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Wednesday, June 12
Improving your patient’s treatment will enable you to build a better personal injury case for better client outcomes. What You’ll Learn: Presented by: Comprehensive Pain Management Faculty: Steven Giacoppo08:45 - 09:15
E-20 The Role of Pain Management in Personal Injury and Workers Comp Cases
1. Why you need to refer to specialist(s) early
2. Early stages of pain management
3. How you can help your clients personal injury case through pain management and improved treatment
Credits:
0.50 CLE Credit Hours
08:45 - 10:15
W-1 Flying in the Face of Discrimination: Legal Challenges Facing People with Disabilities in Air Travel
When accessibility issues come to mind most people immediately think of the Americans with Disabilities Act or “ADA,” which governs most accessibility issues in the United States. However, there are places the ADA does not apply, such as on Federal property and during air travel. While most of us take air travel for granted as an indispensable part of modern life, for travelers with disabilities it can be daunting to navigate the different laws and issues that arise when flying. This presentation will give
an overview of the legal framework, common issues, and suggested improvements with air travel.
What You’ll Learn:
1. Which laws govern accessibility in air travel
2. Common issues and limitations of those accessibility laws
3. Evaluate the enforcement mechanisms and remedies for travelers with disabilities who face access issues or discrimination
Presented by: Council on Persons with Disabilities in the Legal Profession and Arizona Center for Disability Law
Chair(s): Randall M Howe, Corey P Lovato, Rebecca J Sobie
Faculty: Randall M Howe, Corey P Lovato, Rebecca J Sobie
Credits:
1.50 CLE Credit Hours
08:45 - 12:00
W-2 Cannabis: Balancing the Scales of Justice? [Drug War 2.0]
This seminar will address the pressing issues of social equity, criminal expungements, and predictions of how the landscape will further change if Federal regulation changes. The Arizona Cannabis Bar Association is committed to providing a platform for lawyers to discuss the legal implications of cannabis and its impact on society. This seminar is a great opportunity for lawyers to gain valuable insights into the legal landscape of cannabis and its impact on society. The panel will present in a moderated Q&A format. Audience questions/participation strongly encouraged.
What You’ll Learn:
1. Whether changes in cannabis laws are affecting social equity issues, and if so, how
2. Whether changes in cannabis laws are affecting crime, and if so, how
3. Predictions of how the landscape will further change if Federal regulation changes
Presented by: Arizona Cannabis Bar Association
Chair(s): Gary M Smith
Faculty: Thomas W Dean, Demitri Downing, Julie R Gunnigle, Janet E Jackim, Gary M Smith, Jonathan H Udell, Savanna J Wright
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
08:45 - 12:00
W-3 Judging the Powerful – Part 1
This program will discuss current events in relation to criminal law, election law and the interplay therein. The program will also cover issues in both Arizona’s recent and past history involving the interactions of politics and law. It will discuss challenges and complications of criminal cases involving famous people.
What You’ll Learn:
1. The interplay between politics and criminal law
2. How the effects of the interplay between politics and criminal law can affect the criminal justice system
3. How election laws have played a much larger role in the criminal courts
Presented by: Criminal Justice Law Section
Chair(s): Michael A Neufeld, Sara X Orozco, Karen S Smith
Faculty: Laura Conover, Adrian P Fontes, Lee Stein
Credits:
3.00 CLE Credit Hours
08:45 - 12:00
W-4 Is Lady Justice Calling You? Chris Nakamura Judicial Appointment Workshop
This program will discuss current events in relation to criminal law, election law and the interplay therein. The program will also cover issues in both Arizona’s recent and past history involving the interactions of politics and law. It will discuss challenges and complications of criminal cases involving famous people.
What You’ll Learn:
1. The interplay between politics and criminal law
2. How the effects of the interplay between politics and criminal law can affect the criminal justice system
3. How election laws have played a much larger role in the criminal courts
Presented by: Arizona Supreme Court Commission on Diversity, Equality and Justice in the Judiciary
Faculty: Barry Aarons, Lisa I Abrams, Marianne T Bayardi, James P Beene, Robert M Brutinel, Sambo Dul, David B Gass, Geraldine Hale, Danielle Harris, Susanna C Pineda, Joan L Wagener, Dawn Walton, Nanette M Warner
Credits:
3.00 CLE Credit Hours
08:45 - 12:00
W-5 Current Issues in Civil Litigation
This seminar, presented annually, is regarded as a “must-see” event for practitioners in Arizona courts. In the first segment, three experienced attorneys will discuss: (a) amendments and proposed amendments to the Arizona Rules of Civil Procedure; (b) amendments and proposed amendments to the Federal Rules of Civil Procedure; and (c) recent significant judicial decisions regarding civil practice. Next, subject matter experts will present three concise but impactful ‘Knowledge Nuggets’. One focuses on Rule 56, Arizona Rules of Civil Procedure, and recent changes to the summary judgment process. A second offers an update on the work of the Arizona Supreme Court’s Task Force on the Rules of Procedure for Special Actions. A third will provide information on the use of AI in civil cases and whether the Rules of Civil
Procedure and the Rules of Evidence should be changed to address the use of AI. 3. In the final segment, there will be a panel discussion regarding public nuisance law and its intersection with homeless encampments, including a vibrant discussion about how to address both while balancing the scales of justice, including taking into account issues such as equal protection, freedom of speech and human rights.
What You’ll Learn:
1. Updates to the Rules of Civil Procedure and Rules of Procedure for Special Actions
2. Rules of Practice and Use of AI – What Changes Are Needed
3. Landscape of Public Nuisance Law and Homelessness
Presented by: State Bar of Arizona's Civil Practice and Procedure Committee
Chair(s): Jessica J Fotinos, Lori A Guner, Patience T Huntwork, Frankie Y Jones
Faculty: Jessica J Berch, William M Fischbach, Patience T Huntwork, Kathryn H King, Gary Marchant, Justin S Pierce, John W Rogers, Benjamin L Rundall, Timothy M Sandefur, Stephen W Tully, Bernardo M Velasco
Credits:
3.00 CLE Credit Hours
08:45 - 12:00
W-6 2018-2023 Appellate Civil, Probate and Family Court Decisions Reconstructed Through a Collaborative Lens
Join our panel of collaborative practitioners as we reconstruct the last 5 years of significant appellate court decisions involving the issues that would have made them perfect for collaborative process. Cases perfect for collaborative process involve high stakes assets that are hard to divide and require continuing cooperation. The financial and personal care of children and those who lack capacity to care for themselves, as well as the conflicts faced by business owners encapsulate the need for access to justice by those who may not have the financial capacity to fund litigation but have nowhere to run from legal conflict. This program will incorporate civil, family law and probate cases. Let’s reconstruct how lawyers and the legal system can offer access to justice and reciprocally, offer lawyers the guarantee of payment for completing fulfilling, life transforming work for our clients. We will analyze each of these cases through the lens of litigation as compared with collaborative process. Learn more about what it takes to be trained in collaborative law, styling your practice to offer collaboration to your clients, and how to ensure that if your clients decline collaborative process, they provide informed consent.
What You’ll Learn:
1. Important decisions in civil, probate, and family (including juvenile) in the last five years and how collaborative process could have changed the outcome for the better
2. Tenets of collaborative process as an ADR option in civil, probate and family court cases
3. The ways that attorneys can ensure they meet their ethical obligation to obtain informed consent as to the type of conflict clients choose to engage in
Presented by: Moshier Law Firm, PC
Chair(s): William D Bishop, Jennifer K Moshier
Faculty: William D Bishop, Craig P Cherney, Judith A Morse, Jennifer K Moshier, Michelle Ogborne
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
08:45 - 12:00
W-7 Practice Management Potpourri
In this three-part CLE, we will provide a fresh perspective enabling attorneys to streamline and simplify their practice with practical solutions. In improving Client Intake and Managing Client Expectations, participants will learn tips and strategies to upgrade each step of the intake process. You will also learn how to set and manage client expectations. In Fee Agreements, Fee Splits and Referral Fees, we will discuss the types of fee agreements, fee splits and referral fees helping practitioners get paid for the services provided. Finally, in Law Firm Succession, Planning for Your Future, we will provide practical tools practitioners can use to strategically plan for the inevitable.
What You’ll Learn:
1. Improving Client Intake and Managing Client Expectations: • Where and how to automate your client intake process • Tips and strategies to improve your intake process, many of which you can implement immediately in your law firm • Why and how you should set client expectations at intake • How to reinforce client expectations during the representation
2. Fee agreement, Fee Splits and Referral Fees: • A refresher on fee agreement basics, including various types of fee agreements • What unique provisions you should consider adding into your fee agreements • The difference between fee splits and referral fees • Ethical considerations when making or accepting referral fees
3. Law Firm Succession, Planning for Your Future: • Why and how to start planning for your firm’s future • Proper retention and destruction policies for client files • Considerations in appointing transition counsel • Considerations when selling your practice
Presented by: Practice 2.0, State Bar of Arizona
Faculty: Jordan Turk, Meredith L Vivona
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
08:45 - 05:15
W-19 Balancing the Tails of Justice
Animal law is a combination of case and statutory law that relates to, or has an impact on, non-human animals. However, as all animals, human and non-human alike, share this world, animal law impacts everyone. Animal law is being recognized as an important and cutting-edge field. The Convention’s “Balancing the Scales of Justice” theme is a recognition that the legal system does not always provide equal justice. We would like to encourage all to broaden their horizons and consider how all laws can ultimately have some effect on the animals in our society. The sessions encourage Arizona attorneys to consider how our laws impact animals and whether justice can truly be achieved if the interests of non-human animals are not considered when we develop and enforce our laws.
What You’ll Learn:
1. Prosecuting animal cruelty cases and defense work as it relates to criminal animal cruelty cases
2. Estate planning for pets and the dos and do nots for non-profits
3. The intersection between real estate law and wildlife law
Presented by: Animal Law Section
Chair(s): Sara L Dent, Alison R Ferrante
Faculty: Kim Carr, Samuel G Coppersmith, Julia M Corty, Alison R Ferrante, Debbie Gibson, Raandi L Morales, Lydia Peirce Linsmeier, Robert M Way, Michelle Welch, Justin P Whittenton
Credits:
6.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
09:45 - 10:15
E-21 Unpacking the 2023 Legal Trends Report
From state and practice area specific billable hour trends to insights and perspectives on AI — learn what’s the latest in the legal industry today. Making decisions that will benefit your firm in the years to come can seem complicated, but data and insights on the latest trends in the legal industry will surely make it easier. Join Clio’s deep-dive into the 2023 Legal Trends Report to discuss what the data in this year’s report means, and how to use it to set your law firm and staff up for success.
What You’ll Learn:
1. How legal professionals are optimizing financial performance, improving cash flow and ensuring timely payments
2. What legal technology solution firms are using to have an enormous impact with minimal effort, saving time, and enhancing productivity
3. How legal professionals are perceiving and embracing AI and other technological advancements
Presented by: Clio
Faculty: Miquela Anzulovich
Credits:
0.50 CLE Credit Hours
10:30 - 12:00
W-8 Witnesses to History: A Fireside Chat
We present with great pride an unprecedented gathering of witnesses to history. Ms. Cheryl Brown Henderson, the daughter of original Brown v. Board of Education plaintiff, Oliver Brown, will be joined by Alice Finn Gartell, whose father Herbert Finn litigated school segregation cases in Arizona in a discussion moderated by attorney Debo Adegbile of the historical and legal context of Brown, as well as the more recent Harvard decision.
Presented by: Ms. Cheryl Brown Henderson, Brown & Associates; Founding President of the Brown Foundation for Educational Equity, Excellence and Research Ms. Alice Finn Gartell, Esq. (ret.); Mr. Debo Adegbile, Wilmer Hale, New York
Faculty: Debo Adegbile, Alice F Gartell, Cheryl Henderson
Credits:
1.50 CLE Credit Hours
1.50 CLE Ethics Credit Hours
02:00 - 03:00
W-10 Fastcase
vLex Fastcase has a new legal research platform rolling out soon to State Bar of Arizona members. Join us to see how vLex Fastcase will make your research easier — features include a simpler user interface, easy filtering, customized news feed, a new trial-ready citator that you can depend upon and many new features.
Presented by: Fastcase
Credits:
1.00 CLE Credit Hours
02:00 - 03:30
W-9 Strategic Advocacy: Effective Use of Appellate Counsel in Trial Litigation
A distinguished panel of appellate and trial judges, along with seasoned attorneys, will engage in a discussion of when and how trial counsel can effectively partner with
appellate counsel. The discussion will include the strategic aspects of crafting a litigation strategy, pinpointing potential legal issues, creating a solid record for appeal, mitigating reversible trial errors, and judiciously selecting issues for appellate review. The discussion will address how to work with an appellate counsel in your own firm or government office, or how and when you should partner without outside counsel. The panel will also explore the ethical dilemmas that both trial and appellate counsel must navigate, including joint representation, fee sharing, and confidentiality.
What You’ll Learn:
1. How to best partner with appellate counsel to craft a litigation strategy
2. Insight into how appellate counsel can safeguard against reversible trial error and create a strong record for appeal
3. Common ethical issues to avoid in joint representation
Presented by: Appellate Practice Law Section
Chair(s): Casey D Ball, Jillian B Francis
Faculty: Nicholas D Acedo, Kathryn H King, Randall H Warner, Taylor C Young
Credits:
1.50 CLE Credit Hours
0.50 CLE Ethics Credit Hours
02:00 - 05:15
W-12 I'm Ready to Vote! What's New in Election Law in Arizona
Learn about recent updates to Arizona election law – where we have been and where we are going – as well as how these events are shaping elections going forward.
What You’ll Learn:
1. Discussion of the 14th and 15 amendments, Equal Protection arguments and U.S. Supreme Court case law
2. Discussion of current important cases, new statutes, rules, and ballot initiatives
3. How these cases may change your ability to vote as you have in the pastst
Chair(s): Frankie Y Jones, Robert J McWhirter
Faculty: James E Barton, Thomas M Collins, Brett W Johnson, Kara M Karlson
Credits:
3.00 CLE Credit Hours
02:00 - 05:15
W-13 Government Lawyer Ethics and You – What to Know
Government lawyers have duties and obligations beyond that of the general legal professional. Learn what special obligations the government lawyer has, and how it can impact you and your client.
What You’ll Learn:
1. Ethical requirements for government lawyers
2. The disciplinary process
3. Case law update
Presented by: Public Lawyers Law Section
Chair(s): Geoffrey A Balon, Lena M Kalkbrenner, Pamela Peiser
Faculty: William J O'Neil, J S Rhodes, Patricia A Sallen
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
02:00 - 05:15
W-14 Judging the Powerful – Part 2
This program will discuss current events in relation to criminal law, election law and the interplay therein. The program will also cover issues in Arizona’s both recent and past history involving the interactions of politics and law. It will discuss challenges and complications of criminal cases involving famous people. This presentation will discuss these issues from judicial, prosecutorial and defense perspectives.
What You’ll Learn:
1. The interplay between politics and criminal law
2. How the effects of the interplay between politics and criminal law can affect the criminal justice system
Presented by: Criminal Justice Law Section
Chair(s): Michael A Neufeld, Sara X Orozco, Karen S Smith
Faculty: A M McDonald, Rhonda E Neff, Ronald S Reinstein
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
02:00 - 05:15
W-15 Brown v. Board of Education’s Living Legacy
In commemoration of the 70TH anniversary of the watershed case, of Brown v. Board of Education, we will explore where we are today, and where we might go tomorrow. We will begin with some legal and historical context. Although Brown ended legal segregation in schools, Brown was a beginning, not an end. Many of the issues present in Brown remain unresolved. Our distinguished panel will explore all of these issues and look to the future to discuss the continuing and lasting legal
legacy of Brown and the work left to be done. Even 70 years after Brown, what work remains to be done to implement the principles of justice laid out in Brown, and not just in our schools. What needs to be done going forward? What role do we, in the legal system, play in bringing the promise of Brown to fruition? As lawyers, do we have a duty to carry the legacy of Brown forward? And if we do, what do our roles look like? What is our vision for tomorrow?
This session is free to State Bar members. Space is limited, so sign up early.
Faculty: Debo P Adegbile, Tona Boyd, Adrian P Fontes, George H Foster, James M Manley, Kristin K Mayes, Timothy W Overton
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
02:00 - 05:15
W-16 Rearranging Deck Chairs on the Titanic: How Mechanic’s Lien Claimants, a Construction Lender, a Landlord, a Debtor and a Bankruptcy Court Solved a $300 Million Problem with a $19 Million Solution While Saving Legacy Park
In 2020, the owner of Legacy Park leased 320-acres in Mesa to construct a world-class sports complex. Under a lease which required the tenant to complete construction of the park, the construction was to be funded from $250 million in tax exempt bonds issued through the Arizona Industrial Development Authority. The sports complex was completed in January 2022, but by then the tenant had run out of money, leaving contractors and bondholders unpaid. What followed was an unusual lien priority dispute presented in a complicated bankruptcy action, with too many parties fighting over too few of assets. From this dispute come valuable lessons for construction lawyers.
What You’ll Learn:
1. Mechanic’s liens on leasehold vs. fee interests
2. Lien priority disputes in bankruptcy where the debtor does not own the property
3. Issues with the use of Industrial Development Authority bonds to fund construction projects
Presented by: Construction Law Section
Chair(s): Joseph Brophy
Faculty: Andrew Abraham, Robert H McKirgan, James B Reed, Richard Ruelas, Joel E Sannes
Credits:
3.00 CLE Credit Hours
02:00 - 05:15
W-17 Censorship in Public Schools: Has The Law Become a Tool of Oppression?
The First Amendment states that no law shall respect an establishment of nor prohibit the free exercise of religion. The Supreme Court has said there is “play in the joints” between the free exercise and establishment clauses. Some scholars have argued that recent decisions emphasize the “free exercise” provision to the detriment of the “establishment” provision. How do the two clauses of the First Amendment intertwine in the educational context? How do the prohibitions against establishing religion interplay with the right to free exercise of religion or lack thereof?
What You’ll Learn:
1. What First Amendment rights students and teachers have in public school
2. What legal powers school boards or parents have to protect inclusive and accurate education
3. How First Amendment jurisprudence has been turned on its head to harm speech and establish religion
Presented by: Secular Coalition for Arizona
Chair(s): Dianne L Post
Faculty: Kristina Ambri, Sami A Asady, Jared G Keenan, Nicole Kelly, Robert J McWhirter, Martin J Quezada, Suzanne Story, Carol A Teague
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
02:00 - 05:15
W-18 A Journey Through the Labyrinth of AI: Understanding, Utilizing and Safeguarding Artificial Intelligence in Law
Join our 3-hour seminar to explore the intricacies of Artificial Intelligence in the legal field. Delve into AI basics, practical applications, and policy crafting. Address challenges like IP concerns, data privacy, and AI misuse. Through demos and expert discussions, learn to harness AI’s potential while safeguarding against pitfalls. Prepare for an AI driven future in legal practice with insights into emerging trends and best practices. Equip yourself with knowledge and strategies to navigate the evolving landscape of AI in law.
What You’ll Learn:
1. Understanding AI’s Role in Law: Participants will gain insights into different types of AI and their applications in legal settings while also exploring AI’s potential pitfalls like IP issues and data privacy concerns
2. Navigating AI’s Ethical and Practical Challenges: Learn strategies to confront the challenges of AI misuse and acquire knowledge on crafting effective AI use policies
3. Preparing for the Future of Law with AI: Engage in forward-looking discussions about AI’s evolving role in the legal profession, focusing on how it might democratize access to legal resources and prepare legal practitioners for an AI-integrated future
Presented by: Internet E-Commerce & Technology Law Section
Chair(s): Anette J Beebe, Raeesabbas Mohamed
Faculty: Anette J Beebe, Gideon Esakoff, Steven Hainlen, Ryan Johnson, Gary Marchant, Raeesabbas Mohamed, K Royal, Bob Simon
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
03:15 - 04:30
W-11 Fastcase
vLex Fastcase has a new legal research platform rolling out soon to State Bar of Arizona members. Join us to see how vLex Fastcase will make your research easier — features include a simpler user interface, easy filtering, customized news feed, a new trial-ready citator that you can depend upon and many new features.
Presented by: Fastcase
Credits:
1.00 CLE Credit Hours
Thursday, June 13
In this year’s Ethics Game Show, celebrity contestants will lead audience teams in answering ethics questions posed by our esteemed panelists and your host, Sarah Epperson. Prizes and points will be awarded to audience participants and teams who successfully answer questions on such topics such as recent developments in professionalism, conflicts of interest, attorney discipline, fees, lawyer advertising, and other ethical trends — all in a Jeopardy-like format. Chair(s): Sarah E Epperson08:45 - 12:00
T-28 The Annual Ethics Game Show: Ethical Jeopardy!
Faculty: Kelly A Goldstein, Nancy A Greenlee, Craig D Henley, Bradley F Perry, Meredith L Vivona
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
08:45 - 12:00
T-29 What You Do Matters, Lessons From the Holocaust
Using Unites States Holocaust Memorial Museum exhibits to depict scenes from Nazi Germany and historical photographs of police activities from 1933 to 1942, the WYDM course examines how Germany incrementally progressed from a free and democratic society to a totalitarian biased state. The program is focused on facilitated discussion and participation going over the Slippery Slope; the transformation in nine years by police in Nazi Germany from protectors of all people to enforcers of Nazi ideology and collaborators in biased policing, enforcement of racial laws, and deportations ending in genocide.
What You’ll Learn:
1. Learning from history how bias, ethics, leadership, and daily approach to policing role changed over time as part of a slippery slope
2. Gain an understanding of how the German Police shifted from protectors of the people to enforcers of Nazi ideology in a few short years
3. Applied modern focus on leadership, ethical practice, and personal responsibility for our actions as unbiased criminal justice professionals
Presented by: Public Lawyers Law Section, Criminal Justice Law Section
Chair(s): Mona E Baskin, Todd Larson, Elizabeth B Ortiz
Faculty: Jason Kalish, Diana Williams
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
08:45 - 12:00
T-30 Tax Law Odds and Ends
This program will cover an hour each on the following topics: (1) taxation of digital goods and services in Arizona; (2) IRS information return penalties: what you need to know and current enforcement; and (3) Employee Retention Credit Update: is you client ready for your audit.
What You’ll Learn:
1. Taxation of digital goods and services in Arizona
2. IRS information return penalties: What you need to know and current enforcement
3. Employee Retention Credit Update: Is you client ready for your audit
Presented by: Tax Law Section
Chair(s): Derek W Kaczmarek
Faculty: Giselle C Alexander, James G Busby, Nicholas D Michaud
Credits:
3.00 CLE Credit Hours
08:45 - 12:00
T-31 Balancing Power in Mediation to Enhance the Quality of Mediation Agreements
Participants often engage in mediation with significant power imbalances that can unduly affect the quality and sustainability of mediated agreements. Common circumstances that may give rise to significant power imbalances are where one party is represented by legal counsel and the other is self-represented; where one party is in a position of authority over the other, such as in employer-employee disputes; and where one self-represented party is a more skilled or more aggressive negotiator than the other self-represented party. A mediator’s authority to balance power can be found in most mediator ethics codes. Although balancing participant power is central to promoting procedural fairness in mediation, this duty can conflict with a mediator’s duty to operate in an impartial manner.
What You’ll Learn:
1. Identify the primary ethical rules relevant to balancing the power
2. Identify the common circumstances when imbalance of power is likely to occur
3. Understand the nature of negotiation power
4. Identify and perform balancing power techniques that avoid ethical pitfalls but promote fair and lasting agreements
Presented by: Alternative Dispute Resolution Law Section
Chair(s): Robb Itkin
Faculty: Michael Colatrella
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
08:45 - 12:00
T-32 From Insight to Action: Identifying and Tackling Elder Law, Mental Health, and Special Needs Issues Head On
This program will focus on issues clients, who are elderly, have mental health issues, or special needs, face when they are in the legal system. We will also discuss community resources and tools available throughout the State of Arizona to assist them in having a more robust life experience. Bring your questions!
What You’ll Learn:
1. How to navigate the system if your client is elderly and obtain resources for support in various areas such as transportation, long term medical treatment, and housing
2. How court ordered evaluations and treatment work and what resources are available for clients who are living with General Mental Health diagnoses or who have been designated Seriously Mentally Ill
3. What avenues to take if your client has Special Needs to obtain resources to support them and their caregivers
Presented by: Elder Law, Mental Health, and Special Needs Section
Chair(s): Stephanie L Ehrbright
Faculty: Elisa C Donnadieu, Josephine M Jones, Mary L Kasunic, Emily B Kile, Nicole Palomino, Cindy Saverino, Lisa A VandenBerg
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
08:45 - 05:15
T-43 It’s a Balancing Act: Current Legal Challenges in Indian Country
Morning session from 8:45 a.m. to Noon.: Behavioral Health Care Accessibility: Balancing Freedom of Choice and Medicaid Fraud and Prevention The morning session will explore behavioral health provider fraud schemes perpetrated against the Arizona Health Care Cost Containment System (“AHCCCS”) which targeted Native Americans and other vulnerable populations in Arizona.
Afternoon sessions: Balancing Equity: Criminal Prosecution and Sentencing within Indian Country’s Changing Legal Landscape The first afternoon session will take place from 2:00 p.m. until 3:15 p.m. and will provide an overview of the Supreme Court of the United States’ conclusions in McGirt vs. Oklahoma and Oklahoma vs. Castro-Huerta and the strain on resources in the wake of McGirt, which created the need for federal prosecutors and federal public defenders based in Arizona to prosecute and defend cases in Oklahoma.
The second afternoon session will take place from 3:30 p.m. until 5:15 p.m. and will provide a case study of the Leonard Peltier matter involving post-conviction relief and the statistics that lead to higher incarceration rates and longer sentences of Native Americans in state and federal prisons.
Presented by: Indian Law Section and Criminal Justice Law Section
Chair(s): Glennas'ba Augborne, Kris O Beecher, Nicole E Fries, Katya M Lancero, Michael A Neufeld, David E Oliver, Matthew A Ramirez
Faculty: Malena Acosta, Ethel B Branch, Ian Bucon, Eric N Dahlstrom, Dan W Goldfine, Brett J Harames, Jami Johnson, Aron J Ketchel, Nathaniel J Walters, Robert R Yoder
Credits:
6.00 CLE Credit Hours
10:30 - 12:00
T-33 From Case Law to Clarity: Crafting Jury Instructions
Join committee members and special guests as we explore the important world of crafting effective jury instructions. Under the theme of “Balancing the Scales of Justice”, our presentation will delve into the role of the Criminal Jury Instructions Committee, decoding the art of reading jury instructions for practitioners, and demonstrate the appropriate utilization of case law to draft jury instructions. We will also share a compelling case study where the Arizona Supreme Court intervened to rectify jury instructions for attempted second-degree murder. Finally, judges from the Arizona Court of Appeals will discuss the most common problematic jury instructions on appeal.
What You’ll Learn:
1. How to use one of your best trial tools: the RAJIs
2. How to create your own jury instructions
3. Learn from judges about the most problematic jury instructions
Presented by: State Bar of Arizona's Criminal Jury Instructions Committee
Chair(s): Elizabeth T Bingert, Carlos D Carrion
Faculty: James H Baumann, Elizabeth T Bingert, Carlos D Carrion, Kent E Cattani, Jillian B Francis, Mikel P Steinfeld, Lacey A Stover Gard
Credits:
1.50 CLE Credit Hours
10:30 - 05:15
T-34 You Need a Village – Trends in Mergers & Acquisitions
Hear from a variety of industry experts on the trends and changes in mergers and acquisitions, including angel investor goals and insights, tips on drafting complex private equity deals and other M&A provisions, the investment banking role and how an investment banker can help you and your clients, common accounting challenges and how to overcome them, and business broker trends in the M&A field.
What You’ll Learn:
1. M&A Trends & Insights
2. Use of M&A Intermediaries, Managing Deals
3. Earnouts
4. F Reorgs
5. Pass-Through Entity Tax Strategies
6. Reps and Warranties Insurance
Presented by: Business Law Section
Chair(s): Scott D DeWald, Zoila E Mena Harpin, Christina M Noyes
Faculty: Daniel A DeChesaro, Ashley R Gleckler, Joshua Hayes, James M Lawrence, Walter L Lipski, Charles W Ross, Rick Shapiro
Credits:
4.50 CLE Credit Hours
02:00 - 02:30
E-22 Building and Tracking KPIs for Departments in Your Law Firm
A deep dive into the art and science of developing, implementing, and managing KPIs (Key Performance Indicators) tailored to the unique needs of each department within your law firm, thereby laying the foundation for sustained success.
What You’ll Learn:
1. Identifying KPIs
2. Implementing KPIs
3. Tracking and analyzing KPIs
4. Driving improvement
Presented by: Legal Soft
Faculty: Nathan Sumekh
Credits:
0.50 CLE Credit Hours
02:00 - 03:30
T-35 Emerging Issues in Renewable Energy
Arizona has experienced explosive population growth and industry development in recent years, with large data centers and semiconductor manufacturing facilities expanding around the Valley. This growth brings unique challenges for electric utilities that must increase load to meet new demand, all while moving towards a generation mix less reliant on fossil fuels and more dependent on renewable energy and storage. Integrating these new technologies presents its own operational, regulatory, and litigation challenges. This seminar will provide updates related to emerging issues in renewable energy, with a focus on solar and storage.
What You’ll Learn:
1. How utilities can safely integrate and operate new technologies, meet carbon reduction goals, and maintain reliability
2. Regulatory updates affecting renewable development at the state and federal level, including the Arizona Corporation Commission’s re-consideration of the value of solar and air quality updates from the Environmental Protection Agency
3. Other regulatory and litigation considerations associated with renewables and storage, including hazardous waste disposal, project siting, and litigation risks
Presented by: Environmental and Natural Resources Law Section
Chair(s): Kathryn M Ust
Faculty: Albert H Acken, Jeffrey S Allmon, Michelle De Blasi, Kevi Thompson
Credits:
1.50 CLE Credit Hours
02:00 - 03:30
T-36 IP 101: What All Non-IP Lawyers Need to Know About Intellectual Property
This program will provide a brief overview of intellectual property law to help non-IP lawyers understand the basics and to issue spot for their clients.
What You’ll Learn:
1. An overview of the different types of IP
2. What IP law protects and does not protect
3. Top 10 mistakes lawyers make with respect to intellectual property
4. The interplay of AI and IP
Presented by: Intellectual Property Law Section
Chair(s): Aaron K Haar
Faculty: Maria C Speth
Credits:
1.50 CLE Credit Hours
02:00 - 05:15
T-37 Securities Regulatory Developments A Focus on Rulemaking and Enforcement Trends
Following the Securities Regulation Section’s popular Securities Law 101 and Securities Law 202 programs, this seminar will explore a variety of rulemaking, legislative, and enforcement developments in the securities and investment advice industries.
What You’ll Learn:
1. How changes to regulation D and the accredited investor standard may affect attendees’ practice and clients
2. What the DOL’s proposed retirement security rule means to the regulatory landscape for investments
3. Trending issues in securities litigation and enforcement actions
Presented by: Securities Regulation Law Section
Chair(s): Craig M Waugh
Faculty: Arthur Don, Ryan Hinson, Craig M Waugh, Jeremy D Zangara
Credits:
3.00 CLE Credit Hours
0.50 CLE Ethics Credit Hours
02:00 - 05:15
T-38 DEI Meaningful Integration: Not Just a Buzz Term
This engaging seminar will continue the critical work of DEI through meaningful integration by identifying concrete strategies that lawyers, law firms, and organizations can do now to promote, retain, and improve the lives of women and diverse attorneys, so that the scales of justice can be balanced. This program will discuss real-life solutions including advantages of meaningful mentor relationships and engaging allies for an improved and more balanced profession that better represents the community, which ultimately leads to improved trust in the system and better access to justice by society as a whole.
What You’ll Learn:
1. Current statistics, causes, situations, and expectations to identify the present reality
2. The importance of developing grit and resilience and leaning on mentors and allies to inspire women lawyers to stay in the profession
3. Real-world strategies for growth and self-advocacy, and concrete ways that allies can support and champion women and minorities
Presented by: Arizona Women Lawyers Association
Chair(s): Alexis G Firehawk, Cory E Tyszka
Faculty: Ariel J Davis, Whitney M Harvey, Andrew M Jacobs, Allison Otu, Andrew B Turk, Annielaurie Van Wie
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
02:00 - 05:15
T-39 Arizona ADR Experts: A Critical Guide for Success
Learn from our panel of experts as they discuss 1) Self-Determination in Mediation; 2) NDAs: Enforceability in Sexual Harassment Cases; 3) Attorneys’ Fees in ADR; 4) Ethics in International ADR; 5) ADR Negotiation Strategies; 6) Drafting Practical and Enforceable ADR Provisions; 7) Making the most of Pro tem Settlement Conferences; 8) Awkward Conversations: Mountain Meadows Massacre Reconciliations – ADR insights applied to the history of the Mountain Meadows Massacre of 1857.
What You’ll Learn:
1. Recent legal developments, ethical issues, and emerging skills for ADR practitioners and neutrals
2. Practical advice on drafting, enforcing, and dealing with attorney’s fee issues in ADR
Presented by: Alternative Dispute Resolution Law Section
Chair(s): Robert J Itkin
Faculty: Lee L Blackman, Juliet S Burgess, Marcia J Busching, Jeremy M Goodman, Steven P Kramer, Richard K Mahrle, Echo A Reynolds, Jared O Smith
Credits:
3.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
02:00 - 05:15
T-40 What Every Lawyer Should Know About Immigration Law Intersection with Criminal, Family, Employment, and Bankruptcy
Immigration looms large in national politics, but this course will help you see how it affects people on a day-to-day basis and how you can help your clients who are not U.S. citizens achieve the most while living in the United States. Immigration practitioners who practice in different areas within immigration will discuss how immigration affects criminal law, family law, employment law, and bankruptcy law. By the end of the session, you should be better equipped to assess immigration needs and flag issues that would require a consultation with an immigration attorney for further help.
What You’ll Learn:
1. Spot issues within your expertise (employment, criminal, family, or bankruptcy) that may affect someone’s immigration status
2. Analyze for potential alternative paths to avoid negative immigration consequences
3. Best practices to avoid common issues that may have negative impact on a person’s immigration status
Presented by: Immigration Law Section
Chair(s): Amanda Frost, Claudia P Lopez, Sabrina Perez-Arleo, Tara M Williams
Faculty: Paxton D Endres, Amanda Frost, Claudia P Lopez, Ian A Nesteruk, Sabrina Perez-Arleo, Tara M Williams
Credits:
3.00 CLE Credit Hours
02:00 - 05:15
T-41 TECHTalks 7.0
The program will focus on generative AI; primarily, best practices, privacy, and ethics implications. The program will cover the basics of generative AI, including a demonstration, and will highlight the differences in the various generative AI platforms. The program will focus on how attorneys could use generative AI, the privacy and IP concerns of using generative AI in legal practices, and key takeaways for attorneys to assist businesses that are implementing generative AI. The program will also present the potential risks of relying on generative AI, including hallucination risks and the need to comply with ER 1.1’s competency requirement for lawyers who use generative AI or advise clients on their use of generative AI, including policies for employees and other best practices.
What You’ll Learn:
1. Legal considerations every lawyer should know about using generative AI
2. The current and future landscape of laws regulating generative AI
3. Next steps and what your clients must have in place when implementing generative AI solutions
Presented by: State Bar of Arizona’s Technology Working Group
Chair(s): Joshua N Perlman
Faculty: Justine Y Gottshall, David Kinsey, Allan Mackenzie, Veena Nayak, Catherine Sanders Reach, Dhara V Shah, Nirav Shah, Whitney Stefko, Joe Tiana, Paul Ward, Rosanne Young
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
03:00 - 03:30
E-23 Professional Liability: What Law Firms Need to Know
What law firms need to know when it comes to their professional liability policies, including common areas or risk, claims occurrence trends, important policy characteristics, and best risk management practices.
What You’ll Learn:
1. Who is at risk for claims?
2. Important policy characteristics
3. Best risk management practices
Presented by: USI Affinity
Faculty: Kiera Floyd
Credits:
0.50 CLE Credit Hours
03:45 - 05:15
T-42 PFAS Update: Due Diligence, Regulatory and Litigation Updates
Presenters will provide an overview of the scientific, regulatory and litigation developments related to Per- and Polyfluoroalkyl Substances (PFAS) including an overview of PFAS in Arizona, accounting for PFAS in real estate transactions, reporting obligations for manufacturers and importers of PFAS and PFAS containing articles, Safe rinking Water Act regulations, and more.
What You’ll Learn:
1. PFAS contamination in Arizona
2. How to account for/mitigate risk of PFAS is real estate transactions
3. Regulatory and litigation trends associated with PFAS
Presented by: Environmental and Natural Resources Law Section
Chair(s): Maribeth M Klein
Faculty: Christian Bromley, Erin M Carter, Thomas S Lee, Paula Panzino
Credits:
1.50 CLE Credit Hours
04:00 - 04:30
E-24 Financial Investigations Unveiled: Working with a Forensic Accountant
Learn the intricate and vital role of forensic accountants in unraveling financial discrepancies and fraudulent activities across various legal scenarios.
What You’ll Learn:
1. Overview of forensic accounting
2. How forensic accountants will help your case
3. Expert testimonies
Presented by: Lux Analysis
Faculty: Sarah Purifoy
Credits:
0.50 CLE Credit Hours
Friday, June 14
Representing clients with diminished capacity poses several practical and ethical challenges. In this presentation, we will explore and address the following topics: What is capacity? How do I know what level of capacity is required for a particular type of legal engagement? How do I assess my client’s capacity level? What is different about working with a client who has diminished capacity? Can I take protective action if I think it is necessary? Practical guidance and implement-now resources will be discussed and provided. What You’ll Learn: Presented by: WealthCounsel Faculty: Zach Bloxham08:45 - 09:15
E-25 A Riddle Wrapped in An Enigma: Navigating Client Capacity in Elder Law
1. Defining capacity
2. Assessing capacity
3. Procedures for documenting client capacity
Credits:
0.50 CLE Credit Hours
08:45 - 12:00
F-44 Paths Toward Equal Opportunity After Students for Fair Admission v. President & Fellows of Harvard College The Supreme Court’s Decision on Affirmative Action
In a landmark decision, the Supreme Court in Students for Fair Admission v. President & Fellows of Harvard College recently overturned its decision on affirmative action, Regents of the University of California v. Bakke. The implications for Universities, employers, and organizations interested in fostering equal opportunities for historically disadvantaged groups are unclear. Adapting programs designed to increase diversity in order to conform with the limitations and realities arising from this decision will be critical to the survival of these programs and meeting their goals. What can academic institutions and employers do in order to attract and recruit persons with different and disadvantaged backgrounds? Are programs offered by schools and local organizations such as diversity writing programs permissible? What types of preferences are permissible? Is it illusory to believe that certain preferences in academic admissions and employment do not exist and do not matter, legacy admissions or employing more graduates from certain universities? Learn about what can be done from several professionals knowledgeable and experienced about this important and developing area affecting all of us. We will also have a topic which will provide Ethics credit before Students for Fair Admission v. Harvard.
What You’ll Learn:
1. Information regarding the holding and reasoning in the Supreme Court’s recent decision on affirmative action on college admissions, Paths Toward Equal Opportunity After Students for Fair Admission v. President & Fellows of Harvard College
2. The actual programs and practices used by universities, law firms and other employers to increase diversity prior to that decision based on the Court’s decision, Regents of University of California v. Bakke
3. The new restrictions on programs to increase the representation of minorities and other historically disadvantaged groups for public and private employers and universities and how universities and employers may adapt those programs consistent with the Students for Fair Admission v. President & Fellows of Harvard College decision
Presented by: State Bar of Arizona’s Council on Minorities and Women in the Law
Chair(s): Christopher R Kaup
Faculty: Charles R Calleros, Kristen Mercado, Frank Motley
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
08:45 - 12:00
F-45 Evidence Law Update
Join the Advisory Committee on Rules of Evidence to preview coming attractions for early 2025: A Rule 107! Changes to Rules 613, 801, 804, and 1006. Adoption of Federal Rule of Evidence 412 provisions as applicable to non-criminal cases in Arizona. Committee members will discuss these recent developments as well as interactive hypotheticals regarding the same. And, new key cases in the law of evidence will be another focus of the always popular You Be the Judge electronic polling for participants.
What You’ll Learn:
1. Recent amendments to the rules of evidence and proposals being considered for possible future amendments, including those expected to take effect in January 2025
2. You Be the Judge: How to apply the Arizona Rules of Evidence to novel hypothetical fact patterns during trial or for trial prep
3. Recent key cases construing various rules of evidence
Presented by: Arizona Supreme Court Advisory Committee on Rules of Evidence
Chair(s): Sara J Agne, Andrew M Jacobs
Faculty: Andrew J Becke, Jessica J Berch, Bill Hughes, Mikel P Steinfeld
Credits:
3.00 CLE Credit Hours
08:45 - 12:00
F-46 Balancing the Scales of Justice: Lawyers Leading the Charge
There are many needs to enhance access to justice in Arizona and many gaps in services. But successes abound. This interactive, informative and entertaining program will address access to justice issues in Arizona, with participation and input from those who attend. Panelists will discuss how individually, collectively or through their organizations these gaps are being bridged in creative and innovative ways for those most in need. In Arizona Town Hall style format, participants will engage in facilitated table discussions on these topics, share recommendations to the entire group and a report will be created of key points and recommendations from the discussions. It is not to be missed by anyone who wants to make Arizona better.
What You’ll Learn:
1. Information about legal and digital deserts
2. How lawyers (and community members other than lawyers) can make a difference
3. How to solve challenges through consensus
Presented by: Arizona Lawyers for Equal Justice Arizona Town Hall
Chair(s): Carol S Berry
Faculty: Carol S Berry, Meenoo Chahbazi, Noah L Coakley, Suzanne L Diaz, Tara L Jackson, Stacy R Jane, Frankie Y Jones, Joseph C Kreamer, Patricia K Norris, Khalil Rushdan, Roxanne K Song Ong, Nina R Targovnik, Ann A Timmer, Anthony E Young
Credits:
3.00 CLE Credit Hours
08:45 - 12:00
F-47 Magic of Administrative Law Balance Beam
This seminar, geared to practitioners across private practice, state agencies and the Office of the Arizona Attorney General, will cover four topics: (1) Update on State and Federal administrative law new trends; (2) How to balance private client vs. public sector state agency requirements in representing clients in front of various state agencies; (3) Arizona Rule-Making conflict and cooperation points for practitioners; and (4) Public records request restrictions on state agencies and private sector participants. There will be Q & A opportunities throughout the session.
What You’ll Learn:
1. Update on state and federal administrative law new trends
2. Balancing act for private vs. public sector practitioners: conflicts and cooperation
3. Trends and obstacles for Arizona Rule Making Procedures & Public Records Request Constraints
Presented by: Administrative Law and Regulatory Practice Section
Chair(s): Jodi A Bain, Tammy M Thibodeau
Faculty: Jodi A Bain, Mona E Baskin, Diane C DeDea, Patricia E McSorley, Carrie H Smith, Sara P Stark, John H Sundt
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours
08:45 - 05:15
F-50 The 2024 Probate and Trust Summer Olympics: A Quest for Gold
Our first event of the day will be Gary Fletcher of Nystedt and Fletcher PLLC diving into the Corporate Transparency Act. Next, we’ll move to our volleyball team, comprised of Hillary Gagnon of Stacey Johnson, PLLC; Sarah Epperson and Kelly Goldstein of the State Bar; and Denice Shepherd of the Law Office of Denice R. Shepherd, who will be going for the gold in discussing negotiating matters involving clients with diminished capacity. We’ll next watch Lynda Shely of the Shely Firm PC
participate in the 100-meter dash of addressing hot topics and ethical trends affecting probate and trust practitioners. We cap the day off with Darren Case soaring to gold on the horizontal bar of Death of the Golden Age of Generation Skipping Transfer Tax Exemption: The Sunset of the TCJA and its Impact on Estate Planning (and Life as we know it).
What You’ll Learn:
1. How to navigate the Corporate Transparency Act
2. What to do when you have concerns about your client’s level of capacity
3. Warnings about the potential sunset of the Tax Cuts and Jobs Act and potential estate tax ramifications
Presented by: Probate and Trust Law Section
Chair(s): Elise Adams, Dane J Dehler
Faculty: Darren T Case, Gary L Fletcher, Hillary P Gagnon, Lynda C Shely, Denice R Shepherd
Credits:
6.00 CLE Credit Hours
3.00 CLE Ethics Credit Hours
08:45 - 05:15
F-51 Balancing the Scales of Justice: Addressing Disproportionate Representation in Juvenile Delinquency and Dependency
Practitioners in juvenile delinquency and dependency matters are well aware of the longstanding disproportionate representation of minorities and marginalized populations in the child-welfare system. In this program, we will provide information on ways to address this issue, as well as resources for attorneys representing those who come from such communities to ensure that the children and families in the system receive the justice they deserve regardless of their skin color, ethnicity, national origin, immigration status, sexual orientation, or other marginalized status.
What You’ll Learn:
1. Learn the history of disproportionate representation in child welfare and the current status based on court statistics
2. Understand implicit and inherent biases — both individual and systemic — and how they affect children and families in the child welfare system
3. Obtain information to assist in representing children and families from backgrounds other than your own and strategies for combatting biases that may be harming your clients
Presented by: Juvenile Law Section
Chair(s): Rachel F Johnson, Dawn Williams
Credits:
6.00 CLE Credit Hours
08:45 - 05:15
F-52 When “Fair” is a Four-Letter Word Balancing Justice and Best Interests in Family Law
Often in family law, we must litigate difficult cases involving issues in which “justice” (under Arizona Law) appears to conflict with the concepts of fairness and children’s best interests. This seminar will help the attendees learn to balance these concepts and present their cases ethically, clearly and fairly through the use of currently available resources and rapidly-developing technologies.
What You’ll Learn:
1. How to choose the right process to help investigate and present your parenting time and legal decision-making issues to the Court
2. What judges around the state need to help them decide children’s issues involving parental substance abuse and what resources are available to you in various jurisdictions
3. Ethical refreshers on the use of AI in your practice and on addressing trauma inherent in the practice
Presented by: Family Law Section
Chair(s): Jennika N McKusick
Faculty: John J Assini, Stasy D Avelar, Randi L Burnett, Michelle Carson, Bryan B Chambers, Bruce R Cohen, Danielle J Constant, Damond Holt, Holly Joubert, Barb Kiffmeyer, Nicholas A Knauer, Megan A McCoy, Andrew J Russell, Roberta L Tepper, Meredith L Vivona, Cassie B Woo, Claudia D Work
Credits:
6.00 CLE Credit Hours
2.00 CLE Ethics Credit Hours
08:45 - 05:15
F-53 Access to Justice: Employment & Labor Law Considerations
Presenters will discuss topics related to access to justice issues in the employment context, including: (1) disability-related employment issues and trends in enforcement by the EEOC/ACRD; (2) ethical issues that may arise in the course of pro bono work; (3) union organizing issues and trends, such as acceptable workplace behavior when employees are engaged in organizing efforts; (4) defamation issues and what employees and employers can do as it relates to social media use; (5) criminal history issues, including background checks, recidivism, and hiring those with criminal histories; and (6) ADR-related issues that have arisen under the Ending Forced Arbitration Act.
What You’ll Learn:
1. Strategies for handling defamation in the social media context, employee organizing in the workplace, and employment issues with respect to hiring those with criminal histories
2. Best practices and practical solutions for ethical issues that arise with pro bono work and ADR-related issues arising after the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
3. Recent changes in the enforcement trends of the EEOC and ACRD regarding disability discrimination claims
Presented by: Employment and Labor Law Section
Chair(s): Audrey E Chastain, Samantha E Cote, Ty D Frankel
Faculty: Ivelisse Bonilla, C C Burns, Rose Daly-Rooney, Judith E Davila, Amy L Lieberman, Brendan N Mahoney, Randal B McDonald, Raeesabbas Mohamed, Cornele Overstreet, Patricia A Sallen, Lynda C Shely, Nonnie L Shivers, Jeffrey Silence
Credits:
6.00 CLE Credit Hours
2.00 CLE Ethics Credit Hours
08:45 - 05:15
F-54 Balancing the Scales of Justice in Bankruptcy
This full-day program is action-packed with panelists discussing all things relevant to bankruptcy practitioners today. The faculty includes a diverse group of local consumer and commercial bankruptcy practitioners. In the morning, attendees choose between Consumer and Commercial breakout sessions. Consumer panelists will discuss navigating post filing issues in a bankruptcy case, the ever-changing student loan discharge landscape; and recent decisions of note from the U.S. Supreme Court, the Ninth Circuit Court of Appeals, the Ninth Circuit Bankruptcy Appellate Panel, and the Arizona Bankruptcy Court. Commercial panelists will discuss unique issues in agricultural insolvency cases, issues that arise when Chapter 11 is not an option and you need to wind down a business and provide an update on recent important case law. The afternoon portion of the program includes a presentation on ethical issues facing bankruptcy practitioners, an all-star panel discussion of when the impact of a bankruptcy case is greater than the pool of creditors and roundtable discussions featuring the Clerk of the Court, the United States Trustee for the District of Arizona, and the Bankruptcy Court Judges. The afternoon will also showcase Pro Bono Award winners and introduce next year’s Bankruptcy Section chair. As our visiting scholar, we will be welcoming Nancy B. Rapoport who is a UNLV Distinguished Professor, the Garman Turner Gordon Professor of Law at the William S. Boyd School of Law, University of Nevada, Las Vegas, and an Affiliate Professor of Business Law and Ethics in the Lee Business School at UNLV. Participants will also be provided with information on how to become active in the Bankruptcy Section.
What You’ll Learn:
1. Most recent case law on consumer and commercial bankruptcy topics
2. Refresher of the Bankruptcy Rules and local procedures
3. Judges’ perspective on professionalism, pro bono initiatives, and other matters essential to practicing before the Bankruptcy Court
Presented by: Bankruptcy Law Section
Chair(s): Maria D Mathus, Eric W Moats, Frederick J Petersen
Faculty: Krystal M Ahart, Kathleen M Allare, Katherine E Anderson, Eddward P Ballinger, Karen G Bentley, Edward K Bernatavicius, Clarissa C Brady, Nicole Brindejonc, Joseph P Brown, Daniel P Collins, Sarah Curley, Patrick T Derksen, JoAnn Falgout, Scott H Gan, Andrew B Haynes, Dallin B Hendricks, Leslie R Hendrix, Carolyn J Johnsen, Ilene J Lashinsky, Chun Man Luk, Douglas S Magnuson, Brenda K Martin, Ross M Mumme, Kenneth L Neeley, Bradley D Pack, Cristina Perez Hesano, Bryan S Perkinson, Nancy Rapoport, Benjamin W Reeves, Isaac D Rothschild, Paul Sala, Thomas J Salerno, Warren J Stapleton, Celeste d Tabares, Lisa C Thompson, Joseph Tiano, Madeleine C Wanslee, Brenda M Whinery, Khadijia White-Thomas, Hannah D Willett, James P Yeager
Credits:
6.00 CLE Credit Hours
2.00 CLE Ethics Credit Hours
09:45 - 10:15
E-26 Life Care Planning: A Credible Depiction of Needs
Determine how the utilization of an expert can provide a sound methodology and arrival to your conclusions through implementation of a process that is adherent to the admonitions from the Daubert Ruling pertaining to expert witnesses using a scientific methodology for arrival at their conclusions/recommendations.
What You’ll Learn:
1. What is a life care plan?
2. Practice parameters
3. Why do you need a life care planner?
Presented by: Roughan & Associates
Faculty: Jan Roughan
Credits:
0.50 CLE Credit Hours
10:45 - 11:15
E-27 The Dawning of a New Era: Combining Extractive and Generative AI For New Possibilities
How AI can be harnessed in the legal industry, offering examples, resources, and tips. A lawyer’s ethical duty while using generative AI to ensure the information is accurate and reliable, resulting in the best outcomes for clients.
What You’ll Learn:
1. Understand how extractive Artificial Intelligence (AI) has been utilized to revolutionize legal research
2. Understand the risks of utilizing generative AI in legal research and how these risks must be mitigated to ensure we are in line with our American Bar Association’s Rules of Professional Conduct
3. Understand the benefits of utilizing generative AI and how it will fuse together harmoniously with law firms to act as an invisible helping hand in helping conduct legal research, summarize areas of the law and documents, and actually product documents at speeds that will significantly reduce time spent on monotonous tasks
Presented by: LexisNexis®
Faculty: Bryan Williams
Credits:
0.50 CLE Credit Hours
02:00 - 05:15
F-48 The Compassionate Attorney Bringing Mindfulness into the Courtroom and the Conference Room
As attorneys and judges, we are trained to analyze the issues, apply our knowledge and education, and make decisions to further the interests of our clients and our institutions, such as our justice system. Often, we do not appreciate how our personal biases, backgrounds, and experiences may affect our approach or viewpoint. Legal professionals who are trained in mindfulness often report increased understanding and appreciation for another’s circumstances. The good news is legal professionals can develop these skills without compromising their duties to their clients, their agency’s goals, or the competency of their practice. This program will provide practical instruction in various movement and mindfulness practices to cultivate morecalmness/reflection, compassion, and equanimity to assist our clients in helping to resolve disputes. In addition, attorneys, judges, and attendees will share (without invading any privilege) their own experiences in representing clients and managing a courtroom.
What You’ll Learn:
1. How mindfulness techniques may help us legal practitioners connect to our personal motivations for our actions and develop more empathy and compassion for the suffering of others
2. How developing compassion for others may allow attorneys and judges to find more creative approaches which may reduce expenses and promote more balance in litigation and negotiation
3. How attorneys and judges can and do incorporate mindfulness practices when approaching, litigating and resolving highly contested cases
Presented by: State Bar of Arizona's Member Assistance Program and Member Assistance Council
Chair(s): Alexis G Firehawk, Donn G Kessler
Faculty: David B Gass, Alisa J Gray, Ryan P Green, Joshua S Kolsrud, Randall H Warner
Credits:
3.00 CLE Credit Hours
02:00 - 05:15
F-49 Good Easements Make Good Neighbors but Bad Neighbors Make Good Lawsuits An Advanced Look at the Power of Easements to Unify Neighbors and Create Enemies
Arizona recognizes several types of easements, including express and implied easements, prescriptive easements, and statutory easements, each of which can be used to prevent or resolve title issues, facilitate development, or attack and annoy neighbors. This program will provide an in-depth look at each of Arizona’s easements, their application to real-world scenarios, and important issues to consider when drafting or litigating easements.
What You’ll Learn:
1. The ins and outs of Arizona easements, with reference to the most recent case law, including the establishment, scope, permitted use, enforcement, and termination of such easements
2. Advanced tips and strategies for litigating and drafting easements
3. Important considerations in insuring easement rights, or insuring over easement rights, evaluating what is and is not covered by a title policy, and strategies for resolving clouds on title created by easements
Presented by: Real Property Law Section
Chair(s): Kathleen D Fox, Patricia A Premeau
Faculty: Kathleen D Fox, John T Lotardo, Patricia A Premeau
Credits:
3.00 CLE Credit Hours
1.00 CLE Ethics Credit Hours