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Recent Developments in the Law CLE

Make plans now to join your colleagues and legal experts for

Recent Developments in the Law
May 17–18, 2018 | Lawrence, Kansas

Learn about the latest developments in a wide range of practice areas while earning CLE hours in Kansas and Missouri, including ethics.

The program will take place at the University of Kansas School of Law, Green Hall, 1535 W. 15th Street, Lawrence, Kansas.

Register online

Download CLE materials by clicking on the materials links below.

Day One | Thursday, May 17, 2018
8 hours CLE credit, including 2 hours of ethics

8 - 8:50 am Recent Developments in Separation of Powers | CLE materials (PDF)
Richard Levy, J.B. Smith Distinguished Professor of Constitutional Law, University of Kansas School of Law

Professor Levy will discuss recent developments in the area of separation of powers, with particular attention to the broad assertion of presidential power by the Obama and Trump administrations. Although the analysis will touch on some actions that may be controversial, analysis will be nonpartisan and focus on the scope and limits on presidential power, rather than the policy merits of particular presidential actions.
10-Minute Break
9 - 9:50 am Business and Estate Planning after the 2017 Tax Cuts and Jobs Act | CLE materials (PDF)
B.J. Hickert, Partner, Newbery, Ungerer & Hickert LLP & Adjunct Professor, KU School of Law

The 2017 “Tax Cuts and Jobs Act” slashed income tax rates for Subchapter C corporations, created a new deduction for Subchapter S corporations, partnerships and Schedule C business income, and doubled the exemption from the federal estate and gift tax. Hickert will address the impact of these changes on business structure and estate planning, with particular emphasis on the enhanced opportunities to maximize tax basis increases for inherited assets, to minimize capital gain taxes.
10-Minute Break
10 - 10:50 am Intellectual Property Updates for the General Practitioner | CLE materials (PDF)
Crissa Cook, Partner, Hovey Williams LLP & Adjunct Professor, KU School of Law

This presentation will address changes in the law and hot topics in intellectual property law, including best practices for issue spotting by general practitioners.
10-Minute Break
11 - 11:50 am Recent Developments in Nonprofit Law | CLE materials (PDF)
Bruce Hopkins, Professor from Practice, KU School of Law

This presentation will review current developments in the federal tax law pertaining to nonprofit, tax-exempt organizations, including provisions of the recently enacted tax reform legislation, qualification for tax exemption, supporting organizations , donor-advised funds, the commerciality doctrine, private foundations, governance, private inurement and private benefit doctrines, legislative and political campaign activity, unrelated business, use of for-profit subsidiaries, joint ventures, fundraising regulation, and charitable giving.
Lunch
1 - 1:50 pm Recent Developments in International Trade Law at the Multilateral, Regional, and U.S. Levels: Chaos | CLE materials (PDF)
Raj Bhala, Brenneisen Distinguished Professor, KU School of Law

Since the presidential election, the world of International Trade Law has been chaotic. That is true at the multilateral (i.e., World Trade Organization (WTO)), regional (i.e., free trade agreement (FTA)), and national (i.e., U.S.) level law. This session will explain what has happened and why. Topics covered include WTO Appellate Body dispute settlement cases on antidumping, countervailing duties, and safeguards, the withdrawal from the Trans Pacific Partnership, uncertainty about the North American Free Trade Agreement, and/or U.S. national security trade remedies. Most, if not all, of these topics, directly or indirectly implicate the interests of Kansas (and Missouri).
10-Minute Break
2 - 2:50 pm Update on Federal and Kansas Election Law | CLE materials (PDF)
Mark Johnson, Partner, Dentons & Adjunct Professor, KU School of Law

This presentation will cover changes in statutes, regulations, and case law in the area of federal and state law relevant to Kansas elections for Congress and state office. The presentation will also address relevant development in voting rights and eligibility.
10-Minute Break
3 - 3:50 pm Recent Developments in Ethics: New ABA Model Rule 8.4(g): Is This Rule Good For Kansas? (ethics credit) | CLE materials (PDF)
Suzanne Valdez, Clinical Professor and Director, Criminal Prosecution Field Placement Program, KU School of Law

In August 2016, the ABA enacted Model Rule 8.4(g), which is an anti-discrimination and harassment rule. This hour of ethics will focus on the legislative history behind passage of the new model rule and how this rule, if adopted in Kansas, may conflict with some of our current rules of professional conduct. It will also highlight some of the constitutional Due Process and First Amendment concerns that are raised by the new rule.
10-Minute Break
4 - 4:50 pm Technology and the Threat to the Attorney-Client Privilege (ethics credit) | CLE materials (PDF)
Suzanne Valdez, Clinical Professor and Director, Criminal Prosecution Field Placement Program, KU School of Law

While attorneys have adapted well in their practice to the advances of technology, many lawyers lack the requisite knowledge of how to protect the attorney-client privilege in a high-tech digital age. This one-hour ethics presentation will discuss three potential technological threats to the attorney-client privilege: (1) Client, social media, and purposeful disclosures; (2) the privilege waiver through the use of employer technology to communicate with counsel; and (3) Attorneys and inadvertent disclosure.

Day Two | Friday, May 18, 2018
7 hours CLE credit, including 2 hours of ethics

8 - 8:50 am Recent Developments in Water Law | CLE materials (PDF)
John Peck, Connell Teaching Professor, KU School of Law

Professor Peck will discuss recent cases, legislation, and administrative matters in Kansas water law and will touch in water law matters nationally.
10-Minute Break
9 - 9:50 am Recent Developments in Employment Law | CLE materials (PDF) | Supplemental materials (PDF)
Alex Aguilera, Attorney, Seyferth Blumenthal & Harris LLC & Adjunct Professor, KU School of Law
Joyce Rosenberg, Clinical Associate Professor, KU School of Law


Professor Rosenberg and Adjunct Instructor Aguilera will review recent case law and regulatory developments in labor, employment, and employment discrimination law.
10-Minute Break
10 - 10:50 pm Interest Based Negotiation for Attorneys | CLE materials (PDF)
Colin McRoberts, Negotiation Training and Consulting & Adjunct Professor, KU School of Law

Interest-based negotiation is the most effective approach for attorneys negotiating with clients, opposing counsel, and even vendors and colleagues. This presentation will present practical skills for creating and succeeding in difficult negotiations, using an interest-based framework.
10-Minute Break
11 - 11:50 am Recent Developments in the LGBTQ Legal Arena | CLE materials (PDF)
David Brown, Attorney, Law Office of David J. Brown LC & Adjunct Professor, KU School of Law

The presentation will address recent case law and other policy changes in Kansas as well as implementation of new policies on the federal level affecting members of the LGBTQ community. Family law, religious liberty, LGBTQ rights in the marketplace, bathroom questions and social security issues will all be addressed.
Lunch
1 - 1:50 am Recent Developments in Kansas Family Law | CLE materials UPDATED (PDF)
Melanie DeRousse, Clinical Associate Professor, KU School of Law

Professor DeRousse will provide a survey of recent Kansas family law cases and statutory updates in a range of areas. She will also highlight notable cases and trends from other jurisdictions and examine any federal law modifications that could affect family law practice now and in the future.
10-Minute Break
2 - 2:50 pm Recent Developments in Professional Responsibility: Challenges for Legal Ethics in the Post-Truth Era – PART I (ethics credit) | CLE materials (PDF) | Pop quiz (PDF)
David Gottlieb, Director, Washington Program, Wake Forest School of Law & Professor Emeritus, KU School of Law

The perceived failures of lawyers to restrain government illegality during the Watergate and related scandals in the 1970’s are often cited as a major cause of a loss of faith in the profession and the reason why new standards, such as the Model Rules, were required to regulate professional behavior. We are in another moment of crisis. This presentation will discuss challenges that have arisen to our understandings of the obligations of candor to the tribunal, honesty to third parties, and confidentiality. Among the litigation discussed will be Hargan v. Garza (Sup. Ct. No. 17-654) and the “Travel Ban” cases.
10-Minute Break
3 - 3:50 pm Recent Developments in Professional Responsibility: Challenges for Legal Ethics in the Post-Truth Era – PART II (ethics credit) | CLE materials above
David Gottlieb, Director, Washington Program, Wake Forest School of Law & Professor Emeritus, KU School of Law

See description above.

Questions?

For program questions:
Crystal Mai
cmai@ku.edu
785-864-9208

For registration questions:
Pam Hicks, KUCE
phicks@ku.edu
913-897-8775