PINNACLE - Litigation, Dispute Resolution and Appellate Practice Institute - May 16-17, 2013 - Pfister Hotel in Milwaukee

Imagine ... a year's worth of professional networking and practice-building CLE in a day and a half!

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.

Create Your Own CLE Program

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:

  • Mediation in Politics and Public Policy
  • Getting Expert Testimony for Personal Injury Cases
  • Medicare Secondary Payer Act Developments
  • Enhanced Injury Claims: An Overview
  • Ethical Issues for Appellate Lawyers Dealing with Trial

Special Guest Speakers

There will be keynote presentations Thursday morning and noon, each worth CLE credits:

View from the Bench

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.

Social Events

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.

Continental Breakfasts

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.

  • Thursday, May 16, 7:45 – 8:30 a.m.
  • Friday, May 17, 7:45 – 8:30 a.m.

Morning and Afternoon Breaks

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.

Optional Luncheon and CLE Presentation (ticketed event)

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.

Legal Expo

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.

Attendee Reception

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.

Registration Closed


 
State Bar of Wisconsin Member $379
Emeritus State Bar Member $189.50
Law Student Associate $0
Ultimate Pass Gold Subscriber $0
Ultimate Pass Silver Subscriber $189.50
Nonmember $479

* Prices do not include $20 Optional CLE Luncheon

Earn up to 11.5 CLE and 2.0 EPR credits

YouTube Facebook Twitter

Keynote Speaker

Dees

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

We're at The Pfister

The venue for this year's Litigation, Dispute Resolution, and Appellate Practice Institute is Milwaukee's most elegant hotel, The Pfister.

View Full Schedule

 

Keynote Session, May 16, 8:30 – 10:00 a.m. (1.5 CLE)

With Justice for All in a Changing America

Morris Dees, Southern Poverty Law Center

Morris DeesFamed civil rights lawyer Morris Dees, founder of the legendary Southern Poverty Law Center (SPLC), will speak at the keynote session of the 2013 Litigation, Dispute Resolution, and Appellate Practice Institute. An Alabama native, Dees has devoted his life to fighting prejudice and intolerance. Some of his victories against hate groups include:

  • $6 million judgment that bankrupted the Aryan Nations
  • $12.5 million jury verdict against the California-based White Aryan Resistance for the death of a black student
  • $26 million verdict against the Carolina Klan for burning black churches

A member of the Trial Lawyers' Hall of Fame, Dees believes that it's important to teach tolerance in the classroom as well as fight hate in the courtroom. Toward that end, the Center distributes Teaching Tolerance magazine to over 400,000 teachers.

At the Institute, Dees will address how our commitment to "justice for all" will determine our nation's success as America becomes more diverse and economic disparity widens. He will reflect on how and why he became an attorney and founded the SPLC, and talk about some of SPLC's more prominent cases and some of its new work. Dees will also touch on hate crimes and the need to teach tolerance, love and respect for one another.

Optional luncheon keynote speaker, May 16, 12:40 – 1:30 p.m. (1.0 CLE)

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

Charles Franklin, director of the Marquette Law School Poll in 2012, and professor of political science at UW-Madison, provides details on the dividing lines in public opinion and politics based on over 15,000 interviews with Wisconsin voters. This presentation illustrates how we differ from each other and how those differences translate into electoral choices.

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. Voters differ as well in their proclivity to participate in elections and in their partisan attachments.

PLEASE NOTE: To attend the luncheon and 1.0 credit presentation, attendees must indicate the “including optional CLE luncheon” selection when registering for the institute.

New Location — 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.

Elegant Accommodations

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.

Be Well. Feel Well. Spa Well.

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).

Registration Closed
 

Thursday Schedule

camera Programs that will be offered as Webcast Replays.

Time Schedule Credits
7:45 - 8:30 a.m. Registration
Continental Breakfast – Legal Expo
Sponsored by Hupy and Abraham S.C.
8:30 - 10:00 a.m. camera

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.

1.5
10:00 - 10:20 a.m. Refreshment Break – Legal Expo
10:20 - 11:10 a.m. Breakout Session - A Programs 1.0
camera

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
camera

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.

1.0
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.

camera

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
camera

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
camera

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


Friday Schedule

camera Programs that will be offered as Webcast Replays.

Time Schedule Credits
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
camera

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:

  1. the assertion of the Alt privilege and its impact on getting doctors to testify
  2. the skyrocketing charges doctors are imposing for their deposition time
  3. the hounding of IME doctors for private financial information

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.

camera

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
camera

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:

  1. Should the deposition of a personal injury plaintiff be used as an opportunity to educate the plaintiff about the limitations of her claim?
  2. What are the pros and cons of deposing treating doctors in personal injury cases?
  3. How do you make sure the deposition gives you the information you need for a contemplated summary judgment motion?
11:35 - 12:25 p.m. Breakout Session - I Program 1.0
camera

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.

Frequently Asked Questions

Who should attend an Institute?

PINNACLE Institutes bring together lawyers, legal staff, and legal vendors for multiple days of learning and networking. These events offer in-depth CLE programming for flexible learning opportunities, social activities, and in the case of the Litigation, Dispute Resolution and Appellate Practice Institute, an expo hall that will allow attendees to explore exhibitors' products and services that will help them in their practices.

What are Institutes?

Now in their third year, PINNACLE Institutes are produced by PINNACLE (the State Bar of Wisconsin's CLE department) with special cooperation from sections of the State Bar, and are hosted by the State Bar of Wisconsin.

The Institutes are designed to be places for practitioners to spend time networking, meeting and listening to experts in their fields, and to check out exhibitors of products and services that can help them in their law practices.

Upcoming Institutes

What's included in my registration fees?

Your Litigation, Dispute Resolution and Appellate Practice Institute registration includes access to the Expo Hall, CLE sessions, breaks, keynote speakers (Thursday Keynote attendees are required to "include optional CLE luncheon" for $20.00), continental breakfasts on Thursday and Friday, attendee reception, and the chance for entry into prize drawings. Registration also includes Institute course materials on a flash drive.

Bonus Replay Opportunities!

video cameraAs a special bonus, registrants will have the opportunity to watch future webcasts of selected programs that will be recorded at the Institute – for additional credits at no extra charge!

Registration Details

Ultimate PassState Bar of Wisconsin PINNACLE Ultimate Pass Gold holders will not be charged any tuition to attend the Litigation, Dispute Resolution and Appellate Practice Institute. Single-day tuition options are not available for this event. Ultimate Pass Silver holders receive half off of tuition (see tuition box). A fee of $20.00 is required for the ticketed luncheon for both Upass Gold and Silver holders.

ALL attendees must register for the Institute and have a name badge to access CLE sessions, meals, continental breakfasts, receptions, and the Expo Hall. There are no exceptions to this rule. Pre-registration is available until May 14, 2013. There will be on-site registration including the optional CLE luncheon based on availability.

Pre-registration rates for the Institute:

Rates below are for the Institute.

Tuition Table

How do I register?

Pre-registration is open until Tuesday, May 14, 2013 at 5:00 p.m. After that time all registrations must be done on site at The Pfister in Milwaukee.

About CLE Credit:

The Institute will be submitted for CLE credits to the Wisconsin Board of Bar Examiners. For applicable programs, Ethics/Professional Responsibility (EPR) credits also will be submitted for approval. Only individuals registering as State Bar of Wisconsin members will be recorded for CLE credits. Please note: We will not be applying for Minnesota or Illinois CLE for these events; however, attendees can self-report. Attendance verification forms will ONLY be completed onsite at each individual session.

What will I receive for Institute Materials?

Registrants will have access to course materials before the Institute in a downloadable format at wisbar.org. Course materials will also be distributed via flash drive to all attendees at the event. Thank you to our flash drive sponsors Johnson Bank and Johnson Insurance.

Flash Drive  Johnson Bank  Johnson Insurance

What is the cancellation policy?

Registration cancellations received by 4:30 p.m. CT on Thursday, May 9, 2013 will receive a full registration fee refund. We're sorry, no refunds will be granted after that date. However, you may transfer the full value of your registration to another person's registration for this event. If for any reason, you do not attend and have not requested a refund by the deadline date, you will receive the course materials. No refunds will be issued for any missed sessions or events, including sessions missed due to travel delays or cancellations.

Take advantage of special Institute rates at The Pfister Hotel!

A limited number of rooms have been reserved for Institute attendees. Be sure to reserve your rooms early to ensure you receive these outstanding rates!

Reservation Deadline: April 24, 2013

To make your reservation: (800) 472-4403

Room rates: $189 per night plus tax for Wednesday through Friday (5/15-17, 2013)

The Pfister
424 East Wisconsin Ave.
Milwaukee, WI 53202
Reservations: (800) 472-4403
Fax: (414) 273-5025
www.thepfisterhotel.com

Additional Attendee Information:

Attire: Comfortable, casual clothing is appropriate for this event.

Registration and cancellations:
State Bar of Wisconsin Customer Service, (800) 728-7788

Contact Information

Speakers / Program

Sue Faust
State Bar of Wisconsin - PINNACLE
(608) 250-6164

Tim Clark
State Bar of Wisconsin - PINNACLE
(608) 250-6110

Vendors / Sponsors

Karen Richter
State Bar of Wisconsin
(800) 444-9404, ext. 6132 or (608) 250-6132

CLE Credits

Toni Wood
State Bar of Wisconsin - PINNACLE
(608) 250-6142

Business Meetings

Donna Kinney
State Bar of Wisconsin
(608) 250-6108

 

By attending this State Bar event, you understand and agree that you may be photographed and/or electronically recorded during the event and you hereby grant to the State Bar the right to use and distribute your name and likeness for promotional or educational purposes without monetary compensation. The State Bar assumes no liability for such use.