Agenda

Friday, April 12

4:00 PM – 6:00 PM

East Foyer

Registration
6:00 PM – 7:30 PM

Fairway Deck

Welcome Reception

Saturday, April 13

7:00 AM – 8:30 AM

Fairway Deck

Breakfast
8:30 AM – 9:00 AM

Silverado Ballroom

Welcome and Introduction – Chief Judge Phyllis J. Hamilton, N.D. Cal. Chief District Judge

Presentation of Robert F. Peckham Award – The Honorable Andrew P. Gordon, D. Nev. District Judge

9:00 AM – 10:00 AM

Silverado Ballroom

Session 1 | Activism in Sports 

At the beginning of the 2016 NFL season, Colin Kaepernick, who was then a quarterback for the San Francisco 49ers, started kneeling during the national anthem before games. He said he wanted to raise awareness of racism, social injustice and police brutality against black people and people of color. Since the conclusion of 2016 season, Kaepernick has been unable to sign with any other NFL team. In response to this, Kaepernick filed a grievance against the NFL, accusing it of colluding to keep him out of a job. The case recently settled. Kaepernick’s actions have stirred intense debate online, divided NFL fans and league owners, captivated celebrities and athletes, and even motivated the President of the United States to weigh in on the issue. This panel will begin with a broader historical discussion of social activism in sports, before diving into the Kaepernick dispute with the NFL and the reactions to Kaepernick’s protests, and will conclude with a discussion of the legal recourse that athletes have (or the limits thereof) when owners retaliate.

Moderator: The Honorable Nathanael Cousins, N.D. Cal. Magistrate Judge

Speakers:

David Foster, National Basketball Players Association

Mark Geragos, Geragos & Geragos

Jeffrey Kessler, Winston & Strawn

Ann Killion, San Francisco Chronicle

10:00 AM – 11:00 AM

Silverado Ballroom

Session 2 | Resolving Class Actions

The class is certified. What comes next? Our experienced panelists will discuss the steps required to resolve class action lawsuits, including summary judgment, preparing trial plans, managing class trials, lessons to be learned from arbitration, and protecting class member data during distribution of settlements and judgments.

Moderator: The Honorable Lucy Koh, N.D. Cal. District Judge

Speakers:

Allison Davis, Davis Wright Tremaine LLP

Jahan Sagafi, Outten & Golden LLP

Troy Yoshino, Squire Patton Boggs

Judith Zahid, Zelle LLP

11:00 AM – 11:15 AM

Fairway Deck

 Break
11:15 AM – 12:15 PM

Silverado Ballroom

Session 3 | The Sixth Amendment Guarantee – Eroded or Not?

Last year, the National Association of Criminal Defense Attorneys (NACDL) concluded that the modern day plea bargaining process has resulted in a “trial penalty” tax on criminal defendants and an unacceptable decrease in criminal trials. But is this conclusion correct? Aren’t fairly negotiated plea bargains essential to the humane and orderly administration of criminal justice? This panel will involve a lively discussion on the proper role of “the trial” in our criminal justice system and the potential detriments and benefits to the implementation of NACDL’s suggested course of action.

Moderator: 

The Honorable Richard Seeborg, N.D. Cal. District Judge

Speakers: 

William Frentzen, United States Department of Justice, United States Attorney’s Office

The Honorable John Gleeson (ret.), Debevoise & Plimpton

Professor Ellen Kreitzberg, Santa Clara Law

Martin Sabelli, Attorney at Law

12:15 PM – 1:30 PM

Fairway Deck

 Lunch
1:30 PM – 2:00 PM

Silverado Ballroom

Session 4 | Fireside chat with Local Congressperson

Immigration. Criminal justice reform. Access to voting. These are just a few of the issues on deck for the 116th class of Congress in 2019. Congressman Mark DeSaulnier and Ann Ravel will discuss the priorities of Congress in 2019 and how those priorities will impact the Bay Area.

Moderator: Ann Ravel, McManis Faulkner

Speaker:

Congressman Mark DeSaulnier, U.S. House of Representatives District 11 – California

2:00 PM – 2:15 PM

Fairway Deck

Break
2:15 PM – 3:15 PM

Silverado Ballroom

Session 5A | Civil Breakout – Privacy Law – Who Let the Data Out? Data Protection and Privacy Law in the 2020s

The amount of data collected about us is astounding, with data breaches affecting millions. Two new laws, the European General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), bring new focus on legislative efforts to protect personal data, and unique compliance challenges. This panel will discuss what judges, practitioners, and in-house counsel should know about these new laws, what the expansion of individual data rights may mean for how companies do business, and what implications these issues pose for consumers, litigants and the courts.

Moderator: The Honorable Beth Labson Freeman, N.D. Cal. District Judge

Speakers:

Professor Lydia de la Torre, Santa Clara Law

Travis LeBlanc, Cooley LLP

Christina Terplan, Clyde & Co.

Lesley Weaver, Bleichmar Fonti & Auld

2:15 PM – 3:15 PM

Napa Hall

Session 5B | Criminal Breakout – Sentencing Reform 

This panel will provide updates on recent efforts to reform sentencing, litigation issues arising around the country as a result of the First Step Act, and sentencing reform issues on the horizon.

Moderator: The Honorable Charles Breyer, N.D. Cal. District Judge

Speakers:

Rachel Rossi, U.S. House of Representatives, Judiciary Committee

Professor Jonathan Wroblewski, Harvard Law School

2:15 PM – 3:15 PM

Martini / Trefethen

Session 5C | Bankruptcy Breakout

A roundtable discussion on current trends and latest updates in bankruptcy.

Moderator: The Honorable Charles Novack, N.D. Cal Bankruptcy Chief Judge

3:15 PM – 6:00 PM

Fairway Deck

Break

Refreshments and Snacks (3:15 PM – 4:15 PM)

6:00 PM – 7:00 PM

Fairway Deck

Reception
7:00 PM – 9:00 PM

Silverado Ballroom

Dinner
9:00 PM – 11:00 PM

Vintner’s Court

Evening Entertainment: The Recusals and DJ Kevin O’Scanlon

Sunday, April 14

7:30 AM – 8:30 AM

Fairway Deck

Breakfast
8:30 AM – 9:45 AM

Silverado Ballroom

Session 6 | Qualified Immunity on Trial and Qualified Immunity at Trial

Qualified immunity, a doctrine created by the U.S. Supreme Court to protect government officials from liability for constitutional violations that are not “clearly established law,” has recently garnered widespread attention. Despite critiques that courts have been overly protective of the police, during the past two terms the Supreme Court summarily reversed the Ninth Circuit in qualified immunity cases. This panel will explore two aspects of the doctrine. First, it will examine the tension between the Ninth Circuit’s understanding of “clearly established law” and that of the U.S. Supreme Court, including: What is going on in other circuits? Is the Ninth Circuit applying the doctrine differently? What impact will new Justices Kavanaugh and Gorsuch have? Second, we will explore how qualified immunity is applied at trial. Such trials are rare because qualified immunity is generally decided at summary judgment and is immediately appealable. But for those cases going to trial, what are the best practices to address the doctrine, particularly where certain issues are determined by the jury?

Moderator: The Honorable Yvonne Gonzalez Rogers, N.D. Cal. District Judge

Speakers:

Jennifer Bennett, Public Justice

Misha Igra, California Department of Justice

Michael McGuinness, City of Escondido

Professor Joanna Schwartz, UCLA School of Law

9:45 AM – 10:45 AM

Silverado Ballroom

Session 7 | Hate Speech and the First Amendment in the Age of Social Media

The United States Supreme Court has decided numerous precedents, such as Brandenburg v. Ohio, that constrain the government from punishing hateful speech, subject to exceedingly narrow exceptions.  Our current political era is characterized by increasing vitriol and hostility and new communication technologies that amplify hate speech.   In light of Charlottesville and other extreme examples where speech has led to violence, should these precedents be reconsidered?  This panel will address the law governing hate speech, critical race arguments in favor of modifying some First Amendment precedent, and the contrary arguments on why current law is sufficient to protect free speech for all people, not just those who already enjoy relative power in our society.

Moderator: The Honorable Edward Chen, N.D. Cal. District Judge

Speakers:

Keegan Hankes, Southern Poverty Law Center

Professor Russell Robinson, U.C. Berkeley School of Law

Christine Sun, ACLU of Northern California

10:45 AM – 11:00 AM

Fairway Deck

Break
11:00 AM – 12:00 PM

Silverado Ballroom

Session 8 | Supreme Court Review

Join Dean Erwin Chemerinsky and Professor Pam Karlan for their takes on Justice Kavanaugh’s first term with the U.S. Supreme Court and a rapid-fire review of hot cases from the 2018-2019 term.

Moderator: The Honorable Susan Illston, N.D. Cal. District Judge

Speakers:

Erwin Chemerinsky, U.C. Berkeley School of Law

Professor Pam Karlan, Stanford Law School