February 14, 2019

Vancouver BCLC Programs

Stuart Riback

Following the successful programs in DC, BCLC is looking forward to the Spring 2019 Meeting in Vancouver.  The Committee expects to present another set of four engaging and compelling programs at the upcoming Spring Meeting, which will take place on March 28-30, 2019. 

On Thursday morning at 10:30, BCLC will present a two-hour program, “Taming the Gig Economy:  Freelance Isn’t Free.”  The program will examine legal and business issues arising from the disintermediation of business and the rise of peer-to-peer businesses, with a focus on independent contractor and regulatory issues.  Judge Randa Trapp of San Diego Superior Court and Meg Milroy of Verizon are chairing the program.  Barbara Johnson of BLJohnson Law PLLC in Washington DC will moderate.  On the panel will be Jennifer Baldocchi of Paul Hastings LLP in Los Angeles, David Woolias of Harris & Co. LLP in Vancouver and Richard Rosenblatt of Morgan, Lewis & Bockius LLP in Princeton, NJ. 

On Thursday afternoon from 3:00 to 5:00 pm the Committee will present its Annual Review of Developments in Business and Corporate Litigation, for which over 200 committee members have participated in presenting written materials published in book form.  Bradford Newman of Paul Hastings in Palo Alto and Judge Elihu Berle of California Superior Court, Los Angeles County will be co-chairs.  This year’s program will focus on four high-profile areas of concern to business litigators:  trial practice, international law, business divorce and criminal and enforcement litigation. 

The trial practice section will feature Chelsea Mikula Tomko of Tucker Ellis LLP in Cleveland, Giovanna Ferrari of Seyfarth Shaw in San Francisco and Judge Berle.  International law will be covered by Stephanie Lapierre of Stikeman Elliott in Montreal and Steven Barber of Steptoe & Johnson in Washington DC.  Peter Ladig of Bayard LLP in Wilmington, Delaware, Vanessa Tirandentes of Gould & Ratner LLP in Chicago and Justice Timothy Driscoll of New York Supreme Court, Nassau County, will discuss business divorce issues.  Finally, James Melendres of Snell & Wilmer LLP in Phoenix, Thomas O’Brien of Brown George Ross LLP in Los Angeles and Judge Christopher Yates of Grand Rapids, Michigan will address criminal and enforcement issues.

Emily Burton of Young, Conaway, Stargatt & Taylor LLP in Wilmington, Delaware, and Stephanie Lapierre of Stikeman Elliott LLP in Montreal will co-chair “Comparing and Contrasting the Role of and Standards for Independent Directors in M&A,” which will be presented on Friday morning at 10:30. The panel will examine the critical roles that independent directors have in M&A and the ways that US and Canada laws differ, including: (1) standards for director independence; (2)  independent directors’ roles when the company is in play; and (3) the effects of independent directors on judicial review of transactions.  Stephanie Lapierre will moderate a panel consisting of Britta Wagner of the British Columbia Investment Management Corporation; Hon. Donald Parsons (ret.), formerly Vice Chancellor of the Delaware Court of Chancery and now at Morris Nichols Arsht & Tunnell in Wilmington; Arthur Kohn of Cleary Gottlieb in New York; and Emily Burton.  This will be a two-hour program.

Rounding out the program, BCLC will present on Friday afternoon “Law & Order: Discovery Victims Unit,” a two-hour drama­tization and interactive program presenting a simulated discovery dispute that will include points of view from attorneys and clients as well as rulings from judges.  The first hour will focus on graduated levels of conduct warranting sanctions from the Rule 26(f) conference through the discovery motions practice, seeking to educate the audience as to what conduct is sanctionable versus conduct that may be obnoxious but falls short of being sanctionable.  The second hour will focus on how sanctionable discovery conduct concerning ESI is addressed under the current version of Fed. R. Civ. P. 37(e)(1)-(2) in the pretrial sanctions hearing and during the mock sidebar at trial.    Robert Witte of Strasburger Price in Dallas and Judge Christopher Wilkes of the West Virginia 23rd Circuit Court will co-chair the program.  Robert Witte will moderate.  The panelists will include business court judges from all over the country:  Judge James Gale of the North Carolina Business Court; Judge Heather Welch of Marion Superior Court in Indianapolis; Judge Louis Bledsoe of the North Carolina Business Court; Judge Christopher Yates of Kent County Circuit Court in Grand Rapids, Michigan; Judge Nancy Allf of the 8th Judicial District Court in Las Vegas, Nevada; Judge Joseph C. Iannazzone of Gwinnet County Superior Court in Lawrenceville, Georgia; Judge Stephen Schuster of Cobb County Superior Court in Marietta, Georgia; Judge Randa Trapp of California Superior Court in San Diego; and Justice Timothy Driscoll of New York Supreme Court in Mineola, New York.

BCLC also will be cosponsoring three programs that other committees are presenting.  “Drafting ADR Clauses for Financial M&A and Joint Venture Disputes” will be presented by the Dispute Resolution Committee at 8:00am on Thursday. “Advising Boards & management: Ethical Rules & Professional Liability Risks of Corporate Counsel” will be presented by the Director & Officer Liability Committee, also at 8:00am on Thursday. On Thursday afternoon at 2:00 the Young Lawyers Committee will present “Tips from the Trial Bench.”  The Sports Law Committee will be presenting “Sexual Abuse and Bullying In Sport: Balancing The Rights Of Accused And Accusers” on Saturday morning at 10:30am. The BCLC is also pleased to promote “Pro Bono Opportunities” presented by the Young Lawyer Committee at 8:30am on Thursday. BCLC is pleased to assist and support our fellow committees in presenting these timely and worthwhile programs.

BCLC is proud of the high quality of the programs it offers.  The programs consistently have been timely, compelling and well-presented.  That is a direct result of its members’ participation in providing program ideas to Committee leadership.  For BCLC to continue to offer these programs at such a high level, it depends on its members to suggest program ideas from a wide array of subject matter areas, including litigation issues, ethical issues, business issues and substantive law.  If you can think of a possible program idea, even if the idea is still somewhat inchoate, please pass it along to someone in the programming working group.  That group consists of the Committee Chair Heidi Staudenmaier; Committee Vice-Chairs Gail Andler, Mac McCoy and Stuart Riback; Meetings and Programs Subcommittee Chairs Jay Dubow, Paul Masinter and Robert Witte; and Subcommittee Vice-Chairs Sasha Francis, Mareesa Frederick, Kendyl Hanks and Anat Maytal.

Stuart Riback