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Thursday, June 21, 2018

7:15 a.m. - 8:00 a.m.

Continental Breakfast​

Sponsored By:

Hupy and Abraham S.C.

8:00 a.m. - 8:15 a.m.

Opening Remarks

8:15 a.m. - 9:30 a.m.

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.

Sponsored By:

Professional Ethics Committee

Presented By:

Aviva Meridian Kaiser (Chair)
State Bar of Wisconsin

Kori L. Ashley
Legal Action of Wisconsin, Inc.

Dean R. Dietrich
Ruder Ware, L.L.S.C.

Timothy J. Pierce
State Bar of Wisconsin

Thomas J. Watson
Wisconsin Lawyers Mutual Insurance (WILMIC)

9:30 a.m. - 9:55 a.m.


9:55 a.m. - 10:45 a.m.

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, Madison (Chair)

Sara M. Drescher
Forest County Potawatomi Community, Milwaukee

Cheryl Widder Heilman
Wisconsin Department of Natural Resources, Madison

Paul G. Kent
Stafford Rosenbaum LLP, Madison

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 SC, Rhinelander (Chair)

Richard T. Orton
Crivello Carlson SC, Milwaukee

Rob Namowicz
Spindletop Investigations, Milwaukee

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
Hanson & Payne LLC, Milwaukee (Chair)

Karen Marie Bauer
Legal Aid Society of Milwaukee Inc., Milwaukee

Ryan A. Blay
Krekeler Strother SC, Madison

Hon. Catherine J. Furay
Chief Judge, U.S. Bankruptcy Court, Madison

Steven R. McDonald
Law Office of Steven R. McDonald LLC, Oak Creek

10:45 a.m. - 11:10 a.m.


11:10 a.m. - 12:25 p.m.

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 Attorney’s Office, Jefferson (Chair)

Rebecca M. Coffee
Mastantuono & Coffee SC, Milwaukee

Roy R. Korte
Wisconsin Department of Justice (Ret.), Milwaukee

Hon. Phillip A. Koss
Walworth County Circuit Court, Elkhorn

The Secret to Successful Petitions for Wisconsin Supreme Court Review

Session Description:

Looking for tips on making your next petition for review more persuasive? Fearful of drafting your first peitition for review? Don't miss this insightful and 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 Andrew R. Hinkel has had more petitions for review granted in the past 24 months than any other attorney in Wisconsin, and moderator Hannah Schieber Jurss was second. Discover their secrets to success.

Sponsored By:

Appellate Practice Section

Presented By:

Kent A. Tess-Mattner
Schmidt, Rupke, Tess-Mattner & Fox SC, Brookfield (Chair)

Justice Daniel Kelly
Wisconsin Supreme Court, Madison

Comm. Mark A. Neuser
Wisconsin Supreme Court, Madison

Andrew R. Hinkel
State Public Defender’s Office Appellate Division, Madison

Hannah Schieber Jurss
Wisconsin Department of Justice, Madison

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:

Dana Tippin Cutler
James W. Tippin & Associates, Kansas City, MO

Eric L. Andrews
McCoy Leavitt Laskey LLC, Waukesha

12:30 p.m. - 1:35 p.m.

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.

1:35 p.m. - 1:45 p.m..


1:45 p.m. - 2:35 p.m.

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.

  1. Learn the legal and tax implications when choosing the business entity
  2. Examine the sweeping tax rate changes made by the TCJA and the effect on various types of business entities
  3. 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 SC, Milwaukee (Chair)

Joseph D. Masterson
Quarles & Brady LLP, Milwaukee

Thomas J. Nichols
Meissner Tierney Fisher & Nichols SC, Milwaukee

James N. Phillips
Godfrey & Kahn SC, Milwaukee

Adam J. Tutaj
Meissner Tierney Fisher & Nichols SC, Milwaukee

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
Sharma Mediation and Arbitration Inc., Madison (Chair)

Larry Rocole
JP Cullen & Sons Inc., Brookfield

Roy E. Wagner
von Briesen & Roper SC, Milwaukee

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
Deerhaven Consulting Services, Sombra,ON, Canada (Chair)

Erik R. Guenther
Federal Public Defenders, District of Nevada, Las Vegas

Paul E. Conrad
U.S. Department of Homeland Security-FEMA, Washington, D.C

2:35 p.m. - 3:05 p.m.


3:05 p.m - 4:20 p.m.

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
Lawrence S. Pope Attorney at Law, Milwaukee (Chair)

Randal J. Brotherhood
Meissner Tierney Fisher & Nichols SC, Milwaukee

Craig Morris
USPTO Alexandria, VA

Kevin J. Palmersheim
Haley Palmersheim SC, Middleton

David John Regele
Capitol Indemnity Corp., Middleton

Richard A. Westley
Westley Law Offices SC, Madison

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:

Mayor Tom Barrett

Cale Battles
State Bar of Wisconsin, Madison

Ald. Mary Lynne Donohue

Rep. Cody Horlacher
33rd Assembly Dist., Mukwonago

Jeff Mayers
President, WisPolitics Publishing, Madison

Laurie McCallum
Wisconsin Labor & Industry Review Commission, Madison

Justice David T. Prosser, Jr. (Ret.)
Wisconsin Supreme Court, Madison

Sen. Lena C. Taylor
Wisconsin District 4, Milwaukee

Maneuvering through Child Support: A View from the Bench and Attorneys in the Courtroom

4:20 p.m. - 4:30 p.m.


4:30 p.m. - 5:20 p.m.

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
Hanson & Payne LLC, Milwaukee (Chair)

J. David Krekeler
Krekeler Strother, SC, Madison

Craig E. Stevenson
DeWitt Ross & Stevens SC, Madison

Cybersecurity Risks and Solutions for Lawyers and Law Firms

Session Description:

As technology keeps changing, cybersecurity must evolve to keep up. Your access to sensitive digital data makes you a prime target for cyber threats. Are you using the most current cybersecurity measures? Is your firm prepared to face cyber threats and mitigate the risks? Do you know what to do if your data is breached? Attend this session to learn:

  • The current cybersecurity environment and new threats
  • Requirements under the Rules of Professional Responsibility
  • Elements of an effective cybersecurity program
  • Cybersecurity insurance
  • Effective breach response
  • And more

Sponsored By:

Insurance and Member Benefits Committee and the Solo / Small Firm and General Practice Section

Presented By:

Kathleen A. Brost
Legacy Private Trust Company, Neenah (Moderator)

Michael Harty
M3 Insurance Solutions, Inc., Madison

Aviva Meridian Kaiser
State Bar of Wisconsin, Madison

Todd W. Martin
Stinson Leonard Street LLP, Madison (Chair)

Understanding NAFTA 2.0

Friday, June 22, 2018

7:30 a.m. - 8:00 a.m.


8:00 a.m. - 9:15 a.m.

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.

Hon. Diane P. Wood is the Chief Judge of the U.S. Court of Appeals for the Seventh Circuit. She was appointed by President Bill Clinton in 1995 and assumed the Chief Judgeship in 2013. Wood, who obtained a J.D. from the University of Texas in 1975, clerked for Judge Irving L. Goldberg of the U.S. Court of Appeals for the Fifth Circuit and U.S. Supreme Court Justice Harry Blackmun. She was an Assistant Professor of Law at Georgetown University before serving as the Harold J. and Marion F. Green Professor of International Legal Studies at the University of Chicago Law School - the first woman to hold a named chair at the school. She later become the school's Associate Dean. From 1993 to 1995 she served as Deputy Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice, with responsibility for the division's international, appellate, and legal policy matters. She also revised the U.S. Justice Department's Antitrust Guide for International Operations.

9:15 a.m. - 9.35 a.m.

Break and Hotel Checkout

9:35 a.m. - 10:25 a.m.

Current Topics in Litigation

Session Description:

Whether you represent the defense or the plaintiff, stay abreast of the latest litigation changes with insights from an experienced panel on:

  • Recent changes to the Rules of Civil Procedure
  • Electronic discovery
  • Observations from the bench
  • How to avoid inconsistent verdicts
  • What information mediators need from lawyers
  • And more

Sponsored By:

State Bar of Wisconsin Litigation Section

Presented By:

Hon. Todd K. Martens
Washington County Circuit Court, West Bend

Olivia M. Kelley
DeWitt Ross & Stevens, S.C., Brookfield

Sarah A. Zylstra
Boardman & Clark LLP, Madison

Ann S. Jacobs
Jacobs Injury Law, S.C., Milwaukee

John D. Claypool
Herrling Clark Law Firm LTD., Appleton

Christopher MacGills
MacGillis Wiemer LLC, Wauwatosa

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
Godfrey & Kahn SC, Milwaukee (Chair)

Benjamin Paul Brunette
Selinger & Brunette LLC, Madison

Phillip R. Maples
Michael Best & Friedrich LLP, Manitowoc

Melissa Cover Selinger
Selinger & Brunette LLC, Madison

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

Endorsed by the State Bar of Wisconsin Health Law Section

Presented By:

Mary Spranger
LCSW, State Bar of Wisconsin, Madison

Nelsen R. Wahlstrom
Marshfield Clinic Health System, Marshfield

10:35 a.m. - 11:25 a.m.

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
Legacy Private Trust Co., Neenah (Chair)

Mary F. Coughlin
Menn Law Firm, Ltd., Appleton

Jeffrey S. Krause
Affinity Consulting Group, Waterford

Lynn R. Laufenberg
Gingras, Cates & Wachs, Waukesha

George B. (Gard) Strother IV
Krekeler Strother, S.C., Madison

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 SC, Milwaukee

Erica N. Reib
O’Neil, Cannon, Hollman, DeJong & Laing SC, Milwaukee

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 Carpenter v. United States 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 H. Hayden
Milwaukee County Court, Milwaukee (Chair)

Elleny B. Christopoulos
Milwaukee City Attorney’s Office, Milwaukee

Laurence J. Dupuis
ACLU WI Foundation, Milwaukee

David H. Perlman
Wisconsin Department of Justice, Madison

11:25 a.m. - 12:10 p.m.

Break and Section Showcase

12:10 p.m. - 1:00 p.m.

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?

Richard W. Painter is the S. Walter Richey Professor of Corporate Law at the University of Minnesota Law School and the Vice Chair of Citizens for Responsibility and Ethics in Washington (CREW). From 2005 to 2007 he was Associate Counsel in the White House Counsel's office, serving as Chief Ethics Lawyer for President George W. Bush. He is a nationally recognized authority on corporate, government, and lawyer ethics and ethics law. He is an expert on the Sarbanes-Oxley Act, a key provision of which is based on his work. He has provided invited testimony before committees of Congress on securities litigation and the role of attorneys in corporate governance. He is the author of books on banking reform, government ethics reform, and more recently, the first book on campaign finance reform by a conservative. He has also written two casebooks on securities litigation and lawyer responsibility.