CHARITABLE FUNDS INC., UPCOMING EVENTS
NSBA's 1st Annual Greater Nebraska Golf Tournament - Sponsorship
Information - Golfer Registration
Friday, June 18, 2004
Shotgun Start - 1:00 p.m.
Wild Horse Golf Club, Gothenburg
Proceeds to benefit the Volunteer Lawyers Project
which is the NSBA's statewide volunteer legal services project and
referral network founded on the belief that all citizens should have
access to the legal system, regardless of ability to pay.
THANK YOU TO OUR SPONSORS!
NSBA's 8th Annual Golf Scramble - Sponsorship
Information - Golfer
Registration
Friday, August 27, 2004
Shotgun Start - 12:30 p.m.
Wilderness Ridge Golf Club, Lincoln
Proceeds to benefit the Volunteer Lawyers Project
which is the NSBA's statewide volunteer legal services project and
referral network founded on the belief that all citizens should have
access to the legal system, regardless of ability to pay.
THANK
YOU TO OUR SPONSORS!
CFI's Barristers' Ball
The First Annual Barristers’ Ball "Starry Starry Night
" is scheduled for April 30, 2005 in Omaha. Dance the night
away under the stars with the bank Galaxy as they wheel through the
heavens. Swirl with the galaxies, flash with meteors and soar with
comets.
The evening promises to be an event to remember, so mark your calendar
and be prepared for a festive night of fun and entertainment.
Proceeds to benefit the Volunteer Lawyers Project
which is the NSBA's statewide volunteer legal services project and
referral network founded on the belief that all citizens should have
access to the legal system, regardless of ability to pay.
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SUPREME COURT RULE CHANGE: DISCOVERY, CIVIL ACTIONS, UNIFORM DISTRICT
COURT RULES
May 19, 2004 -- Amendment to the Rule 34A of the Nebraska Discovery
Rules
for All Civil Cases: Strikes language requiring, upon objection to
subpoena, an order of the issuing court (i.e., where action is pending)
to
compel disclosure, thus amended rule requires only an order from the
district court in the county where the subpoena was served.
May 19, 2004 -- Amendments to Rule 1 and Rule 7 of the Nebraska Rules
of
Pleading in Civil Actions: Rule 1 and Comment -- (1) Amended to reflect
limited jurisdiction of district court in forcible entry and detainer
actions. (2) Amended to reflect changes as to pleadings in divorce actions
made by L.B. 1207 (2004).
Rule 7 -- Amended to reflect changes as to pleadings in divorce and
paternity actions made by L.B. 1207(2004).
May 19, 2004 -- Amendment to Rule 4 of the Uniform District Court Rules
of
Practice and Procedure: Deletes language which is redundant and
inconsistent in light of L.B. 1207 (2004) and above rule amendments.
Changes may be found on the Judicial Branch Web Site: www.nebraskacourt.com
Select “Supreme Court Rules” look under “Rule Amendments
(made within the
last 90 days)”
Notice to Court Clerks: If you are using the AS400, send an e-mail
response “reply with history” and your request will be forwarded
to the
proper individual. The rule will be mailed to you.
Janet Bancroft
Nebraska Supreme Court Public Information Officer
The Executive Building, 521 South 14th Street, Suite 200
Lincoln, NE 68509
402-471-3205
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GRAMM-LEACH-BLILEY NOTICE
Memorandum to Bar Leaders from ABA President Dennis W. Archer:
As you know, the American Bar Association was successful in its lawsuit
challenging the FTC's decision that lawyers are subject to the privacy
provisions of the Gramm-Leach-Bliley Act if, as part of their law practice,
they provide real estate, tax, estate planning or other financially
related
legal advice to individuals. The FTC has until July
12 to decide whether to appeal.
In response to the ABA's request, the General Counsel of the FTC has
issued
a letter, which can be seen at http://www.abanet.org/poladv/FTC%20Ltr%20re%20GLBA.pdf,
stating that unless
and until the district court's decision is reversed, the FTC will not
bring
enforcement actions against or investigate any practicing lawyer for
failing to comply with the privacy provisions of the Act during the
period
preceding reversal. The ABA asked the FTC for this assurance because
many
attorneys have requested guidance about their responsibilities in light
of
the district court's decision.
If you are a practicing attorney who provides any financially related
legal
services to individual clients, you should read the FTC's letter.
While we are all hopeful that the court's decision will stand, the
ABA is
also seeking Congressional action on this issue. Thank you for your
support
in this effort. We will continue to post updated information on this
situation at http://www.abanet.org/poladv/glbfactsheet.html.
For information, contact Ellen C. McBarnette, Legislative Counsel,
American
Bar Association, 202/662-1767; email mcbarnee@staff.abanet.org
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BOOK REVIEW: "THE MARCH FOR CIVIL RIGHTS: THE BENJAMIN HOOKS STORY"
"With the knowledge of a lawyer and judge, the voice of a preacher,
the
position at the FCC and the power of the NAACP, he opened doors and
remedied
injustice in a way that extended opportunities for generations to come
. . .
America indeed is a better place for African Americans than before Benjamin
Hooks."
-Excerpt from the Foreword, by Dennis Archer
Lawyer, judge, pastor, civil rights activist, trailblazer, and great
humanitarian, Dr. Benjamin Hooks recounts the extraordinary experiences
of
his life of service in The March for Civil Rights.
This is the fascinating story of a man prevented from attending law
school
in his home state and later often degraded in court, who nevertheless
persevered. He worked side-by-side with Dr. Martin Luther King, Jr.
and the
Southern Christian Leadership Conference to organize and fight against
racial discrimination.
The myriad roles he has played throughout his life include becoming
a
lawyer, an honorable judge, a prominent businessman, an ordained minister,
the first African American appointed to the Federal Communications
Commission, the long-time Executive Director of the NAACP, the President
of
the National Civil Rights Museum in Memphis, and the Founder and Chairman
of
the Benjamin L. Hooks Institute for Social Change at the University
of
Memphis.
A staunch advocate for self-help, Benjamin Hooks preaches responsibility
and
accountability, and calls for a "moratorium on excuses." He
urges the black
community to strengthen the family unit and impels those who have succeeded
to reach out and help their brothers and sisters.
2003 384 pages 6 x 9
Hardcover with Dust Jacket
Product Code 1610025
Regular Price: $39.00
ABA Member Price: $34.00
For more information or to place an order, click on
www.abanet.org/abapubs/books/1610025
Or call our customer service department at 1-800-285-2221 and reference
product code 1610025.
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SUPREME COURT RULE CHANGE: MANDATORY JUDICIAL BRANCH EDUCATION
Adopted May 26, 2004; effective July 1, 2004 -- Miscellaneous
Nebraska Supreme Court Rule - Rules for Mandatory Judicial Branch
Education and Principles and Standards of Nebraska Judicial Branch
Education: Establishes guidelines for mandatory judicial branch
education. Mandatory minimum hours set for judges, clerk
magistrates, probation officers and official court reporters. The
rule contemplates that all judicial branch employees will have
mandatory education implemented in three phases beginning January 1,
2005.
Changes may be found on the Judicial Branch Web Site: www.nebraskacourt.com
Select “Supreme Court Rules” look under “Rule Amendments
(made within the
last 90 days)”
Notice to Court Clerks: If you are using the AS400, send an e-mail
response “reply with history” and your request will be forwarded
to the
proper individual. The rule will be mailed to you.
Janet Bancroft
Nebraska Supreme Court Public Information Officer
The Executive Building, 521 South 14th Street, Suite 200
Lincoln, NE 68509
402-471-3205
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CASEMAKER NOW AVAILABLE TO INACTIVE MEMBERS OF THE NSBA
The Executive Council of the Nebraska State Bar Association has recently
approved the sale of subscriptions to the Casemaker Web Library to all
inactive members of the NSBA. Now all members of the NSBA can obtain
access to this comprehensive research tool.
Annual subscriptions are $100 per attorney. Simply complete the enclosed
subscription form and return it to the NSBA office. Upon receipt of
the completed form and payment, a Casemaker password will be sent to
you. This password, along with your attorney number, is all you will
need to enter the Casemaker library.
If you have any questions, please contact Sam Clinch at 800-927-0017
or sclinch@nebar.com
Subscription
Form
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ABA COMMISSION SEEKS COMMENT ON DRAFT REVISIONS OF MODEL CODE OF JUDICIAL
CONDUCT
As you may be aware, the ABA Joint Commission to Evaluate the Model
Code
of Judicial Conduct in the process of reviewing and updating the Model
Code of Judicial Conduct. The Joint Commission has completed its initial
draft of revised Canons 1 and 2 and are seeking comment from the
judiciary, the legal profession and the public. The link to that draft
can be found at
http://www.abanet.org/judicialethics/home.html
An initial decision of the Joint Commission was to reorganize the structure
of the Canons, moving various code provisions to other parts of the
Model Code.
Please note that, due to the reorganization of the Model Code, the revised
Canons 1
and 2 do not directly correlate with the existing Canons 1 and 2 in
the
Model Code.
In addition to the revised Canons on the above mentioned web page, you
will find a memo that poses a series of questions. These questions
represent issues related to Canons 1 and 2 that have been the subject
of
extensive discussion within the Joint Commission. The Joint Commission
requests that you consider the issues posed in this memo together with
the
revised Canons when providing comment.
Please be advised that these are preliminary drafts of Canons 1 and
2
presented for public comment and accordingly do not represent the final
version of the revised Model Code.
The Joint Commission requests that public comment be submitted in writing,
preferably by e-mail, to Eileen Gallagher at gallaghE@staff.abanet.org,
or
at mailing address 321 N. Clark Street, Chicago, IL 60610. Written
submissions should be received by the American Bar Association no later
than the close of business on July 15, 2004.
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JOB ANNOUNCEMENT: DIRECTOR OF DEVELOPMENT AT THE UNL COLLEGE OF LAW
Please
click here for the job announcement......
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NCLE SECTION CALENDAR
Click here for a calendar
of CLE programs to be offered in upcoming months.
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UPCOMING LIVE WEBCAST SEMINARS:
Please mark your calendars and plan to attend one or more of the following
live webcasts co-sponsored by NCLE and CLE Options. Register for one,
two or all three parts. 10:30 AM- 4:30 PM Roman Hruska Law Center. Live
video with interactive Q & A. Prices: $99 for the 4 hour program;
$59 for the 2 hour program; $29 for the ethics hour. $110 for the entire
day. Contact Kathryn Bellman
for information.
August 13, 2004:
Health Care Litigation - This CLE program will analyze litigation resulting
from the alleged abuse of the health care system. It will include Medicare
and Medicaid fraud, focusing on the trial preparation skills necessary
to prosecute and defend the case. A panel of expert attorneys, both
defense and prosecutors, will share their experience in developing and
defending these cases, pre-indictment and at trial. The panel will also
include experts from the regulatory agencies responsible for oversight
of these expensive federal programs who often decide whether a case
is handled as civil or criminal matter. Using the Master Advocates Institute
trial-based approach attendees will be guided through every aspect of
the case, taking into account the strategy and tactics unique to this
type of litigation. Particular attention will be paid to the role of
key experts in cases related to health care, auditors, billing experts,
and standard of care testimony.
. Charles Blau is the moderator. (4 hours)
Trial document management in complex cases. This advanced litigation
Session will focus on the challenges faced by litigators in document-intensive
cases. Charles Blau moderates. (2 hours).
Ethical Issues for Health Care Lawyers - A successful health care legal
practice, especially one involving litigation, presents complex ethical
challenges for lawyers. Conflicts, trial strategies, and negotiation
issues all raise ethical questions that are analyzed here. Mitch Winick,
Host and Moderator. (1 hour) Click
here for more information.
October 15, 2004:
Effective Litigation Techniques for an Industrial Pollution Case. Industrial
pollution cases are often technical, complex cases with a potential
for a major impact on businesses and major employers in a community.
Presents issues and techniques from both a prosecution and a defense
point of view. A panel of experienced litigators discuss these issues
with moderator Charles Blau. (4 hours)
Trial Practice - Litigating a clean air act case. Charles Blau moderates.
(2 hours).
Ethical Challenges for Lawyers in Environmental Litigation. Lawyers
involved in environmental litigation face unique ethical challenges,
as discussed by experts here. Learn which canons present the highest
risks and how to carry out one's responsibilities without losing sight
of professional obligations. Mitch Winick, Host and Moderator. (1 hour)
December 10, 2004:
Currency Regulation After the Patriot Act
This program for lawyers and others with an interest in the banking
industry and the regulation of currency will provide the participant
with a thorough understanding of the current status of federal regulations
relating to currency, anti-terrorism efforts, and money-laundering.
Charles Blau is the moderator
Faculty note: Charles Blau, JD, LLM
Charles W. Blau is a partner with the law firm of Meadows, Owens, Collier,
Reed, Cousins & Blau, L.L.P., based in Dallas, Texas.
He has an international client base with a practice focus on the representation
of entities and individuals accused of white collar crimes. He practices
principally in Federal Court. Mr. Blau has provided corporate representation
in criminal government contract matters, major health care fraud cases,
financial fraud and all types of environmental crimes. He was a federal
prosecutor prior to entering private practice.
Mr. Blau assists companies in fashioning, enacting and administering
ethics and compliance programs. He directs clients in discrete internal
investigations both before and during governmental inquiries. Mr. Blau
advises clients on how to prevent and detect criminal, civil and administrative
problems, often in conjunction with independent accountants, investigators
and consultants.
Mr. Blau was an Assistant United States Attorney for the Southern District
of Indiana for four years. In 1980, he was appointed to head a Federal
Money Laundering Task Force in Miami, Florida. In 1983, he became a
Section Chief at the Department of Justice. In 1985, Mr. Blau became
the Deputy Associate Attorney General of the United States, and was
appointed the Associate Deputy Attorney General of the United States
in 1986. As a litigator, he has tried many jury cases involving complex
criminal statutes, including RICO, CCE, money laundering, tax fraud
and multi-defendant matters throughout the United States. He assisted
in drafting the federal money laundering statutes at the Department
of Justice.
Mr. Blau is a prolific author and speaker. He was admitted to the State
Bar of Texas in 1988, and is also a member of the Indiana and Florida
State Bars. Mr. Blau has been admitted to practice in the U.S. Supreme
Court, the U.S. Court of Appeals and the 5th, 7th, 10th and 11th Circuits.
He is a member of the Dallas Bar and the Bar Association of the Fifth
Federal Circuit. He is an active member of the ABA White Collar Crime
and Criminal Justice Subcommittees, and has served as a co-chairman
of the Southwest Regional White Collar Crime Committee. In addition,
Mr. Blau is a member of the National Health Lawyers Association and
the National Criminal Defense Lawyers Association. He was named a Texas
Super Lawyer in 2003 by Texas Monthly and Law & Politics Magazine.
Mr. Blau was born in New Albany, Indiana in 1944. He received his B.A.
from Indiana University in 1966. Mr. Blau received his J.D. from Louisville
School of Law in 1972, and his LL.M. in Taxation from Georgetown University
in 1987.
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