USC-JAMS Arbitration Institute Judith O. Hollinger ADR Program Second Annual Advanced Arbitration Institute

July 26–29, 2017 • USC Gould School of Law Co-Directors: Richard Chernick and Barbara A. Reeves

USC Gould and JAMS are pleased to invite you to our Second Annual Advanced Arbitration Institute. Our July 26–29, 2017 program offers newer arbitrators and arbitration advocates the opportunity to learn best practices in complex commercial and consumer arbitrations from the perspectives of both the advocate and the arbitrator. The faculty is composed of highly experienced and respected arbitrators and advocates who will conduct interactive sessions intended to improve your knowledge of arbitration law and procedure and your skill in handling the difficult and sometimes subtle issues that arise in arbitration. Practical exercises address the development of written orders, awards and other documents and present additional opportunities for participants to perform as arbitrators and advocates and receive expert feedback. As take-aways, each learning module includes useful forms, outlines, examples of actual orders, case materials, comprehensive references to applicable statutes, rules and case law.

JAMS, a State Bar of -approved MCLE Provider, certifies that this actively qualifies for Minimum Continuing Credit as follows: Day 1 – 6.25 hours; Day 2 – 6.75 hours, Day 3 – 6.75 hours; Day 4 – 5.25 hours (No ethics credit granted) Register Today http://gould.usc.edu/events/arbitration-institute/ General Admission: $2450.00 ($2950.00 after June 30, 2017) JAMS Professionals/Hollinger Sponsors: $1950.00 ($2450.00 after June 30, 2017) Active Judges: $1950.00 Government & Non-profit: $1950.00 Student & Faculty (USC Gould LLM in ADR and MDR students only & USC Gould ADR faculty only): Free Student & Faculty (USC Gould LLM in ADR and MDR students only & USC Gould ADR faculty only) with Lunch: $50.00

Become a sponsor, and support the Judith O. Hollinger ADR Program By becoming a sponsor, you will support the training activities and the larger educational mission of the Judge Judith O. Hollinger Program. You will also receive discounted rates for partners and associates, as well as networking and branding opportunities in the ADR community. For more information, contact [email protected].

A Special Thanks to our Hollinger Program Sponsors Program Schedule WEDNESDAY, JULY 26 8:30 AM – 9:00 AM Registration

9:00 AM – 5:00 PM From Commencement to Preliminary Conference The law of arbitration; arbitrability; arbitration clause drafting; compelling and resisting arbitration; selecting arbitrators and party arbitrator practice. Moderator: Richard Chernick Speakers: Richard Mainland, Jeff Benz, David Huebner, Deborah Saxe and Jules Kabat

5:00 PM – 6:00 PM Reception for Faculty and Attendees

THURSDAY, JULY 27 9:00 AM – 5:00 PM Managing the Arbitration The preliminary conference; provisional and emergency relief; classwide arbitration; information exchange and discovery; e-discovery; summoning third parties; motions (with interactive exercise) and the final status conference; prehearing briefs. Moderator: Barbara Reeves Speakers: Jack Zebrowski, Bruce Friedman, Malcolm Heinicke and Rebecca Callahan and a lunch presentation on issues in international arbitration by Nathan O'Malley

FRIDAY, JULY 28 9:00 AM – 5:00 PM Managing the Hearing Managing and presenting evidence; opening statements; setting the physical space; logistics; conducting the hearing; witnesses; expert witnesses; documents; controlling the hearing; argument and briefing; fees and costs. Moderator: Barbara Reeves Speakers: Zela Claiborne, Kathy Dickson, Peter Collisson and Fred Bennett and an expert witness demonstration (Experts: Gerald Knapton and Andre Jardini; Counsel: John Wilson and William Donovan and a lunch program on decision-making by Richard Birke

SATURDAY, JULY 29 9:00 AM – 3:00 PM Awards, Award Writing and Review of Awards (including an award writing exercise). Moderator: Richard Chernick Speakers: John (Jay) McCauley and Jules Kabat Accommodations The USC Radisson Hotel is across the street from the university. A limited number of rooms are available at the rate of $189.00++/night for one or more nights over the conference timeframe. Please indicate that you are a part of the USC ADR Conference/July 2017 in order to request a room at this rate. Radisson Midtown at USC 3540 South Figueroa Street • Los Angeles, CA 90007 • 213.748.4141 USC visitors may prefer to stay in accommodations Downtown (a 10-minute drive from USC) or near the Los Angeles International Airport (a 30 minute drive from USC). Please visit the Los Angeles Convention and Visitor’s Bureau (Discover Los Angeles) for local hotels. Directions and Parking Attendees will have non-hosted parking at Parking Structure X on the USC University Park Campus. The current charge is $12/day. Directions to USC and the parking garage: From downtown Los Angeles, take the 110 Freeway South. Exit at Exposition Blvd. Turn right on Exposition, and then right on Figueroa. (If you are traveling northbound on the 110 Freeway, exit at Exposition and then turn left on Exposition and right on Figueroa). You will see the campus on the left side of the street. Within half a block you will see a street on the left called USC McCarthy Way and a sign for Parking Structure X and Entrance 3. Turn into that driveway (it will be labeled USC McCarthy Way) and stop at the kiosk. Public Transportation The Exposition light rail line travels past USC Gould, stopping at the USC/Expo Park Station. More information can be obtained here (PDF). USC operates a shuttle to and from Union Station (UPC to Union Station). More information can be obtained by visiting USC Transportation.

Program Speakers Richard Chernick Co-Director Barbara A. Reeves Co-Director Richard Chernick is vice president Barbara A. Reeves has been a full- and managing director of JAMS’ time neutral with JAMS since 2006, Arbitration Practice. He has conducted following 30 years as a litigator and hundreds of complex arbitrations and corporate counsel. Ms. Reeves is a mediations before major administering fellow with the Chartered Institute institutions, both domestic and of Arbitrators and the College of international. He is a former chair of Commercial Arbitrators, and a former the Dispute Resolution Section of the President of the Association of American Bar Association and the Business Trial (Los Angeles founding president of the College of Chapter). Her practice focuses on Commercial Arbitrators. He served as commercial, health care, insurance the ABA’s s advisor to the Revised Uniform Arbitration Act. He teaches coverage, employment, entertainment, intellectual property, arbitration at USC Gould School of Law and currently serves as chair technology, construction, and public law. She is an adjunct professor of the school’s Board of Councilors. at USC Gould School of Law. Fred G. Bennett Jeffrey Benz Fred G. Bennett is a senior partner at Jeffrey Benz, Esq., FCIArb, CEDS, is Quinn Emanuel Urquhart & Sullivan, a nationally recognized expert in the and serves as Global Vice Chair resolution of complex and multi-party and U.S. Chair of its international matters. Mr. Benz has served as a and domestic arbitration practice, neutral in several hundred large and with over 35 years’ experience complex arbitrations and mediations in international and domestic employing various rules and before arbitrations. As advocate, he has the major administering institutions, arbitrated as lead counsel numerous both nationally and internationally. Mr. international cases to award. He has Benz has been outside counsel (both served as arbitrator in many diverse transactional and litigation), inside international and domestic arbitration disputes, under a wide array counsel, and client, and he brings this well-rounded perspective of country-specific rules and international rules. He is a member of on dispute resolution to serving as a neutral. Mr. Benz is available the ICC Commission, with assignments at international, national and for arbitrations, mediations, fact finding, early neutral evaluation, regional levels. He received ILO’s Client Choice Award as outstanding and serving as special master or discovery referee nationwide and U.S. practitioner in arbitration in 2010 and 2014, has been included worldwide. He is a Certified E-Discovery Specialist (CEDS) through the in “Best Lawyers in America”, “Who’s Who in Arbitration”, and is Association of Certified E-Discovery Specialists. consistently selected as a “Super of Southern California”.

Richard Birke Rebecca Callahan Richard Birke is the Executive Rebecca Callahan is on the mediation Director of the JAMS Institute—the and arbitration panels of the American teaching and training arm of JAMS. Arbitration Association, and also In that capacity, Birke leads a team serves as a court-appointed referee of educators and professionals handling discovery, accounting and committed to providing JAMS with valuation disputes. Her experience exceptional internal training, starting covers a broad spectrum of industries with new panelists and continuing and subject matters. Rebecca with the nation’s most experienced received her JD from Cal Berkeley neutrals. Prior to joining JAMS, Birke (Boalt Hall) and her BA from USC. She was a trial lawyer in the greater earned an LL.M. in Dispute Resolution Boston area, a graduate student at Harvard Law, Associate Director from Pepperdine University School of Law / Straus Institute, where of the Stanford Center on Conflict and Negotiation and a lecturer she is an adjunct professor teaching Arbitration and Mediation. She is in law at Stanford Law School. In 1993, he became a law professor also on the Faculty of the American Arbitration Association University at Willamette University and director of its Center for Dispute where she has taught numerous arbitration and mediation courses. Resolution. He remains active in all areas of his practice—writing, teaching, training, consulting and mediating—now proudly under the JAMS banner.

Zela “Zee” G. Claiborne Peter Collisson Ms Claiborne has been a full-time Mr. Collisson is a practicing attorney neutral since 1998, specializing in and arbitrator in commercial and the resolution of complex domestic construction cases, and is officed and international business disputes. in Orange County. He is a former She has successfully mediated Director of the American Arbitration and arbitrated thousands of cases Association, a Fellow of the College covering the following areas: business of Commercial Arbitrators, and has and commercial matters, construction, arbitrated over 300 cases. engineering and infrastructure, employment, energy, intellectual property, professional liability, and real estate. Kathryn Dickson William P. Donovan Kathryn Dickson is repeatedly Bill Donovan, head of litigation recognized as one of California’s top in Cooley’s Los Angeles office, is employment litigators. Most of her an accomplished litigator whose clients are individuals in employment practice focuses on trial and discrimination, harassment, wrongful appellate litigation, wi th an emphasis termination, and whistleblower on consumer class actions and actions, although she has also had complex commercial cases. He is an notable success in several high-profile experienced trial lawyer, having first- class action cases. Ms. Dickson serves chaired multiple trials and arbitrations as a Court-appointed Early Neutral as well as conducted several dozen Evaluator and Mediator for the U.S. appellate arguments in his career. Federal Courts. In addition, she serves on the governing Council of Bill has successfully handled bet-the-company litigation in-house, for the American Bar Association Labor & Employment Section and is a the government, and in private practice. He is able to draw upon his past Board Member of both NELA and CELA, the largest national and unique experience as a former DOJ trial attorney and former Fortune state organizations of lawyers representing employees. 100 in-house litigation counsel to resolve complex litigation issues for his clients.

Bruce A. Friedman Malcom Heinicke Bruce A. Friedman began his neutral Malcolm Heinicke is a partner in career in 2011 following 37 years the San Francisco office of Munger, as a trial lawyer handling cases in Tolles & Olson. Mr. Heinicke’s practice the areas of insurance, class action, focuses on employment and complex professional liability, business, real commercial litigation, particularly estate, and entertainment. In 2013, in class and collective actions and Mr. Friedman was named by the Daily employee mobility matters. His clients Journal as one of the top neutrals in include 99¢ Only Stores, Fidelity California. He has also been selected Investments, Indeed.com, Round as a Southern California Super Lawyer Table Pizza, Square, Smart & Final, in Alternative Dispute Resolution TIAA-CREF, Wells Fargo, Yelp and York each of the last 3 years. He has also served as an arbitrator for the Risk Services. In 2016, Mr. Heinicke was—for the eighth consecutive Independent Film and Television Alliance (IFTA) since 2013. He is year—selected by the Daily Journal as one of the top labor and currently a neutral at JAMS. employment attorneys in California. He is also ranked in Chambers USA, which has described him as “simply brilliant” and a “top-notch lawyer.” In 2018, Mr. Heinicke will serve as president of the Bar Association of San Francisco.

David Huebner André E. Jardini Ambassador (r.) David Huebner André E. Jardini earned a bachelor is an independent arbitrator. He of arts degree at the University of previously held senior positions in Notre Dame. He attended Hastings the Asia Pacific region, including as College of the Law and received his U.S. Ambassador to , degree and was then chairman & CEO of an international admitted to the State Bar of California. law firm, founding chief representative He is a Director of Knapp, Petersen of a law firm in , and special & Clarke law firm and serves on their assistant to a member of the Japan’s management committee. Mr. Jardini National Diet. A graduate of Princeton specializes in complex litigation, University (summa cum laude) and including trial work in insurance bad , he is a licensed solicitor in & and faith and coverage cases, employment and wrongful termination member of the Bars of CA, NY, and DC. A Fellow of the Chartered cases, intellectual property, business torts, and real estate litigation. Institute of Arbitrators, he has handled more than 100 arbitrations In his career, Mr. Jardini has been the principal trial attorney in more in two dozen jurisdictions around the world as neutral or advocate, than 50 lawsuits tried to jury verdict, each with exposure in the six- and has particular expertise in technology, life sciences, energy, to-eight figure range. He also has been involved in environmental infrastructure, construction, and investment disputes. litigation, federal and multidistrict litigation, products litigation, and toxic tort litigation. Jules L. Kabat Richard R. Mainland A founding partner of Russ August Mr. Mainland has served as a neutral & Kabat, Mr. Kabat acts as lead arbitrator in over 200 arbitrations over trial and appellate counsel for the past 20 years. He is member of clients in complex business, real the American Arbitration Association’s property, intellectual property Large Complex Case panel, and the and related matters, in courts and AAA’s Class Arbitration and Mediation ADR proceedings in and beyond panels, as well as the CPR Institute’s California. Mr. Kabat’s litigation, Panel of Distinguished Neutrals. His trial and transactional experience experience covers a wide range of in the real property industry business disputes, including such involves office, commercial, retail, diverse fields as intellectual property, shopping center, industrial, residential, mixed-use and hospitality; securities, partnership disputes, professional responsibility and acquisition, development, redevelopment, construction, leasing employment law. Mr. Mainland writes and lectures regularly on and sale; financing and refinancing; restructuring and receiverships; ADR topics. He was a contributing author to the Third Edition of ownership, joint venture, and operations. He is an Adjunct Professor the College of Commercial Arbitrators “Guide to Best Practicies in of Law at the USC Gould School of Law. He was recognized as a Commercial Arbitration,” published in 2014 by Juris Publishing. Super Lawyer by Los Angeles Magazine from 2009-2016 and as a Southern California Top 100 Super Lawyer from 2013-2016.

John (Jay) McCauley Nathan O’Malley Mr. McCauley has been a commercial Mr. O’Malley is a partner with Gibbs arbitrator with the national roster of Giden Locher Turner Senet & Wittbrodt the American Arbitration Association in Los Angeles. His practice focuses since 1998, where he serves on the on international arbitration and Large Complex Case, Commercial, dispute resolution. He has acted in Real Property and Construction, numerous international arbitrations, Employment and Healthcare Panels. and represented clients before He has recently been appointed arbitral tribunals seated in The to the roster of Arbitrators on the Hague, Geneva, Zurich, London, International Centre for Dispute Amsterdam, Singap ore, Abu Dhabi, Resolution (ICDR). In the past decade, Frankfurt am Main and in the United he has been appointed to serve as an arbitrator on more than 130 States. Mr. O’Malley teaches International Laws and Institutions, and significant matters, including multiple major matters ranging in value International Arbitration. from $10 million to more than $100 million.

Deborah Saxe John Wilson Ms. Saxe became a neutral in 2007 John Wilson is a partner in the San and a fulltime neutral in 2012. Prior Diego office of Latham & Watkins and to that time, she was a litigator and member of the firm’s Environment, appellate lawy er at Jones Day, Land & Resources Department. Heller Ehrman, and Seyfarth Shaw for His practice focuses on insurance, more than 30 years . When she was environmental and general business practicing law, she was lead counsel litigation. His experience spans in litigation matters resulting in more coverage issues involving first- and than 30 reported court decisions. third-party insurance, including She litigated cases before state and commercial general liability, directors’ federal trial courts, the California and officers’ liability, errors and Court of Appeal, the Courts of Appeals for the Fourth, omissions and political risk policies, as well as bad faith claims. Sixth, Seventh, Eighth, N inth, and District of Columbia Circuits, the He has prosecuted coverage claims arising from a underlying California Supreme Court, and the United States Supreme Court. environmental and business risks, including mass tort claims alleging exposure to asbestos, lead and DDT-related products, state and federal environmental enforcement actions and international commercial disputes. He has also represented clients in international arbitration and high stakes mediations. John Zebrowski Justice Zebrowski served on the Los Angeles Superior Court from 1982 to 1995, when he was appointed to the California Court of Appeal. He served on the California Court of Appeal until November of 1999, when he joined ADR Services, Inc. His ADR practice since then has covered a spectrum of business-related matters including commercial contracts, insurance, real estate, finance, entertainment, partnership and corporate disputes, business torts, securities, intellectual property, environmental liabilities, professional liability (other than medical malpractice), employment and similar matters.