This Basic Practice Series program will offer both new and seasoned litigators with insights into environmental litigation and provide practical techniques and approaches that can be applied immediately to one’s practice. The course will cover initial case intake and evaluation, civil procedure before trial and discovery, motion practice, trial, settlement, and alternative dispute resolution. The faculty will draw upon master environmental practitioners from the nation’s leading environmental law clinics and well-known environmental litigators from the government and private practice. Ample time will be provided for participant interaction and discussion.

Basic Practice Series Faculty:

Coordinator:
Scott J. Sachs, Atkinson, Andelson, Loya, Ruud & Romo, Cerritos, CA

• Professor Jane F. Barrett, Director, Environmental Law Clinic, University of Maryland School of Law, Baltimore, MD
• David C. Batson, Senior ADR Specialist, U.S. Environmental Protection Agency, Washington, DC
• Professor Karl S. Coplan, Professor of Law, Co-Director Pace Environmental Litigation Clinic, Pace University, White Plains, NY
• Daniel Preston Dozier, Potter & Dozier, LLC, Bethesda, MD
• John F. Gullace, Manko, Gold, Katcher & Fox, LLP, Bala Cynwyd, PA
• W. Warren Hamel, Venable LLP, Baltimore, MD
• Randolph Hill, Office of Civil Enforcement, U.S. Environmental Protection Agency, Washington, DC
• Deborah E. Jennings, DLA Piper U.S. LLP, Washington, DC
• Warren A. Koshofer, Blank Rome LLP, Los Angeles, CA
• LeRoy Paddock, Associate Dean for Environmental Law Studies, The George Washington University Law School, Washington, DC
• Cary R. Perlman, Latham & Watkins LLP, Chicago, IL
• Joseph A. Siegel, Senior Attorney and Regional ADR Specialist, U.S. Environmental Protection Agency, Region 2, New York, NY
• Jeffrey Silvyn, General Counsel, Morris K. Udall Foundation & U.S. Institute for Environmental Conflict Resolution, Tucson, AZ
• Edna Sussman, Arbitrator & Mediator, Sussman ADR LLC, New York, NY

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Basic Practice Series Schedule:

Friday, September 25, 2009

8:00 a.m. – 8:30 a.m.
Welcome and Continental Breakfast

8:30 a.m. – 9:30 a.m.
Case Intake and Evaluation
Topics will include: the initial client interview, the fee agreement, split fee- arrangements, arbitration clauses, jurisdiction, claims filing for entities, service of process, insurance issues, state v. federal, due diligence, the complaint, ethical responsibilities, and legal theories.

9:30 a.m. – 9:45 a.m.
Networking Break

9:45 a.m. – 12:00 p.m.
Pre-Trial Procedure and Discovery
Topics will include: answer, declarations, courtroom decorum, motions to strike, demurrers, removal, orders, arbitration clauses, demand/answer jury trials, default, case management conferences, Office of Special Counsel (OSC), offers to compromise, courtroom decorum requests for admissions, interrogatories, form interrogatories, demands for document production, limits on numbers, depositions, protocol, stipulations, orders for protection, trade secret requirements, motions to compel, monetary and issue sanctions, motions for deemed admissions, and alternative dispute resolution (ADR.)

12:00 p.m. – 1:30 p.m.
Committee Get-Together Lunch

1:30 p.m. – 2:30 p.m.
Motion Practice
Topics will include: motions in limine, designation of expert witnesses and the requirements involving the use of experts, exhibits, jury instructions, witness list, motions for summary judgment, request for judicial notice, and verdicts.

2:30 p.m. – 3:30 p.m.
Trial
Topics will include: jury selection, opening statements, evidence, closing statements, judgment notwithstanding the verdict (JNOV), motions for new trial, bonds for appeal, filing appeals, and interviewing the jury.

3:30 p.m. – 3:45 p.m.
Networking Break

3:45 p.m. – 4:45 p.m.
Settlement
Topics will include: ethical responsibilities, identifying mediators (evaluative or facilitative mediators – the differences and which school to choose when), documentation constructing settlement offers, evaluating settlement offers, negotiation strategies and tactics, and confidentiality and privilege issues.

4:45 p.m. – 5:45 p.m.
Alternative Dispute Resolution and Role Play
Topics will include: types of alternative dispute resolution including the differences, the nuts and bolts of preparing for and participating in arbitration or mediation, ethical responsibilities, and negotiation. Additionally, all participants will participate in a mediation role play.

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Saturday, September 26, 2009

7:00 a.m. – 8:00 a.m.
Continental Breakfast

8:00 a.m. – 9:30 a.m.
The Titans Return to the Courtroom – Mock Trial
Part I – Pre-trial Strategies and Techniques
Back by popular demand, a panel of leading trial lawyers and a distinguished former federal magistrate judge will discuss strategy and give advice for preparing a complex environmental case for trial, including key pre-trial positions, data management, dispositive motions, and Daubert hearings. 

9:30 a.m. – 10:00 a.m.
Networking Break

10:00 a.m. – 12:00 a.m.
Part II – Getting Ready for and Conducting the Trial
The litigation continues into a trial with the judge presiding over evidentiary issues, testimony, and trial tactics. Following the federal Manual of Complex Litigation, the speakers will provide valuable information and courtroom tips that will benefit both novice and experienced litigators.

Speakers:
James A. Bruen, Farella, Braun + Martel, LLP, San Francisco, CA
John C. Cruden, Section Chair, U.S. Department of Justice, Washington, DC
Ron Hedges, Former United States Magistrate Judge, Ronald J. Hedges LLC, Hackensack, NJ
Peter Hsiao, Morrison & Foerster, LLP, Los Angeles, CA

12:00 p.m. – 2:00 p.m.
Lunch On Your Own

2:00 p.m. – 4:00 p.m.
Career Workshop: Aspirations – Meeting the Goal
During these difficult economic times, law students, young lawyers, and other transitioning lawyers often evaluate their professional aspirations and question how they will get from “point A” to “point B.” In this panel, a client development expert will offer practical suggestions on reaching career and marketing goals by using a development model. “Take-aways” from this interactive workshop will have immediate application in your career.

Facilitator:
Allan Colman, Managing Director, Closers Group, LLC, Torrance, CA