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Super CLE Week XXXIII: March 15-23, 2013

Register now for Super CLE 2013! Register online by Credit Card or Check!
See brochure for details.

During spring break, Law School faculty members will offer continuing legal education opportunities on a range of relevant topics.

A total of 47 CLE credits have been approved
(including 5 ethics and 2 bias).

All courses will be held in Room 20. Registration begins at 8:00 a.m.; seminars start at 8:30 a.m. and end at 4:30 p.m.
(except Friday, March 15, when the seminar begins at 1:00 p.m. and ends at 4:30 p.m., and Saturday, March 23, when the seminar begins at 9:00 a.m. and ends at 3:00 p.m.).

Individual courses cost $225 each. For those attending multiple courses, a six-course SuperPass is available for $795, with additional courses only $75.

For more continuing-education information, contact Law School CLE at LSCLE@umn.edu

Friday, March 15
Don't Let Your Client's Office Become "The Office": Employment Law Updates Affecting Your Client's Businesses

Leonard, Street and Deinard presentation by
Dominic Cecere and Amy Conway

1:00 p.m. - 4:30 p.m.
3.0 CLE credits approved
Event #174707


While "The Office" makes for good entertainment, no one wants the antics at the Dunder Mifflin Paper Company to actually happen at their office! This three-hour seminar will bring recent developments in employment law to life by showing how "The Office" handled a situation incorrectly, and how you or your client can handle it right.

First, the seminar will discuss the National Labor Relations Board's rulings regarding social media policies and how those decisions impact broader employment policies. Next, the seminar will address new guidance from the Equal Employment Opportunity Commission regarding employee or job applicant background checks. This portion of the seminar will include a larger discussion of best practices in the hiring process. Finally, the seminar will discuss strategies for maintaining positive employee relations and avoiding the "lawsuit waiting to happen" situation that occurred when there was talk of unionizing at Dunder Mifflin.

Richard W. Painter

Saturday, March 16
Recent Developments in Securities Law:
Private Litigation and SEC Enforcement Highlights and New Rules for Public and Private Offerings after the JOBS Act of 2012

Professor Richard W. Painter
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.
4.5 standard & 2.0 ethics CLE credits approved
Event #174708


After an overview of SEC enforcement powers and private rights of action, this CLE program will discuss major developments in securities litigation in 2012 and early 2013. These include a pending case before the United States Supreme Court in which the Court will decide what a securities class action plaintiff is required to show at the class certification stage, and another case in which the Court will decide when the five year statute of limitations begins to run in SEC enforcement actions. We will also discuss cases in which the SEC has used its enforcement powers pursuant to the Dodd-Frank Act of 2010 as well as continuing difficulties courts have determining the application of federal and state securities laws to transactions outside the United States since the Supreme Court addressed this issue in Morison v. National Australia Bank (2010).

On the transactional side, the program will include a brief overview of disclosure requirements in public and private securities offerings and the SEC's new capital formation rules promulgated pursuant to the JOBS Act of 2012, which mandated significant deregulation of both public and private offerings. Transactional lawyers will learn how to assist clients in raising capital through "crowd funding," and when the new rules allow solicitation of accredited investors for private placements. Because the "cap" for Regulation A offerings will be raised from $5 million to $50 million under the JOBS Act, the new Regulation A rules will also be discussed. Another important topic is the "public float" threshold for reporting companies, which will change for some issuers from 500 to 2000 shares, as well as the rules for ceasing to be a reporting company ("going dark") when the public float goes below the specified amount. We will also review new disclosure requirements – and risk management requirements -- after the JOBS Act and the Dodd-Frank Act.

Two hours in the morning will be devoted to topics related to ethics including the SEC's rules of professional conduct for securities lawyers, fraud suits and enforcement actions against lawyers and case law on the in pari delicto defense to suits brought against lawyers and other professionals in Ponzi schemes and similar situations.

Monday, March 18
The Freedom of Speech Since World War I

Professor Dale Carpenter
University of Minnesota
Law School


8:30 a.m. - 4:30 p.m.
6.5 CLE credits approved
Event #174709


This CLE will examine the Supreme Court's interpretation and application of the First Amendment's protection of speech and freedom of association. It will begin with theories of the role of speech in a free society. It will then examine the first inklings of judicial protection for speech starting with the World War I Espionage Act cases. Categories of "unprotected" speech will be analyzed, including incitement, fighting words, libel, threats, and obscenity. The critical distinction between content-based and content-neutral restrictions on speech will be discussed in cases involving matters like flag-burning, nude dancing, and zoning restrictions on adult establishments. Recent cases involving the protection of commercial speech and campaign finance restrictions will be addressed. Finally, an introduction to the freedom of association will also be included.

Tuesday, March 19
Hot Topics in Family Law

Professor Brian Bix
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.
6.5 CLE credits approved
Event #174710



There have been a number of important family law cases recently resolved by the Federal Appeals Courts, where the challenges have also been brought to the United States Supreme Court. This course will discuss these disputes, evaluating critically not only the appellate court opinions but also the arguments offered by advocates in their Petitions for Certiorari to the Supreme Court. Additionally, the course will cover other family law issues that have dominated the news in the past year; topics that may be covered range from same-sex marriage to surrogacy to premarital agreements and to the proposed changes in rules for custody and alimony. Though the course will focus on national principles and issues, there will be some focus on Minnesota legislation and case-law.

Wednesday, March 20
Litigation over Climate Change: Key Developments and Regulatory Impacts

Professor Hari M. Osofsky
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.
6.5 CLE credits approved
Event #174711



Litigation has played a crucial role in developing climate change law and policy in the United States and globally. In the United States, the Supreme Court has twice decided cases related to climate change regulation and numerous lower federal courts and state courts have heard cases involving climate change under both statutory and common law. The first of the Supreme Court decisions, Massachusetts v. EPA, forms the basis for federal regulation of greenhouse gas under the Clean Air Act. The second of these decisions, AEP v. Connecticut, reinforced the appropriateness of Clean Air Act regulation and limited federal common law public nuisance suits over climate change. The largest volume of litigation over climate change, though, is suits over coal fired power plan permitting, which impact efforts to develop and expand coal power increasingly.

This Super CLE will focus on climate change litigation and its regulatory role, particularly highlighting major cases and new developments. It will begin by providing an overview both of international and national climate change regulation and of the wide range of cases that have been brought regarding climate change in the United States and around the world. It will then describe some key cases attempting to force or limit regulation and attempting to shape the behavior of major emitters. It will conclude by exploring the many direct and indirect ways in which this litigation is shaping and being shaped by evolving climate change regulation.

Claire A. Hill

Thursday, March 21
Corporate Governance in the New Millennium

Professor Claire A. Hill
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.
6.5 CLE credits approved
Event #174712



This CLE will explore various current issues in corporate governance. Among the issues we will consider are: To what extent is corporate law and corporate governance becoming "federalized" given Sarbanes-Oxley and Dodd-Frank? What effect have the new rules on "say on pay" and proxy access had? What are the trends regarding the role and definition of independent directors? How has the crisis affected boards' monitoring duties? This CLE will also consider challenges to the "shareholder primacy" paradigm, especially challenges prompted by the crisis.

Edward S. Adams

Friday, March 22
MBA Concepts for Lawyers

Professor Edward S. Adams
University of Minnesota
Law School

8:30 a.m. - 4:30 p.m.
6.5 CLE credits approved
Event #174713



We are in a remarkable time. The government is printing money at an unprecedented pace. Looming budget deficits promise to dramatically increase interest rates. Do you believe you know where the stock market is heading? Do you understand basic business concepts? Can you communicate with businesspeople using their terms? Do you believe you might be a more valued attorney to your clients if you could talk the talk and walk the walk of business? This course provides you with an overview of the relevant quantitative skills acquired by and concepts introduced to M.B.A. students during their two-year course of study. Among other things, this course will teach you how to:

  • Understand basic accounting principles;
  • Read an annual report and analyze financial statements;
  • Look beyond mere numbers to gauge the real financial performance and strength of an entity; and
  • Employ cash flow analysis to value a business or determine the potential financial risks or rewards of an investment opportunity.

America is in a period of tremendous change. Now, more than ever, understanding basic business concepts is indispensable to an effective and successful legal career. Those who understand business promise to thrive, or at least survive, in their careers. Those who cannot, risk being left behind, or worse.

Saturday, March 23

Professor Stephen M. Simon
University of Minnesota
Law School

9:00 a.m. - 12:00 p.m.
3.0 ethics credits approved
Event # 174714

1:00 p.m. - 3:00 p.m.
2.0 bias credits approved
Event # 174716


The Morning Session (Three Hours)

Ethics and the Practice of Criminal Law

This course will examine ethical issues, from both the prosecution and defense perspective, that have arisen in actual criminal cases. We will use these cases as vehicles to discuss the application, interplay and often the conflict of the rules of professional conduct, attorney-client privilege, competency of counsel and the duty of the prosecutor to seek justice. Criminal cases are fast moving and criminal trials, by their very nature, inherently involved many ethical issues. An attorney facing an ethical issue during a criminal trial or pre-trial court appearance must make a rapid decision about how to proceed. Often the decision involves conflicts between the rules of professional conduct, the attorney-client privilege and the defendant's constitutional entitlement to a competent attorney. Ethical issues arising in criminal cases that Professor Steve Simon has participated in over the past 38 years will be the vehicles to discuss Ethics and the Practice of Criminal Law. Over the last 38 years Professor Simon has been a public defender, a prosecutor, an attorney in private practice doing criminal defense work and, for the last 30 years, Director of the Misdemeanor Defense and Prosecution Clinics at the University of Minnesota Law School. Professor Simon is also the founder and director of the Judicial Trial Skills Training Program at the Law School. We will also discuss ethical issues that participants attending the course have experienced in their own practice.

The Afternoon Session (Two Hours)

Identifying and Eliminating Bias and Discrimination in the Legal System: Codes, Cases, and Other Constraints

In 1989, the Minnesota Supreme Court's Gender Fairness Task Force issued its final report. In 1993 the Task Force on Racial Bias issued its report. Since 1989, over 40 jurisdictions, both state and federal, have issued reports on gender or race bias in the legal system. Minnesota has also done studies of the issues faced by persons with disabilities in the legal system. These studies have uniformly found, to one degree or another, that gender and race bias by lawyers, judges, court personnel, parties and witnesses are still a fixture of the legal system. Professional rules, both for lawyers and judges, have been amended to reflect the reality of these findings. The rules and codes attempt to define such behavior as unprofessional. In many jurisdictions, lawyers are prohibited from engaging in conduct that violates laws against discrimination, or from engaging in conduct which would be considered sexual harassment. Judges have an affirmative duty to prevent biased behavior in their courtrooms.

What does this all mean for the practicing lawyer? In this half-day course we will examine a number of issues in this challenging and changing area. The course will review the studies, rules, codes and cases. We will discuss specific scenarios for lawyers and judges and the appropriate actions for lawyers and judges to prevent and correct conduct that violates professional norms.