Colorado and Federal Arbitration Law and Practice

Transcription

1 AM PROGRAM: 9:00 AM - 12:30 PM PROGRAM LEVEL: Beginner / Intermediate Beginner Intermediate Colorado and Federal Arbitration Law and Practice LIVE PROGRAM & LIVE WEBCAST: MARCH 30, 2017 Live program will be held at the CBA-CLE Large Classroom 1900 Grant St., Suite 300, Denver, CO WHAT YOU WILL LEARN: Learn to competently represent a client in a private arbitration matter. Learn the best practices for moving cases to and through arbitration hearings through the use of hypothetical vignettes that bring the process to life. Acquire information from experienced arbitrators bringing decades of experience. Colorado and Federal Arbitration Law and Practice focuses on the law of conventional, tried-and-true alternative dispute resolution processes that usually will resolve disputes economically, justly, speedily, and efficiently. WHO SHOULD ATTEND: Lawyers new to arbitration or with an intermediate knowledge of arbitration law; Attorneys looking to resolve disputes other than through the court system CLASS MATERIALS: Colorado and Federal Arbitration Law and Practice by Robert E. Benson! VIDEO REPLAYS: APRIL 21, 2017 Denver, Colorado Springs, and Grand Junction CLE CREDITS: Submitted for 7 General CLE Credits CLE Elite and Basic Pass Holders: Special Program Price! REGISTER CBA-CLE Publications to Watch For: The Practitioner s Guide to Colorado Business Organizations (ZPGCBO10B) Business Contracts: A Guide for Lawyers and Business Owners, 2016 Edition (ZBCAGB16B)

2 Colorado and Federal Arbitration Law and Practice With high court costs and packed dockets, parties are looking for alternative ways to resolve their disputes in a cost-effective, efficient manner, with many turning to arbitration. Arbitration clauses frequently appear in contracts, and practitioners may find themselves facing arbitration issues in cases ranging from consumer to employment to construction. This program will use vignettes to take you from the drafting of the arbitration agreement through the procedure of the arbitration hearing. Three experienced arbitrators will share their many years of expertise. CLASS MATERIALS: Robert E. Benson s Colorado and Federal Arbitration Law and Practice. REGISTER TODAY! LIVE PROGRAM & LIVE WEBCAST: MARCH 30, 2017 Live program will be held at the CBA-CLE Large Classroom 1900 Grant St., Suite 300, Denver, CO VIDEO REPLAYS: APRIL 21, 2017 Denver, Colorado Springs, and Grand Junction CLE CREDITS: Submitted for 7 General CLE Credits AGENDA Presented by Robert E. Benson, Esq., L. Tyrone "Ty" Holt, Esq., and Mark E. Lassiter, Esq. 8:30 AM Registration and Continental Breakfast 9:00 AM Welcome 9:10 AM Introduction to Arbitration Program purpose Nature of commercial or private arbitration, and how it differs from judicial or court-annexed arbitration Introduction of the program hypothetical 9:30 AM Overview of United States Arbitration Statutes, and Why They Matter Federal Arbitration Act ( FAA ) Uniform Arbitration Act ( UAA ) Revised Uniform Arbitration Act ( RUAA ) Significance of which arbitration act applies to your case or dispute 9:40 AM Pros and Cons of Private Arbitration 10:00 AM Pros and Cons of Administered versus Ad hoc or Non-Administered Arbitrations 10:10 AM Networking Break

3 AGENDA continued 10:20 AM Commencing an Arbitration Proceeding Practical How Tos, Tips, and Suggestions How to prepare a claimant s Demand for Arbitration How to prepare a respondent s Answering Statement Strategies for minimizing administrative fees and costs Arbitrators disclosure duties and obligations Arbitration discovery strategies, tactics, and opportunities 11:20 AM Drafting Good Arbitration Clauses 11:50 AM Lunch (on your own) 1:00 PM Common Arbitration Vignettes, Scenarios, and Situations Motions to Compel and/or Stay Arbitration Dismissal of the lawsuit when its claims are subject to arbitration Enforceability of arbitration clause in agreement allegedly procured by fraudulent misrepresentations What happens when some claims in a lawsuit are subject to private arbitration and others are not Practical things to consider when bringing or opposing a Motion to Compel Arbitration and Stay a Lawsuit Consolidation of separate commercial arbitration proceedings Availability of an injunction as interim or emergency relief in private arbitration Availability of provisional remedies (e.g., garnishment, attachment, or replevin) or the appointment of a receiver in private arbitration Waiver of right to arbitrate upon seeking provisional remedy 2:30 PM Networking Break 2:40 PM Common Arbitration Vignettes, Scenarios, and Situations (Continued) Issuance of discovery Subpoena Duces Tecum in arbitration Dispositive motions Can a party summarily dispose of an arbitration matter by a Motion to Dismiss or a Motion for Summary Judgment? What happens when a party to an arbitration doesn t pay its arbitration fees, costs, or expenses or the arbitrator s fees? Common evidentiary issues and situations at the arbitration hearing Amending claims and asserting new claims Determination and award of attorneys fees Post-award court confirmation proceedings CLASS MATERIALS: Colorado and 4:10 PM Arbitration Procedural Points Federal Arbitration Law and Practice by Robert E. Benson! 4:40 PM Adjourn REGISTER

4 OUR DISTINGUISHED AUTHOR AND FACULTY AUTHOR AND FACULTY: Robert E. Benson., Esq., Holland & Hart LLP, Denver, CO Robert E. Benson is of counsel to Holland & Hart LLP, Denver, Colorado, following a career with the firm as a partner and associate practicing civil litigation, with emphasis on construction and commercial disputes. He has tried and arbitrated cases involving most areas of construction and commercial law. His practice is now limited to serving as an arbitrator, mediator, early neutral evaluator, and dispute resolution board member, and advisor in the areas of legal malpractice and ethics. As an arbitrator, he regularly chairs arbitration panels on large complex commercial and construction arbitrations, as well as frequently serving as a sole arbitrator. He has similar experience as a mediator and has chaired several dispute review boards. Mr. Benson is the author of the book Colorado and Federal Arbitration Law and Practice (CLE in Colo., Inc. 3d ed. 2017). He is the founder and has been since its inception the managing editor of the four-volume Practitioners Guide to Colorado Construction Law (CLE in Colo., Inc. 2nd ed. Supp. 2015), as well as the author of the Alternative Dispute Resolution chapter therein, and the original author of several other chapters. He is co-author of the book, How to Prepare For and Take Depositions. Articles that he has written include Drafting Arbitration Clauses, Finders and Finders' Fees, Application of Comparative Negligence and Contribution Statutes to Third Party Defendants, Application of the Pro-rata Liability, Comparative Negligence and Contribution Statutes, and The Power of Arbitrators and Courts to Order Discovery in Arbitration. Mr. Benson is a speaker and author of written materials for American Arbitration Association seminars, including Recent Development in Arbitration Law, Drafting Arbitration Awards, and Chairing Arbitration Panels. He is also a regular speaker at Colorado Bar Association and American Bar Association continuing legal education seminars on a wide variety of topics, including Ethics in Negotiating Disputes, Understanding, Negotiating and Drafting Alternative Dispute Resolution Agreements, Representing Contractors in the Construction Process, Preventing Legal Malpractice, and Contract Risk Allocation and Transfer Clauses. Mr. Benson is admitted to the bars of the State of Colorado, U.S. District Court for the District of Colorado, U.S. Court of Appeals for the Tenth and Federal Circuits, U.S. Court of Federal Claims, U.S. Tax Court, and U.S. Supreme Court. He is a graduate of the University of Iowa (B.A.) and the University of Pennsylvania (J.D.). FACULTY: L. Tyrone "Ty" Holt, Esq., The Holt Group LLC, Denver, CO Ty" Holt is the founder of The Holt Group LLC, Attorneys & Counselors at Law, and Western Neutral Services, LLC, a commercial mediation and arbitration service. He is a nationally recognized construction lawyer, arbitrator and mediator. He has successfully tried a number of disputes in federal and state courts; and arbitration forums. He is listed in the Red Book of public finance attorneys. Mr. Holt is admitted to practice law before the United States Supreme Court, the Colorado Supreme Court, the United States Court of Appeals for the Ninth and Tenth Circuits, the United States District Court for the District of Colorado, and on a Pro Hac Vice basis in various other federal and state courts. In 1974, he was a law clerk to the Honorable Preston Devine, California 1st District Court of Appeals. Mr. Holt was on the Governing Committee of the American Bar Association Forum on the Construction Law from 2007 to He is a Fellow and Past President of the College of Commercial Arbitrators and a member of: Phi Beta Kappa National Honor Society; the American Arbitration

5 REGISTER Association s Construction Arbitration and Mediation Master Panels; the National Academy of Distinguished Neutrals; and the CPR International Institute for Conflict Prevention & Resolution. Mr. Holt is certified by the International Mediation Institute. He currently serves on the Dean s Advisory Council at Stanford Law School. Mr. Holt authored or co-authored many books and articles including: Design Professional/Construction Manager Liability Law, ABA Press, 2007; Chapter 2, The Design Professional, Fundamentals of Construction, Second Edition, ABA Publications, Inc. 2014; Demystifying the Arbitrator s Expectations: Best Practices for Promoting Efficiency and Economy in Arbitration ABA Forum on Construction Law, January 2014; and 3:00 a.m. Nightmares: Mistakes Attorneys Make in Complex Litigation and How to Deal With Them, ABA Forum on Construction Law, Mid-Winter Meeting, January FACULTY: Mark E. Lassiter, Esq., The Lassiter Law Firm, Tempe, AZ Mark Lassiter is an AV Preeminent Arizona and California attorney of over 33 years experience, practicing exclusively in the areas of business, real estate, construction and technology dispute resolution and transactions. He has been a commercial arbitrator with the American Arbitration Association (AAA) for 25 years, and serves on its Commercial, Construction and Large and Complex Case panels. He is a Fellow in the College of Commercial Arbitrators, a Member of the National Academy of Distinguished Neutrals (NADN), and is a Southwest Super Lawyer in the area of Alternative Dispute Resolution (ADR). An active member of the ADR Section of the State Bar of Arizona, Mr. Lassiter co-chaired its Legislative Affairs Subcommittee, and was its primary legislative contact, during the effort to pass Arizona s Revised Uniform Arbitration Act (RUAA). An expert on Arizona arbitration law and the RUAA, Mr. Lassiter developed and has chaired the periodic CLE programs Private Arbitration Update and Arbitration Bootcamp, which have been used to teach thousands of lawyers, judges, and law students the basics of arbitration law and practice. He also serves as a mediator on the panels of the AAA and the NADN, and has been appointed by the Arizona Superior Court as both a receiver and a special master to handle business dissolution and business divorce matters. He is a sustaining member of Arizona s Finest Lawyers, is among the Best of Arizona Attorneys in ADR in Ranking Arizona (2012), and is among Arizona s Top Rated Lawyers of 2014 and 2015 in the areas of ADR, Business and Commercial law in LEGAL LEADERS. He can be reached at (480) or at mlassiter@lassiterlawfirm.com. The CBA-CLE Pass Now Includes EVEN MORE! For as low as 55 PER MONTH Call us at or for more information, or visit us Find out what thousands of Colorado attorneys have discovered... Simple Smart Save! Unlimited Streaming Homestudies Live Seminars & Webcasts* Course Materials Online Archive Bradforms by CBA-CLE CBA-CLE Book Discounts Casemaker Libra Discount! *Unlimited for the Elite Pass We also have substantial discounts for law firms!

6 ABOUT THE BOOK Colorado and Federal Arbitration Law and Practice by Robert E. Benson CHAPTER 1: Introduction to Alternative Dispute Resolution in Colorado CHAPTER 2: Introduction to Colorado and Federal Law of Arbitration CHAPTER 3: Laws, Rules, and Procedures Governing Arbitration CHAPTER 4: Does State Law, Federal Law, or the Contract Govern the Arbitration Proceeding? CHAPTER 5: Agreements to Arbitrate CHAPTER 6: Arbitration of Particular Kinds of Claims and between Particular Entities CHAPTER 7: Arbitrability of Disputes: The Issues and the Law CHAPTER 8: Arbitrability Issues: Who Decides Them? CHAPTER 9: Procedures to Stay or Compel Arbitration CHAPTER 10: Representation of Parties by Attorneys and Non-Attorneys CHAPTER 11: The Arbitrator: Qualification, [Jurisdiction], Appointment, Disclosure, Resignation, Disqualification, Immunity, and Ethics CHAPTER 12: Pleadings, Motions, Fees, and Default CHAPTER 13: The Arbitration Process CHAPTER 14: Pre-Award Rulings, Interim and Provisional Orders, Sanctions, Enforcement, and Judicial Involvement CHAPTER 15: The Arbitration Hearing: Procedures, Witnesses, Evidence, and Closing CHAPTER 16: The Arbitration Award CHAPTER 17: Post-Award Proceedings before Arbitrator and District Court: Modification/Correction/Vacation of the Award CHAPTER 18: The Arbitration Award: Confirmation, Judgment, Fees, and Interest CHAPTER 19: Jurisdiction and Venue of the State and Federal Courts and of the Arbitrator CHAPTER 20: Appeal of Trial Court Orders and Judgments CHAPTER 21: ADR in the State (Colorado) and Federal Courts CHAPTER 22: ADR in the State and Federal Governments, Agencies, and Subdivisions CHAPTER 23: International Arbitration* CHAPTER 24: Mediation, Settlement Agreements, and the Colorado Dispute Resolution Act CHAPTER 25: Other ADR Procedures CHAPTER 26: Procedures for Filing/Prosecuting and Defending an Arbitration EXHIBITS* EXHIBIT 26A AAA Arbitration Roadmap A Guide to AAA Arbitration; EXHIBIT 26B AAA Arbitration Process: An Overview; EXHIBIT 26C Commencing an AAA Arbitration; EXHIBIT 26D Questionnaire to Proposed Arbitrators Concerning Neutrality; EXHIBIT 26E AAA Preliminary Hearing Procedures and Form for Preliminary Prehearing and Scheduling Order; EXHIBIT 26F Locale Determinations: AAA; EXHIBIT 26G AAA Form Demand For Arbitration; EXHIBIT 26H AAA Administrative Fees; EXHIBIT 26I AAA Administrative Offices; EXHIBIT 26J AAA Form Answer; EXHIBIT 26K Accelerated Exchange Agreement; EXHIBIT 26L Extended Sample Prehearing and Scheduling Order Colorado and Federal Arbitration Law and Practice Print Book CBA Member: 199; Non-Member: 219 PDF e-book CBA Member: 189; Non-Member: 209 Print Book CLE Item Number: ZCAFAB17B PDF e-book CLE Item Number: ZCAFAE17E

7 Colorado and Federal Arbitration Law and Practice REGISTRATION FORM PROGRAM ORDER FORM STEP 1 - REGISTRATION TYPE: (Select live program, live webcast, or video replay) Live Program: MARCH 30, In Denver at the CBA-CLE Classroom, 1900 Grant St., Suite 300 (DR033017L) Live Webcast*: MARCH 30, Must have access to high-speed internet (DR033017W) * Webcast participants: You must register by March 1, 2017 in order to receive the book Colorado and Federal Arbitration Law and Practice in print before the start of class. Video Replay: APRIL 21, Please indicate video replay location: Denver: CBA-CLE Classroom, 1900 Grant Street, Suite 300 (DR033017V) Colorado Springs: 421 S. Tejon Street, Suite 100 (DR033017VCS) Grand Junction: 1250 E. Sherwood Drive (DR033017VGJ) STEP 2 - REGISTRATION CATEGORIES: Non-member: CBA Member: New Lawyer Edge Partner: Register by PHONE... when using VISA, MasterCard or AmEx. (303) Toll-Free: (888) Or FAX form to... when using VISA, MasterCard or AmEx. FAX to: (303) Or MAIL form to... CBA-CLE, 1900 Grant St., Suite 300 Denver, CO Or Register ONLINE... when using VISA, MasterCard or AmEx. Special Program Price For Passholders: CLE Elite Pass Holder CLE Basic Pass Holder PROGRAM ORDER FORM TOTAL Name Attorney Reg. No. HOMESTUDY/BOOK ORDER FORM Firm/Organization To receive CLE credit, you must purchase a Homestudy program format. Each Homestudy includes an electronic copy of the CBA-CLE book Colorado and Federal Arbitration Law and Practice. STEP 1 - SELECT DESIRED PRODUCT FORMAT: Video-On-Demand (PDF of Book - DR033017N) MP3 Audio Download (PDF of Book - DR033017J) STEP 2 - SELECT PAYMENT CATEGORY: (Shipping & handling applies) Non-member: CBA Member: New Lawyer Edge Partner: Address Street Address City State / Zip BOOK ONLY: Colorado and Federal Arbitration Law and Practice Skip this step if you purchased the HOMESTUDY. Telephone ( ) Print Book (ZCAFAB17B) (Includes Print & Digital): Non-member: 219 (per book/plus S&H) Total No. of copies requested: CBA Member: 199 (per book/plus S&H) PDF ebook (ZCAFAE17E) (Digital Only): Non-member: 209 CBA Member: 189 Total No. of copies requested: PAYMENT METHOD: All registrations must include a check or charge card information. Check made payable to CBA-CLE (Check # ) VISA MasterCard AmEx Credit Card # NOTE: Shipping & handling only applies to orders you receive via mail. Materials will be mailed to you approximately 2 weeks after live program. Price Shipping & Handling Subtotal Applicable Sales Tax (7.62% Denver, 4% RTD and 2.9% rest of Colo.) HOMESTUDY/BOOK TOTAL Exp. Date Signature (required) CLE USE ONLY: Check #: Approval #: All registrations must include a check or charge card information. Mail to CBA-CLE, 1900 Grant St., Suite 300, Denver, Colorado You may register by phone or fax when using MasterCard, Visa or AmEx. Phone Fax

8 Colorado and Federal Arbitration Law and Practice 1900 Grant Street, Suite 300, Denver, Colorado Nonprofit Org. U.S. Postage Paid Permit No Denver, CO LIVE PROGRAM & LIVE WEBCAST: MARCH 30, 2017 Live program will be held at the CBA-CLE Large Classroom 1900 Grant St., Suite 300 Denver, CO VIDEO REPLAYS: APRIL 21, 2017 Denver, Colorado Springs, and Grand Junction Submitted for 7 General CLE Credits REGISTER PROGRAM LEVEL: Beginner / Intermediate Beginner Intermediate Colorado and Federal Arbitration Law and Practice LIVE PROGRAM & LIVE WEBCAST: MARCH 30, 2017 Live program will be held at the CBA-CLE Large Classroom 1900 Grant St., Suite 300, Denver, CO CLASS MATERIALS: Colorado and Federal Arbitration Law and Practice by Robert E. Benson! CLE Elite and Basic Pass Holders: Special Program Price! VIDEO REPLAYS: APRIL 21, 2017 Denver, Colorado Springs, and Grand Junction CLE CREDITS: Submitted for 7 General CLE Credits REGISTER