ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts

Sponsored with the cooperation of the Federal Judicial Center

July 11 - 13, 2007 Santa Fe, New Mexico

TABLE OF CONTENTS Page PROGRAM xiii FACULTY PARTICIPANTS xvii FACULTY BIOGRAPHIES xxi STUDY MATERIAL

VOLUME 1

1. The Restyled Federal Rules of Civil Procedure 1

Submitted by Lee H. Rosenthal 2. Supplemental Rules for Admiralty or Maritime and Asset Forfeiture 211 Claims Submitted by John K. Rabiej 3. Techniques and Potential Conflicts in the Handling of Depositions 247

By Victoria E. Brieant Study Material 249 Presentation Slides 286 4. Complex Case Management 299

By Ronald J. Hedges Table of Contents 301 Study Material 302 5. Rules of Professional Conduct, Ethical Conflicts Facing Litigators, and 401 Guidelines for Settlement Negotiations By Steve Morris and Akke Levin Table of Contents 403 Table of Authorities 408 Study Material 437 6. The Rules of Digital Evidence 501

By Howard L. Nations Table of Contents 502 Study Material 503 Appendix A: Amendments to Federal Rules of Civil Procedure 535

vii Appendix B: Texas Rules of Evidence 540 Appendix C: Federal Rules of Evidence 545 7. Protecting Confidential Legal Information 549 By Jerold S. Solovy, Robert L. Byman, Michael T. Brody, David M. Geenwald,

Blair R. Zanzig, Marek H. Badyna, Kristen L. Mercado, and Adam A. Hachikian Introduction 550 Table of Contents 551 Study Material 557 8. Electronic Spoliation 821 By Gregory P. Joseph Submitted by Alvin K. Hellerstein 9. Expert Spoliation 829 By Gregory P. Joseph Submitted by Alvin K. Hellerstein 10. Recent Developments in Domestic and International Arbitration Involving 839 Issues of Arbitrability, Consolidation of Claims and Discovery of Non-Parties By Joseph T. McLaughlin, Kathleen M. Scanlon, Joseph P. Whitlock, Erin McMurray-Killelea, and Zachary S. Taylor Table of Contents 840 Study Material 841 11. The Impact of the Class Action Fairness Act of 2005 867 By Thomas E. Willging and Emery G. Lee, III Submitted by Barbara Jacobs Rothstein Table of Contents 868 Study Material 869 12. Consumer Class Action Developments 885

By John N. Quisenberry 13. Top Ten U.S. Class Action Decisions of 2006-2007 895

By Elizabeth J. Cabraser 14. The Sedona Guidelines: Best Practices Addressing Protective Orders, 901 Confidentiality and Public Access in Civil Cases Submitted by Ronald J. Hedges 15. An Overview of Administrative Proceedings 921

Submitted by Claudia Barber An Overview of Administrative Proceedings 923 Appendix A: Nursing & Community Residence Protection Discharge,

Transfer and Relocation of Residents 935 Appendix B: Professional Licensing/Health Occupation Boards 938 Appendix C: Unemployment Insurance 943

viii Appendix D: DC Department of Consumer and Regulatory Affairs (DCRA)

Overview 959 Appendix E: DOH/DMH/Boards Tax/Taxi 968 Appendix F: Department of Human Services 990 Appendix G: Rental Housing Jurisdiction 1020 Appendix H: Federal Administrative Procedures Act 1044 Appendix I: USC Sections 701 and 706 1088 Appendix J: D.C. Administrative Procedures Act 1090 16. Problems in Federal Forum Selection and Concurrent Federal State 1097 Jurisdiction: Supplemental Jurisdiction; Diversity Jurisdiction; Removal; Preemption; Venue; Transfer of Venue; Personal Jurisdiction; Abstention and The all Writs Act By Georgene M. Vairo Table of Contents 1099 Study Material 1103 17. Problems in Federal Forum Selection and Concurrent Federal State 1283 Jurisdiction By Lonny S. Hoffman 18. Current Issues Involving Rule 12(b)(6) and Rule 9(b) 1325

By Elizabeth J. Cabraser and Joshua P. Davis 19. Obtaining a Preliminary Injunction and Temporary Restraining Order 1345

By James J. Brosnahan 20. Through the Prism: Summary Judgement after the Trilogy 1385 By Georgene M. Vairo Submitted by Paul L. Friedman Table of Contents 1387 Study Material 1389

VOLUME 2

21. Proposed Revisions to Federal Rule of Civil Procedure 56 1473

Submitted by Paul L. Friedman 22. Arrington v. United States, No. 05--5263 (DC Cir., Dec. 29, 2006) 1515

Submitted by Paul L. Friedman 23. Report of the Civil Rules Advisory Committee - May 25, 2007 1545 24. Defending Parallel Civil and Criminal Proceedings 1613

By Gary P. Naftalis Table of Contents 1617 Study Material 1621 25. Interacting with Bank Regulators during an Internal Investigation 1713

By Sheila Tendy 26. Federal Court Decisions Involving Electronic Discovery, December 1, 1725

ix 26. Federal Court Decisions Involving Electronic Discovery, December 1, 1725 2006 - June 15, 2007 By Kenneth J. Withers 27. Sanctions in Civil Litigation: A Review of Sanctions by Rule, Statute, and 1741 Inherent Power By David F. Herr and Nicole Narotzky Table of Contents 1743 Study Material 1753 28. Interrelationship of State and Federal Litigation 1861

By Professor Lonny S. Hoffman 29. Mediation Developments 1881

By Professor Francis E. McGovern 30. Appointing Special Masters and Other Judicial Adjuncts 1911

Submitted by Francis E. McGovern Table of Contents 1913 Study Material 1920 31. The Model Standards of Conduct for Mediators: September 2005 2147

Submitted by Francis E. McGovern 32. National Standards for Court-Connected Mediation Programs 2157

Submitted by Francis E. McGovern Table of Contents 2158 Introduction 2159 Definitions 2162 Study Material 2163 33. Uniform Mediation Act 2219

Submitted Francis E. McGovern Table of Contents 2220 Study Material 2221 34. Class Certification in the Appellate Courts 2287

By David F. Herr Table of Contents 2289 Study Material 2291 35. Extraordinary Writs and Remedies 2303

By Sylvia H. Walbolt Stalking the Illusive Extraordinary Writ 2305 Petition for a Writ of Mandamus, in Rhone-Poulenc Rorer Inc. v. Hon. John

F. Grady, No. 94-3912, 7th Cir. 2306 Opinion, in Rhone-Poulenc Rorer Inc. v. Hon. John F. Grady, No.

94-3912, 7th Cir. 2371

x Petition for Writ of Certiorari, in Health Care and Retirement Corporation

of America, Inc. v. Bradley, No. 4D06-2653, 4th Dist. Court of Appeal, FL 2386 Opinion, in Health Care and Retirement Corporation of America, Inc. v.

Bradley, No. 4D06-2653, 4th Dist. Court of Appeal, FL 2409 Sylvia H. Walbolt and J. Andrew Meyer, When It's Your Last Chance: Tips

on Obtaining Discretionary Review 2414 Sylvia H. Walbolt and Christopher J. Kaiser, Extraordinary Writs 2424 36. Report of the Civil Rules Advisory Committee - December 6, 2006 2429

Submitted by John K. Rabiej 37. Supplemental Rule "G" Governing Pretrial Procedures in Forfeiture In 2507 Rem Actions By John K. Rabiej 38. Bridging the Chasm between General Counsels and Law Firms 2523

By Michael Garrett Study Material 2525 Appendix A: Elkan Abramowitz and Barry A. Bohrer, Defending Corporate

America: The Year in Review 2527 Appendix B: Rob Thomas, Top Ten Methods to Manage Outside Counsel 2534 Appendix C: Peter J. Henning, GCs Power Gains Also Mean More

Exposure 2538 Appendix D: Petra Pasternak, CGs Vent Their Frustrations About Outside

Counsel 2545 Appendix E: The General Counsel in Residence: A Law Firm Addresses

Change in the Corporate Counsel Arena 2549 39. Special Master's Proposed Plan for Resolution of Unnamed Class 2551 Members' Claims, in Verderber v. Reno Hilton Resorts Corp., No.

CV97-04643 (2nd Jud. Dist., NV) Submitted by David W. Hagen 40. Punitive Damages: Reaction by Federal and State Courts to Developing 2557 U.S. Supreme Court Guidelines By John J. Bartko, John S. Lottier, and David M. Ross Table of Contents 2559 Study Material 2561

xi 2 ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts July 11-13, 2007 Santa Fe, New Mexico

Sponsored with the cooperation of the Federal Judicial Center

PROGRAM

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 — 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 — Judge Hedges 11:30 a.m. Ethical Developments: Conflicts Facing Civil Litigators — (speaker to be announced) 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 — 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 — Mr. McLaughlin 5:00 p.m. Adjournment for the Day

xiii 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

xiv WEBCAST SEGMENT C (Thursday afternoon program, Session II) Session II: Emerging Problem Areas in E-Discovery Judge Real, Chair; Judge Hedges; Messrs. Herr, Morris, 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 — 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; Judges Barber and Hellerstein; 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 — 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; Judge Friedman;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 — 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 Hagan and Real; 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

Notes: Times are subject to minor change without notice. A 10-15 minute panel discussion takes place after most presentations. Total 60-minute hours of instruction: 20.25, including 2.5 hours of ethics

xv 2 ALI-ABA Course of Study Civil Practice and Litigation Techniques in Federal and State Courts

Sponsored with the cooperation of the Federal Judicial Center July 11 - 13, 2007 Santa Fe, New Mexico PLANNING CHAIR

Sol Schreiber, Esquire Milberg Weiss Bershad & Schulman LLP One Pennsylvania Plaza, 49th Floor , NY 10119

FACULTY

The Honorable Claudia Barber Elizabeth J. Cabraser, Esquire Administrative Law Judge Lieff Cabraser Heimann & Bernstein, LLP D.C. Office of Administration Hearings Embarcadero Center West Suite 870N 30th Floor 441 Fourth Street, NW 275 Battery Street Washington, DC 20001 San Francisco, CA 94111

John J. Bartko, Esquire The Honorable Paul L. Friedman Bartko, Zankel, Tarrant & Miller, P.C. U.S. District Judge Suite 300 E. Barrett Prettyman U.S. Courthouse 900 Front Street 333 Constitution Avenue, NW San Francisco, CA 94111 Washington, DC 20001 Victoria E. Brieant, Esquire Michael Garrett, Esquire Stroock & Stroock & Lavan LLP Director, General Counsel in Residence Wachovia Financial Center Suite 3160 Program 200 South Biscayne Boulevard Nixon Peabody LLP Miami, FL 33131 437 Madison Avenue New York, NY 10022 James J. Brosnahan, Esquire Morrison & Foerster LLP David M. Greenwald, Esquire 425 Market Street Jenner & Block, LLP San Francisco, CA 94105 330 North Webash Avenue Chicago, IL 60611

xvii The Honorable David Warner Hagen Joseph T. McLaughlin, Esquire Retired U.S. District Judge Heller Ehrman LLP 2695 Solari Drive Times Square Tower Reno, NV 89509 7 Times Square New York, NY 10036 The Honorable Ronald J. Hedges Retired U.S. Magistrate Judge Gary P. Naftalis, Esquire Nixon Peabody LLP Kramer Levin Naftalis & Frankel LLP 437 Madison Avenue 1177 Avenue of The Americas New York, NY 10022 New York, NY 10036

The Honorable Alvin K. Hellerstein Howard L. Nations, Esquire U.S. District Judge Law Offices of Howard L. Nations, P.C. U.S. District Court The Sterling Mansion 500 Pearl Street 4515 Yoakum Blvd New York, NY 10007 Houston, TX 77006 500 Pearl St Rm 910 New York, NY 10007-1316 The Honorable Sam C. Pointer, Jr. Lightfoot, Franklin & White, LLC David F. Herr, Esquire 400 20th Street North Maslon Edelman Borman & Brand, LLP The Clark Building 3300 Wells Fargo Center Birmingham, AL 35203-3200 90 South Seventh Street Minneapolis, MN 55402 John N. Quisenberry, Esquire The Quisenberry Law Firm Professor Lonny S. Hoffman Suite 2200 Butler Research Professor 2049 Century Park East The University of Houston Law Center Los Angeles, CA 90067 130 BLB 100 Law Center John K. Rabiej, Esquire Houston, TX 77204 Administrative Office of U.S. Courts One Columbus Circle NE John M. Kobayashi, Esquire Washington, DC 20544-0001 The Kobayashi Law Firm, P.C. Suite 2100 The Honorable Manuel L. Real 1633 Fillmore Street U.S. District Judge Denver, CO 80206 U.S. District Court 312 North Spring Street Professor Francis E. McGovern Los Angeles, CA 90012 Duke University School of Law Room 4182 Box 90362 Science Drive and Towerview Road Durham, NC 27708

xviii The Honorable Lee H. Rosenthal Sylvia H. Walbolt, Esquire U.S. District Judge Carlton Fields Room 8631 Suite 1000 515 Rusk Street 4221 West Boy Scout Bouvelard Houston, TX 77002 Tampa, FL 33607

The Honorable Barbara J. Rothstein Kenneth J. Withers, Esquire Director, Federal Judicial Center Managing Director Thurgood Marshall Federal Judicial Building The Sedona Conference One Columbus Circle, NE Suite 1430 Washington, DC 20002 201 Washington Street Phoenix, AZ 85004 Sheila Tendy, Esquire Tendy Law Office LLC 10th Floor Helmsley Building 230 Park Avenue New York, NY 10169

xix 2 FACULTY BIOGRAPHIES

Planning Chair Sol Schreiber, New York, New York Milberg Weiss Bershad & Schulman LLP B.A., City College of New York; LL.B., Yale University Adjunct Professor, Fordham Law School (1972-86) Government and Public Service: United States Magistrate, Southern District of New York (1971- 78); Court-Appointed Special Master: In Re Pan Am Air Disaster (Lockerbie) (1995-97), Marcos Human Rights Litigation (1994- ), Agent Orange Litigation (1982-84); Anglo- American Exchange on Civil Procedure (Judicial Member) (1974); Hearing Officer, New York State Master Energy Plan (1979); Member, Judicial Conference of the United States Standing Committee on Rules of Practice and Procedure (1993-99, Liaison to the Advisory Committee on Civil Rules, 1996-99); Founder, Ovarian Cancer Research Fund Honors: Francis Rawle Award (ALI-ABA 1985); Presidential Award (Legal Aid Society 1984) Memberships: American Law Institute (Members Consultative Group, Complex Litigation Project); American Bar Association (Chair, Federal Asbestos Legislation Committee, Tort and Insurance Practice Section, 1986-87) Publications Include: RESOURCE MATERIALS: CIVIL PRACTICE AND LITIGATION IN FEDERAL AND STATE COURTS (ALI-ABA 8th Ed. 1998, 7th Ed. 1996, 6th Ed. 1994); MOORE'S FEDERAL PRACTICE (3d Ed.) (General Editor, 1996- )

Faculty Claudia Barber, Washington, D.C. Administrative Law Judge, District of Columbia Office of Administrative Hearings (2005- ) Former Hearing Examiner, Baltimore City Public Schools (2002-2005) Principal, Law Office of Claudia Barber (1989-2005) B.A., Goucher College; M.S., Johns Hopkins University; J.D., University of Baltimore School of Law Memberships: Maryland State Bar Association; District of Columbia Bar Association; Anne Arundel Bar Association; National Association of Women Judges

John J. Bartko, San Francisco, California Bartko, Zankel, Tarrant & Miller, P.C. B.A., University of California at Los Angeles; LL.B., University of California at Berkeley (Boalt Hall) Memberships: State Bar of California; Bar Association of San Francisco

Victoria E. Brieant, Miami, Florida Stroock & Stroock & Lavan LLP B.A., St. Lawrence University; J.D., State University of New York at Buffalo Government and Public Service: Law Clerk to the Honorable Frederick B. Lacey, United States District Court Judge, District of New Jersey, Retired, 1983-1984. Memberships: American Bar Association (Antitrust and Litigation Sections); California Bar Association; New York State Bar Association. Publications and Speaking: Faculty member, ALI ABA seminars, including Trial Evidence/Civil Practice, 1991, 1996, 1999, 2001 and 2002, Antitrust & High Technology Markets, 1991- 1999; Panelist for Health Tech 2000 Program (on antitrust issues); Co-Chair and

xxi Speaker, Annual ALI-ABA conference on Antitrust and Intellectual Property Legal Developments 1991-1999; Speaker, Software Support Conference, 1992; American Conference Institute Programs on Internet Law and Intellectual Property Licensing Issues, 1999-2000; Author/Lecturer: "Antitrust Injury: A Plaintiff's Perspective," ABA Antitrust Conference, April 2002; "Deposition Techniques and Problem Areas," ALI ABA Program, February and August 2002; Soft Science and the Courts After Daubert: Non-Scientific Expert Testimony," ALI ABA Program, April 2001; Antitrust and Regulatory Issues in the Communications Marketplace, ALI ABA Program October 2000 (co-chair and speaker); "Structuring International Licensing Agreements and Technology Transfers," (ACI Conferences in February and September 2000); "Exposing Yourself on the Worldwide Web: The Legal Implications of Internet Advertising," co-authored with Jeffrey G. Benz (ACI Internet Conference, February 1999); "Developing Legal Issues and Effective Practice Techniques in Mediation and Arbitration," co-authored with William N. Hebert (ALI ABA August 1999); "Recent Developments In Submarket Definition: Brown Shoe Is Still Good Law?," co-authored with Paul S. Schmidtberger (ALI ABA 1996-98); "Information Costs, Lifecycle Costs, Switching Costs, and Lock- In" (ALI ABA 1996-98); and "Expert Testimony and Facts," lecturer at January 1996 ALI-ABA Conference; Faculty member (1999 & 2000)

James J. Brosnahan, San Francisco, California Morrison & Foerster LLP B.S.B.A., College; LL.B., Government and Public Service: Office of Independent Counsel (Iran-Contra Prosecution of Caspar Weinberger) (1992-93); Special Counsel to California Legislature Joint Subcommittee on Crude Oil Pricing; Assistant United States Attorney (District of Arizona, 1961-63; Northern District of California, 1963-66); Ninth Circuit Judicial Conference (Lawyers' Representative and Delegation Chairman) Honors: National Institute for Trial Advocacy Faculty Award (1991); William O. Douglas Award (1988); American Bar Association Pro Bono Publico Award (1987) Memberships: American Law Institute; American Board of Trial Advocates; American College of Trial Lawyers, International Academy of Trial Lawyers, International Society of Barristers; American Board of Criminal Lawyers Association; American Judicature Society (Director, 1988-90); Bar Association of San Francisco (President, 1977; Chair, Subcommittee on Minorities, 1988- ; Judiciary Committee, 1991- ); Irish-American Bar Association of San Francisco (President, 1997-99) Publications Include: TRIAL HANDBOOK FOR CALIFORNIA LAWYERS (Bancroft-Whitney 1974 & 1981 Supp.); Corporate Criminal Liability (Co-Author), in WHITE COLLAR CRIMES (ALI- ABA 1980); INSIDE LITIGATION (Editorial Advisory Board)

Elizabeth J. Cabraser, San Francisco, California Lieff Cabraser Heimann & Bernstein, LLP A.B., J.D., University of California at Berkeley Public Service: Ninth Circuit Judicial Conference (Lawyer-Delegate, 1992-95); Northern District of California Civil Justice Reform Act (CJRA) Advisory Committee (1991-94); California Constitution Revision Commission (1994-96); National Center for State Courts Mass Tort Conference Planning Committee (1993); Legal Aid Society of San Francisco (Board of Directors, Treasurer) Memberships: American Law Institute; American Bar Association (Committees on Mass Torts, Class Actions and Derivative Suits, Litigation Section, 1983-2000; Vice Chair, Rules and Procedures Committee, Torts and Insurance Practice Section, 1986-87); Federal

xxii Bar Association; State Bar of California; Fifth Circuit Bar Association; Bar Association of San Francisco; Queens Bench; California Women Lawyers; Association of Trial Lawyers of America; National Association of Women Lawyers Publications Include: TIPS NEWSLETTER (Associate Editor, 1989- ); CLASS ACTION REPORTS (Editorial Board and Contributor, 1987-94); MANAGING MODERN LITIGATION: LEARNING TO LIVE WITH NEW JUDICIAL CONTROLS AND NEW TRIAL TOOLS (TIPS 1991); WESTERN LEGAL HISTORY (Editorial Board)

Paul L. Friedman, Washington, D.C. U. S. District Judge, District of Columbia (Appointed 1994) B.A., ; J.D., State University of New York at Buffalo Adjunct Professor, Georgetown University Law Center (1984-88) Partner, White & Case (1976-1994) Other Government and Public Service: Associate Independent Counsel, Iran-Contra Investi- gation (1987-88); Assistant Solicitor General of the United States (1974-76); Assistant U.S. Attorney (D.D.C.) (1970-74); Law Clerk to Hon. Roger Robb (D.C. Cir.) (1969- 70); Law Clerk to Hon. Aubrey E. Robinson, Jr. (D.D.C.) (1968-69); District of Columbia Judicial Nomination Commission (Past Chair); Civil Justice Reform Act Advisory Group (U.S.D.C. for D.C.)(Chair, 1991-94); District of Columbia Public Defender Service (Board of Trustees, 1989-92); Grievance Committee, U.S.D.C. for D.C. (1981-87; Chair, 1983-85); Advisory Committee on Procedures, U.S. Court of Appeals for the D.C. Circuit (1983-88); Judicial Conference of the D.C. Circuit (1976- ) Fellow, American College of Trial Lawyers Memberships: American Law Institute (Council Member); American Bar Association (House of Delegates, 1985-94); District of Columbia Bar (President, 1986-87); American Academy of Appellate Lawyers Publications Include: A Primer on Government Contracting (Co-Author), THE PRACTICAL LAWYER (June/July 1994); Final Report of the Civil Justice Reform Act Advisory Group, U.S. District Court, District of Columbia (Co-Author) (1993); Representing Foreign Clients in Civil Discovery and Grand Jury Proceedings, 25 VA. J. OF INT'L L. 327 (1986)

Michael Garrett, New York, New York Director, General Counsel in Residence Program, Nixon Peabody LLP B.A., Columbia College; M.B.A., Columbia University Graduate School of Business; J.D., Columiba University Law School Member, Advisory Board, Greater New York Chapter, Association of Corporate Counsel Life Trustee, Berkeley Previous Affiliations: Partner and Associate General Counsel, Coopers & Lybrand 1977- 1998); General Counsel, Swiss Re Capital Partners Division, Swiss Reinsurance Company (1999-2000); Executive Director, The Gift of New York, a nonprofit established to benefit the survivors of the victims of the September 11 terrorist attacks (2001-2002)

xxiii David M. Greenwald, Chicago, Illinois Jenner & Block LLP B.A., Georgetown; J.D., University of Michigan Member, American Bar Association (Insurance Coverage Litigation Committee) rd Co-author, TESTIMONIAL PRIVILEGES, Thomson West, 3 edition, 2005; Author, Transparency in Financial Reporting Without Waiving a Corporation’s Privileges, BLOOMBERG CORPORATE LAW JOURNAL, Winter 2005

David Warner Hagen, Reno, Nevada Retired U.S. District Judge (nominated by President Clinton and confirmed by U.S. Senate in 1993, assumed senior status in 2003, retired in 2005) B.B.A., University of Wisconsin; LL.B., University of San Francisco School of Law Professional Career: U.S. Air Force (1949-1952); Private practice, Berkeley, California (1960-1962); Private practice, Loyalton, California (1962-1963); Private practice, Reno, Nevada (1963-1993)

Ronald J. Hedges, Newark, New Jersey Nixon Peabody, LLP Former United States Magistrate Judge, District of New Jersey (1986-2006) B.A., University of Maryland; J.D., Georgetown University Adjunct Professor, Seton Hall University School of Law (1993- ) Government and Public Service: Advisory Group of Magistrate Judges (2001- ); Civil Justice Reform Act Advisory Committee, U.S. District Court for the District of New Jersey (Member, 1991-94; Reporter, 1994- ); Lawyers Advisory Committee, U.S. District Court for the District of New Jersey (1993- ); Compliance Judge, Court Mediation Program, U.S. District Court for the District of New Jersey (1992- ); Sedona Conference Working group on Protective Orders, Confidentiality, and Public Access (Member); Memberships: American Law Institute; Historical Society of the United States District Court for the District of New Jersey (Adviser, Board of Directors); Association of the Federal Bar of the United States District Court for the District of New Jersey (Advisor, Board of Directors) Publications Include: REPORT OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION ADVISORY COMMITTEE, PLAN FOR IMPLEMENTATION, AND ANNUAL ASSESSMENTS OF PLAN, DISTRICT OF NEW JERSEY (Principal Author) (1991-97)

Alvin K. Hellerstein, New York, New York U.S. District Judge for the Southern District of New York (appointed 1998) A.B., LL.B., Columbia University Other Government and Public Service: 1st Lt., U.S. Army, JAGC (1957-60); Law Clerk to Hon. Edmund L. Palmiers (S.D.N.Y.) (1956-57); New York Lawyers for the Public Interest (Board of Directors, 1995-99); Special Master, SEC v. Fondation Hai (S.D.N.Y., 1993) Memberships: American Law Institute; American Bar Association, New York State Bar Association; Association of the Bar of the City of New York (Chair, Judiciary Committee, 1993-96; Executive Committee, 1987-92; Chair, Committee on Federal Courts, 1972-75; Committee on Securities Regulation, 1979-82; Committee on Professional and Judicial Ethics, 1984- ); Federal Bar Council (Chair, 1997-99; President, Federal Bar Foundation, 1994-96); International Association of Jewish Lawyers and Jurists (Regional Vice President, New

xxiv York Region, 1995-99) Publications Include: Use of Depositions in Court Proceedings (Co-Author), Chapter 32 of 7 MOORE'S FEDERAL PRACTICE (3d Ed., 1997); The Likely Insurance Treatment of Treble Damage Rico Judgments (Co-Author), 42 BUS. LWR. 121 (1986); SEC Secret Subpoenas (Co-Author), 18 SEC. & COMMODITIES REG. 113 (1985); Safeguards in SEC Disciplinary Proceedings, 16 REV. OF SEC. REG. 915 (1983)

David F. Herr, Minneapolis, Minnesota Maslon Edelman Borman & Brand, LLP B.A., M.B.A., University of Colorado at Boulder; J.D., William Mitchell College of Law Adjunct Professor, William Mitchell College of Law (1978-2004) Government and Public Service: Minnesota Supreme Court (Reporter, Advisory Committee on Rules of Civil Procedure, 1983- ; Reporter, Advisory Committee on Uniform Local Rules, 1989-92; Reporter, Advisory Committee on General Rules of Practice, 1992- ; Co- Reporter, Advisory Committee on Rules of Appellate Procedure, 1996- ) Honors: Master of the Bench (Warren E. Burger Inn of Court); Distinguished Alumnus Award (William Mitchell College of Law, 1997); Advocate's Award (Minnesota State Bar Association Civil Litigation Section, 1999) Fellow, American Academy of Appellate Lawyers (President) Memberships: American Law Institute; Minnesota State Bar Association (Chair, Section of Civil Litigation, 1986-88; Chair, Task Force on Complete Litigation, 1990-92); Hennepin County Bar Association; Lawyer-Pilots Bar Association; Federal Bar Association Publications Include: The Class Action Fairness Act of 2005 C Congress Again Wades into Complex Litigation Management Issues (Co-Author), 227 F.R.D. ___ (2005) (forthcom- ing); Applying Amended Rule 26 (b)(1) in Litigation: The New Scope of Discovery (Co- Author), 199 F.R.D. 396 (2001); EIGHTH CIRCUIT APPELLATE PRACTICE MANUAL (Co- Editor) (Minn. CLE, 3d ed. 2005); MINNESOTA PRACTICE: COURTROOM HANDBOOK OF MINNESOTA EVIDENCE (Co-Author) (West, 2005 ed.) ANNOTATED MANUAL FOR COMPLEX LITIGATION (West, 2005); MINNESOTA PRACTICE: GENERAL RULES OF PRACTICE ANNOTATED (VOL. 3A) (West, 2001); MOTION PRACTICE (Co-Author) (Aspen, 4th Ed., 2004); Chapter 66, Appeals, in SUCCESSFUL PARTNERING BETWEEN INSIDE AND OUTSIDE COUNSEL (Co-Author) (2000; Supp. 2004); Handling Appeals: Beyond Litigation as Usual (Co-Author) 16 ACCA DOCKET (1998); Amici-Curiae: Not Just Friends of the Court Anymore (Co-Author), PRAC. LITIGATOR (1998); MULTIDISTRICT LITIGATION (West, 2005); DISCOVERY PRACTICE (Co-Author) (Aspen, 4th ed., 2004)

Lonny S. Hoffman, Austin, Texas George Butler Research Professor of Law, University of Houston Law Center B.A., Columbia University; J.D., University of Texas Memberships: American Bar Association; American Association of Law Schools Publications Include: Forum Non Conveniens in Federal Statutory Cases, EMORY L.J. (December 2000); Removal Jurisdiction and the All Writs Act, 148 U.PA. L. REV. ___ (1999); Rethinking the Special Appearance Rule: Does Rule 120a Offend Due Process When ‘Alter-Ego’ is Asserted as the Jurisdictional Basis, 46 BAYLOR L. REV. 559 (1994); Recovery and Calculation of Prejudgment Interest under Texas Law, 35 S. TEX. L. REV. 439 (1994); The Madness of the Method: The Use of Electrocution and the Death Penalty, 70 TEX. L. REV. 1039 (1992)

xxv John M. Kobayashi, Denver Colorado The Kobayashi Law Firm, P.C. B.A., Columbia College; J.D., Columbia University Law School Government and Public Service: Law Clerk for U.S. Court of Appeals Judge, 10th Circuit; Assistant United States Attorney, District of Colorado (1974-76); Trial Attorney, Securities and Exchange Commission, Division of Corporate Finance, Denver Regional Office (1973-74); Voting Member, Advisory Committee on the Federal Rules of Evidence; Colorado Legal Aid Society (Legal Aid Steering Committee, 1988-89); three- term voting member, Faculty for Federal Judicial Center Seminars for Judges on Complex Case Management Memberships: American Law Institute; International Academy of Trial Lawyers (Fellow); American College of Trial Lawyers (Fellow; State Committee Member); American Bar Association (Corporate Counsel Section, Products Liability Committee Task Force on Reengineering Management and Cost Control of Litigation and ADR); Colorado Bar Association (Board of Governors, 1979-81 and 1983-85); International Association of Defense Counsel; International Society of Barristers (Fellow); National Association of Criminal Defense Lawyers; American Trial Lawyers Association; American Bar Foundation (Fellow); Colorado Bar Foundation (Fellow)

Francis E. McGovern, Durham, North Carolina Professor of Law, Duke University School of Law B.A., Yale University; J.D., University of Virginia Publications: SUCCESSFUL LITIGATION TECHNIQUES; THE PREPARATION OF A PRODUCT LIABILITY CASE

Joseph T. McLaughlin, New York, New York Heller Ehrman LLP B.A., Boston College; J.D., Cornell University Adjunct Professor of Law, Fordham Law School (1991- ) Memberships: American Bar Association (Standing Committee on Membership, 1982-86; Chairman, Subcommittee on Promoting Settlements, 1986- ); American Arbitration Association (Board of Directors and Executive Committee, 1983-89); Association of the Bar of the City of New York (Membership Committee, 1991- , Committee on Legal Education for Litigators, 1992- ) Fellow, American College of Trial Lawyers Publications: Chapter on Judicial Notice in FEDERAL EVIDENCE PRACTICE GUIDE (Matthew Bender 1989); Chapter on U.S. Law (Co-Author) in INSIDER TRADING, THE LAWS OF EUROPE, THE UNITED STATES AND JAPAN (E. Gaillard, The Netherlands, Kluwer 1992)

Gary P. Naftalis, New York, New York Kramer, Levin, Naftalis & Frankel LLP A.B., Rutgers University; M.A., Brown University; LL.B., Columbia University Lecturer, Columbia Law School (1976-88); Visiting Lecturer, (1979) Government and Public Service: Assistant United States Attorney for the Southern District of New York (1968-74; Deputy Chief, Criminal Division, 1972-74); Special Assistant United States Attorney for the District of the Virgin Islands (1972-73); Special Counsel, U.S. Senate Subcommittee on Long Term Care (1975); Special Counsel, Temporary New York State Commission on Living Costs and the Economy (1975); Departmental Disciplinary Committee for the First Judicial Department of New York (Member, 1980- 86)

xxvi Fellow, American College of Trial Lawyers Memberships: American Bar Association (White Collar Crimes Committee, 1985- ); International Bar Association (Business Crimes Committee, 1988- ); New York State Bar Association (Executive Committee, Commercial and Federal Litigation Section, 1990- ; Committee on State Legislation, 1974-76); Association of the Bar of the City of New York (Committee on Criminal Law, 1987-90; Committee on Criminal Justice, 1985-88; Committee on Judiciary, 1984-87; Committee on Criminal Courts, 1980-83; Committee on Federal Legislation, 1974-77); Federal Bar Council (Committee on Courts of the Second Circuit, 1974-77) Publications: THE GRAND JURY: AN INSTITUTION ON TRIAL (Co-Author) (Hill & Wang 1977); Considerations in Representing Attorneys in Civil and Criminal Enforcement Proceed- ings, 36 BUSINESS LAWYER 1877 (1981); SENTENCING: HELPING JUDGES DO THEIR JOBS (Co-Author) (1986); SEC ACTIONS SEEKING TO BAR SECURITIES PROFESSIONALS (1995); WHITE COLLAR CRIMES, (Editor) (ALI-ABA 1980); Perjury, Obstruction of Justice and the Victim and Witness Protection Act, in ABA MANUAL ON INTERNAL CORPORATE INVESTIGATIONS (1993); Civil RICO: Basic Applications, in RICO: CIVIL AND CRIMINAL LAW AND STRATEGY (1989)

Howard L. Nations, Houston, Texas Law Offices of Howard L. Nations, P.C. Adjunct Instructor, South Texas College of Law B.A., Florida State University; J.D., Vanderbilt University Memberships: National Board of Trial Advocates (certified Civil Trial Advocate); National College of Advocacy (certified Diplomate of Trial Advocacy); American Association for Justice (officer and member of Executive Committee, 1990-1995); Texas Trial Lawyers Association (past president); Southern Trial Lawyers Association (past president); Belli Society (President-elect); American Jury Foundation (Trustee)

Sam C. Pointer, Jr., Birmingham, Alabama Lightfoot, Franklin & White, L.L.C. Former U.S. District Judge, Northern District of Alabama A.B., Vanderbilt University; J.D., University of Alabama; LL.M. (Taxation), New York University Honors: Francis Rawle Award (ALI-ABA 1988); Samuel E. Gates Litigation Award (American College of Trial Lawyers 1990) Government and Public Service: U.S. District Judge for the Northern District of Alabama (1970- 2000); Judge, Temporary Emergency Court of Appeals (1980-87); Member, Judicial Panel on Multidistrict Litigation (1980-87) Memberships: American Law Institute (Adviser, Complex Litigation Project); Judicial Conference of the United States (1988-90); 11th Circuit Judicial Council (1988-90); Standing Committee on Rules of Practice and Procedure (1988-90); Advisory Committee on Civil Rules (1990-93, Chair 1991-93); Judicial Ethics Committee (1981-88); American Bar Association (Past Council Member, Litigation Section) Publication: MANUAL FOR COMPLEX LITIGATION SECOND (Board of Editors, 1977-94, Chair, 1981-94)

John N. Quisenberry, Los Angeles, California The Quisenberry Law Firm, P.C. B.S., U.S. Naval Academy; M.S., Occidental college; J.D., University of California, Los Angeles Memberships: National Board of Trial Advocacy (certified Civil Trial Lawyer);

xxvii American Board of Trial Advocates; Consumer Attorneys of California (Board of Governors); Consumer Attorneys Association of Los Angeles; Los Angeles County bar Association; Association of Business Trial Lawyers; Association of Trial Lawyers of America Publications: EVALUATING AND LITIGATING INSURANCE BAD FAITH—INCLUDING NEW DEVELOPMENTS THROUGH 2002 (2003); YEAR 2000 IN REVIEW: NEW CASES AND DEVELOPMENTS IN INSURANCE COVERAGE AND BAD FAITH (2001); EARTHQUAKE LITIGATION AFTER QUACKENBUSH AND SB 1899 (2000); EVALUATING, LITIGATING AND TRYING CONSTRUCTION DEFECT CASES (2000); EVALUATING AND LITIGATING INSURANCE BAD FAITH CASES (2000); Can Employers Preclude Class Actions Through Mandatory Arbitration Agreements That Are Silent as to Whether Classes Are Permitted?, FORUM MAGAZINE (June 2005); Status of Class Action Waivers in California after California Supreme Court's Decision in Discover Bank v. Superior Court (Boehr), FORUM MAGAZINE (July/August 2005); Attorney’s fees: How to get paid in an insurance bad faith lawsuit, ADVOCATE MAGAZINE (May 2005)

John K. Rabiej, Washington, D.C. Chief, Rules Committee Support Office, Administrative Office of the United States Courts B.A., Loyola University J.D., University of Illinois M.A., Georgetown Author, Chapter 659, MOORE’S FEDERAL PRACTICE, 3RD EDITION (2005); Proposed Supplemental Rule G Governing Pretrial Procedures in Forfeiture in Rem Actions, FEDERAL LAWYER, Vol. 51, No. 8 (September 2004)

Manuel L. Real, Los Angeles, California U.S. District Judge for the Central District of California (Appointed 1966; Chief Judge, 1982-93) B.S., University of Southern California; LL.B., Loyola University Adjunct Professor of Law, Loyola University (Los Angeles) Honors: Foundation for Improvement of Justice (1990) Other Government and Public Service: U.S. Naval Reserve (1943-45); United States Attorney’s Office, Southern District of California (Assistant U.S. Attorney, 1952-55; U.S. Attorney, 1964-66); Judicial Conference of the United States (1981-84); Ninth Circuit Judicial Council (1981-85); Ninth Circuit Judicial Conference (Executive Committee, 1978-81); Ninth Circuit Judicial Council (1981-85) Memberships: Federal Bar Association (Board of Directors, Los Angeles Chapter)

Lee H. Rosenthal, Houston, Texas United States District Judge for the Southern District of Texas B.A., J.D., University of Chicago Other Government and Public Service: Law Clerk to Hon. John R. Brown (5th Cir.) (1977-78); Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure (1996) Memberships: American Law Institute; American Bar Association; Texas Bar Association; Houston Bar Association; University of Chicago Law School Visiting Committee (1983- 86, 1994-97); Texas Bar Foundation; Federal Judicial Conference Advisory Committee for Federal Rules of Civil Procedure, 1996 - ; Board of Editors, Manual for Complex Litigation, 1998 - Teaching: M.D. Anderson Visiting Professor of Law, Texas Tech University Law School, Spring 2002

xxviii

Barbara Jacobs Rothstein, Washington, D.C. Director, Federal Judicial Center United States District Judge for the Western District of Washington Former Chief Judge, Western District of Washington B.A., Cornell University; LL.B., Harvard University Instructor, University of Washington School of Law (1975-77) Honors: King County Washington Women Lawyer Vanguard Honor (1995); Judge of the Year (Washington State Trial Lawyers Association (1990) Other Government and Public Service: Judge, Washington Superior Court, King County (1977- 80); Assistant Attorney General, Office of the Washington Attorney General (1969-77); State-Federal Committee of the United States Judicial Conference; Gender and Ethnic Fairness Committee of the Ninth Circuit Fellow, American Bar Foundation Memberships: American Bar Association; American Judicature Society; Washington State Bar Association; Seattle-King County Bar Association

Sheila Tendy, New York, New York Tendy Law Office LLC B.A., New York University, 1984; J.D., The New England School of Law, 1991 Former Assistant Counsel, New York State Banking Department Former Assistant District Attorney, Manhattan District Attorney's Office Memberships: The Association of the Bar of the City of New York (Banking Law Committee Member, 2006 – 2009); American Bar Association (Criminal Justice Section)

Sylvia H. Walbolt, Tampa, Florida Carlton Fields B.A., University of Florida, 1961; J.D., University of Florida College of Law, 1963 Affiliations and Memberships: American Academy of Appellate Lawyers (Fellow and former President); The Florida Bar (Appellate Practice Certification Committee, Charter Member and former Vice-Chair; Antitrust Committee, former Chair; Corporation, Business and Banking Section, former Chair; Special Antitrust Committee, former Chair); Supreme Court of Florida (Committee on Standard Jury Instructions in Civil Cases, former Chair; Criminal Discovery Commission, former Member; Jury Innovations Committee, former Member); American Bar Association (Antitrust Law Section, former Vice-Chair; Health Care Committee, former Chair; Council, former Member; Standing Committee for the Federal Judiciary, former Eleventh Circuit representative; Assessment Team, American Bar Association's Death Penalty Moratorium Implementation Project, Member); American College of Trial Lawyers, Fellow (Access to Justice Committee, former Chair; Florida State Committee, former Chair; Samuel E. Gates Award Committee, former Chair; Courageous Advocacy Committee, former Chair; Long-Range Planning Committee, Nominating Committee, former Member; Access to Justice Committee, Member; Teaching Trial and Appellate Advocacy Committee, Member); The Florida Bar Foundation, former President; American Bar Foundation, Fellow; American Law Institute (Consultative Group for Aggregate Litigation Project, Member and AAAL liaison for project); Attorneys Liability Assurance Society, former Director;

xxix Lawyers’ Committee for Civil Rights Under Law (Board of Trustees, Member; Board of Directors, Member); The Lawyers’ Committee, National Center for State Courts, Member; Board of Trustees, Florida Supreme Court Historical Society, Member; National Association of Women Lawyers Publications: Walbolt, Sylvia H., Lang, Joseph H. Jr., Amicus Briefs Revisited, 33 STET. L. REV. 171 (2003); Walbolt, Sylvia H., Lang, Joseph H. Jr., Amicus Briefs: Friend or Foe of Florida Courts? 32 STET. L. REV. 269, January 1, 2003; Common Law Certiorari -- Where An Appeal Will Not Provide An Adequate Remedy, THE FLORIDA BAR JOURNAL, October 1996; Extraordinary Writs and Remedies, Chapter 25, CLE Manual, 1983 (revised 1993 and 2000) CIVIL PRACTICE BEFORE TRIAL, FOURTH EDITION; Jury Instructions: A Road Map for Trial Counsel, LITIGATION, THE JOURNAL OF THE ABA LITIGATION SECTION, Vol. 30, No.2, Winter 2004; Petitions for Extraordinary Relief, Chapter 17, A DEFENSE LAWYER’S GUIDE TO APPELLATE PRACTICE (DRI) 2004; Pointers on Preserving the Record, AMERICAN BAR ASSOCIATION LITIGATION MAGAZINE, Vol. 25, No. 2, Winter 1999

Kenneth J. Withers, Phoenix, Arizona Managing Director, The Sedona Conference A.B., J.D., Northwestern University; M. Lib. Sci., Simmons College Government and Public Service: Senior Judicial Education Attorney, Federal Judicial Center (1999- 2005); Director of Education, Social Law Library (Boston, ) Honors: Excellence in Technology Award (Glasser Legal Works, 2004); Electronic Evidence Thought Leadership Award (Kroll Ontrack, 2003); Lord Lloyd Kilgerran Award for best post-graduate essay in law and technology (British-Irish Legal Education Technology Association, 1999); Best Use of Technology Award (American Association of Law Librarians, 1998) Publications Include: ELECTRONIC DISCOVERY: THE CHALLENGES AND OPPORTUNITIES OF ELEC- TRONIC EVIDENCE (Federal Bar Association, 2001); Computer-Based Disclosure and Discovery in Civil Litigation, 2000 FED. CTS. L. REV. 2 and 2001 J. INFO L. & TECH. (UK) 1; Self-Deleting E-Mail: A Self-Delusion? DISCOVERY EDGE (Fall 2000); THE INTERNET GUIDE FOR MASSACHUSETTS LAWYERS (Contributor and Editor, 1999)

xxx