Hot Topics in Federal Practice and Procedure

Friday, May 30, 2008
Jury Assembly Room
Mark O. Hatfield U.S. Courthouse
1000 SW Third Ave., Portland
6.25 General and .75 Ethics MCLE Credits

ABOUT THIS PROGRAM

Effective federal court litigation practice requires mastery of proper procedure, effective strategy, knowledge of the local rules and practices, as well as strong advocacy. OLI and the Federal Bar Association have assembled an outstanding faculty of federal district and magistrate judges and leading practitioners to share their thoughts, insights, and experience on a wide range of federal practice topics. This program contains a great deal of new information and insights for the experienced practitioner, but also provides an exceptional platform that will be of tremendous benefit to those new to federal court.

SCHEDULE

8:35 - Welcome and Introduction

8:40 – 9:30 - I Know I Should Know This, but I Don’t
This fast-paced segment focuses on aspects of federal practice, or utilization of federal district court in Oregon, that we often have some sense of, but aren't sure of the rules. How do you have a case tried in Pendleton? What are the rules about consenting to magistrate jurisdiction, and what are the consequences if you don’t? Is magistrate consent revocable? What is the practical impact of filing a case in Eugene, or Medford, and what circumstances allow for transfer? What local rules are most frequently violated? This informed panel will remove some of the mystery from these issues unique to federal court and our local system.
– Hon. Janice M. Stewart, US Magistrate Judge
– Steven L. Minetto, Courtroom Deputy,
Hon. Anna J. Brown
– Michael H. Simon, Perkins Coie LLP


9:30 – 10:15 - How to Win with the Other Side’s Own Words
This session will discuss the strategic possibilities of using depositions effectively in the substance of your case and not only as impeachment. Special focus will be given to the rules governing their use, the procedure and basis for various objections, and effective presentation of videotaped testimony.
– Hon. Paul Papak, US Magistrate Judge
– Richard J. Stone, Ball Janik LLP

10:15 – 10:30 - Break

11:00 - 11:45 - E-Discovery: You Can’t Avoid it!
This panel will consider the practical impact of the e-discovery rules and help practitioners develop a strategy and use tactics that will streamline discovery, improve advocacy, and rein in costs. This presentation will include samples of discovery requests crafted for e-discovery, a template to use in a meet and confer conference, and essential questions to ask IT personnel during a Fed. R. Civ. P. 30(b)(6) deposition. Recent decisions showing the consequence of failure to comply with the new rules, and common pitfalls, will also be discussed, as well as the role of e-discovery in smaller cases.
– Hon. Anna J. Brown, US District Court Judge
– Katherine Heekin, The Heekin Law Firm
– Seth H. Row, Holland & Knight LLP

11:30 – 12:15 - Trials and Pleadings and Organization
This session will discuss some of the differences among judges in how a case is organized for trial at the pretrial process, and considerations for counsel. Issues relating to pre-admission of exhibits, preparations necessary for use of multi-media presentations, and bifurcation will be discussed.
– Hon. Garr M. King, US District Court Judge
– Daniel H. Skerritt, Tonkon Torp LLP

12:15 – 1:00 - box lunch (included with registration)

1:00 – 1:45 - Rules Surrounding Disqualification of Counsel
This presentation focuses on circumstances that allow a party to seek disqualification, or require recusal. In addition to the applicable standard in federal court, this panel will also explore strategic considerations, and the adequacy of proof required to seek or at least inquire further into disqualification concerns, and professionalism considerations in handling such an issue.
– Mark J. Fucile, Fucile & Reising LLP

1:45 – 2:30 - Remand and Removal
This presentation will discuss the bases for removal, differences between the forums that should be considered as a strategic matter, and grounds and the process for remand. This panel will also explore important timing issues relating to removal that every federal court practitioner should be aware of, as well as the availability of attorney’s fees in the event of remand or improper removal.
– Hon. John Jelderks, US Magistrate Judge
– Richard J. Vangelisti, Vangelisti Kocher LLP

2:30 – 2:45 - Break

2:45 – 3:30 - Effective Written and Oral Advocacy
Federal court, more than any other forum, results in scrutiny of a practitioners written work and oral skills. This experienced panel will provide guidance about making your written work and argument skills stand out in federal court. – Robert A. Shlachter, Stoll Berne
– Hon. Patricia Sullivan, US Magistrate Judge
– Kelly Alexandre Zusman, US Attorney’s Office

3:30 – 4:30 - Effective Summary Judgment Practice
This presentation will focus on the mechanics and strategy of effective summary judgment briefing, with an emphasis on local rules and practices, authentication of documents, stipulated facts, and organization.
– Courtney Angeli, Program Co-Planner
Buchanan Angeli Altschul, LLP
– Hon. Dennis J. Hubel, US Magistrate Judge
– Beverly C. Pearman, Stoel Rives LLP

4:30 - Adjourn

Tuition

(Tuition includes refreshments and course materials.)