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Thursday, August 16, 2018

7:45 a.m. - 8:30 a.m.

Registration and Continental Breakfast

8:30 a.m. - 9:45 a.m.

 Opening Plenary: Behind the Curtain: What Every Lawyer Should Know When Dealing with In-House Counsel

Step inside the inner workings of in-house counsel. This moderated panel discussion gives you exclusive insights into an in-house counsel's perspectives, inclinations, and challenges. Receive first-hand information about:

  • A typical day in the life of in-house counsel
  • Roles and responsibilities
  • Short- and long-term goals
  • Preferences when working with defense and plaintiff's counsel
  • What works and what doesn't in various situations

You'll even have a chance to ask your own questions.

Presented By:

Marybeth Herbst-Flagstad
Ascension Health

David C. Keating
Lindner & Marsack, S.C.

Brigid Moroney Misfeldt
Aurora Health Care

Alex Pyke

Jill Hamill Sopha
Sopha Mediation LLC

9:55 a.m. - 11:10 a.m.

Health Law Update

Understand where health law is going with this update on federal legislative and regulatory activities, an overview of Wisconsin legislation and regulatory changes, and a look at what's happening with the Affordable Care Act.

Presented By:

David Cade
American Health Lawyers Association

Thomas N. Shorter
Godfrey & Kahn, S.C.


Labor and Employment Law Update

Keep up with important changes in labor and employment law. Join the discussion on key developments impacting you and your clients with this update on federal case law and litigation, an overview of recent Wisconsin litigation and regulatory changes, and predictions about future hot topics in labor and employment law.

Presented By:

Sara J. Geenen
The Previant Law Firm, S.C.

Erica N. Reib
O'Neil, Cannon, Hollman, DeJong & Laing, S.C.


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

11:25 a.m. - 12:15 p.m.

Update on Whistleblower Claims and Developments Under the False Claims Act

​With the number and severity of False Claims Act whistleblower cases on the rise, health care organizations must be prepared to respond. Better understand the trends in whistleblower complaints and enforcement actions with an examination of claims being brought under:

  • False Claims Act
  • Physician Self-Referral Law (Stark Law)
  • Anti-Kickback Statute
  • Medical necessity claims

Presented By:

Patrick S. Coffey
Husch Blackwell LLP

Nola Hitchcock Cross
Cross Law Firm, S.C.

Stacy Gerber Ward
von Briesen & Roper, S.C.


Top Five Legal Issues Facing Health Care Employers

What's keeping your health care clients up at night? Provide more effective counsel by understanding the most crucial current issues confronting health care employers, including:

  • Unique workplace harassment issues and the #MeToo and #TimesUp Movement
  • Addressing pay disparity in health care
  • Challenges to mandatory vaccination policies
  • Healthcare consolidation traps
  • Proactive steps to address False Claims Act liability

Presented By:

Frank A. Gumina
Husch Blackwell LLP

Presented By:

Robin K. Lehninger
Husch Blackwell LLP


How to Evaluate and Safeguard Collectability of Judgments in Employment Litigation

A judgment against an employer is only worthwhile if it can be collected. Whether representing the plaintiff or defendant in a wage and hour lawsuit, better understand the available strategies for assessing and protecting the collectability of judgments. Learn how to:

  • Evaluate whether the defendant in a possible lawsuit is collectable
  • Differentiate between corporate and personal liability
  • Navigate proof of claim and nondischargeability procedures if the defendant files for bankruptcy
  • Investigate and prosecute claims for fraudulent transfers after obtaining a judgment against the defendant

Presented By:

Christopher J. Ahrens
The Previant Law Firm, S.C.

Yingtao Ho
The Previant Law Firm, S.C.


12:20 p.m. - 1:30 p.m.

Optional Paid Luncheon and Presentation (Ticketed Event): Guess Who's Coming to Court

The legal industry has taken a variety of steps to eliminate blatant forms of improper discrimination in the profession. But what about not-so blatant bias and discrimination? Join us for an eye-opening and entertaining session that will help you recognize hidden bias and discrimination within your law practice. You'll even learn ways to help eliminate them.​

Our featured luncheon speaker is Stuart Teicher, a professional legal educator focusing on ethics law who helps fellow attorneys survive the practice of law and thrive in the profession.

Sponsored By:

Godfrey & Kahn, S.C.

Presented By:

Stuart I. Teicher
Teicher Professional Growth, LLC

1:40 p.m. - 2:30 p.m.

Conducting a Physician Compensation Audit ... And What to Do if You Find Something

All health care systems have hundreds of compensation arrangements with physicians who refer items and services to the system's various facilities. Each of these agreements must meet regulatory requirements or the referral and payment of government-paid items may be compromised. That's why it's smart to conduct a proactive audit of existing financial arrangements to assess current compliance.

Discover a process and best practices for designing, conducting, and concluding an audit. Also, learn what to do if you identify any noncompliant arrangements. Walk away with:

  • Tips for meaningful, yet controlled, audit scope design that avoids "fishing expeditions" which can lead to unintended results​
  • Sound audit practices that protect highly sensitive information
  • Options for resolving and preventing future noncompliance

Presented By:

Scott J. Geboy
Hall, Render, Killian, Heath & Lyman, P.C.

Joseph N. Wolfe
Hall, Render, Killian, Heath & Lyman, P.C.


#MeToo: Investigating and Addressing Claims of Sexual Harassment in the Workplace

More than 40 years after the term "sexual harassment" was coined and more than 30 years since the U.S. Supreme Court recognized sexual harassment as a cause of action in Meritor Savings v. Vinson, businesses continue to struggle with it. Stopping sexual harassment starts with effective policies and employee training. Equally important are thorough investigation protocols that prevent issues from lurking in the shadows and send a clear message that offending behavior won't be tolerated.

Discover how to:

  • Draft and implement robust sexual harassment policies
  • Educate employees
  • Conduct fair and thorough investigations
  • Implement appropriate corrective action to prevent and remedy incidents​

Presented By:

Laurie A. Petersen
Lindner & Marsack, S.C.

Richard F. Rice
Fox & Fox, S.C.


Health Care Boilerplate: What it Is, When You Need It, and Why You Should Care

Boilerplate provisions in health care aren't something to ignore or rush through. They can have significant economic and operational impact on the transaction as well as provide negotiating leverage. Find out more about:

  • The purpose and legal effect of common boilerplate clauses used in health care
  • The importance of not taking boilerplate clauses for granted
  • Strategies for drafting and negotiating effective and efficient provisions

Plus, take a closer look at a variety of health care boilerplate provisions relating to Medicare access, caregiver background checks, and more.

Presented By:

Kelsey A. Anderson
Godfrey & Kahn, S.C.

William O. Jackson
ProHealth Care, Inc.


2:30 p.m. - 2:50 p.m.

Refreshment Break

2:50 p.m - 4:05 p.m.

Data Breaches and Cybersecurity Incidents: Effective Preparation and Incident Response

If you're not prepared for a data breach, you're setting yourself up to fail. Although the core components of breach preparation and response aren't difficult, putting those pieces together is best done when you're not trying to manage a real-life crisis. If you represent or work for a company that handles electronic data, cybersecurity and data breaches don't have to keep you up at night any longer.

Consider this your introduction to incident prevention and response for both HIPAA and non-health care situations:

  • Learn how you can help make data security an organizational priority
  • Find tips for effective data breach preparation
  • Discover incident response best practices - from preparation to discovery and remediation

Presented By:

Meghan C. O'Connor
Quarles & Brady LLP


Anatomy of a Noncompete Agreement

Though seemingly prohibitive at first, noncompete agreements and restrictive covenants are only meant to prevent unfair competition - not competition in general. In fact, Karsten v. Terra Engineering and Manitowoc Company v. Lanning suggest a trend toward fewer restrictions under Wis. Stat. 103.465

This session introduces you to the benefits and best practices of noncompetes. Learn how they can address activities such as:

  • Soliciting colleagues to leave or join a new employer
  • Soliciting current, past, or potential customers
  • Confidentiality
  • Future employment or business actions

Find tips for negotiating and creating fair and enforceable agreements as you discover:

  • Essential drafting techniques
  • How to avoid missteps that can result in unenforceability
  • Ways of detecting and addressing common drafting errors

Presented By:

Bradden C. Backer
Albrecht Backer Labor & Employment Law, S.C.

Tamara B. Packard
Pines Bach LLP


The Times, They are A-Changing: The Evolving Status of Cannabis in Wisconsin

By legalizing marijuana in very specific circumstances, Wisconsin has stepped into the rapidly changing world of legal, medicinal, and recreational cannabis use. Wondering what Wisconsin's laws actually say about using weed in the Badger State? Want to know how even limited cannabis legalization can potentially impact issues in employment and criminal law? This is the session for you!

Presented By:

Colin B. Good
Hawks Quindel, S.C.

Nicholas E. Fairweather
Hawks Quindel, S.C.

Craig S. Powell
Kohler Hart Powell, S.C.


4:15 p.m. - 5:30 p.m.

Information Security: Protecting Confidential Data Before, During, and After the Employment Relationship

Because information is the lifeblood of business, a breach can spell financial ruin. Whether caused maliciously or inadvertently, numerous studies show that half to three-quarters of all data breaches originate from employees. Knowing the steps to take at every stage of employment can help properly secure critical business and proprietary information and protect it from disclosure.

Learn best practices before and during an employment relationship for ensuring your client is reasonably protected from a breach, including:

  • Background checks
  • Security testing
  • Adequate password protection
  • Tracking and monitoring access to vital information

Whether representing the employer or employee, understand critical actions to take at employee departure to protect both parties and avoid future litigation. Plus, in the event of a breach, find out how to secure evidence for presentation in court if necessary.

Presented By:

Daniel J. Finerty
Lindner & Marsack, S.C.

Sally A. Piefer
Lindner & Marsack, S.C.

Friday, August 17, 2018

7:45 a.m. - 8:30 a.m.

Continental Breakfast, Health Law Section Meeting

8:30 a.m. - 9:20 a.m.

Morning Plenary: Professional Responsibility Issues in the Age of Social Media: Lawyer Advertising and Using Social Media Information

Facebook, LinkedIn, Twitter, Snapchat - social media is ubiquitous these days. Do you know how to use social media ethically? Explore the ethical issues for lawyers using social media to advertise their services or gather information.

In addition, receive an update on several changes proposed to the Rules of Professional Conduct addressing lawyer advertising and responding to negative commentary about a lawyer's conduct.

Presented By:

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

9:30 a.m. - 10:20 a.m.

The Opioid Crisis: Wisconsin on the Front Lines

Widespread overprescription and overuse of opioids has resulted in a flood of opioid misuse, addiction, and deaths. Dig deeper into the legal, financial, and ethical implications of the opioid epidemic in Wisconsin with an overview of:

  • How opioid abuse impacts health care utilization in Wisconsin and the U.S.
  • The economic toll on state and local governments
  • Recent state and federal actions combating the opioid crisis
  • The latest opioid-related litigation

Presented By:

Sean O. Bosack
Godfrey & Kahn, S.C.


What Now?!? The Presence and Influence of Technology and Social Media in Labor & Employment Dispute Resolution

Cellphones and social media are changing the established traditions of mediation and arbitration in labor and employment law. Find out how the growing presence of technology and social media are affecting these proceedings. Presenters specializing in labor and employment law will explore questions such as:

  • What role, if any, should social media and technology play in mediations and arbitrations?
  • How is the dynamic of a labor mediation changed when the entire bargaining unit is present through the Facebooking activities of a negotiating team member?
  • What if the neutral party is connected to one of the attorneys via social networking or uses social media sites to research the parties prior to mediation?
  • What are the benefits and disadvantages of having parties participate via video conferencing?
  • What are the implications when a cellphone recording is made without the mediator's, arbitrator's, or opposing party's knowledge?

Presented By:

Danielle L. Carne
Carne Dispute Resolution

Colin B. Good
Hawks Quindel, S.C.


Wisconsin Supreme Court Upends Employee Nonsolicitation Restrictions: What's Next for Health Care Employers?

For years, health care employers have included employee nonsolicitation (or anti-raiding) provisions in employment agreements and restrictive covenants. In January 2018, the Wisconsin Supreme Court made it more difficult for employers to protect against employee nonsolicitation in Manitowoc Company, Inc. v. Lanning. Find out how you can best protect your health care clients following this landmark decision.

Presented By:

Lora J. Johnas
Sacred Heart Hospital

Tom G. O'Day
Godfrey & Kahn, S.C.


10:20 a.m. - 10:35 a.m.

Refreshment Break

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

Wisconsin Medicaid Provider Audits, Payment Suspensions, and Recoupments

Health care providers participating in the Wisconsin Medicaid Program may find themselves subject to more provider audits and recoupment efforts thanks to an increased emphasis on program integrity by the Wisconsin Department of Health Services Office of the Inspector General (OIG).

Learn helpful strategies for representing providers in these circumstances with advice on:

  • How to advise your clients on navigating the audit process
  • How to challenge an OIG recoupment effort
  • How to respond to collateral actions, such as a referral to the Department of Justice and payment suspension

Explore the injunction currently limiting OIG's efforts to recoup funds from providers for alleged noncompliance. Plus, take a closer look at pending appellate litigation, which will likely shape OIG's actions going forward.

Presented By:

Aaron Dumas
Pines Bach LLP

Diane M. Welsh
Pines Bach LLP


Detangling Wisconsin Law's White-Collar Exemptions From Those of the FLSA

Think by meeting the FLSA's white-collar exemptions that you're also meeting Wisconsin's? Not so fast. Wisconsin law has more restrictive limitations on the duties requirements for its white-collar exemptions. So how can you ensure your administrative, professional, and executive employees are exempt from both Wisconsin and federal law? Attend this session to learn about:

  • The historical development of white-collar exemptions to overtime pay under the FLSA and Wisconsin law
  • The differing standards of analysis for determining if an employer's duties are exempt from overtime

Presented By:

James J. Chiolino
Wisconsin Department of Workforce Development - Equal Rights Division

Timothy P. Maynard
Hawks Quindel, S.C.


Reasonable Accommodations in the Health Care Workplace

​Is a health care employer required to accommodate ​an employee's request for an intermittent leave of absence? Understand the employer's obligations under the Americans with Disabilities Act and Wisconsin Fair Employment Act. In addition, learn more about:

  • Key cases within the health care industry outlining employer responsibilities
  • Best practices for an intermittent leave of absence

Presented By:

Tom G. O'Day
Godfrey & Kahn, S.C.


11:35 a.m. - 12:25 p.m.

Closing Plenary: Epic Fallout: The Future of Arbitration Agreements in the Workplace

In Epic Systems v. Lewis, the Supreme Court paved the way for employers to include collective and class-action waivers in arbitration agreements. This divisive, even emotional issue is pitting employees against employers on a whole new level. It's a landmark decision that's added a new layer of complexity to the employer-employee relationship that must be navigated with extreme care. This session explores the answers to questions such as:

  • What does this decision mean for employees and employers?
  • What attacks on arbitration agreements remain post-Epic?
  • Should employers embrace arbitration agreements?
  • How should an employer roll out an arbitration agreement?

Presented By:

Larry Johnson
Hawks Quindel, S.C.

Sean M. Scullen
Quarles & Brady LLP

12:25 p.m.

Institute Concludes