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Successfully Working with Special Masters for Maximum Results
A C o m p l i m e n t a r y C L E W e b i n a r + T u e s d a y O c t o b e r 2 8 , 2 0 1 4 + 1 p m E T
H B L i t i g a t i o n C o n f e r e n c e s p r e s e n t s
Our Speakers
Roger Haydock Pro fessor o f Law Wi l l i am Mi tche l l Co l lege o f Law Professor Roger Haydock is a nationally and internationally known special master, trial lawyer, and author. He has served as a special master and mediator in over 500 federal and state court cases including billion dollar disputes. He has authored over 50 books and treatises on trial advocacy, civil practice, discovery, motions, and arbitration. He is the founder and first president of the Academy of Court Appointed Masters. Professor Haydock currently teaches at the William Mitchell College of Law
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About the Academy of Court Appointed Masters ACAM is an organization of experienced masters who serve in federal and state courts. The Academy's mission is to provide judges, lawyers, and others with information regarding the effective use of masters. Any professional who has been appointed a master by a judge may join.
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Our Speakers
Jona than Redgrave Par tner Redgrave LLP Jonathan Redgrave has extensive experience in all areas of complex litigation in both state and federal courts and focuses his practice in the areas of information law, which include electronic discovery, records and information management, and data protection and privacy issues. He has authored, co-authored, and edited numerous publications, including serving as Editor-in-Chief of “The Sedona Principles®,” and speaks around the world on topics including cross-border discovery, information governance, privacy, data security, and emerging technologies.
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Our Speakers
Pau la Render Par tner Jones Day Paula Render is an antitrust litigator, defending clients in class actions and other cases against claims of price-fixing, market allocation, refusals to deal, price discrimination, tying, and other antitrust claims. She also litigates merger challenges brought by the antitrust enforcement agencies. She was part of the leadership of the litigation team that represented American Airlines in the Department of Justice's attempt to block AA's merger with US Airways. Her recent victories include winning summary judgment dismissing all antitrust claims in a monopolization case on behalf of 3D Systems, Inc., a 3D printing pioneer; successful defense in the Fifth Circuit of summary judgment in a group boycott case, including arguing the appeal for all defendants; and denial of class certification in a state court antitrust conspiracy lawsuit, on behalf of Arctic Glacier, Inc.
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Our Speakers Char les Z immerman Par tner Z immerman Reed
Bucky Zimmerman, one of two founding partners of Zimmerman Reed, is a nationally recognized leader in complex and class action litigation. He frequently speaks at industry conferences as well as CLE's. During more than 30 years of practice, Bucky has successfully represented thousands of clients through individual actions and nation-wide class actions in significant and demanding cases involving the tobacco industry, defective drug cases, and shareholder suits. He currently serves on the Lead Counsel Committee for the Stryker Hip Litigation, was appointed to the Plaintiffs' Steering Committee in the NFL Players' Concussion Injury Litigation, and is Lead Counsel representing banks in the Target Data Breach case.
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Today’s Moderator
Hon. Richard A. Levie (ret.) JAMS - The Resolution Experts
Richard Levie is a retired judge of the DC Superior Court where he was an associate judge for 15 years. He is now working with JAMS as a special master, mediator, arbitrator and case evaluator. Some of Judge Levie's current special masterships include the federal government's suit against the tobacco companies, a $33billion qui tam False Claims Act case and several related health care antitrust cases. Some of his past cases included the antitrust merger cases between DOJ and AT&T/T-Mobile and American Airways/US Airways and a criminal case. He is past president and current board member of the Academy of Court-Appointed Masters.
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Criteria for suggesting use of a Special Master
• Size/Complexity of case • Anticipated Disputes: discovery, privilege,
ESI • Time sensitivity • Need to prompt access to decision-maker • Lack of judicial accessibility due to press
of other business or other reasons • Instances of no need for Special Master
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Qualifications
• Experience: – Subject matter – Case management – Privilege – ESI
• Reputation for ability to make decisions • Commitment & time to devote to case
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Timing of Appointment
• Dependent on timing/stage of case? • Other factors that might influence timing? • Will there be separate Special Masters for:
settlement, discovery/CM, ESI? – May a single Special Master ethically play
more than one role?
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Finding a Special Master
• Sources: – ACAM – Colleagues – Court panels
• Interviewing candidates – Jointly – Rates – Experience – References
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Mechanics of Appointment
• Requirements of F.R.Civ.P. 53 • Sample appointment orders
(courtappointedmasters.org) • Input of proposed Special Master
candidate concerning appt order • Communications between the court &
Special Master and between Special Master & the parties
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Using the Special Master Effectively
• Creating the CMO • Meeting with the parties • Word limits on motion papers • Use of preliminary findings • Non-appealable Special Master rulings
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Other Ethical Issues Related to Use of Special Masters
• When are ex parte communications with the parties proper? When not?
• What contacts by the master with the appointing judge are proper?
• What communications by a party with a master are properly confidential?
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QUESTIONS
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Thank you!
Roger Haydock Professor of Law
William Mitchell College of Law 952-906-9700
Hon. Richard A. Levie (Ret.) JAMS - The Resolution Experts
Washington, DC 202.533.2056
Jonathan Redgrave Redgrave LLP Chantilly, VA 703.592.1155
Paula W. Render Jones Day Chicago, IL
312.269.1555 [email protected]
Charles Bucky Zimmerman Zimmerman Reed Minneapolis, MN
612.341.0400 [email protected]
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