Duane Morris LLP

John E. Fagan is a trial lawyer. He focuses his practice on the defense of serious and catastrophic injury cases against the operators of resorts, ski areas and golf courses in premises liability suits. He also has represented a variety of sports product manufacturers, including manufacturers of bicycles, helmets, climbing equipment, water sports equipment, boats and personal watercraft. Through representation of resort operators and sports product manufacturers, he and members of his firm have helped develop case law on implied and express assumption of risk. He regularly is retained to provide advice to clients in the sports and recreation industries on risk management and corporate matters. He has acted as national coordinating counsel for many sports clients, including those in the ski industry, the bicycle industry, the helmet industry and many sporting goods retailers. He works closely with and is regularly engaged to speak before the National Ski Areas Association, the California Ski Industry Association and the Water Sports Industry Association.

Mr. Fagan is a member of the American Board of Trial Advocates, the Association of Ski Defense Attorneys, the American Society for Testing and Materials, and the Defense Research Institute. He has published many articles on sports and recreation liability issues.

Mr. Fagan is a 1982 graduate, with distinction, of the University of Michigan Law School and a graduate of the University of Michigan.

Representative Matters

· Alpine Meadows Avalanche Trial: Successfully defended ski area in wrongful death actions arising out of a catastrophic avalanche at ski resort that left seven people dead. Plaintiffs alleged the resort was negligent in its avalanche hazard forecasting and control efforts. Trial lasted 4.5 months. Defense verdict after 12 days of jury deliberations.

· Brown v. Bieffe Helmets, s.r.l: Successfully defended Italian motorcycle helmet manufacturer in wrongful death action arising out of a fatal motorcycle accident in Sacramento County, California. Plaintiff alleged the helmet decedent was wearing was defectively designed and manufactured. Trial lasted three months. Defense verdict after 15 minutes of deliberations.

· Quinlin v. Bieffe Helmets, s.r.l: Successfully defended Italian motorcycle helmet manufacturer in personal injury action arising out of a motorcycle accident in Yolo County, California. Plaintiff suffered severe brain injury in the incident. Plaintiff alleged the helmet buckle failed and helmet ejected during incident. Trial lasted three weeks. Defense verdict after one-half day of deliberations.

· National Marine Manufacturers Assn., et al., v. Tahoe Regional Planning Authority: Successfully negotiated a settlement on behalf of recreational boating industry to phase in an ordinance banning two stroke engines on Lake Tahoe.

·Bicycle Distributors and Wholesalers Assn.: Assisted in drafting model bicycle owners manual for most major bicycle distributors in North America.

· Willig v. Mammoth Mountain Ski Area: Successfully defended ski area in personal injury action arising out of a snowboarding accident which left plaintiff paralyzed. Plaintiff alleged ski area was negligent in operating the ski resort and that it had committed willful misconduct in allowing an erosion control device to be left on the hill in a dilapidated state and that the device caused his fall and injuries. Trial lasted five weeks. Defense verdict after three days of deliberations.

· Numerous summary judgments which have been appealed have resulted in published case law which has helped establish and revitalize the doctrines of primary and express assumption of risk in California.

· Filed amicus curiae briefs in California Supreme Court which also have helped better define the doctrine of primary assumption of risk in recreational injury cases.

Professional Activities

· American Board of Trial Advocates

· American Bar Association

· Bar Association of San Francisco

· Tahoe-Truckee Bar Association

· Association of Ski Defense Attorneys

· American Society for Testing and Materials (Committee F8 on Sports Equipment)

· Defense Research Institute

· Sporting Goods Manufacturers Association's Sports Litigators

Board Memberships

· California Ski Industry Association

· Coalition of Americans to Protect Sports (Subsidiary of Sporting Goods Manufacturers Association)

Selected Publications

· Co-Author, "Counseling Clients in Extreme Sports and High-Risk Activities," Entertainment and Media Law Client Strategies: Leading Lawyers on Case Strategies, Exceeding Client Expectations, and Negotiating Deals (Inside the Minds), Aspatore Books, October 2007

· Co-Author, "Counseling Clients in Extreme Sports and High-Risk Activities," chapter in Inside the Minds: Leading Lawyers on Case Strategies, Exceeding Client Expectations, and Negotiating Deals, Aspatore Books, October 2007

· "Avalanche Control: Negligence Over Strict Liability," United States Federal Law Review, 1986

· "Ski Area Liability for Downhill Injuries," Insurance Counsel Journal, January, 1982

Selected Speaking Engagements

· California Ski Industry Association Maintenance and Operations Seminar, Heavenly Ski Resort, May 17-18, 2001

· "Issues and Considerations in Defending Lift Accident Cases," Association of Ski Defense Attorneys, March 11, 2001

· "The Van Dyke v. Bear Mt. trial: How competitors cooperated to obtain a defense verdict in a multimillion dollar case," NSAA Annual Mid-Winter Meetings, Vail, Colorado, January 31, 2001

Member: Tahoe-Truckee and American Bar Associations; Bar Association of San Francisco; Defense Research Institute; Sporting Goods Manufacturers Association (Member, Sports Litigators) Coalition of Americans to Protect Sports (Member, Board of Directors); American Society for Testing and Materials (Member, Committee F8 on Sports Equipment); Association of Ski Defense Attorneys.

(Resident). Practice Areas: Sports; Recreation; Products Liability; Appellate; Trial Practice. Email: John E. Fagan

Jill Haley Penwarden practices in the areas of sports and recreation, business litigation and real estate law. She primarily represents ski areas and resort operators in premises liability suits. Ms. Penwarden also provides advice to clients in the sports and recreation industries on risk management, real estate and corporate matters.

Ms. Penwarden is the past president of the Tahoe-Truckee Bar Association and a member of the Association of Ski Defense Attorneys. She has served as a volunteer attorney for the Bar Association of San Francisco's Homeless Advocacy Program, and is qualified as a judge pro tem and as a small claims court advisor for the Placer and Nevada County courts. Ms. Penwarden is a 1995 graduate of the University of California at Berkeley, Boalt Hall School of Law and a graduate of the University of California, San Diego.

Representative Matters

· Obtained defense verdict after five-week jury trial of willful misconduct claim against a ski area by paraplegic snowboarder.

· Resolved dispute between ski resort and condominium owners' association regarding easements over ski resort property.

Professional Activities

· Association of Ski Defense Attorneys

· California Bar Association

· Bar Association of San Francisco
- Homeless Advocacy Program, Volunteer Attorney

· Tahoe-Truckee Bar Association
- Past President

· Placer and Nevada County Courts
- Judge Pro Tem

· Pro Bono Project, New Orleans, Louisiana
- Assisted Hurricane Katrina survivors

Experience

· Duane Morris LLP
- Partner, 2006-present

· Hancock Rothert & Bunshoft LLP
- Partner, 2004-2005
- Associate, 2001-2004

· Perkins Coie LLP
- Associate, 1999-2001

· Walsh, Donovan, Lindh & Keech LLP
- Associate, 1996-1999

Honors and Awards

· Phi Beta Kappa

· Daily Journal's Top Verdicts of 2006: Willig v. Mammoth Mountain Ski Area

Practice Areas: Trial Practice; Sports Law; Business Litigation; Real Estate; Corporate Law. Email: Jill H. Penwarden

Michael L. Reitzell practices in the areas of sports and recreation and products liability and complex torts. His practice emphasizes the defense and risk management of ski areas and resort operators in premises and environmental matters. He represents clients in negligence and products liability cases, at both the trial and appellate levels, and has defended clients in several business litigation matters involving claims of unfair competition, false advertising, and fraud.

Mr. Reitzell is an active member of the Defense Research Institute (DRI), where he currently serves as chair of the Activities Subcommittee for the Young Lawyers Committee, marketing chair of the Technology Committee, and member of the Young Lawyers' Steering Committee.

Mr. Reitzell is a 2001 graduate of the University of California, Davis School of Law and a 1997 graduate of the University of Southern California with a B.A. in broadcast journalism.

Representative Matters

· Souza v. Squaw Valley Ski Corp. (2006) 138 Cal.App.4th 262. Mr. Reitzell handled the case through discovery, summary judgment and argued the appeal before the Third District Court of Appeal in California. The Court, in a published opinion, affirmed summary judgment.

· Vine v. Bear Valley Ski Co. (2004) 118 Cal.App.4th 577. Mr. Reitzell was part of the legal team that obtained reversal of a $9.7 million verdict in a snowboard injury case. The case was retried and resulted in a defense verdict.

· Assisted in representation of a large ski resort in settling an environmental claim brought by the State of California, which had alleged Cal. Business & Professions Code ß 17200, et seq. and CEQA violations.

· Successfully defended a major toy manufacturer in a "nonprofit" organization's unfair competition suit. The plaintiff attempted to force toy makers to contribute toward a settlement or cease their Internet sales and marketing operations two days before Christmas under the guise of the California unfair competition and false advertising laws (Business & Professions Code ß 17200, et seq.). The trial court denied the plaintiff's application for a temporary restraining order and it ordered total dismissal of the suit (and an award of attorneys' fees) through an anti-SLAPP motion.

Professional Activities

· Defense Research Institute
- Products Liability Committee
-- Chair, Products Liability Seminar Young Lawyers Breakout Session
-- Member, Products Liability Seminar Planning Committee
- Recreational Products Specialized Litigation Group
- Young Lawyers Committee
-- Chair, Activities Subcommittee
-- Former Chair, Substantive Liaison Subcommittee
-- Member, Steering Committee
- Technology Committee
-- Marketing Chair

· Tahoe-Truckee Bar Association
- Treasurer

· Association of Ski Defense Attorneys

· American Bar Association

· Bar Association of San Francisco

Experience

· Duane Morris LLP
- Associate, 2006-present

· Hancock Rothert & Bunshoft LLP
- Associate, 2001-2005

Civic and Charitable Activities

· Volunteer, Arizona Food Bank, Phoenix, Arizona, February 2008 Volunteer, Habitat for Humanity, "Rebuild New Orleans, Build the Future" New Orleans, Louisiana, February 2007 Volunteer, Ronald McDonald House, Las Vegas, Nevada, February 2006

Selected Publications

· Author, Product Liability Cases and the Duty to Warn: A 50 State Compendium, Nevada Chapter, The DRI Defense Library Series, December 2007

· Co-Author, "Counseling Clients in Extreme Sports and High-Risk Activities," Entertainment and Media Law Client Strategies: Leading Lawyers on Case Strategies, Exceeding Client Expectations, and Negotiating Deals (Inside the Minds), Aspatore Books, October 2007

· Author, "How We Almost Lost Our Blackberries ... Well, Not Really," For The Defense, June 2006

· Author, Unfair Trade Practice Compendium, Nevada Chapter, The DRI Defense Library Series, December 2005

· Co-Author, Tort Reform and You - Perfect Together?, DRI Annual Meeting Course Materials, October 2004

Selected Speaking Engagements

· "The Dude Factor: Preparing the Unprepared Witness," sponsored by the Defense Research Institute's Young Lawyers Seminar, Orlando, Florida, June 6, 2008

· "Taking a Byte Out of E-Discovery: How to Advise Your Clients Before Problems Arise," sponsored by the Defense Research Institute's Products Liability Seminar, New Orleans, Louisiana, February 7, 2007

· "Getting the Judge to Toss Your Product - Winning Strategies & Arguments for Summary Judgment," sponsored by the Defense Research Institute's Products Liability Seminar, Las Vegas, Nevada, February 8, 2006

· "A Wild Ride in 2003: The Year in Review of Recreational Products Liability Cases and Reports," sponsored by the Defense Research Institute's Products Liability Seminar, Recreational Products Specialized Litigation Group Meeting, New Orleans, Louisiana, February 12, 2004

Practice Areas: Trial Practice; Insurance; Insurance Coverage; Risk Management; Reinsurance; Products Liability; Sports Law; Ski Area Liability. Email: Michael L. Reitzell

Philadelphia, Pennsylvania Office: 30 South 17th Street. Telephone: 215-979-1000. Fax: 215-979-1020.

New York, New York Office: 1540 Broadway, 14th Floor. Telephone: 212-692-1000. Fax: 212-692-1020.

Los Angeles, California Office: 633 West 5th Street, Suite 4600. Telephone: 213-689-7400. Fax: 213-689-7401.

London, England Office: Duane Morris, 4 Chiswell Street, 5th Floor, EC1Y 4UP. Telephone: +44 0 20 7786 2100. Fax: +44 0 20 7786 2101.

Chicago, Illinois Office: 190 South LaSalle Street, Suite 3700. Telephone: 312-499-6700. Fax: 312-499-6701.

Washington, D.C. Office: 505 9th Street, Suite 1000. Telephone: 202-776-7800. Fax: 202-776-7801.

San Francisco, California Office: 100 Spear Street, Suite 1500. Telephone: 415-957-3000. Fax: 415-957-3001.

Boston, Massachusetts Office: Duane Morris LLP, 470 Atlantic Avenue, Suite 500. Telephone: 857-488-4200. Fax: 857-488-4201.

Atlanta, Georgia Office: 1180 West Peachtree Street, Suite 700. Telephone: 404-253-6900. Fax: 404-253-6901.

Miami, Florida Office: 200 South Biscayne Boulevard, Suite 3400. Telephone: 305-960-2200. Fax: 305-960-2201.

Wilmington, Delaware Office: 1100 North Market Street, Suite 1200. Telephone: 302-657-4900. Fax: 302-657-4901.

Newark, New Jersey Office: 744 Broad Street, Suite 1200. Telephone: 973-424-2000. Fax: 973-424-2001.

Houston, Texas Office: 3200 Southwest Freeway, Suite 3150. Telephone: 713-402-3900. Fax: 713-402-3901.

Hamilton, New Jersey Office: 100 American Metro Boulevard, Suite 150. Mailing Address: P.O. Box 5203, Princeton, NJ. Telephone: 609-631-2400. Fax: 609-631-2401.

San Diego, California Office: 101 West Broadway, Suite 900. Telephone: 619-744-2200. Fax: 619-744-2201.

Pittsburgh, Pennsylvania Office: 600 Grant Street, Suite 5010. Telephone: 412-497-1000. Fax: 412-497-1001.

Las Vegas, Nevada Office: 701 Bridger Avenue, Suite 670. Telephone: 702-868-2600. Fax: 702-385-6862.

Baltimore, Maryland Office: 111 South Calvert Street, Suite 2000. Telephone: 410-949-2900. Fax: 410-949-2901.

Boca Raton, Florida Office: 2700 North Military Trail, Suite 300. Telephone: 561-962-2100. Fax: 561-962-2101.

Allentown, Pennsylvania Office: 968 Postal Road, Suite 110. Telephone: 215-979-1550. Fax: 610-264-3295.

Singapore Office: Samsung Hub, 3 Church Street, #14-04. Telephone: +65 6829 3300. Fax: +65 6829 3301.

Ho Chi Minh City, Vietnam Office: Suite 809, Saigon Tower, 29 Le Duan Street, District 1. Telephone: +84.8.827.9460. Fax: +84.8.827.9470.

Hanoi, Vietnam Office: Pacific Place, Unit V1308, 13th Floor, 83B Ly Thuong Kiet Street, Hoan Kiem District. Telephone: +84.4.946.2200. Fax: +84.4.946.1311.