Minutes February 8, 2006

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

Executive Committee members present were:

• Sammi Anderson
• Bruce Badger
• George Burbidge
• Jared Casper
• Ryan Frazier
• Ryan Harris
• Judge Himonas
• Wayne Klein
• Elaina Maragakis
• Willis Orton
• Bryan Pattison (by speakerphone)
• Michael Petrogeorge
• Jackie Rogers
• Dan Steele

In addition, Nate Alder attended as a liaison from the Bar Commission. Scott Reed, Lee Curtis and Jon Hafen were excused.

1. Minutes The minutes were reviewed and approved.

2. Financial Report Dan Steele provided a full financial report. Dan also agreed to follow up with the appropriate individual at the Bar to determine how the Bar is allocating revenue from seminars that are sponsored by the Section.

3. Donation of Interest to "And Justice For All" The Committee voted to donate interest accumulated on the Section's fund to "And Justice For All."

4. Report on Governmental Relations Committee Ryan Harris reported that there are no bills currently pending that require a response from the Committee.

5. Revisions to Bylaws Elaina Maragakis reported that the Subcommittee on Revisions to Bylaws will meet and circulate a new draft of the Amended Bylaws at the next meeting.

6. NITA Trial Seminar Judge Himonas reported that the cost to attend this event will be in the range of $1,150-$1,250. In addition, two scholarships will be given.

7. Report on Mid-Year Convention Dan Steele reported that Alex McDonald will present two break-out sessions on the subject of mass tort/pharmaceutical litigation. Mr. McDonald's wife will also present on the topic of expert witnesses. Dan reported that the event is expected to draw a large crowd. Mr. McDonald will be paying his own travel expenses. The Committee authorized Dan to take Mr. McDonald and his wife out to dinner in thanks.

8. Update on Annual Convention Mike Petrogeorge reported that the break-out sessions are lined up and ready to go. Tim Terrell will speak on legal writing for a total of 4 break-out sessions. The Young Lawyers Division will likely co-sponsor these break-outs. In addition, a break-out session on e-discovery is also planned.

9. Continued Difficulties in Ensuring that Section Members Receive Correspondence Elaina Maragakis led a discussion as to how best to determine whether Section members are receiving communications from the Section via e-mail, and if not, how best to correct the problem. Elaina agreed to follow up with the appropriate individual at the Bar to determine the costs associated with a postcard mailing asking members to provide their current e-mail addresses, and also to determine the costs associated with sending the quarterly e-mail in a letter format.

10. Technology Committee Sammi Anderson reported that the Technology Committee has requested a letter from the Section Chair expressing the Committee's position on the use of audio or video recording systems in state court houses. The Committee voted to express a preference for audio recording systems on behalf of the Section.

11. Appellate Section's Efforts to Collect from Individuals Who Register for, but do not Attend CLE Events The Appellate Section is considering attempting to collect from individuals who register for, but do not attend CLE events. The Appellate Section has inquired as to whether this practice would affect the Section's willingness to co-sponsor events. The Committee took the position that the Appellate Section is free to undertake its own collections efforts, but that this should be done on its own initiative, and without support of the Litigation Section and without reference to the Litigation Section.

12. Upcoming CLE Seminars

a. Quarterly Luncheon - Litigation training with Roger Dodd. February 8, 2006. Section is co-sponsoring this event with the Bar. The Committee agreed to pay the costs associated with Section members' attendance.

b. Mid-Year Convention March 9-11, 2006. St. George.

c. Quarterly Luncheon May 3, 2006. Jan Smith will present on the topic of cross examination.

d. NITA Trial Seminar June 14-17, 2006. Salt Palace.

e. Annual Convention July 12-15, 2006. Newport Beach.

f. Quarterly Luncheon August 2, 2006.

13. Report on Reception for First Year Law Students Elaina Maragakis reported that she has made contact with the Deans of both law schools, and is waiting to hear from them on a date for the event. The speakers are lined up and the event is otherwise ready to go.

14. Report on Creation of Law Student Division Sammi Anderson reported that both she and Jon Hafen have been in contact with the appropriate individuals at both law schools and requested the names of students who would be particularly well-suited to sit on the Committee, and to help drive membership in the law schools. Jon and Sammi will attempt to contact the suggested individuals in advance of the next meeting.

15. Bench Books Ryan Harris reported that no new bench books have been submitted.

16. Recognition of Section Members Elaina Maragakis reminded the Committee to forward information related to awards, achievements or recognition of Section members so that Elaina can include these items in the quarterly e-mail.

17. CLE Event in Utah County Dan Steele and Jared Casper agreed to brainstorm for a possible CLE event to be sponsored by the Section in Utah County.

The meeting was adjourned at 8:58 a.m.

Dated this 8th day of March, 2006.

For the Executive Committee

Sammi Anderson
Secretary