CLE “Law Over Easy” Series
Produced in partnership with KU School of Law and KU Continuing Education, this new series will showcase popular speakers who will present relevant topics to keep you updated on recent developments on such topics as Civil Litigation and Ethics. Enjoy refreshments, network with colleagues and earn CLE’s at these events that are sure to deliver engaging content. Register today to reserve your spot.
US Supreme Court Review & Appellate Practice
September 25, 2014 • 7:30–10:30 a.m.
Kansas City—River Market Event Place
- 7:30–8:20 a.m.
US Supreme Court Review: Major Cases Decided during the 2013–2014 Term • Steve McAllister & Toby Crouse
- This session will review important cases the Supreme Court decided in its most recent term, including on topics such as criminal procedure, affirmative action, campaign finance, religious freedom, cell phone searches, qualified immunity and a variety of other topics of interest to the practicing bar.
- 8:30–9:20 a.m.
US Supreme Court Review: Major Cases Pending for the 2014-2015 Term • Steve McAllister & Toby Crouse
- This session will preview cases already on the docket for the Supreme Court’s upcoming term, which begins on October 6. Cases include a wide range of topics such as religious freedom, employment discrimination, antitrust and business issues, and a Kansas case involving a dispute between Kansas and Nebraska over the water in the Republican River Basin.
- 9:20–9:40 a.m.
- 9:40–10:30 a.m.
Principles of Persuasive Writing: Creating the Perfect Brief • Pam Keller
- This session will focus on ways to maximize the impact of your litigation briefs. We’ll discuss the style techniques that will make your writing more persuasive and the new typography standards that will modernize your documents.
Emerging Trends in Corporate Law
November 14, 2014 • 7:30–10:30 a.m.
Overland Park, Kan.—KU Edwards Campus
- 7:30–8:20 a.m.
Emerging Trends in Business Organizations: Controlling Shareholder Freeze-Out Mergers • Webb Hecker
- Professor Hecker will discuss Kahn v. M & F Worldwide Corp., 88 A.3d 635 (Del. 2014) and its practical ramifications. Widely heralded as one of the most important Delaware corporate law decisions of 2014, this opinion clearly and unequivocally holds that the business judgment rule is the proper standard of review of freeze-out mergers conditioned initially by the controlling shareholder on approval by both a fully empowered committee of independent directors and a fully informed, uncoerced “majority of the minority” shareholders. This case represents a paradigm shift in what has been the conventional wisdom of the last three decades.
- 8:30–9:20 a.m.
Emerging Trends in Business Organizations: New Entity Forms • Virginia E. Harper
- This session introduces benefit corporations (B-Corps), low-profit limited liability companies (L3Cs), and other new entity forms that have been recently adopted by many states and may well be coming to a jurisdiction near you. What might they offer clients? What are the key variations among leading states? What do recent trends suggest about their usefulness, and what challenges do they raise?
- 9:20–9:40 a.m.
- 9:40–10:30 a.m.
Emerging Trends in Business Organizations: Parents, Subsidiaries and Affiliated Entities • William Quick
- This session will discuss considerations and best practices in the operation of various types of business entities, as well as multi-tiered ownership and operation of business enterprises.
- Annual Update to Federal and Kansas Civil Procedure – Lou Mulligan
- Recent Developments in Class Action Law – Laura Hines
- Professionalism Codes and Guidelines for Litigation Conduct – Suzanne Valdez
SummaryThe accelerating decline in professionalism—often referred to as "civility"—has been the subject of increasing concern to the law profession for many years. The American Bar Association has urged adoption of, and adherence to, civility codes. The American Bar Association Guidelines for Litigation Conduct are modeled on the Standards for Professional Conduct adopted by the United States Court of Appeals for the Seventh Circuit, a set of proven aspirational standards. The civility in the legal profession is inextricably linked to the way in which lawyers are perceived by the public—and, therefore, to the deteriorating public confidence that our system of justice enjoys. This 1-hour ethics presentation will review and discuss that the ABA Guidelines for Litigation Conduct and other professionalism codes related to litigation conduct.
- Writing Tips for the Litigator – Pam Keller
SummaryWriting Tips for the Litigator. This session will focus on ways to maximize the impact of your writing. To maximize impact, you need to focus on both your writing style and the visual presentation of your work. We will discuss (1) writing style techniques that improve clarity, flow, and overall persuasiveness, and (2) tips for applying current typography standards to modernize your litigation documents.
- E-Discovery – Judge David Waxse
SummaryJudge Waxse’s presentation will address the new District of Kansas Guidelines for Cases Involving Electronically Stored Information (ESI). In particular, Judge Waxse will address the principles underlying the new rules and key definitional terms. He will discuss the importance of counsel’s role and duties prior to filing a case. He will address the unique e-discovery matters germane to the initiation of a civil suit. And finally he will examine how the new rules direct the e-discovery process in the federal courts in Kansas.
- Recent Developments In Kansas Legal Ethics • Suzanne Valdez
SummaryThe Kansas Supreme Court adopted a number of important changes to the Kansas Rules of Professional Conduct. These amendments became effective March 1, 2014. This one-hour CLE presentation will identify and summarize those changes, as well briefly summarize the ABA Ethics 20/20 rules that were not adopted by Kansas.
- Legal Responses to Drought • John Peck • Carl W. Hartley • Michael J. Armstrong • Gary Hanson
SummaryThis session on water law will have presenters discussing legal responses to drought, both generally and in Johnson County. Professor Peck will provide an overview of those responses in Kansas—legislative, judicial, and administrative. This overview will be followed by presentations by lawyers representing public water suppliers in Johnson County who will describe their clients’ geographical jurisdictions, the sources of their water supplies, and their responses to drought situations. These presenters are Mike Armstrong, General Manager of Johnson County Water District No. 1; Gary Hanson of Stumbo Hanson, LLP, Topeka, who represents Johnson County RWD No. 7; and Carl Hartley of Carl W. Hartley, L.L.C., Paola, who represents Miami RWD #2.
SpeakersJohn PeckJohn C. Peck is a professor of law at the KU Law School, where he teaches courses in water law, contracts, land transactions, and family law. He graduated from K-State with a degree in civil engineering in 1978, and he spent three years in Washington, D.C. working for the U.S. Public Health Service and the U.S. Environmental Protection Agency. He obtained his J.D. from the KU Law School in 1974. After four years of law practice in Manhattan, he joined the KU faculty in 1978. He holds a Connell Teaching Chair in the law school. He writes articles and book chapters and gives CLE programs on Kansas water law. He has also done work and given programs in several countries in Asia and Europe. In 1996, he joined Foulston Siefkin LLP as a part-time special counsel, and he does legal consulting for the firm in the areas of water rights and land transactions. He has represented cities, golf courses, irrigators, and businesses, on issues regarding obtaining, maintaining, and changing water rights. He also helped write the recently adopted title standard for water rights for the Kansas Title Standards Committee, and he serves on the board of editors of the KBA Journal.Carl W. HartleyCarl W. Hartley of Paola, a lawyer practicing in rural Miami County, Kansas for over 30 years, received his law degree from the University of Kansas School Law in 1973. Since his graduation, his private legal practice has included representing Kansas rural water districts. Representing Miami County RWD 2, one of the largest Kansas rural water districts, for more than 25 years, he has assisted managers and boards in drafting and negotiating water supply contracts between the district and a variety of purchasers and providers. These include contracts with the city of Spring Hill, Johnson County Rural Water District No. 7, and the city of Edgerton. He has also drafted water supply cooperation agreements with Water One. He regularly attends monthly meetings of water district boards advising water districts on a regular basis with respect to the administration of rural water districts and rendering legal opinions with respect to issues confronting both purchasers and sellers of water. He is a regular presenter at the annual Kansas Rural Water Association Attorney Forum. In addition, he has litigated water district cases in the district courts of Kansas; the Court of Appeals of Kansas and the Supreme Court of Kansas.Michael J. ArmstrongMichael J. Armstrong has served as General Manager of Water District No. 1 of Johnson County, Kansas (WaterOne) since 2003. WaterOne is the public water supplier for most of Johnson County, Kansas, currently serving over 400,000 people and supplying water to numerous Johnson County cities. Mr. Armstrong is responsible for the daily administration of WaterOne. Prior to becoming General Manager, he served as General Counsel and Director of the Legal/Auditing Division for five years. He is a graduate of Kansas State University with a Bachelor of Arts degree in Political Science, and has a Law Degree from the University Of Kansas School Of Law. He is also a graduate of the Water and Wastewater Leadership Center at the University of North Carolina at Chapel Hill and an active member of the American Water Works Association, and he chairs the Water Utility Council of the Kansas AWWA Section. Mr. Armstrong was appointed by the Assistant Secretary of the Army and the U.S. Army Corps of Engineers to represent Water Supply Stakeholders on the Missouri River Recovery Implementation Committee, which is a collaborative stakeholder committee developed to advise the Corps on operations and management of the Missouri River.Gary HansonGary Hanson is a partner in the firm of Stumbo Hanson, LLP in Topeka. Gary received his undergraduate degree in economics and political science from Eastern New Mexico University in 1978 and his Law degree from the University Of Kansas School Of Law in 1982. The Firm represents local governments on a variety of matters across the State of Kansas, serving as general counsel to over 30 Rural Water Districts and as City Attorneys to 17 small cities. Gary represents Rural Water District No. 7, Johnson County. In addition, he advises a number of businesses, farms, and ranches on matters involving water rights, land acquisition, land use, and other legal issues, and he also litigates those matters in the State and Federal Courts. In March of each year, Gary facilitates a program on behalf of the Kansas Rural Water Association for Water system lawyers.
- Regulatory Developments at the EPA • Uma Outka
SummaryThis session will provide an overview of major regulatory initiatives at the EPA, with a focus on regulation intersecting with the energy sector, including rules addressing carbon pollution from existing and new power plants and coal combustion residuals.
Previous CLE Series Events
Civil Litigation Updates—class cancelled
May 1, 2014 • 3:00–5:00 p.m.
5:30–7:00 p.m. • Reception
March 6, 2014 • 7:30–10:30 a.m.
Kansas City—River Market Event Place
Topics in Legal Ethics, Water Law, & Environmental Law
June 26, 2014 • 7:30–10:30 a.m.
Overland Park—Edwards Campus
Approved for 3 CLEs, including 1 hour of ethics, in Kansas and Missouri
7:30–8:20 a.m.—Suzanne Valdez
8:30–9:20 a.m.—John Peck
9:40–10:30 a.m.—Uma Outka