THURSDAY, OCTOBER 12, 2017
5:30 - 7:30 (2.0 MCLE Ethics Credit)
1) An Ethical Evening at the Movies
Speaker: Larry Cohen, Esq.
Come be entertained with movie and television clips, and prizes, while we explore the very real ethical and professionalism issues lawyers confront in their everyday practice of law.
FRIDAY, OCTOBER 13, 2017
8:45am - 10:15am (1.5 MCLE General Credits)
2a) Educating Attorneys on Assisting Deaf Clients
Speakers: Keri Darling and Laura Siegel
This seminar will help lawyers understand how to work with potential clients who may be deaf or hard of hearing. The presentation will explain different categories of hearing losses, how to work with and understand the usage of interpreters (who is respondible for paying, what to expect of a scenario in the courtroom), what kind of assistive technologies can be used when interacting with a deaf or hard of hearing consumer/client, etc.
2b) Workplace Investigtions Part 1: Intellectual Property, Whistle Blower, Fraud, Privacy, and More
Speakers: Stephen Ellis, Esq., Andrew Manitsky, Esq., Jonathan Rose, Esq., Eileen Blackwood, Esq., Justin St.
James, Esq., and Rick Weber
This two-part seminar will explore the complex and surprising interplay between the law governing intellectual property and employer/employee rights and responsibilities in the context of an unfolding workplace investigation. Participants of all levels of experience will benefit from the insights and perspectives of this outstanding panel of in-house and private practitioners as well as a computer forensics expert.
2c) Hot Button Topics in Federal Criminal Law That Impact State Practice
Speakers: Michael Desautels, Esq. and Barclay Johnson, Esq.
Criminal charges in Vermont state courts often ovrlap with federal prosecutions. How do you help avoid federal "pitfalls" for your client? Are mandatory minimums really back under Attorney General Sessions? How can you coordinate your state court defense with the defense attorney in federal court? What's the latest on the challenges to forensic "junk" sciences in the federal courts? This session will address these points and others. Bring your curiosity, questions, and comments.
2d) *Expanding Your Practice Through Pro Bono: Clinics, The Web, and Beyond
Speakers: Sam Abel-Palmer, Esq., Mary Ashcroft, Esq., Angele Court and Maggie Frye, Esq.
How can you help yourself while helping others? This session will cover a wide range of new and expanded opportunities for youto develop new areas of legal practice, while meeting the legal needs of low-income Vermonters and fulfilling your pro bono hours. Topics covered will include the new ABA-sponsored on-line VT Free Legal Answers webs site, on-site court clinics for eviction and debt collection cases, new volunteer opportunities through the emeritus licensing rule, new grants to support victims of crime and representation in post-adoption contact agreements, and current opportunities through the Vermont Volunteer Lawyer's Project and VBA-sponsored county projects.
2e) Torts, Insurance, and Workers' Compensation Year in Review
Speakers: Jennifer McDonald, Esq., Paul Perkins, Esq., and Heidi Groff, Esq.
10:15am - 10:45am
BREAK with our Sponsors and Exhibitors
10:45am - 12:15pm (1.5 MCLE General Credits)
3a) Workplace Investigations Part 2: Intellectual Property, Whistle Blower, Fraud, Privacy, and More
Speakers: Stephen Ellis, Esq., Andrew Manitsky, Esq., Jonathan Rose, Esq., Eileen Blackwood, Esq., Justin St. James, Esq., and Rick Weber
3b) Practice in Vermont 50 Years Ago, With Humor
Speaker: Peter Langrock, Esq.
This seminar intends to acquaint the Bar with what it was like to practice law in Vermont 50 years ago and to highlight many of the changes that have occurred since then. Materials will cover the state of the law in the 1960s and how it has changed with respect to key subjects.
3c) *Selling a Vermont Business: Advanced Issues in Private Sale Transactions
Speakers: Tom Moody, Esq., Richard "Eli" Moulton, Esq., Ethan McLaughlin, Esq., and Grant Binder, Esq.
This program will take on the thorny issues that arise when a company is being sold. It will be presented through the seller lens, will focus on the front-end of the transaction (i.e. what happens leading up to signing of the purchase agreement), and will emphasize how we, as lawyers, can create a transaction that maximizes value to our seller clients. We will cover a lot of ground, including: 1) structuring a deal; 2) strategies behind establishing a sale process; 3) a fairly detailed review of the auction process; 4) disclosure, confidentiality, and the dataroom; 5) select issues in negotiating the purchase agreement (such as purchase price adjustments and earn outs; avoiding the assumption of unwanted liabilities; survival of reps and warranties; indemnification scope, duration, caps and baskets; and escrows). In order to cover this much ground, we will only take on the most challenging issues that face lawyers in sale transactions.
3d) Mindful Practices for Lawyers
Speaker: Samara Anderson, Esq.
Mindfulness means maintaining a moment-by-moment awareness of our thoughts, emotions, bodily sensations, and surrounding environment. It is also a set of techniques and methods for systematically developing this awareness. The practice of mindful awareness has a variety of well-documented impacts for legal professionals, including a reduction in toxic stress hormones, an increase in emotion regulation, and an improvement in sustained attention, focus and executive functioning. Thus, the practice of being more mindful improves your overall experience as an attorney, you are happier at your job AND you are more productive and effective. The central objective of the course is for participants to learn the tools necessary to continue their mindfulness practice after the course is completed. Handouts will be provided after the course. This is an experiential course, so you will be both learning the techniques and applying them. There will be some movement as well, so please wear comfortable clothing.
3e) *Act 250, and the Question of Deference to Vermont Agencies and other Hot Environmental Topics Being Litigated in Vermont
Speakers: Gerry Tarrant, Esq., Gregory Boulbol, Esq., Matt Chapman, Esq., Paul S. GIllies, Esq., Jon Groveman, Esq., John Marshall, Esq., David Mears, Esq., Elizabeth Filosa, and Nicholas Low, Esq.
In honor of the upcoming 50th Anniversary of Act 250, a short history of Act 250 will be presented. An element of the presentation will be how Act 250 brings together not only different environmental issues under state review but how various local, regional and state entities and agencies participate within that setting and how their determinations are accepted within the Act 250 decisions.
There will also be a short presentation on the question of “deference” followed by a panel discussion on the extent to which administrative agency determinations should be deferred to by quasi-judicial and judicial tribunals and in what context. A panel of experienced environmental lawyers will debate recent court decisions on the issue of deference.
And last, an Environmental Year in Review will be presented by the Environmental Division Law Clerks.
12:15pm - 1:45pm
Lunch and Annual Business Meeting
1:45pm - 3:15pm (1.5 MCLE General Credits)
4a) Health Law Year in Review
Speakers: Elizabeth Wohl, Esq. and Jessica Oski, Esq.
From mental health to telemedicine, from marijuana to opioids, from state law to Repeal and Replace, Ms. Oski and Ms. Wohl will examine what happened in the world of health law in 2017 with a special focus on the needs of the general practitioner.
4b) Attorneys & Mental Health: Myths, Facts, Self-Care & Right Action
Speaker: JoEllen Tarallo, Ed.D.
This seminar will cover myths and facts about mental health as it impacts attorney understanding of work performance and client services. It covers mental health challenges, disorders and illnesses, and self-care in a high performance industry which carries with it a lot of stress. It will cover protective and risk factors, and what to say and do when concerned. The material is drawn from Umatter, a nationally recognized program for mental health promotion and suicide prevention. The session is lighter than it sounds and involves brief case studies.
4c) Taxation for the General Practitioner
Speaker: Wendy Fitzsimons, Esq.
This seminar will provide a basic overview of the tax issues faced by the small firm client and provide materials and examples to assist the practitioner in advising the client with the common tax concerns arising in the areas of real estate, divorce, and trust and estate law. The seminar will also address tax concerns in choosing a corporate structure such as an LLC or S Corporation.
4d) Unleashing the Power of Casemaker
Speaker: Reba Nance
This informative program will instruct you on how to effectively use Casemaker, the Vermont Bar Association's comprehensive, online legal research tool available exclusively to members, and includes CasemakerPRO free with membership. CasemakerPRO is a package of premium products designed to enhance Casemaker's capabilities, as well as provide you with valuable new services: CaseCheck+, Casemaker's citator that identifies whether or not your case law citations are still good law; Casemaker Digest provides a first look into the most recent decisions handed down by the state and federal courts; and CiteCheck, a personal cite checker for a pleading, brief, or other document.
4e) *Probate Law Year in Review
Speakers: Mark Langan, Esq., Catherine Richmond, Esq., and Jacob S. Speidel, Esq.
3:15pm - 3:30pm
BREAK with our Sponsors and Exhibitors
3:30pm - 5:00pm (1.5 MCLE General Credits)
5a) Evidence in Practice
Speakers: Hon. Thomas Zonay, Hon. David Fenster, Hon. Tom Carlson, and Moderator John Evers, Esq.
Have a thorny evidentiary issue in an upcoming case? Or been confronted with an unexpected or unusual evidentiary scenario in a recent hearing or trial? Trying to figure out how to admit a text, tweet or post? Want to get the inside scoop from three judges as to how they handle these and other evidentiary conundrums? Then you need to attend.
5b) *Implicit Bias in the Criminal Justice System
Speakers: T.J. Donovan, Dan Maguire, Esq., Jay Diaz, Esq., James Moreno, Esq., Karen Richards, Esq.
We know that implicit bias exists in the criminal justice system across the nation, and in Vermont. Recent studies confirm this fact. From police stops to jury selection, implicit bias impacts the criminal justice system in profound ways. Explore these and other important issues with a balanced panel discussion and encouraged audience participation.
5c) Friday the 13th Special: Cemetery Art and Legal Issues
Speakers: Daniel Richardson, Esq. and Daniel Barlow
Cemeteries are as much a part of the Vermont landscape as the sugar maple. For many communities, they represent the culmination of culture, art, municipal planning, public health, and local history. But that challenge in maintaining or preserving a cemetery is an on-going issue that municipalities, non-profits, churches, and individual landowners regularly face. This seminar will survey common legal issues with public and private cemeteries, including a few gruesome cases from the 19th century. It will also focus on teh development and evolution of cemeteries in Vermont nd teh little-known showcases of art that many feature.
5d) *Real Estate Year in Review and Online Resources
Speakers: James Knapp, Esq. and Benjamin Deppman, Esq.
5e) *Upcoming "Day is a Day" Time Counting Changes, Civil & Criminal Rule Update, & Civil Procedure Year in Review
Speakers: Emily Wetherell, Esq., Allan Keyes, Esq., and James Dumont, Esq., John Treadwell, Esq.
The Supreme Court has promulgated for effect January 1, 2018, the "Day is a Day" time counting changes to the Appellate, Civil, Criminal, Environmental, Family, Juror, Probate, & Small Claims Rules. By January 1st, practitioners & their staff will need to be ready with new forms and systems for counting time and keeping track of deadlines under the "Day is a Day" Rule. The panelists helped draft these rule changes and steer them through the Legislature and Court.
This seminar will cover the highlights of how deadlines have and have not changed, what forms need changing and will discuss issues such as what has happened to the 3-days-for-service-by-mail rule. The seminar will also cover other recent and proposed changes in the Criminal and Civil Rules, and will review recent decisions of the Vermont Supreme Court on points of civil procedure.
*Courses Approved & Certified to Satisfy Rule 12(a)(1) and Rule 15(c )