Business & Litigation Track

Litigating a Business Case in Arizona

Our panel of distinguished jurists, neutrals and trial lawyers explores how counsel can better prepare their clients/companies for the challenges of dealing with major litigation without upsetting on-going operations. The program provides guidance on implementation of procedures before litigation becomes an issue and offers insights on what to expect and how to prepare for litigation once it is imminent and as it progresses. Faculty examines the challenges faced and strategies to be employed when trying to resolve a complex business dispute through litigation and trial. The seminar is constructed around a hypothetical set of facts, which the moderator, panel members or audience may change as the seminar progresses.


  • Implement procedures so litigation is less likely
  • Prepare for and evaluate what to expect once litigation is imminent
  • Determine challenges of major litigation and how to avoid upsetting ongoing operations
  • Examine strategies for trying to resolve a complex business dispute through litigation and trial

This program track may qualify for up to 12 hours MCLE (up to 4 hours MCLE daily).
This track may also include 3 hours ethics.


Thursday, July 17, 2014

Fact and Evidence Gathering, Document Retention and Disclosure

Supreme Court decisions in the Windsor and Hollingsworth cases and by the resulting policies formulated by federal agencies, from the Pentagon and the Office of Personnel Management to the IRS and the Department of Labor shook fundamental assumptions about estate planning for nontraditional families.

This session explores drafting issues, for example, the use of joint trusts for married couples who reside in nonrecognition states, the interplay between choice-of-law provisions and marital status, and the need for prenuptial agreements that "bridge the gap" between marriage recognition states and nonrecognition states. (Drafting samples provided in materials.) This session also explores crucial administration issues, such as the practices of third-party pension administrators and IRA custodians regarding the marriage status of deceased plan participants, and determination of how community property law affects the trust administration of couples who are married for purposes of the laws of some states but not others.

Faculty analyzes and discusses recent Arizona court cases and significant federal cases in addition to Windsor and Hollingsworth.

Speakers present newly enacted federal and Arizona legislation (or guidance) affecting or involving trusts and estates, gift and estate tax, generation-skipping transfer tax, fiduciary income tax, and tax on unearned net investment income.


MODERATOR: Leon Silver, Polsinelli, PC


  • David J. Bodney, Steptoe & Johnson, LLP
  • Mark I. Harrison, Osborn Maledon, PA
  • Thomas A. Zlaket, Thomas A. Zlaket, PLLC, Retired Chief Justice, Arizona Supreme Court


Friday, July 18, 2014

The Challenges and Opportunities Presented by Mediation, Arbitration and Litigation

How can we advise our clients so that they can handle litigation without bankrupting or shutting down the company? What can we do to prepare for and make mediation meaningful? When is arbitration a better alternative than litigation – or a worse one? What claims should you file and what relief should you pursue? What are the unintended consequences of being involved in litigation?


MODERATOR: Leon Silver, Polsinelli, PC


  • Hon. Sally Schneider Duncan, Maricopa County Superior Court
  • Booker T. Evans, Gallagher & Kennedy, PA
  • Hon. Barry C. Schneider, (Ret.), Schneider Mediation

Saturday, July 19, 2014

Protecting Your Business Before There is a Problem

This program covers what your company can do to mitigate the expense and risk inherent in litigation when creating the business, establishing the relationship between owners, hiring key employees, protecting trade secrets and dealing with the challenges of business break-up or institutional change. Faculty addresses the risks and expense associated with pursuing litigation discussed over the first two days of the conference and provides guidance on how to better manage these realities.



  • Robert Shely, Bryan Cave, LLP
  • Leon Silver, Polsinelli, PC