Schedule
Monday, June 11, 2012
 Programs that will be offered as Webcast Replays.
| 8:00-8:30 am |
Registration and Continental Breakfast |
| 8:45-9:00 am |
Welcome by SBW and Section Representatives from Planning Committee |
| 9:10-10:00 am |
Breakout Session A (1.0 CLE) |
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Hot Topics - LitigationModerator: Joseph M. Troy, Habush Habush & Rottier S.C.
Panelists: Claude Covelli, Boardman & Clark LLP; Kevin Lonergan, Herrling Clark Law Firm Ltd.; Timothy S. Trecek, Habush Habush & Rottier, S.C.
Designed to keep you up to date in your practice and bring you the cutting edge issues for litigators, this presentation will give an overview of hot topics such as insurance policy stacking 'Old' and New, and recent statutory changes pertaining to products liability. |
Hot Topics in Personal Injury Litigation
Catherine M. Rottier, Boardman & Clark LLP; Jay A. Urban, Urban & Taylor, S.C.
Personal injury lawyers face new challenges such as no-fault legislation, tort-reform legislation that places limits on damages, and other changes in the law. Expert faculty will discuss these changes and other hot topics. |
Fitting the Forum to the Fuss - 2012Howard S. Bellman, Howard S. Bellman Mediation & Arbitration
Discover the array of current ADR strategies and learn how the many process options may be matched to the needs of a particular dispute.
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| 10:00-10:25 am |
Break |
| 10:25-11:15 am |
Breakout Session B (1.0 CLE) |
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Finding and Using Interpreters in Civil CasesModerator: Joseph M. Troy, Habush Habush & Rottier S.C.
Panelists: Hon. Lisa Stark, Circuit Court Judge Eau Claire; Carmel Capati, Wisconsin Court Interpreter Program
Explore the challenges you encounter when communicating through an interpreter in a legal setting. Gain insight into the legal and practical aspects involved, and find answers to these questions:
- When am I legally obligated to use an interpreter?
- What are the certification requirements in Wisconsin?
- How do I find a qualified interpreter?
- What are the common pitfalls?
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Binding Mediation – Does it Work?William A. Jennaro, Gimbel Reilly Guerin Brown
"Binding mediation": is that a misnomer or is it what a lot of people and companies really want? Facilitative mediation is the essence of the mediation process. Evaluative is a bit less "pure" in form. Binding mediation flips both of those upside down. |
Motion Practice Before Wisconsin's Appellate Courts—Beyond the "How"
Holly Slota, Balisle & Roberson S.C.; Julie Derwinski, Wisconsin Court of Appeals District IV; Hon. David Runke, Wisconsin Supreme Court Commissioners Office Rule 809.14 tells how to bring a motion in the appellate courts. This presentation will examine what sorts of motions are brought, how successful they are, which motions to consider bringing, and how to make your motions more successful. |
| 11:30 am - 12:00 pm |
Lunch – Optional Paid Lunch |
| 12:00-12:50 pm |
Plenary Session: The Importance of the Jury Trial in America
Bill Ginsburg, President, the American Board of Trial Advocates Foundation
From Plato and Aristotle to our Founding Fathers, the principles of democracy have not changed, and it falls to lawyers to exercise and defend due process and the right to a jury trial. Gain a greater appreciation of the critical role that trial lawyers play in the constitutional process of maintaining democracy in this stirring and heartfelt keynote.
Please Note: Attendees who do not wish to attend the ticketed lunch can join the group at 12 pm for the CLE session.
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| 1:00-1:50 pm |
Breakout Session C (1.0 CLE) |
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Back to Basics / New Lawyers: Starting a LawsuitModerator: Christine Bremer Muggli, Bremer & Trollo9p S.C.
Panelists: Mark A. Klinner, Zalewski, Klinner & Kramer LLP; Lance Trollop, Bremer & Trollop S.C.
The early stages of a lawsuit are often critical to its ultimate outcome. Learn how to evaluate your case at the outset from both a plaintiff’s and a defendant’s perspective. Topics covered include jurisdictional requirements, venue choices, determining necessary parties, considerations in drafting the Complaint and Answer, motion practice, potential pitfalls and everything you need to know to get your case started on the right foot. |
That's What Friends are for: The Value of an Amicus Curiae Perspective
Beth Hanan, Gass Weber Mullins LLC; James A. Friedman, Godfrey & Kahn; and The Honorable Jon P. Wilcox, Troupis Law Firm
You know the decision in your case will have wide-ranging effect on your client’s industry – but does the appellate court know that? Two seasoned appellate lawyers and a retired supreme court justice discuss how to identify cases where amicus curiae participation will assist the court in understanding the issues and reaching an outcome your client’s business can live with. Learn practical tips on what to include, and not include, when writing an amicus curiae brief. |
Challenges to Judicial Independence in Today's Legal Environment
Moderator: Todd Smith, Godfrey & Kahn
Panelists: Justice Ann Walsh Bradley, Wisconsin Supreme Court; Hon. Stephen E. Ehlke, Dane County Circuit Court; and Prof. Chad M. Oldfather, Marquette University Law School
Explore the importance of judicial independence to our legal system, as well as how our current legal and political environment affects the judiciary and judicial decision making. Panelists include an appellate judge as well as a trial court level judge, as well as broad perspective from an expert on judicial process. |
| 1:50-2:15 pm |
Vendor Break |
| 2:15-3:05 pm |
Breakout Session D (1.0 CLE) |
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Back to Basics / New Lawyers: Discovery TacticsModerator: Christine Bremer Muggli, Bremer & Trollop S.C.
Panelists: John F. Mayer, Nash, Spindler, Grimstad & McCracken LLP; Jay Urban, Jay A. Urban, Urban & Taylor S.C.
Specifically for attorneys with little or no experience in discovery, this presentation will provide practical tips and pointers for litigation attorneys seeking an overview of formal discovery techniques. You will learn how to design a strategic discovery plan and utilize discovery methods that will allow you to obtain the information you need to successfully position your case for the best outcome. |
Preparing Clients for Mediation
Barbara L. Burbach, Burbach & Stansbury S.C.; Julie A. O'Halloran, Gagne & O'Halloran LLC
Preparing your client for mediation is an art. Two experienced attorneys will show how meaningful and ambitious preparation of a client for mediation will improve the client's satisfaction with the process, improve the client’s satisfaction with your representation, and improve the likelihood of a productive outcome. |
Expedited Appeals Before the Wisconsin Court of AppealsClare T. Ryan, Wisconsin Court of Appeals District II; Kent A. Tess-Mattner, Schmidt, Rupke, Tess-Mattner & Fox S.C.
With exceptions, all civil appeals in the Court of Appeals are potentially eligible for the expedited appeals program. The Docketing Statement is the tool by which the Court and the parties determine if the time for resolution of an appeal can be shortened and the cost of briefing lessened. Discuss the advantages and disadvantages of expedited appeals, uncover statistics on expedited appeals from the Court of Appeals, and explore the procedure for initiating an expedited appeal, eligibility criteria for the expedited appeals program, and other important factors to best position your case in the Court of Appeals. |
| 3:15-4:05 pm |
Breakout Session E (1.0 CLE) |
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Ethical Quandries in Litigation
(EPR Credit)
Moderator: Judge Leonard Martin, Wisconsin Department of Workforce Development
Panelists: Keith L. Sellen, Office of Lawyer Regulation; Terry Johnson, Peterson, Johnson & Murray, S.C.; Hon. Maxine Aldridge White, Milwaukee County Circuit Court
A discussion of fact situations and ethical ramifications. The panel will explore fact situations which present ethical dilemmas and discuss the best approaches to resolving the conflicts. |
Sticky Issues in Appellate Procedure
John R. Breffeilh, State Public Defender Milwaukee Appellate Division; G. Michael Halfenger, Foley & Lardner LLP; Kent A. Tess-Mattner, Schmidt, Rupke, Tess-Mattner & Fox S.C.; Jeremy C. Perri, State Public Defenders Office Appellate Division
Appellate practice requires skills far different from those required at the trial level. It requires special expertise in a process rather than a particular substantive area of the law. Hear from experienced appellate lawyers about the unique and challenging aspects of appellate practice. |
Purposeful Use of Depositions: No Wimps AllowedModerator: Christine Bremer Muggli, Bremer & Trollop S.C.
Panelists: Michael P. Crooks, Peterson, Johnson & Murray S.C.; Ann S. Jacobs, Domnitz & Skemp S.C.
Taking depositions to get the information you really want and actually need and handling the objections that stand between you and your goals. |
| 4:00-5:30 pm |
Vendor Reception – Enjoy beer, wine and soda, plus a cash bar and hors d'oeuvres compliments of your vendors and sponsors! |
Tuesday, June 12, 2012
Programs that will be offered as Webcast Replays.
| 8:00-8:30 am |
Continental Breakfast |
| 8:30-9:45 am |
Plenary: The Future of Law Practice: Dark Clouds or Silver LiningsJim Calloway
Reviewing the challenges and threats to the legal profession has almost become a cliché. But changes in information technology have clearly changed law practice. Adapting to the coming structural change means incorporating technology in a practical format for legal project management, changes in billing models, building more efficient document production processes, learning to live with mobile technology, and dealing with increased client emphasis on predictability, transparency, and convenience. |
| 9:55-10:45 am |
Breakout Session F (1.0 CLE) |
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Tips for Motion and Trial Briefs that Really Work
Hon. Kitty K. Brennan,Wisconsin Court of Appeals District I; Hon. Mel Flanagan, Milwaukee County Circuit Court
Want some practical tips on effective brief writing? Want to know what really gets a Judge's attention? Or what the quickest way is to lose your most important audience? Learn how to use the written word to put your best case before the Court. |
The Appellate Process from the Perspective of In-House CounselModerator: Todd G. Smith
Panelists: Bryce H. Tolefree, Associate General Counsel at American Family Insurance; Ralph V. Topinka, Mercy Health System Corporation; Jennifer L. Peterson, Journal Communications Inc.
Experience the appellate process from the perspective of in-house counsel. The experienced panel will address how they hire and evaluate appellate counsel, and how they might use the appellate process to shape the law applicable to their company or industry. |
FASTCASE® Insider Tips
Christina S. Jack, Fastcase; Kristin Huotari, State Bar of Wisconsin
Fastcase offers free unlimited online legal research through its comprehensive 50-state and federal case law database including coverage of federal appellate and bankruptcy courts, the U.S. Supreme Court, Wisconsin statutes, the Administrative Code, Supreme Court Rules, the Constitution and many other forms and related materials. |
| 10:45-11:00 am |
Vendor Break |
| 11:00-12:00 pm |
Breakout Session G (1.0 CLE) |
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Avoiding Traps for the Unwary Judgment CreatorLydia J. Chartre, Whyte Hirschboeck Dudek S.C.; Atty. Daniel J. Miske, Whyte Hirschboeck Dudek S.C.
You just obtained a judgment—now try and avoid getting sued yourself! This session will help you master the maze of judgment collection statutes, including the new judgment interest law recently passed in Wisconsin. Learn some practical tips on judgment collection, and gain an awareness of hidden and not-so-hidden pitfalls so that you can cover your "assets" while recovering assets for your clients. |
Arbitration Isn't Always Final and Binding—Vacating Arbitration Awards in Wisconsin
Prof. Jay Grenig, Marquette University Law School
The arbitration award may not be the end of litigation. An experienced arbitrator and author of numerous books on the law regarding vacating arbitration rules under the Federal Arbitration Act and the Wisconsin Arbitration Act. |
Unpublished Opinions, Circuit Court Decisions, Non-Wisconsin Cases and Other Persuasive Authority—How Persuasive Are They?Moderator: Todd Smith, Godfrey & Kahn
Panelists: Hon. Richard S. Brown, Wisconsin Court of Appeals District II; Hon. Michael R. Fitzpatrick, Rock County Circuit Court; Hannah B. Schieber, Wisconsin State Public Defender
Analyze the use of a variety of non-traditional authority in Wisconsin courts. Gain a new perspective on the effectiveness of such authority from a panel of experienced judges and attorneys. |
| 12:00-1:30 pm |
Lunch (on your own) |
| 1:30-2:20 pm |
Breakout Session H (1.0 CLE) |
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Daubert Nuts & Bolts (Panel Discussion)Moderator: Kevin Lonergan, Herrling Clark Law Firm Ltd.
Panelists: Hon. Michael R. Fitzpatrick, Rock County Circuit Court; Daniel T. Flaherty, Godfrey & Kahn S.C.; Rhonda L. Lanford, Habush Habush & Rottier S.C.; Michael J. Hanrahan, Fox, O'Neill & Shannon S.C.
- Selection and Preparation of Expert
- Discovery pertaining to Daubert issues, both Interrogatories and depositions.
- Pretrial Orders
- Daubert challenge and responses to challenges
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FINRA Mediation and ArbitrationSean Sweeney, Halling & Cayo S.C.; Mark E. Sanders, Halling & Cayo S.C.
Mandatory arbitration for Stock-Broker fraud claims can be tricky: Two attorneys experienced in Securities/Stock Broker-Fraud litigation will help show you how to navigate your way through the FINRA Arbitration/Mediation process dealing with determining the potential claims, selecting panel members, working with limited discovery, and finding and understanding the "law" as it relates to the Associated Person (stock-broker) and the Broker-Dealers (the firm). |
Dispute Resolution and Young Lawyers: The New Practice of Law
Rachel Monaco-Wilcox, Rachel Monaco-Wilcox, LLC; Michael Rust, Strategic Conflict Resolution Services LLC
Widespread cultural and institutional changes are taking place in legal practice. "Dispute Resolution" means one thing to you and something else entirely to your client! In an interactive presentation and discussion format, we will define dispute resolution options available to clients today, talk about the changes in the local landscape of practice, and address how lawyers must reclaim and redefine advocacy in the 21st century using these adaptable tools.
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| 2:20-2:45 pm |
Vendor Break |
| 2:45-3:35 pm |
Breakout Session I (1.0 CLE) |
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Daubert Nuts and Bolts – Continued from 1:30 sessionSee 1:30 Session
See 1:30 Session |
The Role of Emotions in Legal NegotiationsRalph M. Cagle, Hurley, Burish & Stanton S.C.
Lawyers take understandable pride in their analytic and logical methods of thought and action. Less appreciated is the power that emotions exert on behavior, especially negotiations. This session will assess how emotions drive negotiation behavior and help devise strategies to assess and control emotions to one's advantage. |
Jury Decision Making
Bill Healy, DecisionQuest
What goes on when the jury deliberates is a mystery. Yet this information is important to business lawyers in their decision making process. Here, a nationally known jury consultant will discuss the perception of jurors as they evaluate business disputes. |
| 3:35 pm |
Institute Concludes |
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Schedule
Thursday, June 14, 2012
Programs that will be offered as Webcast Replays.
| 7:30-8:30 am |
Pre-Institute Session:
Legal Research Using FASTCASE and Books UnBound |
| 8:00-9:00 am |
Registration & Continental Breakfast in the expo hall |
| 9:00-10:30 am |
Opening Plenary Session: The Power of Free Markets and the Future of Wisconsin's Business Environment (1.5 CLE)*
John Di Frances
The opening plenary to this year’s institute will give an overview of the history of the US free market, how the free market is changing around the world in the new millennium, and what the current challenges are to the system. It will then delve into what lies ahead for the US economy, where Wisconsin is today, and discuss a roadmap for Wisconsin business and government leaders to create a state that is truly “open for business,” a place where businesses not merely struggle to survive, but thrive. You will leave with a better understanding of what your clients are experiencing and the opportunities and challenges the future holds.
* If attending both plenary sessions you can earn an additional 0.5 CLE credit. |
| 10:30-11:00 am |
Break – visit the expo hall for refreshments |
| 11:00 am – 12:00 pm |
Breakout Session A (1.0 CLE) |
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Franchising and Franchise Law: The Continuing Evolution
Michael A. Bowen, Foley & Lardner LLP
Forty years ago, the title of this presentation would have been, “Franchising and Franchise Law: Can this marriage be saved?” It is now clear that it has been, but not without substantial compromises on both sides. This presentation will explore the ever-evolving tension between legal and economic developments, including the increasingly important role of franchising in the US economy, and the fact that, more and more often, franchisors find themselves dealing with franchisees who are at least as economically powerful as they are. |
Tenants' Rights: What's Left in this Fast Changing Field
Brian A. Schuk, Wassel, Harvey & Schuk, LLP
With a state law sunsetting recently, a federal law set to sunset in 2014, and the Governor just signing 2011 Act 143, the landscape keeps changing. Come hear the state of tenants’ rights now and where it might be headed in the future. |
Contracting, or "Oops, I Didn't Know that Could Actually Create a Contract"
Harold D. Karas, Whyte Hirschboeck Dudek, S.C.
Topics of this session include: use of electronic means (including emails) to create and “sign” contracts; using electronic means to record documents; how email may be used to satisfy, or breach, your professional obligations; recent statutory and case law developments. |
| 12:00-12:30 pm |
Lunch – Optional Paid Lunch |
| 12:30-1:30 pm |
Plenary Session: Hot Topics in the Law that You Can Chew On (1.0 CLE)*
Nancy L. Haggerty and Joseph E. Tierney, IV
Salt away your lunch while we pepper you with short sessions on news you need to digest to keep your practice fresh. Topics include: New environmental issue on “vapor intrusion”; Real estate condition reports are now required for the sale of vacant land; Some of the penalties for conversion of agricultural land have been eliminated; The expansion of the notice requirements for business contracts with automatic renewal provisions; Changes in the definition of “doing business’ in Wisconsin and its impact on regulation and taxation; The “America Invents Act” makes big changes in the way patents are awarded; Wetland reforms; The Baylake Bank case and its impact on priority of assessments; Recent cases regarding entity choices; And much more.
Please Note: Attendees who do not wish to attend the ticketed lunch can join the group at 12:30 pm for the CLE session.
* If attending both plenary sessions you can earn an additional 0.5 CLE credit. |
| 1:30 – 2:45 pm |
Breakout Session B (1.5 CLE) |
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Introduction to Chapter 11 Bankruptcy
Leonard G. Leverson, Leverson & Metz, S.C.
When a business is unable to pay creditors or service its debt there are options regarding how to proceed. They can file under Chapter 7, they can choose a Chapter 128 proceeding, or they can go the route of Chapter 11. This session will go over the basics of the Chapter 11 process and discuss the pros and cons of using Chapter 11 to reorganize. |
Credit Ratings and the Impact of Foreclosure, Loan Modification, Bankruptcy, Short Sales, Deeds in Lieu
To Be Announced
What is a credit rating and how do banks utilize this information? This session will take a look at how foreclosures, bankruptcies, short sales, etc. affect credit scores, how to find out what is affecting a rating, and methods to improve credit worthiness. |
Intellectual Property for the General Practitioner
Katrina Hull, Michael, Best & Friedrich LLP
Explore the different types of protections available for intellectual property, including trademarks, copyright, patents and trade secrets. Get a basic overview of copyright basics and discover: What are trademarks and how are they protected? When to seek the help of a patent counsel? When may a business have valuable trade secrets? |
| 2:45-3:15 pm |
Break – visit the expo hall for refreshments |
| 3:15-4:15 pm |
Breakout Session C (1.0 CLE) |
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The Do's and Don'ts of Suing on the Note on Behalf of the Lender
Harold A. Laufer, Davis & Kuelthau, S.C.
Lenders with borrowers in bankruptcy can sue to have a promissory note enforced. Borrowers have steps they can take to frustrate enforcement. Learn how to deal with typical and atypical borrower defenses and situations to obtain a satisfactory result for your clients. |
Short Sales and Protecting Sellers
Carol E. Krigbaum, Krigbaum Law LLC
The short sale process can be lengthy and difficult to navigate. If things don’t go smoothly it can have a real and adverse affect on sellers. Learn about the short sale process and hear tips on protecting the seller as much as possible. |
The Slippery Slope: Temptations and Avoidance
Sally E. Anderson, Wisconsin Lawyers Mutual Insurance Co.; Timothy J. Pierce, State Bar of Wisconsin
Temptations are everywhere in life and the practice of law is not immune. But succumbing to temptation can lead down the slope to ethical concerns and possibly malpractice. This presentation will examine some common actions that can start attorneys down the wrong path and offer suggestions to maintain their footing. |
| 4:15-5:30 pm |
Breakout Session D (1.5 CLE) |
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Evolving Issues with Chapter 128 Proceedings
John M. Wirth, Mallery & Zimmerman, S.C.
Chapter 128 has become a widespread tool for collecting business loans. This session will review effective techniques for representing a borrower facing an involuntary case, as well as tips for representing unsecured creditors, landlords, vendors, potential buyers and other parties in interest. Walk through the advantages, and abuses, of the process. |
Foreclosure Defenses
Nicholas Toman, Legal Aid Society of Milwaukee; Karen Bauer, Legal Aid Society of Milwaukee
Not all foreclosures are inevitable. You can help homeowners try to save their homes by challenging the foreclosure and negotiating a resolution. Review the foreclosure process, learn about possible defenses and learn about the developments in aid to distressed homeowners. We will talk about the new settlement between the state attorneys general and loan servicers and how Wisconsin homeowners will be affected. |
Sales and Use Taxes in E-Commerce
Timothy G. Schally, Michael Best & Friedrich LLP
This session will discuss the treatment of transactions that occur in “electronic commerce,” from common retail sales over the Internet to the rapidly increasing number of sales and licenses of digital products, computer software, and cloud computing. You will also examine the Wisconsin sales and use tax treatment of these transactions as well as trends across the country. |
| 5:30-6:30 pm |
Vendor Reception in the expo hall |
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Friday, June 15, 2012
Programs that will be offered as Webcast Replays.
| 7:45-8:30 am |
Registration & Continental Breakfast in the expo hall |
| 8:30-9:30 am |
Breakout Session E (1.0 CLE) |
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More than "Show me the Note": Properly Litigating the Issue of Successor Lenders
Briane F. Pagel, Krekeler Strother S.C.
It is not uncommon for mortgage notes to be transferred. Answers to questions as easy as who owns the note, who should you be dealing with, and who has the authority to act can be difficult to ascertain and can complicate matters. This presentation will examine the difficulties that can arise dealing with successor lenders and offer tips to make things easier on you and your clients, from raising substantive defenses about the ability to enforce the note to turning a lack of enforcement ability into a counterclaim or motion to dismiss. |
Alternatives to Foreclosure
Debra H. Tuttle, Metro Milwaukee Foreclosure Mediation Program; Amy Koltz, Metro Milwaukee Foreclosure Mediation Program
Learn what programs might be available to ease the hardship of a foreclosure for you clients. You will explore the various programs by HUD to help people in foreclosure, including lowering payments, cash for keys, and other topics. The presenters, mediators in the Milwaukee Foreclosure Mediation program, help creditors and home owners work out ways to end foreclosure. |
Special Considerations in Disputes Involving Condominium Associations: Who Can Bring What Claims When
William Stuart Meissner, Meissner Tierney Fisher & Nichols, S.C.; Jennifer Kriel, Meissner Tierney Fisher & Nichols, S.C.
You will focus on the unique challenges of asserting claims against, and asserting claims on behalf of, condominium associations. Specifically, you will discover the types of claims typically brought for and against condominium associations, what authority such associations have to assert and settle such claims, and whether individual unit owners are subject to the derivative claims rules when asserting claims involving the condominium.
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| 9:30-10:00 am |
Break – visit the expo hall for refreshments |
| 10:00-11:15 am |
Breakout Session F (1.5 CLE) |
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Starting a Business: Choice of Entity
Lawrence J. Burnett, Reinhart Boerner Van Duren, S.C.
Experience the choice of entity for start up companies from a business lawyers perspective. You will examine the business, financial, and tax implications to consider before choosing an entity using practical, real world scenarios and practical real world considerations. |
Insurance Maps and Traps
Paul J. Polaski, Republic Associates of Wisconsin
Insurance can be a maze of specialized terms and clauses and coverage can be elusive for the unschooled. This program will cover various types of policies, common terms, clauses and exceptions, and frequent traps for the unwary. |
Fast and Loose: A Look at Real World Operating Agreement ProblemsJoseph E. Tierney IV, Davis & Kuelthau, S.C.
Explore real world situations that have arisen with respect to the interpretation of operating agreements. Examine both the implications of these situations and some practical administrative and drafting solutions. |
| 11:15 am - 12:30 pm |
Lunch (on your own) |
| 12:30-1:20 pm |
Breakout Session G (1.0 CLE) |
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The Condominium Development Landscape Has Changed
Nancy L. Haggerty, Michael Best & Friedrich LLP
Learn about changes in the statutory disclosure requirements, drafting around new FNMA and FreddieMac requirements for end unit financing, and recent caselaw confirming the obligation to pay real estate taxes on declared but unbuilt units, when bylaw changes can affect rentability of units, and the courts’ distinction between a condominium declaration and a deed restriction.
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Negotiation Ethics
Timothy J. Pierce, State Bar of Wisconsin; Dien R. Dietrich, Ruder Ware LLSC; Steven H. Schinker, Wausau Tile Inc.
Learn the effect of the RPCs on negotiations and consider questions such as when does acceptable puffery cross the line into misrepresentation. Discover the limits of lawyer control on settlement and when a lawyer must not agree to a condition of settlement. |
Critical Drafting Issues with Commercial Leases
Joshua R. Welsh, Meissner Tierney Fisher & Nichols, S.C.
Learn intricate and often-overlooked provisions in commercial lease arrangements with an eye towards strengthening your negotiating power—whether you’re representing the landlord or the tenant. Particular emphasis will be placed on the use of insurance and various interconnected provisions to allocate the inherent risks of a commercial lease transaction amongst the parties and their respective insurers. |
| 1:20-1:45 pm |
Break – visit the expo hall for refreshments |
| 1:45-2:45 pm |
Breakout Session H (1.0 CLE) |
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Special Assessments, Special Uses, Special Charges Revisited
Richard L. Schmidt, Boardman & Clark LLP
This presentation will discuss different types of special asessments in light of last year’s decision in the Baylake Bank case. The priority of these types of charges can have an effect on municipal financing and TIF districts, on a bank’s willingness to accept property back in deeds in lieu of foreclosure, and how foreclosures are negotiated. Come hear thoughts on what language might be deemed a tax as opposed to a contractual right. |
Corporate Family Conflict
Timothy J. Pierce, State Bar of Wisconsin; Dean R. Dietrich, Ruder Ware LLSC
Client identity can be a difficult issue when lawyers represent organizations that have subsidiaries or affiliates. Discover when representation of a parent translates in to representation of a subsidiary and what happens when a subsidiary is sold. |
Compelling Tax Ramifications From Commercial Lease Provisions
Joseph E. Tierney III, Meissner Tierney Fisher & Nichols, S.C.
Focus on tax issues in commercial leases, in particular issues arising with respect to the financing of leasehold improvements and the timing of deduction and inclusion of rental payments. You will learn about discontinuities in the treatment of leasehold improvements and the Internal Revenue Service’s efforts to control preserved abuses in stepped rents, sandwich leases, and deferred rents. |
| 2:45-3:35 pm |
Breakout Session I (1.0 CLE) |
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Social Media and the Law for Businesses: Developing Legal Issues and Trends
Randal J. Brotherhood, Meissner Tierney Fisher & Nichols, S.C.
See 1:30 Session |
Conflicts Representing Closely Held Businesses
Timothy J. Pierce, State Bar of Wisconsin; Dean R. Dietrich, Ruder Ware LLSC; Sally E. Anderson, Wisconsin Lawyers Mutual Insurance Co.
Client identity issues aren’t limited to parents and subsidiaries, client identity can also prove difficult when representing closely held businesses. Explore when the hazards of unintentional formation of a lawyer-client relationship arise and what happens when shareholders don’t get along. |
Expiration of the Bush Tax Cuts: Implications for Businesses and Business Owners
Bill Healy, DecisionQuest
This presentation analyzes choice of entity issues for closely-held businesses, including C corporations, S corporations, limited liability companies and partnerships, in light of the current uncertainty regarding federal income tax rates. Current rates, the upcoming expiration of the “Bush” tax cuts and pending Tax Reform proposals are considered, as well as other developments in the tax law over the past several years that may affect critical initial planning decisions. |
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State Bar of Wisconsin PINNACLE Ultimate Pass holders will not be charged any tuition to attend the Litigation, Dispute Resolution and Appellate Practice Institute or the Real Estate & Business Law Institute. Single-day tuition options are not available for this event. A small fee is required for the ticketed luncheon.