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California Trial Evidence 2015

Speaker(s): Casey A. Kaufman, Charles H. Horn, Dean A. Morehous, Harold E Kahn, Julie S. Turner, Julie Salamon, Laurie Edelstein, Mark R. Conrad, Richard C. Darwin, Robin G. Workman, Sandra A. Edwards, Thomas J. Brandi, Tracie L Brown
Recorded on: Oct. 22, 2015
PLI Program #: 57378

Julie Turner is a founding partner of Turner Boyd LLP, a technology litigation law firm in Silicon Valley.  Ms. Turner has first-chaired over a dozen trials in state, federal, and bankruptcy courts.  Ms. Turner has been named a “Super Lawyer” by Northern California Super Lawyers since 2009, and Turner Boyd LLP has been named the Top California IP Litigation Law Firm (small firm category) by Super Lawyers for the past two years.  Before founding Turner Boyd LLP in 2008, Ms. Turner was a partner at Day Casebeer Madrid & Batchelder LLP, an associate at Cooley Godward LLP, and a solo practitioner.

Judicial Activities

Judge of the Superior Court of California, County of San Francisco, 2001-present. Appointed by Governor Gray Davis Current term expires December 2020. Assignments included presiding over all aspects of civil, criminal and family law cases, as well as drug court, criminal domestic violence court and civil domestic violence court. 

From January 2015 to the present assigned to civil trials. In February and March 2015 presided over the Pao v. Kleiner Perkins trial, which received daily national publicity. Handling numerous cases as a single assignment judge.

From October 2011 to January 2013 assigned as the sole judge to handle all law and motion and discovery matters in all civil cases other than asbestos, housing and singly-assigned cases. Established the Court’s discovery pro tem program.

From January 2010 through September 2011 assigned as the sole judge in the newly-created asbestos case management department which included handling of all pretrial matters – including law and motion, discovery, settlement and trial setting and readiness –   in all asbestos cases. Eliminated a backlog of over 600 cases, resulting in the first time in almost two decades that the Court was current with its asbestos cases.

Chair of the Collaborative Justice Courts Advisory Committee to the California Judicial Council, 2007-2010. Appointed by California Chief Justice Ronald George.

Professional Activities Prior to Becoming a Judge

Sole Proprietor of the Law Offices of Harold E. Kahn, 1987-2001. Specialized in civil litigation representing both plaintiffs and defendants. AV rated.

Received the 2000 Lawyer of the Year Award from the AIDS Legal Referral Panel of the Bay Area.

Received the Outstanding Volunteer in Public Service Award from the San Francisco Bar Association in 1999.

Associate with Heller, Ehrman, White & McAuliffe, 1983-1987.

Law Clerk to United States District Judge Joseph Young, 1982-1983.

Education and Other

JD University of Chicago Law School 1982.

BA Amherst College 1978. Magna cum Laude.

Co-author of Kahn and Links, California Practice Guide: Civil Rights Litigation published by West.

Member of the Board of Advisors of The Green Bag, an iconoclastic legal journal published by George Mason University Law School, 2008-2015.

Dean Morehous is a partner in the Troutman Sanders San Francisco office. Dean has first chaired numerous jury trials in business, intellectual property and insurance disputes. He has successfully handled complex trials and litigations in California and federal courts across the country.

Dean's experience includes patent, copyright, trade secret and complex business disputes for established and early stage companies.  During his thirty plus years of practice Dean has handled cases involving computer technologies, data storage devices and technologies, databases, manufacturing systems, semiconductor manufacturing and related test technologies, systems integration, software and software development, technology defect and licensing disputes, music, publication and entertainment controversies and IP audits.

Dean also has significant experience litigating and advising clients in first and third party insurance claims, insurance coverage issues and bad faith disputes arising out of D&O, E&O, general liability, specialty lines, life and property coverages. 

He has also handled complex corporate governance, business dissolution and major trust and fiduciary disputes.  Dean also counsels clients concerning intellectual property licenses, invention agreements and related projects.

He is counsel to the California State Bar's Oversight Committee on Group Insurance Programs.

Professional and Community Involvement

  • American Bar Association
  • California State Bar, Litigation and Intellectual Property Sections
  • President and Board Member:Meals on Wheels of San Francisco (2000-2007)
  • Board (2013-2015)

Casey Kaufman is an associate at The Brandi Law Firm. He is a member of the California, Arizona, Nevada, Washington State, and Washington D.C. bars where he represents clients in the areas of elder abuse, product liability, personal catastrophic injury, mass torts, and actions against public entities.  He has been recognized by Super Lawyers as a “Rising Star” since 2009, is listed in Best Lawyers, and is rated AV Preeminent by Martindale-Hubbell.  He is a past chair of the CAOC New Lawyers Division and sits on the SFTLA Diversity Committee.  Casey lives in Alameda with his wife and two young children.

Sandra Edwards, the chair of Farella’s Environmental Law Department, has extensive trial experience in federal and state court in her litigation practice and as a former Assistant District Attorney for the City and County of San Francisco.

Ms. Edwards has strategically and effectively litigated on behalf of her corporate clients in high-stakes environmental lawsuits involving toxic torts and contaminated sites, CERCLA, FIFRA and Proposition 65, as well as private attorney general actions and citizen suits. Her clients include chemical and agricultural companies, manufacturers, pharmaceutical companies and developers. She also represents manufacturers and distributors in both individual and class action lawsuits that involve products ranging from pharmaceuticals to agricultural chemicals to construction materials.

Ms. Edwards has extensive experience in construction law. She represents owners, developers and contractors and has successfully handled claims for breach of contract and professional negligence, and for extra work, delay, disruption and loss of productivity.

Ms. Edwards has served two terms as a member of Farella’s five-person Advisory Board, which provides long-term strategic direction for the firm. She is the General Counsel and Secretary for the Board of Directors for the San Francisco Chamber of Commerce.

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.

A highly accomplished trial and appellate lawyer, Laurie Edelstein – a partner in Steptoe & Johnson LLP’s Palo Alto office – has secured an impressive number of victories for clients in a wide variety of matters.  Ms. Edelstein’s practice spans complex commercial disputes and white-collar matters.  She has handled a range of commercial cases, including securities and other class action litigation, complex contract disputes, unfair business practice claims, fraud actions, and energy-related matters.  Ms. Edelstein also defends clients in government investigations and enforcement actions, and in criminal investigations and prosecutions.  Ms. Edelstein has been very successful in obtaining dismissal of actions prior to trial through strategic motion practice and targeted discovery.  But when necessary, she is prepared to take a case to trial.  Ms. Edelstein recently secured a significant victory for one of the largest electric and gas utilities in the United States in a federal court jury trial, defeating a breach of contract claim and obtaining a comparative fault finding against a refinery in a power outage case.  She was also part of the trial team that won the acquittal of a Bear Stearns hedge fund manager in a federal criminal jury trial.  Ms. Edelstein received her law degree from Yale Law School and her undergraduate degree from Stanford University, where she graduated with distinction in the Honors Program in the Humanities and was elected to Phi Beta Kappa.  She also holds a Master of Philosophy degree in comparative literature from Yale University.

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.

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.

Mr. Horn has more than 30 years’ experience in complex litigation in state and federal court, including bench and jury trials throughout California and other states. He focuses his practice on the defense of catastrophic loss claims. He has won trials in cases involving products liability, premises liability, traumatic brain injury, complex regional pain syndrome, professional malpractice, commercial contract disputes, construction defect litigation and construction accidents, mass torts, environmental impact, land condemnation, personal injury, vehicle accidents (cars, trucks and motorcycles), insurance bad faith, insurance coverage, emotional distress, psychiatric injury, fire damage, wrongful termination, and securities fraud. Mr. Horn has also won a variety of other types of litigation including intellectual property, malicious prosecution, defamation, pollution claims, and director and officer real estate insurance claims.

In 2011, Mr. Horn taught a course in jury trial practice for the Association of Defense Counsel of Northern California. He has been selected for inclusion in The Best Lawyers in America® 2014 edition in the areas of Mass Tort Litigation, Personal Injury Litigation – Defendants, and Product Liability Litigation. He has also been named a Northern California "Super Lawyer," 2009–2014; and a "Super Lawyer" by San Francisco magazine, 2004–20014.

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.