Law Seminars International Presents: An Intensive One-Day Seminar on

Public Records Act Litigation
The unique procedural issues of bringing and defending Public Records Act (PRA) suits

(For this past program, we offer two options for purchase: a Homestudy (DVD and written materials) or written materials alone.)



January 30, 2013
Washington State Convention Center in Seattle, WA

Who Should Order This Homestudy

Public and private attorneys who litigate over denials of citizen public records requests; public officials responsible for managing public records.

Why You Should Order

Washington's Public Records Act ("PRA"), first passed by initiative in 1972, has long been a critical tool for citizens seeking access to public records to monitor the behavior of government. Recently, the PRA has entered an activist era with more and more citizens submitting PRA requests and suing when they are denied. Public agencies have had to balance the economic consequences of a wrongful denial against their administrative needs.

This program will examine this recent trend from the standpoint of attorneys who have been in the field dealing with the unique procedural issues of bringing and defending PRA suits, which is governed by the PRA. Should agencies sue first to determine the legitimacy of a claimed exemption? What are the practical steps that citizens should take before bringing suit and, if they do sue, how to get full attorney's fees and penalties? The Washington Supreme Court has handed down several significant cases in the past five years that provide some guidance, but leave many unanswered questions.

This seminar will explore those decisions and provide invaluable assistance to the PRA practitioner.

~ P. Stephen DiJulio, Esq. and Judith A. Endejan, Esq., Program Co-Chairs

What You Will Learn



Agenda

Wednesday, January 30, 2013

8:00 am

Registration Opens

 
8:30 am

Introduction & Overview

P. Stephen DiJulio, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

Judith A. Endejan, Esq., Program Co-Chair
Graham & Dunn PC / Seattle, WA

 
8:45 am

Current Case Law Trends: Update on Recent Public Records Act (PRA) Decisions and Pending Matters

Recent developments in the various flavors of PRA litigation: Requestors filing when they feel denial isn't justified; agencies suing requestors for injunctions and declaratory judgments; private parties seeking competitive intelligence.

Eric M. Stahl, Esq.
Davis Wright Tremaine LLP / Seattle, WA

 
9:30 am

Transparency vs. Privacy: Friction at the Intersection of Washington's Public Records Act and its Privacy Act

Case study: City of Seattle vs. Egan and KOMO vs. City of Seattle (Seattle Police Department dash-cam videos)

Judith A. Endejan, Esq., Program Co-Chair
Graham & Dunn PC / Seattle, WA

James E. Lobsenz, Esq., Principal
Carney Badley Spellman, P.S. / Seattle, WA

 
10:15 am

Break

 
10:30 am

Special Address: View from the Bench on PRA Litigation

The Hon. Christine A. Pomeroy, Esq., Judge (Ret.)
Thurston Co Superior Ct / Olympia, WA

 
11:00 am

Protecting Public Sector Interests: When Do Serial Requests Become Harassment? How do you Stop It?

Declaratory Judgment actions under RCW 42.56.540: Pros and cons of declaratory judgment actions as a pro-active strategy; practical steps an agency can take under existing law to ease the burden of extensive PRA requests.

Heidi Ann Wachter, Esq., City Attorney
City of Lakewood / Lakewood, WA

Matthew Kaser, Esq., Assistant City Attorney
City of Lakewood / Lakewood, WA

 
12:00 pm

Lunch (on your own)

 
1:15 pm

Washington's Anti-SLAPP (Strategic Lawsuit Against Public Participation) Statute

When does it apply to government agencies filing declaratory judgment actions? Does this help or harm requestors?

Katherine A. George, Esq.
Harrison-Benis, LLP / Seattle, WA

Jeffrey S. Myers, Esq.
Law, Lyman, Daniel, Kamerrer & Bogdanovich, P.S. / Olympia, WA

 
2:15 pm

Penalties and Attorneys Fees

Developments in attorney fee awards and penalties under the PRA. How to present your best case as a requestor and how to defend against that if you are an agency.

Jessica L. Goldman, Esq.
Summit Law Group PLLC / Seattle, WA

 
2:45 pm

e-Discovery, Metadata, and Public Records

Cases at the intersection of electronic discovery and the Public Records Act; tips for adapting your litigation strategies.

Julie Anne Halter, Esq.
K&L Gates LLP / Seattle, WA

 
3:15 pm

Break

 
3:30 pm

Settlement Discussions

Why compromise can be a win-win for everyone in a PRA dispute and how to get there.

Ramsey E. Ramerman, Esq., Assistant City Attorney
City of Everett / Everett, WA

 
4:00 pm

Ethics: Managing Client Relationship and Maintaining Public Sector Privileges

The application of RPC 1.6 and a public lawyer's duty under the PRA require particular attention to common law and statutory privileges. These privileges include: Attorney-client, work product and deliberative process.

P. Stephen DiJulio, Esq., Program Co-Chair
Foster Pepper PLLC / Seattle, WA

 
5:00 pm

Evaluations and Adjourn

 


Cost

Regular tuition for this program is $595 with a group rate of $445 each for two or more registrants from the same firm. For government employees, we offer a special rate of $395. For students and people in their job for less than a year, our rate is $297.50. All rates include admission to all seminar sessions, food and beverages at breaks, and all course materials. Make checks payable to Law Seminars International.

Cancellation

There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders

Continuing Education Credits

Live credits: This program qualifies for 6.5 WA CLE credits (incl. 1 Ethics). Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits.





Faculty Bios

P. Stephen DiJulio, partner at Foster Pepper PLLC, focuses on state and local government litigation, land use and environmental law. He is experienced in eminent domain, utilities, local improvement districts, facility siting and contractor litigation. He was named a "Super Lawyer" by Washington Law and Politics.
Full bio and contact info for P. Stephen DiJulio at Foster Pepper PLLC

Judith A. Endejan, shareholder at Graham & Dunn PC, focuses on media, communications and First Amendment law. She has experience litigating cases at the appellate level on PRA issues. She is a founding member and current board member of the Washington Coalition for Open Government and wrote two chapters for the "Public Records Act Deskbook" published by the WSBA in 2006.
Full bio and contact info for Judith A. Endejan at Graham & Dunn PC

Katherine A. George, of Harrison, Benis & Spence, LLP, represents citizens and groups at the local, state and federal levels, in matters concerning the right of all citizens to an open government. She focuses on appeals and the Public Records / Freedom of Information Act. She received the National Press Club's Freedom of the Press Award.

Jessica L. Goldman, Summit Law Group, focuses on commercial and First Amendment litigation and media litigation. She represents newspapers, internet service providers, internet content providers and book publishers, and prepublication content advice to First Amendment companies and internet content providers.

Julie Anne Halter, partner in K & L Gates LLP's e-Discovery Analysis & Technology Group, focuses on discovery cases including: Intellectual property, securities and banking, SEC and FINRA investigations, antitrust, products liability, real estate and employment litigation, government and internal investigations, and Public Records Act requests.
Full bio and contact info for Julie Anne Halter at K&L Gates LLP

Matt Kaser, Assistant City Attorney, oversees civil litigation for the City of Lakewood and assists with criminal prosecution. He represents the City in civil litigation and appeals and represents the City in Public Records Act litigation.

James E. Lobsenz, principal, Carney Badley Spellman, P.S., focuses on criminal defense, civil rights, and employment law and evidence at the appellate level. He is an Adjunct Professor of Law at Seattle University, where he teaches First Amendment and civil rights litigation, is the author of the website Seattle Criminal Appeals, and is a Super Lawyer.
Full bio and contact info for James E. Lobsenz at Carney Badley Spellman, P.S.

Jeffrey S. Myers, partner, Law Lyman Daniel Kamerrer & Bogdanovich, P.S., represents governmental clients in public disclosure issues, including matters arising under the Public Records Act and Open Public Meetings Act.

The Hon. Christine Pomeroy, retired Superior Court Judge of Thurston County, has more than 21 years' experience as a trial judge, presiding over criminal, civil and administrative law cases. She is a member of the Board of Trustees for the Superior Court Judges Association.

Ramsey Ramerman, City Attorney of Everett, focuses on PRA education and reform. He is founding president of the Washington Assoc. of Public Records Officers and is the local government representative on the State Sunshine Committee reviewing exemptions to the PRA.

Eric M. Stahl, partner, Davis Wright Tremaine LLP, represents news, entertainment, and communications companies in intellectual property, commercial and First Amendment matters. He litigates public records disputes and is co-editor-in-chief of the second edition of the WSBA Public Records Act Deskbook.
Full bio and contact info for Eric M. Stahl at Davis Wright Tremaine LLP

Heidi Ann Wachter, Lakewood City Attorney, provides counsel to City Council and the City Manager. She is incoming Chair of the Washington State Bar Association Administrative Law Section and was recipient of the Outstanding Service Award from WSAMA and Tacoma-Pierce County Bar Associations.