2014 MSBA Summer Meeting. Samoset Resort June 25-27

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1 2014 MSBA Summer Meeting Samoset Resort June 25-27

2 Welcome Congratulations, Dia Greetings to all of my colleagues and friends in our Maine State Bar Association: I look forward to seeing you at the MSBA 2014 Summer Meeting on June 25-27, at the Samoset Resort in Rockport. It s nice to be heading back to the Midcoast! MSBA staff and I have been working diligently to ensure a seamless presentation of workshops and social events. This Summer Meeting will provide you with exceptional opportunities to learn, improve your practice, socialize with your colleagues, fulfill CLE requirements, and enjoy a beautiful region of Maine. We will open with a welcome reception on Wednesday, June 25, at 5:30. Get the day started on Thursday and Friday with an early-morning boot camp, and yoga following boot camp on Friday. We ve scheduled free time on Thursday afternoon to enjoy the Samoset or nearby attractions, and golf tee-times are available at the hotel. Keep Thursday evening clear for a lively reception and dinner to cap a full day of CLE and other activities. A wide range of sessions are scheduled throughout Thursday and Friday, providing guidance in such areas as equity fundraising, the grand jury process, ERISA disability insurance cases, bankruptcy and the family court, data and cybersecurity, sex trafficking in Maine, personal injury, financial statement analysis, succession planning, the threat to eliminate GALs, the use of focus groups in civil litigation, a variety of ethics-related topics, and more. Seminars on Casemaker, the MSBA s exclusive online legal research tool, will take place both days. The Main presente the Disti Annual D for her s to the le her long Universit www. On Thursday we will honor our 50-year members and present the John W. Ballou Award to Matthew C. Dyer and the Vincent L. McKusick Award to Evan J. Roth, and Juliet Holmes-Smith will present her VLP Director s Award. The jazz duo Encatado will provide musical entertainment during Thursday s reception and dinner. Friday we will present the Caroline Duby Glassman Award to Virginia E. Davis. Please see pages 4 and 12 for more information about this year s award recipients. Finally, I encourage you to please visit our exhibitors, who offer a range of practicerelated products and services. Not only do they offer value to MSBA members, they help the MSBA keep down the cost of your meetings. See you in Rockport! Cover art by Erinn McCusker On facebook https://www.facebook.com/arteffectsllcstudioandgallery. 2

3 Featured Product and Service Providers The Maine State Bar Association appreciates the support and patronage of the following featured product and service providers, and encourages attendees to stop by their exhibit spaces or contact the MSBA to learn more. Major Meeting Sponsor ALLEN / FREEMAN / McDONNELL AGENCY Meeting Sponsors and Exhibitors Corporate Patrons We also thank our Corporate Patrons, who support the MSBA throughout the year. ALLEN / FREEMAN / McDONNELL AGENCY 3

4 Congratulations to our 2013 and 2014 Life Members Forrest W. Barnes Houlton Severin M. Beliveau Augusta The Honorable Carl O. Bradford Portland Elton A. Burky Greenville Douglas B. Chapman Bar Harbor John A. Chevrier Oxford, MS Jed Davis Augusta Roger S. Elliott Venice, FL Jerome F. Goldberg Portland Matthew S. Goldfarb Cumberland Foreside William S. Hanley Brooklin Donald G. Lowry Portland The Honorable Donald H. Marden Oakland David C. Murphy Hampton, NH Charles L. Nickerson Sanford Earle J. Patterson Kennebunk Jack H. Simmons Lewiston Robert E. Stevens Portland Joseph T. Walsh, Jr. Bangor Wednesday, June 25 3:00-5:00 Registration Open 3:00-5:00 Section Business Meetings: Environmental & Energy, Litigation, Veterans Law 5:30-7:00 Welcome Reception Thursday, June 26 6:00-6:30 Boot Camp with Shawna 7:00 Registration Open 7:30-8:30 Continental Breakfast Past Presidents Breakfast 8:30-9:30 Concurrent Sessions (1.0 CLE credit, unless otherwise noted) 1. The Hidden Pitfalls of the Grand Jury Process Matthew K. Libby, Thomas S. Marjerison and Johnathan G. Nathans 2. Legal Landscape for Equity Fundraising Changing Fast... Sort of Christopher C. Dana and Aaron M. Pratt 3. The Nuts and Bolts of ERISA Short- and Long-Term Disability Insurance Cases Ann M. Courtney and Gisele M. Nadeau 4. Stand Up. Act Right. Choose Civility. (1.0 ethics) Aria Eee, Malcolm L. Lyons, Hon. John C. Nivison and William C. Nugent 9:45-10:45 Concurrent Sessions (1.0 CLE credit) 5. Demystifying the Business Valuation Process Arthur H. Marshall and Seth E. Webber 6. Medicine and the Law: Enhancing Cooperation Between the Professionals Moderator: Sumner H. Lipman. Panelists: Michelle Allot, Dr. Andre Nadeau, Dr. Brian Pierce and Ellsworth T. Rundlett III 7. Unleashing the Power of Casemaker Rebecca Skeeles, Casemaker 8. Winning Summary Judgment Heidi J. Hart and Hon. Joyce A. Wheeler 10:45-11:15 Event Sponsor Break: Visit each exhibitor and be entered to win a special prize. 11:15-12:15 Concurrent Sessions (1.0 CLE credit, unless otherwise noted) 9. Business Entity Selection for the Non-Tax Lawyer Christopher G. Stevenson 10. Clash of the Titans: Bankruptcy Court Meets Family Court E. Chris L Hommedieu 11. Privacy, Data Security and Cybersecurity... A Blissful Walk Through Hidden Minefields Brian L. Champion and Alfred C. Frawley III 12. Sex Trafficking? We re in Maine. (includes 0.25 ethics) Megan L. Elam, Kevin G. Moynihan and Hon. Joyce A. Wheeler 13. Stress Busters, Relaxation Techniques and Energy Boosters for the Busy Professional Deb Bergeron, Ocean of Possibilities 12:15-2:00 Awards Luncheon 2:00-5:30 Free Time (Golf tee times available) 5:30-6:30 Reception 6:30-8:30 Dinner 4

5 Friday, June 27 6:00-6:30 Boot Camp with Shawna 6:30-7:15 Yoga with Marcia 7:00 Registration Open 7:30-8:30 Buffet Breakfast & MSBA Annual Business Meeting 8:45-9:45 Concurrent Sessions (1.0 CLE credit, unless otherwise noted) Weaknesses in Personal Injury Cases and Potential Defenses Used by Insurance Companies to Deny or Minimize Claims Ellsworth T. Rundlett III 15. The Ethical Implications of Social Media: Judges, Lawyers and Juries (1.0 ethics) Robert P. Cummins, Devin W. Deane, Aria Eee, and Hon. John H. O Neil Jr. 16. Maine s Improvident Transfer of Title Act: Yesterday, Today and Tomorrow (includes 0.5 ethics) Peter B. Bickerman, Denis Culley, John F. Lambert and Sally M. Wagley 17. My Brother s Keeper (Or Not): Fiduciary Obligations of Partners, Shareholders, Officers, Directors, Members, and Managers Paul McDonald and Daniel J. Murphy 10:00-11:00 Concurrent Sessions (1.0 CLE credit, unless otherwise noted) 18. The Elimination of GALs and the Silencing of a Voice for Children: What Lawyers Need to Know Dana E. Prescott 19. Introduction to Financial Statement Analysis Arthur H. Marshall and Seth E. Webber 20. Judicial Notice and Other Underused Evidentiary Measures Hon. William R. Anderson, Hon. Peter G. Cary, Hon. John C. Nivison and Deirdre M. Smith 21. Succession Planning: Managing the Transition from Start to Finish Mark Bassingthwaighte, ALPS (1.0 ethics) 11:00-11:30 Event Sponsor Break: Visit each exhibitor and be entered to win a special prize. 11:30-12:30 Concurrent Sessions (1.0 CLE credit) 22. Legal Consideration: Valuation & Division of Marital Assets Jonathan M. Dunitz, Eric Purvis and Karen Frink Wolf 23. Unleashing the Power of Casemaker Rebecca Skeeles, Casemaker 24. The Use of Focus Groups for Trial Strategy and Settlement Value in Civil Litigation Jerrol A. Crouter, Timothy M. Kenlan, James E. O Connell III and Daniel Rapaport 12:30-2:00 Caroline Duby Glassman Award Luncheon Hotel Information Headquarters Hotel Samoset Resort 220 Warrenton Street Rockport, ME Rates: $189-$209/night (plus taxes) Call the Samoset at and let them know you are with the Maine State Bar Association Summer Meeting. Rates are guaranteed through May 25. If you need to cancel your reservation, you must do so three days prior to your arrival date or you will be charged a fee equal to one night room rate. Additional Area Hotels Hampton Inn & Suites Rockland 190 New County Road Thomaston, ME Rate: $160/night (plus taxes) Call the Hampton Inn at and let them know you are with the Maine State Bar Association Summer Meeting. This rate is guaranteed through June 1. Cancellation policies may vary depending on the rate or dates of your reservation. Please refer to your reservation confirmation to verify your cancellation policy. If you need further assistance, call the hotel directly. Strawberry Hill Seaside Inn 886 Commercial Street Rockport, ME Rate: $129/night (plus taxes) Call the Strawberry Hill Seaside Inn at to reserve your room. All cancellations must be received 72 hours (3 full days) prior to your arrival date, otherwise you will forfeit your room deposit for each room booked. The day you are to arrive does not constitute a part of the reservation cancellation time period. Changes to reservations must also be made 72 hours prior to check-in. Changes to reservations cannot be made at check-in and you will be responsible for all nights that you booked. 5

6 Thursday, June 26 8:30-9:30 Concurrent Sessions 1. The Hidden Pitfalls of the Grand Jury Process A state or federal grand jury subpoena often causes consternation not only for clients, but also attorneys. The grand jury process is a powerful tool for law enforcement, but attorneys may face significant legal and ethical risks if they fail to properly follow grand jury secrecy rules or misuse materials produced through a grand jury subpoena. In the state system, the grand jury secrecy rules are more often honored in the breach than in observance. This presentation will review the protections and requirements of Rules 6 & 17(d), and will provide tips on limiting the use and dissemination of evidence produced to the grand jury. Matthew Libby, Thomas Marjerison and Jonathan G. Nathans 2. Legal Landscape for Equity Fundraising Changing Fast... Sort of The last 12 months have seen a flurry of activity surrounding the laws governing the ability of private companies to raise funds and sell equity stakes to investors. The Securities and Exchange Commission has issued and proposed several rules in this area, and most recently Maine has enacted its own crowd-funding bill. Making sense of all these regulatory changes can be challenging, and unfortunately much published information about these laws has been more confusing than helpful. This session will summarize the current legal landscape, explain the potential of the new laws, and show why, for many companies, nothing much has changed. The session will also highlight some of the principal pitfalls, apart from the securities regulations, that smaller companies face when bringing in new investors. Christopher C. Dana and Aaron M. Pratt 3. The Nuts and Bolts of ERISA Short- and Long-Term Disability Insurance Cases If a potential client wants you to represent her in a group disability insurance matter, there are many things you should know. Attend this program to hear from plaintiff and defense counsel as they dissect ERISA disability cases. What should counsel be looking for in a claim file? How much weight should be given to attending physician reports? IMEs? FCEs? How does one value the contract in these cases? ERISA is meant to encourage employers to provide benefits to their employees, ensure stability in court reviews and keep litigation costs low. This program will explore the claims process as well as the manner in which these cases are reviewed by the court. Finally, this program will provide insight as to how pre-litigation resolution helps both parties avoid litigation and save costs. Ann M. Courtney and Gisele M. Nadeau 4. Stand Up. Act Right. Choose Civility. Please join U.S. Magistrate Judge John Nivison, and Attorneys Malcom Lyons, Bill Nugent and Aria Eee as they discuss the increasing importance of civility in today s trial practice. The panel will address the apparent decline in civility among members of the bar; the effect of electronic media on attorney communication and behavior; the decline of in-person contact among lawyers and its impact on civility; the role of civility in effective advocacy; ethical and personal concerns arising from incivility; and proposals for improving and preserving civility in the Maine bar. Even if you are confident about your own professionalism, this panel presentation promises to deliver new ideas and insights into addressing the unique challenges of incivility and decreased decorum in our ever-changing practice of law. Aria Eee, Malcolm L. Lyons, Hon. John C. Nivison and William C. Nugent 9:45-10:45 Concurrent Sessions 5. Demystifying the Business Valuation Process For many attorneys and their clients, business valuation is a mystifying process. Information is collected. An opinion is rendered. How exactly does a vast pool of data get distilled into a concise opinion of value? Experts from Berry- Dunn s Valuation & Forensic Services Group present an overview of the valuation process, designed to lift the veil and make the entire process more approachable for attorneys and their clients. Topics to be addressed include: The overall process of developing an opinion of value; What kinds of information are considered to evaluate a business; The importance of historic financial performance and forecasted financial performance; Different valuation methods; An overview of discounts and when they might be applied; How a final opinion of value is determined; Practice pointers on some key drivers (up and down) of value; and What to look for in a valuation report. Arthur H. Marshall and Seth E. Webber 6

7 6. Medicine and the Law: Enhancing Cooperation Between the Professionals The Medical-Legal Code of Cooperation among the MSBA, Maine Trial Lawyers Association, Maine Medical Association, and the Maine Chiropractic Association is designed to foster cooperation among medical and legal professionals in civil proceedings. After a brief introduction to review the use of the code, attendees will participate in a panel discussion about the relationship between lawyers and physicians in civil proceedings. Moderator: Sumner H. Lipman. Panelists: Michelle Allot, Dr. Andre Nadeau, Dr. Brian Pierce and Ellsworth T. Rundlett III 7. Winning Summary Judgment The outcome of a motion for summary judgment often hinges on how well (or how poorly) the attorneys involved understand the law and the procedure that governs the process of summary judgment. During this session, a trial judge (and former litigator) and a litigator (and former law clerk) will delve into the standards for summary judgment, guide you through the applicable procedure, offer insights from their own experience to help you avoid many of the common mistakes that can derail success at this stage of litigation, and perhaps help you win your next summary judgment motion. Specific topics will include: The differences between summary judgment motions and motions to dismiss and why understanding those differences matters; Drafting statements of fact in accordance with Rule 56(h) and the consequences of failing to do so; Properly supporting factual assertions with admissible record evidence to satisfy Rule 56(e); using Rule 56(i) objections and responses effectively; Rule 56(f) affidavits what they are, when they are needed, and the information they should contain; and Structuring clear and concise summary judgment submissions in the format that judges (and their law clerks) prefer. Whether you represent the plaintiff or the defendant, knowing how to satisfy the procedural and evidentiary requirements of Rule 56 is critical to successfully avoiding or obtaining summary judgment for your client. Heidi J. Hart and Hon. Joyce A. Wheeler 8. Unleashing the Power of Casemaker Did you know that MSBA members have unlimited access to Casemaker for online legal research? And it s not just available on your laptop or desktop, there are mobile apps too. Whether you re new to Casemaker, or a seasoned user, this session will help you use Casemaker more effectively and efficiently. Topics include research techniques, resources, saving research results, and annotating and organization results results for incorporation into memoranda or briefs. Learn about Casemaker s newest features and its subscription services, and find out how to take advantage of this exceptional member benefit. Rebecca Skeeles, Casemaker 11:15-12:15 Concurrent Sessions 9. Business Entity Selection for the Non-Tax Lawyer All lawyers who advise businesses are aware of the various types of business entities available for structuring a venture. However, few non-tax lawyers have a sufficient understanding of the differences between these entities in order to adequately advise their business clients of the proper business structure for their various ventures. The choice of whether to form a business as a C corporation, an S corporation or a limited liability company (LLC) has significant impact on the amount of tax incurred upon the formation of the business, during the business s years of operation, and upon its liquidation. This seminar is designed for non-tax lawyers and to help explain the significance of structuring a business as either a C corporation, and S corporation or a limited liability company in order to provide the non-tax lawyer all the information needed in order arrive at a fully informed decision regarding entity selection. The topics covered will be explained in plain language, using practical, real life examples. By the end of the presentation the attendee will have a practical analytical framework to use in determining which business entity is best for the most common business models, including real estate ventures, service businesses, businesses that own significant depreciable assets, and businesses with aspirations of becoming publicly traded Christopher G. Stevenson 7

8 10. Clash of the Titans: Bankruptcy Court Meets Family Court The session will review the complex issues that arise when bankruptcy invades the family law arena, address major issues the family law practitioner needs to know about bankruptcy law, and identify what questions to ask when faced with a client, or opposing party who may be filing for bankruptcy protection. Topics will cover jurisdiction clashes, discharge ability of different types of family debts, the automatic stay and its effect on family litigation, exemptions, proofs of claim, chapter 7 vs. 13, protecting a divorce decree from future bankruptcies, and what to do post-divorce when one party files bankruptcy. E. Chris L Hommedieu 11. Privacy, Data Security and Cybersecurity... A Blissful Walk Through Hidden Minefields This two-part session will address the current state of information privacy and explore ways to deal with cyber risks. Information Privacy: The World We Live In Businesses and individuals are awash in stories about personal privacy, data collection, breach of personally identifiable information (PII) and big data. What does it all mean, and what implications does it have for you? Discuss and explore the practical and legal dimensions of data privacy and regulation in the U.S. and learn what you need to know. Alfred C. Frawley III The Basics: Assessments, Checklists and Dealing with Breaches of Information Cyber risks come in all shapes and sizes, from external hackers, to unintended internal breaches, to viruses, worms and Trojan horses. Any person, small business, large business, law firm and lawyer is at risk if data and privacy information is gathered, stored or transferred by any electronic means. What basic prevention can you do to identify the risks, manage them and be prepared should the unthinkable occur... a breach of information from you or your client? Learn to navigate this cybersecurity minefield with examples, checklists and outlines as how to assess and deal with these risks. Brian L. Champion 12. Sex Trafficking? We re in Maine. Did you know that the going price for a Maine girl in the countrywide sex slavery market in 2014 is between $2,500 and $3,500? Or, that a homeless teen on the street has roughly 48 hours until being approached about trading sex for food, a warm place to stay, access to a cell phone or access to drugs. Human trafficking is the second largest and fastestgrowing organized crime worldwide. Each year 14,500 to 17,500 persons are trafficked into the U.S. and 800,000 people are trafficked worldwide, of which 50% are children. A large proportion of these persons are trafficked for commercial sex purposes, such as pimp-controlled prostitution, escort services, residential and underground brothels, and pornography. An even greater portion are forced or coerced into involuntary servitude, peonage, debt bondage, or other forms of trafficking for labor purposes, including domestic servitude, peddling rings and the construction, agriculture, forestry, restaurant and hospitality industries. Human trafficking is not something that happens over there. It is also happening here in Maine. In this workshop you will learn about: The dynamics of human trafficking; The elements of the crime of sex trafficking; How the law protects victims; The increased penalties for those involved in trafficking; Additional criminal and civil remedies; How to identify sex trafficking in your cases; and Available resources in the community. Megan L. Elam, Kevin G. Moynihan and Hon. Joyce A. Wheeler 13. Stress Busters, Relaxation Techniques and Energy Boosters for the Busy Professional Juggling family with career while trying to squeeze in personal time? Everyone is stressed, but how STRESSED are you really? In this dynamic, interactive workshop, Life Coach Deb Bergeron focuses on practical stress buster techniques that will help you build resiliency, manage fatigue, restore focus, and beat burnout. This workshop will provide you with tools and techniques to: Reduce stress and eliminate energy drains; Increase relaxation without decreasing productivity; Enhance work and personal relationships; Recharge with renewed energy and focus; Gain insight and empowerment through self-care practices; and Experience more balance in your life. Deb Bergeron, Ocean of Possibilities 8

9 Friday, June 27 8:45-9:45 Concurrent Sessions Weaknesses in Personal Injury Cases and Potential Defenses Used by Insurance Companies to Deny or Minimize Claims Derry Rundlett will present a rapid-fire, informative but with a touch of his usual humor, lecture on the potential weaknesses in ordinary personal injury cases and the defenses most effectively used by insurance carriers to deny liability or minimize damages. The lecture will be based on his best-selling book on personal injury practice in print since 1991 by the James Publishing Company and his most recent annual supplement due for publication this summer. The printed materials will contain excerpts from his book and the new supplement. Ellsworth T. Rundlett III 15. The Ethical Implications of Social Media: Judges, Lawyers and Juries Predicated on one or more hypotheticals, the panel and the members in attendance will engage in a Socratic dialogue exploring the benefits and pitfalls of social media including the practical, ethical and disciplinary implications and consequences of social media. Attendees will have the opportunity to consider, discuss and debate the most current ethics opinions, ethical guidelines and jury instructions in this rapidly evolving realm of technological communication. Robert P. Cummins, Devin W. Deane, Aria Eee, and Hon. John H. O Neil Jr. 16. Maine s Improvident Transfer of Title Act: Yesterday, Today and Tomorrow The Improvident Transfer of Title Act, 33 M.R.S.A has been a powerful device, unique to Maine law, used to help repair elderly clients who have been financially damaged through exploitation. It can be very effective in summary judgment practice and in driving settlement due to its presumption of undue influence. In short, if you satisfy the elements (1) transfer of assets by a dependent elder age 60 or older totaling 10 percent of an estate or any transfer of real property; (2) to a person who has a confidential or fiduciary relationship with the elder; (3) for less than full consideration and without independent representation by counsel the transfer is presumed (albeit rebuttably) the result of undue influence. With the above in mind, this session will cover: 1) The historical background and genesis of Title 33 M.R.S.A (Improvident Transfer of Title Act or ITT). Sally Wagley will discuss her work on drafting the original statute and early amendments to the act while serving as a staff attorney at Legal Services for the Elderly. She will also offer some insight into early perception of the statute and the statute s effect on elder law practice in the Maine bar. 2) The present state of ITT and what McCollor and other recent cases mean for those seeking to plead or defend pursuant to ITT. Peter Bickerman, attorney for appellee in McCollor v. McCollor, 2014 ME 39, will discuss that decision and litigation issues surrounding ITT, including the issues of dependent person and independent counsel. 3) The future of ITT, including a discussion of ideas to improve or enhance ITT. John Lambert will share ideas that include possible enhanced damages for elders who have been exploited and a cost-shifting provision to incentivize private bar attorneys to be able to afford to take these often demanding and time-consuming cases. Moderator: Denis Culley. Panelists: Peter B. Bickerman, John F. Lambert and Sally M. Wagley 17. My Brother s Keeper (Or Not): Fiduciary Obligations of Partners, Shareholders, Officers, Directors, Members, And Managers Maine s corporation, partnership, and limited liability company acts provide for an array of organizational forms for Maine businesses. Depending upon the chosen entity form, the legal and equitable duties of the owners and management team to each other and to the business itself can vary widely. At common law, partners owed heightened fiduciary duties of loyalty and care to each other, and were held to the stringent standard of a trustee. These standards have informed and been imported, to differing degrees, into Maine s statutory scheme governing partners and business corporations. In contrast, Maine s adoption of the revised Limited Liability Company Act in 2011 permits LLC members to expand, restrict, or eliminate common law fiduciary duties, while preserving other safeguards. Regardless of the form of entity, disputes between business associates are inevitable. This program will provide attendees with up-to-date knowledge of the duties and obligations, inter se, of owners and operators of Maine businesses, which is essential both for attorneys providing business and employment counseling, as well as those involved in business litigation. Paul McDonald and Daniel J. Murphy 9

10 10:00-11:00 Concurrent Sessions 18. The Elimination of GALs and the Silencing of a Voice for Children: What Lawyers Need to Know Within the next few years, fewer professionals will act as GALs for children caught in the parental choice to litigate child custody. Personal attacks and hate-speech against GALs, District Court judges and magistrates will continue to increase while the Maine Supreme Judicial Court expounds rules or case law. Of critical importance, the voices of poverty, diversity, and interpersonal violence have been silenced or excluded from this policy discussion. With the elimination of GALs by attrition or resignation, the legal profession must develop strategies for securing social justice for children irrespective of wealth or privilege. In this presentation, the old ways of family litigation are reintroduced: how will young children testify to their preferences or experiences; how will physicians, teachers, social workers, psychiatrists, therapists, or day-care providers respond to subpoenas which require live attendance; how to manage more multi-day trials; and how to advocate and make judgments safely in an environment which supports, by silence or collaboration, the degradation of the legal system. Dana E. Prescott 19. Introduction to Financial Statement Analysis Many attorneys want a better understanding of how to read and interpret financial statements. Experts from BerryDunn s Valuation & Forensic Services Group will present an overview of financial statements geared toward the legal community. These questions will be addressed: What are different kinds of financial statements? How do balance sheets, income statements, and statements of cash flow work together? Why should I care about the footnotes? What if I only have tax returns? What are the basics of financial analysis? What are some red flags to watch out for? The goal is to provide attendees with the basics of reading and interpreting financial statements and understanding some of the top indicators of fraud. We will also discuss how this information is used in a variety of settings, including bankruptcy, business transactions, economic damages, fraud, and lost profits. Arthur H. Marshall and Seth E. Webber 20. Judicial Notice and Other Underused Evidentiary Measures The rules of evidence include a variety of seldom used measures by which a party can introduce or exclude evidence at trial. This panel will explore some of those measures, which include the use of judicial notice particularly given the significant developments in technology, the scope of lay witness testimony, the use of deposition testimony, the applicability of certain exceptions to the hearsay rule, and challenges to the testimony of lay witnesses. Hon. William R. Anderson, Hon. Peter G. Cary, Hon. John C. Nivison and Deirdre M. Smith 21. Succession Planning: Managing the Transition from Start to Finish This is a practical and comprehensive look at the many and varied factors and risks that must be considered when the practicing attorney is contemplating retirement. The course examines the realities faced by the potential retiree as well as the hopes and desires that the retiree has concerning his or her upcoming retirement. Some of the realities addressed are such issues as risks involved in winding up a law practice, malpractice insurance issues, and how health and finances will impact the decision. Some of the issues relate to whether it is the right time to retire, how retirement will impact family, and how other interests factor into the question of retirement. The course takes a broad view and asks not only how to achieve a rewarding retirement but how to avoid the many pitfalls one may face in the transition. This session also examines the possible activities that maybe available after retirement. It is an insightful, thoughtful and thorough tour de force of the multi-faceted issues and risks facing the attorney who is considering retirement in today s complex world. Program takeaways include: A better understanding of the manifold issues and risks to be addressed by a retiring attorney; A practical view as to how to approach and deal with these issues; An understanding of the possibilities available to the retiree following retirement; Specific steps to be followed in closing the practice; How to actually manage the transition; and Malpractice insurance issues of retirement. Mark Bassingthwaighte, ALPS 10

11 11:30-12:30 Concurrent Sessions 22. Legal Consideration: Valuation & Division of Marital Assets Determining the value of a business or other asset is complicated enough in a commercial setting. Add to that the complexity of applying legal standards regarding valuation, and parsing out what part of that value is marital or non-marital, and it becomes downright puzzling. Our panel, with years of experience as attorneys advocating for clients, refereeing disputes regarding valuation, and serving as an expert accountant preparing business valuations and testifying in support of valuations, will demystify the process and give some pointers on how best to position your case for your client. Jonathan M. Dunitz, Eric Purvis and Karen Frink Wolf 23. Unleashing the Power of Casemaker Did you know that MSBA members have unlimited access to Casemaker for online legal research? And it s not just available on your laptop or desktop, there are mobile apps too. Whether you re new to Casemaker, or a seasoned user, this session will help you use Casemaker more effectively and efficiently. Topics include research techniques, resources, saving research results, and annotating and organization results results for incorporation into memoranda or briefs. Learn about Casemaker s newest features and its subscription services, and find out how to take advantage of this exceptional member benefit. Rebecca Skeeles, Casemaker 24. The Use of Focus Groups for Trial Strategy and Settlement Value in Civil Litigation This is an interactive session at which the audience-attendees will serve as a focus group. The panelists will present a case, derived from an actual personal injury action, to the focus group. After presentation of the case by attorneys for plaintiff and defendant, the audience will break into groups to deliberate, and present their decision. The panel will discuss how they would use the results of a focus group in developing trial strategy and in forming a settlement position. The panel will also discuss what questions they would ask focus group members in exploring the basis for decision, particularly at the extreme ends of the range. Moderator: Jerrol A. Crouter. Panelists: Timothy M. Kenlan, James E. O Connell III and Daniel Rapaport 11

12 Congratulations to our 2014 Award Winners John W. Ballou Award On behalf of the entire Maine State Bar Association, the Board of Governors is pleased to honor Matthew C. Dyer with the 2014 John W. Ballou Award for his work at Pine Tree Legal Assistance fighting against homelessness and his community outreach efforts advocating for the poor and immigrant populations in the Lewiston-Auburn region. The award, named for a highly respected Bangor lawyer and founding father of the Board of Overseers of the Bar, honors a Maine resident or native son or daughter who demonstrates qualities in keeping with the aims and purposes of the Maine State Bar Association and who exemplifies the example set by John Ballou. Formerly known as the MSBA Distinguished Service Award, this is the Association s most prestigious award. Past recipients of the award include George Mitchell, William S. Cohen, Edmund S. Muskie, James B. Longley, Margaret Chase Smith, and Olympia Snowe. Caroline Duby Glassman Award The Women s Law Section is pleased to present Virginia E. Davis with the 2014 Caroline Duby Glassman Award. The Glassman Award is presented annually to a woman who is a member of the Maine Bar and who has demonstrated excellence in one or more of the following qualifications: Has worked to remove barriers and to advance the position of women in the profession or in the community; Has worked to educate the bench, the Bar, or the public on the status of women in the profession; and/or Has acted as a role model for younger or less experienced women lawyers. Vincent L. McKusick Award The Maine Bar Journal Editorial Advisory Committee is pleased to present the 2013 Vincent L. McKusick Award to Evan J. Roth for his article, Lincoln s House Divided, which was published in the winter 2013 edition of the Maine Bar Journal. Presented annually by the Editorial Advisory Committee, the Vincent as former Chief Justice McKusick prefers to call it honors the author of the best article published in the Maine Bar Journal during the preceding year, as judged by the Committee. The selection criterion is simple: the winning article is the one that best enhances the understanding of the law of this state, by an author who has best demonstrated the commitment to practice-based legal scholarship as exemplified by Chief Justice McKusick. Please join your colleagues in celebrating this year s award recipients! 12

13 Information 2014 Summer Meeting Registration Form Registration deadline: June 13, 2014 Registrants, instructors, exhibitors and guests attending the MSBA Summer Meeting agree they may be photographed during the event. Photographic materials are the sole property of the MSBA, and the MSBA reserves the right to use attendees names and likenesses in promotional materials without providing monetary compensation. Full Meeting Registration Includes: Wednesday reception; Thursday continental breakfast, lunch & dinner; AND Friday breakfast & lunch. q Full Meeting Registration: $300 Please check the meals you are attending: q Wednesday Reception q Thursday Lunch (buffet) q Thursday Dinner (buffet) q Friday Breakfast (buffet) q Friday Lunch (please choose below) q Vegetarian Stir Fry q Chicken Stir Fry One-Day Registration (either Thursday or Friday) One-Day Registration: $160 Includes: breakfast & lunch. q Thursday Only q Friday Only Please check the meals you are attending: Please check the meals you are attending: q Thursday Breakfast q Friday Breakfast (buffet) q Thursday Lunch (buffet) q Friday Lunch (please choose below) q Vegetarian Stir Fry q Chicken Stir Fry If you are attending for one day only, Wednesday reception & Thursday dinner tickets must be purchased separately. Meals Only (non-registrants & guests) Wednesday $45 x (#) = $ Thursday Lunch (Buffet) $35 x (#) = $ Child $20 x (#) = $ Child (5 & $ 0 x (#) = $ Thursday Dinner (Buffet) $75 x (#) = $ Child $35 x (#) = $ Child (5 & $ 0 x (#) = $ Friday Breakfast (Buffet) $30 x (#) = $ Child $15 x (#) = $ Child (5 & $ 0 x (#) = $ Friday Lunch Vegetarian Stir Fry Chicken Stir $35 x (#) = $35 x (#) = $ CLE CREDIT Select Your Programs Earn up to 6.0 CLE, including up to 3.75 ethics Thursday, June 26 8:30-9:30 Concurrent Sessions q 1. q 2. q 3. q 4. The Hidden Pitfalls of the Grand Jury Process Legal Landscape for Equity Fundraising Changing Fast... Sort of The Nuts and Bolts of ERISA Short- and Long-Term Disability Insurance Cases Stand Up. Act Right. Choose Civility. 9:45-10:45 Concurrent Sessions q 5. Demystifying the Business Valuation Process q 6. Medicine and the Law: Enhancing Cooperation Between the Professionals q 7. Unleashing the Power of Casemaker q 8. Winning Summary Judgment 11:15-12:15 Concurrent Sessions q 9. Business Entity Selection for the Non-Tax Lawyer q 10. Clash of the Titans: Bankruptcy Court Meets Family Court q 11. Privacy, Data Security and Cybersecurity... A Blissful Walk Through Hidden Minefields q 12. Sex Trafficking? We re in Maine. q 13. Stress Busters, Relaxation Techniques and Energy Boosters for the Busy Professional Friday, June 27 8:45-9:45 Concurrent Sessions q Weaknesses in Personal Injury Cases and Potential Defenses Used by Insurance Companies to Deny or Minimize Claims q 15. The Ethical Implications of Social Media: Judges, Lawyers and Juries q 16. Maine s Improvident Transfer of Title Act: Yesterday, Today and Tomorrow q 17. My Brother s Keeper (Or Not): Fiduciary Obligations of Partners, Shareholders, Officers, Directors, Members, and Managers 10:00-11:00 Concurrent Sessions q 18. The Elimination of GALs and the Silencing of a Voice for Children: What Lawyers Need to Know q 19. Introduction to Financial Statement Analysis q 20. Judicial Notice and Other Underused Evidentiary Measures q 21. Succession Planning: Managing the Transition from Start to Finish 11:30-12:30 Concurrent Sessions q 22. Legal Consideration: Valuation & Division of Marital Assets q 23. Unleashing the Power of Casemaker q 24. The Use of Focus Groups for Trial Strategy and Settlement Value in Civil Litigation Return to: MSBA, P.O. Box 788, Augusta, ME Fax: Payment Information: No Refunds After June 13, 2014 Name Organization Address Telephone Names of Guests/Children Total $ Enclosed is my check Please charge my credit card Card # Name on Card Billing Address Exp. Date CVV# Signature

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