PINNACLE - Real Estate & Business Law Institute - June 13-14, 2013 - Marriott West, Madison, Wisconsin (In conjunction with the Annual Meeting)

Expect a lot from the 3rd annual Real Estate and Business Law Institute

Whether you're looking to sharpen your skills or expand your practice into real estate law or business law, expect to gain a lot from the PINNACLE® Real Estate and Business Law Institute—designed to give you maximum value.

Expect to learn

With CLE sessions beginning Thursday, June 13 and ending Friday, June 14, the Real Estate and Business Law Institute offers you a choice of more than 20 breakout sessions from basic to complex, covering substantive law, "how to" tips, technology-related issues, ethics, and other hot topics including:

  • Securities Licensing and Compliance Issues for Attorneys
  • Close a Door, Open a Window: The Good and the Bad in the New Landlord Tenant Laws
  • Special Problems in Foreclosing Condominiums

Also plenaries:

  • iPad for Lawyers — the Bar's practice management guru, Nerino Petro, shows what tablet technology can do for productivity
  • The Bonehead Play — At Thursday's lunch plenary, a law professor explores sportsmanship ethics as a model for a legal practice

Expect special events

Patrick J. FiedlerShirley S. AbrahamsonYou'll have the opportunity to witness Patrick J. Fiedler being sworn in as the 58th State Bar president on Wednesday, June 12, at 4:00 p.m. with the swearing-in reception. Wisconsin Supreme Court Chief Justice Shirley S. Abrahamson will address the guests and administer the oath of office. President-elect Fielder will address issues affecting the State Bar and the legal profession in the coming year. The ceremony will begin at 5:00 p.m. Then stick around to toast President Fiedler at the reception that runs until 7:00 p.m. while the Dave Stoler Trio plays.

Expect to network

By concentrating on real estate and business law, the Institute will put you elbow-to-elbow with your colleagues and fellow practitioners. That way, you can make the most of your networking opportunities before, during, and after Institute events and sessions.

Legal Expo

Visit the Legal Expo 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 a 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.

Expect a convenient stay

The Madison Marriott West is known for its breathtaking interior architecture and businesslike atmosphere. Make sure you beat the May 21 reservation deadline. The special Institute room rate is $114 per night (plus tax) for Tuesday through Saturday (6/11-15/2013).

Visit the Marriott West website or call 888-745-2032 to make your reservation.

Register today!

You can visit and register online, or call Customer Service at (800) 728-7788 and reserve your spot at the Institute today. They'll also be happy to answer any questions you have about the event.

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 13.0 CLE and 3.0 EPR credits

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Location & Lodging

Marriott West Madison

Marriott Madison West
1313 John Q Hammons Drive
Middleton, WI 53562
Visit the Marriott West website
To make your reservation: 888-745-2032

Special Institute rate is available until Tuesday, May 21st


First American Title Insurance Company
Info-Pro Forms
Professional Insurance Programs

AppearBy, LLC
Attorneys' Title Guaranty Fund
Bultman Financial Services
Wisconsin Society of Land Surveyors

Become an Exhibitor or Sponsor

Thursday Schedule

camera Programs that will be offered as webcast replays

7:30 a.m. - 4:30 p.m. Registration  
7:30 - 8:30 a.m.

Pre-Institute Plenary: Legal Research Using FastCase and Books Unbound (PPT)

Speaker: Kristin M. Huotari, State Bar of Wisconsin

Learn how to effectively and efficiently utilize Fastcase® and Books Unbound® in your due diligence research. Fastcase offers (as a State Bar of Wisconsin member benefit) unlimited online legal research through its comprehensive 50-state and federal case law database. The database includes coverage of the federal appellate courts, bankruptcy courts, the U.S. Supreme Court as well as Wisconsin statutes, administrative code, and case law. PINNACLE Books UnBound is an interactive online library of secondary law which contains links to primary law via Fastcase.

8:00 - 9:00 a.m. Continental Breakfast in Exhibit Area  
8:45 - 10:15 a.m.

Opening Plenary: iPad Basics for Wisconsin Lawyers

Speaker: Nerino J. Petro, State Bar of Wisconsin

So you bought an iPad (and if you haven't, you might be thinking about it) … now what? Apple's iPad is taking the legal world by storm. Lawyers are using the iPad to lighten their load and become more mobile. Bring your iPad to this fast‑paced, hands‑on session and learn how you can start using it in your daily workflow. Some of the topics to be covered include:

  • Introduction – why the iPad is so popular and how lawyers are using it
  • Learn your way around the iPad
  • Security settings
  • Find my iPad and iCloud
  • Using the iPad for email, contacts, and calendars
  • Getting and deleting apps
  • Working with documents and iCloud storage
  • Taking notes on your iPad
  • Using Fastcase for legal research
  • Must-have iPad apps and accessories for lawyers

* If attending both plenary sessions you can earn an additional 0.5 CLE credit.

10:15 - 10:45 a.m. Break – Refreshments in Exhibit Area  
10:45 - 11:45 a.m. Breakout Session 1 Programs 1.0

Upcoming Changes in Wisconsin Partnership Law: The Revised Uniform Partnership Act

Thomas J. Nichols, Meissner Tierney Fisher & Nichols S.C.; Joseph D. Masterson, Quarles & Brady LLP; James N. Phillips, Godfrey & Kahn S.C.

To reflect the Revised Uniform Partnership Act, the State Bar's Business Law Section is working with the Wisconsin Legislature to update Wisconsin's partnership statutes. This panel will explore several aspects of how a revised Chapter 178 is likely to affect Wisconsin businesses and practitioners, including new rules relating to apparent authority, implied covenants-not-to-compete, rights upon dissociation, dissolution and limited liability partnerships. Procedural issues and transitional rules will also be discussed.

Damn That Angie and Her Little List Too: Bringing Claims Against Contractors

Carol E. Krigbaum, Krigbaum Law LLC

Bringing claims against contractors can be a convoluted process. It is not as simple as "find a breach and file." There are a lot of hoops and contingencies that if not followed correctly will severely limit your client's recovery. This session will offer a guide on how to proceed under Wis. Stat. Sec. 895.07.

11:45 a.m. - 1:00 p.m. camera Optional Paid Luncheon and CLE Presentation* (Ticketed Event)

Luncheon Keynote Speaker: The Bonehead Play
(1.0 EPR)

Mark D. Yochum, Duquesne University School of Law, Pittsburgh, PA

Without emotion, legal ethics compliance and professionalism will be at best weakly formal. Inspiration for a higher level of ethical performances can come from the rest of life. In this talk, Professor Yochum will explore the ethics of sportsmanship as a model for a legal practice. The title refers to the mistake Fred Merkle made in a storied baseball event of 1908, wherein the failure to attend to a simple rule led to professional disaster – and even death. The presentation will tell his story and provide guidance on how we should deal with errors in others and, inevitably, errors in ourselves. The American Bar Association Rules of Professional Conduct will be addressed, especially those rules born particularly of a concern for "zealous advocacy." Specifically, the seminar will discuss Rules of Professional Conduct 1.3 (Diligence), 1.6 (Confidentiality), 4.1 (Truthfulness to Others), 3.1 (Meritorious Claims), and 3.3 (Candor to the Tribunal).

* To attend the luncheon and earn 1.0 credit, attendees must indicate the "including optional CLE luncheon" section when registering for the Institute.

1:00 - 2:00 p.m. Breakout Session 2 Programs 1.0

The Revised Uniform Limited Liability Company Act: A Proposal for Wisconsin

Adam J. Tutaj and Joshua L. Cannon, Meissner Tierney Fisher & Nichols S.C.; Joseph W. Boucher, Neider & Boucher S.C.; Richard A. Latta, Michael Best & Friedrich, LLP; Prof. Nadelle Grossman, Marquette University Law School; Leslie M. Van Buskirk, Division of Securities

This panel session will feature members of the Business Law Section's Chapter 183 Subcommittee, which was tasked with considering revisions and updates to Chapter 183 of the Wisconsin Statutes – Wisconsin's Limited Liability Company Act. After a significant amount of research and analysis, the Subcommittee has proposed to amend and restate Chapter 183 to adopt the Revised Uniform Limited Liability Company Act (RULLCA) that was approved and recommended for enactment in all states by the National Conference of Commissioners on Uniform State Law – but with certain modifications intended to preserve what the Subcommittee believes are important, long-standing policy judgments reflected in the current Chapter 183, and related practical considerations. Stay at the cutting edge of LLC law and practice with this informative introduction to RULLCA and numerous Wisconsin-specific proposals on the horizon.

Historic Preservation Designations: Tax Credits and Incentives

Jennifer N. Davel, Wisconsin Historical Society

Obtaining historic preservation status can come with good incentives. Attend this session to learn about how to apply and about positive tax benefits.

2:00 - 2:30 p.m. Break – Refreshments in Exhibit Area  
2:30 - 3:30 p.m. Breakout Session 3 Programs 1.0

Governance Issues in Limited Liability Companies

Joseph W. Boucher, Neider & Boucher

If the LLC has a board does this make a difference? How so? What does it mean to be member managed? Who is in charge? If the entity has managers what does that mean? If there are multiple members is there a difference? These and other governance questions will be addressed.

Health Care Reform Legal Update and Potential Impacts

Todd M. Cleary, Godfrey & Kahn S.C.

Is your or your client's business subject to the employer mandate under the Affordable Health Care Act? If so, what penalties might apply if coverage is not provided? Find out at this session. Also covered will be a description of the new nondiscrimination-testing rules for non-grandfathered insured health plans, potential excise taxes for testing failures, new opportunities for wellness programs, and information on health insurance exchanges.

3:30 - 4:30 p.m. Breakout Session 4 Programs 1.0

Business Valuation: When to Use Various Methods

Kevin M. Zanni, Willamette Management Associates

Business valuation can be approached from many different angles and can get quite involved, leaving one to wonder: What is the best approach? This session will look at income based methods, asset based methods, and market based methods, and give insight on when each might be appropriate.


Measuring Loss Under a Title Insurance Policy

J. Bushnell Nielsen, Reinhart Boerner Van Deuren S.C.

This is not your ordinary title insurance talk. Did you know there were nine ways to resolve a covered claim? This session will get to the nitty-gritty details of how claims are handled and provide descriptions and analysis on all nine methods.

4:30 - 5:30 p.m. Attendee Reception  

(EPR): Programs with (EPR) have been submitted for EPR credits.

Registration Closed


Friday Schedule

camera Programs that will be offered as webcast replays

7:30 a.m. - 1:30 p.m. Registration  
7:30 a.m. - 8:30 a.m. Continental Breakfast  
8:00 - 9:00 a.m. Breakout Session 5 Programs 1.0

Licensing Issues for Finders in Securities Offerings, Solicitors for Investment Advisers, and Others Paid in Securities-Related Transactions: A Dialogue with the Wisconsin Securities Administrator

Randal J. Brotherhood, Meissner Tierney Fisher & Nichols, S.C.; Patricia D. Struck, Wisconsin Division of Securities

This give-and-take discussion between a private securities practitioner and the Wisconsin Securities Administrator will encompass professional registration and other regulatory considerations for "finders" in investment-related transactions, with a particular focus on persons who, for compensation, procure investors for securities offerings or solicit clients for investment advisers. Recent changes in the Wisconsin Uniform Securities Act and corresponding DFI regulations relating to registration of such persons will be highlighted. Also included will be a discussion of exemptions from licensing requirements, including exemptions applicable under certain circumstances for attorneys and other professionals. This is a commonly misunderstood area, not only for attorneys, but also for others involved in securities-related activities. The consequences of noncompliance can be severe, so this segment is a great opportunity to bolster your understanding of this area.


Close a Door, Open a Window: The Good and the Bad in the New Landlord Tenant Laws

Briane F. Pagel, Krekeler Strother S.C.

Recent changes in state laws governing landlords and tenants caused an outcry among tenant advocates but may not have sat as well with landlords in all cases, either. Learn how the landlord-tenant laws changed and how business owners, landlords, and tenants – as well as their advocates – can take advantage of these changes (or avoid being taken advantage of).

Foreign Corrupt Practices Act - What You Need to Know

Sergio E. Acosta, Hinshaw & Culbertson LLP; Tomislav Z. Kuzmanovic, Hinshaw & Culbertson LLP

What does the Foreign Corrupt Practices Act (FCPA) mean for a company's growing international business? For instance, did you know the FCPA prohibits payments to foreign officials to obtain or retain business overseas? Expanded enforcement of the FCPA by government regulators makes robust anti-corruption compliance policies even more important in today's global economy. Join our speakers who will provide an overview of the FCPA, discuss recent enforcement trends, highlight effective strategies for managing risk, and help you ensure your client's compliance program is consistent with the latest guidance from the Department of Justice and Securities and Exchange Commission.

9:00 - 10:00 a.m. Breakout Session 6 Programs 1.0

The Small Family Business: Starting Up

Luke J. Chiarelli, Mawicke & Goisman S.C.

Starting a family owned small business is an exciting time, and certain decisions made at start-up can be of utmost importance — such as choice of entity. This session will explore the options of entity choice, ownership, tax considerations, types of business, financing, leases, employees, and growth


How Aggrieved is Aggrieved? Liability for Mortgage Bankers, Brokers and Servicers Under Wisconsin's Chapter 224

Briane F. Pagel, Krekeler Strother S.C.

Who is regulated by Chapter 224, governing mortgage services? What damages and fees might be assessed against lenders and servicers? What types of activities lead to liability under Chapter 224? Answers to these questions and more will be discussed in this session.

Foreign Corrupt Practices Act - A Panel Discussion

Sergio E. Acosta and Tomislav Z. Kuzmanovic, Hinshaw & Culbertson LLP; John W. Vaudreuil, U.S. Attorneys Office; Michael Byrnes, Rockwell Automation, Inc.

Gain insights from our distinguished panel about what the Foreign Corrupt Practices Act (FCPA) means for a company's growing international business. For example, the FCPA prohibits payments to foreign officials to obtain or retain business overseas. Expanded enforcement of the FCPA by government regulators makes robust anti-corruption compliance policies even more important in today's global economy. Our panelists will provide an overview of the FCPA, discuss recent enforcement trends, highlight effective strategies for managing risk, and help you ensure your client's compliance program is consistent with the latest guidance from the Department of Justice and Securities and Exchange Commission.

10:00 - 10:30 a.m. Break – Refreshments in Exhibit Area  
10:30 - 11:30 a.m. Breakout Session 7 Programs 1.0

The Small Family Business: Breaking Up

Luke J. Chiarelli, Mawicke & Goisman S.C.

What happens when things go wrong in a small family business? This session will explore the options for resolving disputes in a family owned small business, including: informal dispute resolution, mediation, arbitration, bankruptcy, litigation, dissolution, and impact on lending relationships.

Foreign Theft of Trade Secrets: Protections and Remedies and John Wiley & Sons: Its Impact on US Merchants

Jane C. Schlicht and Michael T. Berger, Hinshaw & Culbertson LLP

The first part of this session will address theft of trade secrets in a global market. Businesses are increasingly at risk that their trade secrets will be misappropriated by employees or business associates and sold to foreign companies or governments or that foreign companies or governments will use other means to steal valuable trade secrets. What protections can be implemented? Who has jurisdiction? What laws apply? What, if any, remedies are available? The second half of this program will focus on the recent U.S. Supreme Court decision in John Wiley & Sons, Inc. What does this decision mean for Copyright owners that make and sell goods outside the United States? How will it affect merchants in the grey market? Find out at this intriguing session.

11:30 a.m. - 12:30 p.m. Lunch (on your own)  
12:30 - 1:30 p.m. Breakout Session 8 Programs 1.0

Relationships Among Law Firms: Of Counsel, Affiliations, and Office Sharing
(1.0 EPR)

Timothy J. Pierce, State Bar of Wisconsin

Many different office sharing and joint practice relationships are used to help lawyers engage in the representation of clients and assist in the sharing of expenses. This program will discuss the different types of relationships that can arise amongst lawyers, and the legal issues that need to be addressed when developing such relationships.

Special Problems in Foreclosing Condominiums

Norman D. Farnam, Stroud, Willink & Howard LLC

The condominium form of property ownership presents distinctive problems in foreclosures.  This session will focus on understanding competing interests of lenders, owners, condominium associations and declarants in the foreclosure process as well as the common – but often ignored –pitfalls that can be encountered in the foreclosure process.

1:30 - 2:30 p.m. Breakout Session 9 Programs 1.0

Perils of Collecting Fees
(1.0 EPR)

J. David Krekeler, Krekeler Strother S.C.; Timothy J. Pierce, State Bar of Wisconsin

Did you know that a lawyer collecting his or her fee is classified as a merchant under the Wisconsin Consumer Act? This session will discuss the interplay of Supreme Court Rules, the Wisconsin Consumer Act, and the Fair Debt Collection Act. Learn the steps to stay in compliance.


Real Estate Development Agreements

Douglas S. Buck, Foley & Lardner LLP

Real estate developments are complex transactions. Development Agreements between the developer and municipalities, sellers or other third parties are often a key component of these projects. This session will provide guidance on the issues related to the various forms of real estate development agreements, including municipal incentives, financing contingencies, governmental approval contingencies, and exit strategies.

2:30 p.m. Institute Concludes  

(EPR): Programs with (EPR) have been submitted for EPR credits.


Planning Committee

Randal J. Brotherhood
Meissner Tierney Fisher & Nichols S.C.

Thomas L. Frenn
Petrie & Stocking S.C.

Carol E. Krigbaum
Krigbaum Law LLC

Michael A. Marx
Mallery & Zimmerman S.C.

Joseph E. Tierney, IV
Davis & Kuelthau S.C.

C Judley Wyant
Wyant Law Offices S.C.

Tim Clark
PINNACLE Seminars Division Manager
The State Bar of Wisconsin

Registration Closed


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 Real Estate & Business Law 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 fee?

Your Real Estate & Business Law Institute registration includes access to the Exhibit Area, 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, the chance for entry into prize drawings. Registration also includes Institute course materials on a flash drive.

Bonus Replay Opportunities!

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 Pass

State Bar of Wisconsin PINNACLE Ultimate Pass Gold holders will not be charged any tuition to attend the Real Estate & Business Law 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 Legal Expo. There are no exceptions to this rule. Pre-registration is available until June 10, 2013. There will be on-site registration including the optional CLE luncheon based on availability.


Registration Rates

Tuition Rates


How do I register?

Pre-registration is open until Monday, June 10, 2013 at 5:00 p.m. After that time all registrations must be done on site at The Marriott West in Madison.

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 this event; 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 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, June 6, 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 fee 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 Marriott West!

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: May 21, 2013

To make your reservation: (888) 745-2032

Room rates: $114 per night plus tax for Tuesday through Saturday (6/11-15, 2013)

Madison Marriott West
1313 John Q Hammons Drive
Middleton, WI 53562

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

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.

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