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Executive Committee Meeting Minutes

Minutes for December 11, 2013

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Litigation Section Executive Committee Meeting Minutes

Present: All current members of the Committee were provided with a draft agenda, minutes
for the last meeting held on November 13, 2013, and the Section's financial
statements for October 2013. The following are the items provided by the members
via email:

1. Chair's Report: Chairman George Burbidge, via the Secretary, invited the members to report via
email on their various assignments and state the items for which they needed input, assistance,
or approval prior to the Committee's January meeting, in lieu of meeting in-person.

2. Secretary's Report: Secretary Rod Andreason submitted draft minutes from the Committee's
November meeting for consideration. No formal vote was taken.

3. Treasurer's Report: Treasurer Heather Thuet provided the financial statements for the Section
through October, 2013.

4. Bench Book Committee Report: Jess Krannich reported that the Committee is in the process of
revising the Bench Book Questionnaire that is distributed to all Utah district court judges and
commissioners and expects to have that process completed shortly. The Committee is also
working to update the list of judges on the website so that the list will be current. Once those
two steps are completed, the Committee will begin their campaign of contacting the judges who
do not currently have bench books to request that they complete the updated
questionnaire. The Committee will also contact those judges who already have bench books to
obtain any relevant updates. The Committee expects to begin that campaign after the first of
the year, to ensure maximum participation, and they will be updating the bench books online as
we receive feedback. Committee member Sade Turner also confirmed this report.

5. Recently-Completed CLE: Michael Stahler reported attending the Fall Forum, and said that our
Section's breakout sessions were well-attended and excellent. He reported that photographs of
the event could be found at https://utahstatebarlitigationsection.shutterfly.com/.

6. Q1 2014 CLE: Sade Turner reported that she has narrowed down the date for this event to
either February 19 or 20. She is waiting to hear back from the presenter on the best date for his
schedule.

7. Ski & CLE: Michael Stahler said that this event is going forward on January 31, 2014 at Brighton
Resort. He invited all to come and ski, network, and attend the CLE. Kent and he have discussed
doing a CLE on ethics, such as "It's All Downhill From Here: Common Ethical Dilemmas for Utah
Lawyers." Michael has contacted the OPC and they are going to help with this CLE. They are
considering having the CLE based on a few skits that demonstrate common ethical
problems/issues Utah litigators face and then a discussion led by OPC after each skit to discuss
the applicable rules, what one should do, and what one should not do based on the rules and
recent decisions. Michael indicated that he has attended a similar format for ethical discussions
and it is an enjoyable way to deal with a very serious subject and is meant to be interactive.
Michael is considering recruiting two or three law students to assist in this. He also said that
Connie has been helping with the logistics with Brighton. They have been wonderful to work
with so far. The only concern that she had was that our proposed time may be too cold for
folks. We have tentatively agreed with Brighton to have them provide our participants with lift
tickets good from 12:30-9pm on that day, with the CLE/dinner taking place at about 4:30 or so.
This would allow folks to ski before and/or after the presentation if they want. He
acknowledged that night skiing can be cold, but is suggesting that we stick with this time slot
because it is a good deal, gives folks the ability to come when they want during a long window
of time, and allows them to come for the CLE and ski after if they have work to do that day.
Michael invited the Committee's thoughts and comments.

8. Spring Convention 2014: Christian Kesselring stated that the Spring Convention is getting close
to being finalized at this point. He is still trying to identify a good presenter for one last topic -
the upcoming changes to the FRCP. He requested suggestions for a speaker who would be both
qualified and interested to speak on that topic. Jonathan Hafen suggested members of the
Federal Court local rules committee, including chairman Greg Phillips, Judge Waddoups, and
Judge Furse. Christian responded that he will follow up with Judge Waddoups and asked for
Jon's help with Greg Phillips.

9. Second District Court Receptions: Jenifer Tomchak reported that these have been set for
January 16 (district court judges) and February 28 (justice court judges). She said that Catherine
is still finalizing the location, but that we should save the date on our calendars. The events
should be up on the website shortly.

10. Law Student Reception: Jenifer Tomchak reported that she was initially looking at the last
Thursday in January or first Thursday in February for the Law Student Reception, but that since
the FBA is holding a similar event around the same time, she is looking at doing it earlier. She
anticipates making a motion to the Committee to approve the costs.

For the Executive Committee
/s/ Rod N. Andreason
Secretary