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Wines of the Northern District

Northern District of California 2014 Judicial Conference


Conference Agenda

Friday, April 11, 2014
  • 4:00 p.m. – 6:00 p.m.
    Registration, Silverado East Foyer
  • 6:00 p.m. – 7:30 p.m.
    Welcome Reception, Silverado Ballroom
Saturday, April 12, 2014
  • 7:00 a.m. – 8:30 a.m.
    Registration, Silverado East Foyer
  • 7:00 a.m. – 8:00 a.m.
    Breakfast, Fairway Deck
  • 8:00 a.m. – 8:30 a.m.
    Welcome Remarks, Silverado East Foyer
    Introduction of Dignitaries and Lawyer Representatives — State of the District Address

    Speaker: The Honorable Claudia Wilken, Chief U.S. District Judge (N.D. Cal.)
  • 8:30 a.m. – 9:45 a.m.
    NSA Surveillance Issues, Silverado Ballroom
    This panel will explore the legal landscape in the wake of the Snowden revelations. Panelists will discuss the range of emerging legal issues presented by the disclosures, including whether the collection of non-content information about telephone calls triggers Fourth Amendment protections, whether the “third party” doctrine (that an individual does not have a reasonable privacy expectation in information voluntarily disclosed to a third party) applies to metadata collected by a telecommunications provider, and whether privacy expectations are infringed by the collection of metadata or only by the search of such data that has been stored in a database.
    The Honorable Edward Davila, U.S. District Judge (N.D. Cal.)
    Alexander Abdo, Staff Attorney, American Civil Liberties Union, National Security Program
    Cindy Cohn, Legal Director, Electronic Frontier Foundation
    Todd Hinnen, Partner, Perkins Coie, former Acting Assistant Attorney General for National Security
    Richard Salgado, Director for Law Enforcement and Information Security, Google Inc.
  • 9:45 a.m. – 10:00 a.m.
    Break, Fairway Deck
  • 10:00 a.m. – 11:00 a.m.
    Gender Issues in Federal Practice: Understanding Gender Bias and Its Impact on the Legal System, Silverado Ballroom
    Understanding Gender Bias and Its Impact on the Legal System:  This panel will explore the latest social science research regarding implicit gender bias, including the basic patterns of gender bias and how those patterns are manifested in the workplace and in the courtroom, both for litigants and for lawyers, through micro-indignities and other means.  The panelists will discuss how implicit gender bias may drive decisions behind what roles women lawyers play and presents challenges to the success of women lawyers.  Panelists will also explore the impact of implicit gender bias on the outcome of discrimination litigation.
    The Honorable William H. Orrick, U.S. District Judge (N.D. Cal.)
    Deborah Rhode, Professor, Stanford Law School
    Joan Williams, Professor, University of California, Hastings College of the Law
  • 11:00 a.m. – 12:00 p.m.
    Oxford Debates
    , Silverado Ballroom
  • Topic A: Be It Resolved -This District should require all civil cases to proceed to trial within one year of being filed or removed to this District.
    Civil cases are lingering far too long on our dockets.  As those dockets become more congested and judicial resources are stretched even further, the time it takes to resolve even the most straightforward cases is disrupting litigants' access to justice.  Rocket dockets would benefit plaintiffs and defendants alike by ensuring their disputes are resolved more quickly and handled more efficiently by their attorneys.  But could the inflexible adherence to rigid scheduling rules impact our ability to get at the truth and, ultimately, implicate due process concerns?  And does the District have the capacity to implement a true "Rocket Docket"?
    The Honorable James Donato, U.S. District Judge (N.D. Cal.)
    Ashok Ramani, Partner, Keker & Van Nest LLP
    Heidi Keefe, Partner, Cooley LLP
  • Topic B: Resolved: Federal judges may participate in settlement conferences consistent with the Federal Rules of Criminal Procedure.
    Counsel in criminal cases have found settlement conferences with United States Magistrate Judges helpful in settling criminal cases without the need for trial.  The United States Supreme Court recently decided, in United States v. Davila, that federal judges or magistrates participating in criminal settlement conferences may violate Rule 11 of the Federal Rules of Criminal Procedure.  Rule 11 was instituted to avoid pressure on criminal defendants to enter into guilty pleas.  Prior to Davila, the United States Attorney for the Northern District of California allowed Assistant US Attorneys to participate in magistrate and judge settlement conferences.  Following Davila, no such conferences are allowed.  The result is that cases that could have settled with a plea agreement may now be tried.
    The Honorable Donna M. Ryu, United States District Judge (N.D. Cal.)
    Krystal Bowen, Partner, Sheppard, Mullin, Richter & Hampton LLP
    Davina Pujari, Partner, Barg Coffin Lewis & Trapp LLP
  • The Missing Topic: A Brief Message About the Loss of Your Executive Benefits.
    Thomas F. Koegel, Partner, Crowell & Moring LLP
  • 12:00 p.m. – 1:15 p.m.
    Lunch, Fairway Deck
  • 1:15 p.m. – 2:15 p.m.
    The Secret Sentence: Collateral Consequences of Criminal Convictions
    Silverado Ballroom
    Persons convicted of crimes are subject to a wide range of sanctions in addition to the sentence imposed by the court. These include the loss of a job or professional license, eviction from public housing, debarment from government contracts, forfeiture of pension benefits, enrollment on public registries, and ineligibility for welfare benefits. In addition, conviction may result in loss of citizenship rights, loss of parental rights, and restrictions on place of residence. Many of these sanctions are automatic, even for minor crimes, and can be easily discovered by prospective employers and others through routine background checks. These consequences present formidable obstacles for convicted persons many years after they have finished serving their time.

    This panel will explore the practical effects of these collateral consequences and the ways in which the court system, aided by criminal and civil practitioners, can anticipate and address them. The panelists will discuss recent legislative proposals, legal challenges, and practical solutions for assisting convicted persons to reintegrate successfully (e.g., “ban the box” legislation and “clean slate” programs). The panel will also consider the responsibility of the courts and defense counsel to advise criminal defendants of the potential consequences of conviction.
    The Honorable Susan Illston, Senior District Judge (N.D. Cal.)
    Professor Cecelia Klingele, Professor, University of Wisconsin Law School
    Dorsey Nunn, Executive Director, Legal Services for Prisoners With Children
    Amy Rizor, Supervisory United States Probation Officer
    Jodi Linker, Assistant Federal Public Defender
  • 2:15 p.m. – 3:15 p.m.
    Spit and Growl: Constructive Criticism for Bench and Bar
    The overarching purpose of the District Conference is to “improve the administration of justice within the District.” Toward that end, we will discuss the anonymous responses to our request for topics here. Come Spit & Growl with your best ideas and comments for the bench.
  • Criminal Session, Silverado Ballroom
    The Honorable Richard Seeborg, U.S. District Judge, (N.D. Cal.)
    Discussion Leader:
    Thomas Nolan, Partner, Nolan, Armstrong, Barton, LLP
  • Civil/Bankruptcy Session, Vitner’s Court
    The Honorable Yvonne Gonzalez Rogers, U.S. District Judge, (N.D. Cal.)
    Discussion Leader:
    Naomi Rustomjee, Partner, Coblentz, Patch Duffy & Bass LLP
  • 3:15 p.m. – 3:30 p.m.
    Break, Fairway Deck
  • 3:30 p.m. – 4:30 p.m.
    Breakout Sessions
  • Civil Breakout, Napa Hall
    The Enforceability of Pre-Dispute Arbitration Clauses: Are There Any Limits Left?
    This session will address the most pressing questions facing courts and litigants in the post-Concepcion and Italian Colors world, including: What remains of the "effective vindication" rule? Which rules of state law are - and are not - preempted by the Federal Arbitration Act? What kinds of terms in arbitration clauses remain subject to legal challenges? And what are the key cases to watch in California and the Ninth Circuit?
    The Honorable Edward M. Chen, U.S. District Judge (N.D. Cal.)
    Leslie Bailey, Staff Attorney, Public Justice
    Timothy Long, Partner, Orrick, Herrington & Sutcliffe LLP
  • Criminal Breakout,Silverado Ballroom
    The Imperative for Sentencing Reform from a Policy & Practical Perspective
    "I think there are too many people in jail for too long, and for not necessarily good reasons."
    - Attorney General Eric Holder NPR MORNING EDITION, May 15, 2013

    This session will address the dichotomy of the goals of the Sentencing Reform Act and Mandatory Minimums, Drug Policy, the Sentencing Guidelines (including child pornography and fraud offenses), non-violent offenders and enforcement priorities.
    In an era of budgetary realities and concerns over unwarranted disparities what are the underlying policies being reconsidered as well as the practical realities and hurdles each side faces with respect to proposed reforms.
    The Honorable Charles R. Breyer, Senior District Judge (N.D. Cal.)
    Melinda Haag, United States Attorney, N.D. Cal.
    Steven Kalar, Federal Public Defender, N.D. Cal.
    Jonathan Wroblewski, Director, Office of Policy & Legislation, U.S. Dept. of Justice
  • Bankruptcy Breakout,Vintner's Court
    Cities in Distress:  Is Chapter 9 the Best Vehicle for Saving Cities and Providing Needed Governmental Services?
    Some say the municipal bankruptcy filings by Detroit, San Bernardino, Jefferson County, Stockton, and other governmental units were aberrations.  Other say it is a sign of things to come.  Should today’s citizens and local businesses suffer a decline in infrastructure and essential services in order to pay unaffordable and unsustainable debts of the past, including the legacy costs of capital projects as well as underfunded pensions and other post-employment benefits?  Will necessary funding for essential services and needed infrastructure be assured in municipal bankruptcies?  Are there better ways to address these issues?  If we don’t address this now, what will be the result?  Are judges and lawyers necessary to save our cities and protect our neighbors, or are there better heroes?
    The Honorable Hannah L. Blumenstiel, U.S. Bankruptcy Judge (N.D. Cal.)
    Michelle Wilde Anderson, Assistant Professor of Law, UC Berkeley School of Law
    Bill Brandt, Chair of the Illinois Finance Authority
    James E. Spiotto, Managing Director, Chapman Strategic Advisors LLC
  • 4:30 p.m. – 6:00 p.m.
    Afternoon break
  • 6:00 p.m. – 7:30 p.m.
    Wines of the Northern District Reception, Arbor and West Deck
  • 7:30 p.m. – 9:30 p.m.
    Dinner, Silverado Ballroom
  • 9:30 p.m. – 11:00 p.m.
    Dessert and Entertainment, Vintner's Court/Silver Oak
Sunday, April 13, 2014
  • 7:00 a.m. – 8:30 a.m.
    Registration, Silverado East Foyer
  • 7:30 a.m. – 8:30 a.m.,
    Breakfast, Fairway Deck
  • 8:30 a.m. – 9:30 a.m., Silverado Ballroom
    Roundtable Discussion: IP Litigation in the Northern District of California — The General Counsel’s View to the Bench
    Today, there is more intellectual property litigation than ever and companies located in the Northern District are at the heart of it. A panel of four senior in-house lawyers at leading technology companies will discuss key issues currently shaping IP litigation: venue selection, damage calculation, and the role of non-practicing entities.
    The Honorable Paul S. Grewal, U.S. Magistrate Judge (N.D. Cal.)
    Barney Cassidy, General Counsel, Juno Therapeutics
    Scott Burt, SVP and Chief Intellectual Property Officer, Conversant
    Catherine Lacavera, Director of IP and Litigation, Google
    Cynthia Bright, V.P. and AGC, IP Litigation & Public Policy, Hewlett-Packard
  • 9:30 a.m. – 10:45 a.m.
    The Future of Federal Class Actions: Can the Promise of Rule 23 Still Be Achieved?, Silverado Ballroom
    For decades after the modern class action rule was adopted in 1966, class action litigation – while occasionally controversial – proceeded under Rule 23 without substantial changes. But, in the last 15 years, all that has changed. Many assumptions, long thought settled, are being questioned and the Supreme Court seems poised to continue its intense scrutiny of class actions.
    The Honorable Jon S. Tigar, U.S. District Judge (N.D. Cal.)
    Brian Fitzpatrick, Professor, Vanderbilt University Law School
    Deborah Hensler, Professor, Stanford Law School
  • 10:45 a.m. – 11:00 a.m.
    Break, Fairway Deck
  • 11:00 a.m. – 12:00 p.m.
    Supreme Court Review, Silverado Ballroom
    Join Professors Vik Amar (UC Davis School of Law) and Pam Karlan (Stanford Law School) for an entertaining and enlightening look at “hot” cases on the United States Supreme Court docket.
    The Honorable Beth Labson Freeman, U.S. District Judge (N.D. Cal.)
    The Honorable Vince Chhabria, U.S. District Judge (N.D. Cal.)
    Pamela Karlan, Professor, Stanford Law School
    Vikram Amar, Professor, UC Davis School of Law
  • 12:00 p.m – Adjournment



Silverado Resort
Napa, California
April 11 – 13, 2014