2013 Summer Convention
WEDNESDAY JULY 16
6:00 - 8:00pm OPENING RECEPTION & REGISTRATION – Garden Terrace, The Westin Conference Center
Sponsored by: Kaufman, Nichols, Olds & Kaufman Jones, Waldo, Holbrook & McDonough Parsons Behle & Latimer
THURSDAY JULY 17
7:30 - 8:30am REGISTRATION & CONTINENTAL BREAKFAST
Sponsored by: Snow Christensen & Martineau TraskBritt Workman/Nydegger
8:30 - 9:00am

OPENING GENERAL SESSION & BUSINESS REPORTS
Welcome & Opening Remarks: Troy L. Booher – Zimmerman Jones Booher
REPORTS:

Curtis M Jensen, President, Utah State Bar
Chief Justice Matthew B. Durrant, Utah Supreme Court
Chief Judge Ted Stewart, U.S. District Court, District of Utah
James R. Rasband, Dean, BYU Law School

9:00 - 10:00am

KEYNOTE ADDRESS – Laughing Your Way through Life
David Dugan, Comedian

DAVID DUGAN performs his original, one-of-a-kind, clean comedy at conferences, theaters and clubs all over the country. Dave’s first national exposure was on the then ratings-leading Arsenio Hall Show. He is a regular at the world famous Comedy Store in Hollywood and has appeared numerous times on HBO, Comedy Central, and VH-1. He is also a long-time
contributor to the popular, nationwide radio show, the Bob and Tom Show.

10:00-10:15am REFRESHMENT BREAK
Sponsored by: BYU Law School Manning Curtis Bradshaw & Bednar Strong & Hanni
10:15-11:15am
A -
Litigation
B -
Transactional
C -
General I
D -
Hot Topics
E -
Technology
Marshaling the Evidence on Appeal

Justice Thomas R. Lee – Utah Supreme
Court

MATERIALS1
MATERIALS2
MATERIALS3
The Impact of the New LLC Act on
Closely-Held Member Litigation

Mark A. Larsen – Larsen, Christensen
& Rico
Brent R. Armstrong – Armstrong Law
Offices

MATERIALS
The Practicalities of the Utah
Attorney Work-Product Doctrine

William H. Christensen – Larsen,
Christensen and Rico

Stacy J. McNeill - Benne H. Tueller Johnson & Deere


ETHICS

MATERIALS
Immantentizing the Eschaton (On
proposed Rules of Professional
Conduct 1.19, 407, and Planning the
end from the Beginning)

Ben L. Hathaway – Kirton | McConkie

ETHICS

MATERIALS
Competency Required:
Courtroom Presentation Technology

Hon. David M. Connors – 2nd District Court

Hon Mark S. Kouris – 3rd District Court

Hon. Noel S. Hyde – 2nd District Court

Hon. Paul D. Lyman – 6th District Court

Moderator: Debra J. Moore – District
Court Administrator

MATERIALS1
MATERIALS2
11:15 - 11:30am REFRESHMENT BREAK
Sponsored by: Callister Nebeker & McCullough Durham, Jones & Pinegar Richards Brandt Miller & Nelson Snow Christensen & Martineau
11:30 - 12:30
F -
Litigation
G -
Transactional
H -
General I
I -
Hot Topics
J -
Technology
What Goes on Behind Closed
Doors in Mediation

Edward B. Havas – Dewsnup King & Olsen

Karin S. Hobbs – Hobbs Mediation

Stephen D. Kelson - Christensen & Jensen

Heather L. Thuet – Christensen & Jensen

ETHICS

MATERIALS
Contracting and Litigation Issues
that Arise from Termination for
Convenience Provisions in Standard
Construction Contracts

Jeffrey D. Stevens – Parr Brown Gee &
Loveless

MATERIALS
Corporate Compliance Programs

Allen K. Davis – Davis Legal

MATERIALS1
MATERIALS2
Guantanamo and the Rule of Law:
The Strange Mix of Military
Commissions, Lawyers, and Terrorists

David R. Irvine – David R. Irvine, P.C.
Paul T. Moxley – Durham Jones & Pinegar

Magistrate Judge Paul Warner – U.S.
District Court, District of Utah

MATERIALS1
MATERIALS2
MATERIALS3
MATERIALS4
MATERIALS5
MATERIALS6
Defending / Prosecuting Crimes Using Social Media, Surveillance &
Background Investigation

Joel J. Kitrell – Richards Brandt Miller &
Nelson

NO MATERIALS
12:45-1:45pm

LUNCH PRESENTATION – “Same-Sex Marriage Litigation after United States v. Windsor” MATERIALS

Presenters: Clifford J. Rosky – Professor of Law at S.J. Quinney College of Law and Chair of Equality Utah Board of Directors
William C. Duncan – Adjunct Professor at BYU and Director of the Marriage Law Foundation

PROFESSOR CLIFFORD J. ROSKY is a Professor of Law at the University of
Utah’s S.J. Quinney College of Law. Before joining the faculty, he served as a judicial clerk on the United States Court of Appeals for the Second Circuit, an attorney for the law firms of Covington & Burling and Akin Gump Strauss Hauer & Feld, and a research fellow for the Williams Institute on Sexual Orientation Law & Public Policy at the UCLA School of Law.

WILLIAM C. DUNCAN is the director of the Marriage Law Foundation, a
legal organization whose mission is providing legal resources in defense of
marriage as the union of a husband and wife. He previously served as
acting director of the Marriage Law Project at the Catholic University of
America’s Columbus School of Law and a visiting professor at Brigham
Young University’s J. Reuben Clark Law School.

2:00-4:00pm CLE VIDEO REPLAY – (Optional Self-Study Credit)
Must be present
4:00-5:30pm

BYU LAW SCHOOL RECEPTION – The Overlook, The Westin

 

U of U Law School Reception - The Double Black Noodle Bar, The Westin

6:00-8:00pm GROWNUP SOCIAL – Alpine Springs/Deck, The Westin
For those not attending the Family Carnival. A place to meet friends, have something to eat and drink and then go out for the evening.
6:00-8:00pm FAMILY PICNIC – At the Elk Lodge! Take the Skittles gondola down to BASE CAMP and then ride the Elk Camp Gondola up to the top of the mountain!
FRIDAY JULY 18
7:30-8:30am REGISTRATION & CONTINENTAL BREAKFAST
Sponsored by: Babcock, Scott & Babcock Ballard Spahr, LLP Van Cott Bagley Cornwall & McCarthy
8:30-9:30am

GENERAL SESSION KEYNOTE ADDRESS –
“Law and Neuroscience: Surveying the Territory"
Prof. Hank Greely – Stanford Law MATERIALS1 / MATERIALS2

PROFESSOR HANK GREELY is the Deane F. and Kate Edelman Johnson
Professor of Law and Professor, by courtesy, of Genetics at Stanford University. He specializes in ethical, legal, and social issues arising from advances in the biosciences. He directs the Stanford Center for Law and the Biosciences, chairs the California Advisory Committee on Human Stem Cell Research, and serves on the Neuroscience Forum of the Institute of Medicine and the Advisory Council for the National Institute for General Medical Sciences of NIH.

9:30-10:00am AWARDS & SWEARING IN OF BAR PRESIDENT & BAR COMMISSIONERS
Presentation of Annual Awards: Curtis M Jensen – President, Utah State Bar
Distinguished Lawyer & Judge of the Year | Distinguished Section & Committee of the Year
Swearing in: Justice Thomas R. Lee, Utah Supreme Court
10:00-10:15am REFRESHMENT BREAK
Sponsored by: Clyde Snow & Sessions Parr Brown Gee & Loveless Ray Quinney & Nebeker
10:15-11:15am
K -
Litigation
L -
Transactional
M -
General I
N -
Hot Topics
O -
Technology
Law and Neuroscience:
Surveying the Territory, Cont.

Prof. Hank Greely – Stanford Law

NO MATERIALS
Trade Secrets and Trade Dress:
A Practical Guide to Protecting
Your Clients’ Intellectual Property

Jonathan W. Richards – Workman Nydegger
C. Christian Thompson –Thompson
Ostler & Olsen

MATERIALS1
MATERIALS2
State and Local Initiative and
Referendum Law

Lisa Watts Baskin – Lisa Watts Baskin, LLC

MATERIALS
Trying Family Law Cases Around Utah:
Tips from a Panel of District Court Judges

Hon. David N. Mortensen – 4th District Court

Hon. Kate A. Toomey – 3rd District Court

Hon. David M. Connors – 2nd District Court

Moderator: James B. Hanks – Hanks &
Mortensen

NO MATERIALS
Advanced Online Legal Research

Jim Corbett – Casemaker

MATERIALS
11:15-11:30am REFRESHMENT BREAK
Sponsored by: Christensen & Jensen Kirton | McConkie Snow Jensen & Reece
11:30am-12:30pm
P -
Litigation
Q -
Transactional
R -
General I
S -
Hot Topics
T -
Technology

Jury Behavior

Hon. Glen R. Dawson –
2nd District Court

Hon. Kate A. Toomey –
3rd District Court

Hon. David N. Mortensen –
4th District Court

Hon. Clark A. McClellan –
8th District Court

Hon. Michelle M. Christiansen - Utah Court of Appeals

Moderator: Heather L. Thuet –
Christensen & Jensen

MATERIALS

Payment for and Extinguishment of
Easements: Special Issues

Russell A. Cline – Crippen & Cline

MATERIALS
What the American Taxpayer Relief
Act of 2012 Means to Utah Estate
Planners

Hugh Cawthorne – Attorney

Particular Reference to Charitable
Giving and How to Handle
Complex Assets

Mark Ricketson – Fidelity

MATERIALS
How to Build a Firm Culture that
Handles Conflict Constructively

Michael D. Zimmerman – Zimmerman
Jones Booher
Diane Hamilton – Mediator

MATERIALS
Inviting Scrutiny: How Digital Age
Innovations are Eroding the
Attorney – Client Privilege

Magistrate Judge Evelyn J. Furse – U.S.
District Court for Utah

Shawn Cheadle – General Counsel,
Lockheed Martin, Military Space Unit

Philip Favro – Senior Discovery Counsel,
Recommind, Inc.

ETHICS

MATERIALS1
MATERIALS2
12:45-1:45pm LUNCH PRESENTATION 100th Anniversary of the Joe Hill Trial
Presenter: Kenneth D. Lougee MATERIALS

KENNETH D. LOUGEE was educated at Brigham Young University and attended the
University of Oregon School of Law. He later attended the University of Utah graduate history program and received his Masters of Arts. Mr. Lougee published “Pie in the Sky: How Joe Hill’s Lawyers Lost His Case, Got Him Shot and Were Disbarred.” Mr. Lougee has presented Continuing Legal Education on the Joe Hill matter for the Labor section of the Utah Bar.
2:00pm 26TH ANNUAL PRESIDENT’S CUP GOLF TOURNAMENT
Aspen Golf Club – $115/person.
5:30–6:30 pm ICE CREAM SOCIAL – Garden Terrace, The Westin Conference Center
6:00–7:30 pm JUDGES’ RECEPTION – Suite 409, The Westin
6:30 pm FAMILY MOVIE – Despicable Me 2, The Westin Conference Center
SATURDAY JULY 20
7:30-8:15am REGISTRATION & CONTINENTAL BREAKFAST
Sponsored by: Stoel Rives Thorpe North & Western Williams & Hunt
8:15 - 8:30am Reports: Christian Johnson, Assistant Dean, S. J. Quinney College of Law
Utah Bar Foundation
8:30-9:45am

GENERAL SESSION
The Lawyer as Actor – The Courtroom/Boardroom as my Stage

Dr. Jerry Gardner – University of Utah School of Performing Arts

Dr. Jerry Gardner teaches courses in movement to students in the Actor Training Program. He holds a Ph.D. in Buddhist Studies with an emphasis in ritual and meditation from the Ngagyur Samten Chockhorling Institute, located in the city of Manali in Himachal Pradesh, India. He performs and teaches numerous movement systems including Butoh, Viewpoints,
Noh Theatre, illusionary and corporeal mime, mask work, ballet and contemporary dance, Pilates, Laban/Barteneiff, and the martial arts of karate, kung fu and tai chi.

9:30-9:45am REFRESHMENT BREAK
Sponsored by: Cohne, Rappaport & Segal Fabian Law Holland & Hart
9:45-10:45am
U -
Litigation
V -
Transactional
W -
General I
X -
Hot Topics
Y -
Technology
Economic Loss Doctrine

Hon. Clark Waddoups – U.S. District Court,
District of Utah

Hon. Glen R. Dawson – 2nd District Court

Mark A. Larsen – Larsen Christensen & Rico

Michael A. Stahler – Strong & Hanni

Moderator: Jonathan O. Hafen – Parr
Brown Gee & Loveless

MATERIALS
A Business Startup That Wants to
Raise Outside Capital

James R. Kruse – Kruse Landa Maycock
& Ricks
Utah Division of Securities Staff Member

MATERIALS
The Lawyer as Actor –
The Courtroom / Boardroom as
My Stage, Cont.

Dr. Jerry Gardner – University of Utah
School of Performing Arts

MATERIALS
An Overview of the Tax Parameters
of Retirement Plans

David G. Anderson – EBenefits, LLC

MATERIALS1
MATERIALS2
What’s in Your Pocket?

Lincoln Mead – Webmaster, Utah State
Bar

NO MATERIALS
10:45-11:00am REFRESHMENT BREAK
Sponsored by: Prince, Yeates & Geldzahler Randy S. Kester Snell & Wilmer
11:00am-12:00pm
Z -
Litigation
AA -
Transactional
BB -
General I
CC -
Hot Topics
DD -
Technology
Best Practices of Oral Advocacy:
A Judicial Perspective

Hon. Randall Skanchy – 3rd District Court
Magistrate Judge Evelyn J. Furse –
U.S. District Court for Utah
Hon. Paul Maughan – 3rd District Court
Moderator: Jonathan O. Hafen – Parr
Brown Gee & Loveless

MATERIALS1
MATERIALS2
Lender Liability Claims Before,
During and After Bankruptcy

David P. Billings – Attorney
Hon. William T. Thurman – Chief Judge,
U.S. Bankruptcy Court of Utah
George B. Hofmann – Parsons Kinghorn
Harris

MATERIALS1
MATERIALS2
MATERIALS3
MATERIALS4
MATERIALS5
Taking Control of Health Care
Reform

Sibyl C. Bogardus – HUB International

NO MATERIALS
Trauma is Tearing Our Families Apart:
Viewing Our Children & Families
Through a Trauma Lens

Nancy Baird, PhD, LCSW
Felipe E. Rivera – Attorney, Office of
Guardian ad Litem
Hon. Kimberly K. Hornak – 3rd District
Juvenile Court

NO MATERIALS
White Collar Fraud/Crime

Moderator: Sean D. Reyes – Utah
Attorney General
Brent R. Baker – Clyde, Snow & Sessions
Che’ Arguello – Office of the Utah
Attorney General
Utah Division of Securities Staff Member
Thomas M. Melton – Securities and
Exchange Commission

NO MATERIALS
12:00pm MEETINGS ADJOURNED