2021Annual Meeting 30+ SESSIONS 100% VIRTUAL
iowabar.org/annualmeeting JUNE 7—11 11 MONDAY | JUNE 7
9:00 - 9:30 a.m. Welcome to the 2021 ISBA Annual Meeting Hon. Susan Christensen, Chief Justice, Iowa Supreme Court Jerry Schnurr, ISBA President Anjela Shutts, ISBA President-Elect
CLE PROGRAMMING
Case Law Track
9:40 - 10:40 a.m. Criminal Case Law Update Hon. Paul Ahlers, Iowa Court of Appeals (1 State) A review and discussion of published opinions on criminal cases issued by the Iowa Supreme Court and Iowa Court of Appeals.
2:00 - 3:00 p.m. Civil Case Law Update Hon. Paul Ahlers, Iowa Court of Appeals (1 State) A review and discussion of published opinions on civil cases issued by the Iowa Supreme Court and Iowa Court of Appeals.
Business Law Track
3:00 - 5:00 p.m. The New Iowa Business Corporation Act Bill Boyd, Nyemaster Goode PC Prof. David Walker, Drake University Law School (2 State) This presentation will cover the Iowa business corporation legislation that was recently passed by the legislature.
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Ag Law Track
11:45 a.m. - 12:45 p.m. Agricultural Law Update: Looking Back and Looking Ahead Kristine Tidgren, Director, Center for Agricultural Law & Taxation, Dolezal Adjunct Assistant Professor, Agricultural Education (1 State) Kristine reviews recent case law and the legislation most impacting agricultural producers. She also looks ahead to discuss pending proposals that could significantly change transition and estate planning for farmers and landowners around the country.
12:45 - 1:45 p.m. Developments in Environmental Agricultural Law: A Panel of Private and Governmental Perspectives Secretary Bill Northey, WHNorthey, LLC, Fmr. Iowa Secretary of Agriculture and Fmr. USDA Undersecretary for Farm Production and Conservation Adam Kiel, Managing Director, Soil and Water Outcomes Fund, Executive Vice President, AgOutcomes Eldon McAfee, Brick Gentry P.C. (1 State) This panel discussion will cover the most recent developments in environmental agricultural law through both the private and governmental lens.
Legislative Track
10:40 - 11:30 a.m. 2021 Legislative Update James Carney, Carney & Appleby PLC Jenny Dorman, Carney & Appleby PLC Doug Struyk, Carney & Appleby PLC (0.75 State) This session is an update on legislation and budgets considered by the 2021 Iowa General Assembly.
CLE Credit Total - Monday
6.75 state hours
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CLE PROGRAMMING
Family Law Track
9:00 - 10:00 a.m. Family Law Update James Meade, Meade Law Office (1 State) The most significant Iowa family law legislation and decisions of the Iowa Supreme Court and the Iowa Court of Appeals are integrated into James’ presentation and 100-page outline of Iowa family law.
10:00 - 10:30 a.m. Spousal Support in Light of In re the Marriage of Mann Madison Schroeder, Simmons Perrine Moyer Bergman PLC (0.50 State) This session will review the 2020 Iowa Supreme Court case “In re the Marriage of Mann” with a focus on its implications for spousal support. The subsequent appellate treatment of Marriage of Mann will also be analyzed, with a focus on what practice pointers can be learned from these recent cases.
10:30 - 11:00 a.m. Same-Sex Relationships and Concepts of Common Law Marriage Joseph Pavelich, Spies & Pavelich (0.50 State) When the relationship between a same-sex couple predates by years or even decades their legal marriage, how should advocates argue that the court should consider the longer relationship related to property division and alimony eligibility? This presentation will survey Iowa cases and other jurisdictions, and explore the relevance of common-law marriage concepts, to guide equitable solutions and advocacy on behalf of persons for whom “length of marriage” tells only part of their story.
11:10 a.m. - 12:10 p.m. The Intersection of Criminal Law and Family Law Mark Fisher, Howes Law Firm PC Thomas Farnsworth, Farnsworth Law PLC (1 State) Areas of practice often intersect and can have a substantial impact on one another. This session will explore, among other things, protective orders, operating while intoxicated charges, supervised visitation, firearm possession and the impact each of these matters can have in family and criminal court.
12:30 - 1:30 p.m. Qualified Residential Treatment Program Guidelines Ellen Ramsey Kacena, Office of the Attorney General of Iowa Kristin Konchalski, Department of Human Services (1 State; 1 Juvenile) The speakers will give an overview of Iowa’s implementation of Qualified Residential Treatment Programs, a key piece of the Family First legislation. Process and procedures for placing youth in these programs and the on-going oversight required will be reviewed. TUESDAY | JUNE 8
Family Law Track (cont’d)
1:30 - 2:30 p.m. Resist, Refuse and Reunification Moderator: Diane Dornburg, Iowa Center For Children’s Justice Susan Gauger, SRG Counseling and Assessment Services, LLC Lawrence Scanlon III, Scanlon Law Office, Inc. Kimberly Stamatelos, Stamatelos & Associates (1 State; 1 Juvenile) A panel including lawyers and mental health professionals will consider the reasons behind a child resisting or refusing contact with a parent, the difficulties in sorting out the underlying issues and the realities of reunification therapy.
Real Estate Track
2:45 - 3:30 p.m. And Your Little Dog, Too: Emotional Support Animals and Other Recent Developments in Landlord/Tenant Law Erek Sittig, Holland, Michael, Raiber & Sittig PLC (0.75 State) Erek will cover emotional support animals and other recent developments in landlord/tenant law.
3:30 - 4:00 p.m. Iowa Tax Sales Charles Augustine, Klatt Augustine & Rastede, PC (0.50 State) Join Charles for an overview of Iowa tax sale law, including a discussion of the redemption process, actions adverse to tax titles and statutes of limitation pertaining to tax sales and tax titles.
CLE Credit Total - Tuesday
6.25 state hours which includes 2 juvenile law hours ISBA CAREER CENTER
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CLE PROGRAMMING
Ethics Track
9:00 - 10:00 a.m. Meet the Regulators: A Candid Chat with Prosecutors for the Attorney Disciplinary Board Moderator: Tara van Brederode, Attorney Disciplinary Board Lawrence Dempsey, Attorney Disciplinary Board Alexis Grove, Attorney Disciplinary Board Crystal Rink, Attorney Disciplinary Board Allison Schmidt, Attorney Disciplinary Board (1 State; 1 Ethics) The lawyer disciplinary process can seem mysterious and scary to practitioners. Attorney regulation is a narrow specialty, and most Iowa lawyers never encounter disciplinary prosecutors in any setting, let alone an informal one. This panel will allow attendees to meet the prosecutors who work for the Attorney Disciplinary Board and to hear behind-the-scenes details about how the Board handles ethics complaints.
Probate Track
10:15 - 11:15 a.m. Uniform Custodial Trust Act Carla Hughes, GreenState Credit Union Janice Kerkove, Bradley & Riley (1 State) An overview of the uses and mechanics of the Iowa Uniform Custodial Trust Act and its impact on other provisions of Iowa law.
11:30 a.m. - 12:30 p.m. Pointers for Practitioners in Probate Court Hon. Craig Block, District Associate Probate Judge, District 5C (1 State) This session will address probate matters, trusts, guardianships and conservatorship updates.
12:30 - 1:30 p.m. Estate Planning Strategies for Potentially Higher Tax Rates Jana Luttenegger Weiler, Dentons Davis Brown (1 State) Most estate planners and financial advisors agree changes are coming for income taxes and estate taxes. But what we don’t know, is what those changes might be. Jana will discuss some opportunities to consider now, before laws change, and potential implications of proposed changes.
1:30 - 2:30 p.m. Iowa Probate and Estate Planning Legislative Update Susan Pence, Attorney at Law (1 State) A summary of legislation enacted in 2021 affecting the practice of law in the areas of estate planning and administering trusts, estates and other probate matters. WEDNESDAY | JUNE 9
Commercial and Bankruptcy Law Track
2:45 - 3:30 p.m. Bankruptcy Law Update Hon. Thad Collins, Chief Judge, United States Bankruptcy Court, Northern District of Iowa Hon. Lee Jackwig, Chief Judge, United States Bankruptcy Court, Southern District of Iowa Hon. Anita Shodeen, United States Bankruptcy Court, Southern District of Iowa (0.75 State) A review of appellate cases involving bankruptcy issues of interest from members of the Unites States Bankruptcy Courts.
3:30 - 4:00 p.m. Small Business Reorganization Act - Subchapter V, One Year Later Robert Gainer, Subchapter V Trustee, Cutler Law Firm L. Ashley Wieck, Office of the United States Trustee, Southern District of Iowa (0.50 State) Speakers will discuss the Small Business Reorganization Act in practice. Topics include recurring and hot issues, case statistics and developing case law. Hear perspectives from the Office of the United States Trustee, Subchapter V trustee and debtor counsel.
Diversity and Inclusiveness Track
4:00 - 5:00 p.m. Advancing Diversity, Equity and Inclusion: An Employer’s Holistic Perspective Carla Allen, Head of Employee Relations, Nielsen Media Matthew Hanzlik, Head of Strategic Initiatives, Nielsen Media Anita Pancholi, General Counsel, Global Labor & Employment, Nielsen Media (1 State; 1 Diversity and Inclusion) Diversity, Equity and Inclusion (DEI) is a business imperative for employers large and small. Nielsen, the global measurement company best known for the iconic Nielsen Television Ratings, will share its global, holistic approach to advancing DEI as a multinational employer across 60+ countries and all 50 states. While Nielsen’s scale is global, its partnership approach between its human resources, DEI, and legal departments is local and applicable to employers of all sizes.
CLE Credit - Wednesday
7.25 state hours which includes 1 diversity and inclusion hour and 1 ethics hour
11 THURSDAY | JUNE 10
CLE PROGRAMMING
Diversity and Inclusiveness Track
8:30 - 10:00 a.m. Interrupting Bias, Welcoming Diversity and Reclaiming Civility: Making the Iowa Bar Truly Welcoming and Inclusive Moderator: Emily Chafa, Chair, ISBA Diversity and Inclusiveness Committee Bill Boyd, Nyemaster Goode PC Tyler Coe, Whitfield & Eddy Law Henry Hamilton, Administrative Law Judge Eric Nemmers, American Enterprise Group, Inc. Kristymarie Shipley, Shuttleworth & Ingersoll, P.L.C. Deborah Tharnish, Dentons Davis Brown (1.50 State; 1.50 Diversity and Inclusion) A panel of Iowa lawyers who are active members of the ISBA Diversity and Inclusiveness Committee or the ISBA Young Lawyers Division Diversity Committee will provide tools to interrupt bias in many settings; advice and suggestions for reclaiming civility and respect in our interactions with other lawyers, parties, litigants and judges; and practical ways to make the Iowa bar more diverse, inclusive and truly welcoming to all.
Litigation Track
10:15 - 11:15 a.m. Employment Law: A State and Federal Law Update Moderator: Bridget Penick, Fredrikson & Byron, P.A. Kelsey Knowles, Belin McCormick P.C. Beatriz Mate-Kodjo, Timmer & Judkins, PLLC (1 State) Panelists will cover the state and federal legislative, agency and judicial developments in employment law over the last year. It will also discuss the ever-changing impact of COVID on workplaces, including remote work, vaccination, masks, unemployment and paid sick leave.
11:15 a.m. - 12:00 p.m. Workers’ Compensation Update Ashley Grieser, McKinney Law Offices P.C. (0.75 State) Ashley will cover what’s new at the agency, the evolution of shoulder cases and other cases discussing the new law - not pertaining to shoulders.
12:15 - 1:00 p.m. Introducing New Magistrate Judge Stephen Locher Hon. Stephen Locher, U.S. District Court for the Southern District of Iowa (0.75 State) New Magistrate Judge Stephen Locher will introduce himself as a judge to the ISBA, provide other updates on the Southern District of Iowa, discuss court preferences and best practices and answer questions from attendees.
1:00 - 2:00 p.m. Constructing and Delivering Opening Statements Prof. Justin Bernstein, Director of the A. Barry Cappello Program in Trial Advocacy, UCLA School of Law (1 State) Prof. Justin Bernstein will show attendees how to craft a winning opening statement. THURSDAY | JUNE 10
Judges Track
2:15 - 3:15 p.m. Iowa Evidence Update for Judges Prof. Laurie Doré, Drake University Law School (1 State) Prof. Doré covers major developments in Iowa and federal evidence law during the last five years, while also discussing some of the recurring evidence issues that Iowa Judges regularly confront in criminal and civil cases.
3:15 - 4:15 p.m. The Basics of Compelled Decryption Brett Wessels, Assistant County Attorney, Pottawattamie County (1 State) Compelled decryption is a highly fluid legal issue implicating the Fifth Amendment right against self-incrimination. This presentation will provide a basic overview of the legal controversy by identifying and explaining three important distinctions impacting compelled decryption. These distinctions are (1) encryption vs. decryption, (2) biometric security vs. password and (3) testimonial vs. non-testimonial.
Ethics Track
4:15 - 5:15 p.m. Disqualification for Conflict of Interest Nick Critelli, CritelliLaw PC (1 State; 1 Ethics) Judges and lawyers frequently encounter motions to disqualify based upon conflict of interest of opposing counsel. Sometimes the motion is used as a tactic to deprive an opponent of their counsel of choice. In this session, Nick looks to clear up the confusion regarding the nature of a conflict which would require disqualification.
CLE Credit Total - Thursday
8 state hours which includes 1.50 diversity and inclusion hours and 1 ethics hour
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CLE PROGRAMMING
Elder Law Track
9:00 - 10:30 a.m. Guardianships and Where We Are Today Kristen Boldt, Harmony Law Jennifer Donovan, Iowa Department on Aging (1.50 State) The guardianship and conservatorship updates to the Iowa code ushered in several changes from new reporting procedures and forms to new alternatives for providing the necessary care. This session, lead by board members of the Guardianship Association of Iowa Network (GAIN), will cover the new requirements under the code as well as discuss tools available for legal and medical practitioners in determining capacity; how to determine if guardianship and conservatorship is needed and whether there are less restrictive alternatives; new tools available for practitioners and clients such as mediation and the office of public guardians.
10:45 a.m. - 12:00 p.m. Long-Term Care and COVID Update Moderator: Anthony Carroll, Advocacy Director, AARP Iowa Sam Brooks, National Consumer Voice for Quality Long-Term Care Larry Johnson, Director, Iowa Department of Inspections and Appeals (1.25 State) COVID-19 posed many challenges to long-term care facilities, its staff, residents and families across the country. Speakers will discuss the challenges long-term care faced over the past year and the federal regulatory changes from the Centers for Medicare and Medicaid Services: testing, personal protective equipment, infection control, visitation, vaccination and survey activity. Department of Inspections and Appeals and regulatory trends and updates will also be covered.
12:00 - 12:45 p.m. Abuse of Older Persons: The Current State of the Law Moderator: Anthony Carroll, Advocacy Director, AARP Iowa Gloriana Fisher, Designee of Director of Human Services Chantelle Smith, Iowa Attorney General’s Office (0.75 State) Panelists discuss the intersection and divergence of dependent adult abuse and what is commonly referred to as “elder abuse.” This will include conversations about recent changes to the handling of abuse reports and investigations by the Department of Human Services and the challenges faced by older Iowans experiencing abuse.
Wellness Track
2:00 - 3:00 p.m. Healthy Living for Your Brain and Body Teri Skoog, Alzheimer’s Association (1 State; 1 Wellness) Learn about research in the areas of diet and nutrition, exercise, cognitive activity and social engagement, and use hands-on tools to help you incorporate these recommendations into a plan for healthy aging. FRIDAY | JUNE 11
Young Lawyers Track
1:00 - 2:00 p.m. Committing to Diversity, Equity and Inclusion in Your Workplace: A Roundtable Discussion Moderator: Gabe Walsh, Co-Chair, ISBA Young Lawyers Division Diversity Committee Emily Chafa, Chair, ISBA Diversity and Inclusiveness Committee Abhay Nadipuram, Co-Chair, ISBA Young Lawyers Division Diversity Committee Anjie Shutts, ISBA President-Elect Johnny Taylor, CEO, Society for Human Resource Management (1 State; 1 Diversity and Inclusion) Creating a workplace culture that prioritizes diversity, equity and inclusion (DEI) doesn’t happen overnight. It’s a slow and steady process that requires mindfulness, planning and dedication. This CLE session will discuss why these initiatives are important and how workplaces both big and small can take meaningful steps to increase DEI efforts, including how you and your employer can get started on the ISBA Young Lawyers Division DEI Pledge.
3:00 - 4:00 p.m. Judges Panel: Technology Takeaways in Court from COVID-19 and Practice Pointers Hon. Andrew Chappell, District Court Judge, District 6 Nicole Merrill, Chief Administrative Law Judge, Iowa Workforce Development Hon. Amy Moore, District Court Judge, District 2B Magistrate Beth Tigges, Magistrate Judge, District 5C (1 State) What a year! In this CLE, criminal, civil, small claims and administrative judges will discuss the best things to come from COVID-19, including successful technology tips and tricks that may be welcomed beyond the pandemic. Panelists will also discuss common mistakes they see attorneys make in case presentation and writing and how to build relationships with your local bench.
4:00 - 4:30 p.m. Guaranteed to Work or Your Money Back: Successful Lawyering from the Comfort of Your Chair Bobby Rehkemper, Gourley, Rehkemper & Lindholm, PLC (0.50 State) This session will cover pretrial and discovery basics.
CLE Credit Total - Friday 7 state hours which includes 1 diversity and inclusion hour and 1 wellness hour
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CLE CREDIT GUIDE
MONDAY
TRACKS AND TOPICS DIVERSITY ETHICS JUVENILE STATE WELLNESS
Ag Law Track
Agricultural Law Update: Looking Back and 1 Looking Ahead
Developments in Environmental Agricultural Law: A 1 Panel of Private and Governmental Perspectives
Business Law Track
The New Iowa Business Corporation Act 2
Case Law Track
Criminal Case Law Update 1
Civil Case Law Update 1
Legislative Track
2021 Legislative Update 0.75
TOTAL: 6.75 state hours
TUESDAY
TRACKS AND TOPICS DIVERSITY ETHICS JUVENILE STATE WELLNESS
Family Law Track
Family Law Update 1
Spousal Support in Light of In re the Marriage of Mann 0.50
Same-Sex Relationships and Concepts of Common 0.50 Law Marriage
The Intersection of Criminal Law and Family Law 1
Qualified Residential Treatment Program Guidelines 1 1
continued on following page CLE CREDIT GUIDE
TUESDAY (CONT’D)
TRACKS AND TOPICS DIVERSITY ETHICS JUVENILE STATE WELLNESS
Resist, Refuse and Reunification 1 1
Real Estate Track
And Your Little Dog, Too: Emotional Support Animals and Other Recent Developments in Landlord/Tenant 0.75 Law
Iowa Tax Sales 0.50
TOTAL: 6.25 state hours which include 2 juvenile law hours
WEDNESDAY
TRACKS AND TOPICS DIVERSITY ETHICS JUVENILE STATE WELLNESS
Ethics Track
Meet the Regulators: A Candid Chat with Prosecutors 1 1 for the Attorney Disciplinary Board
Probate Track
Uniform Custodial Trust Act 1
Pointers for Practitioners in Probate Court 1
Estate Planning Strategies for Potentially Higher Tax Rates 1
Iowa Probate and Estate Planning Legislative Update 1
Commercial and Bankruptcy Law Track
Bankruptcy Law Update 0.75
Small Business Reorganization Act - Subchapter V, 0.50 One Year Later
Diversity and Inclusiveness Track
Advancing Diversity, Equity and Inclusion: An 1 1 Employer’s Holistic Perspective
TOTAL: 7.25 state hours which includes 1 diversity and inclusion hour and 1 ethics hour CLE CREDIT GUIDE
THURSDAY
TRACKS AND TOPICS DIVERSITY ETHICS JUVENILE STATE WELLNESS
Diversity and Inclusiveness Track
Interrupting Bias, Welcoming Diversity and Reclaiming Civility: Making the Iowa Bar Truly Welcoming and 1.50 1.50 Inclusive
Litigation Track
Employment Law: A State and Federal Law Update 1
Workers’ Compensation Update 0.75
Introducing New Magistrate Judge Stephen Locher 0.75
Constructing and Delivering Opening Statements 1
Judges Track
Iowa Evidence Update for Judges 1
The Basics of Compelled Decryption 1
Ethics Track
Disqualification for Conflict of Interest 1 1
TOTAL: 8 state hours which includes 1.50 diversity and inclusion hours and 1 ethics hour
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iowabar.org/cleseasonpass CLE CREDIT GUIDE
FRIDAY
TRACKS AND TOPICS DIVERSITY ETHICS JUVENILE STATE WELLNESS
Elder Law Track
Guardianships and Where We Are Today 1.50
Long-Term Care and COVID Update 1.25
Abuse of Older Persons: The Current State of the Law 0.75
Wellness Track
Healthy Living for Your Brain and Body 1 1
Young Lawyers Track
Committing to Diversity, Equity and Inclusion in Your 1 1 Workplace: A Roundtable Discussion
Judges Panel: Technology Takeaways in Court from 1 COVID-19 and Practice Pointers
Guaranteed to Work or Your Money Back: Successful 0.50 Lawyering from the Comfort of Your Chair
TOTAL: 7 state hours which includes 1 diversity and inclusion hour and 1 wellness hour
QUESTIONS?
Christy Cronin, ISBA CLE Director [email protected] 515-697-7874
The Iowa State Bar Association (Main Line) 515-243-3179
IOWABAR.ORG/CLE
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