Program Chair and Presenter:
Michael J. Cohen
Meissner Tierney Fisher & Nichols, S.C.
Milwaukee
Presenters:
Christopher P. Banaszak
Reinhart Boerner Van Deuren, S.C.
Milwaukee
Daniel J. Blinka
Godfrey & Kahn, S.C.
Milwaukee
Robert B. Corris
Robert B. Corris, S.C.
Hartland
Russell J. Genet
Longford Capital Management LP
Chicago, IL
Timothy M. Hansen
Hansen Reynolds LLC
Milwaukee
Dean P. Laing
O'Neil, Cannon, Hollman, DeJong & Laing, S.C.
Milwaukee
Ann M. Maher
Husch Blackwell LLP
Milwaukee
Brian R. Smigelski
DeWitt LLP - Metro Milwaukee Office
Brookfield
David J. Turek
Gass Weber Mullins LLC
Milwaukee
Zachary R. Willenbrink
Godfrey & Kahn, S.C.
Milwaukee
8:00 a.m. : Registration
8:30 a.m. : Litigation Bingo – Piercing the Corporate Veil and the Single Business Enterprise Theory
- Alter Ego
- Single Business Enterprise Theory
- Reverse Veil Piercing
- Insurance Coverage Issues
Michael J. Cohen
9:15 a.m. : Koss v. Park Bank and the Uniform Fiduciaries Act
- Koss overview
- The law on the UFA in other jurisdictions
- The proceedings in the lower courts in Koss
- The Wisconsin Supreme Court’s decision
Dean P. Laing
10:00 a.m. : Break
10:15 a.m. : Trade Secrets Overview and Update
- Role of a trade secrets claim in conjunction with a traditional contract claim
- Procedural steps for asserting and defending trade secret claims
- Different theories for pursing misappropriation claims
- Applicable Wisconsin and federal court cases
David J. Turek
11:00 a.m. : Breach of Fiduciary Duty Claims between Members of an LLC
- Marx v. Morris confirms standing of limited liability company member to directly sue another member and the potential for a breach of fiduciary duty claim.
- Effect of Chapter 183 on breach of fiduciary duty claim
- Effect of Operating Agreement on breach of fiduciary duty claim
- Factors to consider in determining whether fiduciary duty applies to a member of a limited liability company
Brian R. Smigelski
11:45 a.m. : Lunch
12:45 p.m. : Wisconsin Fair Dealership Law
- Who it protects
- How it protects
- Limitations on Protection
- Significant Wisconsin/Seventh Circuit cases
Robert B. Corris
1:30 p.m. : Strategic Use of Data and Forensics in Litigation
- Securing data through adequate safeguards and contracts
- Keeping data secure through litigation and injunctions
- Improving e-discovery through forensic analysis and proportionality arguments
Christopher P. Banaszak
2:15 p.m. : Deals Gone Wrong, Litigating Post-Closing Claims
- Typical Claims – for indemnification
o Fraud, Breach of Contract (Material Adverse Effect or Material Adverse Change)
- Fraud Carve Outs in Delaware and Wisconsin
- No reliance clauses in Delaware and Wisconsin
- Strategies for Plaintiffs
o How to survive a motion to dismiss
- Strategies for Defendants
- Drafting points, including forum selection – tying into litigation strategies
o For Sellers
o For Buyers
Daniel J. Blinka, Zachary R. Willenbrink
3:00 p.m. : Break
3:15 p.m. : When the Corporation Talks: Effective Use of Corporate Designee Depositions
- Use and scope of the 30(b)(6) or 804.05(2)(e) notice
- Preserving objections to the notice
- Handling questions outside the scope of the notice
- Designating and adequately preparing the corporate designee
- Proportionality and possible cost shifting
Ann M. Maher
4:00 p.m. : History, Practice and Ethics of Litigation Finance.
- History of third party funding of legal disputes (champerty, barratry, maintenance)
- Early ethical prohibitions on the practice
- Modern trends
- Common litigation finance arrangements and related ethical considerations
- Wisconsin's litigation finance disclosure rules
Russell J. Genet, Timothy M. Hansen
4:50 p.m. : Program Concludes
Following program start times, webcast replay schedule will vary slightly from above listed times.
- Expand your arsenal of legal tactics to assign liability
- Command a strong response to your next FRCP 30(b)(6) discovery request
- Identify the duties of a fiduciary in corporate and LLC settings
- Gain an overview of Wisconsin Fair Dealership Law
- Understand trade secret law as applied in Wisconsin and federal courts
- Discuss the latest hot topics involving e-discovery and proportionality
- Address tough ethical situations involving litigation finance
- In-house counsel
- Corporate attorneys
- Business lawyers who advise corporate clients
- Litigation attorneys
- Insurance lawyers
- Employment attorneys
Book Sale – Save 20%!
Business Litigation and Dispute Resolution in Wisconsin
Save 20% on Business Litigation and Dispute Resolution in Wisconsin .* Plus, all seminar attendees receive a free two-week trial of the Books UnBound® version. Provide corporate clients with solid advice on the rules, regulations, and risks they face in their day-to-day operations and business relationships.
Use discount code CA2933 when you order online or by calling (800) 728-7788.
*Discount applies to both print and digital Books UnBound® editions of this title and cannot be applied to previous purchases. Offer valid as long as CLE credit is available for this program. For Books UnBound users, discount may be applied to purchase of individual Books UnBound title only and may not be used on purchase of full library.