Schedule

Wednesday June 14, 2017

(100 Min)

Chutes & Ladders for Lawyers

*Presented by the Professional Ethics Committee

If there's one certainty in law practice, it's that ethics are always relevant. This past year has seen two major rule petitions adopted by the Wisconsin Supreme Court. What better time to incorporate the new rules and the old rules as they relate to ethical issues that occur in daily practice?

See how easy and fun learning about ethics can be in this game-like session that will prepare you to handle everyday ethical issues competently and confidently.

Thursday June 15, 2017

Conference Welcome and Native American Blessing

(75 Min)

Public Opinion, the Press, and Political Persuasion in the Age of Trump

Ken Goldstein - Professor of Politics, University of San Francisco

Former UW-Madison professor, Kellett Award recipient, and Chancellor’s Award recipient Ken Goldstein is one of the country's premier experts on the use and impact of political advertising. He has also provided election night coverage as part of the ABC news elections unit for every U.S. federal election since 1988.

Goldstein's reputation for non-partisan analysis has made him a favorite source for politicians and the news media alike. He has appeared numerous times on Newshour with Jim Lehrer, Nightline, ABC World News Tonight, NBC Nightly News, CBS Evening News, FOX News Channel, MSNBC, CNBC, and CNN, and is a frequent contributor on National Public Radio.

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He is also quoted extensively in the country's top newspapers such as The New York Times, The Washington Post, and The Wall Street Journal. Goldstein’s publications on political advertising, voter turnout, survey methodology, presidential elections, and news coverage have appeared in top line political science journals and major university presses as well as in refereed law and medical journals. He is currently professor of politics at the University of San Francisco and Faculty Director of the USF in DC program. He also teaches in USF's Masters' Program in Public Affairs, which focuses on the skills needed to run a modern political campaign.

(50 Min)

The "Risky Business" of Health Care Law: What Every Business Lawyer Needs to Know

*Presented by the Health Law Section

As the health care industry continues to rapidly evolve, health care laws are becoming ever more complex.

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In fact, the complexity of the healthcare industry's structure, regulations, operations, and legal liability is unmatched. How can a lawyer begin to make sense of it all?

This session covers the basic health care law concepts every attorney should know illustrated with current, real-world examples. Get an introduction to such topics as:

  • Stark Law
  • Corporate Practice of Medicine Doctrine
  • Health Insurance Portability and Accountability (HIPAA) compliance
  • Protected Health Information (PHI)
  • False Claims Act
  • Anti-Kickback Statute
  • Controlled Substance Act
  • Yates Memorandum

Top 10 Estate Planning Lessons from Recent Deceased Celebrities

Eido M. Walny, Walny Legal Group LLC, Milwaukee

From Prince (who did no estate planning) to Robin Williams (who did extensive planning but still ran into problems), celebrities make lots of estate planning mistakes. Join us for a look back at recent celebrity deaths and the numerous lessons every lawyer can benefit from learning about preventing estate planning problems.

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Take a closer look at a variety of different cases, from estates where where no planning was done to those where circumstances changed but the estate plan did not. You'll discover practical, real-world lessons you can apply to everyday client situations.

Estate planning challenges are the rare area of law that affect all lawyers' clients. Don't miss this opportunity to learn from the mistakes, errors, and omissions made in celebrity estate plans.

The Future of Race and Policing in the Trump Era

*Presented by the Civil Rights & Liberties Section

For decades, interactions between police and people of color have often been tense and even violent. In an effort to improve the relationship between these groups, researchers are trying to understand the effect of conscious, unconscious, and systemic racial bias on the treatment of African-Americans by police, as well as the effects of cultural factors and changes in police tactics and weaponry.

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Presenter Samuel Walker, a nationally-renowned authority on police accountability, will examine existing and proposed efforts to address racial bias while enhancing effective policing. He will also discuss how we as lawyers can help protect the civil liberties of all persons - especially persons of color - during encounters with police.

You'll learn:

  • The impact of race on policing
  • Factors contributing to civil liberties violations in encounters between citizens - especially racial minorities - and police
  • -What is being done or proposed for improving the ability of police to achieve legitimate policing objectives while protecting the civil liberties of the suspects they encounter
  • How lawyers can help safeguard civil liberties in the Trump era

    Samuel Walker is a widely known expert on issues of civil liberties, policing, and criminal justice policy. His areas of expertise include
    citizen oversight of the police, early intervention systems to
    identify problem officers, federal pattern and practice
    litigation, and mediating citizen complaints. He is the author of 14 books on those subjects, and has been quoted in major media outlets in the United States and around the world.

(75 Min)

The Reality Behind the US Refugee & Asylee Admissions Process

Presented by: International Practice Section

If you've ever wondered about the legal requirements for refugees to be resettled in the United States and for asylum seekers to be granted asylum, this is the session for you.

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The admission of refugees and asylees into the United States is a hotly-debated topic in the news and political discourse. However, these discussions often lack grounding in the legal requirements that refugees and asylees must fulfill in order to gain entry to or be permitted to stay in the U.S.

The fact is, refugees and asylees undergo extended background checks that can last an average of 18-24 months - the strictest of any group of people seeking legal status in the U.S. This program will provide an overview of that process while also:

  • Assisting immigration lawyers who currently represent refugees and asylees
  • Educating immigration attorneys who wish to expand their practice to include refugees and asylees
  • Informing all lawyers about legal issues relating to the United States' policy on the admission of refugees and granting of asylum

Get the Lead Out: Legal and Regulatory Issues Associated with Lead in Water Service Lines

*Presented by the Government Lawyers Division, Public Utilities Section, and Environmental Law Section

The recent water crisis in Flint, Michigan, brought the problems associated with lead pipes to the forefront of the nation's attention. How did it happen? What could have been done differently to prevent the problems that occurred?

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In this panel presentation, discover the local, state, and federal regulatory issues surrounding lead in water pipes. Look at the legal concerns that arose during the Flint water crisis, and explore how those same issues may affect citizens, regulators, utilities, and municipalities in Wisconsin.

Key topics to be covered include:

  • Legal issues arising from contaminated water service lines
  • How water utility regulation impacts finding solutions
  • Legal problems surrounding Flint, Michigan cases
  • How municipalities are dealing with these issues in Wisconsin

Dos & Don'ts from the Circuit Court Bench

*Presented by the Litigation Section

If you've ever wished you could know what judges are thinking in the courtroom, this is your chance to find out. Learn practical tips and hear honest insights from a panel of three circuit court judges as they discuss:

  • Pet peeves
  • Evidentiary pitfalls
  • Decorum in the courtroom
  • How lawyers can be more persuasive and effective advocates

(50 Min)

What's In Your Files?

Aviva Meridian Kaiser, State Bar of Wisconsin, Madison;
Tison H. Rhine, State Bar of Wisconsin, Madison

A lawyer’s duty to promptly surrender the file upon termination of the representation is well established, yet questions often arise about the scope of this duty. New Formal Ethics Opinion EF-16-03 addresses many of these questions, including,"What materials must a lawyer include when a former client requests the file?"

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This fun, interactive session will teach you:

  • The Rules of Professional Conduct governing file surrender, retention, and destruction
  • File creation and management tips

Plus, try your hand at playing "What's in Your Files?"

What You Need to Know About Elder Law for Estate Planning and Probate

*Presented by the Elder Law Section

Elder law is a rapidly growing area of practice, but many estate planning and probate attorneys do not practice much, if any, elder law. This is your chance to explore elder law opportunities in estate planning/probate situations that you may be overlooking.

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Learn to spot elder law items in situations such as:

  • Estate planning involving disability and/or public benefits issues
  • Probate and guardianship proceedings

Plus, receive helpful guidance and practical solutions for common elder law concerns.

Writing a Winning Brief

*Presented by the Appellate Practice Section

Gripping. Thrilling. Interesting. Think those words can't describe a brief? Think again. Attend this session to discover how to take your briefs from "good enough" to "great".

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Presenters Melissa Greipp and Joe Bugni will share their secrets to making briefs stand out, be more persuasive, and make judges want to keep reading. Find tips on:

  • Making the most out of issues statements, subheadings, summaries, and road maps
  • Discarding clunky phrasing
  • Telling a good story
  • Embedding images in your briefs for persuasive effect

Melissa Greipp teaches legal writing and manages the moot court program at Marquette Law. Joe Bugni is a former clerk with a Seventh Circuit jurist and, as a supervisor with the Federal Defender Services of Wisconsin, Inc., is a frequent litigator in the Seventh Circuit. He won an award last year from the State Bar's Appellate Practice Section for writing one of the best briefs of the year.

(75 Min)

Developments in International Law Concerning Indigenous Peoples

*Presented by the Great Lakes Indian Fish & Wildlife Commission, the Indian Law Section, and the International Law Section

Indian Tribes will soon be able to gain accreditation to participate permanently in the United Nations. Learn how you can assist Tribes in using the mechanisms of the UN to protect their rights and interests.

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This session will describe how:

  • Indian nations can participate in the United Nations as tribal governments
  • Tribes can use the new Expert Mechanism to call attention to rights violations of the tribe and individual Indians, especially women and girls
  • Attorneys can use the American Declaration on the Rights of Indigenous Peoples and the Organization of American States to benefit Indian Tribes and individuals

Fiduciary Duties in Wisconsin Corporations

*Presented by the Business Law Section

This session will give an overview of the role of fiduciary duty in the governance of Wisconsin corporations. The presentation will cover who owes fiduciary duties to whom under Wisconsin corporate law, what duties a corporate fiduciary owes and what those duties require, how the courts review corporate transactions using the doctrines of corporate fiduciary law, and when a corporate fiduciary may face exposure to personal liability.

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It also will cover key provisions of the Wisconsin Business Corporation Law, as well as points of convergence with, and divergence from, the law of Delaware. The session will be valuable to both litigators and non-litigators whose practice touches on the internal affairs of Wisconsin corporations.

Attorneys attending this presentation will gain an understanding of the key common-law concepts and statutory provisions that give structure to Wisconsin's corporate fiduciary law. They will leave the presentation knowing the important questions to ask, and answer, when a corporate transaction is challenged by a dissenting shareholder. They also will receive an updated overview of critical decisions, both in Wisconsin and Delaware, relevant to the governance of Wisconsin corporations.

E-Motional Intelligence 2017: The New E-Discovery Rules and Proportionality? Yes, Proportionality

*Presented by the Nonresident Lawyers Division

Big or small, every case is an e-discovery case. More than 90 percent of business documents will never be printed. And when litigation comes, the amount of data stored will not vary in proportion to the size of the case.

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As discovery motions are regularly being decided with proportionality in mind, hear insightful analysis from the bench, bar, in house counsel, and litigation technology professionals on e-discovery strategies.

Learn how the new federal rules of civil procedure have changed discovery practices relating to e-discovery, as well as strategies to take advantage of these rules changes. Explore recent jurisprudence interpreting these changes to the rules.

You'll also enjoy the rare opportunity to receive first-hand advice from judges on what they expect from the lawyers who appear before them. Plus, find out what companies expect from their outside counsel regarding e-discovery disputes.

(50 Min)

Employment Law - The Year in Review

*Presented by the Labor & Employment Law Section

Both employers and employees face a constantly changing and often challenging array of laws at federal, state, and local levels.

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Stay abreast of what's happening with this recap of the changes most important to businesses and employees from the last year. Plus, find out what may be on the horizon.

Even if you don't practice traditional labor and employment law, this session has something for everyone. Topics will include:

  • Discrimination cases and initiatives
  • Wage and hours matters
  • Trade secrets and non-competes
  • Agency interpretation and enforcement

What Debts Are Your Clients Stuck With Even After Bankruptcy?

*Presented by the Bankruptcy, Insolvency & Creditors' Rights Section

Business, family, and litigation attorneys are all involved in drafting that may inadvertently impact the dischargeablility of certain debts. Receive a review of various types of debts, including:

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  • Taxes
  • Domestic support obligations
  • Student loans
  • Pension plans
  • Debts related to certain torts and criminal actions

Understand the differences in the types of bankruptcy on dischargeability, as well as what to expect upon filing. Discover available drafting options to assist your clients. Plus, learn when to refer to a bankruptcy attorney.

Common Evidentiary Issues and Pitfalls

*Presented by the Young Lawyers Division and the Litigation Section

Evidentiary issues don't have to keep you up at night. Come to this session for a review of evidentiary pitfalls common to a variety of practice areas, and advice on how to identify, avoid, and handle them.

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  • Refresh your recollection of the rules of evidence
  • Gain insight into how the rules of evidence are applied differently in different contexts
  • Learn to identify, use, and circumvent evidentiary pitfalls and traps

The presenters represent a wide range of practice areas from all over the state and will share their unique perspectives on handling key evidentiary concerns.

The Innovation Mindset: Think Like a Client

Is there a disconnect between how lawyers traditionally deliver legal services and the way consumers look at these services? How does the legal profession turn these marketplace pressures into opportunities for growth?

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? Learn about today’s buyer’s market, the process of innovation, and why the key to innovation is to “think like a client.”

  • Explore the marketplace pressures that are changing how consumers purchase legal services and how lawyers deliver them
  • Learn how to think about the legal system from the consumer's point of view
  • Understand the process of innovation and how to move ideas from your head to implementation

Friday June 16, 2017

(75 Min)

Real Estate Review

*Presented by the Real Property, Probate, and Trust Section

Landlords, and tenants, and trusts - oh my! Find out what's new in the world of real estate, including recent changes to Wisconsin's landlord-tenant laws. Discover practical tips for landlords and attorneys in lease drafting, such as:

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  • Prohibited residential lease provisions that could render a lease void and unenforceable
  • The basics of listing contracts

In addition, this session will look at the crossover between real estate and trusts and estates - specifically, key considerations for attorneys when creating estate plans and transferring property to and from trusts.

Understanding the Divorce Process from A to Z

*Presented by the Family Law Section

Dig deeper into the divorce process in this session designed for attorneys new to family law. From the initial filing to the final hearing, understand every step of Wisconsin's divorce process and receive practical advice on being a divorce attorney.

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You'll learn how to:

  • Get ready for the temporary relief hearing
  • Plan for the pretrial conference
  • Develop your case through the process of discovery
  • Prepare for the final divorce hearing

Cultural Competence and the Law Practice

*Presented by the Diversity and Inclusion Oversight Committee

As attorneys living and practicing in an ever more diverse society, it's essential we understand how to communicate with and serve those from diverse backgrounds.

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As attorneys living and practicing in an ever more diverse society, it's essential we understand how to communicate with and serve those from diverse backgrounds.

  • Why cultural competence matters in the legal profession
  • Ethical requirements for attorneys regarding cultural competence
  • Cultural competence in the office as an employer, with clients, and in court

(50 Min)

CLE Credit for Pro Bono – Practical Implications

*Presented by the Public Interest Law Section and the Legal Assistance Committee

Did you know that your pro bono work can earn you CLE credits? Thanks to newly-enacted Petition 15-05, certain pro bono activities now qualify for CLE credit. Get all the details in this helpful session. You'll discover:

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  • The ins and outs of Petition 15-05
  • Best practices for pro bono programs
  • How to turn your pro bono hours into CLE credit

Plus, hear from pre-qualified pro bono organizations on how this rule is changing their programs.

The Disappearing Witness in Personal Injury Cases - Treating Physicians Who Refuse to Testify Based Upon ALT vs Burnett and Other Grounds

*Presented by the Litigation Section

Wisconsin physicians are protected from having to give opinion testimony against their will under a variety of statutes and case law, including the Burnett vs. Alt decision.

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This has set the stage for a developing trend of treating physicians refusing to provide testimony in injury cases for their patients. Stay on top of this emerging trend and explore its impacts around the state in this insightful session. You'll receive:

  • A review of the Burnett vs. Alt decision
  • A look at how treating physicians are interpreting that decision to avoid testifying
  • Advice on how to address these situations from both plaintiff and defense perspectives

Where you Stand Depends on Where You Sit

*Presented by the Alternative Dispute Resolution Section

Mediators, attorneys, and clients all bring their own unique perspectives to mediation. If you've ever wondered what your fellow lawyers and mediators think about mediation, this is the session for you.

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Enjoy an interactive exchange between experienced mediators and the audience on a variety of mediation topics. During the session, audience members will anonymously answer poll questions using their smart phones with the results displayed for all to see. Each question will then be discussed and analyzed by both the panel and audience members.

Topics covered include:

  • How attorneys can best prepare themselves and their clients for a successful mediation
  • Nuts and bolts: future disputes, fees, memoranda produced in mediation, and how to choose a mediator
  • What styles work best for which types of cases

(50 Min)

No Coverage? Practical Implications of Recent Wisconsin Insurance Cases on Construction Matters

*Presented by the Construction & Public Contract Law Section

In construction litigation, an insurance coverage determination can make or break the case. If you practice construction or insurance law, this session can help you advise clients looking to obtain coverage and manage the risks associated with construction litigation.

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  • Understand new supreme court cases that impact insurance coverage for construction cases
  • Review insurance policies and programs for construction projects
  • Learn how to maximize insurance coverage issues to benefit your litigation case

Navigating the Challenging Health Insurance and Health Plans Environment (ACA)

*Presented by the Insurance and Member Benefits Committee

The health insurance and health plan environment continues to change dramatically, making it sometimes difficult to maneuver through all the options and regulations.

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Whether you're considering a health plan for your own firm or assisting your clients in understanding their insurance options, this session can help you find clarity amidst all the confusion.

You'll learn:

  • Up-to-date information about the current state of health insurance and plans
  • Information about developments that will impact health plans and insurance in Wisconsin and other states in the future
  • Strategies for navigating this changing environment

Partnership and Operating Agreements Must Change: the impact of the new IRS partnership audit rules

*Presented by the Taxation Law Section

The Bi-Partisan Budget Act of 2015 changed the future of partnership tax audits by creating a new partnership level tax for audit liabilities.

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Your clients may be stuck paying this partnership level tax at the highest tax rate unless they are eligible to opt out and have the appropriate language in their partnership and operating agreements to do so.

Learn how partnerships and LLCs are subject to these new rules, who may opt out, and how the tax can be spread among the appropriate parties. This presentation will also discuss how partnerships can modify their partnership and operating agreements and include sample language for various scenarios.

(60 Min)

The Other Wes Moore

Wes Moore, Best-selling author and founder, BridgeEDU

Acclaimed author Wes Moore is a veteran, Rhodes Scholar, and the founder of BridgeEDU – an organization addressing the college completion and job placement crisis. He has served as a White House Fellow to Secretary of State Condoleezza Rice and as a political/economic analyst for NBC news.

Moore is also the host of Beyond Belief on the Oprah Winfrey Network, and the executive producer and host of PBS’s Coming Back with Wes Moore, which focuses on the re-integration of Iraq and Afghanistan veterans and their return home.

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Moore will be available for a book signing immediately following the Closing Plenary Session from 2 – 2:45 p.m. on Friday, June 16. Copies of Wes Moore’s book, The Other Wes Moore: One Name, Two Fates are available at a special AMC price of $12.80 (plus tax) per copy. The original price is $16.00. Please contact Barnes and Noble at East Towne Mall (Madison) at 608-241-4695, and they will gladly complete your purchase via credit or Barnes and Noble gift card. Your pre-paid copy of the book will be available for pick up at the Annual Meeting & Conference on Friday, June 16 from 11:30 am – 2:00 p.m. outside of Sandstone 2/7. (A limited number of books will also be available for purchase at the conference prior to the start of the session.) You may also purchase the book at the store for the discounted price. Simply let the bookseller know that you are attending the State Bar of Wisconsin Annual Meeting & Conference to receive the special price.

The Other Wes Moore tells the tale of two kids with the same name living in the same decaying city. One grew up to be a Rhodes Scholar and White House Fellow after serving in the prestigious 82nd Airborne Division of the US Army. The other is currently serving a life sentence for the killing of a police officer during an armed robbery. Burning with curiosity as to why he and the other Wes were so radically different, Moore investigated the man with the same name. The result was an instant New York Times and Wall Street Journal bestseller, which captured the nation’s attention on what draws the line between success and failure in our communities.

You can follow Wes on Twitter (@WesMoore1) and on Facebook (www.facebook.com/IAmWesMoore). See more at WesMoore.com.

Last Modified: Wednesday June 14 2017

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Contact Us

General Info:
Tim Clark
tclark@wisbar.org
(800) 444-9404 ext. 6110
(608) 250-6110
 
Sponsors:
Karen Richter
krichter@wisbar.org
(800) 444-9404 ext. 6132
(608) 250-6132
State Bar of Wisconsin