the state bar of california litigation section ......litigation section’s trial lawyer hall of...

SPONSORSHIP OPPORTUNITIESOCTOBER 14, 2017SAN FRANCISCO

THE STATE BAR OF CALIFORNIA LITIGATION SECTION presents THE INAUGURAL LITIGATION SUMMIT AND THE INAUGURAL APPELLATE SUMMIT

Earn up to 13.5 Hours

MCLE Credit

Includes Legal Ethics and Legal SpecializationOCTOBER 13 AND 14, 2017Marriott Union Square480 Sutter StreetSan Francisco, CA 94108

October 6 Program Registration Deadline For best rates, register by September 25

The Litigation Summit / October 13 KEYNOTE LUNCHEON SPEAKER Chief Justice of California Tani Cantil-Sakauye

The Appellate Summit / October 14 KEYNOTE BREAKFAST SPEAKER California Court of Appeal Justice Arthur Gilbert

The Appellate Summit / October 14 KEYNOTE LUNCHEON SPEAKER California Solicitor General DuMont

http://litigation.calbar.ca.gov #callitigationsummit

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IntroducingT h e L i t i g a t i o n S u m m i t a n d T h e A p p e l l a t e S u m m i t

bringing together legends of the bench and the bar

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THE LITIGATION SUMMITFriday, October 13, 2017Total 7.75 Hours of MCLE

Join the Litigation Section for its first ever Litigation Summit. This will be a unique gathering of notable jurists and courtroom legends who will spend the day sharing their insights and imparting their wisdom. Hear from Chief Justice Cantil-Sakauye about her life experiences and her views on effective advocacy. Topnotch panelists will update you on 2017 litigation-related developments; Trial Lawyer Hall of Fame members will demonstrate key trial skills; a panel of accomplished in-house attorneys will tell you what they really want from their outside litigators; seasoned trial judges will teach you how to be more effective in the courtroom; and the exceptional lawyers who tried Oracle v. Google will dissect that hot trial for you.

THE APPELLATE SUMMITSaturday, October 14, 2017

Total 5.75 Hours of MCLEIncludes 5.75 Hours of Legal Specialization Credit in Appellate Law and 1 Hour Legal Ethics

This inaugural Appellate Summit will update you on the latest developments in appellate practice and will provide invaluable insights from appellate justices, trial judges and appellate experts from across the state. The breakfast keynote will feature a lively presentation from Presiding Justice Arthur Gilbert of the Second District Court of Appeal on brief writing, and the luncheon keynote will feature a not-to-be-missed discussion with California Solicitor General Ed Dumont.

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General Info

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T h e L i t i g a t i o n S u m m i t a n d A p p e l l a t e S u m m i t


CONFERENCE REGISTRATIONPre-registration deadline is October 6, 2017

The conference registration fee includes your choice of attendance at the MCLE courses, course materials, continental breakfast, lunch and networking reception. Sign-up today online at http://litigation.calbar.ca.gov

Deadlines/Registration Fees

For the best rate, register by September 25, 2017. After September 25th, rates increase by $50.00. Registrations must be received by Friday, October 6, 2017.

Section Member Rates received by September 25. Fee increases by $50 after September 25.

The Litigation Summit OR The Appellate Summit

� $295 Litigation Section Members � $390 Non-Litigation Section Members � $195 Government/Non-Profit

The Litigation Summit AND The Appellate Summit

� $495 Litigation Section Members � $590 Non-Litigation Section Members � $295 Government/Non-Profit

Non-Section Member Rates include a $95 enrollment in the Litigation Section for 2018 and the remainder of 2017.

Registration Process/Forms

Register online at: http://litigation.calbar.ca.gov/

Mail registration form to: Program Registrations The State Bar of California 180 Howard Street San Francisco, CA 94105

Fax registration form to: Program Registrations at 415-538-2368. Visa or MasterCard payment is required for all registrations. We do not accept American Express.

Onsite Registration is limited and subject to availability.

Registration Cancellations and Refunds/Substitutions

All cancellations must be made in writing and received no later than October 6, 2017. All refunds are subject to a non-refundable fee of $50. Substitute registrants are permitted but must register in their own name at the conference to receive MCLE credit.

On-Site registration

Limited and subject to availablility. Please register in advance.

Questions/Special Assistance

For assistance, please call 415-538-2546. For registration questions, please call 415-538-2508.

MCLE

The State Bar of California and the Litigation Section are approved State Bar of California MCLE providers.

Conference Program Materials

Conference materials will be available online before the conference and provided on a USB drive at the conference. Wi-Fi is not available in the conference rooms. No printed materials will be provided at the conference. We recommend that you preview the materials when they are posted online and copy conference materials that you wish to reference during the program to your electronic device beforehand.

Program Planning Committees

LITIGATION SUMMIT COMMITTEE

ChairThomas Greene

Vice ChairGeorge Wailes

Marketing and SponsorshipMegan Rowe

MembersKathleen BrewerCynthia Elkins

Terrance EvansJoshua Klein

Jessica Riggin

Norm RodichTimothy SullivanMichelle WolfeBryant Yang

APPELLATE SUMMIT COMMITTEE

ChairPaula Mitchell

Secretary Katy Graham

Vice ChairKarli Eisenberg

Immediate Past Chair

Paul Killion

MembersMarsha Amin

Barbara BiagasSyda CogliatiJohn Derrick

Herb FoxNathaniel Garrett

Audra IbaraMichael Mongan

Scott ReddieErin Smith

Leah SperoMarcy-Christine

SungailaGregory WolffKelly Woodruff



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sThe Litigation Summit

Friday, October 13, 2017Total 7.75 Hours of MCLE

7:30 AM – 9:00 AM Breakfast and RegistrationSponsored by:

8:30 AM – 10:00 AM Litigator’s UpdateProgram Chair: George Wailes

Appellate Court Justice Jon Streeter, legendary raconteur James Wagstaffe, and Morgan Lewis partner, Melinda Reichert will demonstrate that discussing recent rule changes, statutory amendments and procedural decisions can be interesting — and humorous! This key program will update you on all of the above and more. A must for litigators.

CLE: 1.5 Hours

Moderator: W. George Wailes, San Mateo Panelists: Justice Jon Streeter, First District Court of Appeal James M. Wagstaffe, Kerr & Wagstaffe, LLP, San Francisco Melinda S. Riechert, Morgan Lewis, San Francisco and

Palo Alto

10:00 AM – 10:15 AM Break

10:15 AM – 11:15 AM HOT TOPICS (SPLIT SESSIONS)Federal: New Discovery Rules 18 Months Later: New Developments and Best PracticesProgram Chairs: Tim Sullivan and Josh Klein

New federal procedural rules in 2015 were designed to streamline civil discovery and cut costs, particularly for electronic discovery. Critics charged that the new rules were a trap for plaintiffs. What happened? Learn from a seasoned panel of federal practice experts how these new rules are working in California federal courts, and how you can make them work for you and your clients. Panelists will cover:

• Proportionality in theory and practice• Best practices for managing e-discovery• Attacking and defending spoliation claims

CLE: 1.0 Hour

Moderator: Timothy R. Sullivan, McCormick Barstow, Fresno Panelists: Elizabeth J. Cabraser, Lieff, Cabraser, Heimann &

Bernstein, San Francisco Prof. Richard L. Marcus, UC Hastings, Assoc. Reporter, Advisory Committee on the Civil Rules, Judicial Conference of the United States Hon. U.S. Magistrate Judge Donna M. Ryu, Northern District of California


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ADR: Hot Topics in Arbitration: New Opportunities, New Challenges Program Chairs: Jessica Riggin, Cindy Elkins

Increasingly, arbitration agreements in ordinary business contracts, consumer contracts, and employment contracts are upending old-school approaches to litigation. A panel consisting of leading practitioners for plaintiffs and defendants will cover the latest areas of interest in this fast-moving area of the law:

• Class action waivers• Jurisdictional issues, including who decides threshold questions• Case law update• Ethical issues raised by arbitration• What’s ahead?

Moderator: Ruth V. Glick, BurlingamePanelists: Paul W. Cane, Paul Hastings, San Francisco

Cliff M. Palefsky, McGuinn, Hillsman & Palefsky, San Francisco

General Counsel: Thinking Like a GC: Strategic Litigation Analysis and What GC’s Want from Their Litigators Program Chair: Terrance Evans

General counsels are not just the people who write checks. They are responsible for legal strategy for their companies and frequently manage similar cases across the country. How do they manage multiple cases concerning a single product? What do they want from litigators handling these cases? Of course GC’s also write checks, but often based on budgets set by their boards. How can you help them meet their needs for efficiency and accountability? A distinguished panel of litigation managers from major corporations will cover:

• Developing and managing strategy for multi-case litigation• Managing costs, including e-discovery costs• What they get from their best litigators• Do’s and don’ts of effective pitch presentations

CLE: 1.0 Hour

Moderator: Terrance J. Evans, Duane Morris, San Francisco Panelists: Matthew H. Burrows, General Counsel, BART

Shay A. Gilmore, Senior Counsel, NORCAL Mutual Insurance Company Mike D. Moye, General Counsel, Alameda Health System Juan D. Walker, Senior Corporate Counsel, Varian Medical Systems

11:15 AM – 11:30 AM Break

11:30 AM – 12:30 PM Practice Essentials: Trial Lawyer Hall of Fame Members Morgan Chu and e. bob wallach on Storytelling Program Chair: Norm Rodich

The core of trial work is developing and using an effective narrative for your case; in short— storytelling. Two distinguished members of the Litigation Section’s Trial Lawyer Hall of Fame will share their insights into:

• Developing an effective trial narrative• Using your trial narrative in direct and cross examination as well as

argument• Supporting your trial narrative with demonstrative exhibits

CLE: 1.0 Hour

Moderator: Norman J. Rodich, Palmieri Tyler, Irvine Speakers: Morgan Chu, Irell Manella, Los Angeles

e. bob wallach, Rains, Lucia, Stern, St. Phalle & Silver, San Francisco

12:30 PM – 1:30 PM KEYNOTE LUNCHEON SPEAKER Luncheon Program with Chief Justice Tani Cantil-SakauyeThe Chief Justice of the California Supreme Court will share her life experiences and her perspectives on effective advocacy and major issues facing the bench and bar in California.

CLE: 0.5 Hour

Speaker: Hon. California Supreme Court Chief Justice Tani Cantil-Sakauye

Interviewers: Megan A. Rowe, Daponde Szabo Rowe, Sacramento Jessica L. Riggin, Rukin Hyland, San Francisco



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s1:30 PM – 2:45 PM

Hot Trial of the Year — Oracle v. GoogleProgram Chair: Thomas Greene

This high-stakes battle between high-tech heavyweights has been one of the most closely watched trials in California. Lead attorneys for Google and Oracle will discuss:

• Their trial themes• How to make effective use of experts• How to cross-examine a CEO• What they did to simplify their cases• Lessons learned

CLE: 1.25 Hours

Moderator: Thomas Greene, U.S. Department of Justice, San Francisco

Panelists: Peter Bicks, Orrick LLP, New York, NY, lead attorney for Oracle Robert Van Nest, Keker, Van Nest & Peters LLP, San Francisco, lead attorney for Google

2:45 PM – 3:00 PM Break

3:00 PM – 4:15 PM Practice Essentials: Closing Argument with Trial Lawyer Hall of Fame Inductee James Brosnahan Program Chair: Norman Rodich

The last words that a jury or trial judge hears are your closing argument. Trial Lawyer Hall of Fame James Brosnahan will share his secrets for creating and delivering a powerhouse closing argument. He will cover:

• Arguing the law• Effective use of your trial theme• Addressing the evidence against you• Selection and use of demonstratives• Training your voice for maximum impact

CLE: 1.25 Hours

Speaker: James J. Brosnahan, Morrison & Foerster, San Francisco

4:15 PM – 5:30 PM What Trial Judges Want You to Know Now Program Chairs: Terrance Evans, Jessica Riggin

Join us for a conversation with an outstanding panel of state and federal trial judges to discuss topics such as the qualities that make for an outstanding courtroom advocate, the top mistakes to avoid in trial, and the most effective techniques for motion practice.

CLE: 1.25 Hours

Moderators: Terrance J. Evans, Duane Morris, San Francisco Jessica Riggin, Rukin Hyland, LLP, San Francisco

Panelists: Hon. Laurel D. Beeler (Magistrate Judge, N.D. Cal.) Hon. Haywood S. Gilliam (U.S. District Judge, N.D. Cal.) Hon. Winifred Y. Smith (Presiding Judge of the Superior Court, Alameda County) Hon. Edward A. Torpoco (Judge of the Superior Court, San Francisco)

5:30 PM – 7:00 PM Networking Reception & 2017 Trial Lawyer Hall of Fame Presentation to Lawrence E. Wayte, McCormick Barstow, Fresno Presenter: Megan A. Rowe


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The Appellate SummitSaturday, October 14, 2017

Total 5.75 Hours of MCLE (Includes 1 Hour of Legal Ethics)Includes 5.75 Hours of Legal Specialization Credit in Appellate Law

7:30 AM – 9:00 AM Breakfast and Registration

Sponsored by:

8:30 AM – 9:45 AM Certainty — A Myth The indeterminate nature of language and the different perspectives that germinate in the human brain to provide competing points of view make certainty in the law an impossible goal. An appellate justice with over 40 years of experience on the bench reflects on the functions of precedent, certainty, and surprise in a body of law that is always evolving and never static or immutable.

CLE: 1.25 Hours; Legal Specialization in Appellate Law

Panelist: Presiding Justice Arthur Gilbert, Court of Appeal, Second District, Division 6

9:45 AM – 10:00 AM Break

10:00 AM – 11:00 AM Dispositions: Getting What You Really WantThe dispositional language controls the appellate outcome and all proceedings on remand, but most appellate briefs overlook it. An appellate justice and an appellate court attorney will explain civil and criminal dispositional options and offer sample language. The presentation will equip attorneys to request precise dispositional language that best serves their client in order to maximize wins, control losses, and minimize time and expense in proceedings on remand. Is an unqualified reversal (and a new trial) really best for the client? Or would reversal with directions for limited proceedings on remand be better? Or is it possible to get a reversal directing the final disposition? Or will the court modify and affirm the judgment with no further trial court hearing on remand? Can the disposition include restitution for losses caused by the erroneous judgment or order? This course will answer these questions and prepare practitioners to ask for what they really want on appeal.

CLE: 1.0 Hour; Legal Specialization in Appellate Law

Panelists: Justice Marting Tangeman Second District Court of Appeal Katy Graham Senior Appellate Court Attorney (Second District)

11:00 AM – 11:15 AM Break



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Ethics for Attorneys Handling AppealsAppeals can be complicated. Ethical issues surrounding appellate practice can be too. This panel will discuss the most important ethical issues faced by attorneys who handle appeals, including:

• The decision of whether to appeal• Positional conflicts• The duty of competence• Demeanor and civility• The duty of candor• Duties on discovery of malpractice

CLE: 1.0 Hour; of which 1.0 Hours Applies to Legal Ethics and Legal Specialization in Appellate Law

Panelists: Presiding Justice Jim Humes, First District Court of Appeal

Justice Adrienne Grover, Sixth District Court of Appeal

Heather Rosing, Certified Legal Malpractice Specialist

Audra Ibarra, Certified Appellate Specialist

12:15 PM – 12:30 PM Break

12:30 PM – 1:30 PM KEYNOTE LUNCHEON SPEAKER California Solicitor General DuMontCLE: 0.5 Hour; Legal Specialization in Appellate Law

Speaker: California Solicitor General Ed DuMontInterviewer: Professor Rory Little, UC Hastings

1:30 PM – 1:45 PM Break

1:45 PM – 2:45 PM Where’s My Check? Obtaining and Opposing Bonds and Stays on AppealMost judgments are not automatically stayed by the filing of an appeal. This panel will cover the most common situations in which an appellant should (or must) seek a stay or post a bond while pursuing an appeal; and discuss for prevailing parties below how to oppose efforts to stay the judgment. The discussion will include thorny issues such as staying injunctive relief and judgments requiring the conveyance of real and personal property. The panel will cover both state and federal procedures.


Panelists: Judge Helen Williams, Santa Clara County Superior Court

Leah Spero, Appellate Attorney Herb Fox, Certified Appellate Specialist

2:45 PM – 3:00 PM Break

3:00 PM – 4:00 PM When Things Go Wrong: Challenges and Strategies for Appeals from Jury Trials Jury trial appeals present many challenges. The panel will offer tips on preserving issues post-verdict, reviewing a jury trial record, spotting the best issues for appeal, and finding ways to persuade the court to reverse on hard-to-win issues. The presentation will cover both civil and criminal jury trial appeals, and address jury instructions, verdict forms, post-trial motions and juror misconduct issues.


Panelists: Justice Kathleen M. Banke, First District Court of Appeal

Syda K. Cogliati, Senior Appellate Research Attorney (Sixth District)

Paul Killion, Certified Appellate Specialist


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2016-2017 STATE BAR LITIGATION SECTION EXECUTIVE COMMITTEE

ChairKathleen A. Brewer, Westlake Village

TreasurerJ. Thomas Greene, San Francisco

Vice ChairMegan A. Rowe, Sacramento

Secretary

W. George Wailes, San Mateo

Immediate Past ChairReuben A. Ginsburg, Los Angeles

MembersJessica Barclay-Strobel, Los Angeles

Terrance J. Evans, San Francisco Rex S. Heinke, Los Angeles

Wendy W. Huang, Buena ParkSusan Horst, San FranciscoMichael Kelleher, Oakland

Kevin Kelly, San DiegoMary McKelvey, Los Angeles

Jonathan A. Patchen, San Francisco Jessica L. Riggin, San Francisco

Timothy Sullivan, FresnoDenise Thompson, Glendale

Christopher Van Gundy, San FranciscoMichelle Wolfe, Riverside

Judicial Advisors Hon. Suzanne R. Bolanos, San Francisco

Hon. Ernest H. Goldsmith (Ret.), San FranciscoHon. Eileen C. Moore, Santa Ana Hon. Stuart M. Rice, Los Angeles

Hon. Edward A. Torpoco, San Francisco

Attorney AdvisorsRobert M. Bodzin, Oakland

Lisa M. Cappelluti, San Francisco Cynthia Elkins, Woodland Hills Carol D. Kuluva, Los Angeles

Norman J. Rodich, Irvine Jerome J. Sapiro, San FranciscoBenjamin G. Shatz, Los Angeles e. bob Wallach, San Francisco

Joan Wolff, San Francisco

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nT h e L i t i g a t i o n S u m m i t a n d A p p e l l a t e S u m m i t

Use one form per registrant. For the Litigation Summit, choose the MCLE session you wish to attend from the three concurrent sessions during the 10:15 – 11:15 Hot Topics. You can make this selection on the registration form.

Register online at http://litigation.calbar.ca.gov

MailProgram RegistrationsThe State Bar of California180 Howard StreetSan Francisco, CA 94105

Fax (credit card required)Program Registrations 415-538-2368

Registration Form

Bar Number: _______________________________________________

Name: _____________________________________________________

Firm: ______________________________________________________

Address: ___________________________________________________

City, State, Zip: _____________________________________________

Phone: ____________________________________________________

E-mail: _____________________________________________________(Required for email confirmation)

�Check here, if you do not want your contact information released to other attendees/sponsors/exhibitors.

Registration Fee (pre-registration through September 25, 2017) (Select one fee option)

A. The Litigation Summit and The Appellate Summit, Friday and Saturday, October 13-14, 2017

By Sept 25 After Sept 25 Total Cost � Section Member $495 $545 $ __________ � Non-Section Member* $590 $640 $ __________ � Government or Non-Profit $295 $345 $ __________

ORB. The Litigation Summit, Friday, October 13, 2017

� Section Member $295 $345 $ __________ � Non-Section Member* $390 $440 $ __________ � Government or Non-Profit $195 $245 $ __________

ORC. The Appellate Summit, Saturday, October 14, 2017

� Section Member $295 $345 $ __________ � Non-Section Member* $390 $440 $ __________ � Government or Non-Profit $195 $245 $ __________

Concurrent Course Selection for The Litigation Summit, Friday, October 13, 201710:15 AM - 11:15 AM

� Federal: New Discovery Rules 18 Months Later: New Developments and Best Practices

� ADR: Hot Topics in Arbitration: New Opportunities, New Challenges

� General Counsel: Thinking Like a GC: Strategic Litigation Analysis and What GC’s Want from Their Litigators

ReceptionFriday, October 13, 2017 5:30 PM - 7:00 PM

� Joint Friday Night Reception for both The Litigation Summit and The Appellate Summit

Total Registration Enclosed/To Be Charged: $ _______*Non-Section registration fee includes $95 enrollment in The Litigation Section for 2018 and the remainder of 2017.

Payment

� Enclosed is my check made payable to: The State Bar of California� I authorize The State Bar to charge my fees to my credit card (VISA or MasterCard ONLY).

Account Number: __________________________________________________ Expiration Date: ___________________________________________________

Cardholder’s Name: ________________________________________________ Cardholder’s Signature: ____________________________________________


Co

urse Selector



GOLD

Spo

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WITH thanks TO OUR generous SPONSORS

BREAKFAST SPONSORS

GOLD SPONSORS

SILVER SPONSORS

BRONZE SPONSORS

The State Bar of CaliforniaLitigation Section180 Howard StreetSan Francisco, CA 94105-1639

PRSRT STDU.S. Postage

PaidDocumation

NON-PROFIT ORGU.S. Postage

PaidDocumation

First Class PRSRT MailU.S. Postage

PaidDocumation

First Class MailU.S. Postage

PaidDocumation

PresortedBound Printed MatterU.S. Postage Paid

Documation

Bound Printed MatterSingle Piece RateU.S. Postage Paid

Documation


October 13 and 14, 2017Marriott Union Square480 Sutter StreetSan Francisco, CA 94108

Earn up 13.50 hours of MCLE credit (Includes Legal Ethics)Includes 5.75 of Legal Specialization Credit in Appellate Law

October 6 Program Registration Deadline

http://litigation.calbar.ca.gov

THE STATE BAR OF CALIFORNIA LITIGATION SECTION presents THE INAUGURAL LITIGATION SUMMIT AND THE INAUGURAL APPELLATE SUMMIT

the state bar of california litigation section ......litigation section’s trial lawyer hall of...

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