11:00 a.m. - 12:00 p.m. (MT)
**Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the scope of the duty of confidentiality, distinguish between the duty of confidentiality and the attorney-client privilege, circumstances when breaches of confidentiality are permitted or required, inadvertent disclosures, and joint representations.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Duty to investigate client facts before filing a claim v. duty to investigate the law
• Conflicting approaches of ethics rules and the courts to sanctioning ghostwriting in litigation
• Understanding when you are required to be candid and when you are allowed to be silent, or engage in “puffery”
• Ethics tension between duty of loyalty to client and duties as officer of the court
• Ethics of serving unenforceable subpoenas in the hope of obtaining witness cooperation
• Ethics in settlements – silence about facts, the law, mistakes in settlement documents, and the death of witnesses
• Enforceability of settlement agreements and ethics challenges

Friday, April 12, 2019

Hilton Garden Inn Boise Downtown 348 S. 13th Street - Boise, ID

9:00 a.m. - 4:00 p.m. (MT)

Sponsored by the Idaho State Bar Business and Corporate Law Section

**Live webcast available

6.5 CLE credits of which 1.0 is Ethics
Registration begins at 8:30 a.m.

Program Agenda
8:30 a.m. Registration & Welcome
9:00 a.m. Negotiating Your Business Divorce Before You Get Married - Lauren A. Prew & Grace Witsil - Holland & Hart LLP
9:45 a.m. Recognizing Signs/Duties of Distressed Companies - J. Justin May and Chad R. Moody - Angstman Johnso
10:45 a.m. Morning Break
11:00 a.m. Restructuring Alternatives - Matt McKinlay - Advanced CFO
12:00 p.m. Hosted Lunch / Presentation
12:45 p.m. Top 10 Business Law Cases (presented during lunch) - Wendy Gerwick Couture - University of Idaho College of Law
1:30 p.m. Common Issues in Representing Distressed Companies Gary Kennedy - Former General Counsel, American Airlines
3:15 p.m. Afternoon Break
3:30 p.m. Ethics of Representing Distressed Companies - Brian T. Hansen - Clenera, LLC; Gary Kennedy and Christine M. Salmi - Perkins Coie, LLP
4:30 p.m. Program Concludes

Wednesday, April 17, 2019

The Grove Hotel, 245 S. Capitol Blvd. - Boise, ID

10:00 a.m. - 4:15 p.m. (MT)

Sponsored by the Idaho Law Foundation and the Idaho State Bar Employment and Labor Law Section

**Live webcast available

5.25 CLE credits
Registration begins at 9:30 a.m.

Program Agenda

9:30 a.m. Registration & Coffee Bar

10:00 a.m. Handling Your First or Next
Employment Law Case - Matthew Gunn, Rossman Law Group, PLLC and Jennifer S. Dempsey, Andersen Schwartzman Woodard Dempsey, PLLC

12:00 p.m. Break

12:15 p.m. Hosted Lunch

12:30 p.m. A View from the Bench on Employment
Law Issues (presented during lunch) - Hon. Candy W. Dale, U.S. Courts, District of Idaho

1:00 p.m. Break

1:15 p.m. #MeToo: How Has this Social Media Movement Impacted Harassment Claims and Litigation - April M. Linscott, Owens, McCrea & Linscott, PLLC

2:00 p.m. Title IX Investigations and Credibility Assessments in Harassment Investigations - Melissa Luna, Landeck Forseth Luna

3:00 p.m. Break

3:15 p.m. Investigative Reports, Discovery of Investigative Material and Testimony at Trial About Investigations - Bobbi K. Dominick, Gjording Fouser, PLLC

3:45 p.m. Specific Employment Law Issues Relating to Public Employees - Douglas A. Werth, Office of the Attorney General

4:15 p.m. End of Program

8:00 a.m. - 12:30 p.m. (MT)
Boise Centre
850 W. Front Street - Boise, ID
4.0 CLE credits of which 1.0 is Ethics - NAC Approved
Registration begins at 7:30 a.m.
Sponsored by the Idaho Law Foundation, Inc.

**In person attendance only

The New Attorney Program consists of an introduction on Idaho practice, procedure and ethics. This course meets the CLE requirements of Idaho State Bar Commission Rule 402(f )(3). The course schedule will be made available thirty (30) days prior to the program.

12:00 - 1:00 p.m. (MT)
Ada County Courthouse
BOCC Hearing Room, 1st Floor
200 W. Front Street - Boise, ID
1.0 CLE credit - NAC Approved
Registration / Hosted Lunch begins at 11:45 a.m.
Sponsored by the Idaho Law Foundation, Inc.

**In person attendance only

Join Fourth Judicial District Administrative Judge Melissa N. Moody, Fourth Judicial District Judge Peter G. Barton and Ada County Magistrate Judge Diane M. Walker as they provide a judicial perspective on local court rules, share insight on new statewide rules and initiatives, and discuss other matters of interest to local practitioners.

12:00 - 1:00 p.m. (MT)
Bonneville County Courthouse
Centennial Room
650 N. Capital Avenue - Idaho Falls, ID
1.0 CLE credit - NAC Approved
Registration / Hosted Lunch begins at 11:45 a.m.
Sponsored by the Idaho Law Foundation, Inc.

**In person attendance only

Join Seventh Judicial District Administrative Judge Joel E. Tingey, Seventh Judicial District Judge Bruce L. Picket and Jefferson County Magistrate Judge Robert L. Crowley as they provide a judicial perspective on local court rules, share insights on new statewide rules and initiatives, and discuss other matters of interest to local practitioners.

12:00 - 1:00 p.m. (MT)
Twin Falls County West
630 Addison Avenue West - Twin Falls, ID
1.0 CLE credit - NAC Approved
Registration / Hosted Lunch begins at 11:45 a.m.
Sponsored by the Idaho Law Foundation, Inc.

**In person attendance only

Join Fifth Judicial District Administrative Judge Eric J. Wildman, Fifth Judicial District Judge Benjamin J. Cluff and Minidoka County Magistrate Judge Rick L. Bollar as they provide a judicial perspective on local court rules, share insight on new statewide rules and initiatives, and discuss other matters of interest to local practitioners.

12:00 - 1:00 p.m. (MT)
Bannock County Courthouse
624 E. Center Street - Pocatello, ID
1.0 CLE credit - NAC Approved
Registration / Hosted Lunch begins at 11:45 a.m.
Sponsored by the Idaho Law Foundation, Inc.

**In person attendance only

Join Sixth Judicial District Administrative Judge Mitchell W. Brown, Sixth Judicial District Judge Rick E. Carnaroli and Bannock County Magistrate Judge Aaron N. Thompson as they provide a judicial perspective on local court rules, share insight on new statewide rules and initiatives, and discuss other matters of interest to local practitioners.

9:00 - 11:00 a.m. (MT)
The Law Center
525 W. Jefferson Street - Boise, ID / Live Webcast
2.0 CLE credits - NAC Approved
Registration begins at 8:30 a.m.
Sponsored by the Idaho Law Foundation, Inc.

The Idaho Law Foundation, Inc. proudly presents a review of the 2019 Idaho Legislative Session with Idaho State Senate Majority Caucus Chair Kelly A. Anthon (District 27), Idaho State Senator Grant T. Burgoyne (District 16), Idaho State House Assistant Minority Leader Ilana S. Rubel (District 18) and Idaho State Representative Gregory D. Chaney (District 10). The four lawyer-legislators will discuss hot topics from this year’s session with particular emphasis placed on legislation concerning Idaho’s legal community.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics and technology in law practice review
• Ethics and working with experts and non-expert witnesses
• Recent developments in conflicts of interest part 1

This program is the first in a two-part series. While both programs are not required, it is recommended that you attend both.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics and e-discovery developments
• Confidentiality and preserving the attorney-client privilege and work product protections
• Recent developments in conflicts of interest part 2

This program is the second in a two-part series. While both programs are not required, it is recommended that you attend both.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics and ethical drawing lines – what’s an acceptable level of deception in negotiations?
• Affirmative statements of fact, value or intent in settlements
• Silence about adverse law in negotiations
• Silence about facts unknown to an opponent or counter-party
• Silence about errors in settlement agreements or transactional documents
• Non-litigation work in another state – “temporary” practice

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Duty to supervise counsel to whom you have referred work
• Ethical issues in fee splitting in co-counsel or referral relationships
• Ethical issues of associating with other lawyers or firms to gain competence in specific areas
• Liability to co-counsel for breaches of fiduciary duty or malpractice
• Liability for errors of co-counsel
• Duty to inform of malpractice by co-counsel

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethical issues when clients use credit cards to pay attorneys’ fees, costs, and retainers
• Passing on credit card processing fees to clients – and related Truth-in-Lending issues and tax penalties
• Ethical issues when credit card companies chargeback funds paid to a lawyer or from a trust account
• Confidentiality when a client has a dispute with his credit card company
• Use of credit cards to fund a retainer and related trust fund accounting issues
• Creditor claims against trust fund accounts
• Leftover client funds and proper trust fund accounting

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Understanding information flows and potential conflicts of interest
• Counseling clients about sharing of confidential information – and its implications
• Negotiation ethics when representing multiple clients
• Drafting conflict of interest waivers
• Attorney-client privilege issues involved in joint representations
• What to do when jointly represented clients disagree

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Confidentiality surround highly sensitive personnel issues
• Issues involving pre-trial investigations, including social media and texting
• Contact with represented/unpresented parties
• Ex parte communications – current v. former employees
• Conflicts of interest and waivers in employment litigation
• Ethical issues arising in discovery practice
• In-house counsel legal advice v. business function

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Attorney ethics, conflicts of interest, and disqualification standards
• How ethics rules and disqualification standards overlap and vary from each other
• Ethics standards and tests for obtaining – or defending against disqualification
• Joint representations and disqualification – if co-counsel is disqualified, are you?
• Screening for conflicts of interest and the risk of imputation of conflicts/disqualification to other attorneys
• Ethical sanctions and their relationship to disqualification

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Forms of joint representations – separate representation on same matter v. joint representation on same matter
• Information flows under “keep secrets” and “no secrets” agreements
• Information flows in the absence of any agreement – what happens when there are no guardrails?
• Loyalty issues – managing inherent conflicts of interest and the use of advance waivers
• Voluntary and inadvertent creation of joint representations
• Attorney-client privilege ramifications in a later arising  dispute among jointly represented clients

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Ethics of co-counsel relationships: Are you your brother’s keeper?
• Ethics and client misconduct: What to do?
• Developments in conflicts of interest part 1

This is the first in a two-part series. While both programs are not required, it is recommended that you attend both.

11:00 a.m. - 12:00 p.m. (MT)
**Live Audio Stream Only
1.0 Ethics credit
Sponsored by the Idaho Law Foundation, Inc. in partnership with Abila and WebCredenza, Inc.

This program will cover the following topics:

• Technology and law practice: annual potpourri update
• Developments in confidentiality and the attorney-client privilege
• Developments in conflicts of interest part 2

This is the first in a two-part series. While both programs are not required, it is recommended that you attend both.