Tri-State FBA Seminar Sun Valley, Idaho
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1 Thursday, October 13, 2016 Time Event Speaker Program Overview 5:00 PM 8:00 PM WELCOME RECEPTION J. Walter Sinclair President, Idaho Chapter Friday, October 14, 2016 Time Event Speaker Program Overview 8:30 AM 9:00 PM CONTINENTAL BREAKFAST & REGISTRATION 9:00 AM 10:30 AM Proportionality and the New Discovery Protocols Chief Judge Winmill Chief Judge Nancy Freudenthal (Wyoming) U.S. Magistrate Judge Evelyn Furse (Utah) U.S. Magistrate Judge Kelly Rankin (Wyoming) Steven B. Andersen Partner, Andersen Schwartzman Woodard Brailsford The panelists will hold a discussion of the new discovery protocols, clarify the new definition of the scope of discovery; the importance of applying a proportionality analysis to discovery issues; the impacts of these changes on the duty to preserve evidence; and how they expect to apply the Rule changes. There will be time for Q&A.
2 10:30 AM 11:45 AM Patent Prosecution: Venue/Eastern District of Texas Use of Demonstratives and Graphics in Patent Cases Trademarks and the Washington Redskins Controversy Copyright Law, Not Just for Books and Music Judge Randall Rader (Washington, D.C.) Judge Dee Benson (Utah) Dana Herberholz, Shareholder, Parsons Behle & Latimer Teague Donahey, Holland & Hart Intellectual property continues to be an active and significant area of practice for in-house and outside counsel nationwide. Panelists will discuss a variety of IP hot topics, including the Washington Redskins trademark case and disparaging trademarks; the effective use of graphics in patent trials; ongoing controversies concerning venue in patent cases; recent case law at the periphery of copyright law; and international IP trends and developments. 11:45 AM 1:00 PM LUNCH Bruce Moyer, FBA Counsel for Government Relations Update: View from Washington The Courts, Judicial Vacancies and Election Year Politics. Also he will discuss the vacancy on the Supreme Court and other federal courts. 1:00 PM 2:00 PM Bankruptcy Chief Bankruptcy Judge Terry L. Myers Judge Joel Marker (Utah) Judge Cathleen D. Parker (Wyoming) Larry Prince, Partner, Holland & Hart A panel of distinguished bankruptcy jurists from Idaho, Utah and Wyoming will discuss various hot bankruptcy topics and a variety of bankruptcy issues of interest to both bankruptcy and non-bankruptcy practitioners. Topics will include the impact of recent United States Supreme Court decisions on the ability of a bankruptcy court to enter final judgments, the discharge of student loan debt, consumer and business related matters and appellate issues. Both 9th and 10th Circuit Court bankruptcy issues will be addressed.
3 2:00 PM 3:30 PM Federal Land Management: Conflicts Leading to the Malheur Refuge Occupation (and other Dust-Ups) U.S. Magistrate Judge Candy Wagahoff Dale John Huber, United States Attorney (Utah) Professor John Freemuth Boise State University Alan Schroeder, Partner, Schroeder & Lezamiz Law Offices, LLP Federal land management has been the source of several recent conflicts and renewed efforts to transfer management to state or private control, including the Bundy Ranch standoff in Nevada, Recapture Canyon in Utah, and the Malheur Refuge Occupation in Oregon. This panel will examine the Hammond case that led to the Malheur Refuge Occupation and the federal land management policies at the center of these conflicts. 3:30 PM 5:00 PM Effective & Ethical Trial Behavior Senior Judge Dale Kimball (Utah) Senior Judge David Sam (Utah) Matthew Lalli, Partner, Snell & Wilmer (Utah) U.S. Magistrate Judge Kelly Rankin (Wyoming) The panelists will highlight lawyer behavior during trials that is unethical, questionable, maddening, annoying, and ineffective. The panelists will also suggest lawyer behavior during trials that is effective and efficient, persuasive, reasonable, ethical, and delightful. 5:00 PM DINNER On Your Own Various Locations
4 Saturday, October 15, 2016 Time Event/Topic Speaker Program Overview 8:30 AM 9:00 AM CONTINENTAL BREAKFAST 9:00 AM 10:00 AM Criminal Program Magistrate Judge Paul Warner (Utah) Kathy Nester, Federal Defender (Utah) Rafael Gonzalez, First Assistant, United States Attorney s Office In 2013, the Justice Department launched a comprehensive review of the criminal justice system in order to identify reforms that would ensure federal laws are enforced more fairly and in an era of reduced budgets more efficiently. Among the Smart on Crime five goals was bolstering prevention and reentry efforts to deter crime and reduce recidivism. While the aggressive enforcement of federal criminal statutes has its place, we cannot prosecute our way to becoming a safer nation. The United States today has the highest rate of incarceration of any nation in the world, and the nationwide cost to state and federal budgets was $80 billion in 2010 alone. To be effective, federal efforts must also focus on prevention and reentry and use evidence-based strategies, to curb the disturbing rates of recidivism by those reentering our communities. These efforts include partnerships with all of the stakeholders in the federal criminal justice system: the courts, probation, and the federal defender. Panelists will discuss their experience with specialty and re-entry courts in Idaho and Utah.
5 10:00 AM 11:30 AM JUDGES PANEL Moderated by J. Walter Sinclair Judge Benson Judge Bush Judge Campbell Judge Dale Judge Freudenthal Judge Furse Judge Kimball Judge Marker Judge Myers Judge Parker Judge Rankin Judge Sam Judge Smith Judge Warner Judge Winmill The Judges Panel of the Tri-State conference is one of the most informative and educational for all attendees. We have judges from all three states, both Civil/Criminal and Bankruptcy who are willing to entertain and address pressing and practical issues raised by the attendees, questions relevant to their everyday practice. This is one of the most well attended and beneficial programs in our CLE offering.
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