USC Gould is pleased to invite you to the First Annual Judith O. Hollinger Program ADR Symposium Conference. The Symposium features preeminent scholars and practitioners in alternative dispute resolution who will explore significant developments that impact ethical issues pertaining to both domestic and international arbitration and mediation. Participants and attendees will include ADR practitioners, ADR panel administrators and managers, litigators, judges, and members of the academic community.
USC Gould School of Law, a State Bar of California-approved MCLE provider, certifies that this activity qualifies for minimum continuing legal education credit in the amount of 6 hours, of which 5 hours apply to legal ethics credit.
Become a sponsor, and support the Judith O. Hollinger ADR Program:
The Judith O. Hollinger Program in Alternative Dispute Resolution is now launched and in its first year of operation. We have many exciting plans as we continue to expand our ADR curriculum, course offerings, clinical work/social justice programs, and programs such as this Symposium. Programming support is a concrete link to the University and to the most highly esteemed members of the USC faculty in areas that match the sponsors' passion. Be a part of this exciting venture by joining our donors and benefactors in the support of ADR education. For more information, please contact the ADR Program Director, Professor Lisa Klerman, at firstname.lastname@example.org.
8:30 AM: Registration
9:00 AM: Welcome
Lisa Klerman, Director of the Judith O. Hollinger Program in Alternative Dispute Resolution, USC Gould School of Law
9:05 AM: Opening Remarks
Dean Andrew Guzman, USC Gould School of Law
9:15 AM - 10:30 AM: Counsel Ethics in International Arbitration: Is Self-Regulation Sufficient?
This panel of experts will focus on the ethical rules applicable to counsel in international arbitration. The discussion will cover the multi-jurisdictional nature of international arbitration and the unique ethical issues this poses, the standards that govern the conduct of counsel, and the prevalent views of the major arbitral jurisdictions on this question. The panel will also review California law on this issue as compared to the accepted international standards. Nathan O'Malley (Moderator); Catherine Rogers, Jeffrey Dasteel, and Stephen Drymer.
10:30 AM: Coffee Break
10:40 AM - 11:55 AM: The Future of Party Arbitrator Practice in Commercial Arbitration
Tripartite arbitrations are increasingly common in larger commercial cases. Typically, parties each appoint a neutral arbitrator, and those two neutrals appoint a third arbitrator who acts as the Chair. Many have been concerned that party-appointed arbitrators are not truly "neutral" and that this process is burdened with unnecessary costs and delays. The panel will address these issues, assess suggested alternatives to this practice, and comment on the likelihood that commercial parties will embrace such changes. Richard Chernick (Moderator), Prof. Chris Drahozal; Prof. Sarah Rudolph Cole.
12:00 PM - 1:30 PM (Lunch Keynote): Arbitration Class Action Waivers: Invincible or Ephemeral?
Our featured keynote speakers will engage in a lively debate over whether the proposed rule of the Consumer Finance Protection Bureau banning class action waivers in consumer arbitration agreements should be upheld in the face of existing U.S. Supreme Court cases permitting such waivers under the Federal Arbitration Act, and what recent developments portend for the future of arbitration class action waivers. Howard Miller (Moderator); Theane Evangelis; Prof. Daniel Klerman.
1:45 PM - 3:00 PM: The Advantages and Pitfalls of Arbitration Regulation
Arbitration is now regulated more tightly than ever in California, covering the spectrum from more rigorous arbitrator disclosure requirements to rules governing the enforcement of arbitration awards. Have these rules and requirements helped or harmed arbitration users and participants? Howard Miller (Moderator); Sheri Eisner; Jay Folberg; Lisa Kloppenberg.
3:00 PM: Coffee Break
3:15 PM - 4:30 PM: The Unintended Consequences of Mediation Confidentiality Statutes
This panel of knowledgeable practitioners will provide an overview of the variety of mediation statutes concerning the admissibility of mediation-related evidence in California. They will discuss specific strategies to overcome the unintended consequences of these statutes, especially in enforcing agreements and admitting collateral information and communications in complex multi-party cases. What are the ethical obligations of attorneys and mediators to know these rules and to inform participants of the consequences of these statutes and the strategies to achieve admissibility where desired? California's detailed technical provisions regarding admissibility will be the focus of the strategic discussions, including an update on the California Law Revisions Commission's proposed legislation for attorney-client communications. Caroline Vincent (Moderator); Phyllis Pollack, Kyle Kveton, Robert Sall.
4:30 PM - 5:30 PM: Cocktail Reception
All attendees are invited to a cocktail reception hosted by JAMS and honoring Judge Judith O. Hollinger.
Parking is available in Parking Structure X (PSX) for a small fee.
Richard Chernick, Co-chair
Mr. Chernick is Vice President and Managing Director of JAMS' Arbitration Practice. He has conducted hundreds of complex arbitrations and mediations before major administering institutions, both domestic and international. Mr. Chernick is a former Chair of the Dispute Resolution Section of the American Bar Association and the Founding President of the College of Commercial Arbitrators. He served as the ABA's Advisor to the Revised Uniform Arbitration Act. Mr. Chernick teaches arbitration at USC Gould School of Law, and currently serves as Chair of the USC Board of Councilors.
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Nathan O'Malley, Co-chair
Mr. O'Malley is a partner with Gibbs Giden Locher Turner Senet & Wittbrodt in Los Angeles. His practice focuses on international arbitration and dispute resolution. He has acted in numerous international arbitrations, and represented clients before arbitral tribunals seated in The Hague, Geneva, Zurich, London, Amsterdam, Singapore, Abu Dhabi, Frankfurt am Main and in the United States. Mr. O'Malley teaches International Business Dispute Resolution and Advanced International Dispute Resolution at USC Gould School of Law.
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Sarah Rudolph Cole
Sarah Rudolph Cole is the John W. Bricker Professor at Law at the Moritz College of Law, Ohio State University. She is also the Director of the Moritz College of Law Program on Dispute Resolution. She is a co-author of Mediation: Law, Policy and Practice (3d ed. 2011) and Dispute Resolution: Negotiation, Mediation and Other Processes (6th ed. 2012). Professor Cole was a member of the Uniform Mediation Act faculty advisory committee. She writes, teaches and speaks on a variety of alternative dispute resolution topics, particularly mediation and arbitration. She also arbitrates and mediates for various organizations.
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Jeff Dasteel is an adjunct faculty member at UCLA School of Law where he teaches International Commercial Arbitration. Mr. Dasteel is a Fellow of the Chartered Institute of Arbitrators. He serves as co-chair of the ADR Committee of the Litigation Section of the California State Bar, is a member of the Executive Committee of the North American Branch of the Chartered Institute of Arbitrators, and is the co-chair of the Southwest Arbitration SubCommittee for the United States Council for International Business and former member of the ICC Commission on Arbitration. Mr. Dasteel's publications include International Commercial Arbitration for Law Students (2nd ed., 2014).
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Chris Drahozal is the John M. Rounds Professor of Law and Associate Dean for Research and Faculty Development at the University of Kansas School of Law. He is an Associate Reporter for the Restatement of the U.S. Law on International Commercial Arbitration and is on the Board of Directors of Arbitrator Intelligence. He is serving as a Special Advisor to the Consumer Financial Protection Bureau for matters related to the use of arbitration clauses in consumer financial services contracts and was the Chair of the Arbitration Task Force of the Searle Civil Justice Institute. Professor Drahozal has written extensively on the law and economics of arbitration, and authored a casebook on commercial arbitration.
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Stephen Drymer practices exclusively in the area of domestic and international arbitration and dispute resolution. He acts as counsel, and serves as arbitrator and mediator, in domestic and in international commercial and investment treaty disputes. Educated and trained in both the common law and the civil law, Stephen has represented parties and served as mediator, party-appointed arbitrator or president of tribunals in hundreds of matters involving a wide range of industries, both in ad hoc proceedings and under the rules of most major North American and international arbitration and ADR institutions.
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Sheri Eisner is the Associate General Counsel of JAMS. As Associate General Counsel, she works closely with the General Counsel to oversee all legal matters, panel quality and training, risk management, arbitration rule updates and ethics. Ms. Eisner oversees internal arbitration administration, manages arbitration issues that arise prior to arbitrator appointment and is a member of JAMS' National Arbitration Committee. Ms. Eisner also conducts associate and neutral arbitration training. She joined JAMS in 2008 after 16 years as a general commercial litigator and then Partner at a large law firm.
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Theane Evangelis is an appellate and general commercial litigation partner in the Los Angeles office of Gibson, Dunn & Crutcher. She joined Gibson Dunn after serving as a law clerk to Justice Sandra Day O'Connor and as a law clerk to Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit. In 2013, Ms. Evangelis was named by The Daily Journal as one of the "Top 20 California Attorneys Under 40" and has been designated by Law360 as a "Rising Star" for 2013 and 2015 in Appellate Law, and in 2014 in Class Actions. Recently, she was selected by her peers for inclusion in The Best Lawyers in America© in the field of Appellate Practice from 2014-2016 and was also named "Los Angeles Appellate Lawyer of the Year" by Best Lawyers®.
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Jay Folberg is Professor and Dean Emeritus at the University of San Francisco School of Law. In addition to being an active mediator and arbitrator with JAMS, he is Chairman of the JAMS Foundation and was founding Executive Director of the JAMS Institute from 2000 to 2015 (the training and continuing education division of JAMS). He chaired the California Judicial Council Task Force on ADR and its Blue Ribbon Panel on Arbitration Ethics. He has won numerous awards, trained judges and lawyers in mediation throughout the world, and has authored and co-authored several books on ADR, including Resolving Disputes: Theory, Practice and Law, 3rd Ed. (2016); Mediation: The Roles of Advocate and Neutral, 3rd Ed. (2016); Lawyer Negotiation, 3rd Ed. (2016); and Mediation: A Comprehensive Guide (1984).
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Dan Klerman is the Charles L. and Ramona I. Hilliard Professor of Law and History at USC Law School. He received his J.D. and a PhD in History from the University of Chicago. He then clerked for Judge Richard Posner and Justice John Paul Stevens. He has taught at Harvard, Stanford, the University of Chicago, Caltech, and Tel Aviv University. His scholarship focuses on civil procedure, law & economics, and legal history. Professor Klerman has published several articles on settlement as well as an empirical paper on mediation, and has taught a seminar on class actions. He is a member of the American Law Institute, has been the Co-President of the Society for Empirical Legal Studies, and has served on the Board of Directors of the American Law & Economics Association.
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Lisa Kloppenberg is the Dean of Santa Clara University Law School, and an expert in constitutional law and dispute resolution. She is the co-author of a popular text teaching law students to be effective advocates in negotiation and mediation. As a faculty member at the University of Oregon School of Law, she co-founded the Appropriate Dispute Resolution Program. Kloppenberg served as Dean (2001-2011) and Professor of Law (2011-13) at the University of Dayton, where she received national recognition for championing "The Lawyer as Problem Solver" curricular and creating the first accelerated five-semester law degree in the nation.
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Kyle Kveton specializes in professional liability matters and has defended lawyers in a series of recent cases concerning the mediation evidence code provisions. He wrote the amicus curiae appellate brief for the ASCDC on behalf of Real Parties in Interest [Wasserman, Comden law firm] in Cassel v. Superior Court, the Supreme Court's 2011 decision clarifying the expansive scope of the California mediation confidentiality statutes in the context of lawyer malpractice actions. Mr. Kveton has been a popular speaker on the practical issues raised for attorneys and the unintended consequences of California's sweeping provisions concerning mediation confidentiality.
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Howard Miller is a partner at the Girardi & Keese law firm in Los Angeles, where he heads the firm's International Dispute Resolution Practice, and practices intellectual property litigation, anti-trust, and general complex commercial litigation. Mr. Miller is a Fellow of The Chartered Institute of Arbitrators (FCIArb). He is also a former Professor of Law at USC Gould School of Law. He served as the 85th President of the State Bar of California during the 2009-2010 term.
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Phyllis Pollack has been a mediator in Los Angeles since 2000. She has conducted over 1400 mediations. Ms. Pollack is the immediate past chair of State Bar of California's ADR Committee. She has served on the board of the California Dispute Resolution Council (CDRC) (2012-2013), is a past president and past treasurer of the SCMA Education Foundation (2011-2013) and a past president (2010) of the Southern California Mediation Association (SCMA).
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Catherine Rogers is a Professor at Penn State Law, with a dual appointment at Queen Mary, University of London. Her scholarship focuses on professional ethics and the intersection of public and private international adjudication. She is a Reporter for the American Law Institute's Restatement of the U.S. Law of International Commercial Arbitration, and a Member of the Court of Arbitration of the Jerusalem Arbitration Center (appointed by the ICC Palestine). She is Founder and CEO of Arbitrator Intelligence, an NGO to reform arbitrator selection. Her book, Ethics in International Arbitration, was recently published by Oxford University Press.
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Robert Sall is a shareholder of Sall Spencer Callas & Krueger in Laguna Beach, and a Certified Specialist in Legal Malpractice Law. He is a member of the Professional Responsibility and Ethics Committee of the Los Angeles County Bar Association, and the Orange County Bar Association's Professionalism and Ethics Committee. A past member of the State Bar's Committee on Professional Responsibility and Conduct and former chair of the Mandatory Fee Arbitration Committee, Mr. Sall is a frequent speaker regarding lawyer conduct and has published numerous articles relating to legal ethics.
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Caroline Vincent is a full time neutral at ADR Services, Inc. in Los Angeles and Orange County. She is a pioneer in the mediation field, having participated in shaping state legislation and standards for conduct of mediators since the mid 1980's as a member of the Operating Committee of the Neighborhood Justice Center (now LACBA's Center for Civic Mediation). She has presented programs on ethics to mediators and lawyers over the past three decades. Ms. Vincent is an adjunct faculty member at USC Gould School of Law, where she teaches ADR Ethics.
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A special thanks to our Bronze Level Sponsors:
We would also like to acknowledge our Collaborator sponsor Dr. Jack Goetz.