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Trending Topics in Business Litigation 2018

Product ID: CM2813
Presented By: State Bar of Wisconsin PINNACLE

Mind your client’s business

From new rules to the latest best practices, Trending Topics in Business Litigation 2018 keeps you on top of evolving issues and hot-button subjects. Explore the effect Wisconsin’s new Rules of Civil Procedure will have on business litigation with a look at:

  • Limits on interrogatories and depositions
  • Five-year limit on discovery
  • Proportionality as the basis of discovery
  • Shortened statutes of limitation
  • ESI request limits
  • And more
Read More ↓

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Member $49.00

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Mind your client’s business

From new rules to the latest best practices, Trending Topics in Business Litigation 2018 keeps you on top of evolving issues and hot-button subjects. Explore the effect Wisconsin’s new Rules of Civil Procedure will have on business litigation with a look at:

  • Limits on interrogatories and depositions
  • Five-year limit on discovery
  • Proportionality as the basis of discovery
  • Shortened statutes of limitation
  • ESI request limits
  • And more
Read More ↓

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

Dean P. Laing
O'Neil, Cannon, Hollman, DeJong & Laing, S.C.
Milwaukee

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

K. Scott Wagner
Mallery & Zimmerman, S.C.
Milwaukee

8:30 a.m. : The Business Judgment Rule – How Far Does It Go?

  • General rule
  • Rebutting the presumption
  • Wisconsin’s immunity statute — Wis. Stat. § 180.0828
  • Wisconsin’s derivative action statute — Wis. Stat. § 180.0744
  • The effect of advice of outside counsel

Michael J. Cohen

9:15 a.m. : Procedural Issues in Litigation

  • Sequestration at depositions and trial
  • Deposition errata sheets
  • General objections to discovery requests
  • Substitution of judge
  • The right to a jury trial

Dean P. Laing

10:00 a.m. : Break

10:15 a.m. : Wisconsin's New Rules of Civil Procedure

  • Discovery based upon “proportionality” rather than “reasonably calculated”
  • New limits on interrogatories and depositions
  • Discovery of prior evidence limited to 5-year window
  • Document production process sharpened
  • Limits on ESI requests
  • Court can order requesting party to pay expenses for production
  • Shortened statutes of limitation

Matthew W. O’Neill

11:00 a.m. : Recent Developments in Class Action Law in Wisconsin, Delaware and around the Country

  • Class actions generally
  • Trends in merger and acquisition class actions around the country
  • Post Trulia settlements in Delaware and around the country - where we are with disclosure only settlements
  • The impact of the Supreme Court's decision in Cyan v. Beaver County Employment Retirement Fund on class actions under the Uniform Securities Act of 1933
  • Wisconsin's new class action law

K. Scott Wagner

11:45 a.m. : Lunch (on your own)

12:45 p.m. : Understanding Civil RICO

  • Federal RICO 18 U.S.C.A § 1961 et. seq.
  • Definitions – Section 1961: enterprise; racketeering activity; pattern
  • Violations – Sections 1962(a)-(d): using “dirty money,” using “muscle,” conducting the affairs or an enterprise, conspiring
  • Civil actions – Section 1964(c): causation and damages
  • WOCCA – Wis. Stat. 946.80 et. seq.: similarities and differences from federal RICO

Robert B. Corris

1:30 p.m. : Use of the Attorney/Client Privilege and Work Product Doctrine in Communications with In-House Counsel

  • Fundamentals of the privilege and doctrine
  • Application in the in-house counsel context
  • Distinguishing between the roles of legal counselor and business advisor
  • Waiver?
  • Anticipation of litigation?

Donald Daugherty, Jr.

2:15 p.m. : Litigating Outside of the Courtroom: When and How Should You Communicate Publicly About a Pending Case?

  • Ethical limitations on statements to the press
  • Strategic considerations associated with offensive and defensive public statements
  • Complying with confidentiality orders and judicial limitations on disclosure of litigation information
  • Potential for liability for defamation or tortious interference

David J. Sisson

3:00 p.m. : Break

3:15 p.m. : Recent Developments and Strategic Considerations Concerning the Insurer's Duty to Defend in Business Litigation

  • Triggering the duty to defend
  • The four corners rule and life after Water Well
  • Reservation of rights and life after Maxwell
  • Consequences of an insurer's breach
  • Defense handling and control
  • Recoupment

Jeffrey O. Davis

4:00 p.m. : Divided Loyalty: Conflicts and Other Ethics Issues that Arise in Non-Compete, Trade Secret and Shareholder Derivative Litigation

  • Joint representation in non-compete litigation of both the company and its new employee
  • Joint representation of the company and the individual directors or officers in a shareholder derivative action
  • Other general ethics issues that arise in business litigation

Ann M. Maher

4:50 p.m. : Program Concludes

Following program start times, webcast replay schedule will vary slightly from above listed times.

  • Explore how Wisconsin’s new Rules of Civil Procedure will impact business litigation
  • Learn the significant new changes to Wisconsin’s class action statute
  • Understand the reach of the business judgment rule
  • Dig into the details of procedural litigation issues
  • See how state and federal RICO statutes differ
  • Examine attorney-client privilege and the work product doctrine
  • Learn the dos and don’ts of communicating publicly about pending cases
  • Discover recent developments relating to an insurer's duty to defend
  • Receive tips for managing ethical conflicts in various types of litigation cases
  • Business litigators
  • In-house counsel
  • Corporate attorneys
  • Business lawyers who advise corporate clients
  • Civil litigators
  • Insurance lawyers
  • Employment attorneys

Book Sale – Save 20%

Business Litigation 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.* It’s an authoritative resource for advising, representing, and defending your business clients in many common situations. Use discount code CA2813 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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