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​Institute Schedule​​​​​

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THURSDAY, AUGUST 18, 2022

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7:45 a.m. - 8:30 a.m.

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Registration and Continental Breakfast

Sponsored by:


Husch Blackwell​
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8:30 a.m. - 9:45 a.m.​​

Morning Plenary: The Great Resignation: Issues and Remedies

In 2021, nearly 48 million Americans voluntarily quit their jobs, with many seeking opportunities offering better pay, more benefits, or hybrid work environments. Explore the various thought-provoking trends of the Great Resignation in this engaging panel discussion. Understand the impacts of increasing wages, especially as they relate to health care costs, and how labor organizing activity has changed. Most importantly, you’ll find out what kinds of legislative and creative remedies are on the horizon for attracting, hiring, and retaining talent.

Moderator​:

Daniel J. Finerty
Lindner & Marsack, S.C., Milwaukee

Panelists:

Ericka Wills, PhD
University of Wisconsin School for Workers, Madison ​

Wanda Plachecki, MA, NHA
Executive Director, LaCrosse County Long Term Care & Assisted Living

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9:55 a.m. - 11:10 a.m.​​

Health Law Annual Update

The lingering impacts of the COVID-19 pandemic continue to color and alter the health care landscape in unexpected ways. Get up to date on what’s new and what might be coming next. Delve into key federal and state legislative and regulatory developments affecting health care providers and systems. You’ll also receive the most recent updates on Paycheck Protection Program (PPP) loans and related fraud enforcement by the Department of Justice.​

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Faculty​:

David S. Cade
American Health Law Association, Washington, D.C.

Thomas N. Shorter
Husch Blackwell LLP, Madison


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Labor and Employment Law Annual Update

The shift to remote work. COVID-related job loss. Amazon and Starbucks employees organizing. The Great Resignation. Return to work. It’s safe to say there have been some shakeups in the labor and employment law arena. Keep up with all the important changes impacting you and your clients with this updated on federal case law and pending litigation. You’ll also receive an overview of recent Wisconsin litigation, regulations, and predictions about future hot topics in labor and employment.

Faculty​:

Rebeca M. López
Godfrey & Kahn, S.C., Milwaukee ​

Sara L. Geenen
The Previant Law Firm, S.C., Milwaukee

11:10 a.m. - 11:25 a.m.

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Refreshment Break

Sponsored by:

Husch Blackwell
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11:25 a.m. - 12:15 p.m.​​

Telehealth Update

According to a study by Health and Human Services, the use of telehealth increased 63-fold during the pandemic, with a 32-fold increase in telehealth for behavioral health services. Analyze the recent explosion of telehealth services, find out how telehealth is paid for, explore new models beyond Medicare that cover treatment, and delve into provider licensure requirements. You’ll also consider the future of telehealth as Congress appears poised to support more permanent telehealth access.

Faculty​:

Barbara J. Zabawa
The Center for Health and Wellness Law LLC, ​McFarland​

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Think Before You Tweet: Workplace Impacts of Political Speech on Social Media

In today’s polarized and uncertain times, there’s no shortage of things to talk about online. From unpopular opinions to admitting vaccine fraud, employees’ social media posts have the potential to reach beyond their online audience and disrupt the workplace. The First Amendment protects our right to speak freely, but that protection doesn’t always extend to speech by public employees. Analyze recent cases addressing government employee speech and social media – and hear the real-life stories behind them.

Faculty:

Christine E. Bestor Townsend
Ogletree Deakins Nash Smoak & Stewart P.C., Milwaukee

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Technology and Privacy in Employment ​

Technology has expanded the scope of information available for potential misuse to employers and employees alike. What happens when employers or employees go too far and a fishing expedition turns up trade secrets or confidential employee information? Analyze a recent SCOTUS decision addressing the misuse of information stored on company computer systems. You’ll also receive recommendations on how to protect trade secret and other proprietary information and helpful tips on employee guidance, including handbook policies.

Faculty​:

Michael J. Gentry
Reinhart Boerner Van Deuren S.C., Milwaukee​

Christopher K. Schuele
Reinhart Boerner Van Deuren S.C., Milwaukee​

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12:20 p.m. - 1:35 p.m.

Keynote Luncheon (Optional, Paid Event): ​Being a Trusted, Culturally Competent Advisor in Uncertain Times

Your clients are facing complex problems in uncertain times. Globalization, technology, COVID, changing regulations, and countless other factors have created confusion, anxiety, frustration, and even anger. And with Americans increasingly divided over issues related to politics, race, gender, and sexual orientation (just to name a few), people may be less likely to build immediate trust with others. In the midst of these competing struggles, it’s more crucial now than ever to create an environment of trust for your clients.

Speaker, coach, and consultant Carolien Moors will show you how to create a foundation of shared norms with your team and your clients that fosters trust, clarity, candor, and accountability. Her practical approach, combined with insights from neuroscience, system thinking, and leadership research, will encourage you to cross-examine your own “facts” and preconceived notions about others.

Sponsored By​:
Hawks Quindel​

Faculty:

Carolien Moors
HardTalk Biz Coaching, Minneapolis​

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1:45 p.m. - 2:35 p.m.​​

A Pocket Full of Trouble: How One Simple Device Can Create Numerous Liability Issues

Want to be better equipped to develop effective health care staff policies on social media and mobile device usage in the workplace? Learn how to draft policies that address harassment, discrimination, HIPAA violations, and confidentiality. Plus, gain a broad understanding of the laws unique to health care settings and the limitations they require in order to protect patients. Explore recent cases that have resulted in liability for health care institutions and know what constitutes “protected concerted activity” in the social media context.

Faculty​:

Jennifer L. Williams
Buelow Vetter Buikema Olson & Vliet, LLC Waukesha

Lauren E. Burand
Buelow Vetter Buikema Olson & Vliet, LLC Waukesha

Saveon D. Grenell
Buelow Vetter Buikema Olson & Vliet, LLC Waukesha

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Wage and Hour Issues in Health Care

Be able to identify and avoid wage and hour compliance risks in the health care setting, including off-the-clock work, unpaid meal periods, rounding errors, and failure to calculate overtime. Explore recent trends in wage and hour collective and class action litigation, know what to do when a lawsuit is filed, and pick up strategies for discovery, opposition to certification, and settlement. Know what to expect from a DOL wage and hour audit and how to respond.

Faculty:

Jodi Arndt Labs
Law Firm of Conway, Olejniczak & Jerry, S.C., Green Bay

Sean M. Scullen
​Quarles & Brady LLP, Milwaukee

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2:35 p.m. - 2:50 p.m. 

Refreshment Break

Sponsored by:

Hall Render
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2:50 p.m. - 4:05 p.m.​​

Whose Data Is It Anyway? Navigating Health Care Privacy and Security Regulations

First, there was HIPAA. Then came HITECH. Now, there’s the emergence of Information Blocking and Interoperability. With the additional layer of 42 CFR Part 2, along with other state and federal laws applicable to sensitive information, health care organizations must traverse an increasingly complex web of data regulations. Explore current regulatory issues in health care privacy, security, and IT personnel. Learn which regulations apply when using and disclosing health care data. Discuss different technologies available for secure transmission of information and ensure you’re equipped to make sound recommendations to keep your clients compliant with privacy laws.

Faculty​:

Cory Brennan
Hall, Render, Killian, Heath & Lyman, P.C., Indianapolis, IN

Stephane P. Fabus
Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee

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Handling Government Investigations in the Current Enforcement Environment

Hear practical, experienced perspectives on current and ongoing initiatives in health care fraud enforcement, including whistleblower actions. Examine current DOJ enforcement pronouncements and the factors driving enforcement decisions. Review recent health care fraud cases and receive practical tips on risk mitigation and effectively responding to enforcement inquiries and investigations.

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Faculty:

Matthew D. Krueger
Foley & Lardner LLP, Milwaukee

Nola Hitchcock Cross
Cross Law Firm, S.C., Milwaukee

Patrick J. Coffey
Husch Blackwell LLP, Milwaukee

Stacey Gerber Ward
von Briesen & Roper, S.C., Milwaukee ​

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4:15 p.m. - 5:15 p.m.​​

Afternoon Plenary: The Ethics of Investigations

When you’re called upon to represent employers in an investigation into employee conduct, numerous ethical issues can arise. Employees may not understand who a lawyer’s client actually is and certain disclosures about the nature and scope of the representation must be made. After this lively and engaging session, you’ll understand the full range of your ethical responsibilities when investigating workplace misconduct on behalf of an employer. Plus, you’ll walk away with helpful tips for conducting internal investigations.

Faculty:

Dean R. Dietrich
Weld Riley, S.C., Wausau

Matthew Mayer,
Weld Riley, S.C., Wausau

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5:15 p.m. - 6:30 p.m.​​​

Social Hour and Cocktail Reception

Relax after a day of learning with judges, lawyers, and other legal professionals from around the country. Enjoy an evening of good conversation, refreshing beverages, and delicious hors d'oeuvres.​

Labor and Employment Law​ Sponsor:

Lindar Marsack

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Health Law Sponsor:

​ von Briseon​​

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FRIDAY, AUGUST 19, 2022

7:30 a.m. - 9:30​ a.m.

​Day 2 Registration (Must check-in each day to be marked in attendance for CLE Credits)
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​8:00 a.m. - 8:45 a.m.

Health Law Networking Breakfast

Mix and mingle with fellow health law legal professionals over breakfast. Discuss current issues affecting the practice and get an inside look at the Health Law Section during a brief section business meeting. (No CLE)

Presented By:
Health Law Section

Sponsored By​:
Husch Blackwell​

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Labor and Employment Law Networking Breakfast

Mix and mingle with fellow labor and employment law legal professionals over breakfast and d​iscuss current issues affecting the practice. (No CLE)

Presented By:
Labor and Employment Law Section​

Sponsored By:

WIPFLI​
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​8:55 a.m. - 9:45 a.m.

How to Talk to Your Pharmacist About 340B

The 340B drug discount program protects many Wisconsin providers from ever-increasing drug costs. Unfortunately, the 340B program also has a reputation for being downright confusing. Obtain a good working knowledge of the 340B program and a solid foundation to build upon when working with pharmacists, analysts, compliance professionals, and legal counsel.

Faculty​:

T. James Junger
Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee

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Time Served? Workforce Discrimination in Light of Arrest and Conviction Records

Examine the ramifications of Cree, Inc. v. Labor and Industry Review Commission, which overturned long-established precedent regarding job applicants with a domestic violence record. You’ll discuss the new framework for assessing the likelihood of recidivism for job applicants/employees and find out if it jibes with the requirements of the Wisconsin Fair Employment Act.

Faculty​:

Colin B. Good
Hawks Quindel, S.C., Madison

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Post Dobbs: Implications for Employment Law, Employee Benefits, and Public Health

Anticipate the real-world implications of Dobbs v. Jackson Women’s Health on employee leave policies, workplace participation, employee benefits, employee privacy, and public health. Examine potential impacts on workplace participation, particularly during a time in which women have already been forced to leave the workforce at astonishing rates and employers are facing worker scarcity. Learn how some Texas employers have reacted from a business perspective, adopting new policies in response to restrictive abortion laws.

Faculty​:

Diane M. Welsh
Pines Bach LLP, Madison

Julia F. Mader
​Michael Best, Milwaukee

Sara J. Geenen
The Previant Law Firm, S.C., Milwaukee​

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9:45 a.m. - 10:00 a.m.

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Refreshment Break

Sponsored By:

WIPFLI​
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10:00 a.m. - 10:50 a.m.

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Health Care Contracting Bootcamp: What Lawyers Need to Know About the New Stark and Kickback Rules

The Stark and Anti-Kickback contracting rules were overhauled in 2021. This session will step through the major contracting requirements that health care lawyers need to know. We will focus on examples that the government gave of arrangements that will pass go under the new rules. We will also discuss examples of potential non-compliance that may result in liability.​

Faculty​:

Joseph N. Wolfe
Hall, Render, Killian, Heath & Lyman, P.C., Milwaukee​

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The NLRB Agenda: How to Advise Your Clients on Labor Issues​

Join our panel, including Ben Mandelman of the National Labor Relations Board, to hear all the top labor law developments of 2022. Know what new regulations to anticipate from the NLRB and assess the implications of changes for employers, employees, independent contractors, and gig workers. You’ll also receive insight on advising joint employers and tips for tailoring employee handbook policies.

Faculty​:

Benjamin Mandelman
National Labor Relations Board, Milwaukee​

Jill M. Hartley
The Previant Law Firm, S.C., Milwaukee

Peter L. Albrecht
Godfrey & Kahn SC, Madison ​

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11:00 a.m. - 12:30 p.m.

Closing Plenary: Beating Burnout

Well-being is a core competency of any effective lawyer and avoiding or overcoming burnout is essential to everyone’s well-being. But lawyers are often faced with too little time, demanding clients, and high-conflict interactions. These are precisely the kinds of factors that contribute to feeling stressed out, overworked, and just plain exhausted. Examine how it may be your own thoughts, rather than your situation, that can cause a spiral into burnout in your work-life. Round out your Institute experience by learning how to minimize your risk of burning out and leave with practical ways to bring more ease into your workdays.

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Faculty​:

Amy Boettcher,
JD, ACC, Amy Coaches, Rhinelander

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12:30 p.m.

Institute Concludes
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