Program Chair and Presenter:

Michael J. Cohen
Meissner Tierney Fisher & Nichols, S.C.
Milwaukee

Presenters:

Robert B. Corris
Robert B. Corris, S.C.
Hartland

Donald A. Daugherty, Jr.
Godfrey & Kahn, S.C.
Milwaukee

Jeffrey O. Davis
Quarles & Brady LLP
Milwaukee

Thomas G. Halloran
Halloran Law Offices
Oconomowoc

Ann M. Maher
Husch Blackwell LLP
Milwaukee

Matthew W. O'Neill
Fox, O'Neill & Shannon, S.C.
Milwaukee

David J. Sisson
Reinhart Boerner Van Deuren, S.C.
Milwaukee

Matthew J. Stippich
Digital Intelligence
New Berlin

Margaret Utterback
Quarles & Brady LLP
Milwaukee

8:00 a.m. : Registration

8:30 a.m. : The Disappearance of Trials and the Emergence of ADR in Business Litigation

• The benefits of mediation – why does it work?
• A Mediator’s perspective – what does it take to successfully resolve a dispute?
• The pros and cons of Arbitration.
• Arbitration awards – enforcement and finality

Michael J. Cohen

9:20 a.m. : Criminal Liability for Theft of Trade Secrets

• Definition of trade secrets
• Civil Liability under the Uniform Trade Secrets Act (UTSA)
• Economic Espionage Act of 1996 (EEA): federal criminal liability
• Trade Secrets Clarification Act (TSCA): expands coverage of EEA
• Foreign and Economic Espionage Penalty Enhancement Act (FEEPEA): increased criminal penalties
• Differences between UTSA and EEA
• U.S. Department of Justice policies and practices
• Parallel proceedings

Thomas G. Halloran

10:10 a.m. : Break

10:25 a.m. : Developing Creative and Effective Damage Theories

• Combining theories to find true "make whole" remedies
• Grappling with intangible or difficult to calculate damages
• Realistically assessing punitive or exemplary damages
• Deciding what to do when the best evidence will not be available until after trial

David J. Sisson

11:15 a.m. : Non-solicitation Clauses: To Be or Not to Be Enforceable

• Update on The Manitowoc Company, Inc. v. Lanning
• Tea leaves reading from the oral argument
• Can employees solicit in the meantime without risk?
• Should companies stand pat and wait, or rewrite existing clauses?

Matthew W. O’Neill

11:40 a.m. : Update on Personal Jurisdiction in A Post-Daimler World

• Personal jurisdiction after Daimler, Goodyear, and other SCOTUS cases
• Effect of 2017 decisions from the US and Wisconsin Supreme Courts
• Practical considerations in asserting and contesting personal jurisdiction

Donald A. Daugherty, Jr.

12:05 p.m. : Lunch (on your own)

1:05 p.m. : Almost Enough to Make You Wannacry: Identifying the Risks, Handling Claims, and the Role of Insurance in Data Breach and Cyber Security

• What are the various forms of data breach claims and who is most vulnerable
• Advising clients on cyber risk avoidance
• What should you do when your client suffers a breach or faces a claim
• Insurance coverage under traditional policies
• New policies specific to cyber

Jeffrey O. Davis, Margaret Utterback

1:55 p.m. : Updates on E-Discovery in Small Business Litigation

• Litigation holds, preservation and protocols from the employee perspective
• Zubulake V updated
• Proportionality amendments to FRCP 26
• Cost-shifting under Zubulake I
• Zubulake I updated

Robert B. Corris

2:45 p.m. : Break

3:00 p.m. : Working with a Computer Forensic Consultant

• Preservation of digital evidence from computers, smartphones, and cloud
• Triage or early case assessment utilizing forensic analysis
• Leveraging metadata, deleted information and artifacts

Matthew J. Stippich, moderator
Panelists: All faculty

3:50 p.m. : Ethics Issues in the Digital Age

• Duty of competence in e-discovery
• Duty to make “reasonable inquiry” during discovery
• Ethics in advertising on the web
• Maintaining client confidences in “the cloud”
• Conducting discovery on social media

Ann M. Maher

4:40 p.m. : Program Concludes

• Learn the benefits of alternative dispute resolution and tips for successful mediation
• Uncover the details of criminal liability for trade secret theft
• Explore techniques for defining, assessing, and combining damages for the best possible remedies
• Receive an update on the possible future of non-solicitation clauses and their enforceability
• Learn the impact of 2017 state and federal Supreme Court decisions on personal jurisdiction
• Discover how you and your clients can avoid cyber risk and data breaches
• Gain greater insight into e-discovery from the employee perspective in small business litigation
• Hear from a computer forensic consultant on preserving digital evidence
• Explore the ethical challenges of practicing in the digital age

• In-house counsel
• Corporate attorneys
• Business lawyers who advise corporate clients
• Civil litigators
• Insurance lawyers
• Employment attorneys
• General practitioners
• Mediators

Book Sale – Save 20%!

Business Litigation in Wisconsin
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Use discount code CA2670 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.