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Recent Developments in the Law CLE

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Recent Developments in the Law 2015
May 28–29, 2015 | Lawrence, KS

This event has reached capacity, and registration is now closed.

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

Additional program details

Day One | Thursday, May 28, 2015
8 hours CLE credit, including 2 hours of ethics

8 - 8:50 am New Developments Under the Affordable Care Act  Materials | Presentation (PDF)​
Colleen Medill, L’89, Robert and Joanne Berkshire Family Professor of Law, University of Nebraska College of Law

Professor Colleen Medill will discuss recent regulatory and Supreme Court developments that impact the implementation of the Affordable Care Act.
10-Minute Break
9 - 9:50 am Recent Developments in Water Law (PDF)
John Peck, Connell Teaching Professor of Law, KU School of Law

Professor John Peck will summarize recent developments in Kansas water allocation law, including court cases, new statutes and regulations, pending litigation in the Division of Water Resources, groundwater management district news, the status of our interstate litigation, and some developments outside of Kansas.
10-Minute Break
10 - 10:50 am Intellectual Property Law Updates (PDF)
James Cronin, partner, Stinson Leonard Street LLP

James Cronin will address recent developments in intellectual property law, including Kimble v. Marvel Enterprises, a case pending at the Supreme Court that will decide whether the inventor of the Spider-Man Web Blaster toy can receive royalties pursuant to a patent license after the expiration of his patent; Oracle America Inc. v. Google Inc., a Federal Circuit decision (petition for a writ of certiorari pending at the Supreme Court) holding that certain Java application programming interface (API) packages are copyrightable; and other interesting IP-related developments.
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 2014 term, with emphasis on both the controversial cases and those cases of particular significance to practicing lawyers.
1 - 1:50 pm Updates in State and Federal Civil Procedure  Materials | Presentation (PDF)
Lumen Mulligan, Professor of Law and Director, Shook, Hardy & Bacon Center for Excellence in Advocacy, KU 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 2014 to the present.
10-Minute Break
2 - 2:50 pm Updates in the Law for Nonprofit Organizations (PDF)
Bruce R. Hopkins, senior partner, Polsinelli

Bruce Hopkins will review current developments in nonprofit law, including legislation, regulations, IRS rulings, court opinions and pertinent aspects of the Treasury Department’s priority guidance plan. Emphasis will be on: qualification for tax exemption, public charity rules, IRS audit and compliance check activity, governance developments, unrelated business, joint ventures, private inurement and private benefit, intermediate sanctions, legislative and political campaign activity, supporting organizations, donor–advised funds, private foundations, fundraising regulation and charitable giving.
10-Minute Break
3 - 3:50 pm Recent Developments in Changes to the Kansas Rules of Professional Conduct  Materials | Presentation (PDF) ethics credit
Suzanne Valdez, Clinical Professor and Director, Criminal Prosecution Clinic, KU School of Law

The Kansas Supreme Court adopted a number of important changes to the Kansas Rules of Professional Conduct. These amendments became effective March 1, 2014. Clinical Professor Suzanne Valdez will identify and summarize those changes, as well briefly summarize the ABA Ethics 20/20 rules that were not adopted by Kansas.
10-Minute Break
4 - 4:50 pm A Review of Recent Kansas Disciplinary Cases  Materials | Presentation (PDF) ethics credit
Suzanne Valdez, Clinical Professor and Director, Criminal Prosecution Clinic, KU School of Law

Clinical Professor Suzanne Valdez will provide a review of recent published Kansas Disciplinary opinions.

Day Two | Friday, May 29, 2015
7 hours CLE credit, including 2 hours of ethics

8 - 8:50 am The Latest, Greatest, Biggest Trends in Law Affecting LGBT Persons (PDF)
David J. Brown, managing partner, The Law Office of David J. Brown LC

After the U.S. Supreme Court’s Windsor decision [570 U.S. , (2013)], there have been a flurry of court cases and administrative decisions creating conflicts between federal and state law complicating matters for practicing attorneys. Are same-sex couples married or not? How will marriage affect Social Security and pension benefits? What effect does the Windsor decision have on ERISA rights? When setting up family trusts, what is a family? How do you plan for the future in an era of uncertainty? Attorney/Adjunct Professor David Brown will address these questions and more in this program.
10-Minute Break
9 - 9:50 am Updates in Employment Law  Materials | Presentation (PDF)
Elinor Schroeder, Paul E. Wilson Professor of Law, KU School of Law

Professor Elinor Schroeder will present an update on the constantly changing world of employment law. She will discuss recent decisions of the United States Supreme Court and the lower federal courts, as well as regulatory developments under the FLSA, the FMLA, Title VII, and the ADEA.
10-Minute Break
10 - 10:50 am Using Ethics Experts (PDF) ethics credit
Mike Hoeflich, John H. & John M. Kane Distinguished Professor of Law, KU School of Law

Increasingly, lawyers are using expert witnesses to testify on professional responsibility and fiduciary duty. Lawyers and corporations are also using such experts to provide advice before taking actions, particularly in complex legal situations. In this session, Professor Mike Hoeflich will discuss the practical aspects of using ethics experts, what you should look for in choosing an ethics expert, and some of the pitfalls if you do use such an expert either for advice or to testify.
10-Minute Break
11 - 11:50 am Rule 1.1 in the 21st Century: Competence in the New Technical World of Law (PDF) ethics credit
Mike Hoeflich, John H. & John M. Kane Distinguished Professor of Law, KU School of Law

Professor Mike Hoeflich will discuss how developments in new technology have transformed the legal profession within the past decade. Increasingly, lawyers are called upon to master new technologies in such diverse areas as electronic communications, legal search, e-filing, e-discovery, billing and a host of others. Courts and disciplinary administrators around the U.S. have imposed significant new burdens upon lawyers in these areas pursuant to Rule 1.1 on competency. We will discuss the newest developments in this area with particular emphasis on Kansas and Missouri law.
1 - 1:50 pm Criminal Procedure and Law: The Annual Review  Materials | Presentation (PDF)
Beth Cateforis, L'94, Clinical Associate Professor, Project for Innocence & Post-Conviction Remedies, KU School of Law

Clinical Associate Professor Beth Cateforis will highlight this year’s recent developments in criminal procedure and law as reflected in the United States Supreme Court and Kansas Appellate Court cases.
10-Minute Break
2 - 2:50 pm Federal and Kansas Update on Election Law, Voting Rights and Campaign Finance  Materials | Presentation (PDF)
Mark Johnson, partner, Dentons

For the first time in decades, in 2014 Kansas had hotly contested campaigns for the U.S. Senate and Governor. One party vigorously opposed an attempt by an opposing party's Senate candidate to withdraw from the ballot. Millions of dollars poured into Kansas from mysterious sources to advocate for and against candidates. The eligibility of voters was examined for the first time through the use of photo identification. In his presentation, Attorney Mark Johnson will address the developments in state and federal law that affected Kansas campaigns in 2014 and will affect such campaigns going forward. These issues include the rules for nomination of candidates, the advent of dark money, the constitutionality of laws requiring photo IDs, and the interplay between federal and state rules on conducting elections.
10-Minute Break
3 - 3:50 pm Recent Developments in Constitutional Law: Presidential Power and the Dysfunctional Congress  Materials | Presentation (PDF)
Rick Levy, J.B. Smith Distinguished Professor of Constitutional Law, KU School of Law

Professor Richard Levy will discuss the scope of presidential authority to make policy in the face of legislative stalemates on key issues, such as immigration reform. Topics to be discussed include non-enforcement of immigration and drug laws, the interpretation of the Affordable Care Act, and recess appointments.

For program questions:
Crystal Mai

For registration questions:
Pam Hicks, KUCE

Why KU
  • One-third of full-time faculty have written casebooks and treatises
  • 2 KU law faculty were U.S. Supreme Court clerks
  • KU’s Project for Innocence: 34 conviction reversals since 2009
  • 7,600+ alumni in all 50 states, D.C., and 21 foreign countries
  • #18 “best value” law school in the nation — National Jurist Magazine
  • 12 interdisciplinary joint degrees
  • 20th nationwide for lowest debt at graduation. — U.S. News & World Report
  • 80 percent of upper-level law classes have 25 or fewer students
  • More than 600 employment interviews at law school, 2014-15
  • 92 percent overall employment rate for Class of 2014 – top 20 percent nationally
  • 23rd: for number of law alumni promoted to partner at nation’s largest law firms
  • #1 in Kansas and Missouri for July 2015 bar exam performance