MSBA Legal Summit 2022 Brochure

RETHINK. REIMAGINE. REVOLUTIONIZE.

Brandon Etheridge

Dan Abrams

Ari Melber

May 31 - June 3, 2022

ROLAND E. POWELL CONVENTION CENTER OCEAN CITY, MARYLAND

100 10+

RELEVANT PROGRAMS

INSIGHT, EXPERTISE & NETWORKING

NETWORKING EVENTS

R E G I S T E R T O D AY FOR ONLY

$399

50+ 1

ACCREDITED CLE

UNIQUE EXPERIENCE

Reserve your spot now at

msba.org/legalsummit

MSBA OFFICERS M. Natalie McSherry President David P. Shapiro President-Elect Jason DeLoach Treasurer Victor L. Velazquez Executive Director

2022 LEGAL SUMMIT The MSBA Legal Summit brings together attorneys from every segment of the legal profession for multiple days of learning and networking. It features unique instruction and thought leadership from nationally recognized speakers and leaders in the profession. With over 100 substantive sessions across eight learning tracks, unique networking opportunities, and multiple ways to participate, there’s something for everyone.

The 2022 Legal Summit is the first to be held in-person since the beginning of the pandemic. Safety is a top priority starting with the introduction of our new venue - the Roland E. Powell Convention Center in Ocean City, Maryland. This expansive venue provides a 1,200-seat theater for a true thought leadership experience, larger classrooms for increased capacity and comfort, a full trade-show style exhibitor hall, quick access to the outdoors, ample parking, and magnificent waterfront views.

This year’s event will also be our first paperless event! Find everything you need on the conference app, including the digital brochure, agenda, and course materials. Plus, you can connect with other attendees, post about your experience, and compete in the event game!

We look forward to seeing you at the 2022 Legal Summit!

Not ready for in-person events, or prefer to attend from anywhere?

Check out our Digital Legal Summit! This virtual attendance option brings you the best of the in-person event with the convenience of attending from anywhere and on your schedule.

The Legal Summit programs are categorized by Learning Tracks to help you customize your learning by area of practice or interest. Use the key below to easily identify courses that might be best suited for you:

TRACK KEY Alternative Dispute Resolution/Mediation

Leadership and Practice Management

Corporate/ Transactional Law

Litigation and Trial Skills

Cybersecurity and Technology

Justice Practice Updates

Wellness

2

High-Profile Speakers Dan Abrams

Chief Legal Affairs Correspondent, ABC News

Brandon Etheridge General Counsel, Baltimore Ravens

Ari Melber

Anchor, The Beat with Ari Melber

...and more!

3

WITNESS HISTORY

MARYLAND GOVERNOR C A N D I DAT E F O R U M S H O S T E D BY T H E M A RY L A N D S TAT E B A R A S S O C I AT I O N

M AY 3 1 * & J U N E 1 Roland E. Powell Convention Center, Ocean City, MD

Tuesday, May 31* 7 : 0 0 - 8 :30 PM

Primary Governor Forum (Republican) Digital Experience

TRACK KEY Alternative Dispute Resolution/Mediation

Cybersecurity and Technology

Corporate/ Transactional Law

Wellness Leadership and Practice Management

Litigation and Trial Skills Justice Practice Updates

Wednesday, June 1 Program descriptions are listed alphabetically beginning on page 18.

REGISTRATION IS OPEN FROM 9AM TO 4PM 9 :0 0 - 10:30 AM

MSBA BOARD OF GOVERNORS MEETING 1 0 :30 - 11:30 AM Changing the Leadership Paradigm to Attract, Retain, Motivate, Inspire Your Employees to Peak Performance David Suson ROOM 209 *May 31 will be a digital experience only.

Humanizing Ethics: Motivating Compliance Through Creative Outreach Alice Bartek-Santiago ROOM 207 / 208

Navigating the Employment Law Jungle Gym of Hybrid Work Lesley Marlin, Esq. ROOM 215

4

Wednesday 1 1:4 5 AM - 1 2 :45 PM ADR in the Maryland Judiciary: Where We Are and Where We’re Headed Shannon M. Baker, J.D. Heather Croft, Esq. Cynthia Jurrius, Esq. Annamaria Walsh, Esq.

On the Legal Crossroads: The intersection between Transactional and Litigation Practice Eddie Harrell, Esq. Shaunte Preer, Esq.

The Importance of Storytelling Steven B. Vinick, Esq. Jamie Alvarado-Taylor, Esq. ROOM 215

ROOM 209

ROOM 207 / 208

1 :0 0 - 4 :00 PM

KEYNOTE PRESENTATIONS Hear from Dan Abrams, Brandon Etheridge and Ari Melber OCMD Convention Center Theater 4:0 0 - 5:00 PM

YOUNG LAWYERS SECTION HAPPY HOUR Dune Manor Hotel

5 :0 0 - 7:00 PM

HAPPY HOUR & WELCOME RECEPTION Featuring The Wafflers & sponsored by Elinn & Tucker OCMD Convention Center Ballroom

6 :0 0 - 7:30 PM

L EADERSHIP ACADEMY GRADUATION/DINNER Invitation Only ROOM 217

7 : 0 0 - 9: 0 0 PM

Primary Governor Forum (Democratic) OCMD Convention Center Theater 9 : 0 0 - 11:00 PM

L ATE NIGHT WITH LOCAL BARS Double Tree Penthouse, 5th Floor From Cabanas to the Penthouse, a new twist on the classic hospitality suites.

5

Thursday, June 2 Program descriptions are listed alphabetically beginning on page 18.

8:00 AM - 1:00 PM EXHIBITOR HALL: DOCKSIDE ROOM, 1ST FLOOR Visit our many exhibitors to learn how they can help you and your practice.

Exhibitor Hall will also host Industry Solution Session (check app for details).

Coffee & Snacks will be available in the Exhibitor Hall as well.

6 :30 AM

RISE & SHINE Join MSBA Member, Singleton Matthews, for a Bootcamp on the Beach.

All fitness levels welcome. Please bring water and a hand towel.

32nd & 33rd Street on the Beach 7 :30 AM - 4:00PM Registration Open from 7:30am - 4:00pm 8 :0 0 - 9:00 A M Preparing your client for an effective mediation in person or remotely using Zoom Campbell Killefer, Esq. meaningfulmediation.com ROOM 201

5 Cyber Security Best Practices Your Firm Should Have Implemented Yesterday Bill Walter MCSE, PMP ROOM 204

Understanding the Commission on Judicial Disabilities Hon. Michael Reed Tanya Bernstein, Esq. Kendra Jolivet, Esq.

ABCs of Advising Clients about ESG Nancy Hudes, Esq. Stuart Kaplow, Esq. ROOM 203

ROOM 202

The Rise of Animal Law: Tame to Wild Animal Law Section Kimberly Fullerton, Esq. ROOM 205

Brand Protection: Safeguarding Your Investment Andrew Kopsidas, Esq. Christina Mitropoulos John Carriero Adrian Punderson ROOM 207 / 208

Trade Secrets: What’s Fair Game in the Employment Relationship?

Labor & Employment Section Joyce Smithey, Esq., Garrett Wozniak, Esq., and Steven Brown, Esq. - Moderator ROOM 206

9 :10 - 10 :10 A M

TAKEAWAYS FROM THE 2022 GENERAL ASSEMBLY SESSION Featuring a panel of Legislators from the Maryland General Assembly OCMD Convention Center Theater

6

Thursday 1 0 :15 - 11:1 5 A M Caring for Our Colleagues Hon. Lynne Battaglia Hon. Dolores Dorsainvil Kim Johnson, Esq. Irwin Kramer, Esq.

Maryland Public Information Act: Utilizing the MPIA Prior to Litigation

ROOM 202

Increase your firm’s profitability by maximizing the potential of your support staff

Maximizing Your Greatest Resource: Your Client

ROOM 204

ROOM 203

Samantha Dos Santos, Esq.

ROOM 201

Donna S. Mandl, Esq. Shaun M. Koenig, Esq.

Business Valuation Joe Novello, CPA, MBA

Mitchell Greenberg, Esq. Seth Okin, Esq. Singleton Mathews, Esq. Marla Zide, Esq. ROOM 205

Inside Community Mediation Unfiltered: Mediation Success Stories and Dramatic Re-enactments *All names (and some facts) have been changed to protect the innocent Jill Eisner, Esq. Karen Wilson, J.D. ROOM 209

Understanding the State Department of Assessments and Taxation (SDAT) Real Property Assessment William Poole, Ph.D. ROOM 207 / 208

Fundamentals of Fiduciary and Estate Litigation William A. Goldberg, Esq. Michael J. Goecke, Esq. ROOM 217

Parenting Coordination — How Maryland Rule 9-205.2 can Reduce Family Case Loads Laura Burrows Haviland, Esq. ROOM 206

Legal Implications of Independent Contractor Status Russell Hollrah, Esq. ROOM 215

1 1:30 AM - 12 :30 PM The Changing Face of Landlord & Tenant in a Post-Pandemic World Hon. Bryon Bereano Hon. Danielle M. Mosely Hon. Michael Siri Kayla Williams, Esq. Moderator

The Client Attraction System: How to Get a Steady Stream of 5 Star Clients to Your Law Firm Sharon Christie, Esq. ROOM 202

Local Opportunities in the Federal Infrastructure Bill Michelle Lipkowitz, Esq. Jordan Rosenfeld, Esq. Brandon Brauer, Esq. ROOM 203

ROOM 201

7

Thursday Rucksack for Representing Veterans and Military Veterans and Military Law Section Michael May, Esq. Michael Comeau, Esq. Swapna Yeluri, Esq. John Price, Jr., Esq. Hon. C. Phillip Nichols

Adverse Witness Depositions in Civil Litigation: Getting the Key Admissions You Need to Win At Trial John Leppler, Esq.

Federal Prosecution of Elder Fraud Evelyn Cusson, Esq. Sean Delaney, Esq. ROOM 215

ROOM 209

ROOM 204

Crisis to Balance: Maintaining Equanimity in the Face of Uncertainty Laurie Lyte, Esq. Deborah Donohue, Esq.

Lawyers Who Listen: Strategies for a Successful Mediation

Redistricting 2022: Latest Developments on Election Litigation and Legislation

Paula Bresnan Gibson, Esq.

Administrative Law Section and Litigation Section Appellate Committee Hon. Andrea M. Leahy Hon. Lynne Battaglia (Ret.) Prof. Kimberly Wehle Timothy F. Maloney

ROOM 205

ROOM 206

ROOM 207 / 208

1 2:4 0 - 1: 40 PM

ARE YOU SMARTER THAN A LAW CLERK REDUX! Hon. Lynne Battaglia • Hon. Andrea Leahy • James Archibald, Esq. • Paul Sandler, Esq. • Rima Kikani, Esq. ROOM 207 / 208 1 :4 5 - 2:45 PM Managing a legal career and a contented life

Roundtable: Hot Topics in Consumer Law

Managing Plaintiffs and their Expectations

Jane Santoni, Esq.

Peter Holland, Esq. Moderator

Chelsea Ortega, Esq.

ROOM 201

Can understanding older clients help your law practice?

Amy Griboff, Esq. ROOM 204

ROOM 202

Do more with less: How to use technology to grow, scale, and more effectively manage your practice.

Leah Del Percio, Esq. Tara Faquir ROOM 205

ROOM 203

Pass the SALT: PTE Workarounds Tax Section Vadim Ronzhes, Esq. Krista A. Sermon, Esq. Michael A. Brennan, CPA, MBA DeAndre R. Morrow David Polashuk - Moderator ROOM 209

8

Thursday Microaggressions: Toxicity in the Work Environment

Digging Deep Into How Attorneys Get The Most From Their Mediators

Natasha Dartique, Esq.

Douglas Furlong, Esq. Jeff Trueman, Esq.

ROOM 206

The Discovery Process Maryan Alexander, Esq. ROOM 215

ROOM 207 / 208

Maryland Water Pollution Control Laws and Waters of the United States under the federal Clean Water Act Jon Mueller, Esq. Scott Yager, Esq. ROOM 217

3 :0 0 - 4 :00 PM Collegiality in the Law: Sometimes It Pays to Play Nice

Creating a Diversity, Equity & Inclusion Plan is not the End Game

The Surfside Condo Collapse: Lessons for Maryland

Membership & Marketing Committee

Diversity & Inclusion Committee

Real Property Section

Harry S. Johnson, Esq. Jesse Keene, Esq. Eleni vanRoden Bickley, Esq. Hon. Lisa Hall-Johnson Josephine M. (Jo) Bahn, Esq. - Moderator

Yolanda Sonnier, Esq. Glendora Hughes, Esq. Pilar Nichols, Esq. ROOM 202

John Tsikerdanos, Esq. James Anderson, Esq. Roger Winston, Esq. ROOM 203

ROOM 201

M&A Transactions in the Government Contracting Industry: Overview and Practice Tips Kathryn Hickey, Esq. Dave Shafer, Esq.

Podcasts and the Law. Reaching the public.

Rule 30(b)(6) Depositions: Myth Busting

Robert Clark

Litigation Section and Young Lawyer’s Section

ROOM 205

Stacie E. Tobin, Esq. David J. Shuster, Esq.

ROOM 204

ROOM 209

TRACK KEY Alternative Dispute Resolution/ Mediation Corporate/ Transactional Law

Cybersecurity and Technology

Litigation and Trial Skills

Wellness

Justice

Leadership and Practice Management

Practice Updates

9

Do Trusts Solve Everything? Maybe, but Maybe Not! Micah Bonaviri, Esq. Nicholas Monteleone, Esq.

Getting the Best out of Any Negotiation Ceecee Paizs, Esq. Dr. Gina Santoro ROOM 215

ROOM 206

The Use of Drones by Private, Third-Party Operators to View or Document Agricultural Operations, Activities, or General Conditions Existing on Real Property Owned by Others Agriculture Law Virtual Bud Tayman, Esq. Paul Goeringer, Esq. Live Anthony Gorski, Esq. Paul Goeringer, Esq. ROOM 217

4:0 0 - 5:30 PM

SEACRETS HAPPY HOUR Presented by the Worcester County Bar Association 4:30 - 6:30 PM

MBF ANNUAL MEETING/FELLOWS INDUCTION Sponsored by The Daily Record Lighthouse Sound Separately ticketed event 5 :30 - 7:00 PM

ALUMNI HAPPY HOURS Dunes Manor Hotel Join both University of Maryland and University of Baltimore Law Schools for fun Alumni Happy Hours with great ocean views!

7 :30 - 9:3 0 PM

PRESIDENT’S RECEPTION & 125TH ANNIVERSARY CELEBRATION OCMD Convention Center Ballroom 9 :0 0 - 11:00 PM

L ATE NIGHT WITH LOCAL BARS & SILENT DISCO* *Silent Disco will proceed weather permitting DoubleTree 5th Floor Penthouse

10

Friday, June 3 Program descriptions are listed alphabetically beginning on page 18.

8:00 AM - 1:00 PM EXHIBITOR HALL: DOCKSIDE ROOM, 1ST FLOOR Visit our many exhibitors to learn how they can help you and your practice.

Exhibitor Hall will also host Industry Solution Session (check app for details).

Coffee & Snacks will be available in the Exhibitor Hall as well.

6 :30 AM

RISE & SHINE Join MSBA’s own Shaoli Katana for relaxing beach yoga. All levels welcome.

Please bring water and a beach towel or yoga mat.

32nd & 33rd Street on the Beach 8 :0 0 AM - 1:00PM Registration Open from 8:00am - 1:00pm 8 :30 - 9:3 0 AM Quiet Title Action: When they are necessary and how to avoid them

The State of the Confrontation Clause in 2022

James Demma, Esq. Kevin Norris, Esq.

John Grimm, Esq. Joseph Pappfotis, Esq. Judit K. Otvos, Esq.

ROOM 206

Uses of Special Needs Trusts in Law Sharon J. Ritter Beall, Esq. ROOM 201

ROOM 202

Leading Your Law Office: Tips on Effectively Managing an Office and Staff Paralegal Task Force Valerie Nowottnick

Primer on Copyright Hugh Marbury, Esq. James B. Astrachan, Esq. Nicholas B. Hawkins, Esq. ROOM 205

Applicable Federal and State Policy, Law and Legal Considerations in Special Education Yolanda Faerber, Esq. ROOM 203

ROOM 204

The Affordable Law Task Force: Strategies for providing affordable legal services to moderateincome Marylanders Syma Siddiqui, Esq. Meredith Girard, Esq. Nicholas R. McDaniel, Esq. ROOM 209

Estate Planning Legislative Update & Primer on Support Decision Making Agreements Speakers: Christine W. Hubbard, Esq. Delegate Jon S. Cardin Megan Rusciano, Esq. Steve Elville, Esq. ROOM 207 / 208

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Friday 9 :4 5 - 10:45 A M Supreme Court Term in Review

Ethics and Interpreters for LEP Clients

Section of Litigation and its Appellate Practice Committee

Hon. Pamela J. White (Ret.) Hon. Michael W. Siri Warren Hedges, Esq. Lisa M. Fishelman, Esq.

Steven Klepper, Esq. ROOM 207 / 208

The Enjoyment of Practicing Law Kathleen Yodice, Esq. ROOM 203

ROOM 201

Immigration Consequences of Criminal Convictions I Immigration Law Section Rachel Ullman, Esq. Himedes Chicas, Esq. ROOM 202

8 Essential Systems & Ethical Guidance for Client-Centric Firms Brian Thackston, Esq. Richard J. Berwanger, Jr., Esq. ROOM 206

Cannabis in Maryland: 2022 William Shaughnessy, Jr., Esq. William Tilburg, Esq. Hon. Brian Feldman Venushki Hemachandra Seth Murphy Hon. Luke Clippinger Jake Van Wingerden ROOM 209

1 1:0 0 AM - 1 2 :00 PM Now Hold on a Minute – There Are Laws that Apply to Crypto?: Current State of the Law Governing Cryptocurrency and Other Digital Assets Business Law Section Daniel Waldman, Esq. Penny Somer-Greif, Esq. Timothy R. Wagner, Esq. ROOM 209

Immigration Consequences of Criminal Convictions Part II Immigration Law Section Adam Crandell, Esq. Jeremy Eldridge, Esq. Gabriela Q. Kahrl, Esq. ROOM 202

The Impact of Workers’ Compensation Benefits on First and Third Party Claims Negligence, Insurance and Workers’ Compensation Section

How to start and run a successful virtual law firm Meredith Hill, Esq. ROOM 203

James Lanier, Esq. Paul Gallo, Esq. Jaime Maxwell ROOM 201

I Care A Lot: Dispelling the Myths and Understanding Adult Guardianships in Maryland Maureen Sentman Danos, Esq. ROOM 215

Mental Health Issues in Litigation Anthony Butler Sondra M. Douglas, Esq. Chantal Joseph, Esq. Janelle Ryan-Colbert, Esq. Sahmra A. Stevenson, Esq. - Moderator ROOM 204

12

Friday Process Maps for Successful Mediation — Keeping Out of the Weeds Dr. Steve Forrer

Data Breach Liability and Cyber Security Litigation Arnold Abraham, Esq. ROOM 205

ROOM 207 / 208

Family Law Legislative Update & Brief Focused Assessments Family & Juvenile Law Section Council Charlotte Crutchfield, Esq. Joanie Raymond, Esq. Dr. Rebecca Snyder ROOM 217

Bankruptcy Exemptions: Whose Stuff Is This Anyway?

Consumer Bankruptcy Section Bud Stephen Tayman, Esq. Marc Robert Kivitz, Esq. ROOM 206

1 2:0 0 - 12 :45 PM

NEW JUDGES RECEPTION Join us for some light appetizers and a meet & greet with Maryland’s newest judges.

OCMD Convention Center Ballroom 1 2:50 - 1:50 PM Ready Lawyer One?: IP in the age of the Metaverse – Part I

Tech Tips Speedround: 30 Tips in 60 Minutes

Intellectual Property Section

ROOM 202

T. Bruce Godfrey, Esq.

Raymond Van Dyke, Esq. James Astrachan, Esq. Dorian Thomas, Esq. ROOM 207 / 208

TRACK KEY Alternative Dispute Resolution/ Mediation Corporate/ Transactional Law

Cybersecurity and Technology

Litigation and Trial Skills

Wellness

Justice

Leadership and Practice Management

Practice Updates

13

Friday Navigating a Nest of Vipers: Protecting Older Clients from Abuse

Protecting Yourself When Providing Limited Scope Representation

Artificial Intelligence and the Attorney’s Duty of Technical Competence

Elder Law and Disability Rights Section

Chandra Walker Holloway, Esq. Keisha Garner, Esq. Meredith Hill, Esq. Josaphia Springer, Esq. Sahmra A. Stevenson, Esq. - Moderator

Col. Walter “Frank” Coppersmith

Ryan Wilson, Esq. ROOM 204

ROOM 201

ROOM 203

Tips on Navigating the Complexities of (Potentially) Illegally Obtained Audio Recordings Pilar Nichols, Esq. Brittany L. Strickland, Esq. Carlotta Woodward, Esq. ROOM 206

Demystifying Daubert: Expert testimony since Rochkind v. Stevenson Litigation Section & Criminal Law Section Honorable Paul W. Grimm Honorable Robert Taylor Brian Kleinbord ROOM 209

1 : 55 - 2:55 PM My School Online Research Accounts Expired. Now What?

Ready Lawyer One?: IP in the age of the Metaverse - Part II

Scott H. Stevens, Esq. Julia Viets Julee Snyder

Intellectual Property Section

ROOM 215

Raymond Van Dyke, Esq. James Astrachan, Esq. Dorian Thomas, Esq. ROOM 207 / 208

Reimagining the Pro Bono Experience: Utilizing changes in technology to reduce barriers for pro bono volunteers and increase access to justice for low income Marylanders Todd Cagwin, Esq. Angus Derbyshire, Esq. C. Tattiana Goluskin, Esq. ROOM 203

Hot Topics in Energy Law Brent Bolea, Esq. ROOM 204

How To Have Your Expert Witness Prepare You James Demma, Esq. Kevin Norris, Esq. ROOM 206

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Friday Handling Student Loans in Bankruptcy: The Current Landscape

The Current Landscape of ADR: Programs, Practices and Trends

Consumer Bankruptcy Section

Alternative Dispute Resolution Section

Bud Stephen Tayman, Esq. Marc Robert Kivitz, Esq. Jeffrey Scholnick, Esq.

Toby Guerin, Esq. Cynthia Jurris, Esq. Connie Kratovil-Lavelle, Esq. Kathy Brisette-Minus, Esq. Kathryn M. Huff, Esq. Erin Gable

ROOM 205

Homeschooling and Family Law 101 Carmen Longoria-Green, Esq. ROOM 201

ROOM 202

3 :0 0 - 4 :15 PM

125TH ANNIVERSARY THOUGHT L EADERSHIP ROUNDTABLE OCMD Convention Center Ballroom 4:15 - 5:30 PM

ANNUAL BUSINESS MEETING Convention Center Ballroom Featuring the Swearing-In of the MSBA’s President-Elect, David Shapiro 5 :30 - 6:3 0 PM

CLOSING RECEPTION Convention Center Ballroom Hosted by the Maryland Access to Justice Commission & MSBA Welcoming Maryland Legal Aid’s’s New Executive Director, Victoria Schultz and MSBA’s New President, David Shapiro 8 :30 - 10:00 PM

BONFIRE ON THE BEACH (WEATHER PERMITTING) On the Beach 32nd & 33rd St. Bring your own beach blanket or chair. We’ll bring the smores!

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Thank You to Our Sponsors & Exhibitors:

R

ABA Retirement Funds AmeriWell Clinics BDO USA Boundless-Travels Clio

McEnroe Voice & Data Corporation

The McCammon Group

MHC Healthcare

Trustate

Mid-Atlantic Spinal Rehab & Chiropractic

Truist Bank USI Affinity Veritext Legal Solutions

CosmoLex

Minnesota Lawyers Mutual

eNotary Log

MyCase

Mid-Shore Pro Bono

Filevine

Netdocuments

Fastcase

First Maryland Disability Trust

OptimizeMyFirm

Pro Bono Resource Center (PBRC)

Gross, Mendelsohn & Associates, P.A.

Planet Depos

InterActive Legal

Prather & Associates Legal Nurse Consulting Services, LLC

LawPay

Ryan & Wetmore

Legal Studies Institute

Sequoia Security Group

LexisNexis

Smart Start

Lockton Affinity, LLC

The Bar Associations Insurance Agency

Maryland Association of CPAs

The Family Heritage Trust Company

Vound

Maryland Volunteer Legal Services (MVLS) Maryland Legal Services Corporation (MLSC) Atlantic General Maryland Legal Aid MyLaw MSBA LAP MSBA Treatises & CLE The Daily Record 16

Hotel Information Hilton Ocean City Oceanfront Suites 3200 North Baltimore •

410-289-6444

Reservations must be made by April 30, 2022 using code “Bar Association” Room

Weekday Rate

Weekend Rate

Oceanfront

$269.00

$399.00

HOST HOTEL NETWORK

C L IC K H E RE TO BOOK ONLINE

Doubletree by Hilton Ocean City 3301 Atlantic Ave •

410-289-1234

Reservations must be made by April 30, 2022 using code “Bar Association” Room

Weekday Rate

Weekend Rate

Oceanfront

$259.00

$379.00

Oceanview

$239.00

$359.00

C L IC K H E RE TO BOOK ONLINE

Dunes Manor Hotel 2800 Baltimore Avenue •

410-289-1100

Reservations must be made by May 2, 2022 using “MD State Bar Association (CW)” Room

Weekday Rate

Weekend Rate

Hotel Run of House

$189.00

$209.00

C L IC K H E RE TO BOOK ONLINE

Holiday Inn Suites 1701 Baltimore Avenue •

410-289-7263

Reservations must be made by April 30, 2022 using code “Bar Association” Room

Weekday Rate

Weekend Rate

Oceanfront Suites

$279.00

$379.00

C L IC K H E RE TO BOOK ONLINE

17

Holiday Inn Oceanfront HOST HOTEL NETWORK

6600 Coastal Highway •

410-524-1600

Reservations must be made by April 30, 2022 using code “Bar Association” Room

Weekday Rate

Weekend Rate

Southern & Eastern Oceanfront

$169.00

$279.00

C L IC K H E RE TO BOOK ONLINE

Quality Inn Oceanfront 5400 Coastal Highway •

410-524-7500

Reservations must be made by April 30, 2022 using code “Bar Association” Room

Weekday Rate

Weekend Rate

Oceanfront Run of House

$139.00

$249.00

C L IC K H E RE TO BOOK ONLINE

Additional Hotel Options Aloft Ocean City 4501 Coastal Highway 443-373-0800 Reservations must be made by May 10, 2022 using “Maryland State Bar Association”

Room

Rate

Standard City View

$189.00

Queen/Queen Bayview

$214.00

Room

Rate

Hotel Run of House

$129.00 (M-F block only)

Fairfield Inn & Suites by Marriott 2501 Philadelphia Avenue 410-289-5000 Reservations must be made by May 2, 2022 using group name “MD State Bar Association” Condos and Rental Properties ococean.com

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Program Descriptions Program descriptions are listed alphabetically by title.

5 Cyber Security Best Practices Your Firm Should Have Implemented Yesterday Businesses everywhere are under cyberattack and law firms are no different. The risks of not having a solid cyber security plan, policies and certifications in place are enormous. In fact, a cyberattack could bring your firm to a screeching halt. We’ll tell you the five cyber security best practices your law firm should put into place right now. You’ll learn how to minimize the risk of a ransomware attack, identify gaps in your cyber security plan and protect your sensitive information. BONUS – everyone who attends this session will be eligible for a free cyber security assessment of their firm.

8 Essential Systems & Ethical Guidance for Client-Centric Firms A client-centric organization is the result of countless different things that are unique to the organization’s own special chemistry. However, there are a number of fundamental online and offline systems needed to support any firm’s quest for more, happier clients.

In the program, we will discuss the systems fundamental to any law firm and how they can help you with a) better lead generation, b) improved client retention, and c) gaining a competitive advantage for recruiting and more (while also meeting your ethical obligations as an attorney).

The systems every law firm needs to know can be categorized as the following: ♦ Talent Systems (e.g. applicant tracking, performance reviews, titles, etc.) ♦ Project Management Systems (e.g. Rocket Matter, Clio, etc.) ♦ Contact Management Systems (i.e. CRM, referral systems, etc.) ♦ Media Systems (e.g. website, directories, social media profiles, etc.) ♦ Knowledge Systems (e.g. Notion, Westlaw, etc.) ♦ File Management Systems (e.g. Google Drive, iManage, Dropbox, etc.) ♦ Communication Systems (e.g. MS Outlook, Google Calendar, Slack, etc.) ♦ Productivity Systems (e.g. Microsoft Office 365, Google Workspace, Adobe Acrobat, etc.)

A thoughtful combination of these core systems can better the experience for both your clients and your team members (in addition to avoiding ethical complaints and conundrums). Join Brian Thackston, Esq. (ApproachableSystems.com) and Richard Berwanger, Jr., Esq. (AskFrost.com) for this discussion on client extremes, lead generation, and more.

ABCs of Advising Clients about ESG ESG (Environmental Social Governance). Presentation will highlight: This is much more for businesses, from public companies to Ma and Pops, than simply articulating the business will be “Net Zero” by some year in the future (the E in ESG). Does a business really need a response to what is going on in Ukraine (the S in ESG)? The 2021 Maryland law that has become a corporate diversity benchmark for the country (the G in ESG). Gleaning the direction of coming international, federal and state ESG laws in 2022.

19

ADR in the Maryland Judiciary: Where We Are and Where We’re Headed This program will feature a panel conversation with a representative from each of the Maryland Judiciary’s three ADR Offices [District Court ADR Office, Maryland Mediation and Conflict Resolution Office (MACRO), Court of Special Appeals ADR Division] and a Circuit Court ADR perspective to discuss the current status of, and how to access ADR at all levels of court; information about remote ADR availability and procedures; and what to expect when participating in the remote and in-person ADR programs of the various courts. The panel will address shifts made to ADR programming as a result of the pandemic, any new programs or permanent changes that have resulted from the pandemic, as well as any new initiatives on the horizon.

Adverse Witness Depositions in Civil Litigation: Getting the Key Admissions You Need to Win At Trial During adverse witness depositions, many lawyers pose questions that are similar to oral interrogatories, simply asking the opposing party witnesses what happened. The responses, on the other hand, rarely assist the lawyer taking the deposition at trial since there are no key admissions the lawyer may utilize when it matters most -- during cross-examination of the adverse witnesses at trial.

The fate of the case is usually determined by the findings of adverse witness depositions.

Adverse witness depositions that are effective can result in a favorable pretrial settlement, while those that are ineffective can result in a low settlement or major problems at trial. The deposition testimony of a witness will and should be the same as the witness’s trial testimony, according to logic. This is why the most significant litigation tool in the trial lawyer’s arsenal is obtaining critical admissions at the depositions of the adverse witness. My guidelines, tips, and tricks for taking adverse witness depositions will be covered in this presentation. When I have adverse witness depositions in serious injury and wrongful death cases, I follow these principles.

Applicable Federal and State Policy, Law and Legal Considerations in Special Education Understanding the special education process is critical when representing parents, guardians and their child in meetings and hearings. In this presentation, we will discuss the Maryland special education process and selected landmark case and statutory law, highlighting the differences between IEPs, IFSPs and 504 Plans. We will focus on the steps needed to obtain an IEP for a student with disabilities, and the selection of which accommodations and supports are appropriate for that child. We will also review the procedural safeguards available to children and their families, including mediation and the filing of due process or State complaints.

Are You Smarter Than a Law Clerk REDUX! This unique program is entertaining, informative, interactive, and a fast-paced take-off on the TV game show “Are You Smarter than a Fifth Grader?” Panelists will answer frequently asked - and frequently missed - questions about Federal and Maryland civil procedure, pleading, discovery, and trial practice by allowing the audience (anonymously by the use of computerized audience responders) to answer the questions, too, as our moderator (Judge Battaglia) poses them to our panel of law clerk contestants and four experts (Judge Leahy, Jim Archibald, Paul Sandler and a representative of the Young Lawyers Section). Audience participants will receive prizes for correct answers. Come and compete and eat!

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Artificial Intelligence and the Attorney’s Duty of Technical Competence Last year I spoke to the Annual Summit on the ethical uses of artificial intelligence (AI) by legal professionals and provided examples of lawyers and AI working together to serve clients.

In this new presentation, I will address how legal professionals are advising clients who are rapidly adopting AI across many use cases; for example, AI is being used by law enforcement to enhance video and photographs, financial organizations to identify fraud and risk, health care providers to influence patient behavior, and nearly every business to better understand their data! To that end, the presentation will help attorneys meet their “duty of technical competence” as it relates to AI by providing a framework, questions and examples so that attorneys are empowered to better advise AI-enabled clients, balancing practical, legal and ethical responsibilities. As the senior reserve attorney inside the USAF’s operations and international law domain (judge advocate), I am responsible for advising on the service’s portfolio of AI technology - as such, these issues are my day to day! - Colonel Walter “Frank” Coppersmith, HQ USAF/JAO (Judge Advocate General’s Office, Operations and International Law Domain).

Bankruptcy Exemptions - Whose Stuff Is This Anyway?

The filing of a bankruptcy case creates an estate which is essentially comprised of all legal and equitable interest in assets owned in full or in part by the person who files the bankruptcy case.

If it were not for exemptions, all of these assets would be subject to claims of creditors in the bankruptcy case. But exemptions are available to individual debtors in bankruptcy to change this result. The result of exemptions determines what assets a debtor keeps. And what assets cannot be kept. This program will describe the exemptions available under state and federal law to an individual debtor in a bankruptcy case filed in Maryland, described through the process of pre-bankruptcy exemption planning. If you need to understand the way bankruptcy works, this is a program not to be missed.

Brand Protection: Safeguarding Your Investment Your brand represents your business, and you’ve invested heavily in developing and promoting it. But that investment could be lost if you don’t protect it adequately. Learn how to protect your brand and what enforcement tools are available to you. This program will explain how in-house counsel and outside counsel alike can ensure adequate brand protection, police potential infringements, and enforce protection rights.

Business Valuation Today’s clients demand that lawyers understand how to value a business - whether in relation to a merger or acquisition, shareholder dispute, or an estate or family law matter. The more a lawyer understands about business valuation, the better they’ll be able to use their financial understanding to their client’s advantage during negotiations or litigation. This 1.5 hour session will help demystify business valuation for the average practitioner. In simple, easy-to-understand language, and using realistic examples, Joseph Novello, CPA, MBA will explore reasons to value a business, provide practical tips based on which party that they are representing, and demonstrate commonly accepted valuation methods. You’ll learn the pros and cons of each method, what to watch out for, and how to formulate meaningful inquiries. He will also share several free and low-cost resources that lawyers can access for additional information. By the end of the program, a participant will have the knowledge and confidence needed to work with and communicate with financial advisors and represent their client’s interests effectively. Joe’s simple, proven approach to financial education has helped thousands of lawyers throughout North America better serve their clients - now let him help you.

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Can understanding older clients help your law practice?

In light of the COVID-19 pandemic, attorneys may have changed client intake, signing documents, and other typical firm processes. However, these changes may pose additional challenges for older clients. Some practical considerations include an older client being quarantined in an assisted living facility, unable to use or access technology, or is unable to hear you with technology. Additional points of discussion include the attorneys ability to determine client’s capacity or ensure confidentiality due to technology. Lastly, do your legal documents account for older clients needs, such as, Medicaid and Special Needs?

Cannabis in Maryland - 2022 This diverse panel is to update practitioners on the status of cannabis in Maryland. An adult-use legalization constitutional amendment was pre-filed for 2022 General Assembly session. Both the House and the Senate considered numerous cannabis bills in 2022. What has emerged from the 2022 Session? What does this mean for practitioners? What was enacted on de-criminalization?

What is the timetable for adult use in Maryland? What regulatory framework will emerge? How have social equity concerns been addressed? What is the status of the current medical-use only market in Maryland? These issues will be addressed by legislators, industry participants and a cannabis regulator.

Caring for Our Colleagues To err is human, but we hold lawyers to a higher standard. Judging our colleagues harshly, we cling coldly to the rule of law and ignore the human side of our profession. Rather than look out for one another, our rules require that we report each other to the appropriate professional authority, but say nothing of our need to refer colleagues for appropriate professional help. If we care about the future of our profession, we must care for the professionals within it. In this program, we will explore some of the critical problems confronting our colleagues and consider reforms that may improve the health of our profession as a whole.

MODERATOR: Irwin Kramer PANELISTS: ♦ ♦ ♦

Judge Lynne A. Battaglia, Court of Appeals of Maryland Judge Dolores Dorsainvil, District Court for Prince George’s County Kim Y. Johnson, J.D., a former Maryland attorney who has courageously agreed to share her story on the issues prompting her disbarment and her perspectives on helping others facing similar crises.

Changing the Leadership Paradigm to Attract, Retain, Motivate, Inspire Your Employees to Peak Performance Wouldn’t it be easy if we just worked with robots? Just turn them on, and they worked, and reprogram them as necessary. Unfortunately, this is not the case. Getting ALL employees to want to work harder, be more engaged, and be team players is challenging. It’s becoming harder and harder to attract top talent and motivate them to achieve your goals. It is especially challenging when you have remote employees, have different personalities, ages, work ethics and when there is a lure of better opportunities elsewhere. Learn skills to inspire employees, and increase performance, all while improving morale. This session teaches a 180-degree approach and a simple acronym, “MVP” to remember how to make sustainable change. The approach being taught inspires, motivates, engages, and helps to attract better employees.

Collegiality in the Law: Sometimes it Pays to Play Nice Too often, the practice of law has opposing parties at loggerheads. For lawyers, it can delay and oftentimes, add cost in the legal process. In this program, attendees will learn about pitfalls to avoid when communicating with opposing counsel, to help them maintain a consistent even tone in their practice.

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Creating a Diversity, Equity & Inclusion Plan is not the End Game This program will highlight the MSBA’s Diversity & Equity Plan newly adopted in June 2021. The panel will showcase portions of the plan to increase diversity, equity and inclusion within MSBA and the implementation of the plan. Additionally, the panel will discuss the importance and relevance of having a DEI plan within each section, specialty bar association, law firm, nonprofit and other organizations.

Crisis to Balance: Maintaining Equanimity in the Face of Uncertainty As we transition from managing crisis to a more balanced approach in the workplace, it is time to reevaluate what serves us going forward in the face of continued uncertainty and change.

We will discuss how long-term uncertainty can affect us - both personally and professionally – focusing on what we can do to effectively manage our responses to things beyond our control.

Attendees will learn techniques that can help to maintain your equanimity so that you have tools to turn to feel less anxious and overwhelmed in the current environment in service of showing up the way you choose.

Data Breach Liability and Cyber Security Litigation Two of the largest lawsuits in the country right now are based on data breaches - Equifax and Marriott/Starwood. This presentation is a review of recent data breaches and the potential liability associated with them based on lawsuits dealing with cyber security litigation, relevant statutes and case law. Cyber security provider should be aware of the growing risk of exposure to lawsuits for negligence when data breaches or other security failures occur. Ultimately, these lawsuits will help bring pressure on the industry to improve security standards by adjusting the risk/reward ration due to long term economic consequences.

Dean’s Roundtable: The Future of Legal Education & The Rule of Law We’ll get the deans of the two law schools and more from DC - including Howard and GWU and talk about the charge laid out in the first thought leadership session about how to think about the role of lawyers and the legal profession in upholding the rule of law. How are law schools preparing for this future.

Demystifying Daubert: Expert testimony since Rochkind v. Stevenson The program will address the Court of Appeals decision in Rochkind v. Stevenson. The program will highlight the evolution from “Frye-Reed” standard to the Court of Appeals decision and offer practice point to litigants. The program will be a hybrid of question/answer with a moderator offering specific topics of discussion. Program speakers include The Honorable Robert Taylor and Brian Kleinbord.

Digging Deep Into How Attorneys Get The Most From Their Mediators Experienced mediators are familiar with the mediation process and they know which mediators are effective and which are not. In order to take the process ”to the next level,” do attorneys know what they are getting when they agree to use a particular mediator? Should the mediator reorient counsel’s valuation of the case? If so, how and when? Do you want a mediator who will coach you through common traps when bargaining? Join two experienced mediators (collectively over 43 years)-- Doug Furlong and Jeff Trueman-- for a deeper dive into the details of how lawyers can become more savvy about how to use mediators.

This program is jointly presented by Douglas Furlong, Esq. (www.furlongadr.com) and Jeff Trueman, Esq. (www.jefftrueman.com)

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Do more with less: How to use technology to grow, scale, and more effectively manage your practice Today’s lawyer is expected to do a lot more for his/her clients in a lot less time. In this program, we will discuss simple strategies of how lawyers can use the tools that we already have to grow and scale our businesses while at the same time reducing errors/ malpractice risk, and providing a higher, more personalized level of service for clients.

Just like with the advent of word processing software, there is a way that we, as attorneys, can use some of the advances in technology to our advantage to deliver our valuable traditional legal work to clients.

We will discuss new ways to use tools that so many attorneys already have (westlaw, lexis, ms office) as well as some of the latest technology made available during the pandemic (automated meeting schedulers, contract drafting/templating tools, practice management software).

Do Trusts Solve Everything? Maybe, but Maybe Not! It is commonplace today to hear and read that trusts are the solution for every issue in estate planning. This is, in fact, not the case; however there are many different types of trusts with one or more purposes – whether it is to avoid probate, save taxes or protect assets from creditors and even the beneficiaries themselves. Estate & Trusts attorneys, Micah Bonaviri and Nicholas Monteleone will identify the many types of trusts, their individual uses as well as the advantages and disadvantages of each for yourself and your clients.

Ethics and Interpreters for LEP Clients Are Maryland lawyers inviting an ethics probe if neglecting to use qualified interpreters for LEP clients? What do the rules require or allow, especially in court proceedings? What are the applicable rules for lawyers and judges? The panel program will address the responsibilities of lawyers and judicial officers to communicate effectively with LEP clients and litigants, as well as the resources and requirements of Maryland Rules 1-333 and 1-332.

Federal Prosecution of Elder Fraud The program will explore fraud schemes targeting seniors such as grandparent and romance scams, lottery scams, and COVID-19 frauds. The presenters will describe various frauds and swindles involving senior victims prosecuted by the United States Attorney’s Office in Maryland and the tools fraudsters use to perpetrate these schemes. Attendees will gain valuable knowledge and information with which to counsel their clients to avoid becoming a victim.

Fundamentals of Fiduciary and Estate Litigation This course provides an overview of fiduciary and estate litigation in Maryland, identifying potential causes of action, where to file claims, and how to litigate them. We touch upon several key issues, including how personal representatives and trustees can satisfy their fiduciary duties, when disputes are likely to arise, and how to avoid them. The program will also address practical aspects of fiduciary and estate litigation, providing pointers and tips on how to succeed. We will also discuss recent developments, including the Court of Appeals’ decision to recognize a claim for tortious interference with expected inheritance. This program is for anyone interested in learning about fiduciary and estate litigation, but is especially useful for litigators looking to expand their practice into this nuanced area of the law.

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Getting the Best out of Any Negotiation This program will provide practical discussions of obstacles that can be encountered in negotiations, whether in a meeting, mediation or settlement conference setting. The program will discuss difficult personalities and how to best negotiate with him/her/them, whether he/she/ they are the clients or the attorneys. Useful communication tools will be provided from both an experienced attorney/mediator and a mental health provider so that the participants will learn to get the most out of negotiations.

Getting Your Life Together as a Solo/Small Firm Practitioner, Part I Streamlining Your Practice for Effectiveness - cutting out timing issues and discussing a virtual receptionist, utilizing a courier service, updating your calendar system, and utilizing client portals that replace email.

Getting Your Life Together as a Solo/Small Firm Practitioner, Part II Resolving Work/Life Balances and loving the life you live while also loving the work you do.

Handling Student Loans in Bankruptcy - The Current Landscape The treatment of student loans in bankruptcy has undergone major revisions over the last three decades, going from less restrictive to more restrictive treatment or from more favorable to less favorable depending on perspective. It appears that the ebb and flow of this treatment may now be flowing back to less restrictive or more favorable to borrowers. This program will examine the current state of handling student loan debt in bankruptcy in issues including nondischargeability and plan treatment. The program will also discuss the recent settlement between the Navient Corporation and 38 states and the District of Columbia, the results of which will determine if a student loan even has to be administered in a bankruptcy case. This is a program not to be missed.

Homeschooling and Family Law 101 How do you evaluate whether homeschooling is being done well or poorly when you are tasked with determining the best interests of a homeschooled child? What about when parents seek representation regarding homeschooling–either because they wish to homeschool their child or because the child’s other parent is homeschooling against your client’s wishes? Learn more about this rapidly expanding educational option with help from the Coalition for Responsible Home Education, an organization that advocates for homeschooled children and is run by homeschool alumni. Attorney and CRHE board member Carmen Longoria-Green will summarize Maryland’s homeschooling laws, walk you through the various types of homeschooling you may encounter, and provide you with the critical questions to ask when evaluating a homeschooling case.

Hot Topics in Energy Law This program will cover issues such as recent changes to Maryland’s Renewable Portfolio Standard, Offshore Wind, and Grid of the Future.

How To Have Your Expert Witness Prepare You The expert witness needs the help of the lawyer to prepare for testimony, but the questions asked need to prepare the lawyer for trial. This presentation will explore the questions needed for the lawyer to better understand the nuances of surveying and engineering. While the expert can explain their position, the lawyer needs to have the expert explain the profession so they both can form a defense for the opposing expert.

How to start and run a successful virtual law firm Learn how to successfully run a virtual law practice. In the age of COVID, it’s important more than ever that our law firms keep their staff and clients safe, but also can continue to run successfully if physically being in an office is not an option. Discover what technology and systems you will need to run your practice, as well as, gain and keep clients.

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Humanizing Ethics: Motivating Compliance Through Creative Outreach Motivating employee buy-in of an organization’s ethics rules starts with inspiring employees during training. Find out creative ways to reach workers on levels which are relevant and engaging. Although these lessons have been learned through time spent in the Federal Government, they are applicable in any workplace that wants to improve compliance with ethics rules.

I Care A Lot: Dispelling the Myths and Understanding Adult Guardianships in Maryland In recent years, an aging generation of baby boomers, increased safeguards in banking, and new protocols in healthcare have trended together and surged the need for adult guardianships- an often misconceived area of elder law. Maryland courts have been rapidly evolving to address this critical need, as the role of attorneys in the guardianship landscape has transformed into a complex combination of advocate, agent, and surrogate. This session aims to review these changes, while navigating the basic process of obtaining and maintaining legal guardianship of a disabled adult.

Immigration Consequences of Criminal Convictions Part I ♦ Why Immigration Law matters in the Criminal Law context.

• The Immigration and Nationality Act’s definition of “conviction”, including the Immigration consequences of -probation before judgment not guilty agreed statement of facts • ”Crimes involving moral turpitude” and “Aggravated Felony” offenses.

• The latest updates from the Board of Immigration Appeals, the 4th Circuit, and the U.S. Supreme Court.

Immigration Consequences of Criminal Convictions Part Ii ♦ Advice and tips on working with clients with potential immigration consequences that may stem from state criminal convictions. ♦ Benefits of criminal defense counsel working with immigration counsel (such as fashioning a plea to avoid adverse immigration consequences). ♦ Padilla v. Kentucky and obligation of criminal defense attorney to advise noncitizen client about the deportation risks of a guilty plea. ♦ Issues related to immigration detention and removal proceedings flowing from client contact with the criminal justice system. ♦ Issues related to post-conviction and coram nobis matters for clients facing immigration consequences as a result of a criminal conviction.

Increase your firm’s profitability by maximizing the potential of your support staff The law office support staff can be the most underutilized aspect of a law practice. This program will focus on maximizing the potential of paralegals and legal assistants in your practice. From job descriptions, work assignments, training, professional development, billing, etc. there are multiple ways an attorney can improve the support staff’s contribution to a practice’s overall success. Maximizing support staff can result in increased productivity, increased profits, and increased client satisfaction. This program will give you the tips and tricks to maximize this potential profit base in the law office.

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Inside Community Mediation Unfiltered: Mediation Success Stories and Dramatic Re-enactments *All names (and some facts) have been changed to protect the innocent We will be re-enacting mediation success stories where our resolution process has produced powerful, astounding results. In community mediation, participants are free to talk about anything they wish to discuss regarding their conflict situation, and mediators facilitate the conversation to help adversaries come up with solutions that work for each/all parties. Whether you choose to refer your clients before, after, during, without a court case, or as a complement to the judicial process, or even for clients without a clear legal cause of action but who need help with an everyday conflict situation, we are a resource! We regularly receive referrals from lawyers, police, courts, schools and other agencies throughout the State of Maryland. Thanks in large part to our grant funding, we are able to provide our service at no cost to participants.

Lawyers Who Listen: Strategies for a Successful Mediation Lawyers believe that they are the best advocates for their clients, but how often are they really listening to their clients? When a contentious family law case is filed it is easy to get entrenched in a position and to continue that posture through court-ordered mediation. But mediation is a golden opportunity to hear the other side and to better understand your client. This session hopes to teach lawyers about the importance of listening in mediation and to offer strategies for a successful mediation in family law cases.

Leading Your Law Office: Tips on Effectively Managing an Office and Staff Most attorneys will agree: law school does not prepare graduates for the real world. This program will focus on how to effectively manage an office and staff, including how to hire staff and handle associated obstacles, how to effectively use your staff for maximum client service and profitability.

Legal Implications of Independent Contractor Status Independent-contractor status has become highly politicized due in part to the rapid growth of the gig economy. This politicization has resulted in aggressive government enforcement actions targeting companies that do business with independent contractors and a growing cottage industry of plaintiff attorneys bringing lawsuits alleging worker misclassification. The program will provide an overview of the different types of legal risks associated with independent-contractor status, the different tests courts apply to determine an individual’s status, and a heuristic method for quickly evaluating the defensibility or vulnerability of an independent-contractor relationship.

Legislative Update & Brief Focused Assessments In order to have a shorter, more concise, less expensive, issue specific evaluation, therapists are offering this option to parties. Specific issues include but are not limited to mental health functioning, substance abuse, parenting skills, child abuse risk, access resistance, relocation and others.

Local Opportunities in the Federal Infrastructure Bill The 2021 Infrastructure Investment and Jobs Act will bring billions of dollars of direct investment into Maryland. Where will that money go? How do your clients stand to benefit? What kind of litigation can we expect down the road? Attorneys Michelle Lipkowitz, Brandon Brauer, and Jordan Rosenfeld will run down what the new law means for Maryland, and how Maryland attorneys can position themselves and their clients to capitalize.

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M&A Transactions in the Government Contracting Industry: Overview and Practice Tips Buying or selling a company doing business with the federal government comes with unique issues not common in traditional M&A transactions. In this session, learn the ins of outs of M&A deals in the government contracting space, important legal considerations, as well as how to avoid, mitigate, and allocate the risks associated with these transactions.

Learning objectives include: 1. Common M&A structures and their impact on government contracting assets, registrations, and qualifications.

2. Novation of federal prime contracts under the Federal Acquisition Regulation.

3. U.S. Small Business Administration set-aside programs in the M&A context.

4. Protection of government data and IP rights.

5. Concerns related to security clearances, export controls, and FOCI. Managing a legal career and a contented life This program focuses on how to merge a rewarding career with a rewarding life. It will include discussions about developing a practice doing meaningful work, finding alternative working arrangements (such as part time employment), creating a work environment free of toxic personalities, carving out time for other passions, and other daily healthy routines. The program will include pragmatic advice based on over 35 years of legal experience and 60 years of life experience.

Managing Plaintiffs and their Expectations This program will discuss how you manage a client from the time they first contact your office through the end of the case. There will be a presentation of various systems and practices your firm should have in place to ensure your client receives regular touches and keeps informed about their case. Finally, there will be some discussion on key questions to discover red flags when retaining a potential client, retaining the client while still managing expectations and leveraging clients for more cases.

Maryland Public Information Act: Utilizing the MPIA Prior to Litigation This program will discuss the importance of utilizing the Maryland Public Information Act to investigate cases prior to and during litigation. The MPIA can be utilized to obtain body camera footage, street camera footage, and public documents including, but not limited to, repairs performed by government agencies to public spaces as well as blueprints and other documents which may be critical to investigating different claims. The MPIA can be utilized in a wide variety of cases and assist parties in obtaining additional information prior to filing suit and conducting discovery.

Maryland Water Pollution Control Laws and Waters of the United States under the federal Clean Water Act Discussion of the differences between the applicability of Maryland water pollution control laws and the federal Clean Water Act on agricultural operations.

The WOTUS Rule- an update on the definition of the “waters of the United States” (federal Clean Water Act regulations.

Maximizing Your Biggest Resource, Your Clients I would like to moderate a panel addressing some of the best ethical ways to properly educate and steer clients into making choices which maximize the strength and value of their cases. I envision the panel having seasoned attorneys who cover the specialties of family law, criminal defense, workers’ comp and PI. Each lawyer might speak for approximately 10 minutes on client management issues within his specific specialty and then we could open the floor to Q&A.

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Mental Health Issues in Litigation What is the interplay between mental health issues and litigation, generally? How do litigants’ unresolved mental health issues impact parties, counsel, and other stakeholders and prospective course of action once a mental health issue is identified in a matter? This program will explore counsels’ ethical obligations, how best to assess, identify, and manage mental health issues at the onset of litigation, as well as best practices, before, during and after trial.

Microaggressions: Toxicity in the Work Environment Issues of racial injustice are at the forefront of national and local discourse. Verbal comments and behavioral actions which target marginalized groups have a negative impact on individuals and workplaces. This session provides an understanding of implicit bias, explains its influence in our decision making processes, defines and identifies microaggressions and discusses behaviors that undermine individuals and teams. Participants will be prompted to think about their own actions, assumptions, behaviors and experiences. Participants will leave with greater insight and practical strategies to combat and untangle microaggressions.

My School Online Research Accounts Expired. Now What?

Law School research accounts are very generous. Unfortunately, that generosity stops after law school. This program introduces new, solo, and small firm practitioners to alternative research services including, but not limited to, public law libraries.

Navigating a Nest of Vipers - Protecting Older Clients from Abuse The Program presents several scenarios that begin with an ordinary estate planning, Medicaid planning, or other elder law representation when what appears to be some signs of elder abuse start to arise during the course of the attorney-client meeting. A facilitator/host would work with roll players playing the attorney, the client, and others to discuss scenarios with the audience to discuss options and best practices.

Navigating the Employment Law Jungle Gym of Hybrid Work As we continue to grapple with COVID-19 and its effects, hybrid work arrangements are becoming increasingly prevalent. Hybrid work raises different employment law issues and challenges than the more traditional forms of onsite or fully remote work. This session will guide employers on how to navigate the employment law jungle gym of hybrid work. It will include topics such as: determining applicable law; hiring laws; wage and hour issues; leave laws; pay equity laws; tax issues; performance management; countering bias; and workplace investigations.

Now Hold on a Minute – There Are Laws that Apply to Crypto?: Current State of the Law Governing Cryptocurrency and Other Digital Assets Cryptocurrencies like Bitcoin are all the rage, a current “hot” topic among adherents, investors, regulators, and governments, with some jurisdictions banning them altogether while others take steps to promote their use and encourage the investment that can go with them. The regulatory structure surrounding cryptocurrencies and other digital assets, however, can be confusing and uncertain. Are they securities? Commodities? Money? All three? Do you have to pay taxes in connection with the receipt, holding, or selling of digital assets, and if so, how? Join us for a discussion on the current state of the regulatory environment with respect to digital assets and where it might be heading.

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On the Legal Crossroads: The intersection between Transactional and Litigation Practice Please join Shaunte’ Preer, Esq. of Preer Law, P.C., and Eddie Harrell, Esq. of The Harrell Group, as they discuss the intersection of transactional and litigation practice. Using real-world examples from their commercial practices, Shaunte’ and Eddie will teach participants how to foresee the problem transactional documents that often end up in litigation and discuss the litigation outcomes that will help you draft your next document to limit client liability exposure. Each presenter will provide in depth analysis on their area expertise, entertainment law and business law respectively.

Parenting Coordination: How Maryland Rule 9-205.2 can Reduce Family Case Loads Maryland adopted Rule 9-205.2 in July 2011. After more than a decade, Maryland Courts have barely tapped the potential of utilizing the Parenting Coordination process to reduce conflict for children, and reduce case loads. Learn how Parenting Coordination can resolve cases pending trial, with Prejudgment Appointment Orders, and assist the trier of fact in reaching better informed custody rulings.

Pass the SALT: PTE Workarounds The Tax Cuts and Jobs Act (TCJA) capped the SALT deduction for individuals at $10,000.

The limitation applied to any SALT liability, including tax on income received from a partnership or S corporation. In response, states have enacted laws designed to provide individuals with SALT deductions allowing them to bypass the limitation.

Podcasts and the Law. Reaching the public.

I have been doing a legal podcast since 2017 through Howard County Community College called Everyday Law. I have done about 100 broadcasts and have cast a wide net in garnering guests including Judges from every level of the Maryland court system through Attorney General Frosh, Treasurer, Kopp and Comptroller Franchot.

I have also done multiple shows interviewing “true crime” television attorneys such as Making A Murderer’s Jerry Buting and The Case Against Adnan Syed’s Justin Brown. My recent emphasis has been on pro bono lawyering with Reena Shah, Sharon Goldsmith and Susan Francis.

Any lawyer can do a podcast and reach members of the public in a manner that makes the law and its practitioners more accessible.

Preparing your client for an effective mediation in person or remotely using Zoom I often serve as a Court-appointed mediator and deal with too many cases in which a party has not been well prepared by counsel. Even big ticket private mediations occasionally suffer from a lack of good client preparation. I will offer many practical approaches to ensure your client understands and is comfortable with the dynamics of mediation conferences and how to communicate effectively with the mediator.

In addition, I will discuss different considerations in mediation conferences conducted in person compared to sessions conducted remotely using Zoom or other online video platform. By emphasizing practical points, I hope to generate many audience questions and comments.

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Primer on Copyright Copyright is pushing to the forefront of intellectual property and impacts every business that uses the internet and/or print media. Business and their counsel need to understand the risk/rewards of copyright and the basics on how to handle adverse claims. Mr. Marbury has two decades experience with intellectual property and intellectual property litigation at some of the largest law firms in the world and has, for the last 5 years, been assisting with the drafting of ALI’s Restatement of the Law, Copyright. His presentation will provide a background on copyright law and practice tips for handling claims.

Process Maps for Successful Mediation - keeping out of the weeds This program addresses the area of Alternative Dispute Resolution and Mediation.

The mediation process can take many twists and turns. Navigating that process can be complex and requires skill and expertise. One helpful tool is to consider using a process map based on group psychology and change management models. Some useful models come from the areas of corporate leadership and development of high-performance work teams. Based on 40-years of experience working with corporate leaders around the world on achieving outcomes similar to those of ADR, several process models will be shared that have been useful in my mediation practice. They include: 1.

2.

3.

4.

5.

The power of curiosity and observation The ladder of inference Misunderstanding and missed understanding John Adair’s Action Centered Model Bail’s team development model

Although these models have their roots in corporate leadership and change management, they can prove very useful in helping manage the ADR process. Each will be described, and examples will be provided. This session will be interactive and will use several videos. The outcome of the program will be to provide attendees with several conceptual ADR process models that go beyond the typical ADR training content.

Steve Forrer, Ph.D. is an approved mediator in Maryland. He is on several Maryland Circuit Court Mediation Rosters as well as the Maryland District Court Pre-trail and Day of Trail programs. Steve was Dean and Vice Chancellor of University of Maryland Global Campus, where he acted as chief academic and administrative officer for all credit and non-credit programs worldwide. Steve has B.A. from Gettysburg College, M.A. and Ph.D. in counseling psychology from the University of Maryland, College Park and M.B.A. from George Washington University.

Protecting Yourself When Providing Limited Scope Representation The Speakers, Todd Scott and Kirsten Waters of Minnesota Lawyers’ Mutual, will provide a professional practice insurer’s perspective and Lydia E. Lawless, Esq., Bar Counsel, Attorney Grievance Commission, Maryland, will provide a Bar Counsel’s perspective on Limited Scope Representation (also known as limited scope or discrete task representation). The presentation will help lawyers to identify ethical and professional “mines” and to avoid professional liability issues when providing unbundled legal services or limited scope representation Quiet Title Action: When they are necessary and how to avoid them.

This presentation will delve into the many problems that a quiet title action can resolve.

The discussion will also include solutions to the many problems without having to litigate. The quiet title action can be the solution to many problems, but litigation is often avoidable with a little forethought and insight.

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Ready Lawyer One?: IP in the age of the Metaverse The term metaverse seems to be everywhere today. What does it mean and how will it affect both the legal and the real world? Does IP law matter? This program will seek to introduce and define the “metaverse” for today’s IP environment while addressing related emerging legal issues. As a part of this exploration, we will examine not only the issues most prevalent today but how courts have handled virtual reality and similar issues over the most recent decades. The “metaverse” presents a challenge in both the real world in terms of control of parts of the emerging metaverse as well as challenges in the virtual environment. Brands will face a variety of challenges while creators will need to defend their rights in both the virtual and physical realms.

Redistricting 2022: Latest Developments on Election Litigation and Legislation In a congressional election year, as many states finalize their electoral maps, the topic of legislative districts is on everyone’s mind. The Administrative Law Section, in collaboration with the Litigation Section’s Appellate Practice Committee, will put on this program to explore the latest developments in Maryland election law, including key redistricting litigation. Topics will include the Supreme Court’s decision upholding Maryland’s legislative map in Benisek v. Lamone, an overview of redistricting challenges currently pending in Maryland courts, and recent legislative developments.

Reimagining the Pro Bono Experience: Utilizing changes in technology to reduce barriers for pro bono volunteers and increase access to justice for low income Marylanders.

Recent advancements in technology forced the legal profession to reimagine client interaction. While many low income Marylanders have lacked adequate access to technology, legal services providers adapted processes and outreach efforts to better connect clients with legal resources. This presentation explores innovative volunteer models and technologies developed by Maryland Legal Aid aimed at providing new and exciting volunteer opportunities better linking clients with the pro bono resources necessary for adequate access to justice.

Roundtable: Hot Topics in Consumer Law The latest updates and trends in the hottest areas of consumer law: debt collection, credit reporting, landlord tenant, student loans presented by a panel of experts from Plaintiff and Defense bar. Moderated by Peter Holland, former Director of Consumer Protection Clinic at U of MD Law Rucksack for Representing Veterans and Military The above Program is designed to guide the average attorney through the maze of issues that can be encountered when representing a Veteran or member of the Military. The Section has already obtain “Rucksack” bags which it intends to fill with printed materials, checklists and booklets which cover the gamut of issues that need to be considered and addressed when representing a Veteran or Military Person. Although these materials will be extensive and are meant to be reference guide for our fellow MSBA members we will have a Panel of experts for further edification. The Panelist will cover topics regarding the use and operation of Veterans’Courts; the issues and pitfalls representing Military, exMilitary, and Military spouses in divorce as well as other family matters and estate problems; USERA, Veterans Preferences and other employment concerns; Discharge upgrades for prior military including obtaining disability and medical benefits; the preservation of Security Clearances. These topics will be discussed by our distinguished panel of Attorneys as well as the view from the Bench.

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Rule 30(b)(6) Depositions: Myth Busting Two experienced practitioners will present an overview of best practices for preparing for, taking, and defending depositions of corporate designees under Fed. Rule of Civ. Proc.

30(b)(6) and Md. Rule 2-412. Program also will bust common myths that lead practitioners astray in this tricky area of practice.

Supreme Court Term in Review A panel of Supreme Court experts will summarize the Court’s October Term 2021 decisions and preview forthcoming decisions. Anticipated topics will include abortion, vaccination, and criminal procedure. The panel, to be announced, will be a mix of practitioners, professors, and journalists.

Takeaways from the 2022 General Assembly Session Depending upon the Section(s) sponsoring the program, information about bills passed in the 2022 Session that will be of interest to the Section members will be discussed.

We can also discuss the new legislative district lines and what they might mean in terms of the fall elections. I’ll recruit one or more additional lawyer-legislators to assist with the presentation.

Tech Tips Speedround - 30 Tips in 60 Minutes Happy to adjust title suitably - 30 tech tips in 60 minutes for busy lawyers. Emphasis on what will help solos and small firm attorneys. I was privileged to present on this topic in 2012 to the Annual Meeting, and I’d enjoy another crack at it with next generation tools and tech. It would be high energy to get people pumped up, which is probably good at any timeslot in the program. While it would not be identical to the 2012 program on point, that would be my rough starting point.

The Affordable Law Task Force: Strategies for providing affordable legal services to moderate-income Marylanders Many access to justice efforts rightfully focus on providing free legal services to the most vulnerable among us. However, there are many Marylanders who face legal issues and need legal help, yet fall above the income threshold to qualify for free legal services.

The Maryland State Bar Association and the Maryland Access to Justice Commission have launched an Affordable Law Task Force to identify solutions to address this gaping need. The Task Force is focusing its efforts on surveying the national and international landscape for best practices and innovations to help Marylanders of modest means; analyzing the viability for adoption in Maryland; and making recommendations on how the state and local bars can incorporate efforts to meet the access to justice needs of modest means Marylanders.

Featuring Maryland and national leaders, this session will discuss the findings of the Affordable Law Task force so far as well as potential strategies and solutions for the future.

The Changing Face of Landlord & Tenant in a Post-Pandemic World Changes in the law and new programs that have changed the landlord and tenant landscape in a post pandemic world

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The Client Attraction System: How to Get a Steady Stream of 5 Star Clients to Your Law Firm Great clients are the lifeblood of all law firms, but many lawyers are not prepared for client development. Lawyers know that they must generate new business for their firms but their current approach doesn’t deliver a steady stream of clients (and that leaves them struggling in their practice). This program teaches lawyers how to attract a steady stream of great clients using both online and off-line techniques. When used consistently, my 5 Step Client Attraction System will generate a steady stream of 5 star clients (which results in steady cash flow too).

The Current Landscape of ADR: Programs, Practices and Trends The session, the Current Landscape of ADR: Programs, Practices and Trends features speakers from academia, the judiciary and the bar and who will briefly review the recommendations from the previous statewide ADR research symposium and highlight practices and trends since, including: On-Line Dispute Resolution (ODR); the growth of collaborative law and a discussion of a model of collaborative law that is particularly affordable for clients; updates on court practices and program; discussion of the new ADR rules; and a review of recent legislation containing ADR provisions. Resources from the presentation will be distributed, with brief explanation, to attendees.

The Discovery Process This program will cover legal procedures routinely used by litigators in the discovery process, particularly when representing businesses. It will cover handling documents when responding to document requests or when a non-party responds to a subpoena, protecting privileged and confidential information, motions for protective order, ESI, corporate representative depositions and more.

The Enjoyment of Practicing Law Learn practical tips for finding a practice area and a practice setting that may allow you to be successful and to love what you do. What areas interest you or ignite your passion or take you where you want to go? What practice setting fits best with your practice area, your personal circumstances, or your passion or dream? What sorts of practical things can you do to put you on the trajectory toward a successful practice in an area that gets you up in the morning to go to work? We’ll explore ways to find your direction or your redirection for success and satisfaction in what you do as a lawyer.

The Impact of Workers’ Compensation Benefits on First and Third Party Claims When an individual sustains an injury arising out of and in the course of employment, multiple potential claims may be possible to pursue. This seminar will discuss the interplay and relationship between the payment of workers’ compensation benefits and separate first and third-party claims. The panelist will be a claimant’s attorney, an insurance defense attorney, and a subrogation adjuster to discuss how each approaches maximizing the recovery for each’s client.

The Rise of Animal Law: Tame to Wild In progress: A program to discuss current trends in animal law, including how domestic wildlife trafficking legislation curbs terrorism and zoonotic disease transmission, Maryland’s recent strides in protection for service animals, and how animals are an asset on the pathway to equal justice.

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The State of the Confrontation Clause in 2022 This program will provide an up-to-date summary of the Sixth Amendment confrontation right in Maryland courts, and a description of how we got here. Since the Supreme Court’s landmark 2004 decision in Crawford v. Washington, courts have struggled with how to apply the Confrontation Clause to modern forensic evidence, culminating in the Court of Appeals’ decision, last term, to abandon the Supreme Court’s fractious caselaw, and decide the question under Maryland state constitutional grounds. Topics will include an overview of key Confrontation Clause cases, a focus on Maryland-specific holdings, and practice tips.

The Surfside Condo Collapse: Lessons for Maryland The presentation will be explore a myriad of issues involving the legal aspects of condominium regimes and the liabilities inherent in structural integrity and damage.

Some of the focus will be on Maryland’s laws and regulations surrounding this topic along with engineering perspectives and insurance issues. The presenters currently chosen are John E. Tsikerdanos, Esquire, from Nagle & Zaller, P.C. and James W. Anderson, PE, Principal at Becht Engineering BT, Inc. The Use of Drones by Private, Third-Party Operators to View or Document Agricultural Operations, Activities, or General Conditions Existing on Real Property Owned by Others Discussion of caselaw as well as Maryland and federal regulations applicable to the use of drones by private parties and the privacy and property rights of others engaging in various activities on their own property in areas not readily visible from adjacent land or public throughways.

Trade Secrets: What’s Fair Game in the Employment Relationship?

This panel will present an overview of Maryland’s Uniform Trade Secret Act. It will go through practical considerations for employers in protecting the “secret sauce” of their businesses, while providing a road map to address common issues in litigation regarding trade secrets. The panel will present hypothetical trade secret breaches, will mock the arguments and the process to get before a judge for quick resolution, and will ask the audience to put on their best judicial robes to resolve the case.

Understanding the Commission on Judicial Disabilities This program will explore the judicial discipline process and the rules governing that process. We will provide a comprehensive understanding of the function and work of the Commission on Judicial Disabilities, the Judicial Inquiry Board, Executive Counsel, and Investigative Counsel. We will also discuss national and local trends as well as issues related to judicial conduct cases.

Understanding the State Department of Assessments and Taxation (SDAT) Real Property Assessment Real property prices have increased sharply, and will likely continue to do so for some months as of this writing. (January 19, 2022). Many assessment appeals are no doubt in the pipeline, or soon will be. Attorneys assisting their clients in pursuing their appeals need to understand the basics of how SDAT functions. Some SDAT procedures are not documented but understanding them is essential. William Poole, Ph.D. Univ of Chicago 1966, President and CEO, Federal Reserve Bank of St. Louis, 1998-2008.

Uses of Special Needs Trusts in Law This program will give a quick overview of the types of special needs trusts, why they are needed and how they work. We will then discuss the uses of special needs trusts in different areas of law including estate planning, elder and disability law, workers compensation, litigation and family law.

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VERSION 5:

Published May 24, 2022

Register today at

MSBA.ORG/LEGALSUMMIT

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