Westin St. Francis Hotel San Francisco, CATechnoEthics – Digital Security in the Modern Age Toxic...

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December 4-5, 2014 Westin St. Francis Hotel San Francisco, CA KEYNOTE SPEAKER: Salvatore “Sal” Augustine Giunta INSPIRATIONAL SPEAKER: Super-Agent Leigh Steinberg SEMINAR TOPICS: TechnoEthics – Digital Security in the Modern Age Toxic Tort Litigation and the Evolving Jury Pool Discounting Economic Losses to Present Cash Value in Today’s Modern Litigation Recent Developments in the Law of Social Media The Impact of Contractual and AI Defense Obligations in Construction Defect Litigation Elimination of Bias in the Legal Profession Motor Vehicles and “Black Box” Technology New Trial Motions – Dos and Don’ts Substance Abuse Secrets of Medical Malpractice and Many More

Transcript of Westin St. Francis Hotel San Francisco, CATechnoEthics – Digital Security in the Modern Age Toxic...

Page 1: Westin St. Francis Hotel San Francisco, CATechnoEthics – Digital Security in the Modern Age Toxic Tort Litigation and the Evolving Jury Pool Discounting Economic Losses to Present

December 4-5, 2014Westin St. Francis Hotel

San Francisco, CA

December 4-5, 2014

KEYNOTE SPEAKER:Salvatore “Sal” Augustine Giunta

INSPIRATIONAL SPEAKER:Super-Agent Leigh Steinberg

SEMINAR TOPICS: TechnoEthics – Digital Security in the Modern Age Toxic Tort Litigation and the Evolving Jury Pool Discounting Economic Losses to Present Cash Value in Today’s Modern Litigation Recent Developments in the Law of Social Media The Impact of Contractual and AI Defense Obligations in Construction Defect Litigation Elimination of Bias in the Legal Profession Motor Vehicles and

“Black Box” Technology New Trial Motions – Dos and Don’ts Substance Abuse Secrets of Medical Malpractice and Many More

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55TH Annual Meeting ENTERING A BRAVE NEW WORLD 1

lease join us on December 4-5, 2014 for the 55th Annual Meeting of the Association of Defense Counsel of Northern California and Nevada (ADC) at the historic Westin St. Francis on Union Square, in beautiful San Francisco, CA.

“Science, Technology and the Law – Entering A Brave New World” is the theme this year. First Vice-President Mike Kronlund and Second Vice-President Dave Daniels have put together what promises to be an interesting and informative line up of seminars which will no doubt be valuable to our civil defense practices. In addition to obtaining your MCLE credits, the Annual Meeting is a wonderful time to network and socialize with old friends and also a time to meet new friends and business associates.

The Annual Meeting will include the always popular “Year In Review” which will bring us up to date on important 2014 California and Nevada appellate decisions. Other sessions include eff ective use of post-trial motions and Statements of Decision. There will be panels addressing such diverse issues as contractual and AI defense obligations in construction defect litigation, liens in personal injury cases and the intricacies of discounting future economic losses to present cash value.

We are also off ering a number of panels which will address cutting edge issues such as recent developments in the law on social media and navigation of the applicable and evolving state and local regulations. In “TechnoEthics – Digital Security in the Modern Age,” the panel will address our obligations to safeguard information, security, challenges, and protecting private data.

On Friday, Our CDC Legislative Advocate, Mike Belote will bring us up to date on legislation impacting the defense practice in California. There will also be a dynamic session covering Eff ective Opening Statements. You will hear from two leading California trial attorneys, Bob Buccola, a California ABOTA Trial Lawyer of the Year Award recipient, and Michael Schonbuch a leading defense lawyer, Faculty member at the ABOTA Trial School and President Elect of the Association of Southern California Defense Counsel.

This year’s keynote speaker is Medal of Honor recipient, Salvatore “Sal” Giunta, the fi rst living recipient of the Medal of Honor for service in Iraq or Afghanistan. On Oct. 25, 2007, Mr. Giunta and his squad were navigating treacherous terrain in Afghanistan’s Korengal Valley when ambushed by an insurgent force. During the gunfi ght, Mr. Giunta, advancing before his squad, observed two insurgents carrying away an American soldier. He immediately engaged the enemy, killing one and wounding the other. For his extraordinary gallantry, unrivaled courage and selfl ess leadership, Mr. Giunta was awarded the Medal of Honor in a White House ceremony on Nov. 16, 2010.

Our Inspirational Speaker, Leigh Steinberg, is often referred to as the “real-life Jerry Maguire.” Mr. Steinberg is the pre-eminent sports agent and sports attorney in the nation. During his extensive career, his esteemed client list has included hundreds of premier professional athletes in football, baseball, basketball, golf, boxing, volleyball, and Olympic sports. An accomplished speaker, Mr. Steinberg has traveled the world addressing topics he is passionate about ranging from sports and entertainment, concussion prevention, the environment, to political and economic issues.

My term as President will end at the Annual Meeting. It has been an honor to serve as your President this year. Mike Kronlund will be installed as President for 2015, and under his leadership, he and your Board of Directors will keep the ADC one of the preeminent defense organizations supporting defense practitioners.

I look forward to seeing you at the December Annual Meeting of the ADC!

Linda J. Lynch2014 ADC President

PRESIDENT’S WELCOME

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Thursday, December 4, 2014TIME TRACK A TRACK B TRACK C

8:45 am – 9:00 am Welcome and Annual Business Meeting9:00 am – 10:30 am

FIRST MORNING SESSION

2014 – The Year in Review

10:30 am – 10:45 am Break10:45 am – 12:00 noon

SECOND MORNING SESSION

Recent Developments in the Law on Social Media: How Employers Can Avoid the Traps of Evolving Regulations

The Increasing Impact of Contractual and AI Defense Obligations in Construction Defect Litigation

TechnoEthics – Digital Security in the Modern Age

12:00 noon – 1:30 pm Lunch on Own1:30 pm – 2:30 pm

FIRST AFTERNOON SESSION

Motor Vehicles and “Black Box” Technology – How to Understand and Use the Data

Two Bites at the Apple – The Use of Post-Trial Motions and Statements of Decision Before Filing the Notice of Appeal

Substance Abuse

2:30 pm – 2:45 pm Break2:45 pm – 3:45 pm

SECOND AFTERNOON SESSION

Discounting Economic Losses to Present Cash Value – Seemingly Small Diff erences in Discount Rates Can Mean Big Diff erences in Dollars and Credibility

Winning Your Appeal at Trial: Perfecting, and Imperfecting, the Record

Walk the Walk – Ongoing Challenges of Diversity in the Legal Profession

3:45 pm – 4:00 pm Break – Vendor Prizes4:00 pm – 4:45 pm

SUB-LAW SECTIONS EDUCATION SESSIONS

• Litigation • Medical / Healthcare• Toxic Torts • Young Lawyers

4:50 pm – 5:20 pm

SUB-LAW SECTIONS MEETINGS

• Construction • Medical / Healthcare• Employment • Public Entity• Insurance • Toxic Torts• Landowner Liability • Transportation• Litigation • Young Lawyers

5:30 pm – 7:30 pm President’s Reception

Friday, December 5, 2014TIME8:30 am – 9:15 am Legislative Update

9:15 am – 9:30 am Break9:30 am – 10:45 am Eff ective Opening Statements

10:45 am – 11:00 am Break11:00 am – 12:00 pm Leigh Steinberg

12:00 pm Luncheon: Keynote Speaker: Salvatore Giunta, Medal of Honor Recipient

SCHEDULE AT-A-GLANCE

55TH Annual Meeting – December 4-5, 2014

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55TH Annual Meeting ENTERING A BRAVE NEW WORLD 3

SCHEDULE OF EVENTS

REGISTER ONLINE AT WWW.ADCNCN.ORG

7:30 am – 7:30 pmRegistration Open

Italian Room

7:30 am – 4:00 pmVendor Faire Open

Colonial and Italian Rooms

7:30 am – 8:45 amContinental Breakfast

Vendor Faire Area – Colonial and Italian Rooms

8:45 am – 9:00 amWelcome and Annual Business Meeting

Grand Ballroom

ADC President Linda Lynch welcomes you to the 55TH Annual Meeting. Please join your colleagues to conduct annual association business as well as elect our o� cers and board members for 2015.

FIRST MORNING SESSION

9:00 am – 10:30 am2014 – The Year in Review

(MCLE – 1.5 hours General credit) Grand Ballroom

The ADC’s Annual Case Law Review presented by our expert panelists, Mike Brady, Jacquelyn Wilson and Robert Eisenberg. This informative session will provide you with important updates in California and Nevada law. This session is always a favorite and very informative for all attendees.

Robert L. Eisenberg, Esq.Lemons, Grundy

& Eisenberg

Michael J. Brady, Esq.Ropers, Majeski, Kohn & Bentley

and ADR Services, Inc.

Jacquelyn K. Wilson, Esq.

Samuelson, Wilson & Roe

10:30 am – 10:45 am Break

Colonial and Italian Rooms

— Thursday, December 4, 2014 —

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SECOND MORNING SESSION – TRACK A

10:45 am – 12:00 noonRecent Developments in the Law on Social Media: How Employers Can Avoid the Traps of Evolving Regulations

(MCLE – 1.25 hours General credit) Grand Ballroom

The panelists will discuss recent developments and national trends in the law on social media.  The discussion will cover ethics decisions from State Bar associations, state and federal decisions from across the country, and the NLRB’s role in the law on social media.  The panelists will also provide useful tips for complying with constantly evolving state and local regulations.

Marie A. Trimble-Holvick

Gordon & Rees

Joseph Frankl Regional Director, NLRB

John ScaliaLittler Mendelson, PC

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55TH Annual Meeting ENTERING A BRAVE NEW WORLD 5

SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SECOND MORNING SESSION – TRACK B

10:45 am – 12:00 noonThe Increasing Impact of Contractual and AI Defense Obligations in Construction Defect Litigation

(MCLE – 1.25 hours General credit) Elizabethan Room

Contractual and additional insured defense obligations have taken center stage in construction defect litigation over the past few years.  Cases are frequently driven as much or more by these issues as they are by the substantive defect claims made by the plainti� s.  Developers and general contractors are pursuing defense cost claims with a vengeance and carriers are intervening in actions to assert equitable contribution and subrogation claims.  Additional insured carriersare also pursuing each other for contribution and carriers are pursuing reimbursement of defense costs incurred with respect to claims for which there was no potential for coverage, pursuant to Buss v. Superior Court (1997) 16 Cal.4th 35.  This seminar will address applicable statutes and case law, as well as the practical implications these developments have in resolving construction defect disputes.

Bruce A. EdwardsJAMS

R. Scott DiazLorber, Green� eld & Polito

Steven E. McDonaldBledsoe, Cathcart, Diestel,

Pedersen & Treppa, LLP

Jill J. LifterRyan & Lifter

Charles H. “Chuck” Numbers

Meredith, Weinstein & Numbers

No Regrets Meeting PolicyIf you attend this year’s Annual Meeting as a paid full registrant, member or non-member, haven’t attended an Annual Meeting within the past three years and you are not completely satisfi ed with the meeting, you will receive a 100% refund of your registration fee.  Please contact Jennifer Blevins at [email protected] regarding this policy.  Thank you.

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SECOND MORNING SESSION – TRACK C

10:45 am – 12:00 noonTechnoEthics – Digital Security in the Modern Age

(MCLE – 1.25 hours General credit) California East Room

When does it become your ethical or legal obligation to safeguard information? This seminar discusses the security challenges and rewards of various technologies and some best practices for protecting private data in a world of rapidly spreading information technology.• Types of Private Information• The Truth About Hacking• Virtual Private Network (VPN): The Safer Solution• The Safeguards of Multi-Factor Authentication• Implications of Using “The Cloud”• Secure Conduction of Virtual Depositions• Password Policies

Mike MurrayVeritext

12:00 noon – 1:30 pm Lunch on Own

FIRST AFTERNOON SESSION – TRACK A

1:30 pm – 2:30 pmMotor Vehicles and “Black Box” Technology – How to Understand and Use the Data

(MCLE – 1.0 hour General credit) Grand Balloom

This session will present an overview of Event Data Recorders (EDR’s) in all types of motor vehicles, including how they work, how the data can be analyzed for use in litigation, pending legislation a� ecting EDR’s, discovery and admissibility issues related to EDR’s, and EDR data retention requirements. Other devices, including vehicle navigation systems, video event recorders and onboard recorders for hours of service, will also be discussed.

John P. CotterDiepenbrock & Cotter

John SteinerMecanica Scienti� c

Services Corp.

Christopher F. JohnsonMaranga • Morgenstern

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

FIRST AFTERNOON SESSION – TRACK B

1:30 pm – 2:30 pmTwo Bites at the Apple – The Use of Post-Trial Motions and Statements of Decision Before Filing the Notice of Appeal

(MCLE 1.0 hour General credit) Elizabethan Room

Post-trial motions and Statements of Decision provide an often over-looked and more often misunderstood opportunities to re-focus on factual issues, to re-weigh the evidence through the court’s duties as the “thirteenth juror,” to exercise the court’s supervisory power over the verdict, and, in court trials, to reverse the standard of review.

Judge Peter Kirwan, Supervising Judge for the Complex Civil Trials in Santa Clara County, Craig Needham, long the legal guru of the Plainti� s’ Bar and Mark Bonino, former President of the ADC explain the steps that must be taken and objections that can be raised to place a bad result on a � rm footing for appeal (or e� ective mediation) and to preserve a good decision from a sneak attack.

Mark G. BoninoHayes, Scott, Bonino,

Ellingson & McLay, LLP

Craig E. NeedhamNeedham, Kepner & Fish

Hon. Peter H. KirwanSanta Clara Superior Court

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

FIRST AFTERNOON SESSION – TRACK C

1:30 pm – 2:30 pmSubstance Abuse in the Legal Profession: Prevention, Detection, and Treatment 2014

(MCLE – 1.0 hour Substance Abuse credit) California East Room

In this presentation, Mr. Mann provides a review of the brain chemistry of addiction and alcoholism, as well as a discussion of the behavioral and health consequences of the disease. Insights are o� ered into the personality traits of attorneys and the qualities of the legal profession that combine to make lawyers signi� cantly more susceptible to addiction, and more di� cult to treat, than the general population. The presentation includes a case study of an addict attorney, as well as a self-diagnosis exercise for attorneys to utilize if they are concerned that they may have a problem which needs to be addressed. Concluding remarks are directed towards both systemic and individual solutions to the problem, with references to speci� c strategies and resources available to attorneys. Mr. Mann approaches this very serious topic in a manner that incorporates humor and irony and invites attorneys to engage in a bit of sometimes much-needed self refl ection. David Mann

The Other Bar

2:30 pm – 2:45 pm Break

Colonial and Italian Rooms

The Other Bar is a network of recovering lawyers and judges throughout the state, dedicated to assisting others within the profession who are su� ering from alcohol and substance abuse problems. Our organization is founded on the principle of anonymity and provides services in strict con� dentiality. The program is voluntary and open to all California lawyers, judges and law students.

The Other Bar is most easily reached through our consultants by dialing our con� dential hotline or using our con� dential e-mail access system.

For Telephone Assistance: 1-800-222-0767For Email Assistance: Con� [email protected]

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SECOND AFTERNOON SESSION – TRACK A

2:45 pm – 3:45 pmDiscounting Economic Losses to Present Cash Value – Seemingly Small Di� erences in Discount Rates Can Mean Big Di� erences in Dollars and Credibility

(MCLE – 1.0 hour General credit) Elizabethan Room

Present Cash Value – What does it mean? California jury instructions state that if the jury decides that the plainti� ’s harm includes future economic damages for loss of earnings/future medical expenses/ lost pro� ts, then the amount of those future damages must be reduced to their present cash value. This session will review the economic damages calculation, California jury instructions (3904A), the present value calculation, the current � nancial environment, discount and infl ation rates, methodologies used by economic damages experts, and sample calculations. Craig Enos

Owner, Enos ForensicsDrexwell Jones

Buty & Curliano

SECOND AFTERNOON SESSION – TRACK B

2:45 pm – 3:45 pmInnocent Child’s Toy or Weapon of Mass Destruction: Analyzing Liens in Personal Injury Cases

(MCLE – 1.0 hour General credit) California East Room

This is a multimedia presentation executed in seminar style dedicated to understanding statutory (Medicare, Other Federal Liens, HMO, Hospital, County Hospital and Medi-cal) and non-statutory liens (doctor and chiropractor, med pay, attorney) in California. It will dovetail how Howell, Corenbaum, and State Farm a� ect liens.  The seminar will provide a 9 step Basic Analysis that applies to all medical oriented liens.  The practitioner will leave with the tools (and a cheat sheet) needed to confront the mystery, and misery, liens present when settling, trying and paying a personal injury claim.

Ryan PlotzMitchell, Brisso,

Delaney & Vrieze

Dave RosenbaumMcDowall * Cotter APC

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SECOND AFTERNOON SESSION – TRACK C

2:45 pm – 3:45 pmWalk the Walk – Ongoing Challenges of Diversity in the Legal Profession

(MCLE – 1.0 hour Elimination of Bias credit) Georgian Room

This interactive and dynamic session features a � lm screening of Walk the Walk.   Discussion will include how to confront and overcome current obstacles to creating a truly diverse work force within the legal profession.

Maria S. QuinteroHinshaw & Culbertson LLP

3:45 pm – 4:00 pm Break and Vendor Prizes

Vendor Faire Area – Colonial and Italian Rooms

SUB-LAW SECTION TRACK A – LITIGATION

4:00 pm – 4:45 pmHow to Calculate Third Party O� sets

(MCLE – .75 hour General credit) California East Room

This session will discuss how a defendant calculates the amount of any o� sets, including off sets for a co-defendant’s pre-trial settlement with plainti� , and o� sets for a plainti� ’s receipt of Workers Compensation bene� ts resulting in either a Notice of Lien or Complaint-In-Intervention. Christopher F. Johnson

Maranga • Morgenstern

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SUB-LAW SECTION TRACK B – MEDICAL / HEALTHCARE

4:00 pm – 4:45 pmSecrets of Malpractice Revealed – Part Deux

(MCLE – .75 hour General credit) Georgian Room

Continuing from last year’s smashing success on the early stages of a medical malpractice case, a panel of experienced plainti� and defense attorneys will unravel the nuances of medical malpractice trials. This year’s panel will add a sitting superior court judge, the Honorable David Abbott, to allow you to see a medical malpractice trial from a judge’s perspective. Picking up from last year, this seminar will track medical malpractice litigation from the settlement and ADR process, through trial practice and strategy and conclude with a discussion of post-verdict considerations and procedure. A must for attorneys and claims professionals specializing in medical professional liability defense and anyone who tries cases with medical expert issues.

Robert H. ZimmermanSchuering Zimmerman

& Doyle, LLP

Hon. Dave AbbotSuperior Court of

Sacramento County

Je� rey S. MitchellMitchell Law Group

SUB-LAW SECTION TRACK C – TOXIC TORTS

4:00 pm – 4:45 pmSame Pool, Di� erent Fish – The Changing Nature of the Jury Pool in San Francisco, Alameda and Northern California

(MCLE – 0.75 hour General credit) Elizabethan Room

Sarah Murray, Eugene Brown and James Cunningham have spent over twenty years selecting juries in San Francisco, Alameda and Northern California. Social, demographic and economic trends are impacting these geographic regions. As a result, the jury pools are changing. Our panelists will share their experiences and discuss vital information regarding voir dire and jury selection.

Sarah MurrayTailcraft, Inc.

Eugene BrownSedgwick LLP

James P. CunninghamTucker Ellis LLP

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SCHEDULE OF EVENTS

— Thursday, December 4, 2014 —

SUB-LAW SECTION TRACK D – YOUNG LAWYERS

4:00 pm – 4:45 pmWinning Your Appeal at Trial: Perfecting, and Imperfecting, the Record

(MCLE – 0.75 hour General credit) Victorian Room

Success at the Court of Appeal depends most of all on what happened while the matter is still at the superior court. And “what happened” is determined exclusively by the rules relating to the record on appeal. Learn how to avoid common mistakes, and some perhaps uncommon tips on good record-making strategy.

Don WillenburgGordon & Rees

Hon. Mark B. SimonsFirst District California

Court of Appeals

Gary A. WattArcher Norris

SUB-LAW SECTION MEETINGS

4:50 pm – 5:20 pm

ConstructionJill J. Lifter (Co-Chair)

Jennifer L. Wilhelmi (Co-Chair)

EmploymentMichael S. Burke (Co-Chair)

Marie Trimble-Holvick (Co-Chair)

InsuranceMaria Quintero (Co-Chair)Michon Spinelli (Co-Chair

Landowner LiabilityMichon Spinelli (Chair)

LitigationJames J. Arendt (Co-Chair)

Christopher F. Johnson (Co-Chair)

Medical / HealthcareD. Marc Lyde (Co-Chair)David A. Levy (Co-Chair)

Public EntityJames J. Arendt (Chair)

Toxic TortsDrexwell M. Jones (Co-Chair)

James P. Cunningham (Co-Chair)

TransportationJohn P. Cotter (Chair)

Young LawyersMarie Trimble-Holvick (Chair)

Membership in the ADC allows for membership in the Substantive Law Sections. Benefi ts of the Sub-Law Sections include receipt of periodic newsfl ashes alerting members to recent decisions; continuing education seminars and brown bag sessions; listserv e-groups; and the opportunity to meet face-to-face once per year during the Annual Meeting. Please refer to the schedule on page 2 which outlines the sub-law section meeting schedule. All of the meetings are on Thursday afternoon to allow for more interaction and participation. These annual meetings provide an opportunity to discuss common issues, plan future continuing education programs and provide a networking opportunity to meet your fellow members who practice in the same area. Please plan to attend the Substantive Law Section meetings on Thursday. Listed to the left are the chairs for each section, if you see them throughout the Annual Meeting, please feel free to inquire about your participation and involvement.

5:30 pm – 7:30 pm President’s Reception

Grand Ballroom

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55TH Annual Meeting ENTERING A BRAVE NEW WORLD 13

SCHEDULE OF EVENTS— Friday, December 5, 2014 —

8:00 am – 12:00 noonRegistration and Vendor Faire Open

Italian Room

8:00 am – 8:30 amContinental Breakfast

Italian Room

8:30 am – 9:15 amLegislative Update

(MCLE – .75 hour General credit) Colonial Room

California Defense Counsel Legislative Advocate Mike Belote will present an interesting review of legislation impacting defense practice in California. Mike will bring you up-to-date on what has happened over the past year and what may surprise us in 2015.

9:15 am – 9:30 am Break

Italian Room

MCLE Credit InformationThis annual meeting has been approved for Minimum Continuing Legal Education credit by the State Bars of California and Nevada. The total available credit is 7.5 hours, including 2.0 hours specialty credits su� cient to satisfy the California Triennial Specialty Credit Requirement for 1.0 hours for Prevention, Detection and Treatment of Substance Abuse, and 1.0 hours for Elimination of Bias credit.

Be sure to sign in for your MCLE credit in the Italian Room and retain your Certi� cate of Attendance

Michael D. Belote, Esq.California Advocates, Inc.

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SCHEDULE OF EVENTS— Friday, December 5, 2014 —

9:30 am – 10:45 amE� ective Opening Statement

(MCLE – 1.25 hour General credit) Colonial Room

How to start winning your case before jury selection starts. Hear from two leading California trial attorneys, Bob Buccola who has received six record plainti� verdicts in four counties and was the California ABOTA Trial Lawyer of the Year, and Michael Schonbuch a leading defense lawyer in Southern California, Faculty member at the ABOTA Trial School and the President Elect of the Association of Southern California Defense Counsel. This session will cover Opening Statements and all aspects of the Mini-Opening Statement including:• When to utilize• Purpose and eff ect• Tying mini-opening into voir dire• How to prevent your opponent from abusing

Bob BuccolaDreyer, Babich, Buccola,

Wood, Campora, LLP

Michael SchonbuchDaniels, Fine, Israel,

Schonbuch & Lebovits

10:45 am – 11:00 am Break

Italian Room

11:00 am – 12:00 noonInspirational Speaker: Leigh Steinberg

Colonial Room

Leigh William Steinberg is the pre-eminent sports agent and sports attorney in the nation. During the four decades that Leigh has dedicated to his craft, he has come to call some of the most elite athletes of this generation his clients as well as his friends. His esteemed client list has included hundreds of premier professional athletes in football, baseball, basketball, golf, boxing, volleyball, and Olympic sports.

Steinberg has pioneered the convergence of the sports and entertainment industries. Leigh is credited as the real life inspiration of the sports agent from the � lm Jerry Maguire. His wealth of resources and experiences ensure he is frequently sought out to act as a consultant on a variety of entertainment projects, most notably For Love of the Game, Any Given Sunday as well as the TV series Arliss.

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SCHEDULE OF EVENTS— Friday, December 5, 2014 —

12:00 noon LuncheonAnnual Luncheon with Keynote Speaker Salvatore Giunta, Medal of Honor Recipient

Grand Ballroom

Salvatore “Sal” Augustine Giunta was born on January 21, 1985 in Clinton, Iowa. The oldest of three children of Steven, a medical equipment technician and Rosemary, a pre-school teacher, Giunta grew up in Cedar Rapids and Hiawatha, Iowa. At age 17, while working in a Subway sandwich shop, he decided to enlist and he joined the Army in November 2003. He attended Infantry One Station Unit Training and the Basic Airborne Course at Fort Benning, Georgia, before being assigned to the 173rd Airborne Brigade Combat Team, Vicenza, Italy, on May 24, 2004. Promoted to the rank of Staff Sergeant in 2009, Giunta completed two combat tours to

Afghanistan totaling 27 months of deployment.

On October 25, 2007, while conducting a patrol as team leader, Giunta and his team were navigating through the treacherous terrain of Afghanistan’s Korengal Valley when they were ambushed by a well-armed and well-coordinated insurgent force. While under heavy enemy fire, Giunta immediately sprinted towards cover and engaged the enemy. Seeing that his squad leader had fallen and believing that he had been injured, Giunta exposed himself to withering enemy � re and raced towards his squad leader, helped him to cover and administered medical aid. While administering � rst aid, enemy � re struck Giunta’s body armor and his secondary weapon. Without regard to the ongoing � re, Giunta engaged the enemy before prepping and throwing grenades, using the explosions for cover in order to conceal his position. Attempting to reach additional wounded fellow soldiers who were separated from the squad, Giunta and his team encountered a barrage of enemy � re that forced them to the ground. The team continued forward and upon reaching the wounded soldiers, Giunta realized that another soldier was still separated from the element. Giunta then advanced forward on his own initiative. As he crested the top of a hill, he observed two insurgents carrying away an American soldier. He immediately engaged the enemy, killing one and wounding the other. Upon reaching the wounded soldier, he began to provide medical aid, as his squad caught up and provided security.

For his extraordinary gallantry, unrivalled courage and selfl ess leadership in action on October 25, 2007, Giunta was awarded the Medal of Honor by President Barack Obama in a White House ceremony on November 16, 2010. Staff Sgt. Giunta was the fi rst living recipient of the Medal of Honor for service in Iraq or Afghanistan, the fi rst living service member to be awarded the Medal of Honor since the Vietnam War and the eighth service member to receive the nation’s highest military decoration for valor in Iraq and Afghanistan. His other military decorations include the Bronze Star, Purple Heart, Army Commendation Medal w/oak leaf cluster, Army Achievement Medal, National Defense Service Medal, two Army Good Conduct Medals and the Global War on Terrorism Service Medal to name a few.

He retired from the Army in June 2011 and is the author of Living with Honor (2012). He currently resides in Colorado with his wife Jennifer Giunta and his daughter.

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16 ENTERING A BRAVE NEW WORLD 55TH Annual Meeting

Mezzanine

SecondFloor

Lobby

WESTIN ST. FRANCIS

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55TH Annual Meeting ENTERING A BRAVE NEW WORLD 17

PLATINUM SPONSORLUNCHEON KEYNOTE SPONSOR

GOLD SPONSOR

BRONZE SPONSOR

THANK YOU TO OUR SPONSORS

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18 ENTERING A BRAVE NEW WORLD 55TH Annual Meeting

ADR Services

American Geotechnical

Aquatech Consultancy

Atlas Settlement Group, Inc.

CASE Forensics

Cohen Volk Economic Consulting Group

Compex Legal Services

Engineering Systems, Inc. (ESI)

ExamWorks

HSNO

Ivey Engineering

Judicate West

Liberty Med-Legal Admin

MEA Forensic Engineers & Scientists

MRK Medical Consultants

Principia Engineering, Inc.

Quest Discovery Services

Roughan & Associates

Udinsky Group

Veritext

2014 VENDORS

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55TH Annual Meeting ENTERING A BRAVE NEW WORLD 19

ADC PAST- PRESIDENTS

1960 Robert M. Davis, Sr.1961 Edward T. Moran1962 J. Barton Phelps1963 Vernon Goodin1964 W.W. Gudmundson1965 Carl R. Vendt1966 Eugene J. Majeski1967 Dudley W. Sheppard1968 Joseph W. Rogers, Jr.1969 Lewis L. Fenton1970 Harold J. Chase1971 James H. Barstow1972 E.D. Bronson, Jr.1973 Louis A. DeMers1974 Richard V. Bettini1975 John F. Van De Poel1976 Archie Robinson1977 John D. Chinello, Jr.1978 George W. Ball1979 Claude H. Smart, Jr.1980 Nelson Barry1981 Donald H. Kincaid1982 Lowell T. Carruth1983 Donald S. Walter1984 Paul H. Cyril1985 David P. Freitas1986 Anthony J. Barrett1987 David B. Lynch1988 Kevin J. Dunne1989 Paul H. Coff ee1990 Chester Morris1991 William R. Strickland1992 Michael J. Brady1993 John M. Drath1994 Daniel F. Quinn1995 Thomas F. Keating, Jr.1996 Julia A. Molander1997 Dennis F. Moriarty1998 Raymond M. Coates1999 Steven H. Gurnee2000 Jesse F. Ruiz2001 Susan M. Keeney2002 Wayne H. Maire2003 Dennis P. Howell2004 W. Eric Blumhardt2005 Douglas A. Sears2006 Peter O. Glaessner2007 Jonathan C. Bacon2008 Patricia Tweedy2009 Mark G. Bonino2010 Karen Jacobsen2011 Andrew R. Weiss2012 John M. Vrieze2013 Gregory D. Pike

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20 ENTERING A BRAVE NEW WORLD 55TH Annual Meeting

This award, presented each year at the Annual Meeting Luncheon, acknowledges an individual who has provided exemplary service to the association, the profession, and the civil justice system.

Past Recipients of ADCNCN President’s Award Include:

This award was established in 1999 to honor the memory of Nathan Holt, a claims representative with the California State Automobile Association, who was a longtime, ardent supporter of the ADCNCN and its ideals. The award is presented at the ADCNCN Annual Meeting Luncheon to acknowledge a non-member who has contributed signifi cantly to the relationship between defense counsel and their clients and who has also helped to further the goals of the Association of Defense Counsel of Northern California and Nevada.

Past recipients of this award include:

1999 Nathan Holt (posthumous)2002 Ringler Associates2003 Mike Brink2005 Patrick A. Long 2006 David Prescott (posthumous)2007 Sharon Wills2008 Steve Poulson2010 Lola Hogan2011 Vicki Campbell2013 Stacey A. Jackson

1987 Vernon Goodin1988 Claude H. Smart, Jr.1989 Dudley Sheppard1990 Archie S. Robinson1991 David B. Lynch1992 Edward J. McFetridge

(posthumous)

1993 Paul H. Cyril1994 Paul H. Coff ee1995 Suzette Martinez1996 Daniel F. Quinn1997 Michael J. Brady1998 Thomas F. Keating, Jr.1999 Eugene J. Majeski2000 Bruno D. Marraccini

(posthumous)

2001 Karl A. Keener2002 Steven H. Gurnee2003 Jacquelyn K. Wilson2004 Mark S. Adams2005 Paul A. Brisso2006 Raymond M. Coates2007 Peter O. Glaessner2008 Jeane Struck2009 Vincent B. McLorg

(posthumous)

2010 Patricia S. Tweedy2011 Melissa Blair Aliotti2012 David S. Rosenbaum2013 John A. Aberasturi

NATHAN HOLT MEMORIAL “FRIEND OF THE ADC” AWARD

ADC PRESIDENT’S AWARD

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— Register online at www.adcncn.org —before 10/2/14 10/3/14 – 12/3/14

REGISTRATION FEES: EARLY REGULAR ONSITEADCNCN Members $495 $545 $575Claims Personnel $325 $370 $395Claims Personnel (Thursday am Only) $125 $150 $150Non-Member Attorneys $795 $795 $850Young Lawyer (ADC member, in practice up to 5 years) $385 $385 $420Companion (President’s Reception Only) $150 $150 $150Companion (Luncheon Only) $125 $125 $125

REGISTRATION: Pre-registration for the ADCNCN Annual Meeting is encouraged

to ensure adequate meeting space and advance notice to registrants in the event of any program changes. Registration is accomplished online or by � lling out and sending in the attached registration form with your check or credit card payment. The above registration fees cover single admission to all lectures, the President’s Reception and the Annual Luncheon.

REGISTERING GUESTS: Each Registrant may bring one companion to Thursday evening’s

President’s Reception at an additional cost of $150 and one companion to the Annual Meeting Luncheon at an additional cost of $125. Your companion(s) must be registered in advance. Those attending these events as companions may not be ADCNCN members.

PLEASE NOTE: Tickets are not sent in advance. All tickets and program materials

are distributed at the time of check-in. Name badges must be worn or presented at all functions.

REFUND POLICY: Due to our commitment to the hotel, any meeting registration

cancellation and request for refund must be in writing and submitted to the ADCNCN o� ce no later than November 2, 2014. A $100 surcharge will be assessed to all cancellations received on or before November 2, 2014. ADCNCN Fax: (916) 924-7323 or e-mail: [email protected]. No refunds will be made for cancellations received after November 2, 2014.

HOTEL: The Westin St. Francis is located at 335 Powell Street,

San Francisco, CA 94102-1875; (415) 397-7000.

ROOM RATES: $239 Single/Double (Hurry! This rate is good only until November 2, 2014) For Room Reservations, call (415) 397-7000.

QUESTIONS: ADCNCN, 2520 Venture Oaks Way, Suite 150 Sacramento, CA 95833 (916) 239-4060 • Fax: (916) 924-7323 E-mail: [email protected] • Web: www.adcncn.org

REGISTRATION INFORMATION

55TH Annual Meeting – December 4-5, 2014

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— Register online at www.adcncn.org —Save Paper and Postage!

before 10/2/14 10/3/14 – 12/3/14REGISTRATION FEES: EARLY REGULAR ONSITE� ADCNCN Members $495 $545 $575� Claims Personnel $325 $370 $395� Claims Personnel (Thursday am Only) $125 $150 $150� Non-Member Attorneys $795 $795 $850� Young Lawyer (ADC member, in practice up to 5 years) $385 $385 $420� Companion (President’s Reception Only) $150 $150 $150� Companion (Luncheon Only) $125 $125 $125

Name/State Bar ID:

Companion’s Name for Reception/Luncheon:

Company/Firm:

Address:

City/State/Zip:

Phone:

Fax:

E-mail:

LUNCHEON TABLE RESERVATION: Please reserve ____ table(s). (You must register 10 people to reserve a table.)

PAYMENT INFORMATION:� Enclosed is my check for $________� Please charge $________ to my � MasterCard � Visa� Payment made online

Card Number:

Expiration Date:

Signature:

Name as Appears on Card:

Credit Card Billing Address:

City/State/Zip:

MAKE CHECKS ADCPAYABLE TO 2520 Venture Oaks Way, Suite 150AND MAIL TO: Sacramento, CA 95833

(916) 239-4060 • Fax: (916) 924-7323www.adcncn.org

REGISTRATION INFORMATION

55TH Annual Meeting – December 4-5, 2014

Please fax credit card payments to

(916) 924-7323 –DO NOT E-MAIL–

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