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Executive Committee Meeting Minutes

Minutes for April 9, 2014

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Litigation Section Executive Committee Meeting Minutes

Present: George Burbidge, David Castleberry, Heather Thuet, Rod Andreason, Keith Call, Jon
Hafen, Jess Krannich, Michael Stahler, and Jenifer Tomchak.

By Phone: Shane Gosdis, Christian Kesselring, Bryan Pattison, and Dan Steele.

Excused: Hon. Kate Toomey, Patrick Burt, Kent Holmberg, Heather Sneddon, and Sade' Turner.

1. Secretary's Report: In advance of the meeting, Secretary Rod Andreason sent to the Executive
Committee his draft minutes from the Executive Committee's meeting held on March 12, 2014,
which was circulated for review. Comments made to the draft were incorporated prior to this
meeting. Heather Thuet moved to approve the minutes for that meeting, seconded by Michael
Stahler. The Executive Committee unanimously approved the draft minutes from that meeting.

2. Treasurer's Report: Treasurer Heather Thuet indicated that the Bar is a little behind in
providing financial reports to the Section, but that she expected to have a financial update soon.

3. Chair's Report: Chair George Burbidge reported that the Bar has asked our Section to send two
representatives to attend a one-day leadership conference before the Bar Convention at
Snowmass in July, 2014. George asked for approval to send David Castleberry and him to this
meeting at a cost of $2,000. The voting in favor of this request was unanimous. George stated
that he and David would report back to the Executive Committee on the things that they learn.

4. Chair-Elect's Report: David Castleberry reported that the Bar's Government Relations
Committee had completed its work and avoided the passage of some legislation that could have
had harmful effects on members of the Section.

5. Committee Reports:
a. Membership: There was no report for this committee provided at this meeting.
b. Technology: Michael Stahler reported that he had engaged in a discussion with
Summer Shumway regarding this committee. They discussed instituting a pay wall for
members only. She is excited about having photos and updates to our site. She
proposed having one person, perhaps a secretary, be in charge of the site. She thinks
that our Section's site needs to be updated. She recommended that we consider new
web site platforms, and said that the Bar would send us a web site sample. Michael said
that the committee would consider that sample, as well as potentially getting the
assistance of third-party vendors. Summer noted that the Minority Bar's site is welldone,
easy to navigate, and works well. She suggested that the Section use a YouTube
channel to host the video parts of our web site. They also discussed obtaining live or
streaming video for CLEs. The Bar is strongly in favor of the Section using the Bar's
facilities for this. Members would have to pay $20 to use the service because that is
what the vendor charges the Bar. Summer is concerned about us giving our services to
members for free. She said that telephone call-in CLE is available too, but also at a $20
charge per person. Shane Gosdis said that the $20 charge was concerning and that we
should consider using a vendor for this since members otherwise may not want to use
the service. George Burbidge said that one of the things he really wants to do is make
these CLEs available to more people; yesterday's CLE was registered in full the day it was
made available for registration, and had a full waiting list of 40 people and beyond. If
the Section paid the $20 per-person charge, it would exhaust our CLE budget. George
invited Jon Hafen to work with the Technology Committee as part of the CLE Committee
to move this forward. Jon said that since we have our own camera and CLEs, we should
be able to make that available to our members, but he would put that issue on the CLE
Committee's agenda. Michael said that he would send Jon an email with talking points
to discuss.
c. Newsletter: There was no report for this committee provided at this meeting. George
Burbidge stated that he would check with Kelly Nash for an update.
d. Bench Books: Jess Krannich reported that all or substantially all of the questionnaires
have been sent out, first to the judges and commissioners who have not had any bench
books previously, then to the rest. The committee has received some back to the
questionnaires already, including from Judge Connors. Some new questions have been
made for judges who already had bench books. The revised version of the
questionnaire will be put on the Section's web site. George also read portions of the
email sent by Sade' Turner in advance of the Meeting, regarding these issues.
e. Law Student Relations: Jenifer Tomchak reported that Jeremy Brodis, President of the
Student Litigation Society at the S.J. Quinney College of Law ("SLS"), sent a memo to
Michael Stahler and her, asking for four items: (1) to be notified and invited to any
appropriate socials, CLEs, or other events that the Section was sponsoring; (2) that the
Section consider implementing a mentoring program for students in SLS to be paired
with an attorney from the Section; (3) to develop a streamlined mechanism for
connecting the Section to SLS's yearly discussion panels at the law school; and (4) to
provide opportunities for SLS members to make connections with litigation attorneys in
small group settings, such as in "firm visits" and "lunches with litigators." Jenifer said
that most of these proposals seem fine, and we should be able to do that without much
further discussion, aside from the second item regarding setting up a mentoring
program. Jenifer said that such programs can be very involved and don't always work
well. Michael agreed that a mentoring program may be difficult to facilitate, when
many of the Section's members are only involved to the extent of attending CLEs and
would not want to be involved in a mentoring program. George noted that in his
experience, mentoring programs can work if the mentee is actively involved and pursues
a relationship with the mentor. He also noted that the Bar already has a mentoring
program, and those interested in being mentors are likely already engaged in that effort.
Jen Tomchak said that a speed networking event could be set up to enable students to
network and get advice. The SLS approached Jen and Michael in particular at the Law
Student Reception. Jen said that there is a benefit in providing direct relationship and
benefits to a specific litigation society. If BYU has a similar society, the Section could be
similarly connected with them. Jen said that she and Michael would respond to Mr.

6. CLE Reports
a. Recently-Completed CLEs and Sponsorships:
i. Spring Convention: Christian Kesselring reported said that the first two sessions
of this event were well attended, including by federal judges in the criminal
session. He did not receive feedback on the Saturday session, but understood
that the presenter was great at his topic as well.
ii. Barrister's Ball: Sade Turner reported via email in advance of the Meeting that
the event was well attended and a lot of fun. The law school, and particularly
the Dean, is very grateful for the support from the Bar in providing scholarships.
The candidates were all very deserving yet humble about their
accomplishments. It's a worthy cause. The checks arrived and were handed out
to the recipients. The vendor who provided the plaques has not yet been paid,
but she expects that will happen once the Bar can process the invoice for
payment. She has sent copies of it to both George and Heather for processing.
i. Q1 Rise & Shine: George Burbidge said that attendance at this event was
fantastic. It was oversold, and there were still people on a long waiting list. The
judges teaching this CLE did a fantastic job. He said that whenever we have a
CLE, we need to ask Connie or Metra to have our Section camera brought. Jon
Hafen recommended that we have one camera on the speaker and another
camera on the screen providing the presentation and stream simultaneously, if
b. Quarterly Lunches:
i. 2014 Q2: Prior to this Meeting, Kent Holmberg sent an email to the Executive
Committee, stating that the postcard had gone out and we are set for April 29
on the subject Pitfalls and Traps: The New Rule 26 Expert Discovery Maze. We
have 70 registrations so far and the email blast will go out next Monday (April
14), and the seminar should fill up then. He hoped that Jon Hafen would attend
so that Jon could give feedback to the Civil Rules Committee regarding this.
i. 2014 Q3: Michael Stahler stated that he was looking at either August 27 or
September 3 for this event. He has a plaintiff's attorney who is coming to talk,
but is seeking a defense attorney to participate as well.
c. Rise & Shine
i. 2014 Q2: No discussion was held regarding this event.
ii. 2014 Q3: No discussion was held regarding this event.
d. Modest Means Committee: Jenifer Tomchak said that this committee has asked us to
set up a family law seminar on May 21, 2014, with the suggested topic of "Forms you
need to use in practicing family law." George asked if there was anything the Section
needed to do to respond to this request; Jenifer said she did not believe so.
e. CLE Advisory Committee: Jon Hafen stated that there was no new update on this
Committee since our last meeting.
f. Southern Utah Federal Law Symposium: Jon Hafen said that postcards should have
gone out regarding this event. Almost every federal judge will be there, there will be
excellent panels, the ethics speaker usually charges $20,000 per visit but is doing this for
no charge, and the Symposium should be very good. Jon said that if one of our Board
members would like to attend, they should let him know, since there is a special
reception for Board members of our Section, as well as other leadership and judges, on
g. Annual Convention 2014: Heather Thuet stated that said Professor Garcia will be
speaking, Jon Hafen and Michael Stahler will lecture on the economic loss doctrine, and
a panel of judges will discuss best approaches to a jury. Another section was set, but
has now fallen through. Jon Hafen said that he would give Heather some ideas after the
meeting to replace this section.
h. CLE/Social Event with Women Lawyers of Utah: Heather Sneddon was not in
attendance at this Meeting, but reported in advance via email that the CLE / Caputo's
Tasting Event is set for May 22, 2014, from 5:00 p.m. to 8:00 p.m. She is working with
the panel members on a specific title and topic ideas and will be in touch with Connie
and the Bar to address other logistics.
i. Golf & CLE: Dan Steele reported that the Cache County and Utah County events were
booked. They are working on a date for Salt Lake County event, but already have the
topic selected. Bryan Pattison is working on getting a date that will fit SUBA; he will
continue to work on the presenters. Dan asked for suggestions that anyone might have
for presenters for this event.
j. Fall Forum: Michael Stahler reported that he attended a Fall Forum planning meeting
on April 3, 2014. They are looking for judges outside of Salt Lake County. He is reaching
out to Toby Brown to talk about alternative billing arrangements. They are on track to
have a trial skills breakout session. Organizers asked whether we could do an e-filing
presentation. Our Section has done that before and may be able to present some ideas.
The next Fall Forum meeting is in early May. We will have 5 hours for the trial academy
portion of the Fall Forum.
k. PGAL: Keith Call reported that the numbers of private guardians ad litem is going up. It
is hard to measure who is going through the program with a change in leadership at the
Guardian Ad Litem's office, but things seem to be going well. The Office is asking that
we do an event in Logan similar to what we did in Vernal. Keith asked if the Executive
Committee would support paying for the lunch for that type of event. George Burbidge
asked how much was needed for that sponsorship. Keith Call estimated that perhaps
$2,000 would be needed. Michael Stahler moved for up to $2,000 to support this, Jen
Tomchak seconded, the Executive Committee unanimously approved the motion.

7. Judicial Receptions: There was no report regarding this subject.

8. Future Committee Meetings: The agenda noted that the next Executive Committee meeting
will take place on May 14, 2014.

The Meeting adjourned at 9:04 a.m.

For the Executive Committee
/s/ Rod N. Andreason