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Complex Litigation XII - The Future of Civil Litigation: Legislative and Behavioral Changes
For more than 25 years, litigants, judges, rulemakers, and legislators have grappled with questions surrounding complex civil litigation: pleading requirements, the scope of discovery, the appropriate role for the judge, the "disappearing trial," and other issues. Attempts have been made to objectively define these issues, measure the level of attorney dissatisfaction with the current system, and propose rule-based or statutory solutions. But many observers point out that the current rules are not used to full advantage by lawyers or judges to avoid disputes and delays, or to reduce costs in litigation. Behavioral changes may be needed address the problems that the litigation cost studies articulate.
The 12th Annual Sedona Conference on Complex Litigation will bring together experienced public and private sector attorneys, judges, and legal academics from all points of view to examine these issues without any political agenda or pre-ordained solutions. Led by a stellar faculty, the participants will engage in dialogue exploring:
- The effectiveness of the 2006 amendments to the discovery rules
- Alternatives to current discovery practice
- Changing pleading standards under recent Supreme Court decisions
- The value and future of dispositive motion practice
- Judicial management and judicial resources
- Lessons that can be learned from other legal systems
- Behavioral and cultural changes needed in our legal system
To ensure an intimate environment for meaningful dialogue, registration is limited to 45 persons, and is by invitation only. To apply for an invite, just click on the "To Register" Navigation Bar, complete the form, write "Application" on the top, and fax it in to the number indicated on the Form. We will advise you if and when your Application is accepted. We will be looking for diversity and experience in the participant base to contribute to insightful dialogue and collective wisdom.
Agenda
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Day One: Thursday, Apr 08
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Session |
Panelists |
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07:30-08:30
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Continental Breakfast & Sign-In (Estrella Garden)
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08:30-08:45
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Welcome and Overview
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08:45-10:15
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Effectiveness of the 2006 Rules Amendments
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Butterfield,
Horn,
Lee,
Owen,
Saunders,
Judge Scheindlin,
Tadler
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10:15-10:30
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Morning Break
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10:30-12:00
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Alternatives to Current Discovery Practices That Do Not Require Rules Changes
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Baron,
Batson,
Owen,
Saunders,
Tadler
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12:00-01:30
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Lunch (provided) (Estrella Garden)
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01:30-03:30
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Pleading After Twombly & Iqbal: Impact on Scope of Discovery
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Birnbaum,
Butterfield,
Owen,
Judge Scheindlin
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03:30-03:45
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Afternoon Break
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03:45-05:00
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Summary Judgment and the Vanishing Trial
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Batson,
Birnbaum,
Horn,
Lee,
Saunders,
Judge Scheindlin
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05:00-07:00
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Reception with the Faculty (Guests Invited) (Palmera Patio)
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Day Two: Friday, Apr 09
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Session |
Panelists |
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07:30-08:30
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Continental Breakfast & Sign In (Estrella Garden)
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08:30-10:00
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Judicial Management and Judicial Resources
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Butterfield,
Gensler,
Lee,
Judge Rosenthal,
Saunders,
Judge Scheindlin
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10:00-10:15
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Morning Break
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10:15-11:30
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Lessons to Be Learned from Other Legal Systems
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Birnbaum,
Butterfield,
Horn,
Owen
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11:30-01:00
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Tea Leaves, Crystal Balls, and Empirical Data: Predicting and Planning the Future of Civil Litigation
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Baron,
Batson,
Butterfield,
Gensler,
Owen,
Judge Rosenthal,
Judge Scheindlin
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01:00-02:00
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Grab & Go Lunch (provided) (Estrella Garden)
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Panelists
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Chairs
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William P.
Butterfield Hausfeld LLP, Washington, D.C.
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Robert D.
Owen Fulbright & Jaworski, New York, NY
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Faculty
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Jason R.
Baron National Archives and Records Administration (NARA), Washington, DC
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James A.
Batson Liddle & Robinson, L.L.P., New York, NY
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Sheila L.
Birnbaum Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY
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Professor
Steven G.
Gensler University of Oklahoma College of Law, Norman, OK
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Dawson
Horn, III Tyco International, Princeton, New Jersey
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Emery G.
Lee, III Federal Judicial Center, Washington DC
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The Hon.
Lee H.
Rosenthal United States District Court Judge, Southern District of Texas, Houston, TX
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Paul C.
Saunders Cravath, Swaine & Moore LLP, New York, NY
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The Hon.
Shira A.
Scheindlin United States District Judge, Southern District of New York, New York, NY
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Ariana J.
Tadler Milberg LLP, New York, NY
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