Publications and Presentations by
Steven Brower
Buchalter Nemer
18400 Von Karman,
8th Floor
Direct Dial: (714)
549-5150
E-mail:
sbrower@buchalter.com
Seminars and Presentations
“Basic Deposition Strategies and Advanced Tips”, April 2011, Buchalter Nemer Litigation
Department, Los Angeles, CA
“Ethical Tensions in E-Discovery” and “Cost and Risk Containment Issues”,
March 2011, San Francisco, CA
“50 Tips About Business Insurance Coverage That
Every Risk Professional Needs To Know”, RIMS Annual Conference, April 2010,
Boston, MA
“Insurance Coverage – What Every Litigator Needs To Know”, Buchalter Nemer Litigation Group
CLE, February 2010, Los Angeles, CA
“10 Tips To Improve Your Results In Litigation, While Still Lowering
Your Costs”, Buchalter Nemer
Brown Bag Seminar Series, February 2010
“50 Tips About Business Insurance Coverage That Every In-House Counsel
Wants To Know”, Private Client Presentations, Los Angeles, Woodland Hills,
Orange County & San Diego, September 2009
“Insurance Issues in a Food Contamination Recall”, ABA Insurance
Coverage Committee, March, 2009, Tucson, AZ
“Practical Issues in Electronic Discovery”, Thomson/Daily Journal Records
Management and E-Discovery Advanced Issues, February, 2009, Beverly Hills, CA
“Practical Issues in Electronic Discovery”, Thomson Electronic Document
Conference, December, 2008, San Francisco, CA
“Mock Trial – The Records Manager Appears in Court”, ARMA Hawaii
Chapter, May, 2008, Honolulu, HI
“50 Tips About Business Insurance Coverage That Every Risk Manager Wants
To Know”, RIMS Annual Conference, April, 2008, San Diego, CA
“50 Tips About Business Insurance Coverage That Every In-House Counsel
Wants To Know”, Private Presentation co-sponsored by Willis, February, 2008, La
Jolla, CA
“Advanced Issues in E-Discovery, Including Ethics”, West Legalworks E-Discovery and Records Management Conference,
December, 2007, San Francisco, CA
“Advanced Issues in E-Discovery, Including Ethics”, West Legalworks E-Discovery and Records Management Conference,
November, 2007, New York, NY
“50 Tips About Business Insurance Coverage That Every In-House Counsel
Wants To Know”, Private Presentation to in-house counsel, June, 2007, San Jose,
Palo Alto and San Francisco
“Insurance Coverage for Technology Risks”, Southwestern Law School
Computer Law Conference, June, 2007, Los Angeles, CA
“E-Discovery –
Finding All The Pieces for Healthcare”, DW Harper Group, May, 2007, Costa Mesa, CA
“Records Management Mock Trial, Presented by IBM”, AIIM Conference,
April, 2007, Boston, MA
“Seeking and Avoiding Sanctions for Electronic Discovery”, Legalworks and Daily Journal Advanced E-Discovery Conference,
February, 2007,
“50 Tips About Business Insurance Coverage That Every In-House Counsel
Wants To Know”, Private Presentation to in-house counsel, December, 2006, San
Diego, Orange County and Los Angeles
“Electronic Trial Presentation” and “E-Discovery”, Legalworks
E-Discovery and Records Management Conference, December, 2006, San Francisco,
CA
“Insurance Coverage
Issues in Technology Litigation”, 35th
Annual World Computer and Internet Law Congress, IT Tech Law Association (fka Computer Law Association), May, 2006,
“Litigation
Requirements for Records Retention and Electronic Discovery”, NCHelp Legal Committee Meeting, March 2006,
“Mock Trial: The RIMS Team Before Judge and Jury”,
I prepared a mock trial which I have presented several times, including
one presentation at a worldwide meeting of records managers for a Fortune 100
company and twice at the annual meeting of the American Records Management
Association. It involves a situation in
which a corporation changes its records retention procedure and inadvertently
destroys some important records.
Normally about ˝ of the audience (all professional records managers)
vote that monetary penalties of millions of dollars should be imposed against
the defendant.
“Mock Trial: The RIMS Team Before Judge and Jury”, Greater
“Cost Control for Electronic Discovery” and “Ethical Issues Arising in
the Course of Electronic Discovery”, First Annual E-Discovery and Trial
Practice Forum, Thomson Legalworks, February 2006,
"ADR for Intellectual Property Disputes", American Bar
Association Section of Alternative Dispute Resolution, October, 2005,
"Contract Drafting Lessons Learned from
Litigation of Software Disputes", American
Conference Institute, October, 2005,
"Mock Trial:
The Interface Between Records Management and Litigation" [3 hour version]
- Annual Meeting of ARMA, September, 2005,
"Insurance
Coverage Issues in Technology Litigation", Southwestern
"Electronic
Discovery Tools for the Advanced Litigator", Glasser
LegalWorks, March 2005,
"Is the Tripartite Relationship a
Reality or a Nightmare?", American Bar Association, Section of Litigation,
Committee on Insurance Coverage Annual Meeting, February 2005,
"Web
Security: Legal Restriction on Legitimate Security Investigation", RSA
Conference, February 2005,
"Electronic
Discovery", Glasser LegalWorks,
December 2004,
"Mock Trial:
The Interface Between Records Management and Litigation" [1 hour version]
- Bay Area Chapter of ARMA, November 2004,
"Mock Trial:
The Interface Between Records Management and Litigation" [8 hour version]
- Big Sky Chapter of ARMA, November 2004,
"Marketing
Yourself: Choosing What You Do Best", Findlaw
Legal Marketing Conference, October, 2004,
"Web
Security: Legal Restrictions on Legitimate Security Investigation", Blackhat Convention, July 2004,
"Mock Trial:
Records Management and the Legal System", Private Presentation, May 2004,
"New Tools In
Electronic Discovery", Glasser LegalWorks, December 2003,
"Mock Trial:
The Interface Between Records Management and Litigation", American Records
Management Association Annual Meeting, October 2003,
"Litigating A
Preliminary Injunction - Getting Justice on a Half-Baked Record", American
Bar Association Annual Meeting, August 2003,
"Electronic
Discovery in a Less-Paper World", MEDMARC Annual Defense Counsel Meeting,
June 2003,
"Electronic
Discovery - What It Is and How To Do It", Association of Defense Counsel
of Northern California &
"New Tools
and Techniques In Electronic Discovery", Glasser
LegalWorks, December 2002,
"Electronic Discovery
and Records Management", LA Chapter of the American Records Management
Association, October 2002,
"Software
Failure: A Mock Trial with Percipient and Expert Witnesses", Computer Law
Association Software Failure Litigation Conference, October 2002,
"Legal and
Ethical Issues for Records Managers", American Records Management
Association Annual Meeting, September 2002,
"Ethical
Issues in the Tripartite Relationship Between Attorneys, Insureds
and Insurers", American Bar Association Section of Litigation, April 2002,
"Electronic
Discovery and Ethics - How Does It Really Work?", American Records
Management Association, March 2002,
"The
Interface Between the Internet and Privacy - Does the Right to Privacy Still
Exist?", American Bar Association Section of Litigation, March 2002,
"Electronic
Discovery",
"Defending
the Deposition of a CEO in a Medical Products Litigation", MD&M
Conference, February 2002,
"Issues in
Electronic Discovery - Argument on a Motion to Compel", Glasser LegalWorks & Daily
Journal, November 2001,
"Issues in
Electronic Discovery", Glasser LegalWorks & Daily Journal, October 2001,
"21st Century
Law Office - Use of Technology and the Ethical Implications",
"Electronic
Discovery - New Federal Rules", Glasser LegalWorks, April, 2001,
"When to
Settle, When to Sue", Mealey's Publications, IT
Failures Conference, March, 2001,
"Issues in
Electronic Discovery", Glasser LegalWorks, January, 2001,
"Litigation
of Technology Claims",
"Issues in
Electronic Discovery", Glasser LegalWorks, December, 2000,
"Risk
Management for Online Liability" and "Online Privacy - What Are the
Real Issues?", Online Liability Conference, American Conference Institute,
October, 2000,
"Issues in
Litigation Representation of E-Business Companies",
"Recent
Developments in Computer Performance Litigation",
"3 Secrets to
Winning Your Technology Litigation",
"How To Use
Year 2000 Legislation To Protect Your Company", MEDMARC Risk Management
Seminar, October, 1999,
"Current
Issues In Computer Performance Litigation", University of
"Litigation
Using The Y2K Act", Annual Meeting, American Bar Association, August,
1999,
"Discovery of
Electronic Evidence - Implications of Voicemail on Discovery", PLI
Internet Law Conference, July, 1999,
Conference
Chairman and "Insurance Coverage Issues for E-commerce", TIX, May,
1999,
"Discovery of
Electronic Evidence",
"Keynote
Address - Year 2000 Legal Issues", AICPA Technology Conference, April,
1999,
"Discovery of
Voice Mail - Has Modern Technology Made Discovery Impossible?",
"Issues in
Electronic Discovery", Glasser Legal Works,
March, 1999,
"Defense of
Consultants and Vendors from Year 2000 Claims", Defense Research Institute
Year 2000 Litigation Conference, March, 1999,
"The Potential
Impact of Year 2000 Computer Problems on E-Commerce", Electronic Commerce
Policy Update,
"Year 2000
Risk Management For Medical Device Manufacturers", MEDMARC Insurance,
February, 1999,
"Year 2000
Litigation Issues - What Will Be The Defenses?", American Law
Institute/American Bar Association, December, 1998,
Conference
Chairman and "Mediation of a Hypothetical Year 2000 Claim", American
Conference Institute Year 2000 Legal Liabilities Conference, October, 1998,
"Year 2000 -
Personal Liability for Directors & Officers?" and "Meet the Legal
Experts Panel", SPG Year 2000 Conference, October, 1998,
"Insurance
Coverage Issues for the Insurer", TIX Year 2000 Insurance Issues, October,
1998,
"Year 2000 -
Personal Liability for Directors & Officers?", SPG Year 2000
Conference, September, 1998,
"Year 2000 -
Meet the Experts Panel", SPG Year 2000 Conference, September, 1998,
"Year 2000
Litigation Targets", American Bar Association, August, 1998,
"Year 2000
Legal Issues for Healthcare",
"Recent
Developments in Computer Litigation", 19th Annual USC Computer Law
Institute, May, 1998,
"Risk
Management Issues in Computer Errors & Omissions Litigation",
Employers Reinsurance Customer Awareness Seminars, April, 1998,
"Insurance Coverage:
Year 2000, Intellectual Property, Duty to Defend", Glasser
Legal Works, January, 1998,
"Insurance
Coverage for Year 2000 Problems," National Professional Communications,
January, 1998,
"Electronic
Document Discovery: Legal and Practical Problems In Obtaining And Reviewing
Evidence," Glasser Legal Works, November, 1997,
"Year 2000
Roundtable," California Minority Counsel Program, November, 1997,
"Directors
& Officers Criminal and Civil Liability for Year 2000 Problems,"
Fulcrum, November, 1997,
"Insurance
Coverage in an Online World - What's Covered Under Present Policies,"
American Conference Institute, November, 1997,
"Year 2000
Legal Issues - Litigation of a Year 2000 Claim & Insurance Coverage," Glasser Legal Works, October, 1997,
"Legal Issues
For The Year 2000 Problem," International Quality and
"Management
Issues For The Year 2000 Problem," Private Briefing to Executive
Management of a Public Company, April, 1997,
"Discovery of
Electronic Data in Civil Litigation," Panelist for the Litigation Section
of the American Bar Association, April, 1997,
"High-Tech
Insurance Issues," Lecturer for the Computer Law Association CyberSpaceCamp, March, 1997,
"Insurance
and Risk Management Issues in an Internet World," Panelist for Information
Technology Association of
"Insurance
Coverage for Intellectual Property Claims," Panelist for RIMS Back to
School Day, June, 1994,
"Insurance
Coverage for D&O Claims," Speaker, Golden Gate CPCU, June, 1994,
"D&O Claims
Handling - The Insured's Perspective," Guest Speaker for Corroon & Black National D&O Staff Meeting,
November, 1993, Chicago, IL.
Mock motion
argument, "Economic Loss Rule," American Bar Association Mid-Winter
Litigation Section, October, 1993,
"An Update on
Insurance Issues in High-Technology Companies," Speaker, Northern
California RIMS Back to School Day, September 1992,
"Risk
Management for Data Processing Clients," Chairman and Panelist, American
Bar Association Annual Meeting, August 1991,
"Risk
Management for Intellectual Property Litigation and Viruses," Corroon & Black, July 1991,
"CYA: Insurance
in the Post-Lotus Era," Computer Law Association and Business Law Section
of the
LANDEX (Local Area
Network Dealer Exposition), Speaker on Litigation Issues, 1989 & 1990,
"Insurance
Issues in Computer Litigation,"
"Computer
Litigation," Faculty, Andrews Computer Litigation Reporter, February 1989,
"Computer
Fraud: Investigation, Prosecution and Civil Litigation," Chairman and
Moderator, American Bar Association Annual Meeting, August 1988,
Minnesota CLE
Annual Computer Law Seminar, Speaker and Workshop Leader regarding litigation
aspects, May 1988, Minneapolis, MN.
"Are You
Managing Your Risks, or Managing to Risk Your Company?," Panelist,
Association of Data Processing Service Organizations, Management Conference,
April 1988,
St. Paul Fire and
Marine, Risk Management Seminars, Speaker on managing the litigation risk,
Seattle, Portland, Phoenix, San Jose, San Francisco, St. Paul, Brea, San
Antonio, Chicago, Colorado Springs, Vancouver, Dallas, Salt Lake City, 1983 to
present.
National Computer
Conference, Law & Computers Technical Session, Chairman and moderator in
1984 and 1985, panelist in 1983. 1985
Authorship
Book
Chapter on "Insurance for
Computer Related Risks" in
"Computer Law for Vendors of Software and Hardware" published by
Prentice-Hall Law & Business (publication in October, 1994, updated in
October, 1995) (An older item which is
still a relevant introduction to the subject)
Journal
Editor-in-Chief, "Internet and Computer Litigation Journal" of
the American Bar Association's Section of Litigation, Committee on Internet and
Computer Litigation, 2000-2005.
Associate Editor, "Computer Performance
Litigation" section of the "Computer Litigation Journal"
published quarterly by the American Bar Association's Section of Litigation,
Committee on Computer Litigation, 1994-2000. Author of the quarterly
column on "Recent
Developments in Computer Litigation"
Paper
"Function Design Document: Toward Better Documentation for Data
Processing Contracts", Conference Proceedings of the International
Conference on Systems Documentation, January 22-23, 1982.
Articles
“An Updated
Practical Guide To ICPIC In California”, Law 360 – Insurance Law, May, 2009.
“Can Courts Require Insurers to
Personally Attend Mediations?”, Coverage, ABA Section of Litigation Committee
on Insurance Coverage Litigation, September/October, 2008.
"Bracing for the Invasion of the
Millennium Bug", Insurance Litigation, April, 1998
"Critical Path to Mediating
High-Tech Disputes", ABA Computer Litigation Journal, February, 1998
(written by Raymond L. Ocampo, Jr.,
litigator's comments by Steven Brower)
"Beyond Awareness: Ten Management
and Ten Legal Pitfalls Regarding the Year 2000 Computer Problem That You May
Not Have Considered, YET!", co-author Warren S. Reid,
http://www.year2000.com, March, 1997, reprinted in more than 25 publications
and web sites.
"9 Legal Issues Regarding The Year
2000 Problem", ABA Computer Litigation Journal, December, 1996.
"Insurance Issues for the Computer
Industry", Boston Bar Journal, September/October 1989.
"Software Malpractice: Headline of
the Future?", Software in Healthcare, February/March 1984.
"Contracting
for Data Processing in Healthcare", WLE Health Law Outlook, October 1983.