FIFTH ANNUAL FBA HAWAII CONFERNCE December 6, 2013

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1 FIFTH ANNUAL FBA HAWAII CONFERNCE December 6, 2013 SIMEON H. BAUM, ESQ President, Resolve Mediation Services, Inc., New York, NY Simeon Baum, President of Resolve Mediation Services, Inc., has successfully mediated over 1,000 disputes. He has been active since 1992 as a neutral in dispute resolution, assuming the roles of mediator, neutral evaluator and arbitrator in a variety of cases, including the highly publicized mediation of the Studio Daniel Libeskind-Silverstein Properties dispute over architectural fees relating to the redevelopment of the World Trade Center site, Trump s $ 1 billion suit over the West Side Hudson River development, and Archie Comics shareholder/ceo dispute. He was selected for New York Magazine s Best Lawyers and New York Super Lawyers listings for ADR, and Best Lawyers Lawyer of the Year for ADR in New York for 2011 and 2014, and for the International Who s Who of Commercial Mediation Lawyers An attorney, with 30 years experience as a litigator, Mr. Baum has served as a mediator or ADR neutral in a wide variety of matters involving claims concerning business disputes, financial services, securities industry disputes, reinsurance and insurance coverage, property damage and personal injury, malpractice, employment, ERISA benefits, accounting, civil rights, partnership, family business, real property, construction, surety bond defaults, unfair competition, fraud, bank fraud, bankruptcy, intellectual property, and commercial claims. Mr. Baum has a longstanding involvement in Alternative Dispute Resolution ("ADR"). He has served as a neutral for the United States District Courts for the Southern and Eastern Districts of New York Mediation Panels; New Jersey Superior Court, Civil Part, Statewide; Commercial Division, New

2 York State Supreme Court, New York & Westchester Counties; U.S. Bankruptcy Court, Southern & Eastern Districts of New York; the New York Stock Exchange; National Association of Securities Dealers; the U.S. Postal Service, the U.S. Equal Employment Opportunity Commission, and CPR, and National Academy of Distinguished Neutrals (NADN), among others. Mr. Baum s peers have appointed him to many key posts: e.g., Member, ADR Advisory Group, Commercial Division, Supreme Court, New York County; ADR Advisory Group and Mediation Ethics Advisory Committee, N.Y. State Unified Court System. Founding Chair of the N.Y. State Bar Association s Dispute Resolution Section, he was also subcommittee chair of the N.Y. State Bar Association s ADR Committee; Legislative Tracking Subcommittee Chair of the ADR Committee of the Litigation Section of the American Bar Association; Charter Member, ABA Dispute Resolution Section Corporate Liaison Committee; President, Federal Bar Association s SDNY Chapter, and Chair of the FBA s national ADR Section. He is past Chair of the New York County Lawyers Association (NYCLA) Committee on Arbitration and ADR. Besides serving on the NYCLA s Committee on Committees, he is past Chair of the Joint Committee on Fee Dispute and Conciliation (of NYCLA, ABC NY, and Bronx County Bar Associations), and is on the Board of Governors, NYS Attorney-Client Fee Dispute Resolution Program. He is also a Fellow of the American Bar Foundation. He is a Director for the New York NADN panel. Mr. Baum has shared his enthusiasm for ADR through teaching, training, extensive writing and public speaking. He has taught ADR at NYU's School of Continuing and Professional Development, and he teaches Negotiation, and Processes of Dispute Resolution (focusing on Negotiation, Mediation and Arbitration) at the Benjamin N. Cardozo School of Law. He developed and conducts 3-day programs training mediators for the Commercial Division, Supreme Court, New York, Queens, and Westchester Counties. He has been a panelist, presenter and facilitator for numerous programs on mediation, arbitration, and ADR for Judges, attorneys, and other professionals. Mr. Baum is a graduate of Colgate University and the Fordham University School of Law. HON. WILIAM A. FLETCHER Circuit Judge, Ninth Circuit Court of Appeals Judge Fletcher was sworn in as United States Circuit Judge for the Ninth Circuit on February 1, He received a B.A. from Harvard College in 1968 in English History and Literature; a B.A. from Oxford University as a Rhodes Scholar in 1970 in English Language and Literature; and a J.D. from Yale Law School in He was honorably discharged from the United States Navy as a Lieutenant in 1972.

3 Judge Fletcher clerked for the Honorable William J. Brennan, Jr., of the United States Supreme Court from 1976 to He was a law professor at the University of California, Berkeley (Boalt Hall) from 1977 to 1999, specializing in Federal Courts and Jurisdiction, and in Civil Procedure. He is the author of articles in these subject areas, including The Discretionary Constitution: Institutional Remedies and Judicial Legitimacy, 91 Yale L.J. 635 (1982); A Historical Interpretation of the Eleventh Amendment, 35 Stan. L. Rev (1983); The General Common Law and Section 34 of the Judiciary Act of 1789, 97 Harv. L. Rev (1984); The Structure of Standing, 98 Yale L.J. 425 (1988); The Eleventh Amendment: Unfinished Business, 75 Notre Dame L.Rev. 843 (2000); International Human Rights in American Courts, 93 Va.L. Rev. 652 (2007); International Human Rights and the Role of the United States, 104 Nw. U. L. Rev. 293 (2010); Congressional Power over the Jurisdiction of Federal Courts: The Meaning of the Word All in Article III, 59 Duke L.J. 930 (2010). He is the co-author, with Professors Geoffrey C. Hazard, Jr., Colin C. Tait, and Stephen McG. Bundy, of Pleading and Procedure: State and Federal (10th ed., Foundation Press, 2009). At the time of his retirement from Boalt Hall, he was Richard W. Jennings Professor of Law. He is a member of the American Law Institute. Judge Fletcher is married to the former Linda Jean Morris. They have three daughters and have lived in Berkeley, California, since HON. GUSTAVO A. GELPI, JR. District Judge, District of Puerto Rico, FBA National President Judge Gelpi has been a FBA member since He was president of the Puerto Rico Chapter in 2000, then served as vice president for the First Circuit for two terms, from He next served on the national Board of Directors from More recently, this past year he served as the FBA's National Treasurer. Throughout the years, Judge Gelpi has been a member of several FBA committees and task forces, and served as chair of the FBA Audit Committee during 2008 and He has also been a frequent article contributor to The Federal Lawyer and has served as lecturer and panelist in numerous FBA events throughout the nation. In his chapter, he was instrumental in establishing FBA student divisions at all three ABA-accredited law schools in Puerto Rico, which at present are among the most active of all chapters. Judge Gelpi became a Fellow of the Foundation of the FBA in He is a graduate of Brandeis University and Suffolk University Law School. He clerked for U.S. District Judge Juan M. Perez-Gimenez and then worked as an assistant federal public defender, as solicitor general of Puerto Rico, and in private practice, before being appointed a U.S. magistrate judge in In 2006, he became a U.S. district judge, following confirmation by the U.S. Senate.

4 RONALD J. HEDGES Ronald J. Hedges, LLP 484 Washington Avenue Hackensack, New Jersey Mr. Hedges is the principal of Ronald J. Hedges LLC. He has extensive experience in e-discovery and in the management of complex litigation and has served as a special master, arbitrator and mediator. He also consults on management and discovery of electronically stored information ( ESI ). Mr. Hedges was a United States Magistrate Judge in the United States District Court for the District of New Jersey from 1986 to While a magistrate judge, he was the Compliance Judge for the Court Mediation Program, a member of the Lawyers Advisory Committee, and both a member of, and reporter for, the Civil Justice Reform Act Advisory Committee. From 2001 to 2005 he was a member of the Advisory Group of Magistrate Judges. Mr. Hedges was an adjunct professor at Seton Hall University School, where he taught mediation skills. He was an adjunct professor at Georgetown University Law Center and remains an adjunct professor at Rutgers School of Law Newark. He taught courses on electronic discovery and evidence at both these schools. He was a Fellow at the Center for Information Technology of Princeton University for and Mr. Hedges is also a member of the College of the State Bar of Texas. Mr. Hedges is admitted to the bars of the District of Columbia, New Jersey, New York and Texas. He is also admitted to the bars of various federal courts. Mr. Hedges many publications include The Sedona Conference Cooperation Proclamation: Resources for the Judiciary (coeditor) (revised and first editions) (The Sedona Conference: 2012 & 2011), Managing Discovery of Electronic Information; A Pocket Guide for Judges (co-author) (second and first editions) (Federal Judicial Center: 2012 & 2007), Discovery of Electronically Stored Information: Surveying the Legal Landscape (author) (BNA: 2007), The Sedona Guidelines: Best Practices Addressing Protective Orders, Confidentiality & Public Access in Civil Cases (The Sedona Conference: 2007) (editing team member), Case Management and E-Discovery: Perfect Together, DDEE (July 1, 2009), Rule 26(f): The Most Important E-Discovery Rule, New Jersey Law Journal (May 18, 2009), and A View from the Bench and the Trenches: A Critical Appraisal of Some Proposed Amendments to the Federal Rules of Civil Procedure, 227 F.R.D. 123 (2005).

5 Among other things, Mr. Hedges is a member of the American Law Institute, the American Bar Association and the Federal Bar Association. He is a member of the Historical Society and the Lawyers Advisory Committee of the United States District Court for the District of New Jersey. Mr. Hedges is a member of The Sedona Conference Advisory Board, The Sedona Conference Working Group on Protective Orders, Confidentiality, and Public Access, and The Sedona Conference Working Group on Best Practices for Electronic Document Retention & Production. He is also a member of the advisory board of the Advanced E- Discovery Institute of Georgetown University Law Center. PROF. PAMELA S. KARLAN Stanford Law School Kenneth and Harle Montgomery Professor of Public Interest Law and Co- Director, Supreme Court Litigation Clinic A productive scholar and award-winning teacher, Pamela S. Karlan is also codirector of the school s Supreme Court Litigation Clinic, where students litigate live cases before the Court. One of the nation s leading experts on voting and the political process, she has served as a commissioner on the California Fair Political Practices Commission and an assistant counsel and cooperating attorney for the NAACP Legal Defense Fund. Professor Karlan is the co-author of leading casebooks on constitutional law, constitutional litigation, and the law of democracy, as well as numerous scholarly articles. She also writes a column on the Supreme Court and legal issues for the Boston Review. Before joining the Stanford Law School faculty in 1998, she was a professor of law at the University of Virginia School of Law and served as a law clerk to Justice Harry A. Blackmun of the U.S. Supreme Court and Judge Abraham D. Sofaer of the U.S. District Court for the Southern District of New York. Karlan is a member of the American Academy of Arts and Sciences, the American Academy of Appellate Lawyers, and the American Law Institute and serves as a member of the Board of Directors for the American Constitution Society. Key Works John C. Jeffries Jr., Pamela S. Karlan, Peter W. Low & George A. Rutherglen, Civil Rights Actions: Enforcing the Constitution, 3rd ed. St. Paul, MN: Foundation Press, Geoffrey R. Stone, Louis Michael Seidman, Cass R. Sunstein, Mark V. Tushnet, and Pamela S. Karlan, Constitutional Law, New York: Wolters Kluwer, 7th ed., Pamela S. Karlan, The Supreme Court, 2011 Term, Foreword: Democracy and Disdain, 126 Harvard Law Review 1 (2012).

6 Samuel Issacharoff, Pamela S. Karlan, and Richard H. Pildes, The Law of Democracy: Legal Structure of the Political Process, 4th edition, New York: Foundation Press, Pamela S. Karlan, The Gay and the Angry: The Supreme Court and the Battles Surrounding Same-Sex Marriage, 2011 Supreme Court Review 159 (2011). Goodwin Liu, Pamela S. Karlan, and Christopher H. Schroeder, Keeping Faith with the Constitution, New York: Oxford, rev'd ed., Pamela S. Karlan, Constitutional Law as Trademark (Barrett Lecture), 43 UC Davis Law Review 385 (2009). Pamela S. Karlan, Electing Judges, Judging Elections and the Lessons of Caperton, 123 Harvard Law Review 80 (2009). HON. GOODWIN LIU Associate Justice, California Supreme Court Justice Liu was confirmed to office by a unanimous vote of the California Commission on Judicial Appointments on August 31, 2011, following his appointment by Governor Edmund G. Brown, Jr. on July 26, The Governor administered the oath of office to Justice Liu in a public ceremony in Sacramento, California on September 1, Before joining the state s highest court, Justice Liu was Professor of Law at the UC Berkeley School of Law (Boalt Hall). His primary areas of expertise are constitutional law, education law and policy, and the U.S. Supreme Court. He has published widely on these subjects in books, law reviews, and the general media. The son of Taiwanese immigrants, Justice Liu grew up in Sacramento, where he attended public schools. He went to Stanford University and earned a bachelor s degree in biology in He attended Oxford University on a Rhodes Scholarship and earned a masters degree in philosophy and physiology. Upon returning to the United States, he went to Washington D.C. to help launch the AmeriCorps national service program and worked for two years as a senior program officer at the Corporation for National Service. Justice Liu graduated from Yale Law School in 1998, becoming the first in his family to earn a law degree. He clerked for Judge David Tatel on the U.S. Court of Appeals for the D.C. Circuit and then worked as Special Assistant to the Deputy Secretary of the U.S. Department of Education, where he developed and coordinated K-12 education policy. He went on to clerk at the U.S. Supreme Court for Justice Ruth Bader Ginsburg during the October 2000 Term. In 2001, he joined the appellate litigation practice of O Melveny & Myers in Washington,

7 D.C., and worked on an array of antitrust, white collar, insurance, product liability, and pro bono matters. Justice Liu is a prolific and influential scholar. He has published articles on constitutional law and education policy in the California Law Review, Michigan Law Review, NYU Law Review, Stanford Law Review, and Yale Law Journal, among others. His 2006 article, Education, Equality, and National Citizenship, won the Steven S. Goldberg Award for Distinguished Scholarship in Education Law, conferred by the Education Law Association. Justice Liu is also a popular and acclaimed teacher. In 2009, he received UC Berkeley s Distinguished Teaching Award, the university s most prestigious honor for individual excellence in teaching. He earned tenure at Boalt Hall in 2008 and was promoted to Associate Dean. The Boalt Hall Class of 2009 selected him as the faculty commencement speaker. Justice Liu serves on the Board of Trustees of Stanford University. He has previously served on the Board of Directors of the Alliance for Excellent Education, the American Constitution Society, the National Women s Law Center, and the Public Welfare Foundation. In 2008, he was elected to the American Law Institute. He has also served as a faculty advisor to the California College Prep Academy, a public charter school co-founded by UC Berkeley and Aspire Public Schools. Justice Liu is married to Ann O Leary, Director of the Children and Families Program at the Center for the Next Generation. They have two children. SUSAN D. PITCHFORD, ESQ Partner, Chernoff Vilhauer LLP Susan joined Chernoff Vilhauer in 2004 and became a partner in She has experience advising clients in matters involving a broad range of technologies, including athletic equipment, products packaging, medical and veterinary devices, internet protocols, and computerized sales systems. Susan has substantial litigation experience and has represented clients in trials in both state and federal courts in Oregon and Washington, and at appeals to the Ninth Circuit and the Federal Circuit. She is a frequent guest lecturer at continuing legal education programs for lawyers and at seminars educating non-lawyers about the law. She served as a law clerk for the Hon. Philip A. Talmadge, Justice, Washington State Supreme Court, in 1995 and for the Hon. Paul Bastine, Judge, Spokane County Superior Court, Susan is an active member of the Oregon Federal Bar Association. From May 2011 to May 2012, she served as OFBA President. Susan currently is a Ninth

8 Circuit Representative and sits on the National FBA Litigation Section Board. She is also a member of the Oregon Patent Law Association, Oregon Women Lawyers, Multnomah Bar Association, Clark County Bar Association, and Oregon Minority Lawyers Association. She is past president of Clark County Young Lawyers, and a past trustee of WSBA Young Lawyers Division. Susan was named a "Super Lawyer" in the area of Patent Law by Oregon Super Lawyers and Rising Stars 2011 magazine. She was previously named a "Rising Star" in 2009 and EDUCATION Gonzaga University, B.S. Biology; B.A. Political Science, 1993 Gonzaga University School of Law, J.D., 1996 HON. SHIRA A. SCHEINDLIN District Judge, Southern District of New York, Judge Scheindlin was nominated by President Bill Clinton on July 28, Before taking her current seat on the Southern District, Judge Scheindlin worked as a prosecutor (Assistant United States Attorney for the Eastern District of New York), commercial lawyer (General Counsel for the New York City Department of Investigation and partner at Herzfeld & Rubin), and Judge (Magistrate Judge in the Eastern District of New York and Special Master in the Agent Orange mass tort litigation). Judge Scheindlin is known for her intellectual acumen, demanding courtroom demeanor, aggressive interpretations of the law, and expertise in mass torts, electronic discovery, and complex litigation. During her tenure, Judge Scheindlin has presided over a number of high profile cases, many of which advanced important new positions in the common law. She also has been a member of the Judicial Conference of the United States Advisory Committee on the Federal Rules of Civil Procedure ( ). She is a member of the American Law Institute, a former Chair of the Commercial and Federal Litigation Section of the NYSBA, a former Board Member of NYCLA, and a member of several committees of the Association of the Bar of the City of New York. She is the author of many articles, including, most recently a pamphlet supplement to Moore s Federal Practice, on the Newly Amended Federal Rules of Civil Procedure. Finally, she is an adjunct Professor of Law at Brooklyn Law School. On the subject of electronic records management, the opinions in Zubulake v.ubs Warburg LLC have come to be recognized as case law landmarks. EDUCATION University of Michigan, B.A., 1967 Columbia University, M.A., 1969 Cornell Law School, J.D., cum laude 1975