BenchBar - Memphis Bar Association

Destin is calling.
BenchBar
& Boardroom
15.25 hours of CLE Credit | May 6-9, 2015 | Destin, Florida
© Can Stock Photo Inc. / tomwang
Join the Memphis Bar Association
May 6-9, 2015 for the Bench Bar
& Boardroom Conference at Tops’l Beach
& Racquet Resort in Destin, Florida.
TOPS’L is a tranquil beach and racquet resort just east of Destin in the Florida panhandle. Situated on 52 private acres, this full-service resort is bordered by the beautiful beaches of the Gulf
of Mexico and a nature preserve. The tennis center, which houses the conference meeting space,
has certified professional tennis instructors and program, an exercise facility, a racquetball court, an
indoor-outdoor pool, and a sauna with massage therapy. TOPS’L offers casual dining at the Blue Dunes Grille &Tiki Bar located next to the tennis center
and poolside at the Tides. In addition, the Ocean Club, located at the entrance to TOPS’L, offers fine
dining. Conference attendees will receive a 30% discount on the total tab for dinner Wednesday,
May 6 and 20% off the total tab (including drinks) on Friday and Saturday nights, May 8 and 9. Bring
your Bench Bar name badge to get the discount.
Additionally, there are a number of restaurants located at the Village of Baytowne Wharf and
Grand Boulevard, a short distance away. Shopping is also available there as well as at the Silver
Sands Factory Stores, the nation’s largest designer outlet shopping center.
The dress code for the conference is casual, even for the social events. You may want to bring
your laptop as the materials will be online; be sure to bring your power cord.
An 8-9 hour drive from Memphis, Tops’l is also near Northwest Florida Regional (VPS), Pensacola (PNS) and Panama City Beach (ECP) airports. How to Register for the Conference
step 1
Make your room reservation
Make your reservation at TOPS’L by calling the 24-hour reservation
department at 1.800.380.4808; the group code is X8009. A 15% deposit of the rent will be required
at the time of booking with the remaining balance due four days prior to check in. Check-in time is
after 4:00 p.m.; checkout time is 10:00 a.m.
TOPS’l has condominium units that include a fully-stocked kitchen and a private bathroom for
each bedroom. There are several buildings and options available. Please see the last page of this
booklet for a map of the property and accommodation details.
Step 2
complete a registration form
You can register online at www.memphisbar.org or complete
the form in this booklet.
thanks to our wonderful partners:
I PSCO
Insurance Planning & Service Company, Inc.
Conference Schedule | 15.25 CLE Credit Hours
Wed.May 6
3.5
CLE hours
12:30 pm | Registration Opens
1:30-2:45 pm | Concurrent Sessions
Trial by Text, Incrimination by Instagram, Caught on Craigslist—
The Changing Face of the Sexual Harassment Case
Speakers: Angie Davis, Baker Donelson Bearman Caldwell & Berkowitz, and
Billy Ryan, Donati Law Firm
Have the post Burlington Industries v. Ellerth anti-harassment policies and complaint
procedures really worked? What does work to protect the employee and the employer? We will
explore legal and practical issues that arise in sex harassment cases in the age of social media. What should plaintiffs and defendants be seeking in discovery? What is appropriate remedial
action? What are best practices for plaintiff and defense in the sex harassment case involving high
level executive or the mentally or drug/ alcohol impaired sexual harasser?
Domestic Violence from A to Z
Panelists: Caren Nichol, Evans Petree, PC; ; Jennifer Nichols, District Attorney
General’s Office; Shayla Purifoy, Memphis Area Legal Services
Domestic violence is a pervasive problem in Memphis and affects the practices of many
lawyers. How is domestic violence used as a tool in divorce proceedings? Who has jurisdiction
when a party in a divorce is accused of domestic violence – civil or criminal court? Can domestic
violence cases ever be mediated? An experienced panel of speakers will discuss these and other
questions.
3:00-4:15 pm | Plenary Session
The Kroger “Flash Mob”: Solutions to Youth Delinquency & Crime
Panelists: The Hon. A C Wharton, Mayor, City of Memphis; Judge Dan H. Michael,
Juvenile Court; Valerie Speakman, General Counsel, Shelby County Schools
The Memphis community was horrified by the video of a “flash mob” at the Poplar Plaza
Kroger last fall. What causes young people to get involved in such activity? What can be done
to prevent future occurrences? Panelists will discuss the causes of youth delinquency and crime
and outline prevention strategies.
4:30-5:30 pm | Concurrent Sessions
Practice in General Sessions Court
Speakers: Judge Phyllis Gardner, General Sessions Civil Court;JudgeGerald Skahan and Judge
Ron Lucchesi, General Sessions Criminal Court
Are you new to General Sessions Court, either Civil or Criminal? Need a refresher? Then
come to this session where General Sessions practice and procedure will be explained!
This concurrent session is continued on the next page.
Wed.May 6
3.5
CLE hours
Discount dining at the Ocean Club
The Ocean Club restaurant located at the entrance of
Tops’l is offering conference attendees a 30% discount on the
total tab for dinner Wednesday evening—simply bring your
Bench Bar name badge to receive the discount. The Ocean
Club is also providing conference attendees a 20% discount on
the total tab (including drinks!) on Friday and Saturday night; again, bring your Bench Bar name
badge to get the discount. Reservations are recommended. Our thanks to The Ocean Club for being a sponsor of the 2015 Bench Bar & Boardroom
Conference. Visit theoceanclubdestin.com.
4:30-5:30 pm | Concurrent Sessions
continued from previous page
Billing Do’s and Don’ts
Speaker: Sally Field, Attorney Protective Thanks to IPSCO for securing Sally’s appearance!
Sally is an attorney and insurance executive with an extensive background in lawyers professional liability. She is currently leading the start- up of Attorney Protective, a Berkshire Hathaway
program providing professional liability insurance to law firms. Prior to starting Attorney Protective, Sally was the President of the Professional Liability Division of the Great American Insurance
Group. Sally earned her Juris Doctor from the University of Houston where she was a member of
The Houston Law Review.
6:30 pm | Welcome Reception – Poolside by the Tides
Sponsored by the University of Memphis Cecil C. Humphreys School of Law
& the Law School Alumni Association
Join your colleagues for a cocktail and hors d’oeuvres, then head to the Ocean Club on the
Tops’l property for dinner!
thurs.May 7 4.75
CLE hours
8:00 am | Continental Breakfast
8:30-9:30 am | Concurrent Sessions:
Understanding the Difference Between Civil v. Criminal Contempt
Speaker: Ron Krelstein, Esq.
This session is designed for family law practitioners and others who don’t understand the
difference between the two types of contempt.
Health Law Update
Speaker: Monica Wharton, Senior Vice President & Chief Legal Officer, Regional One Health
Do’s and Don’ts of Appellate practice
Speaker:JudgeBrandonGipson and Judge W. Neal McBrayer,CourtofAppeals
9:45-10:45 am | Concurrent Sessions:
Wait…Can I Do That? Ethical Situations for Practicing Lawyers
Speakers: Adam Johnson and Valerie Smith, NahonSaharovich& Trotz
Using a variety of scenarios, the speakers will ask what a lawyer can, and cannot do,
in certain situations.
Differentiating the New Workers Compensation System from the Old, for Dummies
Speaker: Sean Antone Hunt, The Hunt Law Firm
In July 2014, the state replaced our old workers compensation system and completely
overhauled and revamped the system and some of the laws. Differentiating between the two
systems can be difficult and have prompted many practitioners to leave the ‘profession. This
course will provide you with a brief and quick overview of the new changes and highlight the
important differences between the systems and the new laws. After this course, the practitioner
should be able to tell the difference between the two systems and the new and old law regarding
compensation and injuries.
Bankruptcy Law for the Non-Bankruptcy Practitioner
Speakers: Jeb Bailey, Butler Snow
11:00-12:30 pm | Plenary Session
Navigating the Minefields of Social Media in Court
Speakers: Jennifer Hagerman, Burch Porter & Johnson; Judge Chris Craft, Criminal Court;
Chief Magistrate Judge Diane Vescovo, U. S. District Court
This seminar will address the rapidly expanding uses (and abuses) of social media in civil and
criminal cases, including issues such as discovery of social media evidence;
utilizing social media to research parties, witnesses and jurors; authentication of social media
evidence during trial; and proper (and improper) use of social media by judges. The panel will
also discuss how practitioners and their clients can avoid potential problems in litigation arising
out of social media use. 2:30 pm | Beach Volleyball Tournament
Have fun in the sun as teams compete for the coveted first-place trophies!
thurs.May 7 4.75
CLE hours
6:00-7:15 pm | YLD Sunset CLE
“How to Survive and Thrive in a Family Full of lawyers”
Speakers:EugeneGaerig,Esq.;MaryGaerig;EstelleGaerigWinsett,ButlerSnow;GigiGaerig
McGown,InternationalPaper;BryonWinsett,ShelbyCountyDistrictAttorneyGeneral’s
Office
Enjoy free beer & wine at the Tikki Hut next to the conference center and listen to how a
family full of lawyers has managed to navigate the pitfalls of practicing law.
fri.May 8
3.5
CLE hours
8:00 am | Continental Breakfast
8:30-10:00 am | Just Mercy: A Story of
Justice and Redemption
Speaker: Bryan Stevenson, founder & Executive
Director, Equal Justice Initiative, Montgomery, AL
Unfairness in the justice system—false convictions overturned due to DNA testing, erroneous eyewitness testimony,
systemic bias against the poor and minorities—seems to be
everywhere in the news. Bryan Stevenson is a widely acclaimed
public interest lawyer who has dedicated his career to helping
the poor, the incarcerated and the condemned. His recent
book, Just Mercy: A Story of Justice and Redemption, personalizes the story of the fight against injustice by one lawyer. The
© photo by Robert Fouts
book is a New York Times Bestseller and was named by Time
Magazine as one of the 10 best books of nonfiction for 2014. The book will be available for prepurchase by conference attendees.
Under Bryan’s leadership, the Equal Justice Initiative (EJI) has won major legal challenges
eliminating excessive and unfair sentencing, exonerating innocent death row prisoners, confronting abuse of the incarcerated and the mentally ill and aiding children prosecuted as adults. He has
successfully argued several cases in the United States Supreme Court and recently won an historic
ruling in the U.S. Supreme Court banning mandatory life-without-parole sentences for all children
17 or younger as unconstitutional. EJI has also initiated major new anti-poverty and anti-discrimination efforts challenging the legacy of racial inequality in America.
Bryan’s work fighting poverty and challenging racial discrimination in the criminal justice
system has won him numerous awards including the ABA Wisdom Award for Public Service, the
MacArthur Foundation Fellowship Award Prize, the Olaf Palme International Prize, the ACLU
National Medal Of Liberty, the National Public Interest Lawyer of the Year Award, the Gruber
Prize for International Justice and the Ford Foundation Visionaries Award. He is a graduate of the
Harvard Law School and the Harvard School of Government and has been awarded 16 honorary
doctorate degrees. He is also a Professor of Law at the New York University School of Law.
fri.May 8
3.5
CLE hours
10:15-11:15 am | Concurrent Sessions
Juvenile Justice in the U.S.
Speaker: Bryan Stevenson, Professor of Law, NYU School of Law
Legal & Ethical Update for Mediators
Speaker: Stephen Shields, Jackson Shields Yeiser& Holt
This session will cover legal and ethical dilemmas faced by mediators both prior to and during a mediation such as disclosure of relationships, confidentiality/breaches of confidentiality, and
culture and the ethical mediator.
The Future of Insurance Defense: Navigating the Waters of Staff Counsel
Speaker: Nicole Grida, Law Offices of Lauren L. Holloway (Zurich Insurance Group)
11:30-12:30 pm | The Tennessee Supreme
Court: Lifting the Mystique
Speakers: Justice Holly Kirby and Justice Jeff Bivins, Tennessee
Supreme Court
Interesting tidbits and an insider’s perspective from the
Court’s newest members.
3:30 pm | Beach Carnival & Fun Run/Walk
Children will enjoy face painting and games on the beach, while adults can participate in the
one-mile run/walk and get a medal!
6:30 pm | Party by the Pool at the Tides
Stop by and have a cocktail and hors d’oeuvres before going out to dinner…or stay and eat
dinner by the pool.
sat.May 9
3.5
CLE hours
8:00 am | Continental Breakfast
8:30-9:45 am | Concurrent Sessions
Medical Malpractice Update: Aren’t We Supposed to Call it Healthcare
Liability Nowadays?
Speakers: Julia Kavanagh & Mary Wu, Baker DonelsonBearman Caldwell & Berkowitz; Les Jones
and David Goodman, Burch Porter & Johnson
Les Jones and David Goodman from the Plaintiff’s bar and Julia Kavanagh and Mary Wu from
the defense bar will discuss and debate the hottest topics in the area of healthcare liability lawsuits. The panel discussion will cover recent developments in such topics as qualified protective orders on
ex parte conversations with treating physicians, the ever changing appellate court interpretations
of the pre-suit notice provisions of the Healthcare Liability Act, and the current state of the peer
review/quality improvement privilege. There will also be a discussion regarding the reaction of the
plaintiff’s bar to the changes in the traditional medical malpractice climate brought by tort reform
and legislative action and the defense bar’s responses to these new tactics. Keeping up with the Law on Spousal Support in Tennessee and Trends Across
the Country
Panelists: Amy Amundsen, Rice Amundsen & Caperton, and Judge Robert Weiss, Shelby County
Circuit Court
10:00--11:15 am | Concurrent Sessions
How to Depose & Cross Examine an Economist
Speaker: Eugene Gaerig, Esq.
Using an actual deposition, this session will illustrate how to cross-examine an economist. Topics include motion in limine, marrying the record, dealing with summaries, Rule 1006 and the
Federal Rule of Evidence.
Wills & Trust Update: New Trusts in Tennessee
Speaker: Mike Adams, Wyatt Tarrant & Combs
Learn about recent changes in Tennessee trust law and how to avoid malpractice in
preparing trusts.
11:30 am-12:30 pm | Plenary Session
Thriving in our profession: mastering Resilience
Speaker:Linda Warren Seely, Esq.
Resilience is the capacity to bounce back from adversity. Rather than a fixed trait, resilience
can be fostered and improved. Combining research from neuroscience, positive psychology, sports
psychology, and leadership studies, this interactive workshop guides participants through specific
strategies and techniques proven to increase resilience, enhance performance, and promote professional satisfaction.
12:30 pm | Adjournment
registration
Name_____________________________________________BPR#______________
Address_____________________________________________________________
Firm________________________________________________________________
Phone________________________________
Please provide an email address as the seminar materials will be emailed to you
prior to the conference. Handouts will NOT be available at the conference.
Email Address _________________________________________________________
Registration Fee
Those registering & paying by April 30 will be entered in a drawing to receive two
free nights at any Wyndham Resort property along the Gulf Coast, courtesy of Tops’l!
(Cannot be used in conjunction with the Bench Bar Conference.)
The registration fees below include all CLE seminars, continental breakfast on Thursday, Friday and Saturday mornings; the Welcome Reception on Wednesday evening;
the YLD Sunset CLE on Thursday evening; and the Friday night party.
Early registration ends April 30th!
Early
Late
MBA member practicing 2 years or less
 $225
 $275
MBA member practicing 3-10 years
 $275
 $325
MBA member practicing more than 10 years
 $325
 $375
MBA member who does not need CLE credit
 $150
 $200
Non-MBA member
 $500
 $550
Judge
 $100
 $150
Day Rate
The day rate only ncludes the CLE seminars on that particular day. If you want to
attend the Wednesday night welcome reception, or the Friday night party, you will
need to pay an additional amount as follows:
 $125/day
 Wed. night welcome reception, $35
 Fri. night party, $40
 If you would like to purchase a copy of Bryan Stevenson’s book, Just Mercy: A
Story of Justice and Redemption, check here and add $20 to the registration fee.
Register Online at
www.memphisbar.org
registration
Are you a first-time Conference attendee?Yes
No
Bench bar 2015 T-Shirts
Each registrant will receive a Bench Bar t-shirt. Please indicate the size shirt you
would like: S M L XL XXL
Additional shirts may be available for purchase during the conference.
Guest Registration
A guest is someone who comes with a paid attendee, but only attends social or
sports activities. Children under 10 are free.
 $75; Guest fee on or before 04/30
 $100; Guest fee after 04/30
Guest Name________________________________________________________
Method of Payment
 Check (payable to the MBA)
 Credit Card (Visa or MasterCard only)
 MBA CLE Passport
Card # __________________________________________________________
Name on Card: ___________________________________________________
Exp. Date:________________________ 3 digit security code: ______________
Billing address: ___________________________________________________
Signature: _______________________________________________________
Mail form and payment to:
Memphis Bar Association – Bench Bar
145 Court Ave., #301
Memphis, TN 38103
Fax Form to: 901.527.3582
Questions? Call 901.527.3573.
ACCOMmODATION OPTIONS
The Tides is located directly on the gulf. A 2-bedroom unit with a gulf view is $186/night; a
2-bedroom unit on the gulf front is $261/night. The Beach Manor is also located directly on the gulf. A 2-bedroom with a coastline view is
$189/night.
The Summit is located a short walk from the beach. A studio ranges from $85 to $101/night; a
2-bedroom unit from $142 to $171/night; and a 3-bedroom from $210 to $240/night.
The Tennis Villas are located next to the tennis courts/conference center. A 2-bedroom unit is
$139/night.
The above nightly rates are subject to up to a 11.5% tax, up to a 6% reservation fee for a flat fee of $20
whichever is greater, and a one-time clean fee based on unit type and length of stay.
145 COURT AVENUE, #301
MEMPHIS, TN 38103
REGISTER BY APRIL 30th
& you could win
2 FREE NIGHTS
at a Wyndham Resort!