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Candidate for Judicial Council Representative

William C. Gleisner III

Law Office of William C. Gleisner III, Hartland

Email: wgleisner@sbcglobal.net

Comments

I have served on the Judicial Council since 2008. I am asking for your vote in April so that I can continue my service as the State Bar’s representative on this important public agency.

My background has prepared me to serve on the Council. I have been a trial lawyer since 1974, and I know firsthand how important the Council is to the administration of Justice.

I have served the interests of the State Bar well. In 2011 I was elected by the State Bar membership to a three year term on the Council. During my service, I have striven to improve our system of Justice in a number of ways.

The Council’s work must address 21^st Century issues. I was one of the principal drafters of Wisconsin’s new e-discovery rules. My background has equipped me to provide important guidance to the Council concerning the realities of the electronic practice of law, e-discovery and digital evidence. With Professor Jay Grenig of the Marquette Law School I co-authored a 1,400 page treatise entitled e-Discovery & Digital Evidence.

The Council’s work should be transparent. The Council is a public body and it impacts all aspects of the civil and criminal justice system. I have worked hard to insure that input is sought from members of the Bar Association who will be affected by recommendations of the Council.

I respectfully ask that you vote to keep me on the Council as your representative this April. You can contact me at wgleisner@sbcglobal.net.

Curriculum Vitae of
William C. Gleisner, III
Current as of January 1, 2014
Email: wgleisner@sbcglobal.net

Career has Included Service as a Trial Lawyer,
Appellate Advocate and as a Computerized Litigation Specialist.

• J.D., Marquette University Law School, Milwaukee, Wisconsin;
• L.LM, Georgetown University Law Center, Washington, DC.

Recent Accomplishments:

• In April, 2011, elected in annual State Bar election to three year term on the Wisconsin Judicial Council, 2011 to 2014.
• Member of the Wisconsin Judicial Council, 2008-2009.
• Named a “Super Lawyer” in 2005, 2009, 2011, 2012 and 2013.
• Recipient of the Robert L. Habush “Trial Lawyer of the Year Award” for 2005 from the Wisconsin Academy of Trial Lawyers.
• One of two co-authors of an exhaustive, multi-volume Thomson-Reuters treatise on the subject of electronic discovery and evidence entitled eDiscovery and Digital Evidence (first published in September, 2005), West’s flag ship treatise on electronic discovery and litigation; See Thomson site: http://legalsolutions.thomsonreuters.com/law-products/Treatises/eDiscovery--Digital-Evidence/p/100002726.
• Together with Judge Diane Sykes of the United States Court of Appeals for the Seventh Circuit and others, recipient of the “Leader in the Law Award for 2005,” presented by the Wisconsin Law Journal in April of 2005.
• Twice selected as a finalist by the Governor’s Judicial Selection Committee, once for a seat on the Milwaukee County Circuit Court and once for a seat on the Wisconsin Court of Appeals for District II. Ran for the Court of Appeals in the April, 2008 election. See the “Gleisner for Judge” Website, including recommendations and endorsements, which can still be viewed at www.gleisnerlaw.com.

Wisconsin Appellate Accomplishments: From 2000 to 2007, served as Chairperson of the Amicus Curiae Committee of the Wisconsin Academy of Trial Lawyers. From 2008 to the present date, has continued to serve as Co-Chair of the Amicus Curiae Committee of the Wisconsin Association for Justice. Since 1983 and in over one hundred cases, have conducted research for, written or assisted with briefs in the Wisconsin Court of Appeals and the Wisconsin Supreme Court, including, inter alia, authorship of briefs in the following cases:

• Day v. Allstate Ins., 2011 WI 24, 332 Wis. 2d 571, 798 N.W.2d 199 (denial of application of family exclusion);
• Leavitt v. Beverly Enterprises, 2010 WI 71, 326 Wis. 2d 421, 784 N.W.2d 683 (motion to dismiss Petition for Review);
• Pries v. McMillon, 2010 WI 63, 326 Wis. 2d 37, 784 N.W.2d 648 (application of the ministerial duty exception to governmental immunity);
• Pawlowski v. American Family Ins., 2009 WI 105, 322 Wis. 2d 21, 777 N.W.2d 67 (interpretation of Wis. Stats. § 174.02);
• Horst v. Deere & Co., 2009 WI 75, 319 Wis. 2d 147, 769 N.W.2d 536 (consumer contemplation test applies to strict product liability claims);
• Blunt v. Medtronic, 2009 WI 16, 315 Wis.2d 612, 760 N.W.2d 396 (also presented oral argument before the Supreme Court);
• Tomson v. American Family Ins., 2009 WI App 150, 321 Wis. 2d 492, 775 N.W.2d 541;
• State v. Plude, 2008 WI 58, 310 Wis. 2d 28, 750 N.W.2d 42 (continued bar on Daubert standard in Wisconsin);
• Richards v. Badger Mutual Ins., 2008 WI 52, 309 Wis. 2d 541, 749 N.W.2d 581;
• Nichols v. Progressive Ins., 2008 WI 20, 308 Wis. 2d 17, 746 N.W.2d 220;
• Gumz v. North States Power Co., 2007 WI 135, 305 Wis. 2d 263, 742 N.W.2d 271;
• Heikkinen v. Catholic Mutual, 2007 WI 124, 305 Wis. 2d 68, 739 N.W.2d 489;
• Avery v. Diedrich, 2007 WI 80, 301 Wis. 2d 693, 734 N.W.2d 159;
• Lornson v. Siddiqui, 2007 WI 92, 302 Wis. 2d 519, 735 N.W.2d 55;
• Trinity Petroleum v. Scott Oil Co., 2007 WI 88, 302 Wis. 2d 299, 735 N.W.2d 1;
• Brew City Redevelopment Group v. Ferchill Group, 2006 WI 128, 297 Wis. 2d 606, 724 N.W.2d 879 (broadened and clarified causes of action under Wis. Stats. §134.01);
• Bartholomew v. Wis. Patients Comp. Fund, 2006 WI 91, 293 Wis. 2d 38, 717 N.W.2d 216 (medical malpractice wrongful death limit; reversed Maurin v. Hall, 274 Wis. 2d 28);
• Mair v. Trollhaugen Ski Resort, 2006 WI 61, 291 Wis. 2d 132, 715 N.W.2d 598 (Gleisner participated in oral argument);
• Muller v. McMillan Warner Ins. Co., 2006 WI 54, 290 Wis. 2d 571, 714 N.W.2d 183 (limitation immunity based on Good Samaritan law);
• Drinkwater v. American Family Mut. Ins. Co., 2006 WI 56, 290 Wis. 2d 642, 714 N.W.2d 568 (health plan not entitled to subrogation because plaintiff had not been made whole);
• Amanda Carney-Hayes, et al. v. Northwest 'Wis. Home Care, et al., 2005 WI 118, 284 Wis. 2d 56, 699 N.W.2d 524 (application of Alt privilege to defendant health care providers);
• Petta v. West Bend Mutual Ins. Co., 2005 WI 18, 278 Wis. 2d 251, 692 N.W.2d 639 (made-whole doctrine in wrongful death cases);
• Grams, et a1 v. Milk Products, Inc., et al., 2005 WI 112, 283 Wis. 2d 511, 699 N.W.2d 167 (other property exception to economic loss doctrine);
• Kaloti Enterprises, Inc v. Kellogg Sales Co., et al, 2005 WI 111, 283 Wis. 2d 555, 699 N.W.2d 205 (fraud in the inducement exception to economic loss doctrine);
• Lagerstrom v. Myrtle Worth Hospital, et al., 2005 WI 124, 285 Wis. 2d 1, 700 N.W.2d 201 (collateral source rule in medical malpractice cases);
• Strenke v. Hogner, 2005 WI 25, 279 Wis. 2d 52, 694 N.W.2d 296 (award of punitive damages against drunk driver);
• Walberg, et a1 v. St. Francis Home, Inc., 2005 WI 64, 281 Wis. 2d 99, 697 N.W.2d 36 (statute of limitation applicable to claim of deceased disabled citizen; Gleisner participated in oral argument);
• Wischer v. Mitsubishi Heavy Industries, 2005 WI 26, 279 Wis. 2d 4, 694 N.W.2d 320 (punitive damages; authored or co-authored four briefs in the Court of Appeals and the Supreme Court);
• Insurance Company of N.A. v. Cease Electric, Inc., 2004 WI 139, 276 Wis. 2d 361, 688 N.W.2d 462 (application of economic loss doctrine to service contracts);
• St. Paul Fire & Marine v. Keltgen, 2004 WI 37, 270 Wis. 2d 315, 677 N.W.2d 297;
• Glenn v. Plante, 2004 WI 24, 269 Wis. 2d 575, 676 N.W.2d 413;
• Maurin v. Hall, 2004 WI 100, 274 Wis. 2d 28, 682 N.W.2d 866 (medical malpractice wrongful death limit);
• Wenke v. Gehl Co., 2003 WI App 189, 267 Wis. 2d 221, 669 N.W.2d 789 (conflicts of law and statutes of repose);
• Wenke v. Gehl Co., 2003 WI 96, 263 Wis. 2d 675, 665 N.W.2d 211;
• Hoffmann v. Wisconsin Electric Co., 2003 WI 64, 262 Wis. 2d 264, 664 N.W.2d 55 (stray voltage harm to dairy cattle);
• Trinity Evangelical v. Tower Ins. Co., 2003 WI 46, 261 Wis. 2d 333, 661 N.W.2d 789 (insurer bad faith and punitive damages);
• Wischer v. Mitsubishi Heavy Industries, 2003 WI App 202, 267 Wis. 2d 638, 673 N.W.2d 303;
• Conley Publishing Group v. Journal Communications, 2003 WI 119, 265 Wis. 2d 128, 665 N.W.2d 879 (Daubert does not apply in state court);
• Mullen v. Walczak, 2003 WI 75, 262 Wis. 2d 708, 664 N.W.2d 76 (bystander injury because of emotional distress at witnessing wife’s death);
• Schultz v. Natwick, 2002 WI 125, 257 Wis. 2d 19, 653 N.W.2d 266;
• Mullen v. Walczak, 2002 WI App 254, 257 Wis. 2d 928, 653 N.W.2d 529;
• Matthies v. Positive Safety Mfg. Co., 2001 WI 82, 244 Wis. 2d 720, 628 N.W.2d 842 (retroactive application of Wis. Stats. §895.045 unconstitutional);
• Fuchsgruber v. Custom Accessories, et al., 2001 WI 81, 244 Wis. 2d 758, 628 N.W.2d 833 (comparative negligence statute does not apply to strict product liability claims and delineation of reach of the Common Law);
• Neiman v. American National Property & Casualty, 2000 WI 83, 236 Wis. 2d 411, 613 N.W.2d 160;
• Jandrt v. Jerome Foods, Inc., 227 Wis. 2d 531, 597 N.W.2d 744 (1999) (sanctions under former Wis. Stats. §802.05 §814.025);¹
• Mullen v. Coolong, 132 Wis. 2d 440, 393 N.W.2d 110 (Ct. App. 1986);
• Tahtinen v. MSI Ins. Co., 122 Wis. 2d 158, 361 N.W.2d 673 (1985);
• Kasbaum v. Lucia, 127 Wis. 2d 15, 377 N.W.2d 183 (1985);
• Welsh v. State Farm Mut. Ins. Co., 122 Wis. 2d 172, 361 N.W.2d 680 (1985);
• Tahtinen v. MSI Ins. Co., 118 Wis. 2d 389, 347 N.W.2d (Ct. App. 1984);
• Village of Menomonee Falls v. Michelson, 104 Wis. 2d 137, 311 N.W.2d 658 (Ct. App. 1981).

¹ See Gleisner, Jandrt v. Jerome Foods: Stormy Weather and No Safe Harbor, published in the Winter 2000 issue of The Verdict magazine. See also Geske and Gleisner, The Effect of Jandrt on Satellite Litigation, May, 2000 Wisconsin Lawyer (which article recently led to the repeal of Wisconsin Statutes governing frivolous sanctions, §802.05 and §814.025, and the adoption of a version of FRCP 11 in Wisconsin, effective July 1, 2005 by Wisconsin Supreme Court Order 03-06). Co-authored follow-up article to foregoing May, 2000 article, again with Professor Geske, entitled Frivolous Sanction Law in Wisconsin, published in the February 2006 Wisconsin Lawyer.

The reader can listen to arguments made by Gleisner on behalf of the Wisconsin Academy of Trial Lawyers in the following cases by going to the web site of the Wisconsin Supreme Court:

• Walberg v. St. Francis Home, Inc., argued 3-1-05; See http://www.wicourts.gov/supreme/scoa.jsp?docket_number=&begin_date=&end_date=&party_name=walberg&sortBy=date.
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• Mair v. Trollhaugen Ski Resort, argued 3-14-06: See http://www.wicourts.gov/supreme/scoa.jsp?docket_number=&begin_date=&end_date=&party_name=mair&sortBy=date.
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• Blunt v. Medtronic, argued 10-7-08; See http://www.wicourts.gov/supreme/scoa.jsp?docket_number=2006AP001506&begin_date=&end_date=&party_name=&sortBy=date.

Federal Court Experience: In addition to the State Bar of Wisconsin [State Bar Member No. 01014276], Bar admissions have included: United States Supreme Court; U.S. Court of Appeals, District of Columbia; U.S. Court of Appeals, Third Circuit; U.S. Court of Appeals, Fourth Circuit; U.S. Court of Appeals, Sixth Circuit; U.S. Court of Appeals, Seventh Circuit; U.S. Court of Appeals, Eighth Circuit; U.S. Court of Appeals, Ninth Circuit; and U.S. Court of Appeals, Tenth Circuit.

Served as Counsel for the National Federation of the Blind (NFB), 1983 to 1986; and 1995 to 1997. In that capacity, developed and prosecuted Constitutional challenges and civil rights litigation on behalf of the NFB, including the following:

• Responsibility for administrative, trial and appellate strategy designed to expand the rights of the blind under the Randolph-Sheppard Act, 20 U.S.C. §107, et seq., and other laws including the following:
  • Randolph-Sheppard Vendors of America v. Weinberger, 795 F.2d 90 (D.C. Cir. 1986);
  • Delaware Dept. of Health & Social Services v. U.S. Dept. of Education, 772 F.2d 1123 (3rd Cir. 1985);
  • Miller v. Illinois Dept. of Corrections, 107 F.3d 483 (7th Cir. 1997) (rights of the blind under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq.; participated in oral argument); and
  • Jernigan v. Chater, 973 F. Supp. 534 (D. Md. 1997) (successful challenge on administrative appeal to District Court of long standing policy of the Social Security Administration regarding blind rights; Gleisner participated in oral argument [result not challenged by SSA on appeal]).
• Other appellate work for the NFB included 1996 effort as lead counsel to obtain a Writ of Certiorari from the United States Supreme Court, successfully enlisting the support and assistance of numerous amici, including twenty-five state attorneys general in the case of Maryland Dept. of Ed. v. U.S. Dept. of Veterans Affairs, 98 F.3d 165 (4th Cir. 1996) [Gleisner participated in oral argument before the United States Court of Appeals for the Fourth Circuit in that case];
• Also filed numerous other briefs, including amicus curiae brief on behalf of the NFB in U.S. Dept. of Transportation v. Paralyzed Veterans of America, 477 U.S. 597 (1986).

Discharged numerous other litigational assignments for the NFB, including Howe v. Bolger, 35 EPD ¶ 34,822 (E.D. Wis. 1984) [one of the first successful injunctions against a federal instrumentality under the Randolph-Sheppard Act in action before Federal Judge Thomas Curran].

Other Experience and Accomplishments as a Trial Lawyer:

• Served at various times as an officer and member of the Board of Directors of the Wisconsin Academy of Trial Lawyers (in addition to selection as Robert L. Habush Trial Lawyer of the Year Award in 2005, previously selected as finalist for the Robert L. Habush Trial Lawyer of the Year Award in 2000).
• In 2009, served as of counsel to Attorney Will Techmeier in legal malpractice action against a major New York City law firm. Successively briefed e-discovery issues which led to e-discovery orders against the defendant. Participated in extensive e-discovery depositions in New York, all of which led to a favorable settlement of the action.
• In 2006 to 2007, worked as contract “of counsel” to the Law Firm of M. Angela Dentice of Milwaukee; performed extensive research and appeared as counsel in the United States District Court for the Eastern District of Wisconsin concerning the removal of a major nursing home lawsuit from state court to federal court. The result was a successful remand to State Court in 2007.
• In 2003 to 2005, worked as contract “of counsel” to several Wisconsin law firms, including the Milwaukee law firm of Kersten & McKinnon, assisting with research and strategy in cases involving: a) Wisconsin’s Fair Dealership Law (Chapter 135, Wis. Stats.); b) insurance bad faith law and questions of punitive damage awards; c) investment fraud, d) RICO claims (18 U.S.C. §1961, et seq.), and WOCCA claims (Wis. Stats. §946.80, et seq.) claims; and e) Wisconsin class action litigation issues.
• In 2001 and 2002, while acting as of counsel to Wisconsin and Tennessee law firms, conducted extensive e-discovery and successfully pursued sanctions against the Chrysler Corporation that resulted in Court Order allowing direct access to corporate databases in the case of Cliff v. DaimlerChrysler, Case No. 3:01-cv-186, a products liability action pending in the U.S. District Court for the Eastern District of Tennessee at Knoxville; As result of sanctions order, allowed to conduct onsite searches of the defendant’s computer databases in Detroit for five days.
• Worked on other civil rights litigation, including 42 U.S.C. 1983 lawsuit against a Municipal Corporation for police shooting death, resulting in a substantial settlement during trial before Federal Judge Evans in Cooley v. City of Ripon, in April of 1983.
• Worked as Chief Municipal Prosecutor in the Village of Menomonee Falls. As special counsel, successfully defended the Constitutionality of a Village ordinance implementing mandates of the Milwaukee Metropolitan Sewage District in Village of Menomonee Falls v. Michelson, 104 Wis. 2d 137, 311 N.W.2d 658 (Ct. App. 1981).

Background as Computerized Litigation Specialist, And Trainer of Lawyers & Support Personnel:

• Extensive training and background in all forms of computerized litigation, electronic document management and electronic discovery. From 1998 to 2005, Summation Certified Trainer (SCT); previously received certification as Microsoft Certified Systems Engineer; also very proficient with Trial Director software; very experienced in imaged database creation and management as well as experience with 1) the planning, preparing and implementing of overall case strategy, 2) preparing and implementing of electronic discovery plans and 3) trial presentations using Summation in tandem with Indata’s Trial Director via a Dell/Infocus platform. Experience includes:
  • From 1997 to 2002, provided Summation software training and electronic litigation support to numerous law firms nationally, including:
    • In 2002, helped law firms in Arkansas and Alabama develop electronic discovery strategies and techniques using Summation;
    • From November, 1999 to July, 2000, provided intensive on-site Summation training and litigation support consultations at a number of the branch offices of a large national law firm, including their offices in Washington, D.C., New York, St. Louis, Kansas City, Santa Monica and Phoenix;
    • Served as full time litigation consultant to a Chicago law firm from May to November, 1999 regarding a major federal class action pending as an MDL and involving SEC & banking law litigation; while at the Chicago law firm, designed & constructed a Summation database containing 14,000 records and 250,000+ images, utilizing Case Scan and Image Capture Engineering software; established a full in-house service bureau at the Chicago law firm, while supervising a staff of seven Summation coders; also designed, configured and deployed “special project” Windows NT 4.0 network and then served as its MIS; while at the Chicago law firm, developed an effective alternative to the use of CDs and DVDs for the purpose of housing image libraries while in court, which made those image libraries available to multiple attorneys across a virtual Netware RJ45 network while in court;
    • Served as MIS to and Director of Litigation Support Services at a large Milwaukee law firm from 1997 to March, 1999, managing all aspects of a fifty node Novell Intranetware 4.11 network, and providing support services to a staff of 10 litigators, including serving as second chair at trial; while at the Milwaukee law firm, regularly accessed and worked with a 400,000 record Summation database constructed for and designed to support Plaintiffs’ Liaison Committee in MDL 926 breast implant class action; conducted major legal research and prepared trial and appellate briefs for the litigation staff of the firm.
• As noted supra, In 2009 served as of counsel to a Milwaukee law firm in a legal malpractice action against a major New York City law firm. Successively briefed e-discovery issues which led to e-discovery orders against the defendant and participated in extensive e-discovery, all of which led to a favorable settlement of the action.
• As noted supra, in 2001 and 2002, while acting as of counsel to Wisconsin and Tennessee law firms, conducted extensive electronic discovery and successfully pursued sanctions against the Chrysler Corporation that resulted in Court Order allowing direct access to corporate databases in the case of Cliff v. DaimlerChrysler, Case No. 3:01-cv-186, a products liability action pending in the U.S. District Court for the Eastern District of Tennessee at Knoxville; As part of the sanctions order that resulted from my efforts, allowed to conduct onsite searches of the defendant’s computer databases in Detroit for five days.

PUBLICATIONS

• In 2000 received the Charles Dunn Author Award for Writing Excellence in The Wisconsin Lawyer from the State Bar of Wisconsin.
• As mentioned above, one of two co-authors of an exhaustive, multi-volume Thomson-Reuter treatise on the subject of electronic discovery and evidence entitled eDiscovery and Digital Evidence (published in September, 2005). This is Thomson-Reuter’s flag ship treatise on electronic discovery and litigation, with pocket parts current through 2013.
• Authored a number of articles for the Wisconsin Lawyer magazine, the official publication of the Wisconsin State Bar; all of the following referenced articles can be found at www.wisbar.org, the State Bar’s web page.
  • Co-authored article with Milwaukee County Circuit Court Judge Richard Sankovitz and Marquette Professor Grenig entitled Panning for Gold: Social Networking’s Impact on e-Discovery, February, 2011 Wisconsin Lawyer.
  • Co-authored article with Milwaukee County Circuit Court Judge Richard Sankovitz and Marquette Professor Grenig entitled What you Need to Know about e-Discovery, July, 2010 Wisconsin Lawyer.
  • Authored article entitled Electronic Evidence in the Twenty-First Century, published in the July, 2004 Wisconsin Lawyer.
  • Co-authored the following seven articles for the Wisconsin Lawyer with Marquette Law Professor Michael McChrystal:
    • Carnivores, Cyber Spies & the Law, published in the February, 2001 Wisconsin Lawyer;
    • Laptop Litigation, published in the September, 1999 Wisconsin Lawyer;
    • Regulating Electronic Commerce, published in the June, 1999 Wisconsin Lawyer;
    • Coping with Employee Email, published in the March, 1999 Wisconsin Lawyer;
    • Search and Seizure of Computer Data, published in the December, 1998 Wisconsin Lawyer;
    • Invasions of Computer Privacy, published in the October, 1998 Wisconsin Lawyer; and
    • Document Destruction and Confidentiality, published in the August, 1998 Wisconsin Lawyer.
  • Co-authored article with Marquette Law Professor Janine Geske, former Justice of the Wisconsin Supreme Court, entitled The Effect of Jandrt on Satellite Litigation, published in the May, 2000 Wisconsin Lawyer.
  • Co-authored follow-up article to foregoing May, 2000 article, again with Professor Geske, entitled Frivolous Sanction Law in Wisconsin, published in the February, 2006 Wisconsin Lawyer.
  • Authored article entitled Change Act 442: Unconstitutional on its Face, October 2006 Wisconsin Lawyer.
• Co-authored an article with Professor Jay Grenig of the Marquette University Law School in The Electronic Discovery & Records Management Quarterly (Thomson West 2007) entitled Protecting Privacy and Security of Electronically Stored Information.
• Authored or co-authored the following articles in The Verdict magazine, the official publication of the Wisconsin Academy of Trial Lawyers:
  • Finding the Smoking Gun in our Brave New Electronic World, published in the Summer, 2007 issue of The Verdict.
  • The Constitutional and Historical Antecedents of Ferdon, published in the Fall, 2006 issue of The Verdict.
  • Why Alt v. Cline Violates the Constitutional Rights of Plaintiffs, published in the Summer, 2003 issue of The Verdict.
  • Jandrt v. Jerome Foods: Stormy Weather and No Safe Harbor, published in the Winter, 2000 issue of The Verdict.
  • A Plaintiff without Fault is a Child of the Common Law, published in the Winter, 1998 issue of The Verdict.

OTHER ACCOMPLISHMENTS

• President of the Marquette Law Alumni Association from 1983 to 1985. While in Law School received a number of honors, including: Member of the Marquette Law School National Moot Court Team for two years, and co-authored the "Best Brief" in Region Eight of the National Moot Court Competition in 1973. Named a St. Thomas More Scholar and a member of the National Order of Barristers. Also contributor to the Marquette University Law Review, authoring a 50 page law review article in 1974.