April 2012 Section News
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The Administrative Law section meets quarterly. The section’s next meeting will be Monday, June 4, 2012, at 12 noon at the Bar office.
Juneau Members: You can attend section meetings at the Department of Law in the Dimond Courthouse (123 Fourth Street), 5th floor conference room. Because the 5th floor is secure, access the meeting by going first to the department’s reception area on the 6th floor, opposite the main elevators. This location will be connected by conference call.
For more section information, please contact co-Chairs Stuart W. Goering at email@example.com or 907-269-5200; and Becky Kruse at firstname.lastname@example.org or 907-269-3036.
The Admiralty Law section meets quarterly. The next meeting will be Thursday, May 10, 2012, at 12 noon at the Bar office.
For more section information, please contact co-Chairs Steve Shamburek at email@example.com or 907-522-5339; and Mark Manning at firstname.lastname@example.org or 907-278-9794.
Alaska Native Law
The Alaska Native Law section will meet on Thursday, April 19, 2012, at 12 noon at the Bar office.
U of W Law School’s Native American Law Center. The section is fortunate to have Professor Ron Whitener in Anchorage visiting from the University of Washington School of Law. Professor Whitener will discuss his work with the Indian Law & Order Commission Tribal Advisory Committee which provides guidance and feedback as the Commission develops its proposals to the President and Congress. Professor Whitener will also discuss the work the UW Native American Law Clinic is doing and the Executive Model law school. 1 General CLE Credit.
For more section information, please contact co-Chairs Melanie Osborne at email@example.com or 907-268-8412; Brennan Cain at firstname.lastname@example.org or 907-334-6971; Bruce Anders at email@example.com or 907-263-5503 and Walter Featherly at firstname.lastname@example.org or 907-263- 6395.
Alternative Dispute Resolution
The ADR section will meet on Thursday, April 12, 2012, at 12 noon at the Bar office.
CyberSymposium Followup. Professor Brian Jarrett of UAF’s Department of Justice will present a synopsis of the Inter-University Alternative Dispute Resolution Cyber-Symposium held in March. He will also give a brief presentation on his new project “Integral Mediation” – integrating mediation strategies. 1 General CLE Credit.
ADR books now available for self-checkout at the Bar office. View the list.
For more section information, please contact co-Chairs Glenn Cravez at email@example.com or 907-276-3370; and Linda O’Bannon at firstname.lastname@example.org or 907-243-5842.
The Appellate Law section’s next meeting will be on Thursday, May 17, 2012, at 12 noon at the Department of Law, 5th Floor Conference Room, 1031 W. 4th Avenue.
The section-sponsored CLE Masters in Appellate Advocacy will be held on Monday, June 25, 2012, at the Hotel Captain Cook from 11:15 a.m. to 4:30 p.m. Register Today!
For more section information, please contact co-Chairs Alex Bryner at Bryner@frozenlaw.com or 907-272-3538; Gregory Fisher at email@example.com or 907-257-5300; Lloyd Miller at firstname.lastname@example.org or 907-258-6377; and Beth Trimmer at email@example.com or 907-269-6075.
The Bankruptcy Law section will meet at 12 noon, Tuesday, April 24, 2012, in the U.S. Trustee’s Hearing Room in the Bankruptcy Court, 605 W. 4th Avenue.
Stern v. Marshall. Chair Gary Spraker of Christianson & Spraker, will present an overview ofthe U.S. Supreme Court's decision in Stern v. Marshall, 564 U.S. -, 131 S. Ct.2594 (2011), and the potential ramifications of the holding for future bankruptcy adversary cases.
Anyone with specific questions for Gary is urged to send to firstname.lastname@example.org. 1 General CLE Credit.
For more section information, please contact Chair Gary Spraker at email@example.com or 907-258-6016.
The Business Law section meets quarterly on the 3rd Tuesday of the month at 12 noon at the office of Lane Powell, 301 W. Northern Lights Blvd., Suite 301.
Please look for meeting information in future emails to section members or the Bar’s website calendar.
For more section information, please contact co-Chairs Matthew Block, firstname.lastname@example.org or 907-264-3309; and John Kauffman, email@example.com or 907-277-1900.
The Corporate Counsel Law section will meet on Wednesday, April 18, 2012, at 12 noon at Stoel Rives, 510 L Street, Suite 500.
Internal Investigations – WOOF!!!! As the “chief legal watchdog” for your organization, you are frequently called upon to look into complaints or concerns in the workplace and map out a strategy for dealing with them. The first question you face is who should handle the investigation? What standards should your investigation meet to optimally protect the organization? Danielle Ryman of Perkins Coie will lead our discussion on the factors that affect whether an internal or external investigation is warranted. Other topics we will cover are (1) the different considerations raised when complaints come directly from an employee re employment issues versus complaints from someone other than the allegedly affected individual; (2) considerations for whistleblower and compliance hotline complaints; (3) advantages/disadvantages of hiring a lawyer versus non-lawyer to conduct the investigation (attorney/client privilege, lawyer becomes potential witness, use in later litigation); and (4) recent AK Supreme court case law on good faith investigations and effect on employee legal action. 1 General CLE Credit. Pizza will be provided.
For more section information, please contact Chair Marcia Davis at firstname.lastname@example.org or 907-644-6316.
The Elder Law section will NOT meet in April.
Instead, plan to attend the Tuesday, April 24, 2012, section-sponsored CLE on Elder Law: Future and Ethics. The presenter is Professor Rebecca C. Morgan, the Boston Asset Management Chair in Elder Law and Director of the Center for Excellence in Elder Law at Stetson University College of Law. The CLE will be from 9 a.m. to 11:45 a.m., Sheraton Hotel, $49. There will be 2.5 credits, the ethics portion to still be determined. Please watch for emails for updated information on this program.
The next regularly scheduled meeting will be on Thursday, May 17, 2012, at 12 noon at the Bar office.
For more section information contact co-Chairs Ilona Bessenyey at email@example.com or 907-278-2000; and Una Gandbhir at firstname.lastname@example.org or 907-258-7333.
The Employment Law section will meet on Wednesday, April 4, 2012, at 12 noon at the Bar office.
Just Cause. “Just Cause” is the legal life blood of a unionized workplace. It is also often standard for discipline in regard to employment contracts and in employment arbitrations. In an “at will” environment, the tools of evaluating just cause can be helpful in avoiding and evaluating claims of discriminatory treatment, retaliation, and pretext. William Earnhart, Anchorage Municipal Attorney, will discuss the several accepted definitions of just cause and provide a framework for using these definitions to make factually and legally supportable decisions, evaluations, and arguments. He will also discuss how each definition may or may not be applicable to different workplaces and fact patterns. Here is Mr. Earnhart’s powerpoint presentation. Copies will be available at the meeting. 1 General CLE Credit.
Fairbanks Members: You can attend Employment Law meetings at Cook Schuhmann & Groseclose, Inc., 714 4th Avenue, Suite 200.
For more section information, please contact co-Chairs Gregory Fisher at email@example.com or 907-257-5335; and Danielle Ryman at firstname.lastname@example.org or 907-263-6927.
Environmental/Natural Resources Law
The Environmental Law section’s next regularly scheduled meeting will be on Wednesday, May 23, 2012, at 12 noon at the Bar office.
For more section information, please contact co-Chairs; Larry Hartig at email@example.com or 907-276-1592; Russ Winner firstname.lastname@example.org or 907-277-9522; and Tina Sellers at email@example.com or 907-222-7100.
Estate Planning & Probate Law
The Estate Planning/Probate Law section will meet on Tuesday, April 10, 2012, at 12 noon at the Bar office.
Special Needs Trusts. Anchorage attorneys Amrit Kaur Khalsa and Ernest Schlereth will be joined by Dirk Peterson, special needs trust officer with Wells Fargo Seattle as the presenters. 1 General CLE Credit.
For more section information, please contact co-Chairs Maribeth Conway at firstname.lastname@example.org or 907-278-5291; or Steve Greer at email@example.com or 907-561-5520; or Tonja Woelber at firstname.lastname@example.org or 907-272-0024.
The Family Law section will meet on Tuesday, April 3, 2012, at 12 noon at the Bar office.
SB 134 Child Support Orders - The section co-chairs will lead a discussion on SB 134 currently under consideration in the state senate's Judiciary Committee. This legislation, which would move all the court rules dealing with child support orders into the state's statute books, is a fairly major change. There is a possibility a senator or senator's staff may be available for comments or questions. Here is the link to the pdf for the bill. The Senate Judiciary Committee hearing is on Wednesday, April 4, 2012, at 1:30 p.m.1 General CLE Credit.
For more section information, contact co-Chairs Whitney Bostick at 907-929-0888 or email@example.com; Kara Nyquist at 907-301-8873 or firstname.lastname@example.org; and Alicia Porter at 907-569-0050 or email@example.com.
The Health Law section will meet on Thursday, April 5, 2012, at 12 noon at the Bar office.
US Supreme Court Health Care Oral Argument Analysis. Stacie Kraly, Statewide Section Chief, Attorney General’s Office, and Mark Regan, Disability Law Center, will discuss the US Supreme Court health care oral arguments of March 26-28, 2012.
1 General CLE Credit.
For more information, please contact co-Chairs Carolyn Heyman-Layne at firstname.lastname@example.org or 907-677-3600; and Barbara Nault at email@example.com or 907-276-1711.
The Immigration Law section’s next quarterly meeting with the DHS has tentatively been scheduled for Thursday, May 3, 2012. However, that is during the Bar’s annual convention and may be changed. The date will be confirmed in May’s Section News.
For more section information, please contact Chair Kathy Atkinson at firstname.lastname@example.org or 907-278-1057.
Intellectual Property Law
The Intellectual Property Law section meets quarterly. The next meeting will be on Tuesday, April 24, 2012 at 12 noon at Davis Wright Tremaine, 701 W. 8th Avenue, Suite 800 (Conoco Phillips building).
This meeting was canceled. The next meeting will be in July.
For more information, please contact co-Chairs Jon Dawson at email@example.com or 907-257-5300; and Elizabeth Hodes at firstname.lastname@example.org or 907-257-5337.
The International Law section will meet on Wednesday, April 11, 2012, at 12 noon at the Federal Public Defender office, 601 W. 5th Avenue, Suite 500. Members of the ADR, Business Law, Corporate Counsel Law and New Lawyers sections are invited.
Arab Spring and Cairo, Egypt. Gregg. B. Brelsford, principal advisor at Microsoft in Egypt will be the guest speaker. His area of work includes governance, anti-corruption, rule of law and intellectual property. Mr. Brelsford will be talking about Arab Spring and his work in Cairo. 1 General CLE Credit.
For more information, please contact co-Chairs Andy Haas at email@example.com or 907-235-1007; Nevhiz E. Calik Russell at firstname.lastname@example.org or 907-269-1994; and Julie Webb at email@example.com or 907-274-3937.
Law and Community Health Forum
The Law & Community Health Forum meets every other month. The next regularly scheduled meeting is Tuesday, May 8, 2012, at 12 noon at OPA, 900 W. 5th Avenue, 3rd Floor.
If you have section questions, please contact co-Chairs Liz Leduc at firstname.lastname@example.org or 907-283-3129; Mara Rabinowitz at email@example.com or 907-269-3514; and Colleen Ray at firstname.lastname@example.org or 907-264-0523.
The Municipal Law section’s next meeting will be on Wednesday, April 25, 2012, at 12 noon at the Bar office.
Redistricting Plan Litigation - Jill Dolan, Asst. Borough Attorney for the Fairbanks North Star Borough, and Joe Levesque of Walker and Levesque, LLC, will be the guest speakers. They have been involved in Alaska’s Redistricting litigation and will give a presentation on the 2011 case. 1 General CLE Credit.
If you have section questions, please contact co-Chairs John Hartle at email@example.com or 907-586-5340; Todd Sherwood at firstname.lastname@example.org or 907-343-4545; and Dennis Wheeler at email@example.com or 907-343-4545.
The New Lawyers section will next meet Monday, May 21, 2012, at 12 noon in the Bar office.
For more section information, please contact co-chairs Elizabeth Apostola at firstname.lastname@example.org or 907-274-5100; and Loren P. Hildebrandt at email@example.com or 907-276-5297.
Public Contracts Law
The Public Contracts Law section will not meet in April nor May (due to the annual convention). It will re-start in September.
For more section information, please contact Chair S. Lane Tucker at firstname.lastname@example.org or 907- 263-8402.
Real Estate Law
The Real Estate Law section meeting scheduled for Thursday, April 26, 2012, at 12 noon at the Bar office has been canceled. Instead, plan to attend the joint section meeting with Estate Planning/Probate Law on Tuesday, May 8 at the Bar office.
For more information, please contact Chair Joan Travostino at email@example.com or 907-276-1969.
Social Security Disability Advocacy
The Social Security Disability Advocacy section will meet on Monday, April 9, 2012, at 12 noon in the Bar office.
Social Security Disability Appeals and Overpayments. Attorney Vivian Munson will discuss overpayment issues. Co-chair Paul Eaglin will lead the discussion on the appeal of unfavorable decisions from the Anchorage Office of Disability Adjudications and Review to the Appeals Council and to federal court. Here are Mr. Eaglin's handouts. Note that these items and the below references refer to federal court appeals with the exception of the item "Sarah Bohr's List of Top Ten” for purposes of the topic Appeals Council appeals. 1 General CLE Credit.
- Hoa Hong Van v. Barnhart, Comm’r SSA, 483 F.3d 600 (9th Cir. 2007)
EAJA timeliness of filing
- Carbonell v. INS, 429 F.3d 894 2005 U.S. App. LEXIS 24842 (9th 2005)
EAJA “prevailing party” construed
- Mitchell v. Barnhart, 376 F.Supp.2d 916 (S.D. Iowa 2005)
- Forney v. Apfel, Comm’r SSA, 524 U.S. 266 (1998)
Appealing a favorable outcome
For more section information, please contact co-Chairs Paul Eaglin at firstname.lastname@example.org or 907-374-4744; and Paula Jacobson at email@example.com or 907- 727-0024.
The Tax Law section will meet on Wednesday, April 11, 2012, at 12 noon in Room 1270 the Atwood Building, 550 W. 7th Avenue.
IRS Lawsuits. The discussion will concern IRS lawsuits to collect an individual owner's taxes from a solely owned entity based on nominee grounds or fraudulent conveyance grounds, as well as other current collection topics including the Taxpayer Advocate.
.75 CLE Credit.
For more information, please contact co-Chairs Chuck Schuetze at firstname.lastname@example.org or 907-334-5600; and Christy Lee at email@example.com or 907-264-6660.
Torts/Personal Injury Law
The Torts/Personal Injury Law section will next meet on Tuesday, May 15, 2012, at 12 noon in the Bar office.
Plan to attend the section-sponsored CLE “Multi-Party Litigation” on Wednesday, April 18, 2012, 8:30 a.m. to 12:00 noon. Register Today!
For more information, contact Chair Rebecca Hozubin at firstname.lastname@example.org or 907-276-5297.
The Unbundled Law section meets three times a year for 1.5 hours (12 noon to 1:30 p.m.). As soon as dates are determined there will be a replay of the 2007 CLE “Unbundled Legal Services: Creating a Profit Center Using Limited Scope Representation in Your Civil Practice.” The entire program is worth CLE credits 2.75 General / 1.0 Ethics
For more information, please contact co-Chairs Katherine Alteneder at email@example.com or 907-854-2245; and Kara Nyquist at firstname.lastname@example.org or 907-301-8873.
Workers’ Comp Law
The Workers’ Comp Law section will meet on Friday, April 6, 2012, at 12 noon at the Bar office.
Director’s Update. Michael Monagle, Director of the Alaska Workers’ Compensation Division, will bring the section up to date on what is happening in Juneau regarding workers’ compensation, including new regulations and procedures. 0.5 General CLE Credit.
For more information, please contact Chair Joe Kalamarides at email@example.com or 907-276-2135.