Schedule
Thursday, June 21, 2018
Opening Plenary: Game of Life
Session Description:
Welcome to the Game of Life Lawyers Edition! Follow our panelists as they grapple with realistic
ethical dilemmas confronting lawyers at the various stages of their professional lives. In a fun
and interactive environment, discover the "news" in ethics. (Yes, we used the words fun and ethics
in the same sentence!) Learn about new rules and ethics opinions, review old rules in their new
contexts, and help our panelists resolve the ethical dilemmas.
The Future of Mining in Wisconsin and the Protection of Tribal Air and Water
Session Description:
Examine the intersection of mining law, environmental law, and Indian law in this engaging
session.
- Receive an up-to-date analysis of current mining laws
- Explore mining's potential impact on Wisconsin tribes' air and water resources
- Learn strategies tribes can use to protect their resources
- Find out how federal administration changes may affect mining and tribal rights
Sponsored By:
Environmental Law and Indian Law Sections
Presented By:
James Parra
Midwest Environmental Advocates
Cheryl Heilman
Wisconsin Department of Natural Resources
Paul Kent
Stafford Rosenbaum LLP
Sara Drescher
Forest County Potawatomi Community
Dig Deep and Extract the Truth: How to Use the Latest Digital Forensic Technology to Win Your Cases
Session Description:
Digital forensic investigation tools aren't just something you see on "CSI" - you can use them in
your real-life cases. Discover how to incorporate digital investigation techniques into your
case preparation.
Be inspired to consider new ways to build your cases using digital data and tools as you learn about:
- Available digital forensic investigation hardware and software tools
- How to use them in independent investigation and discovery
- Extracting relevant (even "deleted") data from computers, tablets, and smartphones
Sponsored By:
Young Lawyers Division
Presented By:
Amy Ferguson (Chair)
O'Melia, Schiek & McEldowney S.C.
Richard T. Orton
Crivello Carlson S.C.
Rob Namowicz
Spindletop Investigations
You CAN Eliminate That Debt in Bankruptcy: Debts You Didn't Know Are Dischargeable
Session Description:
Student loans, income taxes, parking tickets, debts from divorce - these debts can't be
discharged in bankruptcy, right? Not so fast.
Discover the benefits of bankruptcy, including options for discharging debts. Learn which
debts aren't dischargeable in Chapter 7 but that CAN be discharged in Chapter 13. Plus,
find out how to satisfy a judgment due to the discharge of the underlying debt in
bankruptcy.
Sponsored By:
Bankruptcy, Insolvency and Creditors' Rights, Solo and Small Firm, and General Practice Sections
Presented By:
Benjamin P. Payne (Chair)
Hanson & Payne LLC
Karen Marie Bauer
Legal Aid Society of Milwaukee, Inc.
Ryan A. Blay
Krekeler Strother SC
Hon. Catherine J. Furay
U.S. Bankruptcy Court
Steven R. McDonald
Law Office of Steven R. McDonald LLC
Update on Wisconsin Criminal Law Procedure
Session Description:
Stay ahead of the curve in criminal law, evidence, and procedure with this overview of recent
developments in critical areas of criminal practice, including:
- New case law from the state, federal, and U.S. Supreme Court levels
- New statutes and rules governing criminal procedure
Sponsored By:
Criminal Law Section
Presented By:
Susan V. Happ
Jefferson County District Attorneys Office (Chair)
Rebecca M. Coffee
Mastantuono & Coffee SC
Roy R. Korte
Wisconsin Department of Justice
Hon. Phillip A. Koss
Walworth County Circuit Court
The Secret to Successful Petitions for Supreme Court Review
Session Description:
Fearful of drafting your first U.S. Supreme Court petition for review? Looking for tips on
making your next petition for review even more persuasive? Don't miss this insightful panel
discussion moderated by an experienced appellate attorney.
The newest Wisconsin Supreme Court justice, Daniel Kelly, will share the view from the court.
He'll compare and contrast his experience on the receiving end of petitions for review with
his prior experience drafting and filing them.
Supreme Court Commissioner Mark A. Neuser will share the internal process of handling and
screening petitions for review.
Attorney R. Andrew Hinkel has had more petitions for review granted in the past 24 months than
any other attorney in Wisconsin. Discover his secrets to success.
Sponsored By:
Appellate Practice Section
Presented By:
Kent A. Tess-Mattner (Chair)
Schmidt, Rupke, Tess-Matner & Fox, SC
Hon. Daniel Kelly
Wisconsin Supreme Court
Comm. Mark A. Neuser
Wisconsin Supreme Court
Andrew R. Hinkel
State Public Defenders Office - Appellate Division
Hannah Schieber Jurss
State Public Defenders Office - Appellate Division
A Conversation about Courageous Collaboration and Implicit Bias
Session Description:
Attorney Dana Tippin Cutler, 2016-2017 Missouri Bar president, will introduce you to the
Courageous Collaborations program she helped create. Courageous Collaborations facilitates
conversations to help overcome implicit bias and drive change in issues of race, gender,
disability, sexual orientation, and gender identity.
Learn how you can:
- Implement ideas from Courageous Collaborations into your own firm as well as the
judicial system as a whole
- Become more knowledgeable about and culturally sensitive to the people you deal with
every day
- Encourage productive conversations about how implicit bias affects us all
- Improve the legal system through awareness of and open discussion about inherent
biases
Sponsored By:
Diversity Inclusion & Oversight Committee
Presented By:
Margaret Wrenn Hickey (Chair)
Becker, Hickey & Poster SC
Starlyn Rose Tourtillott
Menominee Indian Tribe of Wisconsin
Dana Tippin Cutler
James W. Tippin & Associates
Eric L. Andrews
McCoy Leavitt Laskey LLC
Luncheon Plenary featuring P.J. O'Rourke
O'Rourke covers current event, combining the skill and discipline of an investigative reporter with
a comedian's sense of the absurd and the stupid. Known as a hard-bitten, cigar-smoking conversative,
he, in fact, bashes all political persuasions. Whether dealing with the inner workings of Washington
bureaucracy of the shifting political and economic sands of the new world disorder, O'Rourke proves
himself to be a savvy guide to national and global affairs. His razor sharp insights never fail
to inform and entertain.
Choosing a Form of Business Entity: Principal Considerations, Including the Impact of the
Tax Cuts and Jobs Act
Session Description:
The choice of business entity involves many critical decisions. Explore the considerations involved
with special attention paid to the effects of the Tax Cuts and Jobs Act recently enacted by Congress
("TCJA") and anticipated Wisconsin legislative changes.
- Learn the legal and tax implications when choosing the business entity
- Examine the sweeping tax rate changes made by the TCJA and the effect on various types of
business entities
- Understand how anticipated revisions to Wisconsin's various business statutes will provide for uniformity
and integration of procedures across types of entities
Sponsored By:
State Bar of Wisconsin Business Law Section
Presented By:
Randal J. Brotherhood (Chair)
Meissner Tierney Fisher & Nichols S.C.
Joseph D. Masterson
Quarles & Brady LLP
Thomas J. Nichols
Meissner Tierney Fisher & Nichols S.C.
James N. Phillips
Godfrey & Kahn S.C.
Adam J. Tutaj
Meissner Tierney Fisher & Nichols S.C.
ADR as a Mechanism for Construction Dispute Resolution: A Worthwhile Alternative
Session Description:
Having the skills to effectively resolve conflicts can give you a competitive advantage and
attract new construction clients to your practice.
The cost of arbitrating construction disputes is skyrocketing. What if there were more timely
and cost effective ways to resolve these disagreements?
Explore the many benefits of Alternative Dispute Resolution approaches such as:
- Mediation
- Binding mediation
- Collaborative claims process
- Mediation/arbitration combination
- Early neutral evaluation
Learn how you can incorporate these valuable tools into your practice. Plus, walk away
with helpful resources to further your ADR skills.
Sponsored By:
State Bar of Wisconsin Dispute Resolution, and Construction & Public Contract Law
Sections
Presented By:
Jaya Sharma (Chair)
Sharma Mediation and Arbitration Inc.
Larry Rocole
JP Cullen & Sons Inc.
Roy Wagner
von Briesen & Roper, S.C.
Acts of God: Legal Issues and Disaster Preparation
Session Description:
Are you prepared for when disaster strikes? Are your clients? Learn what planning and management
you should do prior to a calamity. Understand the legal complications that arise after a
disaster. Plus, discover tools, services, resources, and steps for rapid recovery in the
aftermath for both you and your clients.
Topics include:
- FEMA's role and authority in disasters
- Insurance claims and challenges
- Applying for and securing public benefits
- Securing and accessing key records needed for legal claims
- Disaster preparation: how to access and secure the necessities
- Self-care: dealing with the emotional aftermath of disaster
Sponsored By:
State Bar of Wisconsin Non Resident Lawyers Division
Presented By:
Kathryn M. Bullon (Chair)
Deerhaven Consulting Services
Erik R. Guenther
Office of the Federal Public Defender,
District of Nevada, Las Vegas
Paul E. Conrad
U.S. Department of Homeland Security FEMA,
Washington D.C.
Essential Trademark Concepts for Business Lawyers
Session Description:
Even if you don't specialize in trademark law, there's still a lot you can do to help your
business clients when trademark problems arise. Attend this session to learn about:
- General principles of trademark law
- Intent to Use and its applications
- Establishing priority in trademark disputes using pre-trademark activities
- State and federal tools for dealing with trademark issues
- When to call in experienced copyright counsel
Hear about trademark registration from presenters with the Wisconsin Department of Financial
Institutions and the U.S. Patent and Trademark Office.
Sponsored By:
State Bar of Wisconsin Intellectual Property and Technology Law, Business Law, Solo and Small
Firm, and General Practice Sections
Presented By:
Lawrence S. Pope (Chair)
Lawrence S. Pope Attorney at Law
Randal J. Brotherhood
Meissner Tierney Fisher & Nichols S.C.
Craig Morris
USPTO Alexandria
Kevin J. Palmersheim
Haley Palmersheim, S.C.
David John Regele
Capitol Indemnity Corp.
Richard A. Westley
Westley Law Offices
Lawyers as Political Leaders: Engaging with Campaigns and Holding Office
Session Description:
Lawyers in public office are becoming scarce just when it's most critical for them to hold
elected positions at all levels of government. If you're considering running for office or
helping a colleague do so, don't miss this insightful panel discussion.
Hear from attorneys who serve or have served in public office. They'll share guidance on:
- The basics of running for office as a practicing attorney
- Ethical considerations for fundraising
- Attorney-client conflicts of interest
- What you can expect if elected
- The transition to elected official
- The commitment it takes to campaign and serve
- How to balance a practice while campaigning or holding office
Sponsored By:
Presidential Initiative of State Bar President Paul G. Swanson and the State Bar
of Wisconsin Government Relations Team
Presented By:
Cale Battles
State Bar of Wisconsin
Mayor Tom Barrett
Milwaukee
Ald. Mary Lynne Donohue
Sheboygan
Rep. Cody Horlacher
33rd Assembly District
Jeff Mayers
President WisPolitics
Chair Laurie McCallum
LIRC
Retired Justice David Prosser
Wisconsin Supreme Court
Sen. Lena Taylor
Wisconsin District 4
Maneuvering through Child Support: A View from the Bench and Attorneys in the Courtroom
Session Description:
When a family law case involves children, it often also involves child support. Explore
how you can use the DCF 150-Child Support Guidelines and Chapter 767.511 (Child Support)
to your advantage.
You'll learn:
- How to present income information to the bench
- How to present a child support deviation case
- How to use child support mathematical equations
- What judges expect to receive in evidence
- How judges make their decisions
Sponsored By:
State Bar of Wisconsin Family Law Section
Presented By:
Lynn M. Galbraith-Wilson (Chair)
Brennan Steil S.C.
James C.W. Bock
JCWB Esq. LLC
Comm. Thomas A. Kolpien
Rock County Family Court
Korey C. Lundin
Legal Action of Wisconsin Inc
Comm. Mark G. Schroeder
Outagamie County Family Court Commissioners Office
Hon. Thomas John Walsh
Brown County Circuit Court
What Business Lawyers Should Know About Bankruptcy
Session Description:
Explore the bankruptcy tools available to financially distressed businesses, and learn how to use
them to minimize the financial fallout to the business owners.
Find out more about common financial problems companies face, such as:
- Withholding and payroll taxes
- Sales taxes
- Unemployment & worker's compensation
- Contractor theft claims
- Personal guaranties
In addition, understand the risks of acquiring the assets of a financially troubled company.
Know how a shareholder's individual bankruptcy filing can affect the interests of the other
shareholders.
Sponsored By:
State Bar of Wisconsin Bankruptcy, Insolvency & Creditors' Rights, Business Law, Solo
and Small Firm, and General Practice Sections
Presented By:
Benjamin P. Payne (Chair)
Hanson & Payne LLC
David Krekeler
Krekeler Strother, S.C
Craig Stevenson
DeWitt Ross & Stevens, S.C.
Cybersecurity
Session Description:
The convenience of modern technology comes with the challenges of security for remote access,
electronic client communications, and e-banking transactions. Cybersecurity for your law
firm starts with you.
This session will discuss:
- Basic compliance issues you should know about
- How to address basic security needs in a law firm
- Risk management tools and best practices to protect yourself from a data breach
- How to respond to a breach and get back to business
Sponsored By:
State Bar of Wisconsin Insurance & Member Benefits Committee
Presented By:
Todd Wayne Martin (Chair)
Stinson Leonard Street LLP
Public Benefit Preservation in Insurance Settlements
Session Description:
Medicare Secondary Payer compliance has been a widely debated topic in insurance settlements
lately. But what about all public benefit programs? Learn how to preserve asset-based and
entitlement-based benefit programs on behalf of your clients.
Presented By:
Joe Anderson (Chair)
Medivest, San Francisco
Friday, June 22, 2018
The Appellate Process from the Other Side of the Bench (featuring Hon. Diane P. Wood)
Session Description:
Join us as author William Domnarksi interviews Chief Judge of the Seventh Circuit Court of
Appeals, Hon. Diane P. Wood. Through this interactive discussion, you will discover the
inner-workings of the Seventh Circuit, gain new insights, and understand the expectations
of sitting judges for lawyers appearing in their court. You'll hear tips that go beyond
the Seventh Circuit's Practitioners Handbook for
Appeals on preparing for and arguing and appeal to the Seventh Circuit with the goal of
meeting the court's expectations. The session will be open to audience questions immediately
following the interview.
Current Topics in Litigation
Session Description:
Discussion of current litigation topics will help plaintiff and defense
attorneys more effectively represent your clients. Topics will include,
among other things, electronic discovery, avoiding inconsistent verdicts,
an update on recent changes to the Rules of Civil Procedure,
observations from the bench, and what information mediators need from
you.
Presented By:
Hon. Todd K. Martens
Washington County Circuit Court
Olivia M. Kelley
DeWitt Ross & Stevens, S.C.
Sarah A. Zylstra
Boardman & Clark LLP
Ann S. Jacobs
Jacobs Injury Law, S.C.
John D. Claypool
Herrling Clark Law Firm LTD.
Christopher MacGills
MacGillis Wiemer LLC
Estate Planning - Beyond the Basics
Session Description:
Dig deeper into three advanced estate planning topics.
- Dynasty trusts: Learn the pros and cons of dynasty trusts as well as key provisions
that should be included.
- Powers of appointment: Explore the language and consequences of limited vs. general
powers of appointment. Receive an update on the new Power of Appointment Act.
- Agricultural enterprises: Look at topics unique to Wisconsin families with ag
businesses, including tax, estate, and business succession planning.
Sponsored By:
State Bar of Wisconsin Real Property, Probate, and Trust Law Sections
Presented By:
Jennifer M. Olk (Chair)
Godfrey & Kahn SC
Benjamin P. Brunette
Selinger & Brunette LLC
Phillip R. Maples
Michael Best & Friedrich LLP
Melissa Cover Selinger
Selinger & Brunette LLC
Prioritizing Lawyer Well-Being: A Plan of Action for Wisconsin
Session Description:
Two national studies released in 2016 show that lawyers have an elevated risk for mental health
and substance abuse disorders. Discover how the National Task Force on Lawyer Well-Being is
helping lawyers just like you. Learn how you can make your practice a healthier place by:
- Identifying steps to increase personal and professional wellness
- Increasing your awareness of how untreated mental health issues, substance abuse problems,
and chronic stress can lead to impairment in legal practice and career dissatisfaction
- Prioritizing wellness amidst the current widespread disregard for lawyer well-being
Sponsored By:
State Bar of Wisconsin WisLAP Committee
Presented By:
Mary Spranger (Chair)
LCSW, State Bar of Wisconsin, Madison
Nelsen R. Wahlstrom
Marshfield Clinic, Marshfield
Succession Planning For Law Firms
Session Description:
Succession planning is extremely important for solo and small-firm attorneys - and now
there's a new tool from the State Bar to help you.
What's one of the most essential aspects of a law firm succession plan? Designating someone
to take over your clients and cases when you're no longer able to. Learn how to use a new
State Bar database to identify an attorney who can step in to assist in the event of a
disability or untimely death.
In addition, find advice for transferring or selling your practice to another lawyer,
including:
- Structuring the transaction
- Reasonable expectations for a sale or transfer
- Ethical considerations
Sponsored By:
State Bar of Wisconsin Solo and Small Firm, General Practice, and Bankruptcy, Insolvency
& Creditor's Rights Sections
Presented By:
Kathleen A. Brost (Chair)
Brost Law Offices LLC, Neenah
Mary Coughin
Menn Law, Appleton
Jeffrey S. Krause
Affinity Consulting Group, Waterford
Lynn Laufenberg
Gingras, Cates & Wachs, Waukesha
George B. (Gard) Strother
Krekeler Strother, S.C.
Sexual Harassment Claims and Misconduct in the #MeToo Era
Session Description:
In this era of viral social media and #MeToo, "sexual harassment" is often used to talk about a
variety of sex-based misconduct both in and out of the workplace. The lack of precision in
terminology, however, does not change that unwanted sex-based misconduct creates duties and
risks for both employers and employees seeking to protect themselves.
Sponsored By:
State Bar of Wisconsin Labor & Employment Law Section
Presented By:
Sara J. Geenen
The Previant Law Firm
Erica Reib
O'Neil, Cannon, Hollman, DeJong & Laing SC
Call Me...Maybe: Carpenter v. United States -
Smartphones, Privacy and the Fourth Amendment
Session Description:
Does the government have the right to search and seize cellphone records (without a
warrant) that track your location and movements? Is the phone company an eyewitness?
Is sharing your location through your cell phone voluntary?
Don't miss this hearty discussion of as we explore the implications of this case from the defense
and prosecution perspectives. Plus, walk away with guidance for your clients
regarding cellphone privacy rights under the Fourth Amendment.
Sponsored By:
State Bar of Wisconsin Civil Rights & Liberties Section, and Government Lawyers Division
Presented By:
Erica Hayden (Chair)
Milwaukee County Court
Elleny B. Christopoulos
City of Milwaukee
Larry Dupuis
ACLU, Milwaukee
David H. Perlman
Wisconsin Department of Justice, Madison
Break and Section Showcase
Government Ethics, Conflicts, and the Constitution in the Trump Era (featuring Richard W. Painter)
Session Description:
Never in American history has a president presented more conflict of interest questions and
foreign entanglements than President Donald Trump. Given the vast scope of his business
interests, it is difficult to see how the president can avoid possible violations of the
Emoluments Clause while remaining involved with his business holdings. Join us as Richard
W. Painter explores questions surrounding the Emoluments Clause, including:
- What does the clause permit?
- How have other presidents and administrations navigated the complexities of the clause?
- Does the clause apply to the office of the president?
- What are the challenges and pitfalls President Trump faces in following the
Emoluments Clause?
- What is the potential impact on our country if the Emoluments Clause is not enforced?