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Wednesday, October 26
 

7:00am

Registration
Wednesday October 26, 2016 7:00am - 5:00pm
Registration Desk

7:30am

ADR Breakfast
Wednesday October 26, 2016 7:30am - 8:30am
Fedora II

8:00am

ACTEC Fellows Breakfast
Wednesday October 26, 2016 8:00am - 9:00am
Sugarloaf II

8:00am

Immigration Section Seminar
Immigration Cases Before the US and Nebraska
Supreme Courts: What They Mean for the Nebraska
Practitioner
- Prof. Kevin Ruser
This presentation will review decisions and trends in
immigration-related cases, with a focus on cases related
to the intersection of criminal and immigration law,
malpractice prevention and Constitutional requirements
under Padilla.
_______________________________________________


Wednesday October 26, 2016 8:00am - 10:00am
Dapper I

8:00am

Juvenile Law Section Seminar
A Developmental Framework for Youth in Juvenile or
Adult Court
- Dr. Marty Beyer
Applying a developmental framework throughout a
juvenile court or transfer/waiver/direct file case is an
essential tool. This presentation will address the impact
of immaturity, disabilities and trauma on a young person
before, during and after an offense, and will discuss an
adolescent’s ability to comprehend Miranda warnings
and waiver of counsel advisements and will explore best
practices in working with young clients.
_______________________________________________

Speakers

Wednesday October 26, 2016 8:00am - 10:00am
Gatsby

8:00am

NATA Seminar
The Best of NATA CLE
- Cameron Guenzel, Matthew Knowles, Lisa Line,
Colleen Medill
The program will offer some of the Nebraska Association
of Trial Attorneys’ top-rated, most in-demand topics. Topics
include: ERISA – Legal Updates and Essentials of Dealing
with ERISA Plans; Special Needs Trusts and Strategies for
Wrangling with Medicaid; Maximizing Medical Payments
(and Minimizing Medical Payments Subrogation); and a
Primer on Medicare Reimbursement and the Medicare
Portal.
_______________________________________________


Wednesday October 26, 2016 8:00am - 10:30am
Dapper III

8:30am

8:30am

Midlands Bar Association Seminar
Gaining Knowledge and Improving Skills to More
Effectively Provide Care to Diverse Populations
- Hon. Wadie Thomas
Cultural competence includes: (1) awareness of one’s
own cultural worldview; (2) attitude toward cultural
differences; (3) knowledge of different cultural practices
and worldviews; and (4) cross-cultural skills. Developing
cultural competence results in an ability to understand,
communicate with, and effectively interact with people
across cultures. The session will consider how lawyers
can fulfill their duties of confidentiality and loyalty and
their advisor role (Neb. Ct. R. of Prof. Cond. §§ 3-502.1,
3-501.6, 3-501.7) with clients of different racial or cultural
backgrounds and how cultural incompetency hinders an
attorney’s ability to follow the duties set forth in Neb. Ct.
R. of Prof. Cond. §§ 3-501.1 and 3-507.1.
_______________________________________________


Wednesday October 26, 2016 8:30am - 11:30am
Windsor VIII

9:00am

Barristers' Ball Breakfast
Wednesday October 26, 2016 9:00am - 10:00am
Windsor III

9:00am

Tech Tutors - One-to-One Tech Assistance
Need advice on using your smartphone, tablet or laptop? Tech Tutors
are offering 15-minute sessions to help lawyers with questions about
devices and applications, such as LinkedIn, Twitter, conference
call apps, and general questions about smartphones and tablets.
Questions may be related to professional or personal usage. Sessions
will be 9:00 - 10:00 am each day. Look for the sign-up outside Fedora I
near the registration desk.


Wednesday October 26, 2016 9:00am - 10:00am
Fedora I

9:00am

9:00am

ADR Seminar
Psychology for Lawyers: Negotiation and Ethics
- Prof. Jennifer Robbennolt
Many aspects of social and cognitive psychology are
relevant to lawyering and dispute resolution, including
perception, memory, judgment, decision-making, emotion,
influence, communication, and the psychology of justice.
Each of these aspects has implications for the tasks of
lawyering, like interviewing and counseling, negotiation,
discovery, writing, and ethics. This program will focus
specifically on legal negotiation and legal ethics, helping
you to harness the insights of psychology to become a
more effective negotiator and better position yourself to
avoid ethical missteps.
_______________________________________________


Wednesday October 26, 2016 9:00am - 11:00am
Dapper II

9:00am

Law Practice Management Section Seminar
Mindfulness for Lawyers: A Tool For Protecting Clients’
Interests
- Kay Glidden, Jeff Lapin, Beth Reynolds Lewis
In 2012, Judge Alan Gold of the US District Court for
the Southern District of Florida called for an “all-out
revolution”: that mindfulness be incorporated into the legal
community as a vehicle for restoring civility, decreasing
stress, helping lawyers stay focused, and maintaining
a strong legal community. It helps lawyers maintain a
high level of professionalism and avoid malpractice by
taking a mental step back from their stressful practices,
gaining perspective, and developing healthy coping skills.
Mindfulness practice can help lawyers avoid addictive
behaviors, depression and incivility, and stay focused on
dealing professionally and ethically with clients, other
lawyers, and the courts.
_______________________________________________


Wednesday October 26, 2016 9:00am - 11:00am
Windsor VII

10:00am

Juvenile Law Section Meeting
Wednesday October 26, 2016 10:00am - 11:00am
Gatsby

10:00am

NebDocs Seminar
NebDocs: A Roadmap to Excellence
- Joel Carney
NebDocs is the NSBA’s premier automated document
assembly program, which uses form templates to
efficiently generate completed legal documents. NebDocs
is designed to run through the HotDocs Market, an
ecommerce platform offering expertly crafted templates
published by the NSBA and automated using proven
HotDocs technology. All the probate forms from Probate
System V have been moved to NebDocs. See how
NebDocs can make your practice more efficient!
_______________________________________________

Speakers

Wednesday October 26, 2016 10:00am - 11:00am
Windsor I-II

10:00am

Real Estate, Probate & Trust Law Section Seminar
Estate Planning Legislative Update
- Ramzi Hynek, William Lindsay, Jr., Christin Lovegrove,
Zachary Lutz-Priefert, Susan Spahn
The first portion of the seminar will focus on LB 829, the
Fiduciary Access to Digital Assets Act. The Act deals with
the problem of gaining access to things like Facebook
and Google accounts when people die or become
incapacitated. The Act extends the traditional power
of a fiduciary to manage tangible property to include
management of a person’s digital assets, but practitioners
must be mindful of this new Act when drafting wills and
powers of attorney to properly grant or restrict access
to electronic communications. The second portion of
the seminar will be a panel discussion of recent and
anticipated legislation, focusing on the repercussions of
LB 72/LB 1103.
_______________________________________________


Wednesday October 26, 2016 10:00am - 12:00pm
Windsor IV

12:00pm

Creighton Lunch
Wednesday October 26, 2016 12:00pm - 1:00pm
Windsor III

12:00pm

UNL Lunch
Wednesday October 26, 2016 12:00pm - 1:00pm
Dapper I

12:00pm

Client Assistance Fund Lunch
Wednesday October 26, 2016 12:00pm - 2:00pm
Sugarloaf II

1:00pm

Labor & Employment Law Section Seminar
Top Labor and Employment Tips When Advising Smalland
Medium-Sized Businesses
- Jessica Feinstein, Ed Pohren
A panel of expert labor and employment practitioners
will share best practice tips in five areas of particular
importance to start-ups and small and medium-sized
businesses in Nebraska. The five practice areas have
been hand-picked for their historic status as “problem
areas” for small- and medium-sized businesses: labor,
employment, benefits, immigration, and one so special it
will be revealed at the seminar.
_______________________________________________


Wednesday October 26, 2016 1:00pm - 2:00pm
Windsor IV

1:00pm

Securities Law Section Seminar
What the SEC is Looking At and What Happens If It’s
You
- Steve Korotash
This presentation will consist of a summary of current
enforcement trends of the Securities and Exchange
Commission and how to respond to and address inquiries.
_______________________________________________

Speakers

Wednesday October 26, 2016 1:00pm - 2:00pm
Windsor VII

1:00pm

Executive Council Meeting
Wednesday October 26, 2016 1:00pm - 3:00pm
Sugarloaf I

1:00pm

NLAP Seminar
I’m Not Feeling Quite Myself: Facing and Addressing
Cognitive Impairment in Ourselves and Our Colleagues
- Dr. Adam Brank & Dr. Eve Brank
* Sponsored by the Nebraska Lawyers Assistance Program
While cognitive impairment can affect lawyers of any
age, as baby boomers approach retirement age, the
legal profession will need to deal with an increasing
number of cases. This presentation will address medical
considerations for determining diminished capacity and
will present research on the biases that can interfere
with capacity determinations and everyday interactions.
It will also examine your ethical duty to report cognitive
decline in yourself or others according to Nebraska Rules
of Professional Conduct §§ 3-501.1, 3-501.3, 3-501.4,
3-501.6, 3-501.16, 3-505.1, and 3-508.3.
_______________________________________________


Wednesday October 26, 2016 1:00pm - 3:00pm
Windsor I-II

1:15pm

Family Law Seminar
Collaborative Family Law and Union Pacific/Railroad
Benefits
- Angela Lennon, Ron Ousky
The first part of this presentation will focus on how
Collaborative Practice works and is becoming necessary
for all competent family law practitioners. The second
part of the presentation will include analysis of railroad
retirement benefits and all corresponding retirement
benefits for Union Pacific employees. It will discuss the
unique issues with retirement benefits for a Union Pacific
employee, such as division of Tier 2 benefits and the
Divorced Spouse Annuity. The presentation will provide
a checklist for the entire process, from identifying the
existence of a retirement benefit to assisting your client
in obtaining the benefits post-divorce. The materials
will include resources such as sample orders and
correspondence required to complete the division of
retirement accounts for a Union Pacific employee.
_______________________________________________


Wednesday October 26, 2016 1:15pm - 3:15pm
Dapper II

1:30pm

Senior Lawyers Section Seminar
Preparing For Your Unexpected Absence, Disability or
Death
- Stu Dornan, Kent Person
The Nebraska Rules of Professional Conduct clearly
recommend that a lawyer plan in advance to protect his or
her clients’ interests if the lawyer is suddenly unable to do
so. In addition to protecting clients, advance preparation
protects lawyers and their family members and employees
and improves the efficiency and organization of a practice.
This session will cover ethics rules and best practices for
advance preparation. Attendees will receive an electronic
copy of NSBA’s new practice manual on this topic.
_______________________________________________


Wednesday October 26, 2016 1:30pm - 3:00pm
Dapper III

2:00pm

Securities Law Section Meeting
Wednesday October 26, 2016 2:00pm - 2:30pm
Windsor VII

2:00pm

Real Estate Practice Guidelines Committee
Wednesday October 26, 2016 2:00pm - 3:00pm
Manhattan I

2:00pm

2:00pm

Professional Responsibility Considerations for US Attorneys Engaged in International Transactions
Professional Responsibility Considerations for Attorneys
Engaged in International Transactions
- Grant Leach
This presentation will cover professional responsibility
obligations and suggested best practices for US-based
attorneys involved in international transactions. Topics
to be discussed include: (1) restrictions on authorized
and unauthorized practice of law in foreign jurisdictions
under the ethics rules (featuring specific discussion on
the differing responsibilities of in-house and outside
counsel); (2) an attorney’s obligation to screen foreign
clients against various US sanctions lists as required by
American Bar Association Formal Opinion No. 463; and
(3) additional ABA voluntary good practices guidance for
combatting money laundering and terrorist financing.

Speakers

Wednesday October 26, 2016 2:00pm - 3:00pm
Fedora II

2:30pm

Bankruptcy Section Seminar
Bankruptcy: Everything You Never Wanted to Know
About Not Getting Paid
- John Lentz
This presentation will go through the basics of bankruptcy:
what it is, why it exists, the different types (chapters), the
main provisions you need to know about in the Bankruptcy
Code and what rights creditors have in bankruptcy.

Speakers

Wednesday October 26, 2016 2:30pm - 4:00pm
Windsor III

3:00pm

International Law Section Meeting
Wednesday October 26, 2016 3:00pm - 3:30pm
Fedora II

3:00pm

NLAP Committee Meeting
Wednesday October 26, 2016 3:00pm - 4:00pm
Windsor I-II

3:00pm

Publications Committee Meeting
Wednesday October 26, 2016 3:00pm - 4:00pm
Sugarloaf II

3:00pm

Senior Lawyers Section Meeting
Wednesday October 26, 2016 3:00pm - 4:00pm
Dapper III

3:00pm

Beginning Casemaker Seminar
Unleashing the Power of Casemaker
- Jim Corbett
Learn how to effectively use Casemaker, the NSBA’s
comprehensive, online legal research tool, which
includes CasemakerPRO, free with NSBA dues-paying
membership. CasemakerPRO is a package of premium
products designed to enhance Casemaker’s capabilities
as well as provide you with valuable new services, such
as CaseCheck+, Casemaker’s citator that identifies
whether your case law citations are still good law;
CasemakerDigest, which provides a first look into the
most recent decisions handed down by the state and
federal courts; and CiteCheck, a personal cite checker
for pleadings, briefs or other documents. A step-by-step
demonstration will demonstrate key features.
_______________________________________________

Speakers

Wednesday October 26, 2016 3:00pm - 4:00pm
Windsor VIII-X

3:15pm

Family Law Section Meeting
Wednesday October 26, 2016 3:15pm - 3:45pm
Dapper II

3:30pm

Child Support Calculator Seminar
Adam Astley
The Nebraska Child Support Calculator is one of NSBA’s
premiere member benefits for full dues-paying members.
This seminar will demonstrate The features of The product
and allow you to ask questions.I39

Speakers

Wednesday October 26, 2016 3:30pm - 4:30pm
Gatsby

3:30pm

General Practice Section Seminar
Let’s Get Ethical: Ethical Considerations When Closing
Files
- Kane Ramsey
Nebraska ethical obligations are applicable to closing
files. This presentation will focus on the process of closing
traditional paper files and new-age digital files. Areas of
focus will include applying Nebraska Rules of Professional
Conduct, such as safekeeping files, returning original and
important documents, maintaining the closed file for
adequate time, and protecting client confidentiality. We
will also examine recommendations from the Nebraska
Counsel for Discipline that highlight the importance of
properly closing files.
_______________________________________________

Speakers

Wednesday October 26, 2016 3:30pm - 4:30pm
Windsor VII

4:00pm

Education Committee Meeting
Wednesday October 26, 2016 4:00pm - 5:00pm
Sugarloaf I

4:00pm

Bankruptcy Section Meeting
Wednesday October 26, 2016 4:00pm - 5:00pm
Windsor III

4:00pm

Business Law Section Meeting
Wednesday October 26, 2016 4:00pm - 5:00pm
Fedora I

4:15pm

Advanced Casemaker Seminar
Unleashing the Power of Casemaker - Advanced
- Jim Corbett
This program will provide an advanced overview of how to
use the Casemaker library to your advantage. Casemaker
is the NSBA’s comprehensive, online legal research tool
available exclusively to NSBA dues-paying members.
Topics covered include research techniques, resources,
saving research results and annotating and organizing
research results for incorporation into memoranda or
briefs. This demonstration of Casemaker’s latest features
will assist lawyers in using the library most effectively.
_______________________________________________

Speakers

Wednesday October 26, 2016 4:15pm - 5:15pm
Windsor VIII-X

4:30pm

General Practice Section Meeting
Wednesday October 26, 2016 4:30pm - 5:00pm
Windsor VII

5:00pm

 
Thursday, October 27
 

7:00am

Registration
Thursday October 27, 2016 7:00am - 5:00pm
Registration Desk

7:30am

Bank Attorneys Section Breakfast
Thursday October 27, 2016 7:30am - 8:30am
Fedora II

7:45am

Legacy of Liberty Breakfast
All lawyers, spouses and guests are invited
to attend this complimentary breakfast at 7:45 am.
Register online at http://www.nebarfnd.org/legacy-ofliberty-
breakfast-registration.

Thursday October 27, 2016 7:45am - 8:45am
Dapper II-III

9:00am

Tech Tutors - One-to-One Tech Assistance
Need advice on using your smartphone, tablet or laptop? Tech Tutors
are offering 15-minute sessions to help lawyers with questions about
devices and applications, such as LinkedIn, Twitter, conference
call apps, and general questions about smartphones and tablets.
Questions may be related to professional or personal usage. Sessions
will be 9:00 - 10:00 am each day. Look for the sign-up outside Fedora I
near the registration desk.


Thursday October 27, 2016 9:00am - 10:00am
Fedora I

9:00am

Women & the Law Section Seminar
Please join the Women and the Law Section at this
networking event and roundtable discussion on topics
facing female practitioners. Attendees will discuss
everything from tips to help improve everyday work
habits, interactions, and productivity, to advancement
in the legal profession, addressing gender equity in
compensation, and developing work-life balance. We’ll
get the conversation going with a handout of ideas and
a compilation of responses to a survey of the women
in the bar and then open the discussion, so bring your
ideas, challenges, and business cards!

Thursday October 27, 2016 9:00am - 10:00am
Windsor I

9:00am

Young Lawyers Section Seminar
How to Effectively Manage a Lawyer-Client Relationship
- Joel Carney, Mike Kivett, Leslie Shaver
This presentation is a panel discussion of best practices
for client communications, managing and meeting client
expectations and avoiding relationship-ending mistakes.
Hear what these experienced lawyers have to say about
issues, such as what to do when a client won’t respond to
a discovery request, won’t pay a bill, disputes your fees, or
questions your legal advice.
_______________________________________________

Speakers

Thursday October 27, 2016 9:00am - 10:00am
Sugarloaf I

9:00am

Bank Attorneys Section Seminar
Loan Workouts and Enforcement: Specific Tips to
Enhance Effectiveness of Ag and Other Lenders; and
Banking Law Update
- Tom Ashby, Robert Hallstrom, Gerald Stilmock
Agricultural loans have been referred to as an “impending
doom” because of concerns about growing financial
pressure on agricultural loans and borrowers. This
presentation will offer tips for loan workouts and
enforcement, with special emphasis on agricultural loans.
Examples are suggestions for language in loan extension or
workout agreements; pre-bankruptcy warning signs; ways
to improve loan documentation and loan enforcement, even
with an uncooperative borrower; and in-house techniques
to aid lenders instead of or before retaining outside
counsel. Contact Brad White at (402) 636-8280 prior to
the seminar with specific issues you’d like addressed. This
presentation will also review legislative bills impacting
banking from the 2016 Nebraska Unicameral session.
_______________________________________________


Thursday October 27, 2016 9:00am - 10:30am
Windsor IX

9:00am

Taxation Section Seminar
Important Tax Considerations for LLCs and Partnership
Audit Rules
- Robert Coon, Sharon Heck
The first part of the presentation will discuss tax
considerations for LLCs, which are becoming a preferred
entity choice for business enterprises due, in large part,
to the protection of limited liability for the owner and
the flexibility in which financial attributes can be divided
between the members. Careful drafting of the distribution
and allocation provisions in the operating agreement
ensures that the members will receive the economic
benefits consistent with the business deal between
the members. The second part of the presentation will
discuss the Bipartisan Budget Act of 2015, which included
significant changes to the rules governing federal tax
audits of entities treated as partnerships (including LLCs)
for federal income tax purposes.
_______________________________________________


Thursday October 27, 2016 9:00am - 11:00am
Dapper I

9:00am

House of Delegates Meeting
Thursday October 27, 2016 9:00am - 12:00pm
Gatsby

9:30am

Health Law Section Seminar
Rapidly Growing Liability Pitfalls in Healthcare: Social
Media and Information Security
- Andrea Jahn, Jim O’Connor
Participants will learn about two quickly-growing problems
in healthcare which can lead to significant liability and the
steps to take now to help reduce your exposure: (1) Social
media: (a) recent examples where the misuse of social
media exposed healthcare entities to fines and sanctions
and recommended policies and (b) training for employees
in the healthcare industry. (2) Information security: Data
breaches and ransomware threats are becoming a daily
occurrence. It is imperative that cyber security preparedness
have board-of-trustee-level visibility. We will discuss the
critical steps for data security and incident response
program with a focus on board accountability and oversight.


Thursday October 27, 2016 9:30am - 11:00am
Windsor II

10:00am

Women & the Law Section Meeting
Thursday October 27, 2016 10:00am - 11:00am
Windsor I

10:00am

Young Lawyers Section Meeting
Thursday October 27, 2016 10:00am - 11:00am
Sugarloaf I

10:00am

Government Practice Section Seminar
Public Records in the Electronic Era
- Marcee Brownlee, Colleen Byelick, Michael Cox,
Leslie Donley, Theresia Urich
This seminar will provide general information with respect
to the production and retention of electronic public records,
with county, city, and private/media representatives
offering their unique perspectives. Emerging topics,
including the production of text messages, social media,
and videos; handling vexatious requests; and practical
tips will also be discussed.
_______________________________________________


Thursday October 27, 2016 10:00am - 11:30am
Windsor IV

10:00am

ABOTA Seminar
Masters in Trial Jury Selection
- Michael Coyle, David Domina, David Ernst, Steven Lefler,
Susan Sapp
These outstanding trial lawyers will conduct a voir dire
session live with potential jurors, two on the criminal side
for an hour, and two on the civil side for an hour. There
will be feedback and reaction from participating lawyers,
jurors and audience members.
_______________________________________________


Thursday October 27, 2016 10:00am - 12:00pm
Windsor III

10:00am

Nebraska Innocence Project Seminar
Truth and Consequences: The Dynamics of False
Confessions
- Tracy Hightower-Henne, Mark Sundermeier
This presentation will provide an overview of the
phenomenon of false confessions using actual case
transcripts, with recommendations for best practices
during police interviews and interrogations, presented
from the perspective of police, lawyers, the accused and
researchers. Attendees will experience an interrogation
using facts from the Matthew Livers and Nicholas
Sampson interrogation in 2006 when they were charged
with the Murdock murders of Wayne and Sharmon Stock.


Thursday October 27, 2016 10:00am - 12:00pm
Fedora II

11:00am

Health Law Section Meeting
Thursday October 27, 2016 11:00am - 12:00pm
Windsor II

11:00am

Taxation Section Meeting
Thursday October 27, 2016 11:00am - 12:00pm
Dapper I

12:00pm

Bar Association Networking Lunch
NSBA Networking Lunch
Lunch is served! You’re invited to join the NSBA for an
informal lunch from noon - 1:00 pm and connect with
classmates, colleagues, and members of the bar. No formal
program is scheduled.

Thursday October 27, 2016 12:00pm - 1:00pm
Dapper II-III

12:00pm

Tech Talks
Tech Talks
- Brandon Gordon, Megan Lutz-Priefert, John McHugh
Enjoy three quick tech talks over lunch on Thursday
(Registration includes lunch).
• “Bloody Mary and Ovaltine: The History, Science, and
Importance of Encryption”
A brief description of the history and use of encrypted
communication, followed by a discussion of the science
of encryption, why it’s important for lawyers, and a survey
of ethics opinions, model rules, and laws surrounding
the use of encrypted communications to clients.
• “Amazing Apps for Lawyers”
A look at some of the best applications recommended
by members of the bar. This presentation will summarize
what the application is, what it does, and how you can
use it in your practice.
• “Email in the Legal Industry - Leveraging Policies to
Meet Compliance Requirements with Email Retention”
An overview of email with an efficiency and security
approach covering features, ease of use, and archiving.
We’ll also discuss email security and encryption from a
compliance perspective.


Thursday October 27, 2016 12:00pm - 1:00pm
Windsor I

1:15pm

Brain Injury Association Seminar
Brain Injury, Concussion, and the Courtroom
- Peggy Reischer, MSW; Lori Terryberry-Spohr, PhD, ABPP
The first part of this presentation, “Brain Injury 101,” will
include information about (1) what to look for; (2) how to
measure; and (3) explaining the science to the fact-finder.
The second part of this presentation, “Neuropsychological
Testing,” will include information about (1) what
constitutes adequate testing; (2) how to interpret and
understand results; (3) assessing reliability of test scores;
and (4) investigating suspicions of malingering. The third
part of this presentation, “Brain Injury Resources,” will
focus on resources in Nebraska and Brain Injury Resource
Facilitation.
_______________________________________________


Thursday October 27, 2016 1:15pm - 3:15pm
Fedora II

1:15pm

Ethics Seminar with Jabez LeBret
Tweets, Posts, Blogs and Snaps:
The Ethics of Social Media for Lawyers
- Jabez LeBret
This entertaining presentation will focus on the ethics of
marketing and social media, such as avoiding solicitation
violations, comparative speech, confidentiality mistakes,
and how to ethically market your law firm. It will also
focus on ethically using social media to your client’s
advantage, such as the ethics of discovery, using social
media as evidence, judicial holds, and what you can and
can’t tell your clients about social media use.

Speakers

Thursday October 27, 2016 1:15pm - 3:15pm
Windsor V

1:15pm

Intellectual Property Section Seminar: An Update from the US Patent and Trademark Office
Intellectual Property Section Seminar
An Update from the US Patent and Trademark Office
- Josh Hallock
USPTO Representatives from the Rocky Mountain
Regional Office will discuss recent updates in patent law,
trademark law, and office practice.
_______________________________________________

Speakers

Thursday October 27, 2016 1:15pm - 3:15pm
Gatsby

1:15pm

Nebraska Defense Counsel Seminar
“A Primer on Minor Settlements and Conservatorships”
and “DriveCams, Biomechanical Analysis and the Use
of Biomechanical Engineers in Litigation”
- Dan Church, Julie Jorgensen, Emily Motto, Brian Weaver
The first presentation will discuss the nuts and
bolts of minor settlements, conservatorships, and
other protective arrangements. We will discuss the
requirements, background checks and documentation associated with releasing the claims of minors. The
second presentation will start at the point of an accident,
and a biomechanical engineer will provide insight into the
initial biomechanical analysis using DriveCam footage
and other methodologies. The attorneys will then discuss
the analysis of DriveCam from a legal perspective,
discoverability of DriveCam evidence, use of footage and
admissibility of biomechanical testimony.
_______________________________________________


Thursday October 27, 2016 1:15pm - 3:15pm
Dapper I

3:15pm

Intellectual Property Section meeting
Thursday October 27, 2016 3:15pm - 4:15pm
Gatsby

3:15pm

General Session
The Future of the Legal Profession:
Adapting Your Firm to a New Legal Environment
- Jordan Furlong
Economic upheaval, technological advances, and competitive
pressures are combining to permanently shift
the balance of power in the legal services market away
from lawyers and toward clients. Consequently, the traditional
law firm business model that thrived in the 20th
century marketplace needs rethinking and renewal to
succeed in the 21st. Mr. Furlong will examine how and
why this shift took place and what attorneys and firms
can do to succeed.
Our Justice System at an Inflection Point
- Chief Justice Michael G. Heavican, Ramón A. Abadin,
Jordan Furlong, Willam C. Hubbard
Four legal experts will discuss the disruption of the legal
profession, the future of legal services, and closing the
justice gap.
Jordan Furlong is a leading legal industry analyst and consultant
who forecasts the impact of the changing legal market on lawyers,
clients, and legal organizations. Mr. Furlong is a Fellow of the College
of Law Practice Management and Advisory Board Co-Chair of
the Institute for Law Practice Management and Innovation at Suffolk
University Law School in Boston.
Hon. Michael G. Heavican has served as Chief Justice of the Nebraska
Supreme Court since October 2006. Prior to joining the Supreme
Court, he was a Deputy Lancaster County Attorney from 1975
to 1981, and Lancaster County Attorney from 1981 to 1990. He
joined the United States Attorney’s Office for the District of Nebraska
in March 1991.
Ramón A. Abadin is the immediate past president of the Florida Bar
Association and is a Fellow of the American College of Trial Lawyers.
Mr. Abadin, an active trial lawyer, focuses on complex commercial
and tort matters, including class actions that frequently involve significant
insurance components.
William C. Hubbard served as President of the American Bar Association
in 2014 - 2015. He previously served a two-year term as
Chair of the ABA’s House of Delegates. He is a partn

Speakers
avatar for Jordan Furlong

Jordan Furlong

Jordan Furlong of Ottawa, Canada, is a leading legal industry analyst and consultant who forecasts the impact of the changing legal market on lawyers, clients, and legal organizations. Jordan has addressed dozens of law firms, lawyer associations, state bars, law societies, courts, and law schools throughout the United States, Canada, Europe and Australia regarding the impact of legal market forces on members of the legal profession. Jordan is... Read More →

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Thursday October 27, 2016 3:15pm - 5:15pm
Windsor VI

5:15pm

OctoBARfest
Let’s spend the evening celebrating our profession and
enjoying the camaraderie of the Nebraska legal community.
Join this fun evening of cocktails, hors d’oeuvres and
casino games. Everyone is invited and all are encouraged
to attend this event from 5:15 - 10:00 pm.


Thursday October 27, 2016 5:15pm - 10:00pm
Windsor I-IV
 
Friday, October 28
 

7:00am

Registration
Friday October 28, 2016 7:00am - 3:00pm
Registration Desk

7:30am

Inns of Court Breakfast
Friday October 28, 2016 7:30am - 8:30am
Sugarloaf

8:00am

Christian legal Society Seminar
“Ethical Considerations and ABA Proposed Model
Rule of Professional Conduct 8.4” and “Prof. Duncan’s
Annual Constitutional Law/Supreme Court Review”
- Jeff Downing, Prof. Richard Duncan
The first hour will explore Ethical Considerations and ABA
Proposed Model Rule of Professional Conduct 8.4. The
second hour will be Professor Duncan’s Annual Supreme
Court review.
_______________________________________________


Friday October 28, 2016 8:00am - 10:00am
Windsor IV

8:30am

NCDAA Seminar
When Criminal Prosecutions Go Wrong – Convicting the
Innocent
- Rebecca Brown, Kelly Childress, Dr. Richard Leo, Amy
Weber, Kent Weber
NCDAA’s Fall Seminar will focus on wrongful convictions
and what can be done to prevent them. In the morning,
learn about the flaws in the system and hear from
someone who was wrongfully convicted and served prison
time before being exonerated. In the afternoon, local
and national experts will discuss combating eyewitness
misidentification, false confessions, and crime lab testing.
8:30 – 10:30 am
Flaws in the Criminal Justice System
10:30 – 11:30 am
Exoneree’s Presentation
1:15 – 2:15 pm
Eyewitness Misidentification
2:15 – 3:15 pm
State Patrol Crime Lab – Knowing How It Works
3:15 – 4:15 pm
False Confessions
_______________________________________________


Friday October 28, 2016 8:30am - 4:15pm
Gatsby

9:00am

Public Service Project (1st wave)
2nd Annual Presidential Public Service Project
The NSBA is partnering with Stop Hunger Now to package
20,000 meals between 9:00 and 11:00 am for distribution
to those in need. This unique event is a tangible
opportunity to help end hunger and offer a fun, hands-on
and rewarding public service experience.


Friday October 28, 2016 9:00am - 10:00am
Windsor VIII-X

9:00am

Tech Tutors - One-to-One Tech Assistance
Need advice on using your smartphone, tablet or laptop? Tech Tutors
are offering 15-minute sessions to help lawyers with questions about
devices and applications, such as LinkedIn, Twitter, conference
call apps, and general questions about smartphones and tablets.
Questions may be related to professional or personal usage. Sessions
will be 9:00 - 10:00 am each day. Look for the sign-up outside Fedora I
near the registration desk.


Friday October 28, 2016 9:00am - 10:00am
Fedora I

9:00am

Military Law Section Meeting
Friday October 28, 2016 9:00am - 10:00am
Manhattan I

9:00am

Limited Scope Representation Seminar
The Benefits of Collaborative Divorce on Children and
Families: A Ten-Year Study of Collaborative Divorce in
Nebraska
- Morgan Hecht, LCSW, LIMHP; Christine Lustgarten
The adversarial nature of the traditional litigation divorce
process causes much strife for families. In this session,
you will learn about the Nebraska Collaborative Divorce
process. The presentation will review the results of a study based on data collected from the first ten years
of collaborative divorce in Nebraska and how it benefits
families by allowing them to stay in control of their future
family composition. The panel will discuss the typical
effects of divorce on children and how the collaborative
process avoids putting children in the middle of difficult
situations.


Friday October 28, 2016 9:00am - 10:00am
Windsor I

10:00am

10:00am

Natural Resources & Environmental Law Section Seminar
Board of Water Works Trustees of the City of Des
Moines v. Sac County Board of Supervisors as Trustees
of Drainage Districts, et al.: Background, Status, Legal
Issues, and How it May Impact Nebraska
- Prof. Anthony Schutz, Bill Stowe
Des Moines Water Works recently filed a federal
complaint against the Board of Supervisors of Sac
County, Buena Vista County, and Calhoun County, Iowa,
in their capacities as trustees of ten drainage districts, for
the discharge of nitrate pollutants into the Raccoon River.
Bill Stowe, the manager of the Des Moines Water Works
and an attorney, will discuss the litigation. Prof. Schutz
will provide perspective on what the litigation may mean
for Nebraska.
_______________________________________________


Friday October 28, 2016 10:00am - 11:00am
Fedora II

10:00am

Military Law Section Seminar
A Veterans Treatment Court for Nebraska: Crafting a
Judicial Approach to Restore Those Who Have Served
Our Nation
- Hon. W. Mark Ashford, Bob Blanchard, Scott A. Carlson,
Jeffrey Lux, Thomas A. (Mick) Wagoner, Jr.
Numerous jurisdictions nationwide have established
Veteran Treatment Courts as a means to provide treatment
and restoration for those who suffer from the hidden
wounds of war, which often manifest as serious mental
health or substance abuse issues. These veterans all too
often find themselves in the criminal justice system. New
legislation in Nebraska funds a Veterans Treatment Court
Pilot Project in Douglas County. This seminar by members
of the Douglas County Veterans Treatment Court team
will cover the significant aspects of this unique problemsolving
court.
_________________________


Friday October 28, 2016 10:00am - 11:30am
Windsor VII

10:00am

Omaha Bar Association Seminar
Employment Law 101
- Jennifer Petersen, Emma Savory, Kara Stockdale
*Presented by the Omaha Bar Association
Attend this seminar and learn key employment law issues
and the proper steps to avoid potential pitfalls. Our panel
of both management- and employee-side attorneys
will review legal issues that arise in the lifecycle of the
employment relationship, such as: (1) hiring practices and
employment agreements; (2) employee handbooks and
other policy documents; (3) wage and hour compliance;
(4) security and privacy issues; (5) accommodations;
(6) managing leaves of absence; (7) performance
problems and litigation avoidance; and (8) discrimination,
harassment, retaliation, and other claims.
_______________________________________________


Friday October 28, 2016 10:00am - 11:30am
Windsor III

10:00am

Legislative Update
2016 Legislative Update
- Tom Maul, Bill Mueller, Bub Windle
Bill Mueller and Bub Windle, Legislative Counsel to the
Nebraska State Bar Association, and Tom Maul, 2015-
2016 NSBA President, will walk you through laws passed
by the Nebraska Legislature during the 2016 Legislative
Session. The update will also feature practice tips.
_______________________________________________


Friday October 28, 2016 10:00am - 12:00pm
Windsor II

11:00am

12:00pm

NSBA Association Legacy Lunch
Join fellow bar members from noon - 1:00 pm to honor
25- and 50-year NSBA members, recognize our esteemed
colleagues for notable accomplishments, and memorialize
those members who have passed over the last year.

Friday October 28, 2016 12:00pm - 1:00pm
Windsor V

1:15pm

Ten Reasons that Cybersecurity is Difficult for the Law to Address
1:15 pm - 2:15 pm 1 CLE hour
Ten Reasons that Cybersecurity is Difficult for the Law
to Address
- Prof. Justin (Gus) Hurwitz
Cybersecurity is one of the most important issues we face
today. It is also a particularly hard problem for the law to
address, for reasons that are both good (e.g., they result
from positive attributes of the underlying technology)
and bad (e.g., they result from otherwise problematic
attributes of that technology). This presentation will
consider ten reasons why cybersecurity is a hard problem
for the law, ranging from the good to the bad.


Friday October 28, 2016 1:15pm - 2:15pm
Windsor II

1:15pm

Hispanic Attorneys Section Seminar
Lost in Interpretation: The Effective and Ethical Usage
of Interpreters in Client Communications
- Dale Taylor
Attendees will learn (1) the process of court interpreter
certification; (2) the importance of using a certified
interpreter in client communications (including the ethical
hazards lawyers face if they use non-certified interpreters
and the lawyer’s ethical duty to make sure an interpreter
is competent); (3) the interpreter’s role in the courtroom
and with the client; and (4) how to effectively and ethically
use an interpreter.
_______________________________________________

Speakers

Friday October 28, 2016 1:15pm - 2:45pm
Wingtip

1:15pm

Agricultural Law Section Seminar
Agricultural Law Update: Case Law and Regulatory
Trends, Real Property Valuation Protests & Appeals,
and Biofuels Regulation & Development
- David Bracht, Brian Buescher, Rob Hotz
The first portion of the presentation will outline recent
case law that impacts agricultural law and regulatory
trends of the federal government impacting agribusiness
and will provide thoughts and analysis as to the future
trends likely to impact agribusiness. The second portion
will be a primer on the basics of real property valuation
protests at the county level and the appeals process at
the state level in Nebraska. The last portion will address
Nebraska ethanol plants, and how lawyers must consider
both federal regulations, such as the Renewable Fuels
Standard, and state regulations, such as California’s Low
Carbon Fuel Standard, and take advantage of state and
federal programs supporting higher ethanol blends to
expand markets.
_______________________________________________


Friday October 28, 2016 1:15pm - 3:15pm
Fedora II

1:15pm

Appellate Law Seminar
The Anatomy of a Brief
- Hon. Stephanie Stacy, Hon. Francie Riedmann,
Prof. Kristy Coté, Danny Leavitt, Prof. Dan Real
This seminar is designed to provide practitioners with an
in-depth analysis of how to prepare an appellate brief.
Presenters will focus on the requirements of Neb. Ct.
R. App. P. § 2-109, each section’s purpose, its required
content, and relevant case law in which it is addressed.
_______________________________________________


Friday October 28, 2016 1:15pm - 3:15pm
Windsor VII

1:15pm

Elderlaw Section Seminar
Estate Planning for Parents of Adult Children with
Disabilities
- Nick Halbur, Lisa Line, Mary L. Wilson
This presentation will include information on Special
Needs Trusts, Military Benefit Trusts, ABLE Act accounts
and Standby Guardianships.
_______________________________________________


Friday October 28, 2016 1:15pm - 3:15pm
Windsor I

1:15pm

2:15pm

3:00pm

Hispanic Attorneys Section Meeting
Friday October 28, 2016 3:00pm - 4:00pm
Wingtip

3:15pm

Agricultural Law Section Meeting
Friday October 28, 2016 3:15pm - 4:15pm
Fedora II

3:15pm

Appellate Law Section Meeting
Friday October 28, 2016 3:15pm - 4:15pm
Manhattan II

3:15pm