hilton hotel, burlington mym 2012.pdf · faculty: peter b. kunin, esq., gordon e.r. troy, esq.,...

MCLE Credit

Hours Offered:

Total: 8.0 (incl. up

to 4.5 Ethics)

Hilton Hotel, Burlington

Friday Breakout Meetings Judges Meeting: Vermont Conference Rm, 10am-12pm

State’s Attorneys Meeting: Burlington Conference Rm, 9am-5pm YLD Annual Meeting: Seasons on the Lake, 10am-11am

Thursday, March 22, 2012

3:10 - 5:10 Staying Clear of the PRB Assistance Panels: Client Communication Under the Rules

(2.0 Ethics Credits)

Friday, March 23, 2012

7:30 - 8:30 Registration and Breakfast with Exhibitors

8:30 - 10:00 Concurrent Sessions (1.5 MCLE Credits Each)

Intellectual Property: Seminar #1—Patents

Treatment of Liens in Bankruptcy

Effective Holistic Parent Representation in Dependency Matters

Facilitation Skills for Lawyers

10:00 - 10:20 Break in the Exhibitor Area


Intellectual Property: Seminar #2—Trademarks

What You Always Wanted to Know About Consumer Bankruptcy But Were Afraid to

Ask

Transcription Developments in Vermont

Top Technology Traps and How To Avoid Them (1.5 Ethics Credits)

12:00 - 1:45 Luncheon / Business Meeting / Elections

1:45 - 2:00 Dessert with Exhibitors


Intellectual Property: Seminar #3—Trade Secrets

What Family Court Magistrates Want Practitioners to Know/Child Support Law Update

A Room With a View–Drafting, Litigating & Defending View Easements: A Discussion of

the Private Regulation of Private Property

Foreclosure: Warning! Proceed with Caution!! (incl. 0.5 Ethics Credit)

3:30 - 3:45 Break in the Exhibitor Area


Intellectual Property: Seminar #4—Copyright

This Program Is Brought to You by the Letter “E”: Electronically Stored Information in

the Small to Medium Lawsuit, Part 1

Disaster Planning (incl. 0.5 Ethics Credit)

Seminar Materials

Materials for all programs will be available on our website for download prior to the meeting at

www.vtbar.org

NO WRITTEN MATERIALS WILL BE HANDED OUT

LUNCHEON

MID-YEAR BUSINESS MEETING & ELECTIONS

PRO BONO AWARD PRESENTATION

FRIDAY, MARCH 23, 2012 ~ 12:00-1:45

Business Meeting Agenda

1. Call to order

2. Minutes and Treasurer’s Report 4. Election 5. Pro Bono Award

6. ABA Report 7. VBF Report

8. Old Business 9. New Business

Nominating Committee Report

The VBA Nominating Committee, chaired by

immediate past-president Therese Corsones, met Friday, Dec. 16. The following slate of nominees was approved by the VBA Board of Managers.

President-Elect: David Fenster

Secretary: Edward Tyler

Treasurer: Matthew Valerio

At-Large Board Seat: Gary Franklin vs. Brett Powell At-Large Board Seat: Dan Richardson

At-Large Board Seat: Jennifer Emens-Butler vs.

Erin Gilmore

ABA Delegate: Richard Cassidy Amber Barber, currently president-elect, will auto-

matically ascend to the presidency in September.

Pursuant to Article IV of the VBA Constitution, additional nominations for any office may be made by

petition of not fewer than twelve members in good standing of the Association, filed with the Secretary

at least twenty (20) days before the Mid-Year Meeting. Nominations from the floor are also permitted for

all offices.

ABA Retirement Funds Program

ALPS AVTranz

CGI Employee Benefits Group eScribers, LLC

Exchange Authority First American Title Insurance

Fleischer Jacobs Group Hopeworks

Leggett, Brashears & Graham, Inc.

Pinnacle Financial The Vermont Agency

Vermont Attorneys Title Corporation Vermont Community Foundation

Vermont Community Loan Fund Vt Network Against Domestic

& Sexual Violence Vermont Paralegal Organization

Women Helping Battered Women

PLEASE SUPPORT OUR EXHIBITORS

54th VBA Mid-Year Sponsors:

ALPS Pinnacle Financial Corporation

Thursday, March 22, 2012

1) Staying Clear of the PRB Assistance Panels: 3:10 - 5:10

Client Communication Under the Rules 2.0 Ethics Credits No practice is perfect. Why is it that some problems are no big deal and others end up at the PRB? Client commu-

nication is the key, both to staying out of trouble, managing trouble when it occurs, and even building a thriving

practice. Based on a decade of experience on the Assistance panels of the PRB, as well as recent advances in neu-

roscience and the theory and practice of negotiation and dispute resolution, this program offers tips and processes

that benefit us all and help you steer clear of the PRB.

Faculty: Emily J. Gould, Esq.


8:30 - 10:00 ~ Concurrent Sessions ~ 1.5 MCLE Credit Each

2a) Intellectual Property: What You Need to Know About

Patents, Trademarks, Trade Secrets and Copyright in 2012 and Beyond

Seminar #1—Patents

A special feature of this year’s Mid-Year Meeting is a full track of programs focusing on intellectual property,

sponsored by the VBA’s Intellectual Property Section. Four programs, spread throughout the day, that give you

the opportunity to learn what you want and need to know about the protection, enforcement, and future of the

“four flavors” of intellectual property: patents, trademarks, trade secrets, and copyright. Attend all four or

choose the programs that most interest you.

Faculty: Mark F. Chadurjian, Esq., Stuart P. Meyer, Esq., Thomas S. Valente, Esq.

2b) Treatment of Liens in Bankruptcy

This session tackles the confusing world of the treatment of liens in bankruptcy. Which liens can be avoided

and which cannot? Do you need relief from the automatic stay to perfect a mechanic’s lien? These questions

and many more will be addressed. Participants will leave with a working knowledge of how to properly avoid a

judgment lien in bankruptcy.

Faculty: Michelle Kainen, Esq., Tavian M. Mayer, Esq.


2c) Effective Holistic Parent Representation in Dependency Matters:

Effective Models of Legal & Support Services to Keep Families Together

New research shows that there are often negative long-term outcomes for children removed from neglectful,

non-abusive, homes and placed in foster care, even for relatively short periods in terms of delinquency, teen

parenthood, educational failure, and lower economic potential. This seminar will address crucial questions such

as: How can Vermont develop a successful pre-petition parent representation model, with the goal of keeping

children safely at home? How can the private bar, pro bono attorneys, and low-income advocates collaborate to

make this happen in Vermont? Can we achieve improved outcomes for families while saving public dollars?

Faculty: Pamela A. Marsh, Esq. (Moderator), Trine Bech, Esq., Linda Schoenbeck, Robert H. Sheil,

Nancy Colon Vivoda



Seminar #2—Trademarks

How are federal trademark registrations obtained? How do you protect clients’ international trademark rights?

How do you resolve trademark disputes without involving the courts?

Faculty: Peter B. Kunin, Esq., Gordon E.R. Troy, Esq., Douglas J. Wolinsky, Esq.

2d) Facilitation Skills for Lawyers This seminar is designed to identify the best practices for effective facilitation in group conversations that law-

yers frequently lead (law firm staff meetings, formal client meetings, facilitated negotiations, board meetings,

etc.) and to help you identify and practice responses to obstacles that sometimes challenge effective facilitation.

The goal of the program is to prepare participants for their next real-life facilitated conversation.

Faculty: Susan M. Palmer, Esq.

3b) What You Always Wanted to Know About Consumer Bankruptcy

But Were Afraid to Ask This is your golden opportunity to hear the answers to those questions that no one wants to admit they don’t

already know the answers to. This esteemed panel will be taking on questions obtained anonymously from at-

torneys throughout Vermont. This lively and interactive session promises to be informative, as well as enter-

taining.

Faculty: Michelle Kainen, Esq. (Moderator), Hon. Colleen A. Brown, Andre D. Bouffard, Esq., Jennifer

Emens-Butler, Esq.

8:30 - 10:00 ~ Concurrent Sessions (cont.) ~ 1.5 MCLE Credit Each



3d) Top Technology Traps and How to Avoid Them (1.5 MCLE Ethics Credits) The latest and greatest in computer technology, be it hardware or software, isn’t the final answer when it comes

to reducing exposure to a malpractice claim or avoiding ethical problems. Stated another way, the act of buying

an iPad doesn’t make one a better attorney. In fact, the innocent misuse of technological tools can seriously in-

crease one’s risk. Consider the following: Is failing to use social media as an investigative tool malpractice?

Are there ethical ramifications for failing to educate our clients about the proper use of email? Is the cloud a

good thing? This program will explore these questions and many more with the intent of redefining just what

attorney competency means for those practicing in the 21st century.

Faculty: Mark Bassingthwaighte, Esq.



Seminar #3—Trade Secrets

What does trade secret law protect? How far does the “inevitable disclosure” doctrine go? Should you consider

alternatives to trade secret protection?

Faculty: Matthew B. Byrne, Esq., Walter E. Judge, Jr., Esq., Jane Osborne McKnight, Esq.

4b) What Family Court Magistrates Want Practitioners to Know/Child Support Law

Update Ever wonder what the magistrates really want to see when you are preparing your case? Come find out.

In addition, the program will include a discussion of the latest developments in child support law.

Faculty: Hon. Christine Hoyt, Hon. Barbara Zander, Hon. Barry Peterson, Hon. Shelley Gartner,

Amber Barber, Esq., Patricia G. Benelli, Esq.,

3c) Transcription Developments in Vermont

This seminar is designed to increase the professional competence of attorneys relative to the court record.

Among the topics to be considered are: Best practices and behaviors for ensuring a good court record; Efficient

use of the written transcript for locating material; using material in the preparation of briefs; and cross-

referencing material from multiple cases to draw out specific issues in the law. Panelists are drawn from those

directly involved in recent changes in transcription services in Vermont

Faculty: Marna Murray, Esq., Lolly Esther Bak, Erik Lige

4c) A Room with a View: Drafting, Litigating, and Defending View Easements—

A Discussion of the Private Regulation of Private Property Restricting the use or future development on another property through private regulation is a challenge. It is

difficult to express the complexity of the regulation land in words that future users and their professional advi-

sors will understand. Through the example of a view easement the panel will present strategies to develop, im-

plement, and enforce private restrictions on land. Through sample clauses and a discussion of the potential pit-

falls the panel will demonstrate how the preservation of a particular view presents one of the most difficult

challenges for the drafting attorney. One misstep in language or usage can transform a term intended to pre-

serve a panoramic view into one that protects only a sliver. For litigators seeking to enforce a view easement or

defending against one, the case becomes a struggle to divine the drafter’s intent, the factual effect of the pro-

posed development, and the reality of the sites. This can range from a paper chase through old deeds to full-

blown site inspections and engineering reports. Join our panel of experts as they discuss the best ways to draft

an effective view easement and how to litigate for either side.

Faculty: James E. Knapp, Esq., Brian P. Monaghan, Esq., Liam L. Murphy, Esq.,

Daniel P. Richardson, Esq.






Seminar #4—Copyright

What are the critical issues in copyright licensing? What is copyright infringement and what is “fair use”? What

are the key differences between U.S. and international copyright law?

Faculty: Kathryn Kent, Esq., Andrew D. Manitsky, Esq., Patricia Nelson, Esq.

5b) This Program Brought to You by the Letter “E”: Electronically Stored Information

in the Small to Medium Lawsuit, Part 1 This seminar will kick off a five-part program to familiarize Vermont attorneys handling small and medium

lawsuits, family law, and criminal defense matters with the rapidly expanding issues related to discovering and

presenting electronically stored information as evidence. Part 1 provides an introduction to ESI that will offer a

brief explanation in non-technical terms of the kinds of information that may be stored electronically, the chal-

lenges in assessing the value of pursuing electronically stored information in the typical small case, and the ba-

sic rules applicable to electronically stored information.

Faculty: James E. Knapp, Esq., Gregory Weimer, Esq., and more

4d) Foreclosure: Warning! Proceed with Caution!! (incl. 0.5 MCLE Ethics Credit)

This seminar will attempt to provide guidance through the often murky landscape of the foreclosure process and

the varying interpretations of VRCP 80.1. Discussion will focus on current practices as well as the issues sur-

rounding H. 403, which attempts to address inconsistencies in current procedures. Panelists will discuss fore-

closure from both the lender and the borrower perspectives, as well as ethical issues involving how to deal with

pro se defendants, the assertion of good faith defenses, and the roles of attorneys representing banks and home-

owners.

Faculty: S. Stacy Chapman, III, Esq. (Moderator), Grace B. Pazdan, Esq., David Rath, Esq., Susan J.

Steckel, Esq., Polly Thibault

5c) Disaster Planning (incl. 0.5 MCLE Ethics Credit) What will happen to your firm if a disaster strikes? Recent events have made clear that Vermont lawyers are not

immune to the risks posed by hurricanes, floods, fire, and other natural disasters. What are your ethical obliga-

tions? What are the considerations you should bear in mind when planning for the worst? What can you do

now, what can you put in place now, to protect you, your firm, and your clients in the event of a disaster?

Faculty: Kevin F. Ryan, Esq., Michael E. Kennedy, Esq., David Gile



No registrations will be accepted without

payment in advance. Pre-register to assure your-

self a spot! Space available for walk-ins, but

meals may not be available.

Return to: Vermont Bar Association

PO Box 100

Montpelier, VT 05601-0100

T: 802-223-2020/Fax: 802-223-1573

Or register online at www.vtbar.org

Seminar Materials

Materials for all programs will be available for

download prior to the meeting at

www.vtbar.org.

NO WRITTEN MATERIALS WILL BE HANDED

OUT

For overnight room accommodations, please call the

Hilton Burlington Hotel at 1-800-445-8667 and ask for

Vermont Bar Association Group Rate.

Room Rate guaranteed until March 16, 2012

Driving Directions: From I-89: Exit 14W to Williston

Road/Route 2 which becomes Main Street. Continue past

the University of Vermont campus and follow Main Street

to the bottom of the hill. Turn right onto Battery Street.

Hotel is 1.5 blocks on right.

PARKING GARAGE SPACE IS

$8.00 Day Fee ~ Overnight parking is $10.00

Name _______________________________________________________ Payment Information

Organization__________________________________________________ Enclosed is my check for $ _______________

Address _____________________________________________________ O Visa O MasterCard O Discover O American Express

City, State, Zip________________________________________________ Card# __________________________________________________

Telephone ___________________________________________________ Exp. Date: ______________________________________________

Email ________________________________________________________ Signature: ______________________________________________

*Please specify if you need special accommodations

Registration Fees

Includes breakfast, lunch, breaks

Early Bird (by 03/16/12) After 03/16/12 Your Lunch selection:

___Chicken ___Vegetarian

O VBA Attorney Member

O $150

O $170

Are You Bringing A Guest?

(includes Breakfast/Lunch & Breaks)

O Associate Member O $115 O $135 ___Chicken ___Vegetarian

O Non-VBA Member O $215 O $235 45.00 x # ________ guest

O 70/40 Member O $45(lunch) O $45(lunch)

~ ~ ~Thursday, March 22, 2012 ~ ~ ~

Please indicate what programs you plan to attend.

3:10 - 5:10 (2.0 MCLE Ethics Credits)

1) Staying Clear of the PRB Assistance Panels

~ ~ ~ Friday, March 23, 2012 ~ ~ ~


2a) Intellectual Property Seminar #1

2b) Treatment of Liens in Bankruptcy

2c) Effective Holistic Parent Representation

2d) Facilitation Skills for Lawyers



3b) What You Always Wanted to Know—Consumer Bankruptcy

3c) Transcription Developments

3d) Top Technology Traps & How to Avoid Them (1.5 Ethics)



4b) What Family Ct Magistrates Want You to Know

4c) A Room With a View: Drafting, Litigating & Defending

View Easements

4d) Foreclosure: Warning! Proceed with Caution!! (incl. 0.5 Ethics)



5b) Electronically Stored Info in the Sm.-Med. Lawsuit, Part 1

5c) Disaster Planning (incl. 0.5 Ethics)

55th VBA MID YEAR MEETING ~ MARCH 22 & 23, 2012 ~ HILTON HOTEL, BURLINGTON

Vermont Bar Association

ATTORNEY CERTIFICATE OF ATTENDANCE

Please note: This form is for your records in the event you are audited.

Sponsor: Vermont Bar Association

Activity Title: 55th Mid-Year Meeting

Date: March 22nd & 23rd, 2012

Location: Hilton Hotel, Burlington, Vermont

Circle the programs that you attended.

MCLE credits

Thursday, March 22nd 3:10pm-5:10pm

1) Staying Clear of the PRB Assistance Panels: Client Communication Under the Rules 2.0 Ethics

Friday, March 23rd Concurrent Sessions 8:30am-10:00am

2a) Intellectual Property: Seminar #1-Patents 1.5 General

2b) Treatment of Liens in Bankruptcy 1.5 General

2c) Effective Holistic Parent Representation in Dependency Matters 1.5 General

2d) Facilitation Skills for Lawyers 1.5 General

Concurrent Sessions 10:20am-11:50am

3a) Intellectual Property: Seminar #2-Trademarks 1.5 General

3b) What You Always Wanted to Know About Consumer Bankruptcy But Were Afraid to Ask 1.5 General

3c) Transcription Developments in Vermont 1.5 General

3d) Top Technology Traps and How To Avoid Them 1.5 Ethics

Concurrent Sessions 2:00pm-3:30pm

4a) Intellectual Property: Seminar #3-Trade Secrets 1.5 General

4b) What Family Court Magistrates Want Practitioners to Know/Child Support Law Update 1.5 General

4c) A Room With a View-Drafting, Litigating & Defending View Easements: A Discussion of the Private Regulation of Private Property

1.5 General

4d) Foreclosure: Warning! Proceed with Caution!! 1.5 Total (includes 0.5 Ethics)

Concurrent Sessions 3:45pm – 5:15pm

5a) Intellectual Property: Seminar #4-Copyright 1.5 General

5b) This Program Is Brought to You by the Letter “E”:Electronically Stored Information in the Small to Medium Lawsuit, Part 1

1.5 General

5c) Disaster Planning 1.5 Total, (includes 0.5 Ethics)

Luncheon addresses, business meetings, receptions are not to be included in the computation of credit. This

form denotes full attendance. If you arrive late or leave prior to the program ending time, it is your

Responsibility to adjust CLE hours accordingly.

hilton hotel, burlington mym 2012.pdf · faculty: peter b. kunin, esq., gordon e.r. troy, esq.,...

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