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Brochure 2007 605.Pmd 34th Annual Seminar October 5-7, 2007 Silverado Resort & Meritage Resort Napa, California SECURITY & PRIVACY ACTIONS: THE CHANGING LANDSCAPE FOR BUSINESS LITIGATORS 8 hrs. MCLE (1 hr. MCLE Ethics Credit) Approved by the State Bar of California Keynote Speaker HONORABLE SANDRA DAY O’CONNOR, UNITED STATES SUPREME COURT (RETIRED) Special Address KATHLEEN SULLIVAN, STANLEY MORRISON PROFESSOR OF LAW AND FORMER DEAN OF STANFORD LAW SCHOOL General Seminar Schedule of Events All education sessions to take place at Silverado Resort Transportation between locations provided Friday, October 5, 2007 3:00 - 5:00 p.m. Joint Board Meeting 6:00 - 9:30 p.m. Children’s Activities and Dinner (ages 4-12) 6:00 - 10:00 p.m. Opening Reception & Keynote Address from Hon. Sandra Day O’Connor, U.S. Supreme Court (Ret.) (keynote address to start promptly at 6:45 p.m.) Saturday, October 6, 2007 7:00 - 9:30 a.m. Buffet Breakfast (registered family and guests welcome) 8:30 - 8:45 a.m. Welcome 8:45 - 9:40 a.m. Private Investigators: How Much Information Can a Lawyer Ask to Find? Technical Advances in Snooping and Security 9:50 - 10:45 a.m. Director and Officer Liability for Security and Privacy Violations: Indemnification and Criminal Investigation Issues 11:00 - 12:00 p.m. Open Forum with Members of the Judiciary 1:30 - 5:00 p.m. Wine tasting at the home and private vineyard of Mary Jo and Art Shartsis (transportation provided) Featuring wines from Secret Napa Valley Wines (a unique private wine society) and Amica Cellars 3:00 - 10:00 p.m. ABTL Sponsored Kid’s Camp (ages 4-12) Supervised activities including relay races, air hockey, swimming, arts and crafts, basketball, games and more 6:00 – 6:30 p.m. Cocktail Reception 6:30 - 7:30 p.m. Special Presentation by Kathleen Sullivan on interstate wine litigation 7:30 - 10:00 p.m. Dinner Buffet & Enertainment Emmy-award Winning performer Jim Salestrom Sunday, October 7, 2007 7:00 - 9:30 a.m. Buffet Breakfast 8:30 - 8:45 a.m. Welcome Remarks 8:45 - 9:40 a.m. Litigation: Individual, Representative or Class 9:50 - 10:45 a.m. Practice Under the New E-Discovery Rules 11:00 - 11:55 a.m. Witness Examinations 11:55 - 12:00 p.m. Conclusion Schedule and Faculty for 8 hrs. of MCLE approved by the State Bar of CA Saturday, October 6, 2007 8:45 - 9:40 a.m. Private Investigators JUSTICE RICHARD D. FYBEL, CALIFORNIA COURT OF APPEAL, 4TH DIST. DIV. 3 Justice Fybel is a graduate of UCLA and UCLA School of Law. He is an Associate Justice of the Court of Appeal and was a judge of the Orange County Superior Court. Prior to his judicial appointment, Justice Fybel was a partner in Morrison & Foerster, specializing in civil business litigation. Justice Fybel is the Chair of the California Supreme Court’s Advisory Committee on the Code of Judicial Ethics and the 2005 UCLA Law School Alumnus of the Year for Public and Community Service. FERNANDO AENLLE-ROCHA, WHITE & CASE Fernando Aenlle-Rocha is a partner in the Los Angeles office of White & Case. He advises and defends corporations and individuals in white-collar criminal investigations and prosecutions, and civil lawsuits pending in federal and state courts. For nine years, he served as a federal prosecutor in the Criminal Division of the United States Attorney’s Offices. He also served as a Deputy District Attorney in the Major Fraud and Central Trial Units of the Los Angeles County District Attorney’s Office. LESLIE R. CALDWELL, MORGAN LEWIS & BOCKIUS LLP Leslie Caldwell is a partner in the New York office of Morgan Lewis. Her practice concentrates on internal investigations and defense of companies and individuals across a wide range of industries accused of involvement in white collar crime, SEC or other regulatory violations, and other crises. Ms. Caldwell served in the U.S. Department of Justice for 17 years and in the U.S. Attorney’s Office for the Northern District of California, where she was chief of the Criminal Division and the Securities Fraud Section. PHILLIP R. KAPLAN, O’MELVENY & MYERS Phil Kaplan is a partner in the Newport Beach office of O’Melveny & Myers. Phil’s practice expertise includes securities litigation, corporate governance matters, internal investigations, and director and officer liability issues. Phil received his J.D. at the University of Southern California and his B.A. from Yale. ELLIOT R. PETERS, KEKER & VAN NEST LLP Elliot Peters litigates all manners of complex civil and white collar criminal cases. He has been named California Lawyers “Attorney of the Year” and is listed as a “Northern California Super Lawyer.” He is listed in “Best Lawyers of America” and in the Chambers USA America’s Leading Business Lawyers. Elliot is a former Assistant United States Attorney in the Southern District of New York, and a former law clerk to the HonorableWhitman Knapp of the Southern District of New York. BART SCHWARTZ Bart Schwartz served under US Attorney Rudolph Giuliani as the Chief of the Criminal Division in the Southern District of New York, overseeing prosecutions related to financial and business fraud. In 1991, Mr. Schwartz founded and was CEO of Decision Strategies, an international investigative and security firm, which was sold to SPX in 2001. He has conducted many investigations and inquiries relating to HR matters, compliance issues, the Foreign Corrupt Practices Act, fraud, asset searching and due diligence. Bart was recently retained by Hewlett-Packard to conduct a worldwide review of its investigative practices and procedures. 9:50 - 10:45 a.m. Director and Officer Liability HON. MARILYN H. PATEL, UNITED STATES DISTRICT COURT, NORTHERN CA Marilyn Hall Patel is a United States District Judge for the Northern District of California. She was nominated by President Jimmy Carter in 1980 and served as Chief Judge for the district from 1997 until 2004. Judge Patel received her B.A. from Wheaton College in 1959 and J.D. from Fordham University in 1963. She has presided over many notable cases including: A&M Records v. Napster, Bernstein v. U.S. Department of State. She issued the writ setting aside the conviction in U.S. v. Korematsu. MARK E. CULLERS, OFFICE OF THE UNITED STATES ATTORNEY Mark Cullers began his legal career at Kronick, Moskovitz, Tiedemann and Girard in Sacramento, doing primarily business litigation and representing school districts. He joined the U.S. Attorney’s Office for the Eastern District of California in 1988 at the Branch Office in Fresno, California, beginning in the civil division of the U.S. Attorney’s Office, and switched to the criminal division in 1991. He became Deputy Chief of the Fresno Branch Office in 1997, and Chief of the Fresno Branch Office in 2003. Mark received his J.D. at George Washington University Law school and his B.A. from U.C.L.A. NICOLA T. HANNA, GIBSON DUNN & CRUTCHER Nicola Hanna is an experienced trial lawyer and litigation partner in the Orange County office of Gibson, Dunn & Crutcher and is a member of the firm’s Business Crimes and Investigations Practice Group. Mr. Hanna is a former federal prosecutor and specializes in white collar criminal defense, internal corporate investigations, and complex business litigation. BARBARA LAWLER, INTUIT, INC. Barbara Lawler is the first Chief Privacy Officer at Intuit. She is responsible for creating and driving privacy and personal information use strategy, policy and implementation, and regulatory analysis. Prior to Intuit, Barbara was the CPO at Hewlett Packard. While there, she lead a global team responsible for online and offline privacy strategy, policy, and standards, and implemented customer-friendly privacy policies and practices, helping HP become the “Most Trusted Company for Privacy” in 2005. JOHN W. SPIEGEL, MUNGER, TOLLES & OLSON John Spiegel is a litigation partner at Munger, Tolles & Olson in Los Angeles. He received his J.D. from Yale Law School in 1976 where he was Editor-in-Chief of the Yale Law Journal. He served as law clerk to Justice Byron White of the United States Supreme Court from 1976 to 1979. He served as Special Assistant to Deputy Secretary of State Warren Christopher. From 1979 to 1982, he served as an Assistant United States Attorney in Los Angeles. DEBRA WONG YANG, GIBSON DUNN & CRUTCHER Ms. Yang is a partner in Gibson, Dunn & Crutcher and she is Co-Chair of the firm’s Crisis Management Practice Group and a member of the Business Crimes and Ingestigations Practice Group. Ms. Yang previously served as the United Stated Attorney for the Central District of California. Her appointment in 2002 made her the first Asian-American woman to serve as a United States Attorney. She was selected to serve on President Bush’s Corporate Fraud Task Force, the Attorney General’s Advisory Committee on Civil Rights, and the Intellectual Property Task Force. 11:00 - 12:00 p.m. Open Forum with Members of the Judiciary HON. CYNTHIA AARON, CALIFORNIA COURT OF APPEAL HON. JAN M. ADLER, UNITED STATES DISTRICT COURT HON. GAIL ANDLER, ORANGE COUNTY SUPERIOR COURT HON. ANDREW P. BANKS, ORANGE COUNTY SUPERIOR COURT HON. JEFFREY B. BARTON, SAN DIEGO SUPERIOR COURT HON. STEVEN A. BRICK, ALAMEDA SUPERIOR COURT HON. ALFRED G. CHIANTELLI, (RET.) SAN FRANCISCO SUPERIOR COURT HON. THIERRY P. COLAW, ORANGE COUNTY SUPERIOR COURT HON. J. STEPHEN CZULEGER, LOS ANGELES SUPERIOR COURT HON. STEVEN R. DENTON, SAN DIEGO SUPERIOR COURT HON. SHEILA FELL, ORANGE COUNTY SUPERIOR COURT HON. BETH C. FREEMAN, SAN MATEO SUPERIOR COURT HON. TERRY B. FRIEDMAN, LOS ANGELES SUPERIOR COURT HON. IRMA E. GONZALEZ, UNITED STATES DISTRICT COURT HON. J.
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