1 Jones Day MCLE University Please join us for our annual JD MCLE University for clients and friends of Jones Day. Thursday, January 25, 2007
2 JONES DAY RSVP invites you to participate with our attorneys in a full day of MCLE courses to be held in our downtown Los Angeles office. The morning session will offer five different tracks Track I will allow you to obtain three hours of Ethics, while Tracks II - V will allow you to receive three hours of General Practice MCLE credit. Our afternoon session will offer an additional hour of Ethics as well as one hour each for ELIMINATION OF Bias and substance abuse. RSVP by January 22, 2007 to Miranda Mossavar at or Please indicate which track/ courses you plan to attend and whether you prefer program materials in hard copy, CD format or both. 9:30am - 4:30pm 9:30am - 12:30pm TRACK I TRACK II TRACK III 9:00am Registration and Continental Breakfast TRACK IV TRACK V 12:30pm 1:30pm - 4:30pm Program MORNING SESSIONS Ethics Intellectual Property Public Construction and Procurement Law Employment Law Employee Benefits for Public Employers and Government Plans Lunch AFTERNOON SESSIONS Ethical Issues Elimination of Bias Substance Abuse 4:30 pm Reception City National Tower 555 South Flower Street Fiftieth Floor Los Angeles, CA MCLE COMPLIANCE DEADLINE GROUP Group 1 (Last Names A - G) DEADLINE February 1, 2007
3 JD University TRACK I MORNING SESSION ETHICS 3 hours of Ethics Credit 9:30am - 11:30am Session 1 Ethics Refresher: Real-World Problems and Recent Developments Using brief hypotheticals, session attendees participate in a discussion of everyday ethical and professionalism issues likely to be encountered by attorneys representing corporate entities, public agencies and other organizational clients, with particular focus on the professional responsibilities of attorneys. Presenter: Kathryn Fenton 11:30am - 12:30pm Session 2 Ethical Considerations in Settling Cases Settling government investigations and enforcement actions, and private class actions, can pose some challenging ethical and preclusion issues. Can the government require waiver of the attorney-client privilege? What can be done to prevent private attorneys from bringing similar suits in the future? What are the potential conflicts in settling class action litigation? This session will discuss selected settlement issues and challenges. Presenter: Alan Friedman
4 JD University MORNING SESSION TRACK II INTELLECTUAL PROPERTY 3 hours of General Practice MCLE Credit 9:30am - 10:30am 10:30am - 11:30am 11:30am - 12:30pm Session 1 Intellectual Property Holding Companies: IP and Tax Considerations Increasingly, companies are either creating, or considering creating, separate intellectual property holding companies that will hold title to or otherwise commercially exploit and enforce their entire intellectual property portfolios. Although there may be important tax and administrative benefits to such structures, they also raise important issues for IP acquisition, management and enforcement. Issues that need to be carefully considered include the remedies available to the holding company for patent infringement, the effects of dividing portfolio ownership within a corporate group, and a variety of related tax consequences. Presenters: David Boyce and Brent Sokol Session 2 Patent Litigation in Plaintiff Preferred Battlegrounds Two of the most popular venues for patent litigation are the Eastern District of Texas and the International Trade Commission, as both are perceived as fast-track and patent-friendly venues. If your company is considering bringing patent litigation, or your company gets sued, chances are you will find yourself in one or the other. Being forewarned is being forearmed. Learn the unique aspects of litigation in each of these popular, but quite different, forums. Presenters: Kevin McBride and Larry LaPorte Session 3 Recent Developments In the Battle Between IP and Antitrust Patents and other IP rights grant the right to exclude certain products and practices from the marketplace, whereas antitrust laws seek to promote open access to and competition within the marketplace. There have been some important recent developments in the interface between these two important bodies of law. This session will discuss new cases and regulations regarding patents and market power, standards-setting organizations, and other news from the front. Presenters: Jason Murray and Robert Dickerson
5 JD University MORNING SESSION TRACK III PUBLIC CONSTRUCTION AND PROCUREMENT LAW 3 hours of General Practice MCLE Credit 9:30am - 10:30am 10:30am - 11:30am 11:30am - 12:30pm Session 1 Hot Topics In Public Construction And Procurement Law Those who deal with public projects and procurements keep getting tossed hot potatoes and 2006 was no exception! Topics to be discussed include: (1) the California Supreme Court s first two decisions addressing California s False Claims Act and what they mean for public agencies; (2) limits placed on disclosure under California s Public Records Act in the context of pending bids; (3) recent notable legislative changes; and (4) whether waiver of owner claims by release of retention is myth or reality. Presenters: Daniel D. McMillan and Erich Luschei Session 2 Breaking Up Is Hard To Do: Termination Of A Public Contract By The Owner Or The Contractor Termination of construction contracts can be fraught with peril. This session examines pitfalls associated with terminating public contracts and how certain traps for the unwary can be avoided when drafting contract termination provisions. Do all breaches justify termination? Are notice and an opportunity to cure always required? Does a continuing performance clause waive the contractor s right to terminate for material breach? Can an owner terminate for convenience and, if so, at what cost? Must an owner or contractor comply with dispute resolution provisions before terminating a contract? Presenters: Daniel D. McMillan and Kevin Dorse Session 3 Key Contract Provisions In Public Construction Contracts: The Competing Perspectives Of Owners, Design Professionals and Contractors When difficulties are encountered on a project, will you find the key provisions in the contract that protect your client? Contracts that unfairly allocate risk may discourage contractors from bidding on projects. This session discusses risk allocation provisions in light of the current contracting environment from the perspective of owners, design professionals and contractors. Topics include the standard of care in design professional contracts, the breadth of an owner s right to inspect and copy project documents, implementing the economic loss doctrine through contract provisions, and problematic dispute resolution provisions. Presenters: Erich Luschei and Kevin Dorse
6 JD University MORNING SESSION TRACK IV EMPLOYMENT LAW 3 hours of General Practice MCLE Credit 9:30am - 10:30am 10:30am - 11:30am Session Employment Law Highlights: Key Decisions Affecting Public and Private Employers Perspectives will be offered on everything from the latest Supreme Court decision to the trenches of the trial court. Presenters: Patricia Kinaga, Matthew Yu and Roger King Session 2 Meal Breaks, Rest Breaks, and all the Rest: Wage and Hour Class Actions in was another strong year for the plaintiffs wage and hour class action bar, and there were decisions on a number of important issues. Tune in for a preview of what 2007 will bring. Presenters: Steven Katz, Mark Kemple and Deborah Saxe Session 3A California Employment Arbitration: Is it the Silver Bullet? 11:30am - 12:30pm Arbitration in California has great potential, but many pitfalls. With the right arbitration agreement, an employer can resolve disputes fairly and quickly, avoid many litigation costs, and maybe even escape the dreaded wage and hour class action. Topics include policy decisions employers face when drafting arbitration agreements, potential traps in certain contract clauses, important decisions from 2006, and the California Supreme Court s upcoming Gentry decision. Presenters: Harry Johnson and Cindi Pusateri 11:30am - 12:30pm Session 3B Mouthing Off on the Job in a Public Workplace What are the practical ramifications of Garcetti for public employers? Presenters: Steven Katz and Patricia Kinaga
7 JD University MORNING SESSION TRACK V EMPLOYEE BENEFITS FOR PUBLIC EMPLOYERS AND GOVERNMENT PLANS 3 hours of General Practice MCLE Credit 9:30am - 10:30am Session 1 Funding Retiree Health Obligations for Public Employers and Plans: Available Tax-Preferred Vehicles In light of GASB Statements 43 and 45, this session will provide an overview of the tax-favored vehicles that may be used to fund retiree health obligations, the tax treatment of employer and employee contributions to those vehicles, and recently enacted California legislation authorizing the creation of certain retiree health trusts. Presenters: Kirstin Poirier-Whitley and Sarah Heck Griffin 10:30am - 11:30am Session 2 No Good Deed Goes Unpunished! Retiree Medical Benefits and California s Vested Rights Doctrine When can retiree medical benefits be changed? This session will provide an overview of how California s vested rights doctrine may impact a public employer s ability to amend or terminate its retiree medical benefit plan. Presenters: Kirstin Poirier-Whitley and James Baker 11:30am - 12:30pm Session 3 What s New: The Pension Protection Act of 2006 The Pension Protection Act of 2006 made significant changes to the tax and fiduciary rules governing deferred compensation and pension plans. Come find out which provisions may be of interest to public employers and governmental plans in California. Presenters: Brian Holmen and Sarah Heck Griffin
8 AFTERNOON SESSION JD University 1 hour of Ethics, 1 hour of Elimination of Bias, and 1 hour of Substance Abuse Credit 1:30pm - 2:30pm 2:30pm - 3:30pm 3:30pm - 4:30pm Session 1 Ethical Issues in Conducting Internal Investigations Recent press stories have drawn renewed attention to ethical issues like lawyer authorization of pretexting that can arise in the course of conducting internal investigations. This session will review various legal and ethical issues that may confront in-house and outside counsel asked to undertake internal investigations and will also suggest practical ways of addressing these concerns. Presenter: Kathryn Fenton Session 2 Elimination of Bias: Gender Bias and Sexual Harassment in the Legal Environment Life Theatre will perform a one-hour workshop on the topic of bias with a focus on sexual harassment in a legal setting. The program will include a dramatization illustrating examples of sexual harassment and bias, and a discussion on the impact of this type of bias on both a personal and professional level. During this discussion, audience members will talk directly with the characters in the dramatization, working together to find solutions to the issues presented. Presenter: Life Theatre Group Moderator: Daniel D. McMillan Session 3 Substance Abuse Life Theatre continues its dynamic presentation with a one-hour workshop about substance abuse in the legal profession, with emphasis on the techniques to address such problems. This workshop will explore how those working in the high stress/high stakes legal environment can unknowingly and adversely affect and encourage substance abuse on both a personal and professional level. Symptoms, scenarios, and strategies for intervention and prevention in drug and alcohol dependency for colleagues and oneself are identified. Presenter: Life Theatre Group Moderator: Daniel D. McMillan About Life Theatre: Founded in 1992 by drama therapist Cynthia Cristilli and professional actress Molly Goode, Life Theatre uses reality-based dramatizations to examine social and business concerns of all types. Allowing audience members to interact directly with the actors, who respond as their characters, Life Theatre has an exceptional track record when it comes to engaging and galvanizing groups of all kinds.
9 ATTORNEY BIOGRAPHIES JAMES Baker co-chairs the firm s employee benefits and executive compensation practice. He was recognized by The National Law Journal as one of the 40 best ERISA/employee benefit attorneys in the United States and has been selected by Chambers USA as one of America s Leading Lawyers nationally for ERISA litigation. David Boyce, a Los Angeles tax partner, focuses on tax planning and appeals, including taxable and tax-free mergers and acquisitions, international joint ventures, transfer pricing, and patent holding companies. Dave is listed in Southern California Super Lawyers and The Best Lawyers in America. Robert Dickerson has nearly thirty years experience in litigating IP cases, licensing IP, and advising clients on IP and antitrust matters. He is coordinator of the firm s IP practice in Los Angeles, and has been repeatedly named as a Southern California Super Lawyer in IP. Kevin Dorse is a partner in the Los Angeles office of Jones Day and a member of the firm s construction practice. He has extensive experience representing public owners and handling builders risk claims. KathRYN Fenton represents and counsels numerous Fortune 500 companies on antitrust and competition law issues. She will become chair of the ABA Section of Antitrust Law in August 2007 and is a former chair of the D.C. Bar Legal Ethics Committee. Alan Friedman focuses on complex business litigation and arbitration. He is past president of the Association of Business Trial Lawyers, Los Angeles chapter, and was the chairman of a statewide task force of lawyers and judges to streamline discovery rules and protocols for civil business cases in California state courts. Sarah HECK Griffin focuses on employee benefits and executive compensation and has been named as a Southern California Super Lawyer in employee benefits/erisa. She has extensive experience representing public employers and plans in benefit plan design and administration, investment of plan assets, and conflicts with outside providers.
10 Brian Holmen focuses on the field of employee benefits and has extensive experience advising clients with respect to benefit programs, including retirement plans, health and welfare programs and executive compensation programs. Brian also advises clients on benefits-related issues that arise in the context of mergers and acquisitions. Harry Johnson has drafted and successfully enforced arbitration agreements for many employers. In 2006, for example, he was featured in the Daily Labor Report for obtaining the complete dismissal of a wage and hour class action in Hicks v. Macy s Department Stores on the basis of Macy s arbitration agreement. Steven Katz is a Certified Appellate Specialist who concentrates on appeals, complex litigation, and class action defense. Named as a 2007 Southern California Super Lawyer, he is one of the most active attorneys in California in the area of wage and hour class action defense. Mark Kemple has extensive experience in all aspects of employment litigation, including wage and hour class and individual claims, discrimination claims, wrongful termination, and misappropriation of trade secret claims. Named as a 2007 Southern California Super Lawyer, Mark has tried more than a dozen cases to judgment. Patricia Kinaga is an employment litigator who has represented several cities, including Los Angeles, Oxnard, and Riverside, as well as large private sector employers. A 2007 Southern California Super Lawyer, she has extensive jury trial experience in state and federal courts. Roger King represents employers in employment relations matters, with particular concentration in representing management in matters arising under the National Labor Relations Act, state and federal equal employment statutes, the Americans with Disabilities Act, and the Family and Medical Leave Act. Larry LaPorte has litigated patent and other IP cases in courts across the country, including the International Trade Commission, for clients such as Epistar, Cadence Quickturn Design Systems, and Gennum Corporation. Larry was recently involved in the successful representation of three Chinese respondents in an ITC matter. Erich Luschei is a construction attorney in the Los Angeles office of Jones Day. He has extensive experience litigating construction disputes and drafting project documents for both public and private projects.
11 Kevin McBride has litigated patent cases in courts throughout the United States and before the International Trade Commission, for clients such as Hughes Electronics, DIRECTV, Motorola and American Honda. Kevin also is a frequent speaker on IP topics. Daniel D. McMillan co-chairs Jones Day s international construction practice. He is a frequent speaker and writer on construction law and has substantial experience representing public and private owners, design professionals and contractors. Jason Murray has extensive experience in all aspects of antitrust and competition law, including the interaction of antitrust and intellectual property laws. His practice focuses on complex antitrust litigation and counseling for clients in a wide variety of industries, including technology and entertainment. Kirstin Poirier-Whitley is Of Counsel in the Los Angeles office of Jones Day and a member of the firm s employee benefits and executive compensation practice. For more than a decade she has counseled governmental employers and plans about plan design and administration issues, including tax, fiduciary and vested rights issues. Cindi Pusateri focuses on defending employers in a broad range of employment litigation matters. She was named a California Rising Star in the area of employment law, an honor reserved for the top 2.5 percent of up-and-coming lawyers under age 40 in Southern California. Deborah Saxe represents employers in labor and employment law matters, including wage and hour class actions. She is a fellow in the College of Labor and Employment Lawyers and was selected by her peers to be included in the 2006 and 2007 editions of The Best Lawyers in America. Brent Sokol regularly represents industry leaders in a wide variety of IP matters, including international patent, trademark and copyright licensing and litigation. He is the recipient of the 2006 John Anson Ford award for his intellectual property litigation work on behalf of Los Angeles County. Matthew Yu focuses on labor and employment law counseling and litigation defense, and has particular experience with wage-hour issues and defense. He was named a California Rising Star in the area of employment law, an honor reserved for the top 2.5 percent of up-andcoming lawyers under age 40 in Southern California.
12 W 6th St W 4th St Jones Day W 5th St 110 S Figueroa St S Flower St Wilshire Blvd W 7th St W 6th St S Grand St Jones Day 555 South Flower Street Fiftieth Floor Los Angeles, California Parking will be validated for attendees of the program. The underground parking garage is located on South Flower Street immediately past the corner of West Fifth Street and South Flower Street.