Law Seminars International Presents

Present a special one-day workshop on

Arbitrating the Mega-Case

Cutting-edge information to help you, your company, and your client succeed in complex commercial arbitrations

March 26, 2007
Omni Los Angeles Hotel in Los Angeles, CA
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Who Should Attend

Attorneys, corporate executives and judiciary officials involved in commercial arbitration

Why Attend

Commercial Arbitration has been transformed in the past quarter century by a series of United States Supreme Court decisions which have made it more accessible and its enforcement more predictable. The key principles of these U.S. Supreme Court cases are (1) because arbitration is a preferred dispute resolution choice, courts must err on the side of enforcing rather than limiting agreements to arbitrate, and (2) because arbitration is a contractual process, courts should enforce the agreements that parties make about the mode and manner of the resolution of their disputes. This jurisprudence has encouraged commercial parties and their counsel to embrace arbitration for their disputes, to learn how to create their own unique processes for each individual case, and to be willing to submit large and complex disputes to arbitration. Larger and more complex disputes require adopting procedures that suit such cases. The complexity of managing and conducting arbitrations has increased, and processes often tend to resemble a court trial in a complex case. This means that legal issues and procedures are more common (pleadings, discovery, requests for provisional relief, dispositive motions, motions in limine, application of rules of evidence, enhanced review of awards, etc.), and ancillary and final review of arbitration orders and awards has become routine. A distinguished and experienced faculty of commercial arbitrators and counsel will guide you through best practices in arbitrating the mega-case such as: how to assure processes that suit the complexity of your case, how to select qualified arbitrators and assure their neutrality, how to obtain necessary information and discovery, how to deal with motion practice; how to prepare for and conduct an effective hearing, what are effective advocacy techniques for a winning presentation, how to obtain appropriate remedial relief, and how to shape the award so that it will be confirmed. ~ Program Co-Chairs: Richard Chernick, Esq. and David J. McLean, Esq.

What You Will Learn

~ How to assure processes that suit the complexity of your case ~ How to select qualified arbitrators and assure their neutrality ~ How to obtain necessary information and discovery ~ How to deal with motion practice ~ How to prepare and conduct an effective hearing ~ Advocacy techniques for a winning presentation ~ How to obtain appropriate remedial relief ~ How to shape the award so that it will be confirmed

Agenda

Monday, March 26, 2007

8:00 am Registration & Continental Breakfast
8:30 am Introduction & Overview
  Richard Chernick, Esq., Program Co-Chair, VP and Managing Director of JAMS Arbitration Practice
JAMS / Los Angeles, CA
  David J. McLean, Esq., Program Co-Chair
Latham & Watkins LLP / Newark, NJ
8:45 am Prehearing Issues
  Arbitrability (parties & issues); selecting the institution; selecting an arbitrator or panel (sole, pre-siding, or party-appointed); structuring the case (prehearing process); dealing with multiple-forum litigation; consolidating arbitrations
  Richard Chernick, Esq., Moderator
JAMS / Los Angeles, CA
  Michael E. Baumann, Esq.
Kirkland & Ellis LLP / Los Angeles, CA
10:15 am Break
10:30 am Prehearing Issues (con't)
  Obtaining discovery (including third party and out-of-jurisdiction discovery; enforcing discovery rights); prehearing motion practice (provisional relief; disparities motions; motions in limine); arbitrator roles in tripartite arbitrations
  David J. McLean, Esq., Moderator
Latham & Watkins LLP / Newark, NJ
  Steven L. Smith, Esq.
O'Melveny & Myers LLP / San Francisco, CA
  The Hon. Kathleen A. Roberts, (Ret.)
JAMS / New York, NY
12:00 pm Lunch (on your own)
1:15 pm Hearing Issues
  Briefs; motions; opening statements; managing voluminous documents; non-traditional modes of testimony; rules of evidence; expert testimony
  David J. McLean, Esq., Moderator
Latham & Watkins / Newark, NJ
  David M. Heilbron, Esq.
Bingham McCutchen LLP / San Francisco, CA
  Cary B. Lerman, Esq,
Munger Tolles & Olson LLP / Los Angeles, CA
2:45 pm Break
3:00 pm Hearing Issues (con't)
  Effective advocacy; award process: Interim, partial final and final awards; deliberating with a tri-partite panel (role of non-neutral arbitrator); correcting awards; review of awards
  Richard Chernick, Esq., Moderator
JAMS / Los Angeles, CA
  Robert G. Badal, Esq.
Heller Ehrman LLP / Los Angeles, CA
  Christine W.S. Byrd, Esq.
Irell & Manella LLP / Los Angeles, CA
5:00 pm Reception for Faculty and Attendees Sponsored by Morrison & Foerster LLP, Latham & Watkins LLP and JAMS

Tuition

Regular tuition for this program is $695 with a group rate of $620 each for two or more registrants from the same firm. For government employees, we offer a special rate of $545. For students and people in their job for less than a year, our rate is $347.50. 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 & Substitution

You may substitute another person at any time. We will refund tuition, less a $50 cancellation fee, if we receive your cancellation by 5:00 p.m. on Tuesday, March 20, 2007. After that time, we will credit your tuition toward attendance at another program or the purchase of a homestudy. There is a $25 cancellation fee for Course Materials orders and $50 for Homestudy orders.

Continuing Education Credits

Law Seminars International is a State Bar of California approved MCLE provider. This program qualifies for 6.75 California MCLE credits. Upon request, we will apply for CLE credits in other states and other types of credits.

Location

The workshop will be held at the Omni Los Angeles Hotel at 251 South Olive Street in Los Angeles, CA 90012. Call Omni central reservations at (800) 843-6664. Rooms are available on a first come, first served, individual basis.
More about the Location
Map & Directions

If You Cannot Attend

Our complete Homestudy Course, consisting of a VHS or DVD recording and the written course materials, is available for $705. The written course materials alone are available for $100. We will ship your homestudy order via UPS ground within two weeks after the seminar or the date we receive payment (whichever is later).
Order Homestudy

Faculty Bios

Richard Chernick, Program Co-Chair, is Vice President and Managing Director of the JAMS Arbitration Practice. He arbitrates and mediates large and complex disputes, both domestic and international. He is a Fellow of the Chartered Institute of Arbitrators, author or co-author of leading texts on ADR, Employment ADR and International Arbitration and Mediation, and a frequent trainer and lecturer on arbitration and mediation topics. He is former Chair of the Dispute Resolution Section of the American Bar Association and Founding President of the College of Commercial Arbitrators. Mr. Chernick served as the ABA’s Advisor to the drafting committee for the Revised Uniform Arbitration Act.

David J. McLean, Program Co-Chair, is the managing partner for the New Jersey office of Latham & Watkins LLP and is the firm's partner in charge of alternative dispute resolution. He is a senior litigator in complex commercial litigation and well-versed in mediation and international and domestic arbitration.

Robert G. Badal is shareholder and member of the Antitrust & Trade Regulation and Intellectual Property Practice Groups at Heller Ehrman LLP. He specializes in antitrust counselling, including risk avoidance and the antitrust implications raised by enforcement of intellectual property rights, technology copyright, patent and antitrust litigations.

Michael E. Baumann, partner, Kirkland & Ellis LLP, has been a trial and appellate counsel to major corporate clients before arbitrators and has tried cases involving technology related disputes in the telecommunications and satellite industries in interstate and international arbitrations. He represents clients in putative class arbitrations in defense of a billion dollar claim relating to the restructuring of business in South America, Mexico and the Caribbean.
Full bio and contact info for Michael E. Baumann at Kirkland & Ellis LLP

Christine W.S. Byrd partner, Irell & Manella LLP, specializes in complex business and patent litigation and is Fellow in both the American College of Trial Lawyers and the College of Commercial Arbitrators. "The Best Lawyers in America" names her in the speciality of Alternative Dispute Resolution.

David M. Heilbron is chair of the Northern California Advisory Council and a member of the AAA board of directors, and was managing partner at Bingham McCutchen LLP. He is a member of the American College of Trial Lawyers, the American Academy of Appellate Lawyers and the College of Commercial Arbitrators. He was president of the State Bar of California; evaluator for Federal Court Early Neutral Evaluation Program; was appointed special referee by the San Francisco Superior Court, and has arbitrated for Superior Court judicial arbitrations.

Cary B. Lerman, partner, Munger Tolles & Olson LLP, concentrates on litigating and arbitrating complex business disputes, including representing complex corporate policy holders in insurance coverage suits and in arbitrations both domestically and internationally. He is listed in "Chambers USA" and "The International Who's Who of Insurance & Reinsurance Lawyers."

The Hon. Kathleen A. Roberts of JAMS was a U.S. Magistrate Judge in the Southern District of New York from 1985-1995 and has been an arbitrator in numerous international disputes, including several ICC arbitrations. She teaches Alternative Dispute Resolution as an Adjunct Professor at NYU Law School.

Steven L. Smith is partner at O'Melveny & Myers LLP's San Francisco Office and Chair of the firm's International Arbitration practice. He has been an arbitrator in International Chamber of Commerce (ICC) and UNCITRAL arbitrations, and has handled matters for and against sovereign entities from the Middle East, Europe, Asia, Latin America and Africa. He specializes in commercial and intellectual property disputes in the energy, aerospace, high technology and defense sectors.

Firm Links

Kirkland & Ellis LLP