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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 19–20, 2016 | Lawrence, KS

Learn about the latest developments in a wide range of practice areas while earning as many as 15 CLE hours in Kansas and Missouri, including at least 2 hours of ethics each day. The 2016 program includes updates on civil procedure, Supreme Court decisions, nonprofit law, environmental law, election law, LGBT family law and more.

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

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Download CLE materials by clicking on the presentation titles below.

Day One | Thursday, May 19, 2016
8 hours CLE credit, including 2 hours of ethics

8 - 8:50 am LGBT Family Law Updates (PDF)
David Brown, Managing Partner, The Law office of David J. Brown LC; Adjunct Professor, University of Kansas School of Law

David Brown will address court cases and administrative decisions that have followed the Supreme Court’s Windsor decision and continue to create conflicts between federal and state law complicating matters for practicing attorneys. He will address questions about same-sex marriage, Social Security and pension benefits, ERISA rights, family trusts, and more in this program.
10-Minute Break
9 - 9:50 am Developments in Kansas Election and Voting Rights Law (PDF)
Mark Johnson, Partner, Dentons; Adjunct Professor, University of Kansas School of Law

Mark Johnson will address recent changes in the law applicable to elections and the right to vote in Kansas. Included among the topics covered will be the rules for voter eligibility, participation in primary elections, and the requirement to show photo ID when voting.
10-Minute Break
10 - 10:50 am 2015-16 Updates in State and Federal Civil Procedure (PDF)
Lumen Mulligan, Professor of Law and Director, Shook Hardy & Bacon Center for Excellence in Advocacy, University of Kansas School of Law

Professor Lou Mulligan’s session will address significant statutory, rules, and case law developments in the areas of federal and Kansas civil procedure from May 2015 to the present. This will include major changes to the federal discovery rules that came into effect December 2015.
10-Minute Break
11 - 11:50 am Supreme Court Update (PDF)
Stephen McAllister, L’88, E.S. & Tom W. Hampton Distinguished Professor of Law, KU School of Law, and
Toby Crouse, L’00, partner, Foulston Siefkin LLP


Professor Stephen McAllister and Attorney Toby Crouse will present an overview of the decisions and pending decisions of the Supreme Court’s 2015term, with emphasis on both the controversial cases and those cases of particular significance to practicing lawyers.
Lunch
1 - 1:50 pm The Clean Power Plan and Other Recent Developments in Greenhouse Gas Regulation (PDF)
Uma Outka, Associate Professor Law, University of Kansas School of Law

Professor Uma Outka will provide an overview of recent developments related to federal regulation of greenhouse gas (GHG) emissions, with a focus on a major rulemaking finalized late last year by the Environmental Protection Agency to regulate GHGs from existing power plants. This rule, commonly known as the Clean Power Plan, has implications for nearly every state and is the subject of ongoing litigation in the federal courts. The presentation will also survey recent developments related to GHG regulation in other parts of the energy sector, including oil and gas, as well as a sampling of state level developments.
10-Minute Break
2 - 2:50 pm Update on Division of Retirement Assets in Divorce (PDF)
Curtis Barnhill, L’90, Curtis G. Barnhill PA

Curtis Barnhill will provide an update on law regarding the division of retirement assets in divorce, including QDROs; division of IRAs, federal employees’ retirement plans, and military retired pay.
10-Minute Break
3 - 3:50 pm Ethics and Social Media Part (PDF) I ethics credit
Suzanne Valdez, L’96, Clinical Professor, Criminal Prosecution Clinic, University of Kansas School of Law

In this 2-hour presentation, Professor Valdez will cover the recent changes to the ABA Model Rules (and Kansas Rules of Professional Conduct) as a result of advances in technology. Topics highlighted may include: (1) communication with clients and pitfalls with electronic mediums; (2) confidentiality and inadvertent disclosures; (3) discovery and social media; (4) interacting with judges on social media; and (5) advertising and law firm websites.
10-Minute Break
4 - 4:50 pm Ethics and Social Media Part II (materials included in Part I) | ethics credit
Suzanne Valdez, Clinical Professor and Director, Criminal Prosecution Clinic, KU School of Law

Day Two | Friday, May 20, 2016
7 hours CLE credit, including 2 hours of ethics

8 - 8:50 am Developments in Public Access to Records and Proceedings of Kansas Agencies and Courts (PDF)
Mike Kautsch, Professor of Law, University of Kansas School of Law

In this presentation, Professor Kautsch will review legislative developments related to the Kansas Open Records Act and the Kansas Open Meetings Act. He also will discuss various statutes, rules and cases that deal with transparency of the Kansas Judicial Branch.
10-Minute Break
9 - 9:50 am Estate Planning Update: Implications of Portability (PDF)
B.J. Hickert, L’80, partner, Newbery, Ungerer & Hickert LLP; Adjunct Professor, University of Kansas School of Law

The new federal estate tax law allows a surviving spouse to use the unused exemption amount of their most recently deceased prior spouse, which is often referred to as “portability”. In this presentation, B.J. Hickert will describe when and how to use portability for maximum estate tax and income tax advantage.
10-Minute Break
10 - 10:50 am Intellectual Property Updates for the General Practitioner (PDF)
Crissa Cook, L’07, partner, Hovey Williams; Adjunct Professor, University of Kansas School of Law

Crissa Cook’s presentation will cover changes in the law and hot topics in intellectual property law, including best practices for issue spotting by general practitioners in counseling clients.
10-Minute Break
11 - 11:50 am Nonprofit Law Update (PDF)
Bruce Hopkins, Professor from Practice, University of Kansas School of Law

Bruce Hopkins will review of current developments in federal nonprofit law, including new legislation, tax regulations, IRS rulings, and court opinions, with emphasis on qualification for exemption, application recognition process, public charity rules, IRS audit activity, governance, unrelated business, joint ventures, private inurement and private benefit doctrines, intermediate sanctions, commerciality, legislative and political activity, supporting organizations, donor-advised funds, endowments, and the charitable giving deduction rules.
Lunch
1 - 1:50 pm Recent Developments in Arbitration Law (PDF)
Christopher R. Drahozal, Associate Dean for Research & Faculty Development, John M. Rounds Professor of Law, University of Kansas School of Law

In this session Professor Chris Drahozal will examine recent court cases and regulatory actions dealing with the use of arbitration clauses. Among other topics, it will discuss a series of U.S. Supreme Court cases dealing with class proceedings in arbitration and a proposal under consideration by the Consumer Financial Protection Bureau that would regulate the use of arbitration clauses in consumer financial services contracts.
10-Minute Break
2 - 2:50 pm Is it Time to Permit Lawyers to Finance Health & Other Personal Expenses During Litigation? (PDF) | ethics credit
Michael H. Hoeflich, John H. & John M. Kane Distinguished Professor of Law, University of Kansas School of Law

Rule 1.8(e) states: A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter; (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client. As a result of this prohibition many clients who cannot afford health or living expenses find that they may either have to accept a settlement from an insurance company or seek loans in order to litigate an injury. One unintended consequence of this rule is the rise of an industry that makes such loans to litigants, often at high cost. In this session, Professor Mike Hoeflich discuss the rule, its consequences, and whether it is time to change the rule.
10-Minute Break
3 - 3:50 pm Ethics & Aspirations: The Changing Nature of Professional Regulation of Lawyers (PDF) | ethics credit
Michael H. Hoeflich, John H. & John M. Kane Distinguished Professor of Law, University of Kansas School of Law

In this session Professor Hoeflich will discuss the development of the regulatory nature of the Rules of Professional Conduct from the introduction of the first model ABA Canons in 1908 to the present day Rules of Professional Conduct. I focus on the abandonment of the Canons and their aspirational nature in favor of a rule-based regulatory scheme with its quasi-penal framework.

Register Online for Recent Developments in the Law

Questions?

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

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

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