Rhode Island Bar Association 20 13 ANNUAL MEETING June 13 & 14 Rhode Island Convention Center, Providence ANNUAL DINNER: THURSDA Y, JUNE 13 | ANNUAL LUNCHEON: FRIDA Y, JUNE 14 WELCOME 2013 ANNUAL MEETING

EXECUTIVE COMMITTEE ANNUAL MEETING Carolyn R. Barone, Esq. PLANNING COMMITTEE Armando E. Batastini, Esq. Mark B. Morse, Esq., Chair David N. Bazar, Esq. Victoria M. Almeida, Esq. Richard P. D’Addario, Esq. Gil A. Bianchi, Jr., Esq. Melissa E. Darigan, Esq. Timothy J. Conlon, Esq.

Michael R. McElro y, Es q. William J. Delaney, Esq. Vincent A. DiMonte, Esq. President Michael R. McElroy, Esq. Rebecca E. Dupras, Esq. Bruce W. McIntyre, Esq. Richard M. Fil, Esq. Mark B. Morse, Esq. Kevin J. Gallagher, Esq. J. Richard Ratcliffe, Esq. Maureen G. Glynn, Esq. Linda Rekas Sloan, Esq. Humberta M. Goncalves-Babbitt, Esq. J. Robert Weisberger, Jr., Esq. Miriam H. Gordon, Esq. Patrick A. Guida, Esq. Joseph M. Hall, Esq. J. Robert Weisberger, Jr., Es q. President-Elect Jane F. Howlett, Esq. Marcia McGair Ippolito, Esq. EXECUTIVE DIRECTOR Lise M. Iwon, Esq. Helen Desmond McDonald Lynda L. Laing, Esq. COMMUNICATIONS DIRECTOR Donna M. Lamontagne, Esq. Frederick D. Massie Brooks R. Magratten, Esq. Heather A. Pierce, Esq. CONTINUING LEGAL EDUCATION Benjamin A. Pushner, Esq. Bruce W. McIntyre, Es q. DIRECTOR Treasurer Patrick J. Smock, II, Esq. Nancy J. Healey Andrew C. Spacone, Esq. FINANCE DIRECTOR Jonathan L. Stanzler, Esq. Karen L. Thompson Elliot Taubman, Esq.

PUBLIC SERVICES DIRECTOR Dean J. Wagner, Esq. Susan A. Fontaine J. Robert Weisberger, Jr., Esq. N G I

Melissa E. Darigan, Esq. S E

Secretary D COVER PHOTOGRAPH O I

THE RHODE ISLAND CONVENTION Z U L

CENTER ROTUNDA E D

by Brian McDonald S I R R O M

: N G I S E D

E R U H C O R two B RHODE 2013 ANNUAL MEETING ISLAND BAR ASSOCIATION Dear Colleagues,

I look forward to seeing you at the Bar Association’s 2013 Annual Meeting on Thursday and Friday, June 13th and 14th, at the Rhode Island Convention Center. This year’s hard-working Annual Meeting Committee, ably chaired by Mark B. Morse, produced a diverse and enriching program for us. Supporting this effort, many Bar members and the Bar staff worked with Mark’s committee to ensure a seamless presentation of work - shops and social events. As a result, our Annual Meeting provides attendees with an outstanding opportunity to learn, improve our practice, socialize with our colleagues, and fulfill our annual CLE requirements.

We have a wide range of seminars scheduled over the two days of the Annual Meeting, providing guidance in family, probate, criminal, trial and commercial law, a variety of ethics-related topics, the always popular State and Federal Court updates and more. These seminars are enhanced by the participation of many distinguished and accom - plished presenters including many of our colleagues.

This year, our Keynote Speaker is the nationally-known speaker, author, legal editor and commentator, broadcast host, esteemed law professor and scholar, Arthur R. Miller who is addressing the implications of the United States Supreme Court decisions, Bell Atlantic v. Twombly and Ashcroft v. Iqbal , and their relation to clients’ access to the courts.

On Thursday night, the festivities begin with a lively reception, followed by dinner, our Annual Bar Awards (please see page 15 for a complete listing and description of this year’s awards) for outstanding achievements and an address by our incoming Bar Association President, J. Robert Weisberger, Jr. During our Annual Awards Luncheon on Friday, we are honoring our colleagues for their exceptional community service and contributions to our Bar Journal . Additionally, we will have the pleasure of traditional remarks by Supreme Court Chief Justice Paul A. Suttell on the State of the Rhode Island Judiciary.

The 2013 Annual Meeting Committee’s attention to our diverse membership’s interests and needs resulted in an excellent program, and I urge you to take advantage of the Annual Meeting’s early registration fee savings by completing and sending in your registration form before June 7th.

Please note that this year, all seminar materials are on a USB flash drive. The cost for this is included in your registration. While printed seminar materials are available, they must be pre-ordered, and there is an added charge of $30.

I thank you in advance for the honor and pleasure of serving you throughout the past year, and I look forward to seeing you on June 13th and 14th.

Michael R. McElroy, Esq. President, Rhode Island Bar Association

three SCHEDULE AT A GLANCE THURSDAY JUNE 13, 2013

Roger Williams University School of Law Alumni Association Breakfast 7:45am Convention Cente r/ Street Leve l/ West Lobby

8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer, 5th Floor

8:45 – Welcome by Michael R. McElroy, Esq. , Bar President

9:20am N Convention Center, Ballroom A, 5th Floor E P

9:20 – O 1 Keynote Address – Professor Arthur R. Miller, Esq.

10:20am S .5 credit + .5 ethics T I

10:20 – B I Morning Break

10:45am H X

10:45am – E 2 3 4 5 6 7 8

12:00pm

Making Under- Digital Refusal Remedies for Civil Motions Tax &

Your Case standing Forensics Cases: Wrongful for Default Corporate with a Franchise for Beyond Terminations* & Default Law: N

E Better Relationships* Litigators* the Basics* 2 Judgments* Business

P 1.0 credit + Memory Buying &

O 1.5 credits 1.5 credits 1.5 credits .5 ethics 1.5 credits Selling*

S 1.5 credits T

I 1.5 credits B I

12:00 – H

X Members Luncheon – Convention Center, Rotunda, 5th floor 1:30pm E

12:00 –

Rhode Island Bar Foundation Annual Meeting – Convention Center, 1st floor 1:30pm

1:30 – N 9 10 11 12 13 14 15 2:45pm E P Making Update on Veterans’ In-Camera Advising Amendments Federal O

Your Case Energy Law Court 101* Testimony Trustees to Medical Court

S with a in Child in Special Affidavits Mediation

T 1.5 credits 1.5 credits I Better Custody Needs Trusts* Statute*

B 1.5 credits I Memory Cases* 1.0 credit + 1.5 credits H (repeat)

X 1.5 credits .5 ethics E 1.5 credits

2:45 – Afternoon Break 3: 15pm N

3: 15 – E 16 17 18 19 20 21 22 P 4:30pm O

Social Recent Ten Things Non- New Claims Medicare Doing

S Media Developments: to Know Traditional & Remedies: Secondary Business T

I & Family RI about Legal Family Wage & Hour Payer Outside B

I Law* Environmental Malpractice Wealth Violations* Compliance* the USA H 1.0 credit Law 1.5 ethics Management * 1.0 credit + 1.0 credit + X 1.5 credits

E + 1.5 credits 1.0 credit + .5 ethics .5 ethics .5 ethics .5 ethics

4:45pm Reception – Convention Center, 1st floor

6:00pm Annual Dinner – Convention Center, 1st floor FRIDAY JUNE 14, 2013 SCHEDULE AT A GLANCE

8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer, 5th Floor

8:45 – President’s Welcome by Michael R. McElroy Esq.

9:00am N Convention Center, Ballroom A, 5th Floor E P 9:00 – 23 24 25 26 27 28 29 O

10: 15am S Civil Representing Practical Decoding Maritime Settlement Law Practice T

I Case Law Clients Tips: Military Pay Law Primer* Agreements: Management B I Update* before the Drafting in Family 1.5 credits Crossing the Technology H 1.5 credits Parole Good Court* Finish Line* 1.0 credit + X

E Board* Contracts 1.0 credit + 1.5 ethics .5 ethics

1.0 credit + 1.5 credits .5 ethics

.5 ethics

N

10: 15 – E

P Morning Break 10:45am O

10:45am – S 30 31 32 33 34 35 36 T

12:00pm I Criminal Future of Animal Law Domestic Opportunity Best Difficult B I Case Law Legal Update Violence: Tweets: Practices in Privilege H

X Update* Education & 1.5 credits Restraining/ Social Media Bankruptcy Issues in E Law Schools No Contact in the Court* Civil 1.5 credits 1.0 credit + Orders* Courts 1.5 credits Discovery*

.5 ethics 1.5 credits .5 credit + 1.0 credit +

N 1.0 ethics .5 ethics E P

12:00 – O

Awards Luncheon – Convention Center, 1st Floor

1:30pm S T 1:30 – I 37 38 39 40 41 42 B 2:30pm I

H Dos & Advising the File Sharing Division of Incorporating Assistance

X Don’ts of Government & Cloud Elderly Affairs Philanthropy Animals E

Appellate 1.0 credit Computing Help for Older in Estate 1.0 credit Practice* Clients* Plans* 1.0 ethics 1.0 credit 1.0 credit 1.0 credit N E

2:30 – P

O Afternoon Break

2:45pm S

2:45 – T I 43 44 45 46 47

4:00pm B I Effective & Ethical Appearing before International Foreclosure & Patient Safety H Use of Email a Public Body Child Custody Evictions: Traps for & Quality X E 1.5 ethics 1.5 credits Enforcement* the Unwary* Improvement 1.0 credit + 1.5 credits Act Litigation .5 ethics 1.5 credits

* Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment should be relevant to panels.

NEW SEMINAR MATERIALS FORMAT & ALTERNATIVE This year, all seminar materials are on a USB flash drive, the cost is included in your registration. Printed seminar materials are available for an added charge of $30 and must be pre-ordered. Please check the appropriate box on the registration form and pay the fee to order your copy. At-the-door registrants receive a USB flash drive only. SCHEDULE THURSDAY JUNE 13, 2013

7:45am Roger Williams University School of Law Alumni Association Breakfast Convention Center/Street Level/West Lobby

8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer, 5th Floor

8:45 – 9:20am Welcome Michael R. McElroy, Esq., President, Ballroom A, 5th Floor

In Memoriam : Melissa E. Darigan, Esq., Secretary

Nominating Committee Report: Victoria M. Almeida, Esq., Chair

Treasurer’s Report: Bruce W. McIntyre, Esq., Treasurer

9:20 – 10:20am 1 KEYNOTE ADDRESS

.5 CREDIT + .5 ETHICS Client Access to Federal Courts The United States Supreme Court decisions on Bell Atlantic v. Twombly , 550 US 544 (2007), and Ashcroft v. Iqbal , 556 US 662 (2009) have had far reaching impli - cations through the requirement that a complaint meet the test of Plausibility or otherwise be subject to dismissal on the pleadings. Many lawyers deem the decisions unfairly restrict their clients’ access to the courts. Professor Arthur Miller discusses these cases and speaks to the ethical and legal consequences of these decisions.

ARTHUR R. MILLER CBE, LL.B. , University Professor at NYU School of La w, Chairman of NYU Sports & Society Program, formerly Bruce Bromley Professor of Law at Harvard Law School; faculty Universities of Minnesota and Michigan and practiced law in New York Cit y. Undergraduate Degree, University of Rochester; J.D. , Harvard Law School; Host, “Miller’s Court ”; Former Legal Commentator, Boston’s WCVB-TV ; Legal Editor, ABC ’s “Good Morning America” and Host, “Miller Law” on Court TV. He is the author or co-author of numerous works on civil procedure, notably the Wright & Miller treatise, Federal Pra ctice & Procedure ; he has also written on copyright and on privacy issues. Professor Miller carries on an active law Arthur R. Miller CBE, LL.B. practice, particularly in the federal appellate courts. His public interest activities include as a member and reporter for the Advisory Committee on Civil Rules of the Judicial Conference of the United States, as Reporter for the American Law Institute’s Project on Complex Litigation, and a Commissioner on the United States Commission on New Technological Uses of Copyrighted Works. Last year he was honored as a Commander to the Order of the British Empire by Queen Elizabeth II .

10:20 – 10:45am Morning Break Enjoy a range of refreshments, conversation and exhibitor products and services.

six SCHEDULE THURSDAY JUNE 13, 2013

10:45am – 12:00pm Concurrent Workshops (choose one from #2-8) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

10:45am – 12:00pm 2 Making Your Case with a Better Memory (repeats at 1:30 – 2:45 – #9)

1.5 CREDITS Speaker: Paul Mellor, Success Links

LEVEL – ALL Would you like to have more time, less stress, better concentration, and no trouble remembering names and faces? If so, join nationally recognized memory training consultant, and Rhode Island native, Paul Mellor for a fun session to jumpstart your memory and learn how applying these skills can improve your everyday prac - tice. You’ll learn how a trained memory increases your efficiency and productivity in all aspects of law. You’ll shred the myth that memory can’t be enhanced, and lay a foundation for total recall. You’ll learn how to think quickly and clearly without fumbling for notes, how to remember names and faces, and gain techniques for getting through the day, a trial, or meeting without the fear of forgetting.

PAUL MELLOR , is President of Success Links, a memory training company dedicated to helping people by improving their memory power. A finalist in the 2008 USA Memory Championship , Mellor remembered the names of over 90 people in less than 15 minutes, recalled in correct order over 100 single-digit numbers after a five minute study, and recalled the exact order of a shuffled deck of playing cards after less than a three and a half minute review. His popular seminars have been presented

Paul Mellor to attorneys throughout the United States through numerous law firms and many state and specialty bar associations. He is the author of MEMORY! How to Remember Anything and You’re Almost There .

10:45am – 12:00pm 3 Understanding the Franchising Relationship*

1.5 CREDITS Speakers: Carl B. Lisa, Esq., Lisa & Sousa Ltd., General Counsel, Dunkin’ Donuts Independent Franchise Organization LEVEL – BEGINNER Robert K. Sawyer, Jr., Esq., Senior Vice-President, General Counsel, Friendly’s Ice Cream, LLC If you have a client who would like to franchise a business or wants to purchase a franchised business, how do you advise them? The workshop provides an overview of the relationship between franchisor and franchisee. Experienced counsel for fran - chisors and franchisees review and discuss the legislative structure, contractual rela - tionship, areas of cooperation, conflict and the unique nature of the relationship.

seven SCHEDULE THURSDAY JUNE 13, 2013

10:45am – 12:00pm 4 Digital Forensics for Civil and Criminal Litigators*

1.5 CREDITS Moderator : Christopher S. Gontarz, Esq., Updegrove & Gontarz, Ltd.

LEVEL – ALL Speakers: Jason P. Knight, Esq., Law Office of Jason P. Knight Larry Daniel, DCFP, EnCE, BCE, ACE, Guardian Digital Forensics Lars Daniel, EnCE, ACE, Guardian Digital Forensics Electronic evidence and discovery are now a part of law practice. The panelists present a guide to digital technology forensics for attorneys in both civil and crimi - nal law practice including an overview of the current state of digital forensics from the warrant to the courtroom.

10:45am – 12:00pm 5 Refusal Cases: Beyond the Basics*

1.5 CREDITS Speakers: Robert H. Humphrey, Esq., Law Offices of Robert Humphrey

LEVEL – ALL Amy K. Dodge, Esq., Department of the RI Attorney General The speakers review the four key elements the State must prove to sustain a refusal charge. The discussion moves beyond the basic elements of a refusal case to analyze past and recent decisions that prosecutors and defense attorneys should be aware of for the successful prosecution and defense of refusal cases.

10:45am – 12:00pm 6 Remedies for Wrongful Termination in an Employment At-Will State*

1.0 CREDIT + .5 ETHICS Moderator : Richard A. Sinapi, Esq., Sinapi Law Associates, Ltd.

LEVELS – BEGINNER, Speakers: Stacie B. Collier Esq., Nixon Peabody INTERMEDIATE Robert E. Savage, Esq., Savage & Savage Michael D. Chittick, Esq., Adler Pollock & Sheehan, P.C. An overview of the numerous remedies available to an aggrieved employee for wrongful termination, including claims for discrimination and harassment, leave act violations, violation of privacy rights and protections, and retaliation whistle- blowing. The speakers discuss considerations relevant to evaluating, prosecuting, defending and resolving such claims and the ethical considerations to consider when accepting a case.

eight SCHEDULE THURSDAY JUNE 13, 2013

10:45am – 12:00pm 7 What all Practitioners Should Know About Civil Motions for Default

1.5 CREDITS and Default Judgments* Speakers : Hon. Allen P. Rubine, Associate Justice, RI Superior Court LEVELS – BEGINNER, INTERMEDIATE Michelle M. Hawes, Esq., Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C. Jessica L. Papazian-Ross, Esq., Visconti, Boren & Campbell, Ltd. The panelists cover all aspects of this important component of the civil litigation process including: applying to a clerk for default for failure to answer; obtaining default from the court; differences between default and default judgment; entering judgment by default; sum certain matters by the clerk; establishing amount of judg - ment by proof of claim hearing; notice necessary for hearing; motions to remove default; and motions to remove judgment by default.

10:45am – 12:00pm 8 Tax and Corporate Law Considerations When Buying and Selling

1.5 CREDITS a Business* Speakers: David C. Morganelli, Esq., CPA , Partridge Snow & Hahn LLP LEVEL – INTERMEDIATE Ryan W. Sawyer, Esq., Partridge Snow & Hahn LLP This seminar focuses on tax efficient strategies for buying and selling a business or splitting up a business, including aspects of stock and asset sales, tax-free mergers, tax-free split-offs and spin-offs, and insurance considerations for cross purchase agreements for the survivor. The corporate aspects include the sale of goodwill, the case for personal goodwill, and select issues with sale of intellectual property and covenants not to compete.

12:00 – 1:30pm Rhode Island Bar Association Members’ Luncheon Convention Center, Rotunda Enjoy a relaxed lunch with your colleagues, then take a leisurely stroll through the exhibits and recharge your batteries. Remember, our Cocktail Reception immediately follows the last seminar at 4:30 p.m., and our Annual Dinner begins at 6:00 p.m.

nine SCHEDULE THURSDAY JUNE 13, 2013

12:00 – 1:30pm Rhode Island Bar Foundation Annual Meeting – Convention Center, 1st Floor Fellows and invited guests receive a separate invitation for this event.

The Rhode Island Bar Foundation Annual Meeting is held in conjunction with the Rhode Island Bar Association Annual Meeting. President Michael A. St. Pierre and the Board of Directors are pleased to welcome and thank the Foundation Fellows who, through their professional, public and private careers have demonstrated outstanding dedication to the welfare of the community and to the objectives of the Foundation. During the luncheon we recognize the recipient organizations of Interest on Lawyers Michael A. St. Pierre, Esq. Trust Account (IOLTA) grants. Over $350,000 was granted this calendar year for the President provision of legal services and the administration of justice in Rhode Island. Recipients of the Thomas F. Black, Jr., Memorial Law School Scholarship are introduced.

1:30 – 2:45pm Concurrent Workshops (choose one from #9 -15) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

1:30 – 2:45pm 9 Making Your Case with a Better Memory (also offered at 10:45 – 12:00 – #2)

1.5 CREDITS Speaker: Paul Mellor, Success Links

LEVEL – ALL Would you like to have more time, less stress, better concentration, and no trouble remembering names and faces? If so, join nationally recognized memory training consultant, and Rhode Island native, Paul Mellor for a fun session to jumpstart your memory and learn how applying these skills can improve your everyday prac - tice. You’ll learn how a trained memory increases your efficiency and productivity in all aspects of law. You’ll shred the myth that memory can’t be enhanced, and lay a foundation for total recall. You’ll learn how to think quickly and clearly without fumbling for notes, how to remember names and faces, and gain techniques for getting through the day, a trial, or meeting without the fear of forgetting.

1:30 – 2:45pm 10 Update on Energy Law: New Tax, Regulatory and Environmental Concerns

1.5 CREDITS Moderator: Elliott Taubman, Esq., Taubman Law Offices, Ltd.

LEVEL – ALL Speakers: S. Paul Ryan, Esq., Barrington Ira B. Lukens, Esq., Massachusetts Gas Utility Counsel This program provides up to date information on 2012-2013 changes in laws and regulations affecting the state and nation. The panelists address the results of the 2012 reorganization of the Office of Energy Resources and its impact on renewable energy, the effect of 2013 tax law changes, and natural gas pricing.

ten SCHEDULE THURSDAY JUNE 13, 2013

1:30 – 2:45pm 11 Veterans’ Court 101*

1.5 CREDITS Moderator: Hon. Jeanne E. LaFazia, Chief Judge, RI District Court

LEVEL – ALL Speakers: Hon. Pamela Woodcock Pfeiffer, Associate Judge, RI District Court Thomas H. O’Brien, Esq., Assistant Attorney General, RI Department of the Attorney General M. Christine O’Connell, Esq., Office of the RI Public Defender Carol Giordano, LICS W, Director, Pretrial Services, RI District Court Richard Flynn, Veterans’ Justice Outreach Specialist, Veterans Administration John J. McMahon, Esq., Senior Service Representative, Department of Veterans’ Affairs This workshop reviews the history and goals of the Veterans’ Court, including strategic planning, the mechanics of the program, eligibility criteria, overview of the treatment modalities and potential dispositions. The discussion focuses on challenges inherent in the program, as well as the pathway to successful completion of the program.

1:30 – 2:45pm 12 In-Camera Testimony of Children in Child Custody Cases*

1.5 CREDITS Speakers: Hon. Laureen D’Ambra, Associate Justice, RI Family Court

LEVELS – INTERMEDIATE, Nicholas L. Colangelo, Esq., Law Offices of Nicholas L. ADVANCED Colangelo, Esq. James F. Queenan, Esq., Office of the RI Public Defender Karen A. Oliveira, Esq., Law Offices of Karen A. Oliveria, Esq. The panelists discuss the use of in-camera testimony in Family Court proceedings involving parental visitation, parenting time, child custody and/or placement as well as relocation matters and the RI DCYF .

1:30 – 2:45pm 13 Advising Trustees About Distributions from Special Needs Trusts*

1.0 CREDIT + .5 ETHICS Moderator : Lise M. Iwon, Esq., Laurence & Iwon

LEVEL – INTERMEDIATE Speakers: Nancy Chudacoff, Esq., Hardy Tabor & Chudacoff Jacqueline G. Kelley, Esq., Legal Services Administrator, RI Health and Human Services Panelists review state and federal laws and regulations relating to the distribution of funds held in Special Needs Trusts. The seminar includes a discussion of first party and third party funded trusts, allowed distributions and ethical issues to consider when making distributions.

eleven SCHEDULE THURSDAY JUNE 13, 2013

1:30 – 2:45pm 14 Recently Enacted Amendments to the Medical Affidavits Statute*

1.5 CREDITS Speakers: Hon. Patricia A. Hurst, RI Superior Court Associate Justice

LEVEL – ALL Donna M. Lamontagne, Esq., Zizik, Powers, O’Connell, Spaulding & Lamontagne, P.C. Mark B. Morse, Esq., Law Office of Mark B. Morse The presentation of medical evidence in Rhode Island through affidavits was first introduced through legislation in 1962. Over the fifty years that the statute, R.I. Gen. Laws § 9-19-27, has been on the books, the use of medical affidavits has vexed many practitioners, at times leading to costly or ineffective results. The speakers discuss the 2012 amendments to the statute, designed to ease and broaden the admissibility of medical evidence introduced by affidavit, and cover strategies and pitfalls.

1:30 – 2:45pm 15 Federal Court Mediation: What’s Not to Like About Cost, Confidentiality

1.5 CREDITS and Control? Moderator : Gordon P. Cleary, Esq., Vetter & White LEVEL – INTERMEDIATE Speakers: Hon. Lincoln D. Almond, Magistrate Judge, US District Court District of RI Hon. Patricia A. Sullivan, Magistrate Judge, US District Court District of RI Berry B. Mitchell, ADR Administrator/Arbitrator-Mediator, US District Court, District of RI Bruce I. Kogan, Esq., Professor and Mediation Clinic Director, RWU School of Law William A. Poore, Esq., Poore & Rosenbaum Mediation has developed into a favored alternative to expensive and uncertain civil trials as a means to resolve disputes. Focusing on both Court-annexed and private mediation, the panel explores the mediation process, the role of the mediator and the parties, and mediation strategies and tips that can yield a satisfactory result, and a satisfied client.

2:45 – 3: 15pm Afternoon Break Please stop by and learn how our exhibitors’ products and services may help your practice.

twelve SCHEDULE THURSDAY JUNE 13, 2013

3: 15 – 4:30pm Concurrent Workshops (choose one from # 16-22 ) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

3: 15 – 4:30pm 16 Social Media and Family Law*

1.0 CREDITS + .5 ETHICS Speakers: Brenda F. Rioles, Esq., Providence

LEVEL – ALL Timothy J. Conlon, Esq., TJC Esq. Divorce, child custody and DCYF cases now commonly involve evidence from Facebook and other social media. The speakers discuss how to obtain, preserve and introduce this evidence, and how to advise clients regarding the preservation of these materials.

3: 15 – 4:30pm 17 Recent Developments in Rhode Island Environmental Law

1.5 CREDITS Moderator: Jennifer R. Cervenka, Esq., Partridge Snow & Hahn LLP

LEVEL – INTERMEDIATE Speakers: Christopher A. D’Ovidio, Esq., Merolla & Accetturo Marisa A. Desautel, Esq., RI Department of Environmental Management Brian A. Goldman, Esq., RI Coastal Resources Management Council This workshop provides environmental practitioners, real estate attorneys, and others involved in land use and environmental regulation with an update on Rhode Island case law developments, regulatory charges and new statutory law in the environmental area.

3: 15 – 4:30pm 18 Ten Things All Practitioners Should Know About Legal Malpractice:

1.5 ETHICS Perspectives from Malpractice Litigators Speakers: Kara Thorvaldsen, Esq., Wilson, Elser, Moskowitz, Edelman & LEVEL – ALL Dicker, LL P, Boston, MA Joseph F. Leighton, Jr., Esq., Wilson, Elser, Moskowitz, Edelman & Dicker, LL P, Boston, MA Teresa Milano, Esq., Senior Claims Attorney, North America Risk Services, Boston, MA The panelists examine common situations leading to malpractice claims. The semi - nar features advice from seasoned malpractice litigators on strategies for avoiding such claims, including profiling problem clients, defining scope of proposed engage - ment, maintaining constant communication, and using the Rules of Professional Conduct as a guide.

thirteen SCHEDULE THURSDAY JUNE 13, 2013

3: 15 – 4:30pm 19 Wealth Management for Non -Traditional Families *

1.0 CREDIT + .5 ETHICS Moderator : Barbara Margolis, Esq., Office of the Disciplinary Counsel, RI Supreme Court LEVEL – INTERMEDIATE Speakers: Peri Aptaker, Esq., CP A/ PFS, CFP, CBA, Kahn Litwin Renza and Co. Renee A. R. Evangelista, Esq., Edwards Wildman Palmer LLP Focuses on ways to preserve wealth for non-traditional families including single parents, unmarried couples, grandparents caring for children, married gay and lesbian couples and those joined pursuant to the RI civil union law. The panelists discuss estate planning including trusts and other methods. This seminar also pro - vides tips and outlines on how to protect the wealth of non-traditional families as a result of the pending US Supreme Court case on DOMA and the increasing recog - nition of marriage between same gender couples throughout the country.

3: 15 – 4:30pm 20 New Claims and Remedies for State Wage and Hour Violations*

1.0 CREDIT + .5 ETHICS Speakers: Richard A. Sinapi, Esq., Sinapi Law Associates, Ltd.

LEVEL – INTERMEDIATE Charles S. Kirwan, Esq., Charles S. Kirwan & Associates Sonja L. Deyoe, Esq., Charles S. Kirwan & Associates Valentino D. Lombardi, Esq., Legal Counsel, RI Department of Labor & Training The speakers review recent changes to state wage and hour law which created a new private right of action including enhanced penalties for wage and hour viola - tions and counsel fees. The changes provide a remedy for misclassification of an employee as an independent contractor which provides substantial penalties and allows pursuit, administratively or civilly, through a private right of action. Among the presenters are: a lawyer involved in crafting the changes; a counsel who prose - cutes and defends these claims; and an attorney from the Department of Labor and Training involved in the administrative enforcement of state wage and hour law. Related ethical considerations are also discussed.

3: 15 – 4:30pm 21 Fundamentals of Medicare Secondary Payer Compliance*

1.5 CREDITS Speakers: Julie A. Dascoli, Esq., Edwards Wildman Palmer, LLP

LEVEL – INTERMEDIATE Kevin J. Gallagher, Esq., Edwards Wildman Palmer, LLP An overview of the statutory requirements of the Medicare Secondary Payer Act offering practical steps for all parties during settlement negotiations to minimize clients’ and attorneys’ risks to post-settlement exposure to Medicare. The speakers provide an up-to-date synopsis of the relevant case law, including a discussion of the current status of the law regarding Liability Medicare Set-Asides (LMSA s) in personal injury cases.

fourteen SCHEDULE THURSDAY JUNE 13, 2013

3: 15 – 4:30pm 22 Practical Tips for Clients and Their Lawyers Doing Business Outside

1.0 CREDIT + .5 ETHICS the United States Speaker: Andrew C. Spacone, Esq., Adler, Pollock & Sheehan, P.C. LEVEL – ALL The workshop focuses on practical solutions to avoid potential pitfalls when doing business outside the U.S. based on the participant’s experience dealing with interna - tional legal and business issues as former Deputy General Counsel & Assistant Secretary at Textron Inc. Topics include: 1) Practical Suggestions for Effective International Arbitration Agreements; 2) Practical Suggestions when Negotiating Contacts in China or Anywhere Outside the U.S. ; 3) Practical Tips When Dealing with International Disputes; and 4) Attorney/Client Privilege Outside the U.S. with emphasis on the European Union.

4:45pm Reception (Sponsored by Our Exhibitors) – Convention Center, 1st Floor

6:00pm Annual Dinner and Recognition of Officers – Convention Center, 1st Floor

2013 Pro Bono Publico Award Presented to an attorney whose outstanding efforts provide equal access to justice for the poor through the Bar’s Volunteer Lawyer Program. Kristy J. Garside, Esq.

Dorothy Lohmann Community Service Awards Dorothy Lohmann Community Service Awards recognize members for their volun - teer work benefiting non-profit organizations. The award is named in memory of Rhode Island attorney Dorothy Lohmann who devoted her entire professional life to helping the poor. V. Duncan Johnson, Esq.

Joseph T. Houlihan Lifetime Mentor Award Named in honor of Joseph T. Houlihan, this award recognizes individuals who consistently demonstrate an extra - ordinary commitment to serve as role models to other lawyers; have significantly contributed to the profession and/or the community; with their excellent counsel have excelled as mentors and contributed to the ideals of ethics, civility, professional - ism and legal skills. Carol Bourcier Fargnoli, Esq.

Chief Justice Joseph R. Weisberger Judicial Excellence Award Named in honor of its first recipient, Chief Justice (ret.) Joseph R. Weisberger, this award is presented to a judge of the Rhode Island State Courts or Federal District Court bench for exemplifying and encouraging the highest level of competence, integrity, judicial temperament, ethical conduct and professionalism. Hon. Bruce M. Selya

J. Robert Weisberger, Esq. Accepts the President’s Gavel fifteen SCHEDULE FRIDAY JUNE 14, 2013

8:00am Registration Begins and Exhibits Open – Convention Center, Ballroom Foyer, 5th Floor

8:45 – 9:00am President’s Welcome by Michael R. McElroy, Esq. – Ballroom A, 5th Floor

9:00 – 10:15am Concurrent Workshops (choose one from # 23-29 ) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

9:00 – 10:15am 23 Civil Case Law Update*

1.5 CREDITS Moderator: Hon. Francis X. Flaherty, Associate Justice, RI Supreme Court

LEVEL – ALL Speakers: Hon. Francis J. Darigan, Jr., Associate Justice, RI Superior Court (ret.) Hon. Netti C. Vogel, Associate Justice, RI Superior Court Hon. Judith Colenback Savage, Associate Justice, RI Superior Court Lauren E. Jones, Esq., Jones Associates Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson Jared A. Goldstein, Esq., Professor, RWU School of Law The distinguished panelists provide an informative and insightful overview of recent noteworthy civil case-related decisions issued by the United States Supreme Court and the Rhode Island Supreme Court.

9:00 – 10:15am 24 Representing Clients Before the Rhode Island Parole Board:

1.0 CREDIT + .5 ETHICS What Every Attorney Needs to Know* Speakers: Christopher S. Gontarz, Esq., Updegrove & Gontarz, Ltd. LEVELS – BEGINNER Victoria M. Almeida, Esq., Vice Chair, RI Parole Board Frederic G. Reamer, Ph.D., Member, RI Parole Board A practical introduction to the practice and procedures of the RI Parole Board, the speakers discuss criteria utilized in evaluating inmates for parole and the issues taken into consideration by the Board including inmate behavior, potential employ - ers and victim impact. Panelists also address the ethical issues arising when repre - senting clients in light of the victim impact statement.

sixteen SCHEDULE FRIDAY JUNE 14, 2013

9:00 – 10:15am 25 Practical Tips for Drafting Good Commercial Contracts

1.5 CREDITS Speakers: Andrew C. Spacone, Esq., Adler Pollock & Sheehan, P.C.

LEVEL – INTERMEDIATE The speaker explores major mistakes lawyers (and their clients) make when drafting commercial contracts. Lessons learned include the pre-drafting stage, negotiations and dispute avoidance through, inter alia , the use of contract administrators for complex contracts. The session provides practical tips and techniques based on the presenter’s experience drafting contracts and dealing with contract disputes as in-house counsel for Textron, Inc. and in private practice.

9:00 – 10:15am 26 Decoding Military Pay in Family Court*

1.0 CREDIT + .5 ETHICS Moderator : Vincent A. DiMonte, Esq., Johnston

LEVELS – INTERMEDIATE, Speakers: Cpt. Matthew S. Reid, Attorney Advisor, Staff Judge Advocate, ADVANCED RI National Guard Francis J. Flanagan, Esq., Commander (ret.), US Navy The speakers review current Rhode Island Supreme Court cases on what is consid - ered income in Family Court cases and provide detailed information on what income is available for child support obligors in Family Court who are active or retired military personnel. The speakers provide guidance on where to look and how to find information based on a person’s rank and other available data.

9:00 – 10:15am 27 A Maritime Law Primer for Ocean State Civil Litigation Practitioners*

1.5 CREDITS Moderator : Benjamin A. Pushner, Esq., Rob Levine & Associates

LEVEL – ALL Speakers: Robert E. Collins, Esq., Clinton & Muzyka, P.C. , Boston, MA Matthew Viveiros, Esq., Hunt & Viveiros, LLC , New Bedford, MA The panelists discuss the unique legal issues arising in common occurrences in and around water, such as accidents occurring on boats and at marinas. The seminar highlights areas of interest to both plaintiff and defense attorneys.

9:00 – 10:15am 28 Crossing the Finish Line: Ensuring the Settlement Agreement Does Not

1.5 ETHICS Create Another Lawsuit* Speakers : Michael E. Civittolo, Esq., Lawrence & Associates LEVEL – ALL David A. Grossbaum, Esq., Hinshaw & Culbertson LLP Panelists address the following questions: 1) How far can, and should, a defendant’s counsel go in getting confidentiality as part of the settlement, and what is, and should be, the plaintiff’s counsel’s response? 2) Can a defendant place limitations on a plaintiff’s lawyer to bring similar future cases against the same defendant, particularly in potential class action cases? 3) What are your obligations under the Medicare Secondary Payer statute when settling claims, including settlement agree - ment provisions protecting against legal malpractice exposure and a loss of client benefits? 4) Can a defendant get a future or unknown claims release?

seventeen SCHEDULE FRIDAY JUNE 14, 2013

9:00 – 10:15am 29 Law Practice Management Technology: Secrets of Success

1.0 CREDIT + .5 ETHICS Speakers: Rachelle R. Green, Esq., Duffy & Sweeney, Ltd.

LEVELS – INTERMEDIATE, Thomas Busch, The Profit Point Group, Inc. ADVANCED Joel J. Votolato, Esq., McCorry and Gannon, P.C. There is a wide variety of new technology available to lawyers, with new products coming onto the market rapidly. This seminar provides an overview of how lawyers at small to mid-sized firms can leverage law practice management technology and provide better and more efficient service to their clients. Practitioners and a tech expert share their experiences in managing firms with and without this technology. Law practice management solutions currently available and the benefits, ethical issues and potential pitfalls in using this technology are discussed.

10:15 – 10:45am Morning Break Enjoy a range of refreshments, conversation, and exhibitor products and services.

10:45am – 12:00pm Concurrent Workshops (choose one from # 30-36 ) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

10:45am – 12:00pm 30 Criminal Case Law Update*

1.5 CREDITS Moderator: Hon. Francis X. Flaherty, Associate Justice, RI Supreme Court

LEVEL – ALL Speakers: Hon. Francis J. Darigan, Jr., Associate Justice, RI Superior Court (ret.) Hon. Netti C. Vogel, Associate Justice, RI Superior Court Hon. Judith Colenback Savage, Associate Justice, RI Superior Court Lauren E. Jones, Esq., Jones Associates Thomas M. Dickinson, Esq., Law Offices of Thomas Dickinson Jared A. Goldstein, Esq., Professor, RWU School of Law The distinguished panelists provide an informative and insightful overview of recent noteworthy criminal case-related decisions issued by the United States Supreme Court and the Rhode Island Supreme Court.

eighteen SCHEDULE FRIDAY JUNE 14, 2013

10:45am – 12:00pm 31 Future of Legal Education: The Debate over Curriculum Refor m/Quality

1.0 CREDIT + .5 ETHICS and Ethical Representation by Newly-Admitted Practitioners Moderator: Thomas W. Lyons, III, Esq., Strauss Factor Laing & Lyons LEVEL – INTERMEDIATE Speakers: Deming E. Sherman, Esq., Edwards Wildman Palmer, LLP David A. Logan, Esq., Dean, RWU Law School Tanya Monstier, Esq., Associate Professor, RWU Law School Charu A. Verma, Esq., Committee for Public Services, MA A panel discussion by legal practitioners and academics considering the question of how law schools can help strengthen the skill set currently possessed by new practi - tioners to increase the quality and ethics of their legal representation of clients as newly-admitted practitioners. Although the emphasis is on strengthening of practi - cal skills, the panelists also address the idea that students with practice experience are more apt to be of greater value in a competitive job market.

10:45am – 12:00pm 32 Animal Law Update: Recent Case Law & Legislative Developments

1.5 CREDITS Speakers: Sara E. Sweeney, Esq., Cranston

LEVEL – ALL Elizabeth R. Merritt Taylor, Esq., Duane, Barton & Gilman, LLP Katy A. Hynes, Esq., Adler Pollock & Sheehan, PC This workshop provides the audience with a baseline of existing general animal laws, as well as recent developments in Rhode Island and nationally.

10:45am – 12:00pm 33 Domestic Violence Restraining and No Contact Orders*

1.5 CREDITS Moderator: Barbara L. Margolis, Esq., Office of the Disciplinary Counsel, RI Supreme Court LEVEL – INTERMEDIATE Speakers: Hon. Susan E. McGuirl, Associate Justice, RI Superior Court Hon. Jeanne L. Shepard, Magistrate, RI Family Court Hon. Elaine T. Bucci, Associate Judge, RI District Court Janet Gilligan, Esq., Deputy Director, RI Legal Services Daniel C. Guglielmo, Esq., Chief, Domestic Violence Unit, RI Attorney General Stacey A. Pires-Veroni, Esq., Chief, Criminal Division, RI Attorney General Michelle M. Alves, Esq., Office of the RI Public Defender This program focuses on client representation in upholding and/or defending against Restraining and No Contact Orders in Family Court, District Court and Superior Court in civil and criminal matters. The seminar includes a presentation on the jurisdictional requirements and relief available in these courts. Members of the Bench who hear the matters discuss how their courts address these issues and what they expect of attorneys appearing before them.

nineteen SCHEDULE FRIDAY JUNE 14, 2013

10:45am – 12:00pm 34 Opportunity Tweets: Social Media and Technology in the Judiciary

.5 CREDIT + 1.0 ETHICS Moderator : Ted Nesi, Digital Reporter, WPRI -TV

LEVEL – ALL Speakers: Hon. Brian P. Stern, Associate Justice, RI Superior Court Brian J. Lamoureux, Esq., Pannone Lopes Devereaux & West, LLC Craig Berke, Director of Community Outreach, RI Supreme Court The explosion of social media (Facebook, Twitter, LinkedIn) and technology (iPhones, Blackberries) creates confusion about how they can and should be used by lawyers, clients, judges, witnesses, jurors and court personnel. The panelists dis - cuss the use of social media and technology in the courts, addressing evidentiary issues, ethical concerns, jury conduct, and best practices for lawyers and judges to follow.

10:45am – 12:00pm 35 Best Practices and Avoiding Pitfalls in the US Bankruptcy Court*

1.5 CREDITS Moderator: Marcia McGair Ippolito, Esq., East Greenwich

LEVEL – ALL Speakers: Hon. Diane Finkle, US Bankruptcy Court Judge William K. Harrington, Esq., US Trustee, MA, NH, ME, RI Lynda L. Laing, Esq., Strauss, Factor, Laing & Lyons Christopher M. Lefebvre, Esq., Law Offices of Christopher M. Lefebvre Andrew S. Richardson, Esq., Chapter 7 Bankruptcy Panel Trustee, Boyajian, Harrington, Richardson & Furness Designed for lawyers who practice in or intend to practice in the U.S. Bankruptcy Court, this seminar focuses on best practice tips and avoiding pitfalls from the perspectives of: U.S. Bankruptcy Court Judge, D.R.I. ; the U.S. Trustee, D.R.I .; a Chapter 7 Trustee, D.R.I. , and bankruptcy attorney; and veteran creditor’s and debtor’s bankruptcy attorneys. Changes to the Bankruptcy Court’s Loss Mitigation program are reviewed.

twenty SCHEDULE FRIDAY JUNE 14, 2013

10:45am – 12:00pm 36 Difficult Privilege Issues in Civil Discovery*

1.0 CREDIT + .5 ETHICS Speakers: Paul M. Kessimian, Esq., Partridge Snow & Hahn LLP

LEVEL – INTERMEDIATE Scott T. Lashway, Esq., Asst. Vice President & Counsel, MassMutual Financial Group Howard A. Merten, Jr., Esq., Partridge Snow & Hahn LLP Making privilege determinations is increasingly difficult. The pace of litigation is accelerated. The volume of discovery, especially e-discovery, is exploding. Cases are more complex, interactions with experts more important. In-house lawyers wear more hats and do more as budgets are cut. Lawyers need to understand quick peek agreements, clawback provisions, the implication of changes in the federal rules and recent privilege decisions that impact interactions with third parties., 30 (b)(6) witnesses, and more. This workshop reviews critical these privilege issues, providing updates, discussing ethical obligations and identifying strategies for protecting the work product and attorney-client privileges.

twenty-one SCHEDULE FRIDAY JUNE 14, 2013

12:00 – 1:30pm Awards Luncheon – Convention Center, 1st floor Rhode Island Bar Journal Lauren E. Jones Writing Award The Rhode Island Bar Journal Writing Award recognizes authors of published Bar Journal articles on the basis of effectiveness of presentation, legal significance, and accuracy and depth of research and information provided.

Honorary Members Honoring our colleagues achieving fifty years of legal service John A. Baglini, Esq. Hon. Robert W. Lovegreen Thomas W. Barry, Esq. Gordon C. Mulligan, Esq. David W. Carroll, Esq. Thomas Henry Quinn, Esq. Paul J. Choquette, Jr., Esq. John L. Sousa, Esq. Avram N. Cohen, Esq. Bowen H. Tucker, Esq. Paul A. Fontaine, Esq. George M. Vetter, Jr., Esq. V. Duncan Johnson, Esq.

Tribute to Chief Justice Joseph R. Weisberger – Michael R. McElroy

Rhode Island Supreme Court Chief Justice ( 1993-20 01) Joseph R. Weisberger

Address by Chief Justice Paul A. Suttell , Supreme Court of Rhode Island

Rhode Island Supreme Court Chief Justice Paul A. Suttell

twenty-two SCHEDULE FRIDAY JUNE 14, 2013

1:30 – 2:30pm Concurrent Workshops (choose one from # 37-42 ) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

1:30 – 2:30pm 37 The Dos and Don’ts of Appellate Practice: A View From the Bench

1.0 CREDIT Moderator : John A. Tarantino, Esq., Adler Pollock & Sheehan, P.C.

LEVELS – BEGINNER, Speakers: Hon. Paul A. Suttell, Chief Justice, RI Supreme Court INTERMEDIATE Hon. Maureen McKenna Goldberg, Associate Justice, RI Supreme Court Hon. William P. Robinson, III , Associate Justice, RI Supreme Court Hon. Gilbert V. Indeglia, Associate Justice, RI Supreme Court Designed for lawyers who practice or who intend to practice in the Supreme Court, this seminar focuses on practical advice from members of the Rhode Island Supreme Court including: 1) Supreme Court conferences before a Duty Justice, including how to make an appointment; information submitted in advance of the conference; most effective written presentations; best ways to present an argument; things to avoid; and how to maximize the chances for success. 2) Supreme Court motion practice: suggestions on drafting effective and persuasive motion papers. 3) appellate briefing: suggestions for a strong and effective appellate brief. 4) oral argument: suggestions for making persuasive arguments. 5) question and answer session.

1:30 – 2:30pm 38 Advising the Government: A Conversation with Counsel to the Executive,

1.0 CREDIT Legislative and Judicial Branches Moderator : Julie P. Hamil, Esq., RI Judiciary Deputy General Counsel LEVEL – ALL Speakers: Claire J. V. Richards, Esq., RI Governor’s Executive Counsel Susan G. Pegden, Esq., RI House Speaker’s Chief Legal Counsel Edward M. Fogarty, Esq., RI Senate President’s Legal Counsel Erika Kruse Weller, Esq., RI Judiciary General Counsel Legal counsel from each branch of government discuss the structure and operation of their respective branches and explore the function of counsel in advising the agency. Learn who they are and how to contact them at this informative session.

twenty-three SCHEDULE FRIDAY JUNE 14, 2013

1:30 – 2:30pm 39 File Sharing and Cloud Computing for Attorneys

1.0 ETHICS Speaker: Timothy J. Conlon, Esq., TJC Esq.

LEVEL – ALL Whether it is Dropbox, iCloud or GoogleDocs, clients are increasingly relying on third-party or in-house file sharing solutions to move information to and from the law office. Professional practices are using shared files to collaborate with co-counsel and to share information with clients. The presentation addresses some of the more common technology solutions and the ethical issues related to the use of shared files.

1:30 – 2:30pm 40 How the RIDEA and the OHHS Can Help You and Your Older Clients*

1.0 CREDIT Speakers: Catherine Taylor, Director, RI Division of Elderly Affairs

LEVEL – ALL Jacqueline G. Kelley, Esq., Legal Administrator, RI Health and Human Services Deborah DiNardo, Esq., Partridge Snow & Hahn LLP This session provides information and direction to sources of support for Rhode Island elderly and their families including potential benefits and available resources. The panel discusses how, when and where to process assistance applications, Medicaid eligibility, estate recovery, and provides an insider’s view on the processing and handling of applications for benefits. The growing impact of financial abuse of the elderly is addressed, including questions to ask and issues to spot to help identify abuse by family and non-family members.

1:30 – 2:30pm 41 Incorporating Philanthropy into an Estate Plan*

1.0 CREDIT Speakers: David G. Coon, Esq., Brown University Development Center

LEVEL – INTERMEDIATE Paul A. Silver, Esq., Hinckley, Allen & Snyder LLP The seminar reviews tools, both simple and more complex, available to meet your client’s philanthropic goals. From how to make the most effective use of a charitable bequest, to a discussion of charitable remainder trusts and charitable lead trusts, the speakers highlight important techniques often overlooked or not used to maxi - mum effect. Areas covered include: methods affecting client income tax planning, gift tax planning and estate tax planning; ways to maximize the value of charitable gifts for fiduciary income tax purposes; and how inattention to tax allocation causes and fiduciary powers can negatively impact client philanthropy. While focusing primarily on the most common situations in planning for people of modest to more substantial means, techniques suitable for wealthier clients are also addressed.

twenty-four SCHEDULE FRIDAY JUNE 14, 2013

1:30 – 2:30pm 42 Assistance Animals: Competing Interests and Dueling Perspectives

1.0 CREDIT Speakers: John W. Dineen, Esq., Providence

LEVEL – ALL Francis A. Gaschen, Esq., Legal Counsel, RI Commission on Human Rights This session focuses on the developing area of the law involving assistance animals, particularly in relation to housing, public accommodations, and employment. The different federal and state definitions of assistance animal, along with the variety of statutes, will be addressed. The speakers deal with the concept of reasonable accommodations, when is a request made, what response is required, and what accommodations are reasonable. Breed-specific rules or prohibitions are also discussed.

2:30 – 2:45 pm Afternoon Break Enjoy a range of refreshments, conversation and exhibitor products and services.

2:45 – 4:00pm Concurrent Workshops (choose one from # 43-47 ) Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Courses taken for court appointment must be relevant to the panels.

2:45 – 4:00pm 43 Effective & Ethical Use of Email

1.5 ETHICS Speakers: Michael M. Goldberg, Esq., Legal Counsel, Office of the RI General Treasurer LEVEL – ALL Heather M. Bonnet-Hebert, Esq., Mandell, Schwartz & Boisclair Ltd. The speakers discuss the benefits and issues with using email as an effective com - munication method with clients. The topics covered include: 1) making sure your engagement letter contemplates email communications; 2) what email address you should use; 3) what should and should not be in your emails to clients; 4) cc’ing, bcc’ing and replying all; 6) delivery and read receipts; 7) the rules of attachments; 8) when should you encrypt emails; 9) emails from your mobile phone; 10) delayed emails; 11) what to include and not include in your email signature; 12) sometimes email isn’t the best, but it can work well with regular mail; and 13) client’s use of email.

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2:45 – 4:00pm 44 What You Need to Know When Appearing Before a Rhode Island

1.5 CREDITS Public Body Moderator: Michael P. Robinson, Esq., Shechtman Halperin Savage, LLP LEVEL – INTERMEDIATE Speakers: Carly Beauvais Iafrate, Esq., Providence Gayle Mambro-Martin, Esq., Legal Counse l/ Policy Analyst, RI Employees’ Retirement System Stephen M. Robinson, Esq., Robinson & Clapham William J. Conley, Jr., Esq., Law Office of William J. Conley, Jr. A discussion of legal issues that arise when appearing before public bodies in Rhode Island, with an emphasis on avoiding traps for the unwary. Panelists discuss procedural and substantive rights under the Administrative Procedures Act, access to discovery, making effective use of the Open Meetings Act, creation of an appropriate record, and how to seek review of an adverse decision.

2:45 – 4:00pm 45 International Child Custody Enforcement*

1.0 CREDIT + .5 ETHICS Moderator : Vincent A. DiMonte, Esq., Johnston

LEVELS – INTERMEDIATE, Speakers: Denise C. Aiken, Esq., Rhode Island Legal Services ADVANCED Neville J. Bedford, Esq., Providence This workshop highlights issues involving the Uniform Child Custody Jurisdiction Enforcement Act, Federal Parental Kidnapping Act, and the Hague Convention. Experienced practitioners who have handled cases involving these Acts review their cases and provide tips on how to handle such cases and associated hurdles.

2:45 – 4:00pm 46 Foreclosure and Evictions: Traps for the Unwary*

1.5 CREDITS Moderator: Jonathan L. Stanzler, Esq., Providence

LEVEL – INTERMEDIATE Speakers: Murray Gereboff, Esq., Gereboff & Gelade Brian M. Kiser, Esq., Marinosci Law Group, P.C. Michael Zabelin, Esq., RI Legal Services This session explores current law on lender foreclosures and how they affect owners and tenants in Rhode Island. The speakers discuss what the law is and the rights, duties and obligations of all interested parties.

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2:45 – 4:00pm 47 The Patient Safety and Quality Improvement Act: The New Privilege in

1.5 CREDITS Litigation and Healthcare Speakers : Paul E. Dwyer, Jr., Esq., Edwards Wildman Palmer, LLP LEVEL – INTERMEDIATE Peggy Binzer, Esq., McDermott Will Emery John B. Moretta, Esq., Edwards Wildman Palmer, LLP The federal Patient Safety and Quality Improvement Act (PSQIA) created a new privilege for “patient safety work product,” excluding such materials from the liti - gation and regulatory process. The RI General Assembly enacted similar legislation. The panelists discuss the PSQIA , Congress’ legislative intent in enacting PSQIA , and the impact of the PSQIA upon litigation, including malpractice claims and health care litigation. The speakers provide an overview of the PSQIA privilege and confi - dentiality protections, those in the Rhode Island Patient Safety and Quality Improvement Act, and the impact these on the discoverability of certain materials.

PLEASE NOTE NEW SEMINAR MATERIALS FORMAT & ALTERNATIVE

This year, all seminar materials are on a USB flash drive, the cost is included in your registration. Printed seminar materials are available for an added charge of $30 and must be pre-ordered. Please check the appropriate box on the registration form and pay the fee to order your copy. At-the-door registrants receive a USB flash drive only.

twenty-seven FEATURED PRODUCT AND SERVICE PROVIDERS The Rhode Island Bar Association appreciates the support and patronage of the following featured product and service providers, and encourages attendees to stop by their exhibit spaces to learn more.

ABA Retirement Funds LexisNexis – Martindale Hubbell 401(k) & other retirement funds Essential online visibility for your firm ww w.abaretirement .com ww w.lexisnexi s.com/law-firm-marketing

Aon Attorneys Advantage Liberty Mutual Professional liability & insurance products Home and auto insurance programs ww w.attorneys-advantage .com ww w.libertymutua l.com/ribar

Amicus Creative Media, LLC Rhode Island Association for Justice Custom website design and integrated site tools Association for trial lawyers ww w.amicuscreative .com ww w.rijustic e.org

Casemaker Rhode Island Judiciary – Cyber Café Legal research library and tools Computer and web access ww w.casemakerlegal .com ww w.court s.ri.gov

Catuogno Court Reporting & Stentel Rhode Island Lawyers Weekly Transcription Legal newspapers & publications Legal dictation & transcription ww w.rilawyersweekl y. com ww w.catuogn o.us Rhode Island Legal Services, Inc. CLIO Pro bono legal services Cloud-based legal practice management ww w.ril s.org ww w.gocli o.com Robson Forensic CMIT Solutions Forensic engineering & scientific investigation Technological Support ww w.robsonforensic .com ww w.cmitsolution s.com/centralri Roger Williams University School of Law Commonwealth Law Book Co. Marketing & recruiting Publisher of Rhode Island Rules Manual ww w.la w.rw u.edu

Cornerstone Records Management SJ Corio Company Records management and data protection Auction, appraisal, and liquidation services ww w.cornerstone-r m.com ww w.sjcori o. com

eVisionLaw Web Marketing Summit Pharmacy Web marketing and website design Pharmacy service specializing in medication delivery ww w.evisionla w.com ww w.summitr x.com

Excel Tech, Inc. Thomson Reuters Computer support Integrated information solutions; law practice & firm ww w.exceltec h.us management software and services ww w.thomsonreuter s. com Herbert H. Landy Insurance Agency Professional liability insurance USI New England and Delta Dental ww w.land y.com Employee medical & dental benefit programs ww w.us i.biz Lawyers Living a Balanced Life Attorney coaching and support services Washington Trust ww w.lawyerslivingabalancedlif e.com Personal/business banking & wealth management ww w.washtrust .com LexisNexis Online & print legal news & business information Webster Bank ww w.lexisnexi s.com Personal business banking, lending & investment services ww w.websterban k.com twenty-eight INFORMATION AND FEES

General Information The Annual Meeting registration deadline is Friday, June 7th. No registrations will be processed after that date. If you have not registered by June 7th, you must go to the walk-in registration desk. WALK-INS WILL NOT BE ON THE REGISTRA - TION LIST. Early registration is strongly encouraged. We cannot guarantee seats, meals, or conference materials to anyone registering after the deadline.

PAYMENT METHOD You may use cash, check, VISA, MasterCard, American Express, or Discover. Faxed registrations are accepted when paying with a credit card. The fax number is 401-421-2703. We cannot accept telephone registrations, bill you, nor issue invoices. Your cancelled check or charge receipt will serve as confirmation of your registration. NOTE: Registrations cannot be processed without payment.

NEW SEMINAR This year, all seminar materials are on a USB flash drive, the cost is included in your MATERIALS registration. Printed seminar materials are available for an added charge of $30 FORMAT & and must be pre-ordered. Please check the appropriate box on the registration form ALTERNATIVE and pay the fee to order your copy. At-the-door registrants will receive a USB flash drive only.

CHECK-IN Upon arrival, registrants and guests are required to check-in at the Bar Association desk on the 5th floor pre-function area of the Convention Center. The desk opens at 8:00 a.m. each day. Two-day registrants need only check-in on Thursday. To avoid standing in long lines, we suggest you arrive early.

CANCELLATION Refunds, less a $20 processing fee, are given to registrants who cancel by POLICY 12:00 noon, June 7th. There are no refunds for those who do not attend. However, written materials are provided or a substitute, who would have paid the same tuition rate, may attend for someone unable to do so.

SPECIAL Please indicate on the registration form if you require any special accommodations, ACCOMMODATION or call the CLE office at 401-421-5740 ( TTY 401-421-1666).

twenty-nine INFORMATION AND FEES

Registration Fees

CLE SESSIONS The daily registration fee includes admission to all CLE sessions, conference materi - als, continental breakfast, and coffee breaks. Registration is available for a full day only. Tickets are not available for individual seminars. The one-day fee is $265 ($225 for members admitted after 2008 and Associate Members). The two-day rate is $365 ($310 for lawyers admitted after 2008 and Associate Members.) If you would like both the USB and the printed materials, please add $30 to your registration fee. $25 will be added to the registration fee after June 7th.

Don’t register at the door! Save $25 by registering before June 7th.

FSCME ALogoLS GuideTickets for the Thursday Luncheon and Friday Awards Luncheon are available at a separate cost of $30 per person. Please order ahead. Meal tickets may not be available at the door. Tickets for the Bar Association Annual Dinner may also be purchased at a separate cost of $60 per person.

MCLE Annual Meeting seminars are approved for CLE credit as noted. Seminars marked

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with an asteCertri no.s XXX-XXX-000k (*) are approved for re-certification to court appointment panels. (Courses taken for credit for specific panels must be relevant to the panel.) Cert no. XXX-XXX-000

PARKING Parking is available, for a fee, in the Convention Center garages. The entrances are

on West Exchange StXX%reet. Parking is not included in the registration fee.

Cert no. XXX-XXX-000

By registering for the Rhode Island Bar Association Annual Meeting, all attendees, instructors and Cert no. XXX-XXX-000 exhibitors acknowledge they may be photographed during the meeting. They agree that such photographs are the sole property of the Rhode Island Bar Association, and they consent to the Bar Association’s unrestricted use of their name, portrait, photograph and other likeness in any and all commercial,

promotional and advertisinXX%g material without any monetary compensation.

Cert no. XXX-XXX-000

Cert no. XXX-XXX-000

XX%

Cert no. XXX-XXX-000

Cert no. XXX-XXX-000

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Cert no. XXX-XXX-000 thirty

Cert no. XXX-XXX-000 RHODE ISLAND BAR ASSOCIATION – 20 13 ANNUAL MEETING REGISTRATION FORM Your registration will not be processed until you mail or fax this form with payment to the Rhode Island Bar Association.

Complete one, typed or legibly printed, form for each registrant. Thursday, June 13, 20 13 – Please check off the programs you plan to attend Please return completed form with full payment by mail or fax, no later than June 7, 20 13 . Check one for each time slot. Mail: Rhode Island Bar Association, 115 Cedar Street, Providence, RI 02903 9:20 – 10:20 am Fax: 401-421-2703 (fax payments by Visa, MasterCard, AMEX or Discover only) ______1 Keynote: Professor Arthur R. Miller, Esq. .5 credit + .5 ethics Payments must accompany registrations. No telephone registrations are accepted. 10:45 am – 12:00 pm Online registration is not available for this event. ______2 Making Your Case with a Better Memory 1.5 credits However, an interactive pdf is available for your convenience at www.ribar.com. or ______3 Understanding Franchise Relationships* 1.5 credits or ______4 Digital Forensics for Litigators* 1.5 credits or ______5 Refusal Cases: Beyond the Basics* 1.5 credits ______Name ______(last) (first) (MI) or 6 Remedies for Wrongful Terminations* 1.0 credit + .5 ethics or ______7 Civil Motions - Default & Default Judgments* 1.5 credits Bar ID# ______or ______8 Tax & Corp. Law: Business Buying & Selling* 1.5 credits 1:30 – 2:45 pm Firm ______9 Making Your Case with a Better Memory 1.5 credits or ______10 Update on Energy Law 1.5 credits Address ______or ______11 Veterans’ Court 101* 1.5 credits or ______12 In Camera Testimony in Child Custody Cases* 1.5 credits ______City ______State ______ZIP ______or 13 Advising Trustees in Special Needs Trusts* 1.0 credit + .5 ethics or ______14 Amendments to Medical Affidavits Statute* 1.5 credits or ______15 Federal Court Mediation 1.5 credits Telephone ______3:15 – 4:30 pm ______e-mail ______16 Social Media & Family Law* 1.0 credit + .5 ethics or ______17 Recent Developments: RI Environmental Law 1.5 credits Registration Fees or ______18 Ten Things to Know about Legal Malpractice 1.5 ethics or ______19 Non -Traditional Family Wealth Management* 1.0 credit + .5 ethics Registration on or before or ______20 New Claims/Remedies: Wage/Hour Violations* 1.0 credit + .5 ethics June 7, 2013 after June 7, 2 0 13 ($25 added) or ______21 Medicare Secondary Payer Compliance* 1.5 credits Members or ______22 Doing Business Outside the USA 1.0 credit + .5 ethics 2-day $365 ______$390 ______Thurs. only $265 ______$290 ______Friday, June 1 4, 20 13 – Please check off the programs you plan to attend Fri. only $265 ______$290 ______$ ______Only check one for each time slot. Members admitted after 1/1/ 08 and Associate Members 9:00 – 10:15 am ______23 Civil Case Law Update* 1.5 credits 2-day $310 ______$335 ______or ______24 Representing Clients before Parole Board* 1.0 credit + .5 ethics ______Thurs. only $225 $250 or ______25 Practical Tips: Drafting Good Contracts 1.5 credits Fri. only $225 ______$250 ______$ ______or ______26 Decoding Military Pay in Family Court* 1.0 credit + .5 ethics or ______27 Maritime Law Primer* 1.5 credits Meals (for all registrants) or ______28 Settlement Agreements: Crossing Finish Line* 1.5 ethics Thursday Lunch ______@ $30 $ ______or ______29 Law Practice Management Technology 1.0 credit + .5 ethics Thursday Annual Dinner & Entertainment ______@ $60 $ ______10:45 am – 12:00 pm Friday Awards Lunch ______@ $30 $ ______30 Criminal Case Law Update* 1.5 credits or ______31 Future of Legal Education & Law Schools 1.0 credit + .5 ethics PLEASE NOTE : This year, all seminar materials are on a USB flash drive. The or ______32 Animal Law Update 1.5 credits cost for this is included in your registration. While printed seminar materials or ______33 Dom. Violence: Restraining/No Contact Orders* 1.5 credits are available, there is an added charge of $30. If you do not choose to pay or ______34 Opportunity Tweets: Social Media .5 credit + 1.0 ethics for the printed materials, you will receive a USB flash drive only. or ______35 Best Practices in Bankruptcy Court* 1.5 credits or ______36 Difficult Privilege Issues in Civil Discovery* 1.0 credit + .5 ethics Printed Seminar Materials ______@ $30 $ ______1:30 – 2:30 pm Payment must accompany registration Total Enclosed $ ______37 Dos & Don’ts of Appellate Practice* 1.0 credit or ______38 Advising the Government 1.0 credit Return form by June 7. Only registrations with payment will be processed. or ______39 File Sharing & Cloud Computing 1.0 ethics or ______40 Div. of Elderly Affairs Help for Older Clients* 1.0 credit Choose one: ______Enclosed is my check payable to the Rhode Island Bar Association or ______41 Incorporating Philanthropy in Estate Plans* 1.0 credit ______VISA ______MasterCard ______AMEX ______DISCOVER or ______42 Assistance Animals 1.0 credit 2:45 – 4:00 pm Card # ______Exp. date ______43 Effective & Ethical Use of Email 1.5 ethics or ______44 Appearing before a Public Body 1.5 credits Signature ______or ______45 International Child Custody Enforcement* 1.0 credit + .5 ethics Please ensure your signature does not obscure your card # and/or Exp. Date. or ______46 Foreclosure & Evictions: Traps for Unwary* 1.5 credits or ______47 Patient Safety & Quality Improve. Act Litig. 1.5 credits FOR OFFICE USE * Please Note: Courses marked with an asterisk (*) are approved for re-certification to court appointment panels. Check No. ______Amount $ ______Date received ______Courses taken for court appointment should be relevant to panels. Rhode Island PRESRT STD Bar Association U. S. POSTAGE PAID 115 Cedar Street Providence, RI Providence, RI Permit #135 1 02903

YOUR 2 013 ANNUAL MEETING SCHEDULE AND REGISTRATION