Join us at the Harley-Davidson Museum® in Rumble on Thursday, December 8, 2016 for Michael Best's 5th Annual Litigation Seminar for in-house counsel and business executives. This is a complimentary event to learn about the latest trends in litigation. You will also have the opportunity to submit a question to be answered by Michael Best counsel during the seminar’s Best Practices Forum.
11:30-12:00 p.m.: Registration & Lunch
12:10-12:15 p.m.: Welcome Remarks
12:15-1:00 p.m.: Tips for Addressing Business Challenges Through Effective Government Relations Strategies by Robert J. Marchant
1:00-1:15 p.m.: Break
1:15-2:15 p.m.: Pre-Litigation Nuts and Bolts
Can my Preferred Outside Law Firm Represent the Competition? Ethical Pitfalls in Simultaneous Representation of Business Competitors
Attorneys Jonathan H. Margolies and Katherine W. Schill will examine issues related to representation of business competitors from both a Rules of Professional Conduct and client loyalty perspective. This will include a discussion of intellectual property law and commercial litigation.
General Duty to Preserve Docs/ESI in Civil and Government Investigations
Once an entity reasonably anticipates litigation, the need for an internal investigation, or a governmental or criminal investigation, it has a duty to preserve the documents and electronically stored information (ESI) that are reasonably expected to be relevant to the anticipated litigation or investigation. Attorneys Daniel J. Vaccaro and Adam E. Witkov will provide insight and best practices regarding protocols and procedures that organizations should have in place, including the manner and method in which in-house counsel and senior level executives should respond when the duty to preserve arises.
Developments in Wisconsin Insurance Law and Emerging Risks
Attorneys Eric G. Barber and Lee M. Seese will examine the impact of several key Wisconsin decisions from the last year. After guiding participants through the new landscape, Eric and Lee will highlight new and emerging regulatory and litigation risks and how companies can utilize insurance to minimize those risks.
2:15-3:15 p.m.: Hot Topics in Litigation
Do we have to let them in? Ins and Outs of Regulatory Inspections
Attorneys Thomas A. Janczewski and Benjamin A. Kaplan will address key questions related to regulatory inspections, including: how to handle an unannounced appearance by a government official at your place of business and the consequences if you turn them away; training employees to respond to a request to conduct an inspection; and what business rights you have if the government officials obtain an “administrative warrant.”
Reducing the Risk of Rampant Retaliation and Whistleblower Claims
Retaliation and whistleblower claims continue to rise and create substantial risk for employers. These claims can be difficult for employers to prevent, manage, and defend against. Attorneys Christopher R. Parker and Sara R. Whaley will highlight some potential pitfalls related to such claims and key ways for employers to reduce the risk of these claims in light of recent developments.
A Moving Target: The Supreme Court’s Treatment of Class Actions During 2016
2016 promised to be a watershed year in Rule 23 jurisprudence, with three cases presenting issues fundamental to the certification question under review at the U.S. Supreme Court. Did 2016 live up to the hype? Attorneys Paul E. Benson and Joseph L. Olson will analyze the outcome and impact of Spokeo, Inc. v. Robins, Campbell-Ewald Co. v. Gomez, and Tyson Foods, Inc. v. Bouaphakeo, as well as the influence of Justice Scalia’s death on class action jurisprudence.
3:15-3:30 p.m.: Break
3:30-4:30 p.m.: Multiple Masters: Ethical Conflicts and Confidentiality for In-House Counsel
Attorneys Carrie A. Hall and Ann Ustad Smith will discuss how in-house counsel can navigate the complex ethical considerations of serving in dual business and legal roles for their company or for multiple inter-related companies. Carrie and Ann will explore the topics of using shared company legal resources while maintaining confidentiality and privilege, identifying conflict and ethical issues between subsidiaries and parent companies, and preserving confidentiality and privilege in internal investigations. The presentation will conclude with best practices in-house attorneys can observe to preserve confidentiality and avoid ethical conflicts as they serve their companies in multiple capacities.
4:30-5:00 p.m.: Best Practices Forum
5:00-6:30 p.m.: Networking & Cocktails