





|
|
Wednesday, July 14
|
| 6:00 – 8:00 p.m. |
OPENING RECEPTION & REGISTRATION – Sun Valley Lodge, Sun Room Terrace |
| |
Sponsored by: Farr Kaufman Sullivan Jensen Olds Kaufman & Nichols, Jones Waldo Holbrook & McDonough, Kipp & Christian, Parsons Behle & Latimer, Parsons Kinghorn Harris |
| 7:00 – 9:00 p.m. |
FREE ICE SKATING
Compliments of the Utah State Bar |
|
Thursday , July 15
|
| 7:30 – 8:00 a.m. |
Registration and Continental Breakfast–
Sponsored by: Sun Valley Company |
| 8:00 – 9:00 a.m.Salon B |
OPENING GENERAL SESSION & BUSINESS REPORTS
Welcome & Opening Remarks – Sammi Anderson & Scott Mayeda,
Co-Chairs, Summer Convention
Report on the Utah State Bar – Steve Owens, President, Utah State Bar
Report on the State Judiciary – Chief Justice Christine M. Durham, Utah Supreme Court
Report on the Federal Judiciary – Chief Judge Tena Campbell, U.S. District Court, District of Utah
Report from the Law Schools – Dean Hiram Chodosh, S.J. Quinney College of Law and Dean James Rasband, J. Reuben Clark School of Law
Report on the Utah Bar Foundation – Board of Director, Utah Bar Foundation |
9:00 – 10:00 a.m.
1 CLE HOUR
(ETHICS) |
KEYNOTE ADDRESS – (ETHICS)
Impaired Colleagues: Our Real CostMaterials-
A
|
| |
Mary T. Robinson, Robinson Niro, LLC Colleagues is a principal in Robinson Niro LLC, and provides representation, consultation, and expert witness services in matters involving lawyer ethics and professional responsibility, including lawyer discipline cases. She also serves by appointment of the federal court overseeing the Shakman decree (prohibiting unlawful patronage employment practices) as Compliance Administrator for Cook County, Illinois. Ms. Robinson began her legal career as an appellate criminal defense lawyer for indigent clients, and after eight years in the employ of a state agency, she opened her own practice where she concentrated in appellate, criminal and family law in the collar counties surrounding Chicago. While in that practice, she was appointed as a Commissioner of the Attorney Registration and Disciplinary Commission (ARDC) of the Supreme Court of Illinois, the Board that oversees the Illinois discipline office. In 1992, she was appointed Administrator of the ARDC, and served as the chief prosecutor and executive of that agency for fifteen years. During her tenure, she worked to enhance the sophistication and experience of the full time staff, established programs to help lawyers avoid discipline problems, and strengthened the relationship between the discipline agency and the Illinois Lawyers Assistance Program. Ms. Robinson is a frequent speaker for national, state and local bar association programs. She is a member of the ABA Standing Committee on Ethics and Professional Responsibility and has served on the planning committee for the ABA National Conference on Professional Responsibility for several years, as chair for 2008–2010. She taught Professional Responsibility at Northwestern University Law School and Northern Illinois University School of Law. She received her law degree from the University of Southern California in 1974, and is licensed in Illinois and California. |
10:00 – 10:15 a.m. REFRESHMENT BREAK
Sponsored by: DeBry & Associates, Epperson & Owens, Manning Curtis Bradshaw & Bednar |
Session I
10:15 – 11:15 a.m.
1 CLE hour |
A Litigation
Salon A |
B Transactional
Lupine |
C General I
Camas |
D General II
Salon B |
E General III
Salon C |
The Supreme Court’s Last Word on Joint Ventures and Exclusive Dealing: American Needle v. NFLModerator: Cory A. Talbot – Holme Roberts & Owen
John H. Bogart – Howrey, LLP
Cory D. Sinclair – Parsons Behle & Latimer
Materials-
A |
Privacy in the Workplace: Electronic Surveillance Under State and Federal LawCharles L. Mudd, Jr. – Mudd Law Offices
Materials-
A
B
C
D
E
F
G
H
I
J |
The Investment Advisory Act of 1940: Before and After MadoffBradley W. Merrill – Snell & Wilmer |
Surviving Stress in the Practice of LawMary T. Robinson, Robinson Niro LLC
(Ethics)
Materials-
A
|
Strategic Legal Negotiation SkillsLee Jay Berman – The Mediation Alliance, Inc.
Materials-
A
|
11:15 – 11:30 a.m. REFRESHMENT BREAK
Sponsored by: Callister Nebeker & McCullough, Durham Jones & Pinegar, Richards Brandt Miller & Nelson, Snow Christensen & Martineau
Session II
11:30 – 12:30 p.m.
1 CLE hour |
F Litigation
Salon A |
G Transactional
Lupine |
H General I
Camas |
I General II
Salon B |
J General III
Salon C |
There is Such a Thing as a “Simple Divorce”
Brenda Teig, Pro Bono Coordinator, Utah Legal Services
Eric Mittelstadt, Deputy Director, Utah Legal Services
Amy Kennedy, Dart, Adamson & Donovan
Christina Micken, Bean & MickenMaterials-
A
B
C
D
E
|
Professionalism/Civility for the Transactional Lawyer
Kevin C Timken – Kruse, Landa, Maycock & Ricks(Professionalism/Civility Credit)
Materials-
A
|
New Libraries, Advanced Reports, Cite Checks – Meet the New CasemakerLincoln Mead – IT Director, Utah State Bar |
Insurance Coverage Issues
Alan Bradshaw – Manning Curtis Bradshaw & BednarMaterials-
A
|
Twelve Ways to Make Your Mediator Work Harder for You.Lee Jay Berman – The Mediation Alliance, Inc.
Materials-
A
B
C
|
1:00 – 3:00 p.m.
2 CLE hours |
CLE VIDEO REPLAY (Optional Credit) (Self-Study)
Must Be Present |
| 1:00 p.m. |
BOWLING: Sun Valley Lodge Basement; $20.00 per person |
| 1:30 – 4:30 p.m. |
TRAP SHOOT: Trap Shooting Instruction for Beginners. 12 years and up. Sun Valley will rent you a shotgun, show you how to handle it safely and how to break trap targets. 20 gauge shotguns available for smaller shooters. Shooters must have eye protection. Ear plugs available at gun club. Safe, fun family activity. You can’t do this in Utah!
Shooting Instruction. One round (25 targets). Includes safety and shooting instruction.
Beginners Luck Shooting Tournament: Beginners Only Please. Awards for 1st and 2nd place. Each target broken during the tournament earns one ticket for a prize drawing.
Prices: Trap – 50 Targets: $95 (Sun Valley provides gun & ammunition) $45 (You provide gun & ammunition) |
| 4:00 p.m. |
J. REUBEN CLARK SCHOOL OF LAW RECEPTION: Duck Pond Island |
| 6:00 – 8:00 p.m. |
FAMILY BARBEQUE: This year’s Family Barbeque will be held at the TRAIL CREEK GROUNDS, located next to Trail Creek Cabin, just over the bridge that spans the cabin’s namesake, Trail Creek. Catch a shuttle bus at the “BALDY BUS LOOP” for the 5 minute trip (1.5 miles north of the resort), or enjoy a leisurely stroll/bike ride up the paved trail. Buses will shuttle continuously from 5:45 pm – 8:15 pm. |
| 6:30 p.m. |
SENIOR LAWYERS SECTION ANNUAL MEETING: Sun Room, 2nd Floor, Sun Valley Lodge |
| 8:30 p.m. |
MOVIE: Opera House |
|
Friday, July 16
|
8:00 – 8:30 a.m.
|
REGISTRATION & CONTINENTAL BREAKFAST
Sponsored by: Babcock Scott & Babcock, Ballard Spahr Andrews and Ingersoll, Fabian & Clendenin |
8:30 – 9:30 a.m.
1 CLE hourSalon B |
GENERAL SESSION
“Freedom from Religion”
Professor Amos N. Guiora
All Audiences welcome |
Materials-
A
B |
Professor Amos N. Guiora, SJ Quinney College of Law, The University of Utah teaches Criminal Law, Criminal Procedure, International Law, Global Perspectives on Counter-Terrorism, and Religion and Terrorism. In addition, Guiora incorporates innovative scenario-based instruction to address national and international security issues and dilemmas. Professor Guiora is a Research Fellow at the International Institute on Counter-Terrorism, The Interdisciplinary Center, Herzeliya, Israel, a Corresponding Member, The Netherlands School of Human Rights Research, University of Utrecht School of Law and has been awarded a Senior Specialist Fulbright Fellowship for The Netherlands in 2008. Prof Guiora has published extensively both in the US and Europe on issues related to national security, limits of interrogation, religion and terrorism, and the limits of power. Prof Guiora is the author of “Global Perspectives on Counterterrorism”, “Fundamentals of Counterterrorism”, “Constitutional Limits on Coercive Interrogation” and “Freedom from Religion: National Security and Rights”. Professor Guiora served for 19 years in the Israel Defense Forces Judge Advocate General’s Corps (Lt. Col. Ret.). He held a number of senior command positions, including Commander of the IDF School of Military Law, Judge Advocate for the Navy and Home Front Command, and the Legal Advisor to the Gaza Strip. |
| 9:30 – 10:00 a.m. |
AWARDS & SWEARING IN OF NEW BAR COMMISSIONERS |
| |
Presentation of Annual Awards –
Stephen W. Owens, President, Utah State Bar |
| |
|
Judge of the Year
Distinguished Lawyer of the Year
Distinguished Section & Committee of the Year |
| |
Swearing in of New Bar Commission
Chief Justice Christine M. Durham, Utah Supreme Court
|
10:00 – 10:15 a.m. REFRESHMENT BREAK
Sponsored by: Clyde Snow & Sessions, Parr Brown Gee & Loveless,
Ray Quinney & Nebeker, Thorpe North & Western
Session I
10:15 – 11:15 a.m.
1 CLE hour |
K Litigation
Salon B |
L Transactional
Camas |
M General I
Salon A |
N General II
Salon C |
O General III
Lupine |
Starting Smart and Finishing Strong – Opening Statements and Closing Arguments (Part 1)Hon. Dee V. Benson – U.S. District Court
Hon. Kate A. Toomey – Third District Court
George W. Burbidge– Christensen & Jensen
Moderator. Jonathan O. Hafen
David J Jordan, Stoel Rives, LLP
Peter W. Billings, Fabian & Clendenin Hon. Clark Waddoups US Federal District Court, Milo Steve Marsden, Dorsey & Whitney
Materials-
A |
Federal Income Tax Issues in the Purchase or Sale of Closely Held Businesses
Charles R. Brown – Clyde Snow & SessionsMaterials-
A
|
What’s New with JPEC: Courtroom Observation, Attorney Surveys, and More
Joanne Slotnik – Director, JPEC
Commission
V. Lowry Snow – Chair, JPEC
Karen Wikstrom, President, Wikstrom Economic and Planning Consultants Jennifer Yim, JPEC commissionerMaterials-
A
B
|
Comments on Terrorism and Freedom from ReligionJohn H. Bogart – Howrey LLP
Adj. Professor Hugh Cawthorne – Alder & Robb. S.J. Quinney College of Law
Professor Amos N. Guiora – S.J. Quinney College of Law
Frederick M. Gedicks – J. Reuben Clark School of Law |
Class Action Employment LitigationJocelyn Larkin,, Impact Fund, Inc. Ca. |
11:15 – 11:30 a.m. REFRESHMENT BREAK
Sponsored by: Christensen & Jensen, Kirton & McConkie, Nielsen & Senior, Snow Jensen & Reece
Session II
11:30 – 12:30 p.m.
1 CLE hour |
P Litigation
Salon B |
QTransactional
Camas |
R General I
Salon A |
S General II
Salon C |
T General III
Lupine |
Starting Smart and Finishing Strong – Opening Statements and Closing Arguments (Part 2)Hon. Dee V. Benson – U.S. District Court
Hon. Kate A. Toomey – Third District Court
George W. Burbidge– Christensen & Jensen
Moderator. Jonathan O. Hafen
David J Jordan, Stoel Rives, LLP
Peter W. Billings, Fabian & Clendenin Hon. Clark Waddoups US Federal District Court, Milo Steve Marsden, Dorsey & Whitney |
The Diminishing Impact of
“Deepening Insolvency” as a Legitimate Cause of Action
CANCELLED |
Conflicts of Interests &
DisqualificationsWesley D. Felix – Howrey, LLP
Cody Zumwalt – Howard Phillips & Anderson, P.C.
Daniel J. Wadley – Holland & Hart
Materials-
A
B
C
D
E
F
G |
Green and Sustainable Design and ConstructionStanford P. Fitts – Strong & Hanni
Materials-
A |
Implementing EPA’s Priorities in UtahAmanda Smith – Director, Department of Environment Quality |
1:00 – 3:00 p.m.
2 CLE hours |
CLE VIDEO REPLAY (Optional credit) (Self-Study)
MUST BE PRESENT |
1:30 p.m.
|
22nd ANNUAL PRESIDENT’S CUP GOLF TOURNAMENT: Sun Valley Resort Golf Course; $165 per player. Four-person scramble for men, women and couples (shotgun). S.J. Quinney College of Law Reception to follow at 5:00 pm. |
| 1:30 p.m. |
TENNIS TOURNAMENT: Sun Valley Tennis Courts; $40 per player. Doubles mixer played in round-robin format. Attorneys, friends and family members are invited to participate. |
| 1:30 – 4:30 p.m. |
TRAP SHOOT: Trap Shooting Tournament: Trap – 50 Targets: $95 (Sun Valley provides gun & ammunition) $45 (You provide gun & ammunition)
Sporting Clays Tournament: Sporting Clays – 100 Targets: $130 (Sun Valley provides gun & ammunition) $75 (You provide gun & ammunition) |
| 3:00 p.m. |
FLY FISHING COURSE/CASTING COMPETITION: Designed like a miniature golf course, participants will compete for the highest score by completing each of the casting course stations. The top three scores on the course will receive prizes. Ketchum on the Fly (formerly “Bill Mason Outfitters”) in the Sun Valley Village. For ages 16 and up. $15 entry fee includes equipment. |
| 5:00 p.m. |
S.J. QUINNEY COLLEGE OF LAW RECEPTION: Sun Valley Resort Golf Course – Sun Valley Club House, North outside patio |
6:30 – 9:30 p.m.*
2 CLE hours |
FRIDAY EVENING SOCIAL – Sun Valley Inn Terrace: Compliments of the Utah State Bar
6:30–7:30 – Ice Cream Social • 7:30 – Salt Lake County Bar Film Presentation – “I Confess”
15 minute introduction; 95 minute run-time; 30 minute panel discussion. Philip R. Fishler – Strong & Hanni, Leslie A. Lewis program coordinator and panelist– Hon. Royal I Hansen, Third District Court, Father Mike Shimbato, J.D.
This Alfred Hitchcock 1953 film deals with issues of priest penitent privilege and spousal privilege. For more information on the movie click here https://www.imdb.com/title/tt0045897/ * End time dependant on length of movie and panel discussion. |
|
Saturday, July 17
|
| 7:00 a.m. |
FUN RUN: Sun Valley Golf Course Pro Shop, $25.00. 3 Mile Course. Open to all ages. Prizes awarded in many categories. Entry fee includes beverages and prizes. |
| 8:30 – 9:00 a.m. |
REGISTRATION & CONTINENTAL BREAKFAST
|
| |
Sponsored by: |
- Stoel Rives
- Williams & Hunt
- TraskBritt
|
| 8:30 – 9:30 a.m. Salon B |
GENERAL SESSION KEYNOTE ADDRESS The Honorable Clarence Thomas, Associate Justice, United States Supreme Court
All audiences welcome |
 |
The Honorable Clarence Thomas, Associate Justice, United States Supreme Court,was born in the Pinpoint community near Savannah, Georgia on June 23, 1948. He attended Conception Seminary from 1967-1968 and received an A.B., cum laude, from Holy Cross College in 1971 and a J.D. from Yale Law School in 1974. He was admitted to law practice in Missouri in 1974, and served as an Assistant Attorney General of Missouri, 1974-1977; an attorney with the Monsanto Company, 1977-1979; and Legislative Assistant to Senator John Danforth, 1979-1981. From 1981-1982 he served as Assistant Secretary for Civil Rights, U.S. Department of Education, and as Chairman of the U.S. Equal Employment Opportunity Commission, 1982-1990. From 1990-1991, he served as a Judge on the United States Court of Appeals for the Di, Utah State Bar strict of Columbia Circuit. President Bush nominated him as an Associate Justice of the Supreme Court and he took his seat October 23, 1991. He married Virginia Lamp on May 30, 1987 and has one child, Jamal Adeen by a previous marriage. Together, they are raising his great-nephew, Mark Elliott Martin, Jr., who was born in 1991. |
9:30 – 9:45 a.m. REFRESHMENT
|
July 23rd, 2010 @ 9:42 am
Justices often make decisions on emergency stays when they are not in chambers. Do you think that they drive to the Court whenever they are awoken by a clerk about an emergency stay in a death penalty case?
July 23rd, 2010 @ 11:16 am
of course not, but you don’t expect somebody staying at the courthouse, deleting cases from the docket on Inauguration day either. You also don’t expect somebody lying about it. You expect justices to be alarmed by it and announcing investigation, you expect a justice to sign an order and forward it to the clerk
July 24th, 2010 @ 7:48 am
FOLLOW THE MONEY. Someone paid off somebody with some big big bucks for that to be done on the day Obama took office. Rememeber, how Obama and the Judge screwed up the “Oath of Office”. That was a sign, that something was wrong and someone at that time should of stood up and said no. Long live the United States of America.
July 24th, 2010 @ 8:24 am
Dr Tait,
If you paid the fine wouldn’t that give you standing since you would have been personally harmed by the Usurper? See what they did in the 3rd circuit. They dismissed the assessment for frivilous case when Mario indicated he would seek discovery if they assessed attorney’s fees.
July 24th, 2010 @ 8:42 am
I asked for discovery, and the damage is imminent, so I do have standing.
the difference between me and Apuzzo is in that I represent a bigger threat for 2 reasons:
1. I bring forward his social security fraud,a serious criminal matter
2. While Apuzzo represents 3-4 retired members of the military,I represent 200, many of whom are active, deploying to Afghanistan and Iraq, I brought cases in Columbus GA, near Fort Benning main deployment base- this is a serious threat, so they had to go harder against me.
I believe the key to ending this usurpation, is more active military rising and demanding to see Obamas papers. US military can harass one or two officers and their lawyer, but not 10 or a 100. they will have to address this issue and they will have to do it soon
July 24th, 2010 @ 10:41 am
Lucius B. Pooser,
No.
Standing requires not only an alleged wrong and being individually harmed, but also a close causal link between the two. Sanctions are not directly caused by the alleged ineligibility, as it was Taitz’s conduct that was the basis for the sanctions.
If sanctions alone could lead to standing, then just about anyone who lacks standing and files a claim would be gain standing by virtue of the fact that they were motivated by the alleged legal wrong and then lost money (in the form of legal costs) as a result.
Standing is only one hurdle you have to overcome to get discovery. Another is justiciability of the claim. The political question doctrine arguably reserves disputes such as this one to Congress. Specifically, the power of Congress to impeach a President and certify the electoral college vote leave the matter to them.
Additionally, the principles of collateral estoppel or res judicata would almost certainly prevent the question of the appropriateness of Taitz’s loss of $20,000 to be re-litigated in a new case.
July 24th, 2010 @ 12:57 pm
1. I was sanctioned specifically because I was questioning eligibility, nothing else
2. eligibility is not a political question doctrine, but an issue of fact to be decided by the trier of the fact, it is an issue of fraud committed
3. the issue was never litigated, so collateral estoppel and res judicata do not apply
good try though 🙂
July 27th, 2010 @ 5:16 pm
Terrific work! This is the type of information that should be shared around the web. Shame on the search engines for not positioning this post higher!