5:45-6:15 Registration

6:15-6:30 Introductions

Plenary Session: A panel discussion among all of the judges.

6:30-6:45: Case management issues:

• Conduct at CMC;
• Contents of Joint CMC Statement Court’s expectations of parties and counsel; and,
• Professionalism Preferences/idiosyncrasies of particular judges.

6:45-7:10: Traps for the unwary:

• Rule 26;
• Other changes to the Federal Rules of Civil Procedure;
• Changes to the Local Rules;
• Possible Future Changes;
• The judges standing orders, preferences and peccadilloes; and,
• Differences between federal and state court practice.

7:10-7:25: Provisional remedies:

• Temporary Restraining Orders and Preliminary Injunctions;
• Live testimony;
• Patent and Copyright cases;
• Trade Secret cases and inevitable disclosure;
• Calculation of bond; and,
• Communicating with the press.

7:25-7:40 Trial:

• Tactics;
• Jury selection;
• Demonstratives; and,
• Time limitations.

7:40-7:50: ADR:

• What’s available;
• Role of Magistrate Judges;
• Judge’s preferences;
• Success rates;
• When is the right time;
• Compelling attendance; and,
• Insurance companies.

7:50-8:15: Questions:

Please submit questions in writing at registration or during the plenary session. Questions will also be taken from the floor, time permitting.

8:15-8:45: Break-Out Sessions:

Subject to there being sufficient time following the plenary session, and sufficient interest in each particular session, the following break-out sessions will be led by one or more of the judges:

1. Markman Hearings

• How to prepare;
• Tutorials;
• Live testimony, including experts; and,
• Cross, including experts.

2. Expert Witness Issues

• Daubert, Kumho and new FRE 702 issues;
• The Court as “gatekeeper” of expert testimony: sua sponte or only by motion;
• Expert witnesses and summary judgment motions; and,
• Expert witness issues in pre-trial proceedings?

3. Civil Rights and Employment Cases

4. Securities Cases

5. Discovery

• Obligations under federal and local rules;
• Electronic discovery; and,
• Dealing with discovery abuses.

Judge Jeremy Fogel was born in San Francisco and raised in Los Angeles, California, where he attended Los Angeles public schools. He received a B.A. with Great Distinction in Religious Studies from Stanford University in 1971 and obtained a J.D. cum laude from Harvard University in 1974. Judge Fogel was admitted to practice law in California in 1974. From 1974 to 1978, he was in private practice in San Jose, California. In 1978, Judge Fogel founded the Santa Clara County Bar Association Law Foundation's Mental Health Advocacy Project and served as the Project's Directing Attorney until 1981. He was then appointed to the Santa Clara County Municipal Court, where he served as the Presiding Judge from 1984 to 1985. In 1986, Judge Fogel was appointed to the Santa Clara Superior Court. From 1987 to 1988 and in 1995, he served as the Superior Court's Supervising Judge for the Family Law division. In 1991, Judge Fogel served as the Superior Court's Supervising Judge for the Probate/Mental Health Division. Moreover, from 1992 to 1994 and from 1996 to 1998, he was the Superior Court's Civil Team Leader and Law Motion Judge. In 1998, Judge Fogel was appointed to his current position with the United States District Court for the Northern District of California. From 1987 to the present, Judge Fogel has also served on the faculty of the California Continuing Judicial Studies Program and California Judicial College, specializing in alternative dispute resolution, psychology, ethics, family law, sexual harassment awareness and prevention, domestic violence, and judicial excellence. In addition, from 2002 to the present, he has been a Mediation Trainer and member of the Advisory Committee on Alternative Dispute Resolution Education for the Federal Judicial Center. Judge Fogel has also served on the faculty of the Patent and Trademark Seminar for the Federal Judicial Center since 2005.

Judge Whyte was appointed to U.S. District Court Northern District, San Jose, by President Bush in 1992. Whyte served on the Superior Court of California, County of Santa Clara, appointed by Gov. Deukmejian in 1989, until his appointment to the federal bench.