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SPRING MEMBERSHIP MEETING MAY 1– 3, 2019 THE ST. REGIS HOTEL WASHINGTON, D.C.

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Page 1: SPRING MEMBERSHIP MEETING€¦ · The December Membership Meeting is December 5-6, 2019. NEW LOCATION: Park Lane Hotel, New York City parklanenewyork.com Michael Weston, who officially

SPRING MEMBERSHIP

MEETING

MAY 1– 3, 2019 THE ST. REGIS HOTEL

WASHINGTON, D.C.

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WELCOME NEW MEMBERS

2019 Al Cortese Award WinnerBrittany Schultz CounselFord Motor CompanyBrittany Schultz earned LCJ’s Al Cortese Award for her exceptional leadership of LCJ’s Rule 30(b)(6) Committee. Seeking reform of FRCP 30(b)(6), LCJ’s work took on added importance when the Civil Rules Advisory Committee proposed to require parties to confer over

the identity of witnesses. Brittany met the challenge by organizing LCJ’s committee, developing numerous written submissions, motivating dozens of expert litigators (including herself ) to testify at public hearings, arranging prep sessions for witnesses and engaging directly with the Advisory Committee. Her efforts had a profound affect on the Advisory Committee’s ultimate decision not impose a new duty to confer about witnesses.

As in-house counsel for Ford Motor Company, Brittany’s responsibilities include managing legal teams handling product liability, intellectual property and consumer finance litigation. Prior to joining Ford, Brittany spent 12 years at Dykema defending automotive manufacturers in high-stakes cases.

This award is named in honor of Alfred W. Cortese, Jr., to recognize outstanding contributions to the promotion of excellence and fairness in the civil justice system.

Quentin Urquhart, a former President of the IADC and Partner, Irwin Fritchie Urquhart & Moore LLC will serve as President-Elect.

Tim Pratt, former Executive Vice President, Boston Scientific, for serving as LCJ President May 2018-2019 and to the following board members whose term ends in 2019:

The December Membership Meeting is December 5-6, 2019.

NEW LOCATION: Park Lane Hotel, New York Cityparklanenewyork.com

Michael Weston, who officially becomes LCJ President after the completion of this meeting. Mike is a former President of DRI and Member, Lederer, Weston Craig, PLC.

• Jim Campbell, Past President, LCJ, President, Campbell Conroy & O’Neill• Andy Kopon, IADC, Member, Kopon Airdo, LLC• John Kuppens, DRI, Partner, Nelson Mullins LLP• Scott Kreamer, FDCC, Managing Member, Baker Sterchi Cowden & Rice LLC

SAVEth

eDATE

A SPECIAL THANKS TO...

AND WELCOME...

Mills Gallivan, a former President of the FDCC and

Partner, Gallivan White Boyd will serve

as Vice President.

Page 3: SPRING MEMBERSHIP MEETING€¦ · The December Membership Meeting is December 5-6, 2019. NEW LOCATION: Park Lane Hotel, New York City parklanenewyork.com Michael Weston, who officially

9:00 a.m. Welcome by LCJ President, Tim PrattAstor Ballroom, St. Regis

9:15 -10:00 a.m.Social Media’s Impact on Public Perceptions of the Judiciary Respect for the judiciary is necessary for the rule of law. At a time when the use—and abuse—of social media is causing significant disillusionment with institutions including government, churches, universities and corporations, a debate is underway about whether jurists should embrace the new means of engaging with the public or avoid it in an attempt to remain above the fray. We’ll hear a thoughtful discussion of the issues from two of the most active judges on social media.Panelists:The Honorable Stephen Louis A. Dillard, Chief Judge, Georgia Court of Appeals The Honorable Bridget Mary McCormack, Chief Justice, Michigan Supreme Court

10:00 a.m. – 10:45 a.m.The Roberts Court: Cases to Watch For as the Court Term Wraps Up Supreme Court watchers are on the edge of their seats as a consequential term nears its June conclusion. In the next several weeks, the Court will announce important decisions in cases involving gerrymandering, the 2020 census, federal agency powers, separation of

church and state, free speech and other issues of high interest. The Court is also setting the table for a busy Fall as it announces cert decisions. Our thoughtful and widely followed panelists will tell us about the cases they expect to grab the headlines and affect your practice. Panelists:Neal Katyal, Partner, Hogan, former acting Solicitor General of the United StatesProfessor Merritt McAlister, University of Florida Law School Elizabeth Slattery, Legal Fellow, The Heritage Foundation

10:45 BREAK

11:00 a.m. - 11:45 p.m.Modern Problems: A View From The C SuiteThis panel will explore the trends, concerns and predictions of senior corporate counsel from some our nation’s most esteemed businesses. Panelists:Kelley A. Grady, Vice President, Deputy General Counsel, Campbell Soup Company Larry Weiss, Vice President and General Counsel, Analog Devices, Inc.Randy Haimovici, Director, Litigation, Uber Moderater:LCJ President-Elect, Mike Weston, Member, Lederer Weston Craig

11:45 p.m. - 12:30 p.m.DOJ Standards for Corporate and Individual Criminal Liability: A Conversation with Matt Miner Department of Justice guidelines for corporate wrongdoing and individual liability are controversial and have changed dramatically over the past few years. Learn the current rules and guidance straight from Matt Miner, the Criminal Division’s point person. No one knows the right questions to ask better than Connie Lewis Lensing, who managed FedEx’s defense after it was indicted for knowingly shipping illegal pills. The DOJ dropped the charges after four days of trial, and the judge said FedEx was “factually innocent.” Panelists:Matt Miner, Deputy Assistant Attorney General, Criminal Division, U.S. Department of Justice Connie Lewis Lensing, Senior Vice President, Legal, FedEx Express

12:30 p.m. – 2:15 p.m. LUNCH

Corporate Counsel Luncheon followed by business meeting. George Washington Room, St. Regis

Associate Members Luncheon followed by business meeting. Astor Ballroom Room, St Regis

2:15 p.m. – 2:45 p.m.Keynote: The Honorable Mike Lee, U.S. Senator Senator Mike Lee (R-UT) is an active member of the U.S. Senate Judiciary Committee and deeply engaged in many issues of high concern to LCJ members: legal reform legislation, judicial confirmations, regulatory reform, DOJ corporate liability standards and intellectual property. His policymaking is informed by his background as “a lawyer’s lawyer,” having served as a Supreme Court law clerk, an Assistant U.S. Attorney, General Counsel to the State of Utah, and as an appellate litigator at LCJ-member firm Sidley & Austin.

2:45 p.m. - 3:30 p.m.Proportionality Today: Where Do We Go From Here?Panelists will discuss the status of the 2015 amendments, a forthcoming Duke survey evaluating their impact, and brainstorm possible next steps for discovery.Panelists:Robert Levy, Executive Counsel, Legal Policy & Administration, Exxon MobilJohn Rabiej, Deputy Director, Bolch Judicial Institute, Duke Law

3:30 p.m. BREAK

3:45 p.m. – 5:00 p.m. Expert Evidence and the Gatekeeping Function: Would Amending FRE 702 be Helpful? Federal Rule of Evidence 702, which governs testimony by expert witnesses, provides that the requirements of sufficient basis and reliable application are questions of admissibility and not weight, and therefore must be established by a preponderance of the evidence under Rule 104(a). Aware that courts frequently fail to follow the rule as intended, the Advisory Committee on Evidence Rules established a Rule 702 Subcommittee to consider the possibility of amending Rule 702. Chief Judge Schroeder, Chair of the 702 Subcommittee, will explain the Subcommittee’s work and give LCJ meeting attendees the opportunity to share their thoughts and experiences with expert testimony. Speaker: The Honorable Thomas Schroeder, Chief Judge, Middle District of North Carolina and Chair of the Rule 702 Subcommittee of the Advisory Committee on Evidence Rules

5:00 p.m. – 8:00p.m. Networking Cocktail Reception and Dinner Presentation of the 2019 Al Cortese Award and Passing of the Gavel *Advanced Registration Required

1:30-3:30 P.M. LCJ Civil Justice Fellows Orientation Marquis De Lafayette Room, St. Regis 3:30 p.m. - 4:30 p.m. Executive Committee Meeting Marquis De Lafayette Room, St. Regis

4:30 p.m. – 5:30 p.m. Board of Directors Meeting Marquis De Lafayette Room, St. Regis

6:00 p.m. Special Guest and Speaker, Sharon Prost, Chief Judge of the U.S. Court of Appeals for the Federal Circuit Dolley Madison House

6:30 p.m. Cocktail Reception and Dinner Dolley Madison House*Advanced Registration Required

May 1-3, 2019 Membership Meeting St. Regis Hotel Washington, D.C. IWEDNESDAY, MAY 1, 2019

THURSDAY, MAY 2, 2019

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SPEAKERS AND PANELISTSThe Honorable Stephen Louis A. DillardChief Judge, Georgia Court of Appeals Chief Judge Stephen Louis A. Dillard was appointed as the 73rd judge of the Court of Appeals of Georgia on November 1, 2010 by Governor Sonny Perdue. Prior to his appointment, Judge Dillard was in private practice with James, Bates, Pope & Spivey in Macon (serving as chairman of the firm’s appellate practice group), served as law clerk to Judge Daniel A. Manion of the U.S. Court of Appeals for the Seventh Circuit, and worked as an associate at Stone & Baxter in Macon (handling complex civil matters). In 2012, Judge Dillard was elected by his fellow Georgians to serve a full six-year term on the Court. On July 1, 2017, Judge Dillard was sworn in as the 30th Chief Judge of the Court of Appeals of Georgia. Judge Dillard was then elected to another six-year term in May 2018, which will run through the end of 2024.

Abigail DoddSenior Legal Counsel, Shell Oil Company

Abby Dodd is Senior Legal Counsel in Shell Oil Company’s Houston office practicing in the Group’s Global Litigation Strategy & Coordination Group. Her focus is primarily devoted to streamlining litigation practices and protocols, developing and delivering training for Shell lawyers and staff, Department-wide project management, and coordinating civil justice/tort reforms efforts in the U.S. Abby joined Shell’s eDiscovery Team in 2012 where she led efforts to coordinate the retention, collection and production of records. Abby is a Texas native and proud graduate of Texas A&M University and South Texas College of Law.

The Honorable Robert Dow U.S. District Court for the Northern District of Illinois; Member, Civil Rules Advisory Committee; Chair, MDL SubcommitteeRobert M. Dow, Jr. has served as a United States District Judge for the Northern District of Illinois since December 2007. Since 2013, he has been a member of the Judicial Conference Advisory Committee on Civil Rules and the Chair of its Rule 23 and MDL Rules Subcommittees. From 2010 to 2013 he served as a member of the Advisory Committee on Appellate Rules. He has sat by designation in the Sixth and Seventh Circuits and is a member of the American Law Institute. Prior to entering into judicial service, Judge Dow was a partner at the Chicago law firm of Mayer Brown LLP, where he was a member of the firm’s Litigation, Telecommunications, and Supreme Court and Appellate Litigation practice groups. Judge Dow received a bachelor’s degree summa cum laude in History and Political Science in 1987 from Yale University, where he was elected to Phi Beta Kappa. He attended the University of Oxford on a Rhodes Scholarship and earned master’s (1990) and doctorate (1997) degrees in International Relations. He graduated cum laude from Harvard Law School in 1993. Immediately after law school, Dow served as a law clerk to Judge Joel M. Flaum on the Seventh Circuit.

Allison Drachman Partner, SchnaderAllison Fihma Drachman is a Partner in the New York office of Schnader Harrison Segal & Lewis LLP. Ms. Drachman handles a variety of cases involving product liability, toxic tort, premises liability and construction defect claims. Her practice also includes insurance coverage work, analyzing issues related to allegations of breaches of professional liability. Her clients range from multi-national corporations, municipalities, manufacturers and construction companies to small “mom-and-pop” shops.

Ms. Drachman serves as the chair of Schnader’s Women’s Group, Women L.E.A.D. She spearheads Schnader’s programs to support the development and advancement of women’s careers in law. She is also Schnader’s Pro Bono Coordinator in New York. She organizes the provision of pro bono services in areas including immigration assistance, animal welfare, veterans’ assistance and gender discrimination. Prior to joining Schnader, Ms. Drachman worked for the New York City Law Department/Office of Corporation Counsel and the United Nations Department of Political Affairs.

Kelley A. Grady Vice President, Deputy General Counsel, Campbell Soup Company As vice president, deputy general counsel, and head of ethics and compliance at Campbell Soup Company, Kelley is responsible for the litigation, labor and employment, corporate compliance, and government affairs functions. Before joining Campbell in late 2016, Kelley was senior vice president, associate general counsel, and head of enterprise litigation for Lincoln Financial Group, where she oversaw LFG’s enterprise litigation, privacy, anti-money laundering, and insurance purchasing. Kelley has also been a litigation partner at Ballard Spahr LLP and a partner and associate at Reed Smith LLP. Kelley has over thirty years of experience defending and advising clients in a wide variety of litigation and arbitration matters in state and federal courts throughout the country, including complex commercial cases, class actions, and coordinated litigations. She has presented and lectured to lawyers, business and insurance professionals, and students on topics including federal preemption, lawsuit avoidance, reinsurance, and trial techniques. Kelley has been both member and chair of a Pennsylvania Disciplinary Board hearing committee and a member of the Litigation Committee of the American Council of Life Insurers.

8:30 a.m. – 9:00 a.m.LCJ Civil Justice Fellows Initiative Panelists will describe the new LCJ Fellowship program and how your firm or corporation might benefit. Abigail Dodd, Senior Legal Counsel, Shell Oil CompanyJulie Yap, Partner, Seyfarth & Shaw Adam Israel, Partner, Balch & Bingham Allison Drachman, Partner, Schnader

9:00 a.m.-10:00 a.m. The Future of Mandatory Pre-Dispute Arbitration Agreements Proponents of arbitration have achieved considerable success over many years in convincing courts to enforce pre-dispute mandatory arbitration agreements. But recent media attention, particularly concerning sexual harassment claims, has inspired employees, consumers and others to call for legislation to ban such contracts—and has led some organizations to make unilateral decisions to stop enforcing such agreements in certain matters. Our panel will explore the practical limits to arbitration today and discuss the legal threats that could now threaten to overshoot the target.Panelists: Gerald L. Maatman, Jr., Partner, Seyfarth Shaw Stephen J. Ware, Professor of Law, University of KansasRebecca Kourlis, Executive Director, IAALS

10:00 a.m. – 11:30 a.m. Multidistrict Litigation and the Possibility of FRCP Amendments Multidistrict litigation cases (MDLs) now account for more than half of the federal civil caseload, comprising 52% of all pending civil cases. The federal civil docket’s transition to majority MDL comes at a time when the Advisory Committee on Civil Rules is evaluating whether the Federal Rules of Civil Procedure should be amended to ensure they provide the same clarity and procedural fairness to MDLs as they do for other federal civil cases. Three members of the Advisory Committee will explain the work they are doing to understand MDL practices and give LCJ meeting attendees the opportunity to speak about their thoughts and experiences handling MDLs. Panelists: The Honorable Robert Dow, U.S. District Court for the Northern District of Illinois; Member, Civil Rules Advisory Committee; Chair, MDL Subcommittee The Honorable Kent Jordan, U.S. Court of Appeals for the Third Circuit, Member, Civil Rules Advisory Committee The Honorable Robin L. Rosenberg, U.S. District Court for the Southern District of Florida and Member, Civil Rules Advisory Committee Malini Moorthy, Vice President and Chief Deputy General Counsel, Medtronic

FRIDAY, MAY 3, 2019

KEYNOTE SPEAKER:The Honorable Mike Lee U.S. SenatorElected in 2010 as Utah’s 16th Senator, Mike Lee has spent his career defending the basic liberties of Americans and Utahns as a tireless advocate for our founding constitutional principles. Lee served as law clerk to Judge Dee Benson of the U.S. District Court for the District of Utah, and then with future Supreme Court Justice Judge Samuel A. Alito, Jr. on the U.S. Court of Appeals for the Third Circuit. Lee spent several years as an attorney with the law firm Sidley & Austin specializing in appellate and Supreme Court litigation, and then served as an Assistant U.S. Attorney in Salt Lake City arguing cases before the U.S. Court of Appeals for the Tenth Circuit.

Lee served the state of Utah as Governor Jon Huntsman’s General Counsel and was later honored to reunite with Justice Alito, now on the Supreme Court, for a one-year clerkship. He returned to private practice in 2007. Lee is a member of the Judiciary Committee, and serves as Chairman of the Antitrust, Competition Policy and Consumer Rights Subcommittee protecting business competition and personal freedom. In 2019, Lee became the Chairman of the Joint Economic Committee where he is overseeing the Social Capital Project.

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Randy Haimovici Director, Litigation, UberRandy is a Director on the commercial litigation team at Uber. Randy supervises a group of lawyers, paralegals and other professional who manage internal matters and outside counsel engagement throughout the United States. The group handles a wide variety of complex commercial matters including consumer class actions. He also personally works on several high-stakes civil cases and other regulatory issues on behalf of the company’s senior leadership. Prior to being employed at Uber, Randy was a partner in the San Francisco office of Shook, Hardy & Bacon where he litigated and tried products liability and commercial cases.

Adam Israel Partner, Balch & BinghamAdam Israel focuses on complex business litigation, primarily in the areas of business torts and unfair competition and banking and financial services. A substantial portion of Adam’s practice is devoted to representing businesses and individuals in non-compete, non-solicitation, and theft of trade secrets cases in trial and appellate courts. Adam is also regularly involved in complex litigation on behalf of highly-regulated businesses. For example, Adam has represented financial institutions in individual and class actions regarding, among other things, debit card processing and overdraft practices. Adam also regularly represents nuclear utilities in ongoing litigation against the federal government arising from the Department of Energy’s delay in disposing of the nation’s commercial spent nuclear fuel.

The Honorable Kent Jordan U.S. Court of Appeals for the Third Circuit, Member, Civil Rules Advisory Committee Kent A. Jordan was appointed in 2006 to serve as a United States Circuit Judge for the Third Circuit. Prior to that appointment, Judge Jordan was a United States District Judge for the District of Delaware from 2002 to 2006. He received a B.A. in Economics in 1981 from Brigham Young University and a J.D. in 1984 from Georgetown University, where he was Articles Editor for the Georgetown Law Journal. He was a law clerk for The Honorable James L. Latchum, a judge on the district court where Judge Jordan later served. He is a former Assistant United States Attorney for the District of Delaware and, from 1991 to 1992, was Chief of the Civil Division in that office. Prior to taking the bench, Judge Jordan served as an officer and as a member of the boards of directors of privately held businesses and was a partner in a Wilmington, Delaware law firm, with a practice focused on intellectual property, corporate, and commercial litigation. He is an Adjunct Professor of Law at the University of Pennsylvania and Vanderbilt University, and also serves as an officer and trustee of the American Inns of Court Foundation.

Neal Katyal Partner, Hogan, former acting Solicitor General of the United StatesNeal Katyal is the Paul and Patricia Saunders Professor of Law at Georgetown University and a Partner at Hogan Lovells. He previously served as Acting Solicitor General of the United States. He has argued 39 cases before the Supreme Court of the United States, with 35 of them in the last 9 years. Most recently, Neal argued the “Travel ban” case on behalf of the State of Hawaii against President Trump in the Supreme Court of the United States. In the 2016-17 term alone, Neal argued 7 cases in 6 separate arguments at the Supreme Court, far more than any other advocate in the nation – nearly 10% of the docket. At the age of 49, he has already argued more Supreme Court cases in U.S. history than has any minority attorney, recently breaking the record held by Thurgood Marshall. He has appeared on virtually every major American news program, as well as on Stephen Colbert and House of Cards on Netflix (where he played himself ).

Rebecca KourlisExecutive Director, IAALSJustice Rebecca Love Kourlis believes in the foundations of the American legal system and has dedicated her career to ensuring it provides justice for all. She served Colorado’s judiciary for nearly two decades, first as a trial court judge and then as a justice of the Colorado Supreme Court. In January 2006, she resigned from the Supreme Court to establish the Institute for the Advancement of the American Legal System (IAALS), where she serves as Executive Director. Her work at the helm of IAALS is resolute in its focus on continuous improvement of the American legal system, and a logical off-shoot of her accomplishments on the bench where she spearheaded significant reforms.

She began her legal career with Davis Graham & Stubbs, and then started a small practice in rural Colorado where she worked in natural resources, water, public lands, oil and gas, and mineral law. In 1987, she was appointed as a trial court judge with a general jurisdiction docket. She served as Water Judge and later as Chief Judge of the district. In 1994, she returned to Denver as an arbitrator and mediator for the Judicial Arbiter Group. She was appointed to the Colorado Supreme Court in 1995.

Connie Lewis Lensing Vice President, Legal, FedEx ExpressMs. Lensing heads a department with offices in Memphis, TN and Orange County, CA. She is admitted to the bars of several Federal Circuits, Arkansas, Texas and Tennessee and the U.S. Supreme Court, where she argued a case during the 2007 term. She currently sits on the Board of Directors and the Executive Committees of both the U.S. Chamber of Commerce’s Institute for Legal Reform and the National Civil Rights Museum. She sits on the Board of Directors, the Executive Committee and is the Secretary Treasurer of Lawyers for Civil Justice. Ms. Lensing is a fellow of the Memphis and Tennessee Bar Foundations. She is a member of the Tennessee Trial Court Vacancy Commission. She is a past President of the Leo Bearman, Sr. American Inn of Court. She has received a University of Arkansas 2016 Citation of Distinguished Alumni and is the recipient of the Women’s Law Student Association’s 2016 Gayle Pettus Pontz Award for Outstanding Woman in Law. She was the Dean of the 2016 International Association of Defense Counsel’s Corporate Counsel College and is a past Corporate Vice President and Board Member of that organization. She is a past Board of Trustees Member for the Campbell Foundation which is devoted to community healthcare, research and education. She has sat on the FedEx Officers’ Diversity Board. She is a past Board Member of the Memphis Bar Foundation. She has been a past recipient of the Minority Counsel Association’s Employer of Choice Award and is a five-time recipient of FedEx’s most prestigious award, the Five Star including the CEO award.

Robert LevyExecutive Counsel, Legal Policy & Administrator, Exxon MobilRobert’s duties include representing ExxonMobil on Civil Justice Reform initiatives and advising on Law Technology, including Electronic Discovery Issues and Records Management. He served as President of the Civil Justice Reform Group and is the Co-Chair of the eDiscovery and Federal Rules Subcommittee. He is also on the Executive Committee of Lawyers for Civil Justice (LCJ) and chairs its Discovery Committee where he was active in leading LCJ’s efforts in support of the 2015 revisions to the Federal Rules of Civil Procedure, including participation in the Federal Civil Rules Advisory Committee’s 2010 Duke Civil Litigation Conference and September 9, 2011 Mini-Conference on Preservation and Sanctions. Robert is a member of the Texas Supreme Court Advisory Committee and he is involved in the U.S. Chamber of Commerce Institute for Legal Reform as well as the American Tort Reform Association. He was honored by LCJ in 2014, receiving its Al Cortese Award for Leadership in Civil Justice Reform.

Prior to joining ExxonMobil, Robert was a partner at Haynes and Boone, LLP for over 14 years where he practiced in the Business Litigation Section, focusing on International Arbitration and Technology Litigation as well as advising on Records Management and Electronic Discovery issues. He also served as a briefing attorney for the Honorable Judge Robert Parker of the Eastern District of Texas.

Gerald L. Maatman, Jr. Partner, Seyfarth Shaw Gerald L. Maatman, Jr. is a partner of Seyfarth Shaw in the firm’s Chicago and New York offices. Mr. Maatman is also an adjunct professor of law at Northwestern University School of Law, where he has taught trial advocacy for 25 years. His practice focuses on defending corporations sued in employment-related class and collective action lawsuits and EEOC pattern or practice cases throughout the United States. Mr. Maatman is also the co-chair of the firm’s Class Action Practice Group. A frequent commentator on legal issues, he has authored six books and hosts Seyfarth’s Workplace Class Action Blog, recently voted one of the top 100 blogs by the ABA. Mr. Maatman is also the author of Seyfarth Shaw’s Annual Workplace Class Action Report, a compendium of Rule 23 decisions that he analyzes and authors each year; 2019 was the Report’s 15th edition. Mr. Maatman was named an Employment MVP by Law360 in 2013, 2014, and again in 2018, which is indicative of being considered one of the best six employment lawyers in the United States.

Professor Merritt McAlister University of Florida Law School Professor Merritt McAlister joined the faculty at the University of Florida Levin College of Law after serving as a partner in the National Appellate Practice at King & Spalding and clerking for Justice John Paul Stevens of the Supreme Court of the United State and Judge R. Lanier Anderson III of the U.S. Court of Appeals for the Eleventh Circuit. While in private practice, she was elected into the American Law Institute, named a Georgia Super Lawyer, and recognized as a rising star by Benchmark Litigation. McAlister teaches and writes in the areas of federal courts, constitutional law, and civil procedure. Her scholarship focuses on judicial decision making, candor, transparency, and access to justice. Her work has been published by or is forthcoming in the Michigan Law Review and the Georgetown Law Journal, among others. McAlister received her bachelor’s degree magna cum laude from Rice University and her law degree summa cum laude from the University of Georgia School of Law.

SPEAKERS AND PANELISTS LCJ MEMBERSHIP MEETING

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The Honorable Bridget Mary McCormack Chief Justice, Michigan Supreme Court

Chief Justice Bridget Mary McCormack joined the Michigan Supreme Court in January 2013, and became the Chief Justice in January 2019. An NYU Law graduate, Chief Justice McCormack started her legal career in New York City. In 1996 she joined the Yale Law School faculty. She then joined the University of Michigan Law School faculty, in 1998, where she taught criminal law, legal ethics, and various clinics. She was named Associate Dean for Clinical Affairs in 2002.

Chief Justice McCormack was elected to The American Law Institute in 2013. The U.S. Department of Justice and the U.S. Department of Commerce’s National Institute of Standards and Technology appointed her to the National Commission on Forensic Science in 2014. She serves as an editor on the ABA’s preeminent journal, Litigation, and as a member of the National Conference of Bar Examiners Torts Drafting Committee. And she continues to teach at the University of Michigan each year as well as publish in professional journals and law media.

Matt MinerDeputy Assistant Attorney General, Criminal Division, U.S. Department of JusticeMatthew Miner serves as Deputy Assistant Attorney General for the Criminal Division of the Department of Justice, where he oversees the work of the Fraud Section (FRD) and the Appellate Section (APP). Prior to re-joining the Department earlier this year, Matt was a partner in the Washington, D.C. office of an international law firm, where he practiced in the firm’s White Collar Litigation and Government Investigations group and served as Co-Chair of the firm’s Washington Strategic Government Relations and Counseling practice. In these roles, he led internal and government-facing investigations of suspected misconduct and handled numerous cross-border investigations of suspected fraud and corruption, as well as a wide range of domestic investigations and enforcement inquiries. Before entering private practice, Matt served as a federal prosecutor and senior roles with the Senate Judiciary Committee. Matt is a graduate of the University of Michigan Law School and the University of Cincinnati.

Malini Moorthy Vice President and Chief Deputy General Counsel, MedtronicMalini Moorthy is currently Vice President and Chief Deputy General Counsel of Medtronic, Inc., a global leader in medical technology, services, and solutions, based in the Minneapolis area. From July 2014 until September 2018, she was Head of the Litigation Department at Bayer Corporation and was at Pfizer immediately prior to then. Ms. Moorthy spent many years as a litigation associate at law firms in the United States and Canada, including the New York office of Salans, (now known as Dentons) and Genest Murray Desbrisay Lamek and McCarthy Tetrault, both in Toronto. Before beginning her corporate law career, Ms. Moorthy served as Executive Director of Free the Children in Toronto, an international children’s organization dedicated to ending the exploitation of children and empowering children through leadership development and training. Ms. Moorthy serves as the chair of the Advisory Council of the Duke Law Distinguished Lawyers Series and on the Board of Directors of the National Center for Law and Economic Justice. She received her bachelor’s degree with honors in political science and economics from the University of North Carolina at Chapel Hill, where she was a Morehead Scholar, and her law degree from Queen’s University in Ontario, Canada, where she was the editor of the Queen’s Law Review.

Tim PrattPresident, LCJ and former Executive Vice President, Chief Administrative Officer, General Counsel and Secretary, Boston ScientificUntil recently, Tim Pratt was Executive Vice President, Chief Administrative Officer, General Counsel and Secretary for Boston Scientific Corporation and a member of its Executive Committee. He was responsible for worldwide management of the company’s Legal functions, Global Compliance, Government Affairs, Aviation, and Global Security. Mr. Pratt is active in the Federation of Defense & Corporate Counsel (FDCC) and is their former Chairman and had served on their Board and Executive Committee. He also serves as a Director on the Board of Lawyers for Civil Justice (LCJ) and is their President. He had been a member of the boards for DRI and the New England Legal Foundation. Mr. Pratt earned his Bachelor of Arts degree at Tarkio College and graduated Order of the Coif from Drake University Law School, where he served as editor-in-chief of the Drake Law Review. Prior to joining Boston Scientific in 2008, Mr. Pratt was a partner and trial attorney with the law firm of Shook, Hardy & Bacon.

Sharon Prost Chief Judge, U.S. Court of Appeals, Federal Circuit

Sharon Prost was appointed by President George W. Bush in 2001 and assumed the duties of Chief Circuit Judge on May 31, 2014. Prior to her appointment, Judge Prost served as Minority Chief Counsel, Deputy Chief Counsel, and Chief Counsel of the Committee on the Judiciary, United States Senate from 1993 to 2001. She also served as Chief Labor Counsel (Minority), Senate Committee on Labor and Human Resources from 1989 to 1993. Prior to her work on Capitol Hill, she served for fifteen years in five different agencies of the executive branch. These agencies included the Department of the Treasury, National Labor Relations Board, and General Accounting Office. Judge Prost received a B.S. from Cornell University in 1973, an M.B.A. from George Washington University in 1975, a J.D. from the Washington College of Law, American University in 1979, and an LL.M. in tax law from George Washington University School of Law in 1984.

John RabiejDeputy Director, Bolch Judicial InstituteJohn K. Rabiej joined Duke Law in early 2011 after serving as the Executive Director/Director of Judicial Outreach for The Sedona Conference since 2010. Previously, Mr. Rabiej was the Chief of the Rules Committee Support Office for twenty years, staffing the six rules committees of the United States Judicial Conference. He has written extensively on ediscovery, including chapter 37A of Moore’s Federal Practice, which he updated quarterly for many years, and chapters in Weinstein’s Federal Evidence Manual. He has written more than 20 articles on ediscovery published in the LexisNexis Emerging Issues series of expert commentaries. He has also written many articles on rules-related issues, including the meaning and purposes of recent rule amendments. He was elected to the American Law Institute in 2005.

The Honorable Robin L. Rosenberg U.S. District Court for the Southern District of Florida and Member, Civil Rules Advisory CommitteeJudge Robin L. Rosenberg was sworn in as a United Stated District Court Judge for the Southern District of Florida in 2014. Before she was appointed to the federal bench, she was sworn in as a Circuit Court judge for the Fifteenth Judicial Circuit (Palm Beach County) in 2007. Judge Rosenberg was assigned to the Circuit Civil Division, after which she served in the Foreclosure Division and then served in the Criminal Division. Prior to her election as a circuit judge, Judge Rosenberg was a partner of Rosenberg & McAuliffe, PL. Judge Rosenberg also served as a certified mediator and ran a full-service mediation firm.

Ms. Rosenberg served as Vice President and General Counsel of Slim•Fast Foods Company and was a member of the executive committee that led all company operations. Ms. Rosenberg led the legal team for Slim•Fast through a $2.1 billion merger with Unilever. Ms. Rosenberg was a litigation partner with the law firm of Holland & Knight LLP, an attorney in private practice and at the City Attorney’s Office in West Palm Beach, and a CEP Fellow and Visiting Professor at a university in the Czech Republic. Judge Rosenberg served as a judicial law clerk to the Honorable James C. Paine, United States District Court, Southern District of Florida from 1989-1990.

The Honorable Thomas Schroeder Chief United States District Judge for the Middle District of North Carolina and Chair of the Rule 702 Subcommittee of the Advisory Committee on Evidence RulesUniversity of Cincinnati College-Conservatory of Music; B.S., Business Administration, Kansas University; J.D., Notre Dame Law School. Editor-in-Chief, Notre Dame Law Review. Law clerk, Honorable George E. MacKinnon, U.S Court of Appeals for the District of Columbia Circuit. Private practice of law for over 22 years with Am Law 100 firm, handling litigation and trials involving a variety of business and product liability matters, many in the capacity as national counsel in litigation pending in state and federal courts throughout the country. Took oath of office as U.S. District Judge in 2008. Member, American Law Institute. Senior Lecturing Fellow, Duke University Law School. Member, North Carolina Bar Association (former Vice President and co-chair of Bench/Bar Liaison Committee); Winston-Salem Downtown Rotary Club; Board of Directors, Chief Justice Joseph Branch American Inn of Court (President 2016-18); Board of Directors, Notre Dame Law Association. In 2017, appointed by Chief Justice John Roberts to serve on the Federal Rules of Evidence Advisory Committee of the United States Judicial Conference and chairs subcommittee on Rule 702.

Elizabeth Slattery Legal Fellow, The Heritage Foundation Elizabeth Slattery researches and writes on the rule of law, separation of powers, civil rights, and other constitutional issues as a legal fellow at the Heritage Foundation. She analyzes cases before the Supreme Court, judicial nominations, and the proper role of the courts. Her work as an expert on constitutional issues includes testimony before the U.S. House of Representatives. Slattery’s commentaries have appeared in The Washington Post, The Washington Times, The Washington Examiner, as well as outlets such as National Review Online, Fox News Channel, SCOTUSBlog, The Daily Caller, and U.S. News & World Report. She is a regular contributor to The Daily Signal. Slattery also hosts SCOTUS101, a podcast breaking down what’s happening at the Supreme Court, what the justices are up to, and more. She is a graduate of George Mason University’s Scalia School of Law and Xavier University.

Stephen J. Ware Professor of Law, University of KansasStephen Ware is the author of three books--PRINCIPLES OF ARBITRATION LAW (2017)(with Ariana Levinson), PRINCIPLES OF ALTERNATIVE DISPUTE RESOLUTION (3d ed. 2016), ARBITRATION LAW IN AMERICA: A CRITICAL ASSESSMENT (2006) (co-author)--and dozens of arbitration articles in scholarly journals. His scholarship has been cited by the U.S. Supreme Court and in at least 30 other federal and state cases. Professor Ware has testified on arbitration before both houses of Congress and in court as an expert witness. He is an arbitrator, elected member of the American Law Institute, and frequent speaker at professional and academic programs. Before becoming a law professor, Stephen Ware clerked for Judge J. Daniel Mahoney (U.S. Court of Appeals, Second Circuit) and practiced law with the firm of Davis Polk & Wardwell in New York. He earned his J.D., with honors, from the University of Chicago, where he was an editor of the Law Review, and his B.A., cum laude, from the University of Pennsylvania.

SPEAKERS AND PANELISTS LCJ MEMBERSHIP MEETING

Page 7: SPRING MEMBERSHIP MEETING€¦ · The December Membership Meeting is December 5-6, 2019. NEW LOCATION: Park Lane Hotel, New York City parklanenewyork.com Michael Weston, who officially

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Larry Weiss Vice President and General Counsel, Analog Devices, Inc.Larry Weiss is General Counsel for Analog Devices, Inc. (NASDAQ: ADI), a $6B publicly traded global semiconductor company based in Boston, Massachusetts. In that role, he is responsible for managing the Legal, Compliance and Government Affairs function. Prior to joining Analog Devices, he worked in a series of roles of increasing responsibility for Medtronic’s Minimally Invasive Therapies Group (MITG), Covidien and Tyco Healthcare. He joined Tyco Healthcare in 1999, supporting the company on a variety of corporate, transactional and compliance matters. In 2006, he was named Vice President and Chief International Counsel for Covidien, in anticipation of Tyco Healthcare’s separation from Tyco, and created the company’s first dedicated international legal team. Beginning in 2010, Larry also managed Covidien’s international IP staff in Switzerland and Japan. In 2011, he was named the Vice President and General Counsel of Covidien Surgical Solutions. Following the acquisition of Covidien by Medtronic, Larry managed the Medtronic Minimally Invasive Therapies Group legal team, a $9B medical device business. Prior to joining Tyco Healthcare, Larry worked as an associate at Goodwin Procter & Hoar in Boston.

Mike WestonFounding Member, Lederer, Weston Craig, PLCMike Weston is a founding member of Lederer Weston Craig, PLC, Des Moines and Cedar Rapids, Iowa. Mike is the President – Elect of LCJ. Mike is a Past President of DRI, a Fellow of the American College of Trial Lawyers, a Member of the Federation of Defense and Corporate Counsel, the International Association of Defense and Corporate Counsel, the Association of Defense Trial Attorneys, ABOTA and a Fellow of the Iowa Academy of Trial Lawyers. Mike is a Past President and Chair of the Board of the National Foundation for Judicial Excellence. (NFJE) He previously served as a Governor on the Board of the Iowa State Bar Association. Mike has also been involved on several other boards and commissions, has been a frequent speaker on substantive legal topics and the business of law, and has facilitated workshops and retreats on leadership and long-range planning. Mike received his Juris Doctor from the University of Iowa College of Law. He practices primarily in the areas of commercial litigation, product liability, toxic torts, bad faith, and insurance coverage and defense.

Julie Yap Partner, Seyfarth & Shaw Julie Yap’s practice focuses on employment litigation and includes the defense of class and multi-plaintiff actions arising out of alleged violations of federal and state statutes prohibiting discrimination and harassment in employment, as well as the defense of class and collective actions arising out of alleged violations of federal and state wage and hour laws. Ms. Yap also has experience litigating against the Equal Employment Opportunity Commission, and the California Department of Fair Employment and Housing, both at the early charge stage and in large-scale pattern-and-practice litigation. Prior to joining Seyfarth, Ms. Yap was a Supreme Court Fellow in the Court’s Administrative Office of the United States Courts. Additionally, Ms. Yap was a career judicial clerk for the Honorable Frank C. Damrell, Jr. (ret.), of the United States District Courts for the Eastern District of California as well as provided research and assistance to Judge Damrell with his work as a member of the Judicial Panel on Multidistrict Litigation. Ms. Yap is also an adjunct professor at the University of the Pacific, McGeorge School of Law.

SPEAKERS AND PANELISTS

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