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Litigation Section

News from the Section

A Week in Legal London

May 7-12, 2017

A Week in Legal London, May 7-12, 2017The 2017 “A Week in Legal London” program provides an unparalleled behind the scenes exposure to the English legal and court system and is designed to compare and contrast the law as it is applied to California to the original source of our common law in England in an effort to provide our participants with a better understanding and applicability of the law in California.

The program is a combination of formal educational sessions, as well as court rotations in which the participants have a chance to observe trials in progress and meet with the presiding judge and the barristers trying the cases. Sessions will take place at the Royal Courts of Justice, Old Bailey, the High Court of Justice, and the Supreme Court. The week concludes with a Gala Dinner in the House of Lords Private Dining Room in Parliament.

This program will fulfill your three year MCLE requirement with a combination of participatory and online credits.

Reserve your spot now! www.aweekinlegallondon.comParticipation is limited to 60 full program registrants. 

 Due to the nature of our exclusive access, the final agenda for A Week in Legal London is under development. For pricing and information, contact Michelle McFadden at or call 415-848-7815.

Webinar: Modern Day ADR

Wedensday, March 22, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

Recent rulings like ATT v. Concepcion have made waves in the legal industry and settled some of the debate around the prospects of alternative dispute resolution. However, some discord persists when it comes to arbitration clauses, consumer rights and enforcement. And innovation presents new challenges and solutions which may beg further debate but also opportunity. This webinar will cover-

  • Recent case law impacting ADR
  • Unsettled questions in ADR
  • Challenges related to enforcement and potential solutions
  • The ADR landscape including ODR
  • The broader legal tech landscape and ADR/ODR
  • The human element and psychological aspects of ADR

 Our panel is comprised of experts in the fields of ADR, ODR, negotiation and litigation. And moderated by a Stanford CodeX fellow researching ADR and ODR trends and opportunities.

Please join us for a wide ranging and informative discussion which will include coverage of the latest and greatest in the field. We promise to make it interesting and have some fun with it.

Moderator: Stephen Kane
Speakers: Aaron Brian, Steven Chic and Case Schwab

Webinar: From the Heartland to Wonderland: How Developments in Patent Litigation Are Impacting Your Clients

Thursday, March 23, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit. You must register in advance to participate.

With the rise of patent assertion entities and patents directed to business methods, software, and internet websites, the burdens and challenges of patent litigation have grown far beyond tech companies and now reach virtually all businesses in the United States.  In this environment, every in house counsel and litigation attorney may be called upon to advise his or her clients regarding issues of patent litigation.

Speakers: Robert A. McFarlane and Russell C. Petersen

Webinar: Discovery Competence: Mobile Devices

Wednesay, April 5, 2017, 12 noon - 1 p.m.

This program offers 1 hour participatory MCLE credit in Legal Ethics. You must register in advance to participate.

Formal Opinion No. 2015-193 of the Standing Committee On Professional Responsibility and Conduct of the California State Bar (“Committee Opinion”) opines that an attorney may violate ethical duties of competence by failing to understand and perform e-discovery skills. The Committee Opinion set out a list of nine e-discovery tasks that “attorneys handling e-discovery should be able to perform (either by themselves or in association with competent counsel or expert consultants).”

The nine skills from the Committee Opinion are:

  1. Initially assess e-discovery needs and issues, if any;
  2. Implement/cause to implement appropriate ESI preservation procedures;
  3. Analyze and understand a client’s ESI systems and storage;
  4. Advise the client on available options for collection and preservation of ESI;
  5. Identify custodians of potentially relevant ESI;
  6. Engage in competent and meaningful meet and confer with opposing counsel concerning an e-discovery plan;
  7. Perform data searches;
  8. Collect responsive ESI in a manner that preserves the integrity of the ESI; and
  9. Produce responsive non-privileged ESI in a recognized and appropriate manner.

Performing many of these skills competently requires understanding mobile device discovery.

Mobile devices have become globally ubiquitous, both for personal and professional use.  Increasingly, organizations need to consider their mobile device and application use when executing internal investigations and responding to Discovery requests. 

This webinar will address the following questions counsel should ask when considering mobile devices in discovery::

  • What types of devices are within scope?
  • What data sources from those devices are within scope?
  • Where are the data located?
  • How can the data be collected and what are some challenges?
  • Issues that arise in cross-border matters?
  • Are corporate policies and or systems in place?
  • After collection, how is the mobile device data handled for eDiscovery review and production?

Moderator: Mark Michels
Speakers: Kathleen McConnell and Damon Reissman

Trial Lawyer Hall of Fame

The Litigation Section is now accepting nominations for the 2017 Trial Lawyer Hall of Fame Award. Deadline to submit nominations is May 8, 2017. See the Trial Lawyer Hall of Fame page for nomination guidelines.

Sections Convention

August 18-19, 2017. Plan to join the State Bar Sections for a special Sections Convention at the Sheraton San Diego Hotel & Marina.  This will be a multi-track CLE event with plenty of activities and networking opportunities. Watch your email for registration information.

Save the Date: Litigation Summit 7

October 13, 2017: Mark your calendars and plan to attend this exciting event in San Francisco. A great opportunity to develop your litigation skills with great trial lawyers, jurists and appellate specialists. Chief Justice Cantil-Sakauye will join us for lunch. Stay tuned for registration details.

Become the Best Litigator You Can Be!

Are you the best litigator you can be?  Join or renew your membership in the State Bar Litigation Section for access to resources that will help make you a great litigator.  
The State Bar Litigation Section provides resources and opportunities for section members to enhance their professional development.  The section offers continuing education through live programs, webinars, and an extensive library of recorded programs available online.  Our programs are presented by distinguished litigators and judges from throughout the state.  
Section members receive top quality publications free of charge, including California Litigation Review, an annual review of civil law developments; California Litigation, a journal published three times per year; and Litigation Update, a e-newsletter with case summaries of notable appellate opinions.  
As a member of the Litigation Section you will have opportunities to join our standing committees that explore particular practice areas (Alternative Dispute Resolution Committee, Food Law Committee, and Insurance Staff Counsel Committee), comment on proposed legislation affecting litigation practice (Rules and Legislation Committee), and comment on proposed revisions to CACI jury instructions (Jury Instructions Committee).  The section also welcomes proposals for new committees and other programs and activities of interest to section members.  
Learn more about the State Bar Litigation Section online at the section’s homepage and on Facebook and Twitter, and join the section or renew your membership.

Thank You for Being a Section Member - Here's 6 Hours MCLE in Legal Ethics!

We're very grateful for your membership in the Section. As a token of that, we're offering six hours of self-study MCLE credit in the area of Legal Ethics. The programs are posted in our Member's Only Area.

Simply watch the programs and read the accompanying materials, and keep track of having done so. You can report this to the State Bar when it's time to demonstrate your compliance with the MCLE requirements.

Member Benefit -  "Giving a Deposition" Video 

Giving a Deposition” is a benefit of your membership in the Litigation Section. It will hopefully save you and your clients time and money, and allow you to prepare witnesses more effectively for their depositions.

The video is intended to be shown to witnesses who have not had their depositions taken before, or for whom a refresher course would be worthwhile. Through a series of vignettes, the video explains the deposition process and provides advice about how to answer questions carefully, truthfully, and in a manner that expedites the completion of the deposition. The video obviously does not replace diligent witness preparation by lawyers and staff, but facilitates deposition preparation so that the lawyer’s time can be spent on the merits.

For more information, see "Giving a Deposition".

Other News

California Litigation

California LitigationThe Litigation Section publishes California Litigation three times per year, under the supervision of the California Litigation Editorial Board. Each issue contains informative articles on themes of interest to litigators.

We have provided tables of contents from Volume 1, No. 1 to the present at California Litigation. And we have posted recent issues in our Members Only Area.

Copies of some back issues are still available. Please call 415- 538-2546 if you are interested in obtaining one or more.

California Litigation

California Litigation

California Litigation Review

California Litigation Review comes out annually and is sent to members of the Litigation Section as a benefit of membership. The Review provides an annual overview of developments of interest to California's civil litigators and a review of many areas of practice that we do not regularly encounter, but need to know!

We have  posted California Litigation Review in our Members Only Area.

For more information, see California Litigation Review.

Save Money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Litigation Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Contact Us

Litigation Section
State Bar of California
180 Howard Street
 San Francisco,  CA  94105-1639
FAX 415-538-2368

The Litigation Section is a State Bar of California-approved MCLE provider.

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