Goodbye (Ethics)
9:40 am – 10:50 am
This panel will explore the professional and ethical obligations attendant to
the termination of the attorney-client relationship, whether due to conflict
communication break-down, or disagreement in case handling/strategy or
billing/payment issues. Panel members will include in-house and outside
counsel, as well as a malpractice insurance representative to highlight what
NOT to do in this situation, and an ethics specialist.
Practice Tips and
Developments in Handling
30(b)(6) Depositions
9:40 am – 10:50 am
This program will feature a mock 30(b)(6) deposition and oral argument on
a motion to compel/motion for protective order, followed by discussion,
highlighting the ways in which depositions of organizations can be handled
cost-effectively and efficiently. Counsel will learn the ins, outs, and strategic
considerations of this valuable discovery tool.
Stressed About Distress: What
Happens When One of the
Parties to Your Lawsuit Is in
Danger of Filing, or Actually
Does File, Bankruptcy?
9:40 am – 10:50 am
All litigators eventually encounter the situation where one of the parties to
their lawsuit is in financial distress. Often, such a scenario affects the dynamics
of the lawsuit, and in particular, settlement negotiations. And if one of the
parties ultimately files for bankruptcy, there are new rules and a new forum
that the parties need to be prepared for. This program will discuss what every
litigator should know in order to be prepared for the inevitable—the financial
distress of, and perhaps a bankruptcy filing by, one of the parties.
Overwhelmed by Email?
Best Practices for Ethics,
Law Practice Management,
Discovery, and Trial
Evidence (Ethics)
11:00 am – 12:10 pm
Effectively managing email is an art. Its impact extends from ethics to
evidence. The presenters will discuss ethics (solicitation, advertising, privilege
waiver, confidentiality), pre-trial discovery (ESI protocols, production/review,
privilege logs), and trial evidence (hearsay, authentication, presentation). They
will also offer best-practice solutions (including software) to mitigate common
email anxieties.
How and When Do You Want
The Government Involved?
11:00 am – 12:10 pm
The theft of IP/trade secrets, counterfeiting, data breaches, fraud, competitors
engaged in illegal activity—whether to reach out to the government for
help is a difficult question. This program will explore the advantages and
disadvantages of doing so, who to contact, and how to package your case
for acceptance.
Dealing with Difficult Judges:
What They Don’t Teach in Law
Schools
11:00 am – 12:10 pm
Trial judges who exceed the bounds of discretion, ignore positive law or
disregard their jurisdictional limits during trial present challenges to any lawyer,
regardless of experience. This program will present short vignettes from actual
trials where judges exceeded the bounds, followed by a panel discussion.
Panelists, including a trial judge and trial counsel, will offer practical strategies
to assist lawyers in determining whether the errors reflect simple judicial
error, or worse, and effective processes to insure an accurate record for
appellate review.
15
CLE Programs
Friday, April 11
For the Record, from Start to
Finish: Your Case on Appeal
Can Be Greatly Improved
by Focusing on Potential
Appellate Issues at Every Step
of the Litigation Process.
11:00 am – 12:10 pm
It is never too early to begin shaping the trial court record for the appellate
courts. This program will provide litigators with needed guidance on properly
developing the record during the pretrial stage. The panel of seasoned
appellate lawyers will also discuss interlocutory appeals and reversible errors
that commonly occur during pretrial proceedings.
The Business Implications
of High Stakes Litigation:
Process, Players, and
Consequences
11:00 am – 12:10 pm
We will discuss best practices on managing the high stakes litigation process
and effective communication strategies for use during the process. The
panel will also discuss how to identify the potential pool of key players who
are likely most invested in the litigation outcomes and the consequences of
those outcomes.
Proving Intent and Malice:
What Can Civil and Criminal
Litigators Learn from
Each Other?
11:00 am – 12:10 pm
Criminal intent, mens rea, must be proven as an element of almost all crimes.
For copyright infringement, patent infringement, and various other civil causes
of action, plaintiffs also require a showing of intent, bad faith, etc. Why don’t
the criminal and civil litigators compare notes on how best to prove intent?
Using several hypothetical fact scenarios (civil and criminal), hopefully realworld examples from the panelists, the panel will explain how best to present
intent evidence to the fact finder, touching on the applicable rules of evidence,
discovery strategy, and trial strategy.
Tom Mauet on Impeachment
and Cross-Examination
1:40 pm – 2:50 pm
This former Cook County prosecutor and Illinois assistant U.S. attorney will
examine the subtleties and nuance of impeachment. Professor Mauet will
discuss the law governing impeachment, and demonstrate tried and true
techniques for effective cross-examination. He will also provide key insight into
avoiding common mistakes inherent in impeachment through oral and signed
statements, transcripts, and omissions.
What Diversity Means to
Clients: Benchmarks to Track
Diversity Initiatives and Successful Workplace Practices
1:40 pm – 2:50 pm
Without the elimination of bias, many litigants may feel disenfranchised in a
system that lacks diversity in all forms, including an absence of participation of
varied life experiences. This program will focus on a discussion of how to avoid
bias in the workplace and litigation.
From Terabytes to Trial
Exhibits: Controlling Litigation
Costs in the Digital Age
1:40 pm – 2:50 pm
By revealing common mistakes with data management and early litigation
decisions, this panel walks participants through avoiding the data management
and e-discovery pitfalls and snares in today’s data-driven litigation. The
panel will offer workable recommendations to address ever-increasing cost
considerations associated with getting from terabytes to trial exhibits.
Dialing for Dollars—What
You Don’t Know about the
Telemarketing Consumer
Protection Act, Telemarketing
Sales Rule and the Fair Debt
Collection Act Could Cost Your
Clients a Fortune
1:40 pm – 2:50 pm
Hear from experienced panelists about some of the latest trends in consumer
litigation. Learn how to identify actionable violations and potential exposure
before becoming a target; and explore strategies for responding to threatened
or actual litigation should it arise.
16
CLE Programs
Friday, April 11
When the Lights Go Out: Claims
and Coverage for Business
Interruption after Superstorm
Sandy
1:40 pm – 2:50 pm
After Sandy, insurance claims were made for business interruption,
and lawsuits will follow. This program provides perspectives from
policyholders, insurers, and litigators on issues related to business
interruption claims and coverage. Topics include typical coverages and
limitations for business interruption claims, and issues faced in submitting
claims and litigating coverage.
Tales from the Trenches:
Business Divorces
1:40 pm – 2:50 pm
An expert panel comprised of a business divorce blogger, a valuation expert,
and a corporate law professor uses vignettes to outline the duties of business
owners to their co-owners, identify best practices for winding down, and
recommend solutions for common problems arising from amicable and not-soamicable business divorces.
Plenary Session: A View from
the Bench—How Lawyers and
Courts Can Make Jury Trials
Better
3:00 pm – 4:15 pm
Experienced judges will discuss jury reforms that have made jury trials better
“searches for truth,” and will provide comments on characteristics and
techniques that can help trial lawyers recognize good and bad lawyering in
the fishbowl of the jury trial. Attendees will be encouraged to ask questions
throughout this program.
Can’t Attend SAC in Scottsdale, AZ? Stay up to date and sign up for one or all three
valuable webinars:
Webinar One: Effective
Mediation and Settlement
Techniques: How Do You
Convince the Other Side It’s
Wrong?
Thursday, April 10
3:00 pm – 4:15 pm ET
When each side is convinced it is right, how do you convince the other to settle
for what you consider reasonable consideration, particularly if court rulings
have given your opponent an inflated strength? This program will explore
these questions from plaintiff and defense, large case and small, counsel and
mediator.
Webinar Two: Course
Correction: The Proposed
Changes to the Federal
Discovery Rules
and How They Can Affect
Your Case Now
Friday, April 11
11:00 am –12:15 pm ET
Using a hypothetical case, the panel will discuss current discovery
requirements and contrast them with the system contemplated under the
proposed rules. Topics covered will include defining the scope of discovery,
e-discovery techniques, spoliation, balancing and cost-shifting, and judicial
oversight of the process.
Webinar Three: From
Terabytes to Trial Exhibits:
Controlling Litigation Costs in
the Digital Age
Friday, April 11
1:00 pm – 2:15 pm ET
By revealing common mistakes with data management and early litigation
decisions, our panel walks participants through avoiding the data management
and e-discovery pitfalls and snares in today’s data-driven litigation. We
will offer workable recommendations to address ever-increasing cost
considerations associated with getting from terabytes to trial exhibits.
To sign up for these webinars, please visit:
http://www.americanbar.org/groups/cle/partners/litigation.html
17
General Information
Hotel Information
The Phoenician
6000 East Camelback Road
Scottsdale, AZ 85251
For reservations, call (480) 941-8200 or visit http://bit.ly/1fHikox.
For the group rate of $325/night for single/double occupancy plus tax, please
reference the ABA Section of Litigation 2014 Section Annual Conference.
Airline Information
The American Bar Association has an online travel site where you can obtain
ABA-negotiated airfare discounts. ABA Orbitz for Business enables you to
purchase the best airfare at the time of your reservation by providing you with
the ability to search for and compare fares from virtually every airline servicing
the destination. Reservations with ABA Orbitz for Business can be can be
accessed at www.americanbar.org/travel or by calling (877) 222-4185.
Hotel Cutoff: March 17, 2014. All reservations are subject to availability. Group
rates are not guaranteed after March 17, 2014.
American Airlines: (800) 433-1790 ABA Discount Code: A5414SS / Discount NOT available at www.aa.com
United Airlines: (800) 426-1122 Meetings Agreement Code: 461920 Z Code: ZR45 / Discount available at
www.united.com Online Discount Code: ZR45461920
Delta Airlines: (800) 328-1111 ABA File Meeting Code Domestic: NMFUD / ABA File Meeting Code
International: NMGGY / Discount available at www.delta.com Online Meeting Event Code: NMFUD
Virgin America Airlines: ABA Discount Code: VXABA312 / Discount available at www.virginamerica.com
Ground Transportation
Transtyle offers two types of discounted pick-up services at the airport to the
Phoenician. Curbside pick up (guests call when ready, and the Transtyle directs the
guests outside) or a Meet & Greet (drivers wait inside baggage claim with a sign).
To make a reservation, please visit the Transtyle website www.transtyle.com or call
(480) 948-6131. The rates which include tax and gratuity are as follows:
Curbside
Sedan
SUV
Meet & Greet
Passengers
One Way
Round Trip
4 max
$45
$90
One Way Round Trip
$75
$150
5–6 max
$69
$138
$99
$198
Cancellation Policy
To receive a full refund for your registration fee and/or social events, a written
request must be received on or before Friday, March 14, 2014. Cancellations
may be sent via e-mail to Daniela Saporito at Daniela.Saporito@americanbar.
org or by fax (312) 988-6234. There will be an administrative fee of $50
deducted from the refund. No refunds will be provided for cancellations
after Friday, March 14, 2014; however, substitute registrants are welcome.
Registrants who do not cancel within the allotted time period and who do
not attend the seminar will receive a copy of the program course materials
following the conference. The ABA reserves the right to cancel any programs
and assumes no responsibility for personal expenses. Refund requests will be
processed 30 days after the meeting concludes.
Activities
Scottsdale offers an abundance of activities and services to create a unique
experience for everyone including desert tours, flatwater rafting, Hummer tours,
and horseback riding. Local destination management company GEP Arizona
offers 2014 Section Annual Conference group rates and advance registration for
the above-mentioned activities. For more details please visit: www.regonline.
com/ABA2014Tours.
Committee Networking
Dinners Information
For more details regarding committee dinners please visit: ambar.org/sac2014
and click Committee information tab
18
Sponsorship
The ABA Section of Litigation would like to thank the following sponsors for their generous support of
the 2014 Section Annual Conference:
Section Sponsors
Meetings Sponsor
Law Firm Sponsors
Premier Gold Level Sponsors
Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
Clifford Law Offices
Cooley LLP
Jenner & Block LLP
Joseph Hage Aaronson LLC
Quarles & Brady
Snell & Wilmer L.L.P.
Gold Level Sponsors
Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
Silver Level Sponsors
Arizona Summit Law School
Bonnett, Fairbourn, Friedman & Balint, P.C.
Osborn Maledon, P.A.
Thompson Coburn LLP
Bronze Level Sponsors
Balch & Bingham LLP
Ballard Spahr LLP
BDO USA, LLP
Bryan Cave LLP
Butler Snow LLP
Carlton Fields Jorden Burt
Cohen Kennedy Dowd & Quigley, P.C.
Greenberg Traurig, LLP
Hunton & Williams LLP
Jennings, Strouss & Salmon, PLC
Lum, Drasco & Positan, LLC
Miller Canfield P.L.C.
Polsinelli PC
Roshka DeWulf & Patten
Schiff Hardin LLP
Shook, Hardy & Bacon L.L.P.
Steptoe & Johnson, LLP
Weil, Gotshal & Manges LLP
Supporters
Gust Rosenfeld P.L.C.
Kieve Law Offices
Podvey, Meanor, Catenacci, Hildner, Cocoziello & Chattman
Schoeman Updike Kaufman Stern & Ascher LLP
Tydings & Rosenberg
A group in formation. To sponsor this
conference, please contact Donna Baker at
Donna.Baker@americanbar.org
19
Registration Form
Advance Registration Deadline: Friday, March 14, 2014
First/Last Name (as it should appear on badge)
ABA I.D. # (the number is above your name on the mailing label)
Company/Affiliation
Mailing Address
Apt/Suite
City
StateZip
TelephoneFax
Email
Accompanying Spouse/Guest
Special Dietary Needs
(please include full name, city, and state as it should appear on badge)
(providing your email address allows you to receive promotions and
communications from the ABA and its entities)
Before
2/24/14
Registration Fees
After
2/24/14
l Section Member, Discounted Rate
$599
$699
l ABA Member
$799
$899
l ABA Member to Join Section
$699
$799
l First-Time Attendee
$399
$499
l First-Time ABA Member Attendee to Join Section
$440
$540
l Gov't/Academic/Judge/Public Service
$359
$359
l Law Student
$25
$25
l Non ABA Member
$999
$1,099
l One Day Pass / Select One l April 10 l April 11
$499
$599
l Speakers (Full Conference)
$499
$499
l Young Lawyers
$399
$399
l In-House Counsel (First 50 Free)
$0
$0
l Section of Litigation Webinars (on page 16)
l Webinar 1 l Webinar 2 l Webinar 3
$95 each
$228 for
all three
Register: http://www.americanbar.org/groups/cle/partners/litigation
Ticketed Events
Qty.
$/Person
Four Easy Ways
to Register:
Visit:
www.ambar.org/sac2014
Call: (800) 285-2221
Fax: (312) 988-6234
Mail: ABA Section
of Litigation,
Attn. Daniela Saporito
321 North Clark Street,
18 Fl, Chicago, IL 60654
Method of Payment
l Enclosed is a check
$0
$
April 9: Local Bar Reception
$0
$
April 9: Corporate Counsel Reception
$0
$
April 9: Welcome Reception
$0
$
April 10: Diversity Leadership Award and John Minor
Wisdom Award Luncheon
$90
April 10: Committee Expo
$0
$
April 10: Western-Themed Food & Cocktails-Adult
Western-Themed Event-Child
$100
$50
$
April 11: Practice Area & Networking Discussion
Luncheons / List Specific Committee:
$45
$
following Credit Card:
l AMEX
l VISA
l Mastercard
Card #
Expiration Date:
Signature:
$
To register for the Anatomy of a Trial program, please visit www.ambar.org/sac2014 and click the Anatomy of a Trial tab.
(Payable to the American
Bar Association)
l Charge to the
Total
April 9: First-Timer Reception
#
Print Name:
(as it appears on card)
Total Enclosed: $
ver 45
progr CLE
a
9 netw ms &
orki
event ng
s
Featu
ring
o
www.ambar.org/sac2014
The Phoenician
April 9–11, 2014
Scottsdale, AZ
Section Annual
Conference
321 North Clark Street
Chicago, IL 60654
Non-Profit Org.
U. S. Postage
PAID
American Bar Association