Trending Topics in Business Litigation 2019

Product ID: CA2933L
Presented By: State Bar of Wisconsin PINNACLE

Get a handle on hot topics

Trending Topics in Business Litigation 2019 will ensure you're in-the-know about the hottest topics affecting business law and practice. Experienced faculty will provide overviews of the Uniform Fiduciary Act and the Fair Dealership Law, as well as share insights on how the latest legal developments and issues could impact your clients' business operations.

Creative claims

When who’s liable isn’t cut and dry, how do you hold others responsible for individual bad actors’ conduct? Explore clever ways attorneys are finding liability. Conceptualize how Enterprise Entity Theory can be used to pierce the corporate veil. Review the history of Koss Corp v. Park Bank and discuss the limited circumstances in which a bank may be found liable under the Uniform Fiduciary Act.

Plus, delve into the law of fiduciary duties and whether these principles exist in an LLC setting. Explore when the duty of loyalty may apply for managers and others without fiduciary duty.

Avoid FRCP 30(b)(6) traps

Who can a corporation designate to testify on its behalf? What do you do if there is no appropriate representative available? When—and should—you object to a deposition notice? Review the notice, selection, and preparation issues inherent in Federal Rule of Civil Procedure 30(b)(6). Learn tips for crafting a suitable notice that produces the information you are looking for.

Read More ↓

Select a Format

In-person seminar - Brookfield
Webcast seminar

Pricing

Member $229.00

Non-Member $309.00

Credits

8 CLE, 1 EPR

Date and Time

Thursday, December 05, 20198:30 AM - 4:50 PM CT

Add to Calendar 12/5/2019 8:30:00 AM 12/5/2019 4:50:00 PM America/Chicago Trending Topics in Business Litigation 2019

Get a handle on hot topics

Trending Topics in Business Litigation 2019 will ensure you're in-the-know about the hottest topics affecting business law and practice. Experienced faculty will provide overviews of the Uniform Fiduciary Act and the Fair Dealership Law, as well as share insights on how the latest legal developments and issues could impact your clients' business operations.

Creative claims

When who’s liable isn’t cut and dry, how do you hold others responsible for individual bad actors’ conduct? Explore clever ways attorneys are finding liability. Conceptualize how Enterprise Entity Theory can be used to pierce the corporate veil. Review the history of Koss Corp v. Park Bank and discuss the limited circumstances in which a bank may be found liable under the Uniform Fiduciary Act.

Plus, delve into the law of fiduciary duties and whether these principles exist in an LLC setting. Explore when the duty of loyalty may apply for managers and others without fiduciary duty.

Avoid FRCP 30(b)(6) traps

Who can a corporation designate to testify on its behalf? What do you do if there is no appropriate representative available? When—and should—you object to a deposition notice? Review the notice, selection, and preparation issues inherent in Federal Rule of Civil Procedure 30(b)(6). Learn tips for crafting a suitable notice that produces the information you are looking for.

375 S. Moorland Road Brookfield, WI alMYBcCwJzBnuVRvlmHo61032

Location

Sheraton Milwaukee Brookfield
375 S. Moorland Road
Brookfield, WI

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Get a handle on hot topics

Trending Topics in Business Litigation 2019 will ensure you're in-the-know about the hottest topics affecting business law and practice. Experienced faculty will provide overviews of the Uniform Fiduciary Act and the Fair Dealership Law, as well as share insights on how the latest legal developments and issues could impact your clients' business operations.

Creative claims

When who’s liable isn’t cut and dry, how do you hold others responsible for individual bad actors’ conduct? Explore clever ways attorneys are finding liability. Conceptualize how Enterprise Entity Theory can be used to pierce the corporate veil. Review the history of Koss Corp v. Park Bank and discuss the limited circumstances in which a bank may be found liable under the Uniform Fiduciary Act.

Plus, delve into the law of fiduciary duties and whether these principles exist in an LLC setting. Explore when the duty of loyalty may apply for managers and others without fiduciary duty.

Avoid FRCP 30(b)(6) traps

Who can a corporation designate to testify on its behalf? What do you do if there is no appropriate representative available? When—and should—you object to a deposition notice? Review the notice, selection, and preparation issues inherent in Federal Rule of Civil Procedure 30(b)(6). Learn tips for crafting a suitable notice that produces the information you are looking for.

Read More ↓

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

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. : Proportionality and e-Discovery in Business Litigation

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

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.

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