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Executive Committee Meeting Minutes

Minutes for November 13, 2013

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Litigation Section Executive Committee Meeting Minutes

Present: George Burbidge, David Castleberry, Rod Andreason, Hon. Stephen Roth, Gregory
Gunn, Jon Hafen, Heather Sneddon, Michael Stahler, and Dan Steele.

By Phone: Christian Kesselring, Kelly Nash, Bryan Pattison, and Sade Turner.

Excused: Heather Thuet, Patrick Burt, Shane Gosdis, Kent Holmberg, and Jenifer Tomchak.

1. Chair's Report: George Burbidge indicated that Shane Gosdis had launched his own firm, and
Committee information should be sent to his new email address. George also discussed
proposals to have quarterly luncheons in a hotel rather than at the Law and Justice Center. He
said that Kent had done good research regarding this, and the best value appeared to be at the
Marriott City Creek, although there is a large facilities charge if there are not enough signups.
Capacity at our quarterly luncheons is 130 persons at the Law and Justice Center, but he
believed that we could likely get 200. Jon Hafen said that attendance at conventions is going
down, but at our quarterly lunches it is going up. The Committee decided to find out if parking
is included. Suggestion was made to have a quarterly luncheon at the hotel soon to try it out,
but heavily advertise the new location so that members are not confused about the location.
The Committee discussed what the cost would be for 250 or more coming, asking whether the
loss might be too high to totally subsidize at our normal rate.

2. Secretary's Report: Rod Andreason presented draft minutes from the October 9, 2013 meeting.
Michael Stahler moved to approve the minutes, seconded by several, and the Committee
unanimously approved the draft minutes.

3. Treasurer's Report: Heather Thuet was excused from the meeting. George indicated that we
are awaiting further financial information from the Bar.

4. Vice-Chair's Report: David Castleberry stated that he attended the Bar's leadership conference.
He indicated that the group had several good discussions and that he had no particular reports
to make at this time.

5. Committee Reports:
a. Membership: Kent Holmberg was excused from the meeting and did not have a
particular report regarding this Committee.
b. Technology: Shane Gosdis was excused from the meeting and did not have a particular
report regarding this Committee.
c. Newsletter: There was no specific report regarding this Committee, but George state
that he intended to meet with Kelly Nash regarding the newsletter.
d. Bench Books: There was no specific report regarding this Committee.
e. Law Student Relations: George read the email sent by Jenifer Tomchak in advance of
the meeting, stating that this Committee is still working on a reception in
January. Based on feedback, the students would like to come downtown, which she
thinks will work better for practitioners too. She is checking into Squatters as a
potential location and should have more information and a budget request at the next

6. CLE Reports:
a. Recently-Completed CLE:
i. Regarding the Modest Means CLE Sponsorship, 10/10/13 "Basics of Child
Custody", Jenifer Tomchak sent an email in advance of the meeting, stating that
the panel went very well. The attendees and panelists were all
enthusiastic. We are considering do an ongoing series of family law panels that
would be jointly attended by Modest Means and PGALs. We are looking at
dates for doing a panel on forms for the family law practitioner in the spring.
Keith Call likewise reported via email after the meeting that the event was a
smashing success.
ii. Regarding the Q4 2013 quarterly luncheon, 10/29/13, "View from Beyond the
Bench," Kent Holmberg reported via email before the meeting that it went very
well and we sold out at least a week early. The Judges on the panel were
pleased and offered to be involved again in the future.
iii. Regarding the St. George Golf & CLE Event, Dan Steele said that the event had
about 45 people, which was well-attended, and he received positive feedback
for the Section bringing such a quality event to St. George. He said that it was a
great event and went well.
b. Quarterly Lunches:
i. 2014 Q1: Sade Turner said that the speaker for this CLE can adjust to whatever
date is best for us. The Committee discussed some date conflicts and Sade will
set a date accordingly. The Committee discussed whether to have this quarterly
luncheon at the Marriott City Creek or the Law & Justice Center and decided
that this would be held at the Center.
ii. 2014 Q2: (Holmberg) Kent Holmberg was excused from the meeting. The
Committee discussed having the quarterly luncheon for the second quarter at
the Marriott City Creek, preferably with a broader-based topic, judges involved,
and advance notice of the luncheon to announce at the first quarterly luncheon
iii. 2014 Q3: (Stahler) (no discussion)
c. Rise & Shine
i. 2013 Q4: This event is scheduled for December 11, 2013, with Chief Justice
Durrant. To avoid a conflict, the Committee have its December Committee
meeting begin at 7:15 a.m., as the Committee had previously voted to do.
ii. 2014 Q1: (Burbidge) (no discussion)
iii. 2014 Q2: (Frazier) (no discussion)
iv. 2014 Q3: (Holmberg) (no discussion)
d. Alternative Meeting Spaces: As referenced in the above Chair's Report, prior to the
meeting, Kent Holmberg emailed the Committee his findings that at the Marriott there
is a minimum food order of $4200 plus a 24% service charge, bringing the total to
$5,600 per his prior spreadsheet. If we do not achieve 200 attendees, Marriott said that
they were flexible and that 150 attendance at the per-person rate would probably work
(which might drop the total cost from $5600 to $4200). If they cannot make this switch,
there is a facilities charge of $3,000 - $6,000.
e. Fall Forum: Jon Hafen said that the Fall Forum was ready to roll with several federal and
state court judges involved for a great series of presentations.
f. CLE Advisory on Bar's Conventions: Jon Hafen indicated that a survey would be sent
out soon and would need to be carefully reviewed. We will likely have responses to
discuss in our January meeting.
g. Spring Convention 2014: Christian Kesselring went through a list of speakers for the
litigation track of this convention. A third speaker was not yet pinned down regarding
evidence issues pertaining to social media, which was also a topic at the Fall Forum, but
that we may be able to do at the Spring Convention anyway. Christian and Jon Hafen
planned to discuss that further.
h. Annual Convention 2014: Michael Stahler attended the last meeting in Heather Thuet's
place. He said that the Committee wants seven hours in the litigation track and also
that the actual presenters come to them and sell their ideas, although we may be able
to have just representatives appear before the Committee. Potential topics included a
political debate between Mia Love and Jim Matheson, as well as potential speeches by
Ben Stein or Leigh Steinberg. Interest was also expressed regarding Professor Gardner,
who made a presentation at our prior quarterly luncheon. Dan Steele said that we need
more in-depth discussion of expert testimony and the real use of court's gatekeeper role
in that regard.
i. Ski & CLE: Michael Stahler said that the date is set for January 31, 2014, we are hoping
for snow at that time, and considering a professionalism or ethics presentation using the
Bar's counsel. The ski resort was excited to have our group attend.
j. PGAL: Keith informed the Committee via email after the meeting that he has great
presenters committed for a PGAL recruiting CLE in the 8th District and he is working on
selecting a date and venue. He also stated that he was recently contacted by the
Federal Court and asked to be a GAL representing two children who reside in Utah and
whose mother resides in Mexico and wants them back. The case came to the court on a
motion for TRO and an expedited evidentiary hearing. He stated that it is a very
interesting case involving an international treaty. Snell & Wilmer and Kirton &
McConkie are representing the Mother and Father respectively, both on a pro bono
basis. He reiterated that it was interesting and rewarding work and encouraged all to be

7. YLD Request for Sponsorship of High School Debate Tournament: The group discussed the
Young Lawyer Division's request to reimburse $500 for trophies awarded to winners of the high
school debate tournament. It was pointed out that we had done this sponsorship in the past.
Some concern was expressed that we had not heard about this request before the tournament,
precluding us from participating or being identified as sponsors. The Committee was in favor of
the reimbursement, but stated that it wanted advance notice and the opportunity to participate
more fully in any similar event like this in the future. Michael Stahler moved to pay the
reimbursement but explain that we wanted advance notice and the opportunity to participate
as sponsors in the future. Rod Andreason seconded the motion. The voting in favor was

8. Social Events: Heather Sneddon stated that she was discussing a co-sponsored (with the WLA),
one-hour event that focused on topics that may be of interest to women, perhaps a CLE
followed by a cooking class. She is working on proposed topics and presenters. She has spoken
with a person who handles private events at Caputo's. We would have to identify a time that
works for them, perhaps a 5:30 pm CLE followed by a 6:30 pm cooking class. Heather also
stated that she was contacted regarding a CLE & Play event with Pioneer Theater Company,
which they have every year, and inquired whether the Section would be interested in cosponsoring.
Heather plans to find out more about this, including from Chairman Paul Durham.

9. Judicial Receptions: In advance of the meeting, Jenifer Tomchak sent an email, stating that she
has sent Catherine Haskins a few emails about whether she has been able to set a date but has
not heard back. She stated that although it has been nice to have these joint events, it seems
like there is a lot of delay. Next year, we may want to consider either hosting our own separate
event or seeing whether we can take a bigger role in planning the event. Jenifer proposed that
to Catherine this year, but Catherine seemed reluctant at that time.

10. Remote Conferencing: Connie attended the meeting to explain the Bar's remote conferencing
options. She discussed online webcasts and accessibility. She went to another room so that she
could demonstrate how seminars can be made available remotely, particularly to people who
are outside the Wasatch Front. There was a significant audio delay, but the video appeared
functional. She said it was a simple system, we already have the equipment in place, we just
need to have a hard-wire Internet connection, not Wi-Fi. It can be done relatively simply,
including at places other than the Law and Justice Center. There is an hourly rate for the use of
this by LegalSpan, the vendor. Connie didn't know what the rates were, but she stated that she
would find out. She said that CLE credit would still be self-study, not live. She thought that such
could be made available for no charge to Section members. The Bar has been using this system
for around 12 years, invested a lot of money in this, and would like to get more use out of it.
There are also ways to make this interactive and permit questions. She also stated that
LegalSpan likes to have about a one-week notice to preserve the bandwidth and you would
need a Bar employee to monitor the systems.

11. Future Committee Meetings: George Burbidge reminded the Committee that the next
Committee meeting would take place on December 11, 2013. It is planned for the unusual time
of 7:15 am due to the Rise & Shine to follow immediately after, but George was considering
finding out how much business needed to be done that morning to determine whether we
needed to meet that early. Michael Stahler moved to adjourn the meeting, seconded by Rod
Andreason, and voted for unanimously.

The Meeting adjourned at @9:05 a.m.

For the Executive Committee
/s/ Rod N. Andreason