JUDGE JUDITH O. HOLLINGER ADR PROGRAMUSC–JAMS ARBITRATION INSTITUTE

Advanced Arbitration AcademyAugust 8-12, 2016 | USC Gould School of Law | Los Angeles, CA

Designed for early career arbitrators or those who desire to refresh their skills, as well as for arbitration advocates, the 5-day Institute provides an opportunity to study in depth the arbitration process and best practices in complex commercial and consumer arbitrations. The faculty of highly experienced and respected arbitrators and advocates will conduct interactive sessions intended to improve your knowledge of arbitration law and procedure and your skill in handling the difficult and sometimes subtle issues that may arise in the course of an arbitration. Practical exercises will address development of written orders, awards and other documents, and each segment will be accompanied by useful forms, outlines, examples of actual orders and other case materials as well as comprehensive references to applicable statutes, rules and case law. The topics and exercises will be addressed from the perspective of the advocate and the arbitrator.

Eligible participants will receive a Certificate of Completion. California MCLE credits will be available for attorneys.

RegistrationGeneral Admission: $2450 ($2950 after July 1, 2016)

Group Discount (2 or more): $1950 ($2450 after July 1, 2016)

Active Judges: $1950 | Government and Non-profit: $1950

We wish to thank our partnering organizations for this program,whose members are eligible for the group discount.

Program details and faculty are listed on the following pages.For more information about the program please contact Dr. Jack R. Goetz, Esq.

with USC Gould School of Law at jgoetz@law.usc.edu.

Location and Hotel InformationSpend part of your summer in the moderate climate of Los Angeles (high forecast to be 84 degrees, low 64 degrees) with our faculty and dozens of your colleagues. For those of you traveling from out of town, a block of rooms has been reserved at the Radisson Los Angeles Midtown at USC, where you can enjoy services like free high-speed Internet access, a 24-hour business center, on-site dining at your choice of two restaurants and a lounge. The hotel is conveniently located just a short walk from the Gould School of Law. The hotel also offers an outdoor swimming pool, a fitness center and a gift shop. For more information about the Radisson, including pictures, visit their website: www.radisson.com/los-angeles-hotel-ca-90007/cafiguer.

Radisson Los Angeles Midtown at USC3540 South Figueroa Street | Los Angeles, CA 90007

If you plan to stay at the Radisson Los Angeles Midtown at USC, you will need to make your own reservations by calling (800) 333-3333 or visiting www.radisson.com and entering your reservation using the code “JAMS.” The discounted room rate is $179 plus tax per night. Parking is also available for an additional $22 per night with in-and-out privileges. The name of the event is USC–JAMS Arbitration Institute and the available dates are Sunday, August 7, to Friday, August 12. If you desire to stay longer than the block dates, please make reservations through the hotel directly by calling (213) 748-4141.

Any other questions about hotel accommodations can be directed to Wendy Wiley Willett in the USC Gould School of Law Continuing Legal Education Office at (213) 821-3579.

Program Schedule Monday, August 8

8:30 AM Registration | 9:00 AM – 4:30 PM Program(Break refreshments and lunch provided)

● Introduction to the Law of Arbitration ● Arbitration Clause Drafting

♦ Legal principles ♦ Creating an arbitration clause/submission agreement ♦ Choosing the process ♦ Clause drafting exercise

● Arbitrability (overview) ♦ Commercial arbitrations ♦ Consumer and employment arbitrations ♦ Dealing with court orders compelling arbitration

● Compelling and resisting arbitration; stays (state-federal differences)

● Pleadings in arbitration ● Administrative issues

♦ Institutional arbitrations• Intake• Arbitrability• Venue

♦ Non-administered arbitrations ♦ International differences ♦ Special issues for consumer and employment cases

• Statutory requirements• Policy issues• Minimum standards (AAA/JAMS)

4:30 – 6:30 PM Welcome Reception All participants are invited to a cocktail reception hosted by USC–JAMS Arbitration Institute

Tuesday, August 9

9:00 AM – 4:30 PM Program(Break refreshments and lunch provided)

● Selection and Appointment of Arbitrators ♦ The role of institutions ♦ The role of courts ♦ Non-administered arbitrations

● Party arbitrator practice ♦ Law and practice ♦ Ethics ♦ Tripartite arbitration practice

● Disclosure and disqualification ♦ Law and practice ♦ Disclosure (hypotheticals) ♦ Continuing disclosure (hypotheticals) ♦ Disqualification procedure (institutional/non-

administered) ♦ Disqualification of counsel

● Ethical issues for arbitrators ♦ Confidentiality ♦ Med-arb ♦ Communication with the Panel ♦ Independent research ♦ Marketing/advertising

Wednesday, August 10

9:00 AM – 4:30 PM Program(Break refreshments and lunch provided)

● Managing the Arbitration — Part I ♦ Emergency relief ♦ Preliminary conferences

• Preparation• Conducting the preliminary conference• Writing exercise – Order No. 1

♦ Structuring the case• Bifurcation of issues• Expedited processes

♦ Arbitrability• The law• Hypotheticals • Writing exercise

♦ Provisional relief ♦ Information exchange generally ♦ Discovery

• Document exchange• Depositions• Other forms of discovery• E-discovery tutorial• Subpoenas (discovery)• Subpoenas (third party)• Obtaining testimony from parties who cannot be

compelled to attend the hearing• Discovery sanctions

♦ Motion practice• Dispositive motions• Other motions

Institute SpeakersRichard Chernick, Co-chair

Richard 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.

Barbara A. Reeves, Co-chair Barbara Reeves has been a full-time neutral with JAMS since 2006, following 30 years as a litigator and corporate counsel. Ms. Reeves is a fellow with the Chartered Institute of Arbitrators and the College of Commercial Arbitrators, and a former President of the Association of Business Trial Lawyers (Los Angeles Chapter).

Her practice focuses on commercial, health care, insurance coverage, employment, entertainment, intellectual property, technology, construction, and public law. She is an adjunct professor at USC Gould School of Law.

Thursday, August 11

9:00 AM – 4:30 PM Program(Break refreshments and lunch provided)

● Managing the Arbitration – Part II ♦ Final status conference ♦ Motions in limine ♦ Document issues ♦ Witness issues ♦ Setting the physical space

● Conducting the Hearing ♦ Time management ♦ The record ♦ Stipulated facts ♦ Use of demonstratives ♦ Opening statements ♦ Forms of testimony (in person/remote/depositions) ♦ Witness statements ♦ Rules of evidence ♦ Controlling the hearing ♦ Disruptive parties/counsel (and sanctions) ♦ Hearing in the absence of a party ♦ Controlling examination/cross-examination ♦ Experts ♦ Voluminous documents ♦ Advocacy ♦ Argument and briefing ♦ Closing the hearing ♦ Fees and costs

Friday, August 12

9:00 AM – 4:30 PM Program(Break refreshments and lunch provided)

● Award Writing Principles ♦ Remedial power of the arbitrator ♦ Scope of arbitration/arbitrability ♦ Interim awards ♦ Partial final awards ♦ Final awards ♦ Agreed awards ♦ Final offer “Baseball” and high-low arbitrations ♦ Offers to allow judgment (effect on awards) ♦ Injunctive relief and preserving jurisdiction ♦ Sanctions

● Award Writing Exercise ● Post-award issues

♦ Correction of awards by the arbitrator ♦ Appeal (internal) processes ♦ Res judicata and collateral estoppel ♦ Review of awards by the Institution (ICDR/ICC/JAMS

International) ● Court review of arbitration awards

♦ Confirmation ♦ Vacatur ♦ Enhanced review of awards (California) ♦ Shaping the standard of review ♦ Advocacy issues—confirming and vacating the award

Nancy AbellNancy Abell is a trial lawyer who represents employers in class, collective, representative and individual employment cases. A partner in the Los Angeles office of Paul Hastings LLP, Ms. Abell is a Fellow of the College of Labor and Employment Lawyers. In 2014, she was one of 50 lawyers recognized on The National Law

Journal’s inaugural “Litigation Trailblazers & Pioneers” list of professionals who have changed the practice of litigation through the use of innovative legal strategies. In 2010, Ms. Abell was named as one of the decade’s 40 most influential lawyers (one of three employment lawyers) by The National Law Journal.

Rebecca CallahanRebecca Callahan is on the mediation and arbitration panels of the American Arbitration Association and ADR Services, Inc., and also serves as a court-appointed referee handling discovery, accounting and valuation disputes. Her experience covers a broad spectrum of industries and subject matters.

Rebecca received her JD from Cal Berkeley (Boalt Hall) and her BA from USC. She earned an LL.M. in Dispute Resolution from Pepperdine University School of Law / Straus Institute, where she is an adjunct professor teaching Arbitration and Mediation. She is also on the Faculty of the American Arbitration Association University where she has taught numerous arbitration and mediation courses.

Zela ‘’Zee’’ G. ClaiborneZee Claiborne has successfully mediated and arbitrated thousands of cases covering the following areas: business and commercial matters, construction, engineering and infrastructure, employment, energy, intellectual property, professional liability, and real estate. She chairs and speaks often at arbitration trainings

such as the ABA Arbitration Institute and programs of the College of Commercial Arbitrators, and is also recognized as a Distinguished Fellow in the College of Commercial Arbitrators (Board of Directors). She is currently a neutral at JAMS.

Peter CollissonPeter Collisson has been an attorney for over 40 years and a commercial arbitrator for more than 35 years. He has arbitrated over 300 cases, and has served on the AAA Board of Directors for 12 years. He has also taught continuing education courses in a variety of arbitration-related topics for the AAA, CEB, and the Rutter

Group, and law school courses relating to arbitration at USC Gould School of Law and the Glendale School of Law.

Kathryn DicksonKathryn Dickson is repeatedly recognized as one of California’s top employment litigators. Most of her clients are individuals in employment discrimination, harassment, wrongful termination, and whistleblower actions, although she has also had notable success in several high-profile class action cases. Ms. Dickson

serves as a Court-appointed Early Neutral Evaluator and Mediator for the U.S. Federal Courts. In addition, she serves on the governing Council of the American Bar Association Labor & Employment Section and is a past Board Member of both NELA and CELA, the largest national and state organizations of lawyers representing employees.

Scott A. EdelmanScott Edelman is a partner in Gibson, Dunn & Crutcher’s Century City office. Mr. Edelman is a member of the firm’s Litigation Department and a Co-Chair of its Media, Entertainment and Technology Practice Group and the Transnational Litigation Practice Group. He is a fellow of the American College of Trial

Lawyers. The Daily Journal has ranked him as one of the top 100 lawyers in California, and he has been recognized as Attorney of the Year by the Recorder. He has authored numerous publications in the area of intellectual property and litigation.

Bruce A. FriedmanBruce Friedman began his neutral career in 2011 following 37 years as a trial lawyer handling cases in the areas of insurance, class action, professional liability, business, real estate, and entertainment. In 2013, Mr. Friedman was named by the Daily Journal as one of the top neutrals in California. He has also been

selected as a Southern California Super Lawyer in Alternative Dispute Resolution each of the last 3 years. He has also served as an arbitrator for the Independent Film and Television Alliance (IFTA) since 2013. He is currently a neutral at JAMS.

Malcolm A. HeinickeMalcolm Heinicke is a partner in the San Francisco office of Munger, Tolles & Olson. His practice focuses on employment and complex commercial litigation, national class and collective actions and employee mobility. In 2015, he was named one of California’s Top Labor & Employment Lawyers by the Daily

Journal for the seventh consecutive year. The Daily Journal pointed to Munger Tolles’ victory in a three-month class action arbitration on behalf of Service Employees International, Inc. (SEII) and affiliated government contractors, concluding a matter that had spent seven years in litigation.

Jules L. KabatJules Kabat is a founding partner of Russ August & Kabat. He acts as lead trial and appellate counsel for clients in complex business, real property, intellectual property and related matters, in courts and ADR proceedings in and beyond California. From 2009 to 2015, Mr. Kabat was recognized as a Super Lawyer by the publishers of Los

Angeles Magazine. In 2013, 2014 and 2015, he was recognized as a Southern California Top 100 Super Lawyer. Mr. Kabat is an Adjunct Professor of Law at USC Gould School of Law.

Richard R. MainlandRichard Mainland has an active practice as an arbitrator and mediator in Southern California. He has served on American Arbitration Association’s Large Complex Case Panel of Arbitrators since 1993, and is also a member of the AAA’s Panel of Mediators. Richard is a Fellow of the College of Commercial Arbitrators. He is

a member of the Arbitrator Panel of the International Centre for Dispute Resolution (ICDR) and is a member of the Panel of Distinguished Neutrals of the CPR International Institute of Conflict Prevention and Resolution Panel of Distinguished Neutrals, both in arbitration and mediation.

John (Jay) McCauleyJay McCauley is an arbitrator, mediator and arbitration consultant. He is a fellow of the Chartered Institute of Arbitrators (FCIArb) and the College of Commercial Arbitrators. He is an editor of the Fourth Edition of the College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration and a

contributing author of the Third Edition of that work. He has been a commercial arbitrator with the national roster of the American Arbitration Association since 1998, and on the roster of the International Centre for Dispute Resolution (ICDR).

Nathan O’MalleyNathan 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.

Jonathan W. PastorJon Pastor attended the USC Gould School of Law where he served on the Law Review, both as a member and on its Board of Editors. Mr. Pastor has practiced as a partner in a downtown law firm (Keatinge & Sterling, which became Fullbright Jaworski) and as in-house counsel at an NYSE company (Kaufman & Broad, Inc.)

in charge of all national and international litigation. He has been a member of the American Arbitration Association’s Panel of Commercial Neutrals since 2008.

Deborah Crandall SaxeDeborah Saxe was a litigator and appellate lawyer at Jones Day, Heller Ehrman, and Seyfarth Shaw for more than 30 years before becoming a full-time neutral. As an arbitrator, she is known to be fair, practical, unflappable, and not afraid to make tough decisions. She is a fellow of the Chartered Institute of Arbitrators, and has

been selected as a Southern California Super Lawyer in ADR since 2013. She is currently a neutral at JAMS.

Stephen StrickStephen Strick is a New York and Los Angeles based arbitrator and mediator who has served on numerous international and domestic ADR matters since 1982, when he was appointed to the American Arbitration Association’s Commercial Panel of Neutral Arbitrators. He currently sits on the ICDR’s International Panel of

Arbitrators and Mediators, AAA’s Commercial, Large Complex Case, the AAA/Federal Communications Commission and Mediation Panels, the CPR’s Panel of Distinguished Neutrals, the Independent Film and Television Alliance’s International Panel of Neutral Arbitrators and the New York Branch of the UK’s Chartered Institute of Arbitrators.

Edna SussmanEdna Sussman is an arbitrator and mediator of complex domestic and international disputes based in New York and is the Distinguished ADR Practitioner in Residence at Fordham Law School. Formerly a partner at White & Case LLP, she serves on many institutional arbitration panels around the world and as President of the

College of Commercial Arbitrators and on the Board and the Executive Committee of the American Arbitration Association.

Hon. Rebecca Westerfield (Ret.)Rebecca Westerfield has settled and arbitrated over 2,500 cases throughout the United States as well as internationally. A full-time JAMS panelist since 1992, she has arbitrated numerous medical and legal malpractice, construction, commercial, environmental and healthcare cases, as well as disputes regarding significant

attorneys fees. She has been selected as Best Lawyer, Alternative Dispute Resolution Category, Best Lawyers in America, 2008-2015.

About USC Gould School of LawUSC Gould is one of the nation’s top-ranked law schools with a 115+ year history and a reputation for academic excellence. We are known for our diverse student body, interdisciplinary education and our tight-knit alumni network of over 10,000 professionals throughout the globe. With entering JD class sizes of less than 200, the learning experience is intimate and collegial. Our location in Los Angeles provides unlimited opportunities in one of the world’s top legal markets. It is home to major entertainment, business and law firms, as well as a gateway to international markets.

About JAMSJAMS is the largest private alternative dispute resolution (ADR) provider in the world. With its prestigious panel of nearly 300 full-time neutrals, JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases – those in which the choice of neutral is crucial. JAMS panelists are retired judges and attorneys with proven track records who resolve disputes in virtually all areas of the law. JAMS handles an average of more than 13,000 cases per year in hearing locations throughout the world. Each year, JAMS conducts hundreds of complimentary ADR workshops and MCLE programs tailored to meet the needs and experience level of the specific audience.