TABLE OF CONTENTS FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS

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1 ALI-ABA Topical Courses Choosing a Special Master: Advice on Using Judicial Adjuncts in Civil and Criminal Cases May 26, 2010 Telephone Seminar/Audio Webcast AGENDA FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS TABLE OF CONTENTS 1. Appointing Special Masters and Other Judicial Adjuncts: A Handbook for Judges and Lawyers, Second Ed. (2009) By the Academy of Court-Appointed Masters Page ix xi xiii 1 vii

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3 ALI-ABA Topical Courses Choosing a Special Master: Advice on Using Judicial Adjuncts in Civil and Criminal Cases Wednesday, May 26, 2010 Telephone Seminar/Audio Webcast PROGRAM (All Times Eastern Daylight) 1:00 pm Choosing a Special Master --Panel Discussion --Audience Questions (submitted via ) 2:30 pm Adjournment ix

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5 ALI-ABA Topical Courses Choosing a Special Master: Advice on Using Judicial Adjuncts in Civil and Criminal Cases Wednesday, May 26, 2010 Telephone Seminar/Audio Webcast PLANNING CHAIR Sol Schreiber, Esquire Milberg LLP 49th Floor One Pennsylvania Plaza New York, NY FACULTY (in no particular order) Judge Barbara J. Rothstein Federal Judicial Center Thurgood Marshall Federal Judiciary Building One Columbus Cir NE Washington, DC Hon. Richard Levie JAMS 1666 Connecticut Ave., N.W., Suite 500 Washington, DC Victoria (Tory) Brieant, Esquire Stroock & Stroock & Lavan LLP 200 S. Biscayne Blvd., Suite 3160 Miami, FL Professor Francis McGovern Duke University School of Law Box Corner of Science & Towerview Drives Durham, NC ALI-ABA Staff Producer: Harry Kyriakodis, Esquire xi

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He also supervised pretrial practice in derivative, class and complex actions in the admiralty, antitrust, aviation, securities, directors' and officers' and product liability fields. Mr.

7 Planning Chair FACULTY BIOGRAPHIES Sol Schreiber, Esquire Milberg LLP New York, NY Mr. Schreiber's practice areas at Milberg include consumer litigation, mass tort/environmental litigation, and securities litigation. From 1971 to 1978, he was a Magistrate Judge in the U.S. District Court for the Southern District of New York, where he conducted more than 1,500 criminal and 3,500 civil pretrial hearings and settled approximately 1,000 civil cases. He also supervised pretrial practice in derivative, class and complex actions in the admiralty, antitrust, aviation, securities, directors' and officers' and product liability fields. Mr. Schreiber later served as Special Master in the Pan American Lockerbie cases, the Agent Orange Litigation, and a series of other complex federal civil cases; he is presently Court-Appointed Special Master in Marcos Human Rights Litigation. Mr. Schreiber was President and CEO of a unit of the Federation of Jewish Philanthropies of New York from 1978 to He was Reporter of the ABA Advocacy Task Force that led to the formation of the National Institute for Trial Advocacy. From 1972 to 1987, he was an Adjunct Professor at Fordham Law School teaching courses in trial advocacy, product liability, mass torts and insurance disputes. Mr. Schreiber has been a frequent lecturer at professional programs and workshops on federal and state court civil procedure, federal and state court trial evidence and federal criminal practice and procedure. Since 1960, he has been the Planning and Program Chairman of more than 125 national programs for both ALI-ABA and PLI on evidence, civil practice and employment discrimination litigation in federal and state courts. He has been editor for more than 40 CLE course handbooks and major publications on civil practice and litigation, including ALI-ABA's Civil Practice and Litigation Techniques in the Federal Courts series. Mr. Schreiber is the recipient of ALI-ABA's Francis Rawle Award for outstanding achievements in post-admission legal education and the Presidential Award of the Legal Aid Society. Faculty (in no particular order) Judge Barbara J. Rothstein Federal Judicial Center Washington, DC A U.S. District Judge for the Western District of Washington, Judge Barbara Jacobs Rothstein is the ninth director of the Federal Judicial Center. She was appointed a U.S. district judge in 1980 and served as chief judge of the Western District of Washington from 1987 to 1994, presiding over many complex and controversial criminal and civil cases. Prior to her appointment to the federal bench, Judge Rothstein served as a King County Superior Court judge for the State of Washington and practiced law with a private firm in Boston, Massachusetts, and with the Consumer Protection and Antitrust Division of the Washington State Attorney General s office. A graduate of Cornell University and Harvard Law School, Judge Rothstein has also taught trial practice at the University of Washington Law School. She serves on the National Historical Publications and Record Commission; the Judicial Advisory Board of the American Society of International Law; the Sedona Conference Judicial Advisory Board, and the Board of the Rule of Law Initiative of the American Bar Association. xiii

Victoria (Tory) Brieant, Esquire Stroock & Stroock & Lavan LLP Miami, FL Ms.

companies, the financial services industry, hospitality industry, healthcare industry and computer service industry.

ink jet printer cartridge markets, and other mechanical patents), Lanham Act and various State law unfair competition, trade secret and employment claims. Ms.

8 Victoria (Tory) Brieant, Esquire Stroock & Stroock & Lavan LLP Miami, FL Ms. Brieant has more than 25 years of experience in litigation, with a broad range of complex commercial litigation, arbitration and alternative dispute resolution, involving alternative energy companies, the financial services industry, hospitality industry, healthcare industry and computer service industry. She has litigated fraud, breach of contract and fiduciary duties, antitrust, copyright, trademark, trade dress, patent infringement (offensive and defensive cases in the nutritional supplement and ink jet printer cartridge markets, and other mechanical patents), Lanham Act and various State law unfair competition, trade secret and employment claims. Ms. Brieant has also handled the patent enforcement for a number of clients, including licensing, formation of strategic partnerships and litigation. She also has extensive experience with foreign discovery, including Europe and Japan, and e-discovery. Prior to joining Stroock, Ms. Brieant was a partner with Coudert Brothers LLP, where she served as administrative and hiring partner for the firm's San Francisco office and was a member of the firm s antitrust/intellectual property practice group. Hon. Richard Levie (Ret.) JAMS (The Resolution Experts) Washington, DC A Mediator/Arbitrator, Special Master and Case Evaluator for JAMS since 2004, Judge Levie mediates, arbitrates, and serves as a case evaluator in a large variety of complex business and commercial disputes, including: insurance, healthcare, technology, contracts, professional liability, tort, antitrust, executive compensation, franchising, partnership product liability, patent, ERISA, accounting, bankruptcy, telecommunications, employment, class actions, and construction cases. He has more than three decades of experience handling complex business and related cases as a litigator, judge, and neutral. As a mediator, Judge Levie draws on his professional experiences, creativity, and tenacity to work exhaustively with parties and counsel to reach a resolution. As an arbitrator, he works with counsel to develop a comprehensive case management order that is appropriate to the particular dispute. He then guides proceedings in an efficient, expeditious, and cost-effective manner towards hearing and decision. Judge Levie has served on the faculties of the National Judicial College, National Institute for Trial Advocacy, the Attorney General s Advocacy Institute, and the Trial Advocacy Workshop at Harvard Law School. Professor Francis McGovern Duke University School of Law Durham, NC In the late 1970s and early 1980s, Professor McGovern was among the first in the nation to write about and to use alternative dispute resolution techniques to avoid or to improve the litigation process. Decades later, the federal judiciary, many state courts, and institutions around the world, such as the United Nations, all seek his guidance on practical and conceptual issues in dispute resolution. As a courtappointed special master or neutral expert, he has developed solutions in most of the significant mass claim litigation in the U.S., including the DDT toxic exposure litigation in Alabama, the Dalkon-Shield controversy, and his current work involving the silicone gel breast implant litigation. Professor McGovern pioneered new roles for court-appointed special masters as "case managers" and "settlement masters." As a case manager, he organizes the pretrial administration of a case, and uses ADR techniques to help the parties agree on efficient discovery approaches and schedules. Professor McGovern is widely sought as a teacher, but not only by students enrolled in law school. In addition to carrying a full load of classes, he has given over 50 speeches in the last two years to academics, judges, and lawyers on issues ranging from international dispute resolution to an update of the law of product liability. xiv

ALI-ABA Topical Courses Employment Law Series Fair Labor Standards Act: Coverage Issues February 23, 2010 Telephone Seminar/Audio Webcast

ALI-ABA Topical Courses Employment Law Series Fair Labor Standards Act: Coverage Issues February 23, 2010 Telephone Seminar/Audio Webcast PROGRAM FACULTY PARTICIPANTS FACULTY BIOGRAPHIES STUDY MATERIALS