Annual Advanced ALI-ABA Course of Study
Why Attend?
Featuring These Major Areas of Concentrated Study:
Re-stylization of Federal Rules of Civil Procedure (FRCP) (HOT TOPIC!)
Future Civil Amendments: Discrete Proposals Involving Rules 8, 15, 26(a)(2)(B), 30(b)(6), 33, 36, 48, 54(d), 58(c), and 60; and Broader Projects: Time Computation, Summary Judgment, and Notice Pleading
Sanctions under Rules 11, 26(a), and 37; 28 U.S.C. Section 1927; and "Inherent Powers"
Deposition Techniques and Problem Areas
Discovery Conflicts and the Electronic Media (HOT TOPIC!)
FRCP E-Discovery Rules effective December 1, 2006 (HOT TOPIC!)
Latest Evidentiary Trends and the Trial Judge’s Role as "Gatekeeper" in Dealing with Scientific and Non-Scientific Expert Testimony; the Federal/State Dichotomy
Proposed Amendment to FRCP Rule 26(a)(2): Expert Discovery
Proposed Evidence Rule 502 on Waiver of Attorney-Client and Work Product Privilege (HOT TOPIC!)
Domestic and International Arbitration Developments (HOT TOPIC!)
Dispositive Motion Practice (Rules 9(b) and 12(b)(6)) and Summary Judgment (Rule 56)
Restraining Orders and Preliminary Injunctions
Protective Orders and Confidentiality Agreements
Choice of Forum Considerations: Personal, Diversity, and Supplemental Jurisdiction
Interrelationship of State and Federal Litigation: Removal, Injunctive Proceedings, Abstention and Stays, and the All Writs and Enabling Acts (HOT TOPIC!)
Punitive Damages: New U.S. Supreme Court Directives and Reactions by State Courts
Ethical Developments: Conflicts Facing Civil Litigators (HOT TOPIC!) (2.5 hours)
Mediation: Developments and Conflicts
The Role of the Special Master in Mass Tort Litigation
Private Civil Actions and Concurrent or Subsequent Regulatory or Criminal Proceedings
Civil Forfeiture
Consumer Class Actions
How Trial Counsel Differ in Handling Civil and Criminal Cases
A Psychologist’s View of the Law
Extraordinary Writs and Remedies
Bridging the Chasm Between General Counsels and Law Firms
Emerging Problem Areas in Rule 23 Class Actions and the Class Action Fairness Act
Overview of Administrative Proceedings
What You Will Learn
Comprising more than 20 hours of instruction, including 2.5 hours of ethics, this annual advanced course of study addresses the most important and controversial areas of civil practice, procedure, and litigation techniques in federal and state courts. It affords both experienced and newly admitted counsel the opportunity to keep abreast of the latest trends in handling practice and procedural problems, as well as to sharpen litigation skills.
Planning Chairs
Sol Schreiber, Milberg Weiss & Bershad LLP, New York
Faculty
JUDGES
Claudia Barber, Administrative Law Judge, Washington, D.C.
Paul L. Friedman, U.S. District Judge, Washington, D.C.
David Warner Hagen, Retired U.S. District Judge, Reno, Nevada
Ronald J. Hedges, Of Counsel, Nixon Peabody LLP, New York; former U.S. Magistrate Judge, Newwark, New Jersey
Alvin K. Hellerstein, U.S. District Judge, New York
Sam C. Pointer, Lightfoot Franklin & White, L.L.C., Birmingham, Alabama; retired U.S. District Judge*
Manuel L. Real, U.S. District Judge, Los Angeles*
Lee H. Rosenthal, U.S. District Judge, Houston*
Barbara Jacobs Rothstein, Director, Federal Judicial Center, Washington, D.C.; U.S. District Judge, Seattle*
* Also Program Co-Chair
LITIGATORS and LAW PROFESSORS
John J. Bartko, Bartko, Zankel, Tarrant & Miller, PLC, San Francisco
Victoria E. Brieant, Stroock & Stroock & Lavan LLP, Miami
James J. Brosnahan, Morrison & Foerster LLP, San Francisco
Elizabeth J. Cabraser, Lieff Cabraser Heimann & Bernstein LLP, San Francisco
Michael Garrett, General Counsel in Residence, Nixon Peabody LLP, New York
David M. Greenwald, Jenner & Block LLP, Chicago
David F. Herr, Maslon Edelman Borman & Brand LLP, Minneapolis
Lonny S. Hoffman, Professor, University of Houston Law Center, Houston
John M. Kobayashi, The Kobayashi Law Firm, P.C., Denver
Francis E. McGovern, Professor, Duke University School of Law, Durham, North Carolina
Joseph T. McLaughlin, Heller Ehrman LLP, New York
Gary P. Naftalis, Kramer Levin Naftalis & Frankel LLP, New York
Howard L. Nations, Law Offices of Howard L. Nations, P.C., Houston
John N. Quisenberry, The Quisenberry Law Firm, P.C., Los Angeles
John K. Rabiej, Chief, Rules Committee Support Office, Administrative Office of the U.S. Courts, Washington, D.C.
Sheila Tendy, Tendy Law Offices LLC, New York
Sylvia H. Walbolt, Carlton Fields, Tampa, Florida
Kenneth J. Withers, Director of Judicial Education and Content, The Sedona Conference, Phoenix
ALI-ABA Staff: Thomas M. Hennessey, Assistant Director, Office of Courses of Study
Notes: Times are subject to minor change without notice. A 10-15 minute panel discussion takes place after most presentations.
Program Schedule
(All times are MOUNTAIN DAYLIGHT)
WEDNESDAY, JULY 11, 2007
7:00 a.m. Registration and Continental Breakfast
Webcast Segment A (Wednesday morning program)
8:00 a.m. Introductory Remarks and Course Overview
Morning Panel I: Mr. Schreiber, Chair; Judges Hellerstein, Pointer, and Rosenthal; Ms. Brieant; Mr. Rabiej
8:15 a.m. Re-stylization of the Federal Rules of Civil Procedure (HOT TOPIC!) — Judge Rosenthal
9:00 a.m. Future Discrete and Broader Projects of the Advisory Committee — Mr. Rabiej
9:45 a.m. Deposition Techniques and Disputes — Ms. Brieant
10:30 a.m. Networking Break
Morning Panel II: Judge Rothstein, Chair; Judges Friedman and Hedges; Mr. Herr
10:45 a.m. Electronic Discovery Civil Rule Amendments Effective December 1, 2006 (HOT TOPIC!) — Judge Hedges
11:30 a.m. Ethical Developments: Conflicts Facing Civil Litigators (HOT TOPIC!)
12:30 p.m. Lunch Break
AFTERNOON CONCURRENT SESSIONS (registrants may shuttle between meeting rooms)
Webcast Segment B (Wednesday afternoon program, Session I)
Session I: Advanced Procedural Issues - Judge Pointer, Chair; Judges Friedman and Hellerstein; Messrs. Greenwald, Kobayashi, McLaughlin, and Nations
2:00 p.m. Visual Persuasion — Mr. Nations
2:45 p.m. Proposed Evidence Rule 502 on Waiver of Attorney-Client Privilege and Work Product; Thompson and McNulty Memos (HOT TOPIC!) — Mr. Greenwald
3:15 p.m. Networking Break
3:30 p.m. New Developments in the Law of Spoliation — Judge Hellerstein
4:15 p.m. Domestic and International Arbitration Developments (HOT TOPIC!) — Mr. McLaughlin
5:00 p.m. Adjournment for the Day
Session II: Emerging Problem Areas in Rule 23 (Class Actions) and the Class Action Fairness Act - Judge Rosenthal, Chair; Judges Hedges and Rothstein; Professors Hoffman and McGovern; Ms. Cabraser; Mr. Quisenberry
2:00 p.m. Emerging Problems in the Class Action Fairness Act — Professor Hoffman
2:45 p.m. Consumer Class Action Developments — Mr. Quisenberry
3:15 p.m. Networking Break
3:30 p.m. Arbitration Agreements and Class Action Lawsuits — Ms. Cabraser
4:15 p.m. Protective Orders and Confidentiality Agreements — Judge Hedges
5:00 p.m. Adjournment for the Day
THURSDAY, JULY 12, 2007
8:00 a.m. Continental Breakfast
Morning Panel I: Judge Pointer, Chair; Judges Barber, Friedman, and Rosenthal; Professor Hoffman; Ms. Cabraser; Mr. McLaughlin
8:30 a.m. An Overview of Administrative Proceedings — Judge Barber
9:00 a.m. Choice of Forum Considerations; Personal, Diversity, and Supplemental Jurisdiction; Change of Venue — Professor Hoffman
9:45 a.m. Motions To Dismiss under Rules 9(b) and 12(b)(6) — Ms. Cabraser
10:15 a.m. Networking Break
Morning Panel II: Judge Pointer, Chair; Judges Hellerstein, Real, and Rosenthal; Professor McGovern; Ms. Brieant
10:30 a.m. Restraining Orders and Preliminary Injunctions — Ms. Brieant
11:00 a.m. Expert Testimony after the U.S. Supreme Court Rulings in Daubert, Joiner, and Kumho Tire; the Federal-State Dichotomy — Judge Real
12:30 p.m. Lunch Break
AFTERNOON CONCURRENT SESSIONS (registrants may shuttle between meeting rooms)
Session I: Advanced Procedural and Litigation Issues - Judge Rothstein, Chair; Judges Friedman and Real; Messrs. Bartko, Kobayashi, and Naftalis; Mss. Tendy and Walbolt
2:00 p.m. Summary Judgment Movements: Proposed Rule 56 Changes of the Advisory Committee on Civil Rules — Judge Friedman
2:45 p.m. Proposed Amendments to Expert Discovery in FRCP Rule 26(a)(2) — Mr. Bartko
3:15 p.m. Networking Break
3:30 p.m.Private Civil Actions and Concurrent or Subsequent Regulatory or Criminal Proceedings — Mr. Naftalis
4:15 p.m. Interacting with Bank Regulators in Civil and Criminal Proceedings — Ms. Tendy
5:00 p.m. Adjournment for the Day
Webcast Segment C (Thursday afternoon program, Session II)
Session II: Emerging Problem Areas in E-Discovery (HOT TOPIC!) - Judge Real, Chair; Judge Hedges; Messrs. Herr and Withers
2:00 p.m. Record Management, Preservation Policies, Spoliation, and Their Effect on Meet-and-Confer Sessions; Conflicts of Interest — Mr. Withers
2:45 p.m. Discovery and Judicial Decisions, including Privilege Waiver and Sanctions — Judge Hedges
3:15 p.m. Networking Break
3:30 p.m. Ethical Considerations in Pre-Trial and Trial Proceedings; State Rules; Questions from Registrants (HOT TOPIC!) — Judge Hedges and Mr. Withers
5:00 p.m. Adjournment for the Day
FRIDAY, JULY 13, 2007
8:00 a.m. Continental Breakfast
Webcast Segment D (Friday morning program)
Morning Panel I: Mr. Schreiber, Chair; Judge Barber; Professor Hoffman; Messrs. Brosnahan, Herr, Kobayashi, and Naftalis
8:30 a.m.. Sanctions under Rules 11, 26(a), and 37; 28 U.S.C. Section 1927; and "Inherent Powers" — Mr. Herr
9:00 a.m. Interrelationship of Federal and State Litigation; Injunctive Proceedings; Removal; Abstention; Stays (HOT TOPIC!) — Professor Hoffman
9:45 a.m. How Trial Counsel Differ in Handling Civil and Criminal Cases — Mr. Brosnahan
10:15 a.m. Networking Break
Morning Panel II: Judge Pointer, Chair; Judges Friedman and Hellerstein; Professor McGovern; Messrs. Bartko and Herr; Ms. Walbolt
10:30 a.m. Mediation Developments — Professor McGovern
11:15 a.m. Class Certification in the Appellate Courts — Mr. Herr
12:30 p.m. Extraordinary Writs and Remedies (HOT TOPIC!) — Ms. Walbolt
1:15 p.m. Lunch Break
Afternoon Panel I: Mr. Schreiber, Chair; Judges Friedman and Hagen; Messrs. Garrett, Kobayashi, and Rabiej
2:30 p.m. Civil Forfeiture — Mr. Rabiej
3:00 p.m. Bridging the Chasm Between General Counsels and Law Firms — Mr. Garrett
3:30 p.m. Networking Break
Afternoon Panel II: Judge Pointer, Chair; Judges Hagen, Real, and Rothstein; Mr. Bartko
3:45 p.m. The Role of the Special Master in Mass Litigation — Judge Hagen
4:30 p.m. Punitive Damages: U.S. Supreme Court Directions and Reactions by Federal and State Courts — Mr. Bartko
5:00 p.m. Adjournment
Total 60-minute hours of instruction: 20.25; including 2.5 hours of ethics
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter.
Educational Objective: Maintenance of professional competence as a practitioner; provision of information on recent legal developments; development of proficiency in performance of intricate and complex legal tasks within a narrow area.
Level of Instruction: Advanced
Here's what registrants have said about this course:
It was excellent! The panel of judges, professors, and attorneys was a great and dynamic mix. The presentations were good and the follow-up candid comments sometimes were even better – the practice tips are a real plus. This is a great course! The presenters were great, interesting, and did a great job!
Excellent course! Experienced and well prepared faculty. Timely and helpful topics for the new and experienced practitioner alike.
Many of the presenters were exceptional. It was all well worth the time and expense.
I have attended this program off and on for over 15 years. It is always excellent. I like the mix of judges, academics and practitioners. I am looking forward to the next program.
Good materials. Presenters and panelists were interesting and informative in presentations and discussions.
