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The Transcript 10

Michael Conger

Law Office of Michael A. Conger

16236 San Dieguito Road, #4-14

P.O. Box 9374

Rancho Santa Fe, CA 92067

congermike@aol.com

(858) 759-0200

Education

Law School/Year: Vanderbilt University/1986

College/Year: Vanderbilt University/1983

Bar Admissions

California, Oklahoma

Practice Areas

Business Litigation, Civil Litigation, Discrimination and Civil Rights, Labor, Legal Malpractice

Major cases you have participated in

I have handled several major cases involving pension funds, including the city and county of San Diego. Obtained largest jury verdict in California 1997 in case against General Dynamics Corp. Have handled numerous class action and other complex litigation matters.

Professional background

Twenty years civil litigation experience for both plaintiff and defense. Served on board of directors for Consumer Attorneys of California. Master with Enright and Wallace Inns of Court.

Professional affiliations

Consumer Attorneys of California, Consumer Attorneys of San Diego


Sharon Mehlman

Larrbee & Zimmerman LLP

10145 Pacific Heights Blvd., Suite 910

San Diego, CA 92121

Sharon@larrabee.com

(858) 642-0420

Education

Law School/Year: University of San Diego School of Law/1997

College/Year: University of Massachusetts, Amherst/1992

Bar Admissions

California

Practice Areas

Immigration and Naturalization

Major cases you have participated in

I assist technology companies to employ the best and the brightest from around the world so they can compete in a global economy. In doing so, I am often required to develop innovative employment solutions within an ever-changing area of law. This determines whether a vaccine will move to clinical trials, or new technology will go to market, or a company can proceed with an international project. I also help individuals with the challenges, post Sept. 11, to enter and remain in the United States.

Professional background

Attorney with Larrabee & Zimmerman LLP over eight years and a partner since 2004.

AV rated by Martindale Hubbell.

Prior employment in human resources and scientific programs with a brain research institute while attending USD Law.

Professional affiliations

Past president, SD Chapter of AILA (American Immigration Lawyers Association)

Numerous liaison activities on a local, regional and national level through AILA, including current appointment as national liaison to Immigration Service HQ

Frequent invited speaker on business immigration topics

Personal background

East coast native, living in San Diego since 1993. Residing in Encinitas with my two dogs, Jake and Tucker.


Frederick Muto

Cooley Godward LLP

4401 Eastgate Mall

San Diego, CA 92121

fmuto@cooley.com

(858) 550-6010

Education

Law School/Year: University of California, Berkeley School of Law (Boalt Hall)/1979

Other Graduate School/Year: Harvard Law School/ 1978-1979

College/Year: State University of New York at Buffalo/1975; Phi Beta Kappa

Bar Admissions

California

Practice Areas

Corporate Business

Major cases you have participated in

Emphasis on the representation of emerging and public technology and growth companies, as well as venture capital investors and investment banks. Have represented companies and investment banks in well over 100 public offerings.

Recent transactions advised on include: initial public offerings for CryoCor Inc., Favrille, Metabasis and SGX; follow-on offerings for Arena Pharmaceuticals ($180 million), Cypress, ISIS and Vical; PacifiCare's acquisition of AMS ($500 million); Catalina Restaurant Group's acquisition by Zensho; Charlotte Russe's sale of its Rampage brand assets to Forever 21; and PacketVideo's acquisition by NextWave.

Professional background

Partner in charge of the San Diego office of Cooley Godward. Founding partner of the office, which opened in 1992, and member of the Firm's Management Committee. The Cooley San Diego office was recently named the number one firm in San Diego as ranked by area corporate board members, according to Corporate Board Member magazine in its July/August 2006 issue.

Selected by Lawdragon in 2005 as one of 500 leading lawyers in America, have been listed for more than 10 years in "The Best Lawyers in America," including the recently released 2007 edition, and was named by San Diego Magazine as one of the "Best Lawyers in San Diego." Was also named by Nature magazine as one of 25 individuals -- and one of two attorneys -- instrumental to the success of San Diego as a high-technology and biotechnology hub.

Professional affiliations

Member of the Advisory Board for the San Diego Biosciences Center at San Diego State University, on the boards of directors of ISIS Pharmaceuticals and CONNECT. Frequent panelist on corporate governance and securities laws for numerous organizations such as PLI, the Corporate Directors Forum, San Diego Venture Group, CommNexus and RR Donnelly's SEC Hot Topics Institute.


Eddie Rodriguez

Mintz Levin Cohn Ferris Glovsky and Popeo PC

9255 Towne Centre Drive, Suite 600

San Diego, CA 92121

ewrodriguez@mintz.com

(858) 320-3027

Education

Law School/Year: Stanford Law School/1994

College/Year: UCLA/1991

Bar admissions

California

Practice areas

Corporate Business, International, Technology

Major cases you have participated in

(1) Representing Biogen Idec in its $250 million acquisition of Conforma Therapeuctics; (2) Representing numerous start-ups in acquiring its Series A financings, including (i) Vocel, Inc., (ii) InterCasting Corporation, (iii) Medical Device Group, Inc., (iv) Bioverdant, Inc., (v) GlobalTel Media, Inc., (vi) StrongMail, Inc., and (vii) Impact Engine, Inc.; (3) representing a private equity group in Los Angeles with over $25 million in private equity/acquisition transactions. I have also worked on numerous M&A deals involving local companies in San Diego, including (i) sale of Dura Pharmaceuticals to Elan and (ii) sale of Comps.com to Co-Star Group.

Professional background

I’m a partner at Mintz Levin. I recently help form the San Diego office for Mintz Levin, along with 10 other attorneys. Prior to joining Mintz, I chaired the firm wide corporate group for another national law firm.

My practice is focused on a full range of corporate and securities matters, including corporate formation, mergers and acquisitions, venture financing and general business counseling for both public and private companies. I have extensive experience with counseling public and private companies in the life science, telecommunications, software, hardware and information technology industries in a broad range of transactional matters.

I have handled over 200 M&A transactions and have worked on numerous venture financings. My start-up practice focuses primarily on “company-side” work, which means I try to represent start-up companies from the earliest stages possible and help them with their corporate formation, business plans, etc.

Professional affiliations

I currently sit on the Board of Directors for (i) the San Diego Asian Film Festival Foundation and (ii) StandUp For Kids. I’m also a member of the ABA and the California Bar Association.

I’m also active in many local organizations in San Diego, including CONNECT and the Corporate Directors Forum. I’m a regular speaker at VentureForth’s annual venture capital events.


Dennis Schoville

Schoville & Arnell, LLP

1230 Columbia St., Suite 800

San Diego, CA 92101

dschoville@schovillearnell.com

(619) 232-9901

Education

Law School/Year: Northwestern University/1974

Other Graduate School/Year: Chicago-Kent College of Law/1973, With distinction

College/Year: University of Wisconsin-Madison/1967

Bar Admissions

Wisconsin, Illinois, California

Practice Areas

Aviation, Civil Litigation, Personal Injury & Property Damage, Product Liability

Major cases you have participated in

On June 30, 2006 -- received an award against Kaiser & So. Ca. Permanente Medical Group for medical malpractice in failure to dx bacterial pneumonia in a 30-year-old pregnant woman -- award of $3,027,717 for victim and $250,000 for her husband's loss of consortium.

On June 3, 2004 -- received a jury verdict against Ford Motor Co. for $369,000,000 resulting from an Explorer rollover and resulting paraplegia for 47-year-old mother of two and loss of consortium for her attorney-husband. Trial court remitted the award to approx. $155,000,000 was accepted by clients and appealed by defense. This was Ford's first defeat in a Ford Explorer rollover case after defending 13 cases in a roll across the United States and the largest verdict in California in 2004.

Alvarez v. County of Imperial -- received a jury verdict for a Mexican family in the amount of $3,250,000 for the death of a young father working in the agricultural fields near El Centro as a result of a truck-related accident.

Coughlin v. The Tailhook Association -- received a jury verdict against the Hilton Hotels and The Las Vegas Hilton for negligent security, which resulted in the assault of Navy Lt. Paula Coughlin. The total sums paid to Lt. Coughlin totaled $7,200,000.

Shohet v. The Paul Revere Life Insurance Co. -- received a jury verdict for $1,700,000 against the defendant for breach of contract and bad faith claims for failing to pay disability benefits to an injured chiropractor. Client is receiving annuity payments for his entire life, which will exceed $4,800,000.

Adler v. Caffray -- received a jury verdict for a minor with cerebral palsy against an attorney and a law firm for legal malpractice arising out of a defense verdict imposed against the minor in a separate medical malpractice case. The jury verdict was for $6,400,000.

Have obtained in excess of 30 multimillion-dollar settlements and verdicts as counsel for plaintiff clients in a wide variety of civil cases.

Professional background

From 1974 to 1980 I was employed as an associate attorney at Gray, Cary, Ames and Frye. In 1980 I was admitted to partnership at Gray Cary, which later merged with Gray, Cary, Ware, and Friedenrich. I left Gray Cary and established the firm of Schoville & Arnell, LLP in February 1997, where I continue to specialize in major civil litigation matters covering a wide spectrum of high-end, complex cases. I have an extensive background in successfully prosecuting and defending cases before civil juries, which is unique in that very few trial attorneys are adept on either side of a case.

Professional affiliations

Fellow, The American College of Trial Attorneys; member, The American Board of Trial Advocates (past pres. SD Ch. and current director, National Board of Trustees); past pres. of Consumer Attorneys of SD, master of the American Inns of Court; recipient, Daniel T. Broderick Memorial Award for Professional Integrity; listed in Best Lawyers in America; voted one of the "Top 100 Most Influential Attorneys of California (LA Daily Jnl--2004); chair, SD Co. Bar Judicial Evaluation Comm. (2006).

Personal affiliations

Charter fellow of the Foundation of the American Board of Trial Advocates, served as a Superior Court judge pro tempore, past member & pres. of the board of trustees of the Jamul-Dulzura Union School District, general counsel and national secy of The Distinguished Flying Cross Society, life member of The Vietnam Helicopter Pilot's Association

Personal background

I was born in Richland Center, Wis., in 1945. After graduating from the University of Wisconsin I was commissioned and qualified as a U.S. Army aviator and served in the Vietnam War as a helicopter flight section commander. During that time I was awarded two Silver Stars, the Distinguished Flying Cross, the Bronze Star, three Purple Hearts and several air medals and service awards. I was medically retired at the age of 26 as a captain due to combat injuries. My wife, Michele, and I were married in June 1971 and have two children, Stephanie and Sean, who are the joys of our life.


Dick Semerdjian

Schwartz Semerdjian Haile Ballard & Cauley LLP

101 West Broadway, Suite 810

San Diego, California 92101

das@sshbclaw.com

(619) 236-8821

Education

Law School/Year: University of San Diego Law School/1985

College/Year: University of California, San Diego/1981

Bar Admissions

California; Southern District, United States District Court; Eastern District, United States District Court; Northern District, United States District Court; Central District, United States District Court; Supreme Court of the United States of America

Practice Areas

Business Litigation, Civil Litigation, Labor, Personal Injury & Property Damage, Product Liability

Major cases you have participated in

I have represented people who have suffered catastrophic injuries resulting from industrial, product and car/truck/motorcycle accidents. I also regularly defend publicly traded and privately held companies in business, commercial labor and employment litigation, real estate and product liability/personal injury cases. I enjoy the diverse practice of law, which spans a wide variety of clients and practice areas.

Professional background

I received a double major at the University of California, San Diego in cell biology and biochemistry. After college, I entered law school at the University of San Diego with the thought of also going to medical school in order to obtain a joint M.D./J.D. degree. While a law student, I clerked at a San Diego law firm that encouraged me to become a trial lawyer (so much for medical school). After passing the bar, I was mentored by the trial attorneys at Post Kirby Noonan & Sweat. In 1998, I left that firm with three of my partners (Ross Schwartz, Jeff Haile and Jim Ballard) and we started our own law firm. Today, Schwartz Semerdjian Haile Ballard & Cauley, LLP has 10 attorneys. The firm is associated with two great retired judges whom we admire and respect greatly -- Hon. James Milliken and Hon. Vincent DiFiglia. The firm specializes in civil trial and appellate practice areas, business and corporate transactional counseling and entity formation, real estate, intellectual property and probate, trusts and estate planning.

Professional affiliations

Director, officer and vice chairman of the San Diego International Sports Council and San Diego International Sports Foundation; vice chairman of the Business Litigation Committee of the American Bar Association Tort Trial and Insurance Practice Section; vice president of the San Diego County Bar Association board of directors; council/board of governors for the American Bar Association Tort Trial and Insurance Practice Section; board of directors of the Torrey Pines High School Foundation and Solana Beach Surf Baseball Club; past board of directors of the San Diego Trial Lawyers/Consumer Attorneys of San Diego (sustaining member); past board of managers for the YMCA Human Development Department; appointed member (appointed by the California State Bar board of governors) American Bar Association House of Delegates; editor of the Civil Law Discovery Law Column for Trial Bar News; sustaining member of the Association of Trial Lawyers of America; member of California Consumer Attorneys; member of San Diego Defense Lawyers; member of the Defense Research Institute; member of the Association of Business Trial Lawyers of San Diego; master of the William Enright Inn of Court; past president of the Barristers Club of San Diego; frequent lecturer CEB and San Diego Inn of Court; UCSD Chancellor Associates and Alumni Association ; San Diego County Bar Association Bench and Bar Committee, Building Committee, Client Assistance Committee.

Personal background

I am married to Peggy Semerdjian, who teaches in Rancho Santa Fe. I have three wonderful children, Alyssa (age 16 -- a student at Torrey Pines High School who runs cross country and track), Tyler (age 14 -- a student at Torrey Pines High School who plays football and la crosse) and Trevor (age 12 -- a student at Carmel Valley Middle School who plays competitive travel baseball with the Solana Beach Surf Baseball Club). Having grown up the youngest son of an Armenian priest, I was instilled with characteristics of honesty, integrity, respect and hard work -- attributes that are emphasized daily by the lawyers in my law firm.


Nancy L. Stagg

Fish & Richardson P.C.

12390 El Camino Real

San Diego, CA 92130

stagg@fr.com

(858) 678-5070

Education

Law School/Year: California Western School of Law/1991, cum laude

College/Year: Franklin & Marshall College/1983

Bar Admissions

California, U.S. District Courts for Southern, Central and Northern Districts of California, U.S. Court of Appeals for the Ninth Circuit

Practice Areas

Business Litigation, Civil Litigation, Technology

Major cases you have participated in

I currently represent San Diego-based Provide Commerce ("ProFlowers") in litigation involving FTD and San Diego biotech NexBio in trade secret litigation. I represent AT&T in the defense of several consumer class actions. I have represented numerous public and private companies in a wide variety of litigation matters, including trial and appeal. Most notably, in 1994, I was part of the trial team that successfully represented former Navy Lt. Paula Coughlin in connection with her civil lawsuit arising out of the 1991 Tailhook Convention. Coughlin was awarded $6.7 million at trial, and the verdict was affirmed on appeal.

Professional background

In 2005, I joined Fish & Richardson LLP as a principal to expand its business litigation capabilities. I specialize in business and commercial litigation, including the defense of unfair competition claims and class actions. Many of my clients are technology companies. I represent clients in all phases of litigation, including pre-litigation counseling, litigation, trial and appeal.

Previously, I was a partner at Gray Cary Ware & Freidenrich and an associate at Rudick Platt Victor & Zuccaro. I clerked for the U.S. Attorney's Office and externed for Judge David Thompson of the Ninth Circuit Court of Appeals.

Professional affiliations

2006 YWCA TWIN Award Recipient; director, San Diego County Bar Foundation; barrister, American Inns of Court, Enright Chapter; member, ABTL; member, San Diego County Bar Association

Personal background

Originally from New York, San Diego resident since 1988. Married to attorney/historian Charles Bethel. Live in South Mission Hills. Devoted aunt to Amanda, age four, and Hope, age two. "Personal assistant" to felines Wilbur, Caleb and Pip. Interests include gardening, reading, politics, cooking, sudoku and travel.


William Sullivan

Paul, Hastings, Janofsky & Walker

3579 Valley Centre Drive

San Diego, CA 92130

williamsullivan@paulhastings.com

(858) 720-2500

Education

Law School/Year: University of California at Los Angeles School of Law/1977

College/Year: University of California, Berkeley/1974

Bar Admissions

United States Supreme Court, California, Federal Circuit Courts of Appeal across the country and all Federal District Courts in California

Practice Areas

Appellate, Business Litigation, Corporate Business

Major cases you have participated in

Argued before the United States Supreme Court on behalf of the defendants in Dura Pharmaceuticals Inc. vs. Broudo, the first securities litigation case before the court in almost a decade. This unanimous decision set the standard for the element of "loss causation" for every 10b-5 securities class action case in the nation.

Also represent companies, directors and officers in shareholder litigation across the country. Many of these cases involve multiple actions pending in federal and state court and involve federal securities claims and derivative claims. Also represent clients before the Securities and Exchange Commission.

Professional background

Managing partner of the San Diego office, chairman of the National Securities Litigation and Enforcement Practice Group and a member of the firm's Litigation Steering Committee. Trial and appellate lawyer with substantial experience representing public companies in federal and state securities class actions, derivative actions and regulatory proceedings. Most of these cases involve claims arising out of public offerings, mergers and acquisitions, disclosure obligations, insider trading, accounting practices or allegations of breaches of fiduciary duties. Substantial experience counseling public companies on corporate governance and on disclosure issues, and have counseled boards of directors in special investigations.

Professional affiliations

California Lawyer of the Year in Securities Law and recognized as one of the Top 100 Most Influential Lawyers in California and Top 30 Securities Litigators in California. Founding master of the San Diego J. Clifford Wallace Inn of Court and Emeritus Board Member of the Association of Business Trial Lawyers. Listed in Best Lawyers in America and recognized as a leader in the field by Chambers USA San Diego Chapter.

Frequently asked to be a panelist and speaker on litigation matters across the country.

Personal affiliations

Spend personal time working in education as a board member of The Bishop's School and as a past president and board member of the board of trustees for the La Jolla Country Day School.

Personal background

I live in La Jolla with my wife, Kait. I am very proud of my three children and their recent educational accomplishments. My son, Matthew, a Georgetown graduate, continues his education in my legal footsteps this fall. My daughter Meghan, a recent Boston University graduate, is now pursuing her passion in the food industry after graduation from the California Culinary Academy in San Francisco. Kathleen, my youngest child, is a junior at Georgetown University majoring in art history.


Daniel White

White & Oliver

550 W. C. Street, Suite 950

San Diego, CA 92101

dwhite@whiteoliver.com

(619) 239-0300

Education

Law School/Year: University of California, Hastings College of the Law/1975

College/Year: San Diego State University/1972

Bar Admissions

California

Practice Areas

Business Litigation, Civil Litigation, Insurance, Legal Malpractice, Patent, Trademark and Copyright

Major cases you have participated in

Successfully defended National University in large wrongful termination suite by founding employee of the university.

Successfully defended a national law firm in large legal malpractice claim by former physician client.

Successfully defended Texaco in claim by gas station operator for termination of his leasehold interest in station alleged to have been on basis of discrimination -- medical and otherwise.

Successfully prosecuted Union Tribune Publishing for wrongful termination of 27-year management employee $800,000 verdict.

Successfully prosecuted claim by man beaten outside massage parlor -- $1,000,000 settlement post -- verdict and before commencement of punitive damages phase of trial.

Successfully prosecuted claim by passenger in vehicle driven by defendant under the influence of alcohol -- $1,500,000 settlement following jury selection.

Professional background

Joined predecessor firm to Neil, Dymott in 1976 and served as insurance defense trial lawyer for 10 years. Co-founded Edwards, White & Sooy in 1986 specializing in civil litigation. Formed what is now White & Oliver in 1996 continuing to specialize in civil litigation.

Tried nearly 100 cases to jury verdict.

Professional affiliations

Admitted to membership in American Board of Advocates in 1983, holding the rank of advocate. Member of Association of Southern California Defense Counsel (former member, board of directors). Member of San Diego Defense Lawyers Association (former member, board of directors) and recipient of 2002 Defense Lawyer of the Year award. Member of Association of Business Trial Lawyers (former member of board of directors). Listed in Best Lawyers in America for many years. Rated AV by Martindale - Hubbell Law Directory for two decades.

Personal affiliations

Member, San Diego Marlin Club


Jon R. Williams

Ross, Dixon & Bell, LLP

550 West B. Street, Suite 400

San Diego, CA 92101

jwilliams@rdblaw.com

(619) 235-4040

Partner in Ross, Dixon & Bell, LLP's San Diego office, specializing in civil writs and appeals at both the state and federal court levels. In that capacity, I regularly partner with other firms and trial counsel throughout California to handle their complex writs and appeals.

Education

Law School/Year: California Western School of Law/1992, cum laude

College/Year: San Diego State University/1989

Bar Admissions

California/Federal Courts, U.S. Court of Appeals - 9th Circuit, U.S. District Court - C.D. California, U.S. District Court - E.D. California, U.S. District Court - N.D. California, U.S. District Court - S.D. California

Practice Areas

Appellate

Major cases you have participated in

I have prepared and argued numerous appeals and writs, many of which have resulted in published opinions on a wide variety of issues, including civil procedure, professional negligence, insurance coverage, punitive damages, probate procedure and elder abuse liability. Representative of those victories include:

Dodge v. Superior Court (2000) 77 Cal.App.4th 513: A decision on writ review construing the jurisdictional time limits for trial courts to rule on post-trial motions.

Estate of Kaila (2001) 94 Cal.App.4th 1122: A decision involving the scope of the Probate Code's "safe harbor" provisions for will contests, leading to the establishment of new legal principles for the interpretation of wills.

Marron v. Regents (2003) 108 Cal.App.4th 1049: A decision on writ review which significantly expanded the scope of the protections provided under California's Elder Abuse laws.

McCarthy Building Companies Inc. v. Teng Li & Associates (2005) 2005 WL 1532274 (Cal. Court of Appeal, Fourth District, Division 3, No. G030544). A decision examining the duties that design professionals owe general contractors in large public works construction projects, resulting in a reversal of $2.8 million in damages previously assessed against my client, a consulting design engineer.

California Department of Transportation (Caltrans) v. Hall (2005) (Cal. Court of Appeal, Fourth District, Division 1, No. D045153). A decision preserving an $8 million judgment in eminent domain for the government's taking of a family business.

Garber v. Horton, Knox, Carter & Foote (2005) (Cal. Court of Appeal, Fourth District, Division 1, No. D044794). A decision affirming the application of California's Anti-SLAPP statute to communications made about the qualifications of a prospective public employee.

Professional background

After graduating cum laude from California Western School of Law in 1992, where I was notes and comments editor of the California Western Law Review/International Law Journal, I joined San Diego's Boudreau & Trentacosta, LLP, specializing for over six years in personal injury, products liability and professional negligence litigation.

I next worked with San Diego-based Higgs, Fletcher & Mack, LLP, focusing my practice almost exclusively on civil writs and appeals. I have continued that practice after joining Ross, Dixon & Bell, LLP in 2000, a national law firm based in Washington, D.C., with offices also in Chicago, Orange County and San Diego.

Professional affiliations

I serve on the board of directors of Consumer Attorneys of San Diego (CASD), and since 1996, have been the civil procedure editor for CASD's Trial Bar News, publishing monthly articles on a number of civil procedure issues. I am a past president of the California Western School of Law Alumni board of directors, and am also a member of Consumer Attorneys of California (CAOC) and the San Diego County Bar Association (SDCBA). I am a frequent lecturer on law and technology issues, as well as appellate procedure, and was recently honored as a semi-finalist in The Daily Transcript's "Top San Diego County Attorneys" for 2005.

Personal affiliations

I have been very fortunate over the years to have a number of extraordinary mentors, including Hon. Robert J. Trentacosta, Steven M. Boudreau and John Morris, to whom I owe an incalculable debt of gratitude and respect.

Personal background When not practicing law, I enjoy spending time with my wife, Melisa, and two young sons, Nate and Ian. In addition to regularly cycling and surfing, I am also trained for and have completed six triathlons in the last two years.

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