EARN UP TO 37.5 CLE CREDITS Including Ethics and Bias! SUPER CLE PRESENTS: THE THIRTY-FOURTH ANNUAL > SUPER CLE WEEK MARCH 17-22, 2014

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1 EARN UP TO 37.5 CLE CREDITS Including Ethics and Bias! SUPER CLE > PRESENTS: THE THIRTY-FOURTH ANNUAL > SUPER CLE WEEK MARCH 17-22, 2014

2 LOCATION: University of Minnesota Law School Walter F. Mondale Hall, Subplaza th Avenue South Minneapolis, MN Lot 86 On the West Bank Campus of the University of Minnesota. Directions: See map at right or go to for additional maps and links. Parking: Parking is available in University Lot 86 immediately adjacent to the Law School. Lot 94 DAILY SCHEDULE*: 8:00-8:30 a.m. Registration 8:30-10:00 a.m. Lecture 10:00-10:15 a.m. Break 10:15 a.m.-noon Lecture Noon-1:00 p.m. Lunch Break (on your own) 1:00-2:30 p.m. Lecture 2:30-2:45 p.m. Break 2:45-4:30 p.m. Lecture *Thursday, March 20: 9:00 a.m. 3:00 p.m. TUITION: $ per seminar $ SuperPass for four or more seminars TAX DEDUCTIBLE: Tuition, travel, hotel and living expenses incurred in attending these seminars are deductible subject to limitations contained in Treas. Reg REFUNDS: Refunds, minus a $75 processing charge, will be made if notice of cancellation is received IN WRITING on or before March 7, No refunds will be given, for any reason, after March 7, RECORDINGS: Recording of these seminars is prohibited. All rights are reserved by The University of Minnesota Law School. The University of Minnesota is committed to the policy that all persons shall have equal access to its programs, facilities and employment without regard to race, creed, color, religion, sex, national origin, disability, age, marital status, public assistance status, veteran status, or sexual orientation. If you have a disability and need accommodations to attend this CLE, contact Disability Services at (v/tty) or at least two weeks before the event.

3 SEMINAR SCHEDULE MARCH 17 Corporate Representation in Compliance, 8:30-4:30 Internal Investigations, Government Enforcement Proceedings and Shareholder Litigation... 2 Professor Richard W. Painter MARCH 18 Hot Topics in Family Law :30-4:30 Professor Brian Bix MARCH 19 Local Efforts to Address Climate Change :30-4:30 Professor Hari M. Osofsky MARCH 20 (am) Ethics and the Practice of Criminal Law 9:00-3:00 (pm) Identifying and Eliminating Bias and Discrimination in the Legal System: Codes, Cases, and Other Constraints... 5 Professor Stephen M. Simon MARCH 21 MBA Concepts for Lawyers :30-4:30 Professor Edward S. Adams MARCH 22 The Freedom of Speech Since WWI :30-4:30 Professor Dale Carpenter Registration Form

4 > CORPORATE REPRESENTATION IN COMPLIANCE, INTERNAL INVESTIGATIONS, GOVERNMENT ENFORCEMENT PROCEEDINGS AND SHAREHOLDER LITIGATION Professor Richard W. Painter MONDAY, MARCH 17, 2014 (3.0 standard & 3.5 ethics CLE credits) This CLE program will address four of the most important functions of in-house and outside attorneys who represent corporations and other business organizations: assisting with law compliance, conducting internal investigations, representing clients in government investigations and enforcement proceedings, and defending securities class actions and derivative suits. Topics covered will include document retention, protection of the attorney-client privilege, up-the-ladder reporting of evidence of securities law violations and fiduciary breaches, legal protections for internal whistleblowers, client conflicts and other conflict of interest problems for in-house and outside lawyers, responding to government requests for information, negotiating settlements with the government, procedural and discovery rules for securities class actions and shareholder derivative suits, federal preemption of state law, using expert witnesses, and evaluating settlement offers. This program will include at least 3.5 hours of ethics-related material addressing the role of lawyers in assuring client compliance with federal and state securities laws, requirements for reporting up problems within a client organization, privileged communications, client conflicts, and other problems. PROFESSOR RICHARD W. PAINTER teaches courses and has published extensively on securities regulation, securities litigation, corporate law, government ethics, professional responsibility for business lawyers and professional responsibility for government lawyers. Between 2005 and 2007 he was Associate Counsel to the President and the chief White House ethics lawyer under President Bush. In 2012 he was an expert witness for the defense in the SEC s suit against the managers of the Reserve Money Market Fund, a jury trial that ended in a verdict for the defense on all of the fraud counts. 2

5 > HOT TOPICS IN FAMILY LAW Professor Brian Bix TUESDAY, MARCH 18, 2014 (6.5 CLE credits) There have been a number of important recent 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. BRIAN BIX is the Frederick W. Thomas Professor of Law and Philosophy at the University of Minnesota, where he specializes in family law, contract law, and legal philosophy. He holds a B.A. (summa cum laude) from Washington University in St. Louis, a J.D. (magna cum laude) from Harvard Law School, and a doctorate in law from Oxford University. He clerked for Judge Stephen Reinhardt of the Ninth Circuit Court of Appeals, Alan Handler of the New Jersey Supreme Court, and Benjamin Kaplan of the Massachusetts Appeals Court. He is the author of over 100 publications, including Family Law (Oxford University Press) and many other works relating to family law. He was the Reporter for the recently promulgated Uniform Premarital and Marital Agreements Act, and is a Member of the American Law Institute. UNABLE TO ATTEND SUPER CLE WEEK IN PERSON? If you're unable to attend the University of Minnesota Law School's SUPER CLE program in person, you can still participate in any or all of the live sessions online from the convenience of your home or office through WestLegalEdcenter. Live webcasts on West LegalEdcenter are approved for Minnesota MCLE credit! Make West LegalEdcenter your choice for online CLE. Visit westlegaledcenter.com today! 3

6 > LOCAL EFFORTS TO ADDRESS CLIMATE CHANGE Professor Hari M. Osofsky WEDNESDAY, MARCH 19, 2014 (6.5 CLE credits) As the United States and the world become increasingly urbanized, cities are a key site for addressing the problem of climate change. However, urban climate change action is not simply about local officials making decisions within their cities. In large U.S. localities, there are multiple layers of government, including city, county, and metro-regional entities. Moreover, many of the cities actively participating in climate change action participate in and shape networks of cities based at state, regional, national, and international levels. The Twin Cities reflect this complexity, as the state, Metropolitan Council, counties, and cities consider new steps on climate change this year. This Super CLE will focus on the role that local governments are playing in addressing climate change, including new developments in the Twin Cities metropolitan region. It will begin by providing an overview of climate change science and international and national climate change regulation to provide a context for the day s discussion. It will next explain how networks of cities are interacting with the international negotiations and national initiatives on mitigation and adaptation. It will then describe the types of actions that localities can and are taking on climate change within their local control. It will conclude by exploring the many possibilities for cities, counties, and metropolitan regions to do more to address climate change in ways that make economic sense. Throughout the Super CLE, the discussion will include the example of the Twin Cities and Minnesota. HARI M. OSOFSKY is a Professor of Law; the Fesler-Lampert Chair in Urban and Regional Affairs; and the Director of the Joint Degree Program in Law, Science, and Technology at the University of Minnesota Law School. She also is on the faculty of the Conservation Biology Graduate Program, an adjunct professor in the Department of Geography, Environment and Society, and a Fellow with the Institute on the Environment. Osofsky is a leading scholar on climate change and energy transition. Her current leadership roles include serving as a member of the Executive Council of the American Society of International Law, the International Law Association s Committee on the Legal Principles of Climate Change, and the Board of Governors of the Society of American Law Teachers (SALT). 4

7 > (A.M.) ETHICS AND THE PRACTICE OF CRIMINAL LAW (P.M.) IDENTIFYING AND ELIMINATING BIAS AND DISCRIMINATION IN THE LEGAL SYSTEM: CODES, CASES, AND OTHER CONSTRAINTS Professor Emeritus Stephen M. Simon THURSDAY, MARCH 20, 2014 (3 ethics and 2 bias CLE credits) 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 involve 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 in 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. continued 5

8 continued from page 5 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 discuss the appropriate actions for lawyers and judges to prevent and correct conduct which violates professional norms. STEPHEN SIMON ( 71), who received both his B.A. and J.D. from the University of Minnesota, is an Emeritus Clinical Professor in the Law School s clinical program, where he has taught since Simon has taught and lectured on ethics and the practice of criminal law to defense attorneys, prosecutors, and bar association groups. He is the founder (1982) and director of the Judicial Trial Skills Training Program. In that capacity he has taught courtroom management and evidence to judges in many states and at the National Judicial College. Simon has included judicial ethics in his Judicial Trial Skills Training Program for more than 15 years. Also in 1982, Simon founded the Minnesota Criminal Justice DWI Task Force; he served as its director through This group, made up of criminal justice system professionals, makes recommendations to the Minnesota Legislature, the courts, and law enforcement. It also engages in short, DWI-related research projects. Simon has participated in these projects for the past 20 years. He has published numerous articles on his research and has presented papers on DWI issues at conferences throughout the United States, Europe, and Australia. His research has focused on the effect of incarceration on DWI recidivism, criminalizing Implied Consent test refusal, and vehicle sanctions as applied to repeat DWI offenders. Simon is a co-author of the book Minnesota Misdemeanors and Moving Traffic Violations. 6

9 > MBA CONCEPTS FOR LAWYERS Professor Edward S. Adams FRIDAY, MARCH 21, 2014 (6.5 CLE credits) 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 MBA 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 a 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. EDWARD S. ADAMS is the Howard E. Buhse Professor of Law and Finance, the Co-Director of the Kommerstad Center for Business Law and Entrepreneurship, and the CLE Director at the University of Minnesota Law School, where he specializes in corporate law, corporate finance, secured transactions, commercial paper, and bankruptcy. Following his graduation cum laude from the University of Chicago Law School, where he served as managing editor of the Law Review, Professor Adams clerked for the Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit and worked in the Chicago office of Latham and Watkins. He is the author of twenty books and over forty articles on business-related issues, the two-time recipient of the University of Minnesota Law School's Stanley V. Kinyon Teacher of the Year Award, a 1997 MBA with highest honors graduate of the Carlson School of Management at the University of Minnesota, a 1998 Vance K. Opperman Research Scholar and a co-holder of the 1999 Julius E. Davis Chair in Law. 7

10 > THE FREEDOM OF SPEECH SINCE WORLD WAR I Professor Dale Carpenter SATURDAY, MARCH 22, 2014 (6.5 CLE credits) 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. DALE CARPENTER teaches and writes in the areas of constitutional law, the First Amendment, and sexual orientation and the law. In 2007, he was appointed to the Earl R. Larson Chair in Civil Rights and Civil Liberties Law. He was the Julius E. Davis Professor of Law for and the Vance K. Opperman Research Scholar for Professor Carpenter was chosen the Stanley V. Kinyon Teacher of the Year for and and was the Tenured Teacher of the Year for Since 2004, he has served as an editor of Constitutional Commentary. Professor Carpenter received his B.A. degree in history, magna cum laude, from Yale College in He received his J.D., with honors, from the University of Chicago Law School in At the University of Chicago he was Editor-in-Chief of the University of Chicago Law Review. He received both the D. Francis Bustin Prize for excellence in legal scholarship and the John M. Olin Foundation Scholarship for Law & Economics. Professor Carpenter clerked for the Honorable Edith H. Jones of the United States Court of Appeals for the Fifth Circuit from 1992 to After his clerkship, he practiced as an associate at Vinson & Elkins in Houston and at Howard, Rice, Nemerovski, Canady, Falk & Rabkin in San Francisco. He is a member of the state bars of Texas and California. He is a frequent television, radio, and print commentator on constitutional law, the First Amendment, and sexual orientation and the law. Professor Carpenter was recently selected as one of Minnesota Lawyer s Attorneys of the Year

11 REGISTER ONLINE AT by credit card or check. REGISTRATION Paying by Credit Card: You must register online at Paying by Check: You may register online at or use this registration form, or call (612) Make check payable to: UNIVERSITY OF MINNESOTA Mail to: University of Minnesota Law School 381 Walter F. Mondale Hall th Avenue South Minneapolis, MN Individual: $225 per seminar SuperPass: $795 SuperPass for four or more seminars Mar 17 Mar 18 Mar 19 Mar 20 Mar 21 Mar 22 Corporate Representation (3.0 Standard CLE credits and 3.5 Ethics credits) Family Law (6.5 Standard CLE credits) Climate Change (6.5 Standard CLE credits) Ethics and Bias (3.0 Ethics credits and 2.0 Bias credits) MBA Concepts for Lawyers (6.5 Standard CLE credits) Freedom of Speech (6.5 Standard CLE credits) NAME FIRM/ORGANIZATION ADDRESS CITY STATE ZIP ( ) TELEPHONE Payment must accompany registration to guarantee space. All CLE credits have been requested. FOR INFORMATION: Web: Phone: 612/ Fax: 612/

12 Super CLE Program th Avenue South Minneapolis, MN > THE THIRTY-FOURTH ANNUAL SUPER CLE WEEK MARCH 17-22, 2014 Nonprofit Org. U.S. Postage PAID Twin Cities, MN Permit No

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