State Bar of Wisconsin

Wednesday CLE Programs
May 5, 2010

• Administrative & Local Government Law Section
• Break
• Elder Law Section
• General Practice Section/Solo and Small Firm Practice Committee
• Health Law Section
• Health Law Section - CLE Box Luncheon
• Individual Rights & Responsibilities Section/Public Interest Law Section
• Litigation Section
• Practice 411/Wisconsin Lawyers Assistance Program (WisLAP)/Wisconsin Association of Legal Administrators (WALA)
• Real Property, Probate & Trust Law Section

Health Law Section - CLE Box Luncheon

11:30 a.m. - 12:50 p.m. - Monona Terrace - Meeting Room K

Program Chair(s) :

Atty. Barbara J. Zabawa, Whyte Hirschboeck Dudek SC, Madison

1.0 CLE credit has been applied for. The cost of the box lunch and CLE program is only $25. Only a small number of tickets will be available for sale at the luncheon.

11:30 - Crisis Management in the Health Care Arena - 2010 Style

• Moderator: Atty. Nathan A. Fishbach, Whyte Hirschboeck Dudek SC, Milwaukee
• Atty. Catherine Mode Eastham, Froedtert & Community Health Inc, Milwaukee
• Atty. Matthew L. Jacobs, US Attorneys Office Eastern District, Milwaukee
• Atty. Patrick J. Knight, Gimbel, Reilly, Guerin & Brown LLP, Milwaukee

Administrative & Local Government Law Section

1:00 p.m. - 4:50 p.m. - Monona Terrace - Ballroom C

Program Chair(s) :

Atty. John R. Orton, Curran, Hollenbeck & Orton SC, Mauston

1:00 - Lookout Below: Flooding and Water Damage Claims (Including Hocking v. Dodgeville)

• Atty. Peggy E. Van Horn, Law Offices of Thomas P Stilp, Brookfield

1:25 - Boat Piers: Who Owns the Lake Bed and Who Can Install a Pier ( Including Berkos v. Shipwreck Bay)

• Atty. Dean B. Richards, Reinhart Boerner Van Deuren SC, Waukesha

1:50 - Defaults, Foreclosures & Bankruptcies: Municipal Obligations, Responses, and Protections

• Atty. Nancy Leary Haggerty, Michael Best & Friedrich LLP, Milwaukee

2:15 - Property Taxes: Methods of Valuation (Including Allright Properties v. Milwaukee)

• Mr. Peter Weissenfluh, City of Milwaukee Assessor's Office, Milwaukee

2:40 - Break

3:10 - Zoning: Interpreting and Defining Property “Use” When Evaluating “Area Variances” or “Nonconforming Uses” (Including Town of Cross Plains v. Kitt’s “Field of Dreams” Korner, Inc. and Driehaus v. Walworth County)

• Atty. William F. White, Michael Best & Friedrich LLP, Madison

3:35 - Comprehensive Plans: The "Consistent With" Requirement in 2010

• Atty. Jesse A. Wesolowski, Wesolowski, Reidenbach & Sajdak SC, Franklin

4:00 - Public Construction Bidding Laws: What's Required & What Happens if You Blow it

• Atty. Kimberly A. Hurtado, Hurtado SC, Milwaukee

4:25 - Adult Entertainment: How Your Ordinances May be “Naked” (Annex Books v. City of Indianapolis)

• Atty. Matthew Parmentier, Edgarton, St. Peter, Petak & Rosenfeldt, Fond Du Lac
• Atty. John A. St. Peter, Edgarton, St. Peter, Petak & Rosenfeldt, Fond du Lac

Elder Law Section

1:00 p.m. - 4:50 p.m. - Monona Terrace - Hall of Ideas EH

Program Chair(s) :

Atty. Daniel J. Walsh, Walsh & Walsh SC, De Pere

1:00 - Estate Recovery - Probate/Non-Probate

• Atty. Carol J. Wessels, Nelson, Irvings & Waeffler SC, Wauwatosa

1:50 - Irrevocable Trusts and Medicaid Planning

• Atty. Jennifer Ann O'Neill, Lommen, Abdo, Cole, King & Stageberg PA, Hudson

2:40 - Break

3:10 - Advance Care Planning and Substitute Decision Making

• Atty. Benjamin M. Adams, Adams & Woodrow SC, Neenah
• Atty. Roy W. Froemming, Froemming Law Office, Madison
• Atty. Mitchell M. Hagopian, Disability Rights Wisconsin, Madison
• Dr. Bernard Hammes, Gundersen Lutheran Medical Foundation, La Crosse

4:00 - Case Law and Administrative Update

• Atty. Heather B. Poster, Becker & Hickey SC, Milwaukee

General Practice Section/Solo and Small Firm Practice Committee

1:00 p.m. - 4:50 p.m. - Monona Terrace - Hall of Ideas FI

Program Chair(s) :

Atty. Paul F. Angel, Angel & Angel SC, Dodgeville

Atty. Anne Marie Blood, Madison Area Technical College, Madison

1:00 - Serving Clients in the New Economy: A Solo's Guide to Foreclosure and the Fair Debt Collection Act

• Atty. J David Krekeler, Krekeler Strother SC, Madison
• Atty. Briane F. Pagel, Jr., Krekeler Strother SC, Madison

1:50 - Attracting Clients with New Media: How Social Media Can Enhance Your Practice

• Moderator: Atty. Jonathan P. Groth, Groth Law Office SC, Brookfield
• Mr. Kyle Blades, Rebel LLC, Saint Francis
• Mr. Wayne Breitbarth, M & M Office Interiors, Pewaukee
• Mr. Jeff Carrigan, Big Shoes Network, Inc., Milwaukee

2:40 - Break

3:10 - Facing a New Day in Court: Practical Solutions for Dealing with Pro Se Litigants

• Moderator: Atty. Thomas J. Watson, Wisconsin Lawyers Mutual Insurance Co, Madison
• Atty. Brian C. Anderson, Wisconsin Lawyers Mutual Insurance Co, Madison
• Atty. Paul F. Angel, Angel & Angel SC, Dodgeville
• Hon. Daniel M. Floeter, Dane County Family Court Commissioner's Office, Madison
• Atty. Johanna R. Kirk, Knudson, Torvinen, Jones & Kirk SC, Superior
• Atty. Marsha M. Mansfield, University of Wisconsin Law School, Madison

4:00 - Understanding New and Existing Ethical Issues in Client Relations

• Atty. Dean R. Dietrich, Ruder Ware LLSC, Wausau
• Atty. William Hornsby, American Bar Association Division for Legal Services, Chicago, Illinois
• Atty. Nerino J. Petro, Jr., State Bar of Wisconsin, Madison

William Hornsby is counsel in the ABA’s Division for Legal Services, staffing the Standing Committee on the Delivery of Legal Services. Since 1988, he has staffed the Standing Committee on Professionalism, the Commission on Responsibility in Client Development, the Committee on Research on the Future of the Law and the ABA Presidential Commission on Access to Lawyers.

Will is currently a chair of the Illinois Attorney Registration and Disciplinary Commission Hearing Panel, an adjunct faculty member of the John Marshall Law School, and a fellow of the College of Law Practice Management.

Health Law Section

1:00 p.m. - 4:50 p.m. - Monona Terrace - Ballroom B

Program Chair(s) :

Atty. Barbara J. Zabawa, Whyte Hirschboeck Dudek SC, Madison

1:00 - Pressing Legal Challenges for Wisconsin In-house Counsel

A panel of in-house and outside counsel for hospitals, nursing homes, and/or CBRFs will discuss the legal issues they handle on a daily basis. This presentation will help new and experienced attorneys understand the legal challenges that these Wisconsin facilities face and in the process, make them more effective lawyers.

• Moderator: Atty. Bruce G. Arnold, Whyte Hirschboeck Dudek SC, Milwaukee
• Atty. Catherine Mode Eastham, Froedtert & Community Health Inc, Milwaukee
• Atty. Thomas N. Kirschbaum, Dean Health Systems Inc, Madison
• Atty. Ralph V. Topinka, Mercy Health System Corp, Janesville
• Atty. Kelly C. Wilson, University of Wisconsin Hospitals & Clinics, Madison

1:50 - Current Issues in Wisconsin Fraud and Abuse

A panel of health lawyers will discuss the most challenging aspects of the federal fraud and abuse laws. As these laws are constantly being tweaked by CMS and OIG in the face of health reform and rising health care costs, the panelists will discuss what parts of those laws create the most difficulty for their health care clients and offer tips and advice on how to overcome those challenges.

• Moderator: Atty. Claudia Jane Sanders, University of Wisconsin Medical Foundation Inc, Middleton
• Atty. David J. Edquist, von Briesen & Roper SC, Milwaukee
• Atty. Peter L. Hessert, Aspirus Inc, Wausau
• Atty. Carrie Norbin Killoran, Aurora Health Care, Milwaukee
• Atty. Michelle Ann Leiker, Wisconsin Medical Society, Madison

2:40 - Break

3:10 - Health Reform Legislative Update

This presentation will discuss the outcome/impact of the federal health reform bill passed in March 2010 in Washington, D.C. The presenters will provide an analysis of the major reform initiatives, and what is next for the U.S. healthcare system. In addition, the presenters will provide a summary of the major Wisconsin-based health initiatives passed during the most recent legislative session.

• Moderator: Atty. Amanda K. Reese, University of Wisconsin Medical Foundation Inc, Middleton
• Ms. Christine Russell, WPS Health Insurance Corp, Monona
• Atty. Vaughn L. Vance, WEA Insurance, Madison

4:00 - HITECH Check: Successes and Challenges for Covered Entities and Business Associates in Adopting the Privacy and Security Changes

Discover the successes and challenges presenters faced (or continue to face) in implementing the changes. Speakers will address the new federal regulations that implement the changes and provide useful insight into the ever-growing concern of health information privacy and security.

• Moderator: Atty. Mark Garsombke, Whyte Hirschboeck Dudek SC, Milwaukee
• Atty. Catherine Mary Boerner, Boerner Consulting LLC, New Berlin
• Atty. Bradley S. Paulson, Epic Systems Corp, Verona
• Atty. Marilyn Windschiegl, WEA Trust, Madison

Individual Rights & Responsibilities Section/Public Interest Law Section

1:00 p.m. - 4:50 p.m. - Monona Terrace - Hall of Ideas J

Program Chair(s) :

Atty. Lisa Clay Foley, Disability Rights Wisconsin, Milwaukee

Atty. Larry Dupuis, ACLU WI Foundation, Milwaukee

Legal Recognition of Same Sex Relationships

1:00 - A National Perspective

• Atty. Camilla B. Taylor, Lambda Legal Defense and Education Fund, Chicago, Illinois

Camilla Taylor is a Senior Staff Attorney in the Midwest Regional Office of Lambda Legal, the oldest and largest legal organization committed to achieving full recognition of the civil rights of lesbians, gay men, bisexuals, transgender people and people with HIV. Ms. Taylor is the Midwest Region’s point person for the Marriage Project and, most recently, successfully represented the plaintiffs in Iowa in Varnum v. Brien, which ended the exclusion of same-sex couples from marriage in that state. Ms. Taylor received her J.D. from Columbia Law School and her B.A. from Yale College. She is currently an adjunct professor at Northwestern University School of Law.

2:10 - Recent History of Relationship Protection in Wisconsin - Helgeland, Domestic Partnerships, and Employee Benefits

• Ms. Katie Belanger, Fair Wisconsin, Madison
• Atty. Larry Dupuis, ACLU WI Foundation, Milwaukee
• Atty. Jonathon Flynn, Equality Wisconsin, Shorewood

2:40 - Break

3:10 - Current Court Challenges in Wisconsin - McConkey and Appling Cases

• Atty. Tamara B. Packard, Cullen Weston Pines & Bach LLP, Madison

4:10 - Future Strategies

• Ms. Katie Belanger, Fair Wisconsin, Madison
• Atty. Larry Dupuis, ACLU WI Foundation, Milwaukee
• Atty. Jonathon Flynn, Equality Wisconsin, Shorewood
• Atty. Tamara B. Packard, Cullen Weston Pines & Bach LLP, Madison
• Atty. Camilla B. Taylor, Lambda Legal Defense and Education Fund, Chicago, Illinois

Litigation Section

1:00 p.m. - 4:50 p.m. - Monona Terrace - Ballroom A

Program Chair(s) :

Atty. Kelly L. Centofanti, Centofanti Law SC, Mequon

Atty. Timothy Joseph O'Brien, Bakke Norman SC, New Richmond

1:00 - Can They Really Do That?: Understanding the New Medicare Set-Aside Requirements

• Atty. Sylvius Von Saucken, Garretson Law Firm, Cincinnati, Ohio

Sylvius H. von Saucken, J.D, serves as Chief Compliance Officer for the Garretson Firm Resolution Group, leading the firm’s internal protocol development and training initiatives. He has extensive experience in complex planning issues, drawing from a diverse background in fiduciary matters, such as estate planning, trust administration, taxation and related government benefit preservation issues. Von Saucken received his BA in Diplomacy/Foreign Affairs & Political Science from Miami University and his law degree from the Salmon P. Chase College of Law, where he has served as an adjunct professor, co-teaching courses in Federal Wealth Transfer Taxation and Estate Planning.

1:55 - You Can Pay Us Now and You May Have to Pay Us Later: Complying with Medicare Subrogation Law

• Atty. Stacy C Gerber Ward, US Attorneys Office Eastern District of Wisconsin- Civil, Milwaukee

2:10 - Protecting the Injured Party: Medicare Notification and Reimbursement Obligations from the Plaintiff's Perspective

• Atty. Kelly L. Centofanti, Centofanti Law SC, Mequon

2:25 - Finding Finality: Medicare Notification and Reimbursement from the Defendant's Perspective

• Atty. Amy E. Goyette, West Bend Mutual Insurance Company, West Bend

2:40 - Break

3:10 - It's Like Déjà vu All Over Again: How the Latest Legislative Changes Will Affect Your Practice

• Atty. Robert Luke Jaskulski, Habush Habush & Rottier SC, Milwaukee
• Atty. Arthur P. Simpson, Simpson & Deardorff SC, Milwaukee

4:00 - How the Proposed Changes to E-Discovery and Evidence Rules Will Affect Your Practice

• Atty. April M. Southwick, State of Wisconsin Judicial Council, Madison

4:25 - Facebook is Forever (and Other Bad News About How Social Media Can Hurt Your Case)

• Atty. Jacqueline Chada Nuckels, M Angela Dentice LLC, Milwaukee

Practice 411/Wisconsin Lawyers Assistance Program (WisLAP)/Wisconsin Association of Legal Administrators (WALA)

1:00 p.m. - 4:50 p.m. - Monona Terrace - Hall of Ideas G

Program Chair(s) :

Atty. James R. Cole, Quarles & Brady LLP, Madison

1:00 - Never Enough

Michael Burke will share his story of the devastating effects of compulsive gambling. He will detail his journey from alcoholism to gambling, and how the addiction took him from a successful law practice to the gates of prison.

• Mr. Michael J. Burke, Howell, Michigan

Michael Burke is a motivational speaker in the field of cross-addiction and compulsive gambling. He lectures nationally on the devastation of trading addictions. Burke also gives presentations to various state bar associations, offering tracks on professional responsibility and ethics. His former work experience includes twenty-five years as a practicing attorney specializing in legal problems of individuals suffering from substance abuse, a position on the Brighton Hospital Board of Directors and leadership roles in many community organizations.

2:40 - Break

3:10 - Innovations for a More Effective Practice

• Atty. William Hornsby, American Bar Association Division for Legal Services, Chicago, Illinois

Will Hornsby is counsel in the ABA’s Division for Legal Services, staffing the Standing Committee on the Delivery of Legal Services. Since 1988, he has staffed the Standing Committee on Professionalism, the Commission on Responsibility in Client Development, the Committee on Research on the Future of the Law and the ABA Presidential Commission on Access to Lawyers.

Will is currently a chair of the Illinois Attorney Registration and Disciplinary Commission Hearing Panel, an adjunct faculty member of the John Marshall Law School, and a fellow of the College of Law Practice Management.

4:00 - 50 Tech Tips in 50 Minutes for a Healthy Practice

• Ms. Catherine Sanders Reach, American Bar Association, Chicago, Illinois

Catherine Sanders Reach, M.L.I.S. has provided practice technology assistance for lawyers for over seven years with the LTRC. Prior to her work at the ABA she worked in library and information science environments for a number of years. Professional activities include articles published in periodicals such as Law Practice Magazine, Law Technology News and GPSolo Magazine, and her continuing research on the digital library appeared in the AALL Law Library Journal. She has given presentations on the use of technology in law practice around North America for state, local, national and specialty bar associations, as well as for law firms and other legal professional organizations.

Real Property, Probate & Trust Law Section

1:00 p.m. - 4:50 p.m. - Monona Terrace - Ballroom D

Program Chair(s) :

Atty. Carol J B Hatch, Nowlan & Mouat LLP, Janesville

Atty. Deborah C. Tomczyk, Reinhart Boerner Van Deuren SC, Milwaukee

1:00 - Sustainability and Green Development

A panel will discuss current development and redevelopment requirements regarding sustainability and "green" development. Topics will range from energy efficiency, to storm water management and building features.

• Mr. Joel Krueger, Kubala Washatko Architects Inc, Cedarburg
• Mr. William R. Mitchell, Waukesha County Economic Development Corp, Pewaukee
• Mr. Tom Mortensen, RA Smith, Brookfield
• Mr. Paul Oswald, Environmental Systems, Inc., Brookfield
• Atty. Michael H. Simpson, Reinhart Boerner Van Deuren SC, Milwaukee
• Mr. Dennis M. Utzinger, University of Wisconsin - Architecture, Milwaukee
• Mr. Brian Vandewalle, Vandewalle & Associates, Milwaukee

2:40 - Break

3:10 - Prevailing Wage

A panel will discuss the provisions in Wisconsin's most recent State Budget Bill increasing the circumstances in which prevailing wages must be paid.

• Atty. Dean B. Richards, Reinhart Boerner Van Deuren SC, Waukesha
• Mr. Stan Riffle, Arenz, Molter, Macy & Riffle SC, Waukesha

4:00 - Hot Topics

Four presentations on hot, timely topics including: e-recording, property tax issues, changes in title endorsements, and condemnation issues.

• Mr. Craig Haskins, Knight-Barry Title Inc, Milwaukee
• Mr. Peter Weissenfluh, City of Milwaukee Assessor's Office, Milwaukee
• Atty. Duane H. Wunsch, Fidelity National Title Group, Waukesha
• Atty. John M. Van Lieshout, Reinhart Boerner Van Deuren SC, Milwaukee

Break

2:40 p.m. - 3:10 p.m. - Monona Terrace - Room TBA