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California Trial Evidence 2016

Speaker(s): Hon. Laurel Beeler, Honorable Jeffrey S. White, Honorable Tracie L. Brown, James R. Batchelder, Jennifer B. Bonneville, Julie Salamon, Karen Kimmey, Mark R. Conrad, Matthew J. Jacobs, Michael K. Ng, Richard C. Darwin, Robin G. Workman, Thomas J. Brandi
Recorded on: Oct. 27, 2016
PLI Program #: 150638

Judge Jeffrey S. White is a United States District Court Judge for the Northern District of California, Oakland Division.  Before his appointment to the bench 2003, Judge White was a partner and chair of the Litigation Department of Orrick, Herrington & Sutcliffe, in San Francisco, California.  Judge White has taught civil trial advocacy at the University of California, Berkeley Law, and Hastings College of the Law.  He received his J.D. at State University of New York at Buffalo School of Law in 1970.

Michael Ng is a highly accomplished trial lawyer who represents institutional clients in complex cross-border litigation.  Mr. Ng has litigated consumer and commercial cases, including those involving both federal and state false advertising, fraud or misrepresentation claims; and has represented both plaintiffs and defendants in federal antitrust actions.  In addition, Mr. Ng has defended clients in trademark, trade dress, copyright and trade secret matters, as well as related licensing and royalty disputes.

Prior to joining Kobre & Kim, Mr. Ng was partner and head of the intellectual property practice at Kerr & Wagstaffe LLP, where he litigated cases in state and federal courts throughout the United States, including those involving commercial disputes, false advertising and misrepresentation, unfair business practices, antitrust, and constitutional claims.  He began his private practice in New York with Paul, Weiss, Rifkind, Wharton & Garrison LLP, where his practice focused on commercial and antitrust matters.

Thomas J. Brandi has tried cases to verdict in 17 jurisdictions and has obtained numerous jury verdicts ranging from $1 million to $1 billion.  A lawyer for more than 30 years, in 1993 Brandi started his own firm, The Brandi Law Firm, representing plaintiffs in serious injury and mass tort cases.  He was Consumer Attorneys of California Trial Lawyer of the year in 2004 (also nominated in 2002 and 2012), a four time nominee for Trial Lawyer of the Year for the San Francisco Trial Lawyers Association, and Best Lawyers' 2013 Lawyer of the Year in San Francisco for personal Injury.  Brandi has been included in Best Lawyers in America since 1994 and in the top 100 attorney rankings of Super Lawyers since 2004 and in the Top Ten for 2013.  He is past president of the Consumer Attorneys of California and the San Francisco Trial Lawyers, a member of the International Academy of Trial Lawyers, American College of Trial Lawyers, American Board of Trial Advocates, and Litigation Counsel of America.  He is an adjunct Professor at the University of San Francisco Law School and was named USF School of Law Alumnus of the Year in 2009 and Adjunct Professor of the Year in 2010.

Julie Salamon is a partner at Arguedas, Cassman & Headley LLP, a criminal defense boutique in Berkeley, California. She practices in both federal and state court, and her caseload runs the gamut from complex white-collar securities, health care and fraud cases in federal court, to assault, drug offenses and various other felony and misdemeanor cases in state court.

Julie is also an experienced and effective advocate for students in Title IX investigations at colleges and universities, and recently published an article about how to successfully defend those accused in student conduct proceedings.

A Missouri native, Julie graduated from Oberlin College in 1995, and from Berkeley Law in 2000, where she was elected to the Order of the Coif. She clerked for The Honorable David F. Levi of the U.S. District Court for the Eastern District of California, and was a litigation associate at Farella Braun + Martel, before joining Arguedas, Cassman & Headley LLP in 2002.  In 2015, Julie was elected to the Board of Governors of California Attorneys for Criminal Justice. She is also a member of the American Constitution Society and the National Association of Criminal Defense Lawyers.

Karen Kimmey approaches business litigation with perspective gained from her significant experience in the courtroom. When a company’s future is at stake, she knows what matters and what doesn’t in a case, leading to effective and efficient resolution. Clients have praised her for her fierce courtroom advocacy, coupled with sound judgment and a sharp focus on their business objectives.

With experience representing both large and small businesses, as well as individuals, Ms. Kimmey handles a wide variety of commercial disputes, with particular emphasis on complex contract, fraud, unfair competition and negligence claims. She also has significant experience in class actions, intellectual property and products liability matters, defending clients in the biotechnology, software, manufacturing and entertainment industries. Ms. Kimmey is frequently called in to take over on matters from other law firms as they approach trial and require courtroom expertise.

Some of Ms. Kimmey’s recent experience includes:

  • Serving as national coordinating counsel in a series of products liability claims relating to residential gas delivery materials.
  • Obtaining a unanimous verdict in a three-week patent trial that upheld the validity of her client’s technology patents.
  • Obtaining full relief for a major biotechnology company in an arbitration of a technology licensing dispute, including an award of attorneys’ fees.
  • Serving as lead counsel to a real estate investor in complex, multi-state litigation involving claims of fraud, breach of fiduciary duty and violations of RICO.

Ms. Kimmey frequently speaks and writes about trial strategy and skills, often addressing the challenges that litigation poses for businesses. Her skill in business litigation in Northern California has been recognized repeatedly by Super Lawyers. Ms. Kimmey sits on the board of directors for the Bar Association of San Francisco.

Matt Jacobs is Managing Partner of the San Francisco office of Vinson & Elkins and Co-Chair of the firm’s Government Investigations and White Collar Criminal Defense practice. Matt’s practice focuses on advising clients on building robust compliance programs and serving as trusted counsel in internal and government investigations. He advises Boards of Directors, Audit Committees and General Counsels on high stakes matters involving a range of issues, including FCPA, antitrust, trade secrets, and health care.

Matt is a seasoned trial lawyer who has tried more than a dozen criminal and civil cases to verdict. A former federal prosecutor in the Northern District of California with more than 20 years of experience, Matt has prosecuted many high profile cases and is particularly experienced in “bet-the-company” matters. He has extensive experience dealing with the press, first as an award winning journalist, later as the prosecutor responsible for handling media inquiries on behalf of U.S. Attorney (and former FBI Director) Robert Mueller, and now as a legal commentator for news outlets relating to the Mueller investigation and other hot topics.

Matt has tremendous skill in providing business-focused advice to clients regarding appropriate company practice in the midst of alleged misconduct. Matt’s background with the government, coupled with his depth of experience in criminal and civil defense matters, enables him to deliver a unique, well-rounded approach to clients in need of innovative, yet practical and effective solutions.

Matt is a graduate of Stanford Law School and is  Chambers-rated and ranked by the Legal 500.

Richard (“Rick”) Darwin is a Shareholder in the San Francisco office of Buchalter Nemer, and is Co-Chair of Buchalter’s Litigation Practice Group. Mr. Darwin has developed a complex civil litigation practice with an emphasis upon trade secret misappropriation, corporate raiding, unfair competition, employee mobility, copyright infringement, and license disputes.

An experienced litigator and trial lawyer, Mr. Darwin has successfully prosecuted and defended trade secret misappropriation actions in state and federal court for clients in the biotechnology, software development, environmental consulting, commercial banking, life insurance, title insurance, and wealth management industries. He has a deep knowledge of the issues that arise when senior-level managers and employees leave one company to start or join a competitor, and has litigated and tried multiple cases of alleged corporate raiding. Rick is a frequent speaker and writer on topics related to trade secrets, non-compete agreements, and the protection of confidential information.

In addition to his trade secret practice, Mr. Darwin counsels and represents banks, trustees and corporate fiduciaries in complex litigation and regulatory enforcement proceedings. His practice also includes the representation of commercial and retail clients accused of unfair business practices. He has lectured on the topic of state privacy laws, and has testified before the California Legislature regarding federal preemption of consumer-protection legislation.

Mr. Darwin is a member of the San Francisco Bar Association, the San Francisco Bank Attorneys Association, and the Standing Committee on Trade Secrets of the California State Bar Association. He is a past member of the Executive Committee of the Federal Bar Association, Northern District of California, and is a Master of the Bench in the Edward J. McFetridge Inn of Court. Mr. Darwin is AV Preeminent rated by Martindale Hubbell and recognized as a 2013 and 2014 Top Rated Lawyer in the areas of Bank & Finance and Commercial Litigation by American Lawyer Media in conjunction with Martindale Hubbell.  He also was recently selected as a 2014 Northern California Super Lawyer.

Robin Workman’s practice focuses almost exclusively on representing employees in wage and hour class actions.  These actions include claims for unpaid overtime, off the clock work, failure to provide meal and rest periods, and failure to reimburse employment-related expenses, including mileage and uniform expenses.  Robin has prosecuted class actions throughout California and the United States on behalf of tens of thousands of employees and is one of the few trial lawyers in California who has tried a class action.  In 2014, Robin tried an exemption class action to decision in the Sacramento County Superior Court, obtaining an $8.3 million judgment for a class of 122 claims adjusters in York Claims Service Wage and Hour Cases, Sacramento County Superior Court Judicial Council Coordination Proceeding No. 4560 (order filed May 27, 2015).  Given her extensive experience in this area, Robin also regularly argues cases before the California Courts of Appeal and the Ninth Circuit, obtaining written opinion in cases such as Reyes v. Macy’s, Inc., 202 Cal. App. 4th 1119 (2011); Kullar v. Foot Locker Retail, Inc., 191 Cal. App. 4th 1201 (2011); Bufil v. Dollar Financial Group, Inc., 162 Cal. App. 4th 1193 (2008), and Alcantar v. Hobart, et al., 800 F.3d 1047 (9th Cir. 2015).  Robin also represents individual employees in actions against employers for claims of discrimination, harassment, and retaliation.  Robin regularly speaks on panels discussing evidentiary issues as well as settlement strategies.  She is a graduate of the Texas Tech University School of Law, graduating Order of the Coif, after which she clerked at the Texas Supreme Court before beginning her work in private practice.

The Honorable Tracie L. Brown is a Judge on the San Francisco Superior Court.

Judge Brown graduated magna cum laude from Harvard University in 1992.  She received a Juris Doctorate from the University of California, Berkeley, Boalt Hall School of Law in 1996.  Judge Brown clerked with the Honorable M. Margaret McKeown, Judge of the United States Court of Appeals for the Ninth Circuit.  She also worked as an associate for Morrison Foerster LLP and Cooley Godward LLP before moving to the U.S. Attorney’s Office in 2002.  Also in 2002, Judge Brown received the California State Bar’s Jack Berman Award for Distinguished Service to the Profession and the Public.  In 2003, she received the Asian American Bar Association’s Joe Morozumi Award for Exceptional Legal Advocacy.  In 2013, Judge Brown was given a United States Department of Justice Director’s Award.

In May 2013, Governor Jerry Brown appointed Judge Brown to a position on the San Francisco Superior Court.  Since her appointment, Judge Brown has presided over criminal trials, preliminary hearings, and the domestic violence court.

United States Magistrate Judge Laurel Beeler was appointed in 2010. She has presided as a trial and settlement judge over hundreds of civil cases, including intellectual property, employment, civil rights, and commercial disputes.

Judge Beeler was an Assistant U.S. Attorney in the Northern District, prosecuting complex white-collar cases with parallel civil components. She was the Office’s Professional Responsibility Officer and Deputy Chief of the Criminal Division. She was a law clerk to the Honorable Cecil F. Poole, United States Court of Appeals for the Ninth Circuit, and the Civil Appeals Division Chief at the Ninth Circuit’s Office of Staff Attorneys. She trained as a mediator with the Northern District’s ADR Program, the Federal Judicial Center, and Harvard Law School.

Judge Beeler is a member of the Ninth Circuit Magistrate Judge Executive Board, the Ninth Circuit Criminal Case Committee, and the Ninth Circuit Conference Executive Committee. She is one of four national judicial liaisons to the U.S. Department of Justice/Office of Defender Services Joint Electronic Technology Working Group. She chairs the Northern District’s Criminal Practice Committee and implemented the court’s reentry and diversion courts.

Judge Beeler was President of the Federal Bar Association, co-chair of the Lawyer Representatives to the Ninth Circuit, a board member of the Bar Association of San Francisco (“BASF”), and a member of the Ninth Circuit’s Jury Trial Improvement Committee. She is a member of the Executive Committee of the Edward J. McFetridge American Inn of Court. In 2006, Judge Beeler received the Northern District Judicial Conference’s Public Service Award. She was named one of The Recorder’s 2012 Women Leaders in Law. She received BASF’s Barristers Choice Award in 2015 and the San Francisco Trial Lawyers Association’s Magistrate Judge of the Year award in 2018.

Judge Beeler taught Civil Trial Practice at U.C. Berkeley School of Law and Criminal Procedure at U.C. Hastings College of the Law. She led rule-of-law projects in Indonesia, Vietnam, Cambodia, the Philippines, Jordan, Ukraine, Turkey, Thailand, and the Philippines.

Judge Beeler graduated with honors from the University of Washington School of Law, where she was Order of the Coif and an Articles Editor on the Washington Law Review. She received her A.B. with honors from Bowdoin College.

Jennifer Bonneville is a skilled litigator who regularly appears in federal and state courts across the United States in complex products liability and toxic tort cases, including consumer class actions and multi-plaintiff litigation.  Ms. Bonneville works with energy companies, manufacturers of specialty consumer and automotive products, industrial and commodity chemicals, pesticides, and medical devices, to defend a diverse array of product and premise based suits in cases involving wrongful death, property damage, personal injury and medical monitoring claims.

Combining her background in business and experience as a six sigma agent with litigation skills and insight, Ms. Bonneville works closely with clients to develop and execute legal strategies which consistently lead to favorable outcomes.  Ms. Bonneville skillfully manages all aspects of litigation including pre-litigation investigation and advice, development and execution of case strategy, preparing and defending corporate witnesses, expert discovery, mediation, trial preparation, post-trial motions and appeals.  Ms. Bonneville also regularly advises clients on Medicare compliance and reporting issues.

Ms. Bonneville is committed to giving back to the legal community by volunteering her time to assist the most vulnerable members of society including children, Holocaust survivors, and victims of domestic violence.  In 2014, Ms. Bonneville was recognized as a Los Angeles County “Volunteer of the Year” for her work with the Los Angeles County Bar Association’s Domestic Violence Project.

Mark Conrad is a trial attorney and a founding partner of Conrad & Metlitzky LLP. He represents businesses and individuals at the trial and appellate levels in both state and federal courts, and his litigation experience covers cases involving trade secrets, contracts, fraud, copyright, trademark, employee mobility, constitutional law, civil rights, class actions, employment discrimination, and professional malpractice. Prior to forming Conrad & Metlitzky, Mark previously served as an Assistant United States Attorney in the Northern District of California and practiced at Munger, Tolles & Olson LLP.  Mark is a leader in the San Francisco legal community and has served as the President of the Barristers Club of the Bar Association of San Francisco; as Vice President of the Northern District of California chapter of the Federal Bar Association; and as a member of the State Bar of California’s Legal Services Trust Fund Commission.  Mark is a former law clerk to the Hon. Charles R. Breyer of the Northern District of California and the Hon. Betty Binns Fletcher of the Ninth Circuit Court of Appeals.  He received his law degree cum laude from Harvard Law School, where he was an executive editor of the Harvard Law Review, and his undergraduate degree summa cum laude from Princeton University.

After serving as managing partner of the firm’s Silicon Valley and San Francisco offices, Jim Batchelder is now a member of Ropes & Gray’s governing Policy Committee. A trial lawyer in its intellectual property litigation group, Jim has been recognized by Chambers, and named of the World’s Leading Patent Practitioners, and one of California’s Top Intellectual Property Lawyers. He has over 27 years of experience litigating high stakes intellectual property cases in district courts, the ITC and the PTAB, where he has been named a “Legal Lion” by Law360.

Within California, Jim is widely regarded as a “Dean of IP Law,” lecturing and publishing extensively on intellectual property issues and strategy. Jim is also co-founder of Ropes & Gray’s Diversity Roundtable, a series of meetings with Silicon Valley companies and attorneys interested in enhancing diversity among students wishing to join the legal profession, candidates hired for attorney jobs, and attorneys promoted within their organizations.