WELCOME BACK!
Thank you for your interest in joining us at our seminar and helping to support Mid-Minnesota Legal Aid
We are excited to be back in 2023 after re-launching our Lying, Cheating, and Stealing seminar last year. LCS was originally conceived by Joe Anthony as a way to bring together great legal minds to share innovative approaches and strategies for handling lawsuits involving the liars, cheaters and stealers that are frequently closer than you think!
Building on last year’s success, we’ve increased the length of our judges panel, added a GC panel, and packed the schedule with amazing presenters from eight local law firms. We’re excited to share this all with you in a packed one-day seminar.
In connection with this event, we have committed to match the $15 fee of everyone who registers and attends the seminar and contribute it to Mid-Minnesota Legal Aid.
ALL REGISTRATION FEES WILL BE MATCHED BY ANTHONY OSTLUND & CONTRIBUTED TO MID-MINNESOTA LEGAL AID
SEMINAR DETAILS
DATE AND TIME:
October 4, 2023
9 am to 3:45 pm
Includes Continental breakfast, Lunch, and Happy Hour (following the last sesson).
LOCATION:
The Reserve at Wells Fargo Center
90 South Seventh Street
Seventh Floor
Minneapolis, MN 55402
CLE:
Approved for 5.5 hours standard CLE.
REGISTRATION
REGISTRATION IS CLOSED
We have hit capacity for the event. Registration is now closed.
THE PROGRAM
8:30 am to 9:00 am – Registration, Check-in, Continental Breakfast and Brief Welcome
9:00 am to 9:30 am – Criminals, Bankers, and Document Destruction:
The Aiding and Abetting that Led To a $1 Billion Dollar Judgment and the Biggest Jury Verdict in Minnesota History
Speakers: Ryan Lawrence (Anthony Ostlund) and Mike Collyard (Robins Kaplan
LLC)
Last November, a federal jury found BMO Harris Bank liable for $564 million for aiding and abetting breach of fiduciary duty in connection with the Petters Ponzi scheme. With pre- and post-judgment interest, the judgment against BMO is over $1 billion. The jury heard evidence that Petters’ bank ignored clear red flags of his lying, cheating, and stealing, yet continued to enable his Ponzi scheme, and later destroying documents to cover the bank’s tracks. This presentation will use Kelley v. BMO Harris Bank, N.A. as a framework to discuss bringing aiding and abetting claims to trial, including lessons learned from the case. [0.5 Standard CLE]
9:30 am to 10:00 am – Special Litigation Committees:
Investigating Derivative Shareholder Claims of Lying, Cheating and Stealing
Speakers: Phil Kaplan (Anthony Ostlund) & John Bisanz (Henson Efron)
We will explain the important role SLCs play when shareholders accuse directors and officers of lying, cheating and stealing. We will summarize the law that governs SLCs, the walk through the process for SLCs to investigate claims and make recommendations and provide practical guidance on dealing with SLCs. [0.5 Standard CLE]
10:00 am to 10:30 am – Preventing Liars and Cheaters from Stealing the Estate
Speakers: Dan Hall (Anthony Ostlund) & Matthew Jensen (Fafinski Mark & Johnson)
This presentation will focus on planning for and addressing challenges to an estate plan. Discussion will include best practices to minimize challenges to wills and trusts on the front end, responding to such challenges, and coordinating between estate planning and litigation counsel in contested matters. [0.5 Standard CLE]
10:30 am to 10:45 am – Break
10:45 am to 11:15 am – How to Outsmart the Thief from Within:
Countering the Inside Player Who Tries to Take the Business
Speakers: Cory Olson (Anthony Ostlund) and Royee Vlodaver (Vlodaver Law Offices, LLC)
Competitive threats don’t always come from outside actors. Often it can be disloyal co-owners, disaffected business associates, or dishonest employees, who try to take over or lay claim to assets and ideas belonging to the company or owner. In this presentation we will discuss practical ways in which business owners can protect themselves against malicious insiders. [0.5 Standard CLE]
11:15 am – 11:45 am – Lying Cheating & Stealing by Business Owners
in the Marital Termination Context
Speakers: Vince Louwagie (Anthony Ostlund) & Melisa Field (Rogness & Field)
Business owners have significant incentive to minimize business valuations and cash flows in the context of their divorces. They also have significant risk. This segment discusses strategies to determine if the spouse has been less than candid and the risks to the business owner of being less than candid. [0.5 Standard CLE]
11:45 am – Noon – Break – Lunch Provided
Noon to 1:00 pm – Lunch Session – Perspectives from the Bench on Liars, Cheaters and Stealers
Panel:
- Hon. Marta M. Chou
- Hon. Daniel C. Moreno
- Hon. James M. Rosenbaum (Ret.)
Joe Anthony (Anthony Ostlund), Moderator
A panel of esteemed judges familiar with LCS cases will engage in a lively discussion of their experiences and will provide insight and guidance on how they approach these cases and their experiences in watching juries approach these cases. Discussion will also include tips on ways to resolve the parties’ differences in these difficult cases, and insights into the consequences of failing to do so. A classroom environment will be maintained during the lunch session. [0.5 Standard CLE]
1:00 pm -1:30 pm – When Civil Litigation and Criminal Investigations Collide for Liars, Cheaters, and Stealers
Speakers: Peter McElligott (Anthony Ostlund) & Anders Folk (Jones Day)
In some cases involving liars, cheaters, and stealers, there is more than just money at stake. This presentation explores what happens when criminal investigations overlap with civil litigation. Our discussion will explore the implications of criminal investigations and parallel civil proceedings, including the impact of the 5th Amendment, privilege concerns, navigating procedural issues, and the role of law enforcement and prosecution. [0.5 Standard CLE]
1:30 pm – 2:00 pm – What Now? Strategic Alternatives for Boards in the Aftermath of the Lying
Speakers: April Hamlin & Barbara Rummel (Ballard Spahr LLP)
April and Barb will share and discuss strategies for rehabilitating and positioning the company for strategic alternatives following a discovered event. [0.5 Standard CLE]
2:00 pm – 2:15 pm – Break
2:15 pm to 2:45 pm – You Can Ban Non-Competes, But You Cannot Ban Lying, Cheating and Stealing
Speakers: Art Boylan (Anthony Ostlund) & Joel Andersen (Nilan Johnson Lewis)
The non-compete ban is a reality in Minnesota. Does that mean employees and competitors will stop engaging in unfair tactics? Probably not. This presentation will cover the new battle lines amongst competitors in Minnesota, including non-solicitation claims, trade secrets claims and other ways to protect your client’s business. [0.5 Standard CLE]
2:45 pm to 3:45 pm – In-House Panel: Protecting the Business:
Approaches and Expectations from Corporate Counsel
Panel:
- Cheryl Stanton, General Counsel & Corporate Secretary, College of Saint Benedict & Saint John’s University
- John Geelan, General Counsel & Secretary, Piper Sandler Companies
- Tom Steichen, Executive Vice President, General Counsel & Chief Compliance Officer, Colliers Mortgage & Colliers Securities
Janel Dressen (Anthony Ostlund), Moderator
A panel discussion of in-house counsel will engage in a lively discussion of their experiences and expectations in working with outside counsel in resolving some of their most challenging problems, and actions they take to protect their companies against liars, cheaters and stealers. Learn how corporate counsel approaches these matters, what they expect from their outside counsel, and how best to work together to resolve difficult issues. [0.75 Standard CLE]
3:45 pm to 4:30 pm – Networking Happy Hour