May 2008 Nevada Lawyer
THE 2008 NEVADA DISTRICT COURT CONFERENCE
BY NANCY J. KOPPE
The 2008 District Court Conference will take place in Reno on May 15, 2008. The conference theme is “Justice for All – Something for All: A Look Toward the Future.” As the name suggests, the conference will hold interest for everyone, and the District Court Conference Planning Committee is pleased to present the topics and speakers for this year’s conference.
The planning committee wants to ensure that all attorneys wishing to attend this conference can do so. In order to accomplish this, the committee has reduced the price of attendance for the 2008 conference, from last year’s price of $125, to just $75. Conference attendees will receive five CLE credits, including one ethics credit, for this low price. The planned program is well worth the price – attendees will find sessions that will interest them no matter what their field of practice. The committee hopes that every practitioner has had the opportunity to register for the conference. If you would like to attend and have not yet registered, please do so at the earliest opportunity. A registration form can be found at the district court website: www.nvd.uscourts.gov. Please fill it out and mail it, along with a check for the $75 registration fee, to the address listed on the form.
The conference will be held at the Peppermill Hotel, which is offering special room rates for conference attendees. The Peppermill has set aside a block of rooms for conference participants, at the rate of $89, in the Peppermill Tower, and $149 in the newly-renovated Tuscany Tower, plus 12 percent room tax and $5 resort fee. Conference attendees who wish to make room reservations at the Peppermill should call (800)-282-2444, and give the U.S. District Court – District of Nevada code “GUSDIST,” in order to receive the conference rate. The Peppermill offers luxurious accommodations and numerous restaurants for all types of dining. It is conveniently located two miles from downtown Reno and very close to the Reno-Tahoe airport, for the conference attendees who are flying in from Las Vegas. The Peppermill also offers a complimentary airport shuttle service.
The conference itself will begin with welcoming remarks from District Judge Brian E. Sandoval. Chief District Judge Roger L. Hunt will then deliver the State of the District Court Address, followed by Chief Bankruptcy Judge Gregg W. Zive, who will deliver the State of the Bankruptcy Court Address. The conference will then proceed with two general sessions in the morning and one in the afternoon, all three of which are designed for practitioners in any area of practice.
The first general session will address the issue of electronic discovery. In this electronic age, every attorney will be faced at some point with the prospect of electronic discovery. Though this phrase strikes fear in the hearts of many, we all must learn the best strategies for conducting litigation involving electronically stored information. Issues regarding electronically stored information, including how best to prepare clients for anticipated or future litigation involving such information and assessing what information should be produced and in what format, will be addressed by a panel of three federal magistrate judges, a lawyer practitioner and the president of an electronic discovery and records management company: Magistrate Judge Johnston, Magistrate Judge Cooke, Magistrate Judge Foley, Douglass Mitchell, Esq., and Adam S. Bendell, Esq. Mr. Bendell is the President of Strategic Discovery, Inc., a company known for being on the leading edge of electronic discovery and records management. His company assists attorneys in collecting, processing, handling, analyzing, reviewing and producing electronically stored information. Mr. Mitchell brings to the panel his experience in handling cases involving electronically stored information and the challenges practitioners face in addressing these issues with clients and opposing counsel. Our three magistrate judges will lend guidance and opinions on a variety of issues related to electronic discovery.
The second morning session is one that should prove interesting and informative for all practitioners. The federal judges for the District of Nevada will participate in an open forum discussion with the conference attendees. Topics that have been addressed in the past include ethical issues when practicing in federal court, as well as case management practices. Attendees are encouraged to engage in discussing these topics with the judges and to raise issues that they would like to discuss in this open forum setting. If you have any questions that you would like to submit in advance for response by the judges at the conference, please contact any one of the lawyer representatives.
The practice of law is a notoriously stressful profession, and attorneys are not generally renowned for healthy lifestyles. In an effort to address the “wellness” of the bar, the attendees will be able to benefit from a lunch presentation by Steven G. Aldana, Ph.D. Dr. Aldana’s presentation is entitled “10-20 Years of Extra Life - The Choice is Yours,” and is geared toward teaching participants how to live a healthy life. Dr. Aldana is a former professor of lifestyle medicine at Brigham Young University, and is the founder and president of the Lifestyle Research Group, which specializes in the evaluation and development of programs that improve health by reducing health risks. Dr. Aldana’s organization provides technical advice and health promotion guidance to many large corporations, including NASA, Nationwide Insurance, Johnson and Johnson, and Anthem Blue Shield and Blue Cross. Dr. Aldana has become a leading authority on the importance of living a healthy lifestyle, and has published over 60 articles and 7 books on the ability of healthy lifestyle habits to prevent cardiovascular disease, cancers, diabetes, and many chronic diseases. Dr. Aldana will address the topic of how healthy lifestyle choices can significantly increase the health, vitality, and longevity of individuals.
The afternoon will begin with three breakout sessions - one each for criminal, civil and bankruptcy practitioners. The criminal session, “Sentencing and Beyond,” will feature a representative of the Bureau of Prisons, Matthew Carney. Mr. Carney will be joined by a panel consisting of United States District Judge Larry R. Hicks; Russell E. Marsh, Criminal Chief, United States Attorney’s Office; and Franny Forsman, Federal Public Defender. This session, which will include questions and discussion with the conference attendees, will cover such topics as sentencing issues, issues which arise after sentencing, and ethical responsibilities required of counsel in managing cases. This session will provide a unique opportunity for criminal practitioners to learn about sentencing topics and the Bureau of Prisons from these knowledgeable panelists.
The civil session, “The Vanishing Associate: The Impact of the Loss of Practical Training on Malpractice Issues and Firm Development,” addresses an important and troubling issue in the civil arena. As law firm clients trend toward wanting only experienced partners to take their cases to trial, associates have lost the opportunity to gain practical training in the courtroom. This session will look at the impact of this trend on law firms and on new lawyers, including the increase in exposure for untrained associates on malpractice rates, the willingness of law firms to invest in trial training for their associates, and the outsourcing of associate work to foreign countries, among other issues. This session features a panel consisting of Robert Minto, CEO of the Attorney Lawyer Protection Society; Kathleen Bradley, Lewis & Roca Development Director; and Courtney Miller, Lionel Sawyer & Collins.
The bankruptcy session, “Dirt and Debt: Current Topics in Real Estate Related Bankruptcies,” addresses the sub-prime lenders crisis, and the bankruptcy issues that arise as a result of this crisis. This session, which will be lead by Bankruptcy Judge Bruce A. Markell, will also address ethical matters, and real estate debtor and foreclosure issues.
The final session in the afternoon, a review and analysis of recent United States Supreme Court decisions, will be presented by Professor Erwin Chemerinsky. Professor Chemerinsky, a graduate of Harvard Law School, is a nationally renowned professor of constitutional law and federal civil procedure, who frequently argues appellate cases before the United States Supreme Court and the United States Courts of Appeals. He has authored four books on the subjects of federal jurisdiction and constitutional law. Additionally, he was named by Legal Affairs as one of the top 20 legal thinkers in America in April 2005, and has been named several times by the Daily Journal as one of the 100 most influential lawyers in California. Professor Chemerinsky has received numerous awards, including the 2003 President’s Award from the Criminal Courts Bar Association, the 2001 Clarence Darrow Award from the People’s College of Law and the 1998 Judge John Brown Award for Contributions to Federal Judicial Education. Professor Chemerinsky has been named the founding dean of UC Irvine’s law school, effective July 1, 2008.
The District Court Conference Planning Committee is excited to present this year’s conference. The topics are relevant to the current state of legal practice and are, as the title of the conference states, a look toward the future. The Committee looks forward to seeing every participant at this year’s conference.