Michael J. Cohen
Meissner Tierney Fisher & Nichols, S.C. · Milwaukee
Schedule
8:30 am
Select Procedural Issues
Robert S. Driscoll, Caleb R. Gerbitz, Benjamin R. Prinsen, David J. Turek, Panel discussion with All Faculty
- Service of Process
- Removal to Federal Court
- Remand to State Court
- Mandatory Party Conference under Wis. Stat. § 804.01(2)1r prior to serving formal discovery requests
- Experts
9:20 am
Select Issues in Arbitration
Michael J. Cohen, Robert B. Corris, Panel discussion with All Faculty
- Recent cases
- AI issues in arbitration
- Unusual legal and practical issues
- Enforceability of arbitration agreements
10:10 am
Break
10:25 am
Boundary and Property Line Disputes and Privacy Claims – Where is the Line Crossed?
Matthew W. O’Neill, Adam E. Witkov, Panel discussion with All Faculty
- Unclear or outdated surveys
- Encroachments
- Easements, rights of way and access conflicts
- Adverse possession claims
- Invasion of Privacy Claims under Wis. Stat. § 995.50
11:15 am
Select Issues in Receiverships
Benjamin R. Prinsen
- Receivership basics: Who can file for (or force) a receivership and how?
- The meaning of insolvency in the receivership context
- Wisconsin’s public policy on equal distribution of assets and its effect on contracts with creditors
- Creditor rights and recovering preferential payments
11:35 am
Select Issues in Judicial Dissolution Claims
Anthony S. Baish, Dean P. Laing, Panel discussion with All Faculty
- Deadlock
- Illegal, oppressive or fraudulent acts
- Wasted or misapplied assets
- Creditor claims and going concerns
12:05 pm
Lunch (on your own)
12:45 pm
Break
1:05 pm
Generative AI in Practice: Ethical Landmines for Wisconsin Lawyers and Their Clients
Erik K. Eisenmann, Ann M. Maher, Christa Wittenberg
- Duties triggered by client use of generative AI
- Duty of competence (SCR 20:1.1) as applied to advising clients who use AI tools — do lawyers need to understand how the client's AI system ingests, stores, and outputs data?
- Duty of confidentiality (SCR 20:1.6) when client data is fed into third-party AI platforms — vendor terms of service, data retention, and training-data risk
- Practical guardrails: engagement letters and internal policies addressing client AI use, escalation triggers for "difficult counsel" disputes over AI-generated discovery or filings
- Use in litigation matters
- Waiver of attorney-client privilege and confidentiality — inadvertent disclosure through AI drafting tools, and whether privilege review protocols address AI-assisted work product
- Client second-guessing and heightened malpractice risk — clients using AI to challenge counsel's advice or strategy, and documentation practices to mitigate exposure
- Candor to the tribunal (SCR 20:3.3) — citation-checking obligations for AI-drafted briefs, sanctions trend lines for fabricated case citations
- Emerging Wisconsin and Seventh Circuit standing orders or local rules on AI disclosure in court filings
1:45 pm
Ethical Issues in dealing with obstreperous counsel during depositions
Matthew M. Fernholz
- Contact with the court
- Preserving the record
- Availability of sanctions
1:55 pm
Enforceability of Contract Limitations-I thought we had an agreement?
Ann M. Maher, Adam E. Witkov, Christa Wittenberg, Panel discussion with All Faculty
- Liquidated Damages
- Damage Caps
- Fraud
- Willful Misconduct and Tort Claims
- Vague and Ambiguous Drafting
3:00 pm
Litigation Potpourri – Select Issues and quick hitters
Robert S. Driscoll, Erik K. Eisenmann, Dean P. Laing, Christa Wittenberg, Panel discussion with All Faculty
- Impact of Trump Administration Enforcement Priorities on Employment Law
- Website Accessibility Claims
- Mock Juries/jury consultants/jury expectations
- Use of visual materials at trial
3:50 pm
Commercial Litigation Trends in Wisconsin’s Appellate Courts
Caleb R. Gerbitz, Robert S. Driscoll Panel discussion with All Faculty
- Catch up on the latest developments in the Seventh Circuit, Wisconsin Supreme Court, and Court of Appeals, including new judges, shifting caseloads, and the Supreme Court's revised oral-argument procedures
- Understand the Court of Appeals' latest take on the "sham affidavit" rule and its practical implications for summary judgment and deposition strategy
- Brush up on the year’s procedural developments, including when to seek interlocutory review, the implications of misnaming a defendant, and timely serve after filing an amended complaint