2013 CPR ANNUAL MEETING
Dispute Resolution as a Business Process
The Lodge at Torrey Pines San Diego January 17-19, 2013 Sponsored by:
TAKING THE “A” OUT OF ADR Dispute Resolution as a Business Process In this time of global financial crisis, across the country and around the world, courts at all levels are facing unprecedented fiscal and practical constraints that affect their ability to provide access to justice in a timely and sufficient manner. This crisis facing our courts inevitably impacts the ability of companies to resolve their disputes via the courts in a manner that is consistent with the needs of their businesses. The ability to resolve disputes by other means can no longer be merely an “alternative” to litigation. It has become an essential element of business success. Join CPR and our esteemed colleagues for the 2013 Annual Meeting as we explore opportunities and best practices for “Dispute Resolution as Business Process.” Join Us in San Diego for the 2013 CPR Annual Meeting We are excited about the exceptional program that we have assembled this year. On Thursday, we will welcome Verna Myers, the nationally recognized expert in diversity issues, who will address an issue that is intrinsic to trust in any system of dispute resolution, whether within or outside of the courts: how to recognize and address issues that can undermine diversity and give rise to perceptions of bias. Friday’s keynote speaker will be Justice Carlos Moreno, whose service as Associate Justice of the California Supreme Court and a Federal District Court Judge for the Central District of California places him in a unique position to address the challenges faced by our courts.
2013 CPR Annual Meeting Sponsors
Jack P. Levin Arbitrator & Mediator
This year’s panelists and participants will include leading jurists, an outstanding group of l eading general counsel, top attorneys, and international arbitration and mediation experts. Following Justice Moreno’s keynote address, Friday’s program will begin with a panel of leading present and former jurists who will address opportunities for systematic dispute resolution processes, both in connection with the courts and independently, to address and ameliorate the challenges faced by our courts. Other highlights include the launch of the DuPont-CPR ADR Counsel Workshops, which will enable practitioners to adapt the in-depth material in the “CPR-DuPont Corporate Global ADR Guide” to their day-to-day needs, a panel addressing the continuing and intense debate over pre-dispute arbitration agreements and contracts involving consumers and employees, a panel discussing key developments on the international arbitration front, a panel focusing on the timing and elements necessary to successful mediation and the roles of the stakeholders in preparing for success, a panel addressing dispute resolution issues in the biotech/pharma industries, a panel concerning the potentially transformative impact of technology on dispute resolution, and an ethics panel addressing key issues that arise in mediation and arbitration. Finally, CPR’s popular In-house counsel panel will address best practices in dispute resolution as a business process. We look forward to seeing you at The Lodge at Torrey Pines! Kathleen A. Bryan President & Chief Executive Officer
Beth Trent Senior Vice President & Director of Programs
2013 CPR Annual Meeting Advisory Committee
We would like to extend our thanks to the 2013 Annual Meeting Advisory Committee, whose efforts on behalf of CPR have made this event possible: JOSÉ ASTIGARRAGA Astigarraga Davis
DAVID HARRELL Locke Lord Bissell & Liddell LLP
JOHN MURNANE Fitzpatrick, Cella, Harper & Scinto LLP
MARK BAKER FTI Consulting
KIRKE HASSON Pillsbury Winthrop Shaw Pittman LLP
CHARLES RAGAN Ragan Law Firm
JAMIE BRODER Paul Hastings LLP
JEFF KICHAVEN Mediator
EZRA ROSENBERG Dechert LLP
MARY BETH CANTRELL Amgen Inc.
JOHN KIERNAN Debevoise & Plimpton LLP
LARRY SCHANER Jenner & Block LLP
A. STEPHENS CLAY Kilpatrick Townsend & Stockton LLP
JACK P. LEVIN Arbitrator and Mediator
NANCY VANDERLIP HID Global Corporation
JULIAN B. DECYK Paul Hastings LLP
CARRIE MENKEL-MEADOW Georgetown Law Center
JOHN LEO WAGNER Wagner Law Firm
DEBORAH GREENSPAN Dickstein Shapiro LLP
MICHAEL MOORE SNR Denton
LES WEINSTEIN Les Weinstein ADR
DAY 1: Thursday, January 17, 2013 Registration 10:00 am- 6:00 pm
Coffee Break 4:00-4:30 pm
Lunch 12:00-1:45 pm
Developments in International Dispute Resolution 4:30-6:00pm
Welcome Remarks 1:45-2:00 pm Keynote Address 2:00-3:00 pm Verna Myers Principal Verna Myers Consulting Group Baltimore, MD Ms. Myers, the principal of VMCG and a nationally recognized expert in diversity issues within law firms and other legal settings, has been advising law firms about recruitment and retention of attorneys of color since 1992 when she began as The Boston Law Firm Group’s first Executive Director. As Deputy Chief of Staff for the Attorney General of Massachusetts (1997-99), Ms. Myers successfully designed and led a comprehensive diversity initiative, increasing minority recruitment, conducting diversity, anti-discrimination and sexual harassment trainings, and performing outreach to better serve the state’s diverse population. Business Roundtable 3:00-4:00 pm In-house legal departments face a constant need to innovate and find ever more cost effective methods of dispute resolution. The nature of business conflicts arising out of increasingly complex business relationships amplify the pressure to innovate and deliver savings to the bottom line. This panel of leading general counsel from companies with well-established reputations for proactive, effective dispute resolution processes will address the impact of rising constraints on access to courts on their business. In addition, the panel will address the ways in which they have succeeded in embedding dispute resolution as an “integral,” as opposed to “alternative,” element of the business legal process and discuss specific elements of that process that they have found to be most effective. Moderator: Gardner G. Courson Partner Taylor English Duma LLP
Arbitration has long been the go-to dispute resolution process for international transactions, but mediation is fast becoming an important tool in the international context as well. This panel will address differing approaches to arbitration issues and emerging issues in managing cross-border disputes, such as the effect of the new CEITAC rules, the ongoing impact of the implementation of the EU Mediation Directive, and other late-breaking concerns. Moderator: Catherine M. Amirfar Partner Debevoise & Plimpton LLP Cocktail Reception 6:00-7:00 pm CPR Awards Dinner 7:00-9:00 pm
“As an outside counsel focused on international disputes, I see the high value-add that CPR is bringing to the discussion. Through its several initiatives, such as its forthcoming 21st Century Corporate ADR Pledge and online dispute resolution work, it is driving change and making people think about how to continually improve their dispute processes.”
José I. Astigarraga Astigarraga Davis
“CPR membership is the most cost-effective method of achieving excellence in dispute resolution, delivering substantive expertise and practical tools at a fraction of the cost and time of developing them independently.” David Burt Corporate Counsel DuPont
DAY 2: Friday, January 18, 2013 Breakfast 8:00-9:00 am
much cost upon litigants and taxpayers alike.” In the intervening time, burdens and costs have only increased, while resources have not only failed to keep pace, but have been substantially reduced. This dynamic and distinguished panel of prominent jurists will focus on challenges facing today’s courts, discuss the potential for dispute resolution to reduce the burden on the courts and address innovative and practical steps that may be taken to achieve that potential outcome.
Welcome 9:00-9:15 am Keynote Speaker 9:15-10:15 am Justice Carlos R. Moreno Of Counsel Irell & Manella LLP Justice Carlos Roberto Moreno’s career exemplifies a lifetime of service to justice. in state and federal courts. Following judicial service in the Municipal Court, Compton Judicial District, and in Los Angeles County Superior Court, in 1998 he was confirmed to the United States District Court for the Central District of California after being nominated by President Bill Clinton. In 2001, he was appointed to the Supreme Court of California by Gov. Gray Davis and was twice confirmed in that position by California voters. Throughout his career, Justice Moreno has been honored for the exceptional quality of his public service, both on and off the bench. In 1997, he received the Criminal Justice Superior Court Judge of the Year Award from the Los Angeles County Bar Association. In 2002, Southwestern University School of Law awarded him an honorary degree for his devotion to the justice system, young people and the community. In 2009, he was awarded the Yale Medal, which “is the highest award presented by the Association of Yale Alumni and is conferred solely to recognize and honor outstanding individual service to the University.” In the same year, the AP reported that President Barack Obama was considering Justice Moreno for nomination to replace Justice Souter on the United States Supreme Court. Upon his retirement from the bench, he was described in the press as “leaving behind a legacy of decency.” That legacy continues with his work as a member of the California Commission on Access to Justice, a panel that addresses methods to improve access to courts by the poor. Justice Moreno is currently of-counsel at Irell & Manella, where his practice is focused on ADR and arbitration as well as complex commercial litigation. His keynote speech will address the challenges faced by the courts, the potential for dispute resolution to alleviate the burdens on the court, and the need for dispute resolution to embrace new approaches in order to live up to that potential. Judicial Panel 10:15-11:45 am Almost 30 years ago, Judge Jon O. Newman wrote: “Whether we have too many cases, or too few, or even, miraculously, precisely the right number, there can be little doubt that the system is not working very well. Too many cases take up too much time to be resolved and impose too
Moderator: Hon. Vaughn R. Walker (Ret.) Former Chief Judge of the U.S. District Court for the Northern District of California Coffee Break 11:45 am -12:15 pm Specialized Tracks 12:15-1:15 pm Track 1—DuPont-CPR ADR Counsel Workshop Part one in a series targeted at assisting practitioners to work through specific issues that arise as they play a critical role in the dispute resolution process. This session will provide an overview of such issues and focus on the first step of dispute resolution as an ordinary business process: identification of the key elements that must be addressed to develop appropriate dispute resolution clauses and processes targeted to the company’s needs. These sessions will be based on the “DuPont-CPR Corporate Global ADR Guide” and will incorporate existing CPR tools such as CPR’s new “ADR 101” web-based in-house guide. Moderators: David Burt Corporate Counsel DuPont Jack P. Levin, Esq. Arbitrator & Mediator Track 2—Mediation and Arbitration—Timing is Everything—When and How to Mediate Effectively Timing plays a critical role in mediation’s effectiveness and affects not just the mediation itself, but the process by which the parties arrive at mediation. This panel will explore and address the elements that are necessary to successful mediation, processes for coordinating the development of those elements with any court-annexed dispute resolution processes, processes for developing independent approaches to mediation, the role of the mediator in identifying gaps and barriers to resolution and moving the parties beyond such barriers, and the role of in-house counsel in preparing the client to be able to take advantage of opportunities when they arise. Moderator: Kirke Hasson Partner Pillsbury Winthrop Shaw Pittman LLP
DAY 2: Friday, January 18, 2013 Track 3—Industry—Technology and Innovation in Dispute Resolution
scholars, legal advocates and advocacy groups, regulators and the dispute resolution community.
Technology has transformed every field, from medicine to entertainment to finance -- but arbitration still pretty much works in the same way it always has. We are now on the cusp of new technologies completely changing the field of dispute resolution. Technology has the potential to restore the original promise of arbitration: faster, more efficient, streamlined resolution processes for less cost. Technology also makes dispute resolution in general possible at much lower price points. This panel will address innovative uses of technology to transform dispute resolution, including discussion of the recent developments at UNCITRAL regarding online arbitration, and demonstration of new online arbitration systems.
Moderator: Prof. Thomas J. Stipanowich Professor of Law Pepperdine University School of Law
Moderator: Colin Rule Chief Executive Officer Modria.com Lunch and Announcements 1:15-2:30pm Specialized Tracks 2:30-4:00pm Track 1—DuPont-CPR ADR Counsel Workshop The second in a series targeted at assisting practitioners to work through specific issues that arise as they play a critical role in the dispute resolution process. This panel of neutrals and in-house counsel with extensive experience in resolution of complex disputes will facilitate an interactive discussion on the essential elements to laying the foundation for a successful dispute resolution process, including tailoring the process to the needs of the dispute and client preparation. Moderators: David Burt Corporate Counsel DuPont Jack P. Levin, Esq. Arbitrator & Mediator Track 2—Mediation and Arbitration—Follow-up to Pepperdine Roundtable The intense debate over pre-dispute arbitration agreements in contracts involving consumers and employees continues. Recent U.S. Supreme Court decisions appear to dramatically limit judicial oversight of such agreements under state law. Congress has passed several laws limiting the use of arbitration provisions in some settings and authorized the Consumer Financial Protection Bureau and Securities & Exchange Commission to consider the future role of arbitration in various consumer contract settings. This panel explores the latest developments, including key federal and state court decisions, the status of regulatory efforts, and a National Roundtable aimed at promoting constructive dialogue among
Track 3—Industry—Biotech/Pharmaceutical Complexity is the norm in the pharmaceutical and biotech industries and that complexity permeates not just the science, but the issues, relationships and disputes that are an integral part of these industries. This panel of inside and outside counsel from leading companies will address challenges and innovative techniques used in the biotech/ pharmaceutical industry sectors to address resolution of high-impact claims in areas such as product liability, marketing and intellectual property. Moderator: Mary Beth Cantrell Senior Associate General Counsel Amgen Inc. Coffee Break 4:00-4:30 pm Ethical Issues in Mediation and Arbitration 4:30-6:00 pm Based on case studies prepared for this session, the audience will have the opportunity to interactively delve into fundamental ethical issues faced in mediation and arbitration, including conflicts of interest, confidentiality and bias issues. Moderator: Robert A. Holtzman (Ret.) Of Counsel Loeb & Loeb Y-ADR 4:30-6:00 pm This workshop, designed for attorneys 45 years old and younger or with less than 8 years of practice experience, will enable participants to more effectively manage client relationships. Marjorie Corman Aaron, author of Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities, and a panel of prominent corporate counsel will draw upon recent social science research and the experiences of leading ADR practitioners, translating them into plain language relevant to legal practice and client counseling. Participants will also have the opportunity to network with their peers, as well as leading General Counsel, top attorneys and international arbitration and mediation experts at that evening’s cocktail reception at Evans Garage. Cocktail Reception at Evans Garage 6:30-8:30 pm Join CPR and its guests for a not-to-be-missed cocktail reception at Evans Garage, a private museum featuring a rare collection of world-class vintage and classic automobiles. Click here for a glimpse at this spectacular venue!
DAY 3: Saturday, January 19, 2013 Mediation Committee Breakfast Meeting 8:00-9:30am
Below is a selection of companies that have sent representatives to recent CPR Meetings:
CPR’s Mediation Committee will facilitate a dynamic discussion among leading corporate counsel, neutrals, and practitioners regarding the opportunities and challenges presented by the med/arb approach to dispute resolution.
AIG/Chartis Abbott Laboratories Amgen Inc. CIGNA Corporation ConocoPhillips DecisionQuest Deloitte DuPont Ernst & Young ExxonMobil Corporation Fluor Corporation FTI Consulting General Electric Company GlaxoSmithKline Georgia-Pacific Corporation
Patent Mediation Task Force Breakfast Meeting 8:00-9:30am CPR’s Patent Mediation Task Force will sponsor an open discussion of the findings resulting from a series of focus groups on how to improve Patent Mediation. Client Science Workshop 9:30 am-12:00 pm In this remarkable session, Marjorie Corman Aaron, author of Client Science: Advice for Lawyers on Counseling Clients through Bad News and Other Legal Realities, will conduct a workshop designed to enable participants to more effectively deal with the always difficult task of delivering “bad news,” which will result in better informed and thus more satisfied clients. The workshop will incorporate applicable social science research and insights, translating them into plain language relevant to legal practice and client counseling. Ms. Aaron’s book has been described as a “’must read’ for lawyers who want to communicate more effectively with their clients and create more productive relationships” and this workshop offers inside and outside counsel seeking to improve such skills a unique opportunity benefit to from her work.
Reasons to Attend ATTENDEE BENEFITS CPR’s Annual Meeting includes numerous networking opportunities, as well as highly interactive sessions designed to spark lively debate on topics at the forefront of legal reform. Attendees will: • acquire innovative ADR strategies and benchmark best practices; • gain valuable insight regarding current trends in commercial dispute resolution; and • develop new contacts by establishing strong business connections. CPR’s Meetings are exclusive events limited to 200 people. CPR brings together the world’s most innovative thinkers in the ADR field.
IBM Irvine Company ITT Corporation Johnson & Johnson JPMorgan Chase Liberty Mutual Group Morgan Stanley Nestlé Northeast Utilities Olin Corporation Peabody Energy Pfizer Inc. PricewaterhouseCoopers LLP Shell Group Toro Company
Earn Credits Attendees are eligible for up to 13.5 CLE credit hours, including 1.5 Ethics and 1 Diversity!
Questions Please contact Dana Massarsky +1.646.753.8231 email@example.com
“Participation in CPR’s meetings has enabled me to acquire innovative ADR strategies and gain valuable insight regarding current trends and practices in dispute resolution.” Barbara E. Daniele Senior Vice President & General Counsel GE Capital, Americas
Advanced Mediator Training & CLE Advanced Mediator Training The course is intensive and interactive, and designed for people who have had previous training or experience in basic skills of mediation. The course focuses on the skills needed to reach agreement in the latter stages of mediation, as well as on handling difficult situations in commercial, employment, and public policy mediations. Each participant will have the opportunity to mediate a complete scenario, with feedback from two experienced mediators and teachers of mediation. When: Wednesday & Thursday, Jan 16 -17, 2013 Time: 9:00 am-5:30 pm – Lunch provided. Location: The Lodge at Torrey Pines 11480 North Torrey Pines Road La Jolla, California 92037 Price: $1995 CPR Members $2195 others Dress: Business Casual CLE Credits: 15 NY CLE This course is non-transitional. An Application for California CLE is being submitted (applies to Mediator training only) Spaces Limited This course is being held concurrently with the first day of CPR’s Annual Meeting. Trainees are welcome to attend the Thursday evening cocktail reception and Awards Dinner (included in price of training). Trainees may also attend the Friday Annual Meeting session of the CPR 2013 Annual Meeting for an additional $750. Please add to your remittance (includes Friday night cocktail party) to your payment. Register and learn more at www.cpradr.org or contact Anne Ferguson at firstname.lastname@example.org
Continuing Legal Education for Annual Meeting Earn Credits Attendees are eligible for up to 13.5 CLE credit hours, including 1.5 Ethics and 1 Diversity! The CPR Institute has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York [July 14,2010 through July 13, 2013]. CPR is a nonprofit organization. Under financial hardship guidelines, at its discretion, CPR may waive the fee for attorneys who demonstrate that they are not currently employed (not retirees). CPR may also provide a special discounted price to attorneys, full-time judges and administrative law judges practicing in the nonprofit and public sectors full time. Email email@example.com for information. California CLE Forthcoming
“I always look forward to the CPR meetings to learn and discuss the newest developments in ADR and dispute management.” PD Villarreal Senior Vice President, Global Litigation GlaxoSmithKline
“CPR excels at helping companies like ours find and use the right tools to avoid or resolve disputes in a proactive, strategic way.” Steve Aeschbacher Associate General Counsel Microsoft Corporation
Registration & Venue Full Registration Fees: CPR Member: Member-Only Value Rate*: $1,095* Early Bird Rate**: $1,295** Standard Rate $1,495 Panelist: $1,470 Non-Member: Early Bird Rate**: $1,570** Standard: $1,970 Speaker: $800 Spouse/Guest: (Thursday’s cocktail reception/awards dinner and Friday’s cocktail reception) $400 Y-ADR: (Session & Cocktail Only) $125 * Member-Only value Rate will end on October 17, 2012. **Early Bird Rate ends on November 9, 2012. One-Day Rate (50%) CPR Member: Member-Only Value Rate* : $547* Early Bird Rate**: $647** Standard Rate: $747 Panelist: $735 Non-Member: Early Bird Rate**: $785** Standard: $985 Speaker: $400 Spouse/Guest: (Thursday’s cocktail reception/awards dinner and Friday’s cocktail reception) $200 Y-ADR: (Session & Cocktail Only) $125 * Member-Only value Rate will end on October 17, 2012. **Early Bird Rate ends on November 9, 2012. Not a CPR Member? Join CPR today and save up to $875 per registrant. Call CPR’s Membership Department at +1.646.753.8225 for more information
Cancellation and Substitution Policy If you have registered but are unable to attend, you may substitute another employee from your company/firm at no additional charge. Please send written notification of this change to Dana Massarsky at firstname.lastname@example.org. The cancellation fees will be enforced as follows:
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On or before December 10, 2012, a 75% refund will apply. On or before January 2, 2013, a 50% refund will apply After January 2, 2013, no refunds will be provided.
Venue and Accommodations THE LODGE AT TORREY PINES For the first time, CPR’s Annual Meeting will be held at The Lodge at Torrey Pines in La Jolla, located on the Southern California coastline just 20 minutes from downtown San Diego and the San Diego International Airport. For attendees needing overnight accommodations, a block of rooms has been reserved at the special CPR rate of $285/night, plus taxes (a nearly 50% discount over the Lodge’s standard Signature room rate of $545/night). All guest rooms include complimentary high-speed internet access and free admission and use of the pool, fitness center and spa facilities. Special! In acknowledgement of the holiday weekend, the hotel has also offered this special $285 rate (per room, per night, plus taxes) for guests wishing to extend their stay through Monday. The Lodge at Torrey Pines authentically reflects the California Craftsman style of architecture and boasts stunning Pacific Ocean views. The hotel sits adjacent to the famed Torrey Pines Golf Course and is a short walk from the Torrey Pines State Reserve and minutes from some of the most pristine beaches in Southern California. Visit www.lodgetorreypines.com to learn more about this spectacular venue. Nearby attractions also include the famed Del Mar Racetrack, Stephen Birch Aquarium, La Jolla Playhouse, Museum of Contemporary Art, and the boutiques, galleries and restaurants of La Jolla and Del Mar. San Diego’s Sea World, Zoo, Gaslamp District and other attractions are also a short drive from the Lodge. Should attendees and their guests be interested in taking advantage of the Lodge’s full-service spa, golf packages, guided nature hikes and other local attractions, the hotel’s concierge would be happy to help you make those arrangements. Please call The Lodge at Torrey Pines directly at +1.858.453.4420 for more information or to make reservations. Hotel Information: The Lodge at Torrey Pines 11480 North Torrey Pines Road La Jolla, California 92037 Telephone: +1.858.453.4420 Website: www.lodgetorreypines.com *Hotel accommodations and transportation are the responsibility of the attendee.
CPRâ€™s Major Donors FY2011-2012 CPR gratefully acknowledges the generous support of its Major Donors for the Fiscal Year 2011-12.
The Lodge at Torrey Pines
See more photographs of The Lodge and surrounding areas at http:// www.lodgetorreypines.com/resort.php#page=page-1
International Institute for Conflict Prevention & Resolution 1.212.949.6490 Fax 1.212.949.8859 www.cpradr.org