Minutes of August 9, 2006 Meeting

The Executive Committee of the Litigation Section met on Wednesday, August 9, 2006 at 8:00 a.m. at the Utah Law & Justice Center in Salt Lake City.

Executive Committee members present were:

• Bruce Badger
• George Burbidge
• Jared Casper
• Lee Curtis
• Ryan Frazier
• Jon Hafen
• Ryan Harris
• Wayne Klein
• Elaina Maragakis
• Willis Orton
• Bryan Pattison (by speaker phone)
• Dan Steele

Scott Reed and Jackie Rogers were excused.

1. Minutes The minutes were reviewed and approved.

2. Financial Report Dan Steele gave a report on the financial status of the Section. He reported that the $500 amount previously approved has now been paid to the Antitrust Section. Elaina Maragakis reported that the Litigation Section ultimately did not pay any honorarium for the Annual Convention. Bruce Badger asked Dan Steele to follow up on several issues: (1) the way in which profits from seminars that are co-sponsored are divided; (2) how much the Bar takes from the Section’s dues; and (3) whether the And Justice for All interest contribution is being made. Willis Orton asked for a comparison of the new balance compared to past balances. Dan Steele indicated that he will meet with Arnold Birrell on these issues.

3. Report on Annual Convention Elaina Maragakis reported on the annual meeting and the sessions sponsored by the Section. She also discussed the Section’s receipt of the “Section of the Year Award.” Recognition was given to Elaina for her efforts during the year that led to the award to the Section.

4. CLE on Expert Discovery There was a brief discussion of the request that the Section co-sponsor a seminar in December with the Law & Economics Seminar on expert discovery. The discussion was postponed until September so the Executive Committee could get additional information.

5. Bylaw Revisions Wayne Klein led a discussion on suggested changes to the Section Bylaws. He distributed a blacklined copy of proposed changes. There was a brief explanation of the purposes behind each change. There was some discussion about the size of the Executive Committee and determining a quorum. Executive Committee members are to review the proposals and be prepared to vote on changes at the next meeting.

6. Allocation of Costs on Roger Dodd Seminar There was a report on discussions with the bar about what portion of the expenses were charged to the Section. The matter has been resolved. The Section will pay up to $1,800 for its share of the expenses. The discussion with the bar has resulted in a better understanding of the roles of the bar and the Section.

7. Upcoming CLE Seminars

a. Jon Hafen reported that the presentation on discovery of expert economic witnesses is all set for August 14.

b. Dan Steele said the Utah County Golf CLE set for September 8 is proving to be a popular one and may fill to capacity. He hopes this seminar will lead to a significant partnership with the Utah County Bar.

c. Ryan Frazier reported that the Fall Forum set for November 3 is progressing well.

d. Dan Steele said the St. George Golf CLE is set for October 20. Planning is on schedule.

e. There was discussion of a seminar being presented with the Utah Supreme Court on professionalism. The planning is at the early stages.

f. In response to a question about the Evening with Third District Judges, it was explained that this seminar is held biannually and will be presented in 2007.

8. Mid-Year Meeting Ryan Harris said the Dispute Resolution Section wants to bring a speaker from the Harvard Negotiation Insight Initiative to present a seminar on negotiation. Ryan will find out the amount that the Litigation Section would be expected to pay. The Section also needs to determine what other sessions it will sponsor and whether there would be any conflict in times between the Section’s sessions and the negotiations session. Ryan Frazier agreed to be the Section’s representative on the committee planning the 2007 Mid-Year Meeting.

9. 2007 Annual Meeting Jon Hafen agreed to be the Section representative for the 2007 Annual Meeting.

10. Bench Books Ryan Harris said several new judges have been appointed recently and he hopes to get them to submit information soon for the bench book.

11. Law School Outreach Elaina Maragakis reported on her efforts to reach out to law school students. She is putting an event together for a Thursday evening in September or October. The Section also discussed the idea of putting a law student representative on the Executive Committee. A suggestion was made to have a law student be an instructor at a Section CLE luncheon, perhaps on a law journal article written by the student.

The meeting was adjourned at 9:10.

Dated this 13th day of September, 2006.

For the Executive Committee

Wayne Klein
Secretary pro tem