That's the beauty of the 2013 Litigation, Dispute Resolution, and Appellate Practice Institute
No need to imagine meeting your peers and learning from the state's most experienced lawyers and judges – it's for real. The Litigation, Dispute Resolution, and Appellate Practice Institute delivers all that and more – and accomplishes so much in just a day and a half.
You'll find we packed a wide range of worthwhile CLE into the Institute schedule. You can choose from 18 breakout sessions, plus two keynote addresses that also qualify for CLE credits, earning up to 11.5 CLE and 2.0 EPR credits on the topics you need to advance your career and hone your skills.
Choose from hot topics, such as:
There will be keynote presentations Thursday morning and noon, each worth CLE credits:
Learn more about what judges are looking for in their courtrooms by attending two panel discussions. The first features a panel of three circuit court judges who will discuss and analyze practice trends they’re seeing in their courtrooms. The second panel includes a Wisconsin Supreme Court Justice and two Court of Appeals Judges who will discuss best practice tips and pet peeves at the appellate level.
With six opportunities to socialize with your colleagues built into the schedule, the Litigation, Dispute Resolution, and Appellate Practice Institute will allow you to maximize your time to discuss and ask questions of your colleagues who encounter the same practice issues as you.
Get fueled up for your CLE sessions! Join your colleagues and vendors for a variety of inclusive breakfast items, coffee, and juice as you socialize with your fellow lawyers while you learn about valuable products and services. Sponsored by Hupy and Abraham S.C.
With sponsored breaks strategically placed in the schedule, you'll have time to enjoy refreshments and meet your colleagues to continue discussions from your sessions.
12:10 – 1:30 p.m., Thursday, May 16
PLEASE NOTE: To attend the luncheon and earn 1.0 credit, attendees must indicate the "including optional CLE luncheon" selection when registering for the institute.
Visit the Expo Hall for continental breakfasts and refreshment breaks, and also to meet with businesses that tailor their products and services to the legal community. Bring plenty of business cards to register for giveaways in individual booths, and have your PASSPORT TO PRIZES signed for a chance to win valuable prizes. Plan to attend the Opening Reception on Thursday and enjoy beer, wine, soda and hors d'oeuvres compliments of your exhibitors and sponsors. A cash bar will also be available.
Thursday 4:45 – 6:00 p.m.
Unwind after your CLE sessions in the Expo Hall. Enjoy beer, wine, soda, and hors d'oeuvres compliments of your exhibitors and sponsors. A cash bar will also be available. Have your PASSPORT signed for a chance to win valuable prizes.
Earn up to 11.5 CLE and 2.0 EPR credits
Morris Dees, founder of the Southern Poverty Law Center
With Justice for All in a Changing America
8:30 – 10:00 a.m. Thu. May 16, 1.5 credits
The venue for this year's Litigation, Dispute Resolution, and Appellate Practice Institute is Milwaukee's most elegant hotel, The Pfister.
Three blocks from the shores of Lake Michigan on Wisconsin Avenue, The Pfister Hotel is within walking distance of museums, theater, shopping, nightlife, and many dining options.
Enjoy superior accommodations featuring magnificent furnishings, round-the-clock personal service and wireless, high-speed Internet access. Take a deep breath and relax knowing the facility is smoke-free. On the 23rd floor overlooking Lake Michigan, Blu is Milwaukee's most sophisticated martini and wine bar with awe-inspiring views. You can receive a 10% discount at the Café Pfister for breakfast and lunch with your Institute name tag.
It's about time you escape those cell phone and email tensions and reclaim a sense of physical and mental harmony. WELL Spa is a new urban oasis for nourishing mind, body, and soul. From the blending of aromatics to the selection of music, indulge in an experience of pure luxury, all within your own private spa suite. WELL Spa is located on the first floor of The Pfister. Your Institute nametag will get you a 10% discount in the spa Wednesday through Friday (5/15-17, 2013).
Programs that will be offered as Webcast Replays.
|7:45 - 8:30 a.m.||Registration
Continental Breakfast – Legal Expo
Sponsored by Hupy and Abraham S.C.
|8:30 - 10:00 a.m.||
Keynote Session: With Justice for All in a Changing America
Morris Dees, Southern Poverty Law Center
Gather new insights about hate crimes, intolerance, and social justice from a lawyer who has won multi-million-dollar settlements against opponents like the Klan and the Aryan Nations. Legendary civil rights lawyer Morris Dees will speak for tolerance and against prejudice as he reviews America’s commitment to “justice for all” as the nation becomes more diverse and economic disparity widens.
|10:00 - 10:20 a.m.||Refreshment Break – Legal Expo|
|10:20 - 11:10 a.m.||Breakout Session - A Programs||1.0|
What's Happening in Wisconsin Circuit Courts? - Panel Discussion
Hon. Jane V. Carroll, Milwaukee County; Hon. Richard G. Niess, Dane County; John Voelker, Director of State Courts; Hon. Donald Zuidmulder, Chief Judge, Eighth Judicial District
Hear judges from three different counties discuss what they are seeing in their courtrooms in terms of pro se representation, the number and kinds of trials, the intensity and frequency of Daubert hearings, the impact of budget constraints on the courts’ functioning, the use of technology in the courtroom, and the pros and cons of filing summary judgment motions. Obtain statistical information from the Clerk of Courts about cases being filed in Wisconsin circuit courts.
Appellate Developments in Criminal Law
Kathryn A. Keppel, Gimbel, Riley, Guerin & Brown LLP; Marguerite M. Moeller, Wisconsin Department of Justice
Tired of attending general appellate practice seminars that have little or no application to your criminal law practice? Come to a seminar just for you and hear about the latest and greatest things that could affect your criminal appeals.
|11:20 a.m. - 12:10 p.m.||Breakout Session - B Programs||1.0|
Appellate Judges Panel
Hon. Brian Blanchard, Wisconsin Court of Appeals District IV; Justice N. Patrick Crooks, Wisconsin Supreme Court; Hon. Joan F. Kessler, Wisconsin Court of Appeals District I
A distinguished panel of experienced, knowledgeable judges discuss which appellate counsel approaches are persuasive, are not persuasive, and are potentially harmful in briefs and oral argument, including best practice tips and pet peeves. An invaluable look inside Wisconsin's appellate courts!
Retooling the Milwaukee County Family Mediation Service
Hon. Michael J. Dwyer, Milwaukee County Circuit Court
In 2009, Judge Michael Dwyer initiated a major effort to improve the family mediation program in Milwaukee County. He called on mediators, family law practitioners, social science practitioners, and experts in mediation design to find better ways to match the resources with the need. There was consensus that custody and placement cases are best resolved by agreement of the parties, and Milwaukee County was found to have an abundance of highly trained and skilled mediators. Come and learn about the new and improved service, and how you can serve your clients engaged in family disputes as a mediator, or help improve your county’s family mediation service.
|12:10 - 1:30 p.m.||
Optional Paid Luncheon and CLE Presentation* (Ticketed Event)
Luncheon Keynote Speaker: Divided Wisconsin: What Unites and Divides the Citizens of the State?
Charles Franklin, Director of the Marquette Law School Poll in 2012, and Professor of Political Science at UW-Madison
Learn how elections turn on both who votes and which candidate they prefer, and that public opinion is an amalgam of differences due to values, ideology, religious practice, age, sex, region and partisanship. This presentation illustrates how we differ from each other and how those differences translate into electoral choices.
* To attend the luncheon and earn 1.0 credit, attendees must indicate the "including optional CLE luncheon" selection when registering for the Institute.
|1:40 - 2:30 p.m.||Breakout Session - C Programs||1.0|
Is There a Place for Mediation in Politics and Public Policy?
Howard S. Bellman, Howard S. Bellman Mediation & Arbitration
Howard Bellman has been practicing as a mediator for nearly 50 years, often in the political/public policy arena around the United States and abroad. His answer to this question is a confident "yes." His presentation will include examples from Wisconsin and elsewhere, and he will explain why these disputes and negotiations are so amenable to mediation.
Ethical Issues in Mediation (1.0 EPR)
Michael P. Crooks, Peterson, Johnson & Murray, S.C.; Marie A. Stanton, Hurley, Burish & Stanton, S.C.
Hear from two well-respected mediators about ethical issues they have faced in mediating personal injury cases. For example, if the mediator sees that one of the attorneys has missed a key issue, can or should the mediator disclose that information?
|2:30 - 2:50 p.m.||Refreshment Break – Legal Expo|
|2:50 - 3:40 p.m.||Breakout Session - D Programs||1.0|
Introduction to ERISA's Remedial Scheme: A Primer on ERISA Claims
William E. Parsons IV, Hawks Quindel, S.C.; Todd G. Smith, Godfrey & Kahn, S.C.
A panel of experienced ERISA practitioners will provide an overview of the remedies available under this complex federal statute. They'll discuss the types of claims that may be brought, the relief that can be obtained, and the important rules that you will not find written anywhere in the statute. This program is a must whether you occasionally run into ERISA issues or are an experienced practitioner desiring a helpful review.
The Collateral Source Rule: Is the Fight Over?
Jesse B. Blocher, Habush, Habush & Rottier, S.C.; Arthur P. Simpson, Simpson & Deardorff, S.C.
A discussion of the philosophical underpinnings of the collateral source rule, the Wisconsin Supreme Court's decisions in Orlowski v. State Farm, 2012 WI 21, and Leitinger v. DBart, Inc., 2007 WI 84, and whether there is anything still left to fight about. The panelists will also discuss how a plaintiff proves up medical charges, and how a defendant can challenge their reasonableness.
|3:50 - 4:40 p.m.||Breakout Session - E Programs||1.0|
Mediating with the Party Who 'Wants His Day in Court'
James R. Cole, Quarles & Brady LLP; Michael D. Rust, Winnebago Conflict Resolution Center Inc.
Whether it's "The law is clearly on our side," or "It's the principle of the thing," or "I just want to see the judge," clients with these expectations can be difficult but not impossible to work with in mediation. Two experienced mediators will share experiences and strategies for dealing with clients who "want their day in court" from small claims to multi-million dollar disputes.
Medicare Secondary Payer Act Developments
Christine Hummel; Hummel Consultation Services
This presentation will provide a review of reporting requirements, Medicare set-asides, and third-party liability under the Medicare as Secondary Payer Act and Section 111. Counsel should be aware of the many steps to take during settlement to minimize the risks of Medicare Secondary Payer Act liability, and to comply with Section 111 of MMSEA. Also discussed will be the SMART Act, designed to streamline enforcement of the Medicare Secondary Payment program and signed into law on January 10, 2013.
|4:45 - 6:00 p.m.||Attendee Reception – Legal Expo|
Programs that will be offered as Webcast Replays.
|7:45 - 8:30 a.m.||Registration & Continental Breakfast
Sponsored by Hupy and Abraham S.C.
|8:30 - 9:20 a.m.||Breakout Session - F Programs||1.0|
Getting Expert Testimony for Personal Injury Cases: Can We Stop the Madness?
Terry E. Johnson, Peterson, Johnson & Murray, S.C.; Lynn R. Laufenberg, Laufenberg, Stombaugh & Jassak, S.C.
This should be a lively discussion of problems affecting lawyers on both sides of personal injury cases, including:
Developments in Class Actions
Michael D. Leffel, Foley & Lardner LLP
Recent court decisions are changing the landscape for pursuing class action suits in ways affecting both plaintiffs and defendants. These decisions raise new issues for the trial lawyer and the appellate practitioner alike. Come for the latest updates in this ever-changing area of the law.
|9:30 - 10:20 a.m.||Breakout Session - G Programs||1.0|
Enhanced Injury Claims: An Overview
Quentin F. Shafer, Peterson, Johnson & Murray, S.C.
This presentation will provide a general overview of the nuts and bolts of enhanced injury claims and discussion of the seminal cases on enhanced injury claims, as well as offer practice tips on how to pursue and defend such claims.
Nursing Home Litigation: Recent Legislative Changes and Other Developments
Kelly L. Centofanti, Centofanti Law, S.C.
Learn whether recent actions by the Wisconsin Legislature have had a significant impact on pending or new nursing home negligence cases. Gain insights concerning the growth of nursing home negligence claims in recent years.
|10:20 - 10:35 a.m.||Refreshment Break – Legal Expo|
|10:35 - 11:25 a.m.||Breakout Session - H Programs||1.0|
What's New in Bad Faith Litigation?
Robert J. Kasieta, Kasieta Legal Group LLC; Monte E. Weiss, Weiss Law Office, S.C.
Recent cases have changed the pleading requirements for first-party bad faith claims, and extended the tort of bad faith, in some circumstances, to insureds with high-deductible policies. The panelists will survey the current state of bad faith law in Wisconsin and provide tips on how best to litigate these cases.
Deposition Techniques for New (and Old) Lawyers
Kara M. Burgos, Moen Sheehan Meyer Ltd.; Andrew B. Hebl, Boardman & Clark LLP; Eric J. Ryberg, Habush, Habush & Rottier, S.C.
A panel of up-and-coming lawyers will address questions like these:
|11:35 - 12:25 p.m.||Breakout Session - I Program||1.0|
Ethical Issues for Appellate Lawyers Dealing with Trial Counsel (1.0 EPR)
Anne B. Kearney, Appellate Consulting Group
You and the trial lawyer are supposed to both have the same client's best interests at heart, but a host of critical issues can arise: getting the record, ineffective or blatantly incompetent trial counsel, protecting referral sources while being true to the client, discovering deception by trial counsel, and myriad others. This seminar suggests how to deal with such issues consistent with ethical rules and best practices.