OBA Newsletter Fall 2017

Newsletter

Omaha Bar Association

Vol. XXXXII No. 3 AUGUST 2017

Community Service Education Leadership | Stronger Together Since 1889

INSIDE

Champions Among Us

Page 2…President’s Message Page 3…OBA Memorial Day Page 4…Executive Director’s Column Page 5…Moves & Milestones Page 7…Member Referral Rewards Page 8…Lawyers in the City info Page 9…Memorial Day Pages 10 & 11…Field Day Pages 12 & 13…Champions Among Us Page 14…New OBA Leaders Page 15…Presidents Reception Pages 16 & 17…Civil Verdicts Page 18…NePA report Page 19…OLPA Report Page 20…Summer Intern; CLE at NSBA

Annual Meeting Page 21…Strom/Riley Retirement Dinner Page 22 & 23…May & July CLEs

Definition of “Champion”:

N. A person who fights or argues for a cause or on behalf of someone else; V. support the cause of; defend.

The Omaha Bar Association sees so many champions among us; so many attorneys championing causes, cases and activities worth their time and efforts.

So, we are committed to pursuing a campaign to promote our legal community as filled with champions who deserve the appreciation of the community.

and twitter!

For stories of some of our champions, see pages 11-13.

omahabarassociation.com

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President’s Message

Dear Colleagues, I won’t waste your time telling you here how thrilled I am to represent your interests this year as part of the OBA leadership. Duh. Of course I am excited and pumped up with some cool new ideas.

Nor will I waste your time telling you that this year we have some interesting meetings, fun parties, and revelatory field trips planned for you. Duh and Duh. Of course the Executive Team is great at serving our needs in more creative ways every year.

And I won’t waste your time telling you that being a lawyer seems harder now – because of course you know that too – and the OBA is here to help us collectively navigate this challenging profession. That would be a “Triple Duh,” along with a few extra points for sticking the difficult landing.

But I will tell you this: Being a member of the OBA is the best return on your buck you can possibly get as a lawyer. Here’s how, and then pass it along.

• Your OBA membership allows you to attend our annual 2 hour ethics CLE for free. Yes, it’s FREE. Additionally, we provide CLE throughout the year at an average cost of $13 per credit hour. Your OBA membership gives you access to more inexpensive CLEs than the cost of those CLEs that you have to pay for online and which you need to retain your bar license.

So by joining the OBA you will actually save money.

• OBA members will assist you in your law practice. Yes, it’s TRUE. Seasoned and experienced mentors who have practiced for a long time are willing to answer your calls and dish out advice for FREE. Our mentoring program is like having a bunch of legal warriors right down your hall to help you work through any sticky legal matter – but not really there to cost you overhead, drink your coffee, and bark at you. You get the best of both worlds and the worst of neither.

• Your OBA membership allows you to join our Lawyer Referral Program, which is a great way to get business.

• Your OBA membership is a fantastic way to create a personal connection with other lawyers. Do not underestimate this soft benefit. Coming to the

meetings, serving on a committee, hanging out afterwards for a second drink – all these activities allow you to cultivate the right relationships over time which you will need in order to really thrive as a legal practitioner. Extending professional courtesies can be difficult if you don’t know the other lawyer. But forging a personal connection with lawyers who are or may be your opponents will increase your ability to negotiate with them when you need to get a deal done, a complex favor granted, or an extension on a due date. This, in turn, will give your clients better results.

•Your OBA membership is a great way to generate new business and to build a referral source. Many of my referral clients have come from OBA lawyers who I have met through the years. Again, don’t underestimate the power of this soft benefit. I, too, have referred clients with whom I have a conflict to a great number of OBA friends. It’s not a secret; it’s what we do.

• You can build a vaunted legal reputation faster within the Omaha community by meeting lawyers and judges who are also members. OBA meetings are the easiest way to get to know other members of your profession – and judges too. This year we are developing a podcast.

Do you want to contribute and speak on any areas of expertise? Join the OBA!!

• And finally, we are a community. No one really understands what we do, how we do it, the inordinate amount of time we spend doing it, the intellectual pursuit, the emotional investment, the stress, the joy, and yes, sometimes the grinding minutiae. But we do.

We get it. So for a measly $165 or $80 (depending on years in practice) you get a fantastic support system; a soft shoulder to cry on and a hard one to commiserate.

That alone is the best bang for your buck.

So the final “Duh” is this: If you invest in your legal community, we will collectively invest in you. This huge return on investment will far exceed OBA’s small annual fee.

We will see you all at the next meeting.

Fondly,

Anne Marie O’Brien

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OBA Memorial Day

Each May the OBA holds a memorial ceremony to honor all the members who have died in the past year. Attorney Tom Grennan (center) gave the address this year. The Omaha Barristers Club assists in the service each year.

If you are aware of anyone within the Nebraska legal community (lawyers, law office personnel, judges, courthouse employees or law students) who suffers a sudden, catastrophic loss due to an unexpected event, illness or injury, the NSBA’s SOLACE Program can likely assist that person in some meaningful way.

Contact Mike Kinney at mkinney@ctagd.com and/or Liz Neeley at lneeley@nebar.com.

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Executive Director’s Column The theme of this edition of the OBA Newsletter, titled respects. Past OBA President Tom Grennan gave the remarks, “Champions Among Us”, was chosen to highlight what and his words were moving. If you’d like to read his speech, it many attorneys know but tends to get overlooked: the legal can be found on the OBA’s website. profession is made up champions. We’re not talking about champions in the sense Late May and early June was quiet of “there can only be one of OBA events this year, because champion” and “we’re number Champions Run gave us July 24th as one.” Instead, we will look at the Field Day date. It wasn’t quiet for those among us who have all the OBA, however. On May 27th, (1) championed the cases Hannah Wooldridge (now Hannah for those who had nowhere Sommers) and I made it official, and else to go, (2) championed were married in a small civil ceremony for better and fairer laws, (3) in Dallas, TX. In addition to family championed for the legal and friends from around the country community in Omaha to be the in attendance, we were fortunate to best it could possibly be, and, have a dozen close friends who are (4) championed causes in the also OBA members on hand. It was community worth standing for basically an OBA event, with all the and committing ones time too.

Omaha attorneys on hand!

By the end of our examination, I hope it becomes clear that we Thank you to Hon. Mike Coffey for are surrounded by “champions”, Dave Sommers and Hannah Wooldridge are officially Mr. his continued chairmanship of the and Mrs. Sommers after their wedding in Texas inMay. that we should be proud of a OBA Field Day this year, and to Aaron profession with so many doing Weiner for his organizing of the tennis so much good, and also that there is plenty of championing left tournament. Thank you as well to Jerry Friedrichsen for to do. organizing the hole in one contest, and to our event sponsors Union Bank and Trust (John Borghoff and John Atkins) and Longtime readers of the Newsletter will notice that this 3rd the Dornan Law Team (Stu Dornan). Thank you to all the help from the Omaha Legal Professionals Association on check-in newsletter of the year comes at an earlier date that usual. In duty: Jean Roeder, Sheila Benson (drove in all the way from an effort to space out the editions more evenly through the Holdridge for the day!), Sherry Mitchell and Mary Easley. year, we are moving up the “September edition” to August, Thank you so much! On a somber note, the OBA lost longtime “December edition” to November, and the “March edition” to Field Day trap shoot organizer Bill Stockdale this last year, and February. The Law Day newsletter will continue to be delivered the shoot was furloughed for 2017. just prior to the May 1st event.

Since our last newsletter the Young Lawyers Division has been busy putting on solid, inexpensive “Just the Basics” CLEs for all attorneys. They’ve been a hit, and I think we may add some more in the fall. A special thank you to Ken Wentz of Jackson Lewis for presenting on Employment Law, Angela Lennon (Koenig Dunne) and Hannah Sommers (Slowiaczek Albers) for discussing Divorce and Family Law, and to Patrick Patino (Koenig Dunne) for presenting on Bankruptcy Law on August 16.

Every May, the OBA holds one of our more important gatherings of the year – a Memorial Service at the Douglas County Legislative Chambers. Many great attorneys were lost this last year, and were honored at the service. Thank you to the Memorial Service Committee Members Bob Mooney, Tom Shomaker, Bill Birkel, Stacy Morris, Hon. Steve Swartz, Hon. Todd Hutton, Nancy Svoboda, Jeanne Burke, Matt Lathrop, and Committee Chair Mike Scahill for all their work to put on the service. Thank you also to Patrick McNamara and the Barristers Club for being the ushers at the Service. Thank you to all the members of the judiciary who came out to pay their

I’m excited to announce that Will Acosta-Trejo and Dick Lydick have agreed to co-chair the Membership Committee.

As co-chairs, Will and Dick will be reaching out to current OBA members, lapsed members, and potential members, to listen to what it is that attorneys want from their OBA membership, and to recruit even more into the fold. Thanks for stepping up, gentlemen!

Finally, I’m excited to welcome in our newly-elected OBA leadership for the 2017-2018 year. Patrick Cooper is the President-Elect of the OBA, Joe Naatz is our TreasurerElect, and Brandie Fowler is our Secretary. Jon Natvig and Jason Grams round out our leadership as Executive Council Members. And with Anne Marie O’Brien at the helm for this year, I can’t wait to see all we do in the next 12 months!

Thank you for all that you do for our legal community. To me, you are all champions.

Dave Sommers

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ON THE MOVE

MILESTONES

Michael D. Sands, Kim Lammers, and Thomas S. Dean to Baird Holm; Thomas J. Gross to Sodoro Daly; Hennesy & Roach announces Stephen P. Murray, Patrick J. Mack, and Carrie K. Gaines to their Omaha office; Smith Slusky welcomes to Wayne S. Rasmussen; Shannon Simpson has opened Simpson Legal Group in Council Bluffs; Aimee Lowe to Vandenack Weaver; Lamson Dugan and Murray welcomes Eric Tiritilli to the firm; Jackson Lewis’s Omaha office adds Amanda Fray to the firm; Christina Thorton to Vandenbosch & Reed; Chris Santora has joined Inkelaar Law; Emily Milewski to Dvorak Law Group; Adam Astley and Kathryn Putnam have opened Astley Putnam Law Office; Brandie Fowler to Schirber & Wagner; Vic LaPuma has joined the Dornan Law Team; Hal Daub, Steve Grasz, Ben Nelson, and Tim Gay to join Husch Blackwell’s newly formed Government Solutions Team; Kutak Rock welcomes Megan Shirk and Stephen Schutz to the firm; Chris Jerram has joined Woodke & Gibbons; Joel Carney announces his move to Goosmann Law Firm’s Omaha Office; Cline Williams welcomes Daniel Oldenburg to the firm; Allison Hardy is moving to NorthStar Financial; Woods & Aitken welcomes Angela Forss Schmit; and Jessica Thomas joins Pansing Hogan.

Slowiaczek Albers congratulates partner Hannah Sommers on being named a Rising Star in the Great Plains SuperLawyers and announce Virginia Albers has been named “Lawyer of the Year” for Family Law in Omaha by “Best Lawyers;” Gross & Welch congratulates Adam J. Wachal on being elected Director; Chad Richter has been named Omaha Office Managing Principal for Jackson Lewis; Erickson Sederstrom announces that Daniel I. Dittman has been promoted to Shareholder; and Susan Sapp has been inducted as fellow into the American College of Trial Lawyers.

OBA Members

The OBA Lawyer Referral Service is seeking additional attorneys in the following practice areas: Federal Worker’s Compensation Federal and General Employment Law School Law Municipal Law Administrative Law Foreclosure Veterans Affairs Please call Donna at (402)280-3606 for more details.

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Law Day 2017:

The 14 Amendment Transforming American Democracy

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FIELD DAY WINNERS 2017 Here are the results from 2017 OBA Field Day at Champions Run. Thank you to all who made it out. It was a perfect day to be outside instead of at work!

Tennis

Singles Champion – Joe Bradley Doubles Champions – Allison Hardy and Dave Sommers

Golf Scramble Format:

First Place, First Flight – Andy Wilson, JJ Puk, Joel Carney, Tyler Block (58) Winners of the traveling trophy, a champion’s belt (a la boxing/wrestling belts) Second Place, First Flight – Steve Hogan, Brandon Crainer, Neil Hassler, Rob Wilkie (59)

Third Place, First Flight – Matt Reilly, Andy Huettner, Pat Guinan, Bill Foley (59) No Place, No Prize, But Wanted Everyone to Know How Well They Did, First Flight – Hon. Mike Coffey, Jim Jansen, Dick Lydick, Hon. Ron Reagan (60)

First Place, Second Flight – John Hascall, Adam Astley, Sean Conway, Patrick Runge (68)

Second Place, Second Flight – Jeremy Elliott, Michael Khalili, Josh Yambor, Geoff Thomas (68)

Third Place, Second Flight – Stacy Morris, Adam Feeney, Spencer Murphy, Brian Brislen (69)

Last Place, All Flights (Of those who turned in a scorecard) – Hon. Marci Keim, Hon. Larry Barrett, Hon. Stephanie Hansen, Ron Murtaugh (74)

Winners of the “Jacket of Shame” which must be worn by a designated team member to the OBA Fall Kickoff BBQ September 7.

Modeled below by Sheila Benson.

Play-Your-Own-Ball Format:

As I mentioned at the dinner, there are a few lawyer golf Low Net Individual – Dave upcoming tournaments I want to make Welch (89/69) you aware of, in case you can

make it out: Low Gross Individual – Mark Peterson (81/73) Friday, September 1

Platteview CC Pin Prizes Sarpy County Bar Hole 1, Longest Putt: Tournament Bill Foley 1PM shotgun.

Hole 2, Closest in 3: Email Greg Pivovar at Dave Newman gpiv@cox.net for more Hole 3, Closest in 1: information Steve Hogan

Hole 4, Closest in 2: Matt Reilly Friday, September 15 Hole 5, Closests from off the Tiburon Golf Course Green: Rob Wilkie Legal Aid of Nebraska Golf Hole 6, Longest Drive on the Scramble Fairway: Andy Huettner Information and Hole 7, Longest Putt (Ladies): tickets at http://www.

Angela Wilson legalaidofnebraska.org/golf/ Hole 8, Closest in 1:

John Menicucci Friday, June 1, 2018 Hole 9, Closest in 2: Dismal River Club Pat Guinan NSBA/NLF Annual Golf Hole 10, Closest in 3: Tournament Joel Feistner Contact Sam Clinch at Hole 11, Longest Putt: sclinch@nebar.com for Josh Yambor more info.

Hole 12, Closest in 1: Ken Smith The date for next year’s OBA Hole 13, Longest Drive in Field Day is penciled in rd the Fairway (Ladies): for July 23 , but subject to Hon. Stephanie Hansen change if Champions has a Hole 14, Closest in 2: better date that comes free.

Brandon Crainer Hole 15, Closest in 2: Thanks again for all those Joel Carney who came out. We hope Hole 16, Closest in 1: you had fun. See you at next Terry Anderson year’s OBA Field Day! Hole 17, Longest Putt (Ladies): Jordan Hasan Dave Hole 18, Longest Drive in the Fairway: Chris Wilcox

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FIELD DAY 2017

The annual OBA Field Day activities returned to Champions Run in July and participants were rewarded with a picture-perfect day. Everyone enjoyed spending time outdoors, playing tennis or golf, then relaxing on the deck before dinner. This was the first year for the awarding of the Championship Belt (see above), a traveling trophy. We hope to see you next year!

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Changing the Script: Lawyers as Champions On ABC’s Battle of the Network Stars this summer, acclaimed MMA fighter Ronda Rousey was coaching a team of “TV Lawyers,” made up of actors portraying attorneys on television series such as Law and Order. In her pep talk to her team, Rousey stated matter of factly, “We know everyone hates lawyers.” No more than two minutes later, NFL star Demarcus Ware repeated that sentence word for word.

Hold up. Timeout. Penalty on the field.

Defamation of the legal profession.

Rousey and Ware’s statements paint attorneys in a horrible light, and follow similar unfair statements and jokes hurled at lawyers and the profession quite often. Why is this the case?

Simply put, much more newspaper ink, website bandwidth, and television time are given to stories that paint attorneys in a negative light than stories about attorneys as agents of good, crusaders for what is right, defenders of peoples’ rights.

Changing the Terms In politics, there is an often-used and successful strategy: control the terms of the dialogue and you have a much better chance of winning people to your position. Rather than allowing the other side to use disparaging terms to describe a position, change the terms to ones in your favor. I think that concept can be used in the conversation of the legal profession, it’s practitioners, and the work we do. Control the terms used in the dialogue about attorneys and the legal profession, and we’ll have a better chance of improving public perception of the lawyers and the legal system.

In their legal practices, attorneys regularly change the terms of a conversation. As advocates for clients, they make sure to promote their stated position as the one that should be taken up by a judge or jury. Persuasiveness

is second nature for us in many ways.

And when it comes to defending the profession and those in it as good people doing good works, there is a plethora of examples of lawyers doing amazing things to help people and society every day.

Attorneys as ‘Champions’ A quick look around the local legal community shows a just how many champions we have in our ranks. To be clear, we aren’t using the term champion to mean “a person who has defeated or surpassed all rivals in a competition.” Rather, we are using the second champion definition, “a person who fights or argues for a cause or on behalf of someone else” and the verb definition, “support the cause of; defend.”

The Omaha Bar Association sees so many champions among us, so many attorneys championing things and causes worth their efforts. The OBA is committed to pursuing a campaign to promote attorneys and the legal community as filled with champions that the community in general should be proud and appreciative of.

As a first effort in this ongoing effort redefining the terms surrounding the legal profession, the OBA solicited names and stories from our members about a few of the Champions among us. Those that follow are just the first batch of submissions received. Plenty more to follow.

Rob Black

Rob Black is a champion because he has taken time from his life and from his family in order to dedicate himself to continued service to his country. Rob is

a Member of the National Guard and although this is voluntary career choice, the sacrifice of time in order to continue his service should be recognized.

Each year, Rob will be required to be away from his family and miss many milestones and important events in order to answer the nation’s call.

Robs dedication to his profession as a lawyer helps service members navigate through various legal minefields and is a counted on resource for his command.

Rob is a consummate professional and is constantly championing on behalf of service members and serves as a constant reminder that all people should be treated equally under the law.

Bonnie Dee Durham Dawson

Bonnie was a champion for gender equality in the workplace, serving as the first woman public prosecutor in Nebraska, working for the Omaha City Attorney’s office from 1977 to 1982.

At age 60, Bonnie joined the Peace Corps, and championed the education of underprivileged children in postSoviet Poland. Bonnie passed away in March of this year.

Bob Freeman

Bob has been a champion for the Tri-Faith Initiative in Omaha. Bob is a founding Member of the Initiative, and chairman of the board of directors from 2005-2015. The Initiative is the first of its kind in the country—working to build a Jewish temple, Islamic center, and Episcopalian church all on one property and connected by walkways that meet at a tri-faith center meant to encourage education and understanding.

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Meet More Champions…

Hon. Lyle Strom

legal advice, but cannot afford to hire an attorney to review their matter.

The online resource effectively assists dozens of individuals every day.

Judge Strom is a champion of mock trial competitions by high school students, but in Nebraska and nationwide.

For 30 years, he’s been intimately involved in organizing and running the Nebraska Mock Trial Program, and for 20 years, he’s participated in the National Mock Trial Program. In guiding and supporting thousands of high schoolers through mock trial, Judge Strom has inspired future attorneys, and given a constructive outlet for pursuing excellence outside the classroom.

Stu is a champion for those without a home, both in his work with Lutheran Family Services, and as an adoptive parent to 5 children from other parts of the world. Stu is a former Board member and President of Lutheran Family Services of Nebraska, and he and with wife Dari have also served as family sponsors for refugee families relocating to Omaha.

Bill Biggs

Alan Stoler

Bill is a champion of service to the public through the Lions Club organization. A Lion since 1962, Bill reached the pinnacle of the organization, serving as President of Lions Club International in 1990-1991.

Bill has worked closely with the Lion’s SightFirst Program, which since 1990 has been able to help 30 million people have improved or restored vision.

Muirne Heaney

Muirne is a champion for those who cannot afford an attorney for civil legal issues they are having. As an attorney at Legal Aid of Nebraska since 2001, Muirne has helped expanded Legal Aid’s service of underserved and unserved populations within Nebraska. Just recently Muirne helped devise an online resource for apartment tenants looking for instant

Stu Dornan

Alan has been a champion for many “underdog” cases over the years, including an almost t wo-decade-long push against the 100-to-1 disparity in lengths of sentences for people convicted of dealing crack cocaine versus powder cocaine, eventually ending with Congress taking heed of U.S. Supreme Court rulings and stripped the term “mandatory” from federal sentencing guidelines.

Alan took on a case of a young client who had received an improper and unnecessarily punitive extra 3 years on his sentence, arguing it all the way to the Supreme Court of the United States…and won, getting the sentence overturned. Alan also sued several Nebraska school districts that refused to sanction girls’ softball as a sport, helping to open the door for hundreds of young women to compete in the sport around the state.

Ross Pesek

Ross has been a champion for “Dreamers”, young immigrants who have Deferred Action for Childhood Arrival (DACA) immigration status in the Omaha area. Ross has personally helped over 200 people obtain DACA status, and through his True Potential Scholarship Program, has awarded over 50 full one year scholarships to Dreamers attending post-secondary educational institutions.

Ed Warin

Ed was a champion for Georgetown University in the state of Nebraska.

As the longtime Nebraska Chair of the Georgetown Alumni Admissions Interview Program, Ed interviewed hundreds of applicants to his law school alma mater, championing and encouraging area top high school students to matriculate to D.C. for their undergraduate education. Ed passed in 2017.

Jean McNeil

Jean has been a champion for those who cannot afford legal representation, working for 14 years as director of the Nebraska State Bar Association’s Volunteer Lawyers Project, coordinating over 700 attorneys volunteering thousands of hours of their time, helping advise over 15,000 people with their legal issues.

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Champions continued John Nelson

John is a champion for public service.

In addition to maintaining his solo law practice, John has served two terms in the Nebraska Unicameral, and as lieutenant governor of the state of Nebraska. Additionally, John has been a champion of and for the Omaha Bar’s Lawyer Referral Service, serving as a member and on the Committee for over 30 years. The work of the Lawyer Referral Service is important, as consultations done through the Service assist people in determining whether or not they have a case to pursue, and advise them of their legal rights.

Lynda Henningsen

Lynda is a champion of the legal profession and important causes.

Through The Daily Record, Lynda supports the Omaha Barristers Club, whose humor and attorney gatherings are important to the collegiality found in Omaha’s legal community. Lynda also serves as the President of the Omaha Legal Professionals, and sponsors OBA events. Additionally, Lynda has worked to raise awareness for the scourge of human trafficking that takes place in Omaha to this day.

attending nearly every event over the past 50 years, to continuing to serve as “Of Counsel” for the Executive Council, Terry has guided this organization with gusto and a trademark smile.

Katie Welsh

Katie is a champion for victims of domestic violence and for the role of mediation in resolving legal disputes. Prior to attending law school at Creighton, Katie helped establish the Concord Mediation Center. Katie now serves as a client attorney at the Women’s Center for Advancement.

Challenge to Membership Last year saw the Ice Bucket Challenge sweeping the nation. Not to be left out, the OBA has a challenge for each of our members, and it’s not nearly as shocking to the circulatory system.

We challenge each of you to publicly post on social media (Facebok/Twitter/ LinkedIn) a one paragraph statement about a member of the Omaha legal community you consider to be a champion, and why. Tag the OBA, and we’ll share/re-tweet the post, spreading the message far and wide. Together, we can shine a light on our community of champions. You all deserve it.

*If you have a Champion you’d like to submit to be recognized, Terry is THE please email Dave at dave@ champion…arguably omahabarassociation.com the name the champion of and the champion’s work they are the Omaha Bar doing or have done.

J. Terry Macnamara

Association. From serving as the treasurer for 13 years, to founding the Fall Kickoff BBQ 47 years ago, to

The Omaha Bar Association Welcomes Its New Leaders The OBA is proud to announce and welcome its newest elected leaders, serving on the Executive Council.

There’s plenty to do this year and beyond; thanks for answering the call!

President-Elect: Patrick Cooper, Fraser Stryker

Treasurer-Elect: Joe Naatz, Kreikemeier Law Office

Secretary: Brandie Fowler, Schirber & Wagner

Executive Council Member: Jason Grams, Lamson Dugan & Murray

Executive Council Member: Jon Natvig, Natvig Law Office

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The OBA Presidents Reception

OBA ‘Stars’!

2016-17 OBA President Doug Johnson surprised Donna Birkby, LRS executive director, and Dave Sommers, OBA executive director (both above), with Incoming OBA President Anne Marie O’Brien the Omaha Bar Association “Star” award, intended to recognize people who go presents Doug Johnson with a parting gift as he “above and beyond” to support the goals of the organization. He said he hoped steps down at OBA president. it would become an annual award.

The annual portrait of OBA Presidents included: Front row, L-R: Denise Hill, Wayne Mark, Anne Marie O’Brien, Hon. Lyle E. Strom, Amy Longo and J. Terry Macnamara; Back row L-R: Craig Martin, Doug Johnson, John Brownrigg, Gerald Friedrichsen, Hon. Bill Riley, Stu Dornan, and Steve Bruckner. The annual Presidents Reception is an opportunity to thank the outgoing leadership and welcome the incoming leaders. It was held at the Field Club this year.

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Civil Jury Verdicts DOUGLAS COUNTY DISTRICT COURT Jury Verdicts January 2017 – February 2017 Compiled by Dae Sommers January 2017

CI 13-5480:

David L. Messenbrink v. Lyman Larsen Judge: J. Michael Coffey Plaintiff’s Attorney: Joshua Yambor, David O’Neill, and Steve Lathrop Defendant’s Attorney: Michael F. Coyle Case Type: Negligence [Vehicular] Special Damages: Not specified Verdict: $45,000 for Plaintiff Remarks: Defendant alleged to have rear-ended Plaintiff’s car while both traveling westbound on Maple Road, just west of the 138th street intersection. Complaint alleged $105,000 in damages to Plaintiff.

Prior to trial, Defendant offered $25,000 to settle.

Plaintiff David Messenbrink alleged that Defendant Lyman Larsen was negligent in one or more of the following ways: (1) Failure to maintain a proper lookout, (2) Failure to maintain control of his vehicle, (3) Traveling at a speed greater than reasonable or prudent in regard to actual or potential hazards then existing, and (4) Following another vehicle more closely than is reasonable and prudent.

CI 14-2124:

Orval D. Hill v. Union Pacific Railroad Co. Judge: Kimberly Miller Pankonin Plaintiff’s Attorneys: John Higgins and Fredric Bremseth [Minnetonka, MN] Defendant’s Attorneys: Anne Marie O’Brien and Dan Hassing Case Type: Negligence Special Damages: None specified Verdict: Defendant Remarks: Plaintiff employed by Defendant as thru-freight railroad engineer in Wyoming.

Plaintiff alleged that as he was sitting in the cab of a locomotive, suddenly and without warning two additional locomotives [operated by Defendant] made a hard joint with Plaintiff’s locomotive, causing severe and permanent injuries to Plaintiff.

Plaintiff brought a negligence action under the Federal Employers’ Liability Act 45 U.S.C. § 51. Jury found for UP, after asking for a clarification on the jury instructions related to contributory negligence.

CI 14-2393:

Robyn Wohler v. Nebraska Board of Regents, et al.

Judge: Peter Bataillon Plaintiff’s Attorneys: Terrence Salerno Defendant’s Attorneys: Joe Daly [for Dr. Siref] and David L. Welch [For UNMC/Regents and Dr. Longo] Case Type: Negligence - Malpractice Special Damages: Not specified Verdict: Dismissed as to UNMC/Regents, Dismissed as to Dr. Longo, and Verdict for Defendant Dr. Siref Remarks: While undergoing abdominal surgery at UNMC, a ureter was inadvertently cut.

Defendants Dr. Larry Siref and Dr. Thomas Longo, urologists, were called in to the repair the ureter. Dr. Longo was a resident surgeon working under the direction and supervision of Dr. Siref. The ureters were allegedly not correctly identified, resulting in a stent being improperly placed and migrated into a chamber of the heart. This migration allegedly caused the Plaintiff to lose a kidney. Plaintiff claimed $154,000 in past medical expenses, and claimed future medical care would be needed.

17

CI 15-313:

Civil Jury Verdicts

Jane O’Keefe-Addy v. Thomas J. Clark and Kristine Clark Judge: Leigh Ann Retelsdorf Plaintiff’s Attorneys: Milton Katskee and Dean Suing Defendant’s Attorneys: Kellie Chesire Olson and Ed Hotz (Clarks), Steve Olson (Tackett) Case Type: Negligence - Other Special Damages: Not specified Verdict: Dismissed against Tackett; Defendant Clarks to pay Plaintiff for $51,786, reduced by 11% to $46,089.54 (general)

Remarks: Defendant Tackett corporation engaged defendants Thomas and Kristine Clark to construct a residence on land 333 feet away from Plaintiff’s land. In the construction process, defendants allegedly altered the topography of the real estate that vast amounts of water and debris were discharged onto Plaintiff’s real estate. Plaintiff claims this is due to improper engineering and design of the construction.

Plaintiff alleges (1) Defendant knew or had substantial reason to know that they construction would cause water and debris to physically intrude, and constitute a deliberate physical invasion of Plaintiff’s property and property rights, (2) Defendants created a condition tending to both cause damage to Plaintiff’s property and creat a danger of future damage thereto, and (3) it was reasonably foreseeable that the alterations to the topography would result in the water and debris causing injury to Plaintiff’s property. Defendant Tackett offered $15,000 to settle.

CI 13-828:

CI 14-5624:

February 2017 Irma Villezcas v. Karlene Guerue Judge: Timothy P. Burns Plaintiff’s Attorneys: Chris Perrone Defendant’s Attorneys: Joel Nelson [Lincoln] Case Type: Negligence - Vehicular Special Damages: Not specified Verdict: For Plaintiff, $4,825 Remarks: Defendant turned left, failing to yield the right of way to Plaintiff, onto 20th Street off of St. Mary’s Ave, striking westbound car driven by Plaintiff. At the time of the accident, Defendant’s license was suspended.

GGS, L.L.C. v. Watson & Ryan, P.L.C. Judge: J. Michael Coffey Plaintiff’s Attorneys: Brian E. Jorde Defendant’s Attorneys: Mark C. Laughlin Case Type: Negligence - Other Special Damages: Not specified Verdict: $292,250 for Plaintiff, less $250,000 already received through settlement with City of Omaha, for a total of $42,250

Remarks: Plaintiff GGS is a company owned and controlled by Ms. Maurine and Wed Gard.

Defendant M. Brett Ryan is a lawyer licensed in Nebraska, and Defendant Watson and Ryan PLC is a law firm. City initiated condemnation proceedings against Plaintiff, Plaintiff hired Defendants to perfect the appeal of condemnation from the County Court to District Court in a timely manner, allegedly being negligent to the statute of limitations on 30 days to file the appeal.

18

Nebraska Paralegal Association News

By Kimberly Brown, ACP The Nebraska Paralegal Association (“NePA”) jump started its summer with the American Cancer Society’s Relay for Life in Sarpy County on June 2, 2017, at Falconwood Park south of Bellevue, Nebraska. The new setting was really beautiful. It was a lovely evening, slightly warm, but - in contrast to past years no rain. The American Cancer Society filled the night with great 50’s music befitting the theme of this year’s event. Many participants sported their 50’s attire, along with kids’ games, and an extremely popular bounce house. The luminary ceremony closed out an evening of fun and fundraising which will benefit many struggling with cancer. For the third year, NePA’s Relay for Life Team, the Legal Beagles, held a fundraising event at the Corky Canvas which provided a night of tapping into our inner Monet and raised $216 for our team. Four of our team members were there to the bitter end. As a result of the efforts of NePA’s team members, the Legal Beagles raised over $2,500 and won the trophy for the top fundraising team in the Business Team category. We also took second place in the Top Online Fundraiser Category, and Amber Roberts won the individual prize for Top Online Fundraiser. The Legal Beagles made a great showing at Relay.

On June 28, 2017, NePA members met for lunch at Anthony’s Restaurant for its District I luncheon. Adam Astley spoke on the Nebraska Child Support Calculator which he developed and which is available for use through the Nebraska State Bar Association. Please visit our website (www.nebraskaparalegal.org) for further details on upcoming lunch meetings.

NePA will hold its Fall Seminar and Annual Meeting on September 14 and 15, 2017 at UNO’s Thompson Alumni Center. NePA will kick off the event with its annual Paralegal Recognition Breakfast on Thursday, September 14, 2017 at 7:30 am. The Honorable Laurie Smith Camp will provide the keynote for the breakfast. NePA invites paralegals, attorneys, and law firm management from across the State to attend the Recognition Breakfast.

Following the Breakfast, NePA will conduct its formal business in its Annual Meeting and Officer Elections. Then,

NePA will provide 10 CLE hours for its paralegals during the Fall Seminar. Tentatively, the speaker line-up includes topics on career development, cyber safety and security, paralegal ethics, unicameral updates, juvenile justice system, and stress management.

On the national level, each year paralegals from across the country apply to present during the NALAThe Paralegal Association’s (“NALA”) Affiliated Associations Meeting at its 2017 Conference & Expo (attended by approximately 300 paralegals). This year, NALA chose Amber Roberts, ACP (of Gavilon) and myself (of Baird Holm, LLP) to present “Not Your Typical Newsletter: Communicating with Members in the Digital Age” during this meeting. It was a great honor for Amber and I to represent NePA at this meeting.

NALA also presents an award for each Affiliate’s outstanding paralegal during the Affiliated Associations Meeting. The NALA Affiliate Awards are presented each year to NALA members or committees of affiliated associations, where a majority of the committee members are NALA members, in recognition of their contribution to the goals and programs of an affiliated association.

Designees are nominated by their affiliated association for such contributions as assisting with and organizing CP study groups, working with bar associations on behalf of the legal assistants in the area, planning educational programs, and developing a pro bono or other community involvement program for the affiliate. These examples serve only as guidance for the affiliated association – the association may set its own standards for recognition. This year, NALA presented the Nebraska Affiliate’s Award to Ruth Bahr, CP. Ruth just retired from Baird Holm, LLP. For more information on NePA events, membership and career opportunities, visit our website, read our e-zine the In Brief on our website at www.nebraskaparalegal. org, and check us out on Facebook at https://www. facebook.com/#!/pages/Nebraska-Paralegal-AssociationNePA/101739993223184.

19

OMAHA LEGAL PROFESSIONALS ASSN.

By Lynda Henningsen, President The Omaha Legal Professionals Association began its summer with a fascinating tour of Boys Town, which also included a presentation on their “Alternative to Incarceration for Juvenile Offenders” program and “Chemical Use Program.”

The Alternative to Incarceration for Juvenile Offenders program focuses on family, schools and education, specialized services such as mental health and substance abuse evaluations, group therapy and professional psychiatric care, skill-based teaching model and effective communication.

The Boys Town Chemical Use program provides drug and alcohol education and prevention, as well as treatment levels in their Outpatient and Intensive Outpatient treatment programs.

Over its nearly 100-year history, Boys Town has earned frequent praise and recognition for its positive and effective approach to meeting the needs of juvenile delinquents. It is home to around 400 youth with 93 percent of youth reporting that Boys Town has a positive impact on their life.

An interesting point: Research shows that failing to save just one high-risk youth can cost society $3.75 million.

The month before our tour of Boys Town, we welcomed our May general meeting speaker, George F. Lynch, an accident reconstruction expert who has provided expert testimony in federal district and county court covering eight states.

As you can see by just these two examples alone, the Omaha Legal Professionals Association offers our members quality programs on a variety of issues.

In addition, through our state organization, the Nebraska Legal Professionals Association, we also offer professional programs at our fall and spring seminars and our annual convention in April.

By the time you read this, we will also have held our summer social, which includes breakfast and then a

tour of the Holy Family Shrine in Gretna, Nebraska. I for one have often taken a glimpse of it from Interstate I-80 and was anxious to see it up close.

Over the years, OLPA’s Summer Activity event has been held in a variety of places and is always fun. The camaraderie that is built among members at events like these is a valuable and important part of our association.

I have seen friendships that are a direct result of membership in OLPA that have been going strong for 20 years.

They support each other personally and professionally. They cheer each other on and are there to help if needed. That support is especially noticeable in our commitment to mentor those that have chosen to start a career in the legal field. It is so rewarding to see a young person advance in their career and to see a once shy person chairing a committee or becoming an officer of an organization.

That is part of what a membership in OLPA is all about — offering those growth opportunities.

Our Ways and Means Committee is in full swing with a fundraising project set to kick-off in August.

Members will be selling apparel with embroidered scales of justice. Items that can be purchased include sweatshirts, polos, golf shirts, jackets and vests. The money raised will go to our scholarship program. This past April we gave out $1500.00 in scholarships. We hope to increase that this coming year.

For more information on the Omaha Legal Professionals Association, please visit our website at www.nebraskalegalprofessonals.org/OLPA.

20 Meet the OBA Summer Intern: Hudson Hohman The Omaha Bar Association is excited to have extra help this summer, thanks to the hiring of our intern, Hudson Hohman.

Hudson is a rising senior at Mount Michael, and is the son of David and Sam Hohman of Omaha. David Hohman is at the Fitzgerald Schorr firm, and Sam is CEO of the Credit Advisors Foundation, in addition to

running and owning LIV Lounge in Aksarben Village.

Hudson is touring colleges this fall, and has shown interest in heading west to PAC-12 country.

Hudson has been helping in a variety of ways this summer, from historical archiving, to setting up the OBA podcast, to staffing Field Day, to Lawyer Referral Service upgrades, to writing a story for publication in a later newsletter. We are thankful to have Hudson working with us until school starts for him this fall. If you see Hudson, please join in welcoming to the team!

Don’t Forget to Sign Up For The OBA CLE Seminar

At the NSBA Annual Meeting

Thursday, October 12, 2017 “Trial Skills Workshop: A Practical Toolkit” Panel Speakers:

Jason Ausman (Ausman Law Firm, PC LLO), Sarah Dempsey (Lamsan Dugan & Murray, LLP), and Sean Conway (Dornan, Troia, Howard, Breitkreutz & Conway, PC LLO).

Join a panel of experienced attorneys as they present and demonstrate the trial skills helpful to all practitioners, both criminal and civil. The program will be interactive and will allow you to truly visualize the skills being discussed. If you are a new attorney, old attorney, or in between, you do not want to miss this program!

Erickson | Sederstrom, P.C., L.L.O. William M. Connolly Mediation & Arbitration (402) 397-2200 The Hon. William Connolly (Ret.) serves as a neutral party, providing Mediation and Arbitration services at Erickson | Sederstrom. His tenure as a Judge on the Nebraska Supreme Court for 22 years coupled with his 29 years of experience as a trial attorney, representing both plaintiffs and defendants, has uniquely qualified him to work toward the most effective resolution of your case.

21 You are Invited to the

Retirement Celebration Dinner for

Hon. William J. Riley 8th Circuit Court of Appeals

& Hon. Lyle E. Strom U.S. District Court

Tuesday, October 3, 2017 Livestock Exchange Building Ballroom Reception 5:00 - 6:30 PM Dinner 6:30 - 8:00 PM $35 per attendee l All Legal Community Welcome Registration at www.omahabarassociation.com

Thank You To The Event Sponsors: kLetters Soughtk Premier Level Cline Williams Creighton University School of Law Fitzgerald Schorr Barmetter & Brennan Fraser Stryker Husch Blackwell Kutak Rock McGrath North Nebraska State Bar Association University of Nebraska College of Law

Supporter Level The Daily Record Hon. Laurie Smith Camp

The OBA will be collecting letters of congratulations written to the Judges by attorneys, judges, and others.

The letters will be assembled into a book and presented to each of the judges at the dinner. If you would like to have a letter/letters from you included, please send by

September 15, 2017 to the Omaha Bar Association, 2133 California Plaza, #150, Omaha, NE 68178.

22

Just the Basics CLE

May 17, 2017 Employment Law

Ken Wentz of Jackson Lewis shared Employment Law’s “rules of the road” with attorneys at the Corkscrew Wine and Cheese in Blackstone on a beautiful windows-open day in May.

23

Just the Basics CLE

July 19, 2017 Divorce Law

Angela Lennon of Koenig Dunne, left, and Hannah Sommers of Slowiaczek Albers acquainted Omaha Bar Association members with the latest updates in “Divorce Law.�

Omaha Bar Association

PRSRT STD U.S. POSTAGE PAID OMAHA, NE PERMIT NO. 1025

NEWSLETTER

Omaha Bar Association 2133 California Street Omaha, Nebraska 68178

Omaha Bar Association Newsletter Managing Editors: Stephen M. Bruckner Dave Sommers

Contributing Reporters: Kimberly Brown Lynda Henningsen Anne Marie O’Brien Dave Sommers

Photographers: Donna Birkby, Lorraine Boyd, Hudson Hohman and Dave Sommers Some photos courtesy of The Daily Record

Design by: Lorraine Boyd, Avant Garde Publications

Printed by:

CALENDAR

August 16 Wednesday

Just the Basics CLE: Bankruptcy Law with Patrick Patino Corkscrew in Blackstone

September

7 Thursday

th

47 Annual Fall Kickoff BBQ First National Wealth Management

October

3 Tuesday

12 Thursday

20 Friday

Retirement Celebration Dinner for Hon. Lyle E. Strom and Hon. William J. Riley Livestock Exchange Building Ballroom Trial Skills Workshop: Litigation Primer CLE (at NSBA Annual Meeting) LaVista Conference Center Lawyers in the City Volunteer Day Various Locations in Omaha

Elman & Co. Please check the calendar on the OBA’s Website for more details on upcoming scheduled events.

Copyright © 2017 by Omaha Bar Association