Seminars

2018 Mid-Year Seminar

 

IMLA's 2018 Mid-Year Seminar

Washington, D.C.

April 20 - April 23, 2018

Cherry Blossoms in DC  D.C. photoshop

News

 

 

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Seminar Hightlights

Section 1983 - Establishment Clause / Legislative Prayer at Meetings

The longstanding, widespread practice of beginning a legislative session with an invocation-a practice followed by lawmakers at every level of state and federal government-continues to generate litigation, including a pair of cases that the U.S. Supreme Court may take up next year. This session will focus on the current legal landscape and the practical issues faced by state and local governments across the country. The session will also explore the role legislative privilege and the separation of powers doctrine might play in a court's adjudication of an action challenging legislative prayer.Speakers: Marc Hansen & Allyson Ho
Moderator: Leah HayesAppellate Practice Program (SEPARATE REGISTRATION IS REQUIRED)

This program is designed to help local government lawyers maximize their chances of success before the Supreme Court by providing practical tips and knowledge from some of the most prominent Supreme Court practitioners in the country. Participants in the program will learn how to frame the question presented and draft the petition for certiorari in a way to capture the Justices' attention and increase their chances of having the Court accept the case. Where local governments are on the receiving end of a petition for certiorari, participants will learn how to craft a response and under what circumstances a local government should consider waiving their response. The program will conclude with a discussion on oral argument practice tips from two Supreme Court practitioners who combine for over 130 oral arguments before the Supreme Court. A networking lunch is included. Separate registration is required. Space is very LIMITED.


Sober Homes and the Opioid Epidemic

Ending the relapse cycle can help residents of sober homes and the communities in which they are located. This discussion will take a look at sober homes and what can be done to address unscrupulous operators of sober homes at the federal, state and local level.

Speakers: Congresswoman Lois Frankel; Alan Johnson; and Terrill Pyburn
Moderator: Laurie Cohen

Section 1983 - First Amendment: Unpopular Speech and the Heckler's Veto

Speech that is popular to some is very unpopular to others. Ideological divisiveness continues to be an issue impacting municipal operations. This session will cover the origins of the Heckler's Veto through current caselaw and how this doctrine impacts the ability of a municipality to conduct effective crowd control in various forums and facilities. Examples from current events will be discussed.

Speakers: Lara Mainella & Robert Higgason
Moderator: Patrick Baker

 



Program

Click hereto view a TENTATIVE schedule. 

Friday / Saturday / Sunday / Monday

Friday, April 20, 2018

7:00AM-5:30PM Registration
8:00AM - 12:00PM BOD Meeting
11:00AM - 3:05PM Appellate Practice Program (CLICK HERE for agenda)

10:45AM  - 11:45AM                      xxxxxxxxxxxxxxxxxxxxxxxxx                                                                                              hcKXZcjh

Section 1983- Qualified Immunity Update

This first part of this presentation will provide a discussion of recent Supreme Court qualified immunity presentations and underscore how local government lawyers can utilize these cases in their practice. The second half of this presentaiton will provide an overview of practice pointers on qualified immunity issues in the circuit courts of appeals. 

  • Susan Lappen & Tom Carr

Seminar -Sober Homes and the Opioid Epidemic

Ending the relapse cycle can help residents of sober homes and the communities in which they are located.  This discussion will take a look at sober homes and what can be done to address unscrupulous operators of sober homes at the federal, state and local level.

  • Congresswoman Lois Frankel; Alan Johnson & Terrill Pyburn
11:45AM - 1:00PM Lunch (On your own)
1:00PM - 2:00PM

Section 1983 - Jails: Handling Failure to Provide Adequate Medical Care Claims

  • Jeb Brown & Jody Malmstrom

Seminar - Regulating Panhandling in the Wake of Reed v. Town of Gilbert

This presentation will provide a discussion of the rulings of the Circuit Courts of Appeals and District Courts that have considered the issue, including First Amendment considerations and Fourteenth Amendment considerations

  • Mark Hayes
2:05PM - 3:05PM

Section 1983 - Circuit Conflicts and Open Issues – Key Issues In Section 1983 Cases That Have Not Been Addressed By The Supreme Court

The discussion includes the nature and scope of any constitution based wrongful death claim; the extent to which Heck v. Humphrey applies to a plaintiff no longer custody and its application to guilty pleas where the factual basis of the claim is uncertain; what constitutes a de minimis award for purposes of awarding no attorney fee under Farrar v. Hobby; whether a First Amendment retaliation claim can be brought where an arrest is made with probable cause; whether a police officer who testifies in criminal court as a witness is speaking as part of his or her job under Garcetti and hence subject to discipline for the testimony…and many more.

  • Timothy Coates

Seminar - State and Federal Oversight of Law Enforcement Agencies Following a Critical Incident - - Could it Happen to You?

Given the present climate in police-community relations, it is not uncommon for a law enforcement agency to face protests and ever increasing calls for state, federal and/or civilian oversight following a widely publicized officer-involved death. This presentation will provide a case study of one suburban, Southern California city that faced such a challenge, the policing issues involved, the competing state and federal interests, the resulting reforms, and the lessons learned as told by the city attorney who negotiated the stipulated judgment and its dissolution five years later.

  • Jeb Brown & Larry Gonzalez
 3:05PM - 3:20PM  Coffee Break
 3:20PM - 4:50PM

Supreme Court Update

The Supreme Court seems determined on making up for its fairly mundane 2016 term by stacking its docket with what can only be termed “blockbusters.” Many of the Court’s biggest cases this term involve issues relevant to local governments, including political gerrymandering, whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim, warrant requirements under the Fourth Amendment for cell phone location data, a case that may limit the impact of Reed v. Town of Gilbert, and the infamous “cake” case involving the intersection of gay marriage and religious expression. Hear from Supreme Court specialists on these cases and others that are relevant to local governments.

  • Tom Goldstein; Paul Clement; Gregory Garre & Amy Howe
 4:50PM - 5:30PM  Amicus Awards


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Saturday, April 21, 2018 

7:00AM - 5:00PM Registration
8:00AM - 9:00AM State Breakfast (Registration required)

9:00AM - 10:00AM                                                                                                                                                                                                                                                                                                                                                                                                                                     

Section 1983 - First Amendment: Unpopular Speech and the Heckler’s Veto

Speech that is popular to some is very unpopular to others. Ideological divisiveness continues to be an issue impacting municipal operations. This session will cover the origins of the Heckler’s Veto through current caselaw and how this doctrine impacts the ability of a municipality to conduct effective crowd control in various forums and facilities. Examples from current events will be discussed.

  • Lara Mainell & Robert Higgason

Seminar - Land Use: How to deal with lot mergers and takings claims in light of the Supreme Court's decision Murr v. Wisconsin

This session will explain the recent U.S. Supreme Court decision in Murr v. State of Wisconsin, 137 S.Ct. 1933 (2017), which provides guidance on the “parcel-as-a-whole” principle of regulatory takings law. In Murr, owners of adjacent lots challenged the constitutionality of a Wisconsin law that required merger of the lots because each lot did not meet minimum standards for residential development, and the lots were held in common ownership. The owners claimed that the merger clause was a taking of one of the lots without just compensation because that lot could no longer be independently developed. The Supreme Court held that no taking had occurred, and spelled out a mutli-factor test for what constitutes the “relevant parcel” for regulatory takings analysis. This session will focus on the background law, the facts of Murr, and the implications of the decision for local regulation of land use and development rights.

  • Derek Howard & Susan Trevarthen
10:05AM - 11:05AM

Section 1983 - Reducing the Risk of Liability with Mentally Ill Persons

A presentation providing a review of: [1] specific law enforcement procedures for the mentally ill that can help minimize municipal and officer liability; and [2] Federal and State law claims involving law enforcement interactions with the mentally ill, including Section 1983 claims of deliberate indifference and excessive force.

  • Craig Straw & Traci Morita


Seminar -Infrastructure P3s – Getting Municipal Counsel Shovel Ready

  • Steven Torres
11:05AM - 11:20AM Coffee Break
11:20AM - 12:50PM

Section 1983 - Pleadings / Motion Practice / Evidence

The first presenter will discuss evidentiary issues in a Section 1983 case, including the admissibility of plaintiff’s arrest history and the exclusion of the plaintiff’s acquittal in a criminal case, both of which are important tools for defense attorneys in this area. The next presenter will focus on discovery in Section 1983 cases and in particular, interrogatories that are vital to a chance at securing summary judgment and deposition questions with an eye towards summary judgment. The third presenter will take you through the pros and cons of Motions to Dismiss v. Motions for Summary Judgment in these cases.

  • Ara Tramblian; Patricia Donkor & John Wilkerson


Managing Telecommunications Challenges Facing Your Community

Panelists will discuss some of the hottest telecommunications legal issues facing communities today, including an update on federal and state regulations affecting local wireless siting decisions, charges for use of the rights of way and public property by wireline and wireless companies, and strategies for developing ordinances, regulations and franchises, licenses and leases governing use of the rights of way and other public property by communications companies

  • Lynn Board; Gail Karish & John Gasparini
12:50PM - 2:30PM Lunch on your own
2:30PM - 3:30PM

Section 1983 - Wrongful Convictions

This seminar focuses on civil rights lawsuits arising out of alleged wrongful convictions, including (1) differences between an exoneration based on DNA or other evidence, on the one hand, and cases arising from convictions vacated on purely procedural grounds, on the other; (2) particular challenges in wrongful conviction cases such as tracking down old evidence (files, reports, physical evidence) and representing witnesses whose memories may have faded; (3) damage awards in specific cases from various circuits; and (4) litigation and settlement strategies.

  • Arthur Larkin & Aaron Shotland


Seminar - Election Law in the Trump Supreme Court

Critically important election law cases will have been heard by the U.S. Supreme Court, just in time for the full Court – including Justice Neil Gorsuch, its long-awaited ninth Justice confirmed on April 7, 2017 – to hear and hopefully resolve. Issues include whether Voter ID violates Section 2 of the Voting Rights Act (NC v. NC NAACP), whether the NC Congressional Redistricting Plan violates the First Amendment right to freedom of association (Common Cause v. Rucho), whether the Wisconsin redistricting plan violates the First and Fourteenth Amendment (Whitford v. Nichol), and whether removal of eligible voters from Ohio’s voter-registration rolls violated the NVRA and deprived eligible citizens of the right to vote (Ohio A. Philip Randolph Institute and NEOCH v. Husted). We will discuss how these and related cases already decided this term on racial gerrymandering (Bethune-Hill v. Virginia State Board of Elections decided 3-1-17) can impact local government elections and electoral processes at the municipal and county level.

  • Ben Griffith & Michael Parsons
3:30PM - 3:45PM Coffee Break
3:45PM - 4:45PM

Section 1983 - Establishment Clause / Legislative Prayer at Meetings

The longstanding, widespread practice of beginning a legislative session with an invocation—a practice followed by lawmakers at every level of state and federal government—continues to generate litigation, including a pair of cases that the U.S. Supreme Court may take up next year. This session will focus on the current legal landscape and the practical issues faced by state and local governments across the country. The session will also explore the role legislative privilege and the separation of powers doctrine might play in a court’s adjudication of an action challenging legislative prayer.

  • Marc Hansen & Allyson Ho


Seminar - State League Meeting

The agenda will inclue introductions, approval of minutes, the IMLA Board Report ane Executive Director Report. The remainder of the meeting will be devoted to a discussion on the ongoing opioid crisis and ensuing litigation by local governments. Erich Eiselt will provide an udpate on the litigation and IMLA's working group, Mark Hayes will discuss his League's involvement in the opioid litigaiton, and there will be time for an open discussion to hear from attendees on what their Leagues are doing to respond to their members on this issue.

  • Erich Eiselt & Mark Hayes


International Committee Meeting

Agenda: 1. A project proposal currently pending in the Republic of Georgia entitled “New Constitutionalism: Strategy of Horizontal Proliferation of Constitutional Values on the Whole System of Law,” in which members of the IMLA International Committee may be able to participate if the project is funded by the National Science Foundation in that country. While no IMLA funding is involved, it appears that this project, if funded through the Georgian NSF, would likely entail on our part as American attorneys a good deal of comparative research of continental and American systems of constitutional control and governance.

  • Ben Griffith
 6:00PM - 7:30PM  Welcome Reception

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Sunday, April 22, 2018 

7:00AM - 5:00PM Registration
8:00AM - 9:00AM WONK Breakfast (Registration required)
9:00AM - 12:50PM Chief Legal Officer Forum (CLOF) (Agenda TBA) (Separate regisitration required)

9:00AM - 10:30AM                                                                                   

Section 1983 - Openings / Summation

  • Patricia Miller & Michael Colucci

Seminar - HR up in Smoke: The interseciton between marijuana legalization and employment law

  • Lara Donlon; Charles Mitchell & Robin Cross
10:30AM - 10:45AM Coffee Break
10:45AM - 11:45AM

Section 1983 - Police Excessive Force Trials Post-Ferguson: What’s Different and What’s Not

High profile officer involved shooting deaths have dominated the public eye in recent years. This discussion involves two attorneys that have handled police use of force cases on both sides of the Michael Brown shooting in Ferguson, Mo. There will be a discussion about what perhaps has changed, what perhaps has not changed, and how to leverage and address those issues.

  • Daniel Peterson & Mark Maguire


Municipal Finance: Best practices for local counsel to consider in bond offerings

The panel will discuss significant focal points to assist local counsel in bond issues regarding the issuance of opinions, the identification of potential problem areas, and the provision of legal advice to their jurisdictions to minimize potential enforcement and liability.

  • Robert Doty & Derrick Mitchell
11:50AM - 12:50PM

Section 1983 - Malicious Prosecutions

  • Henry Bernstein & Rachel Seligman

Seminar - Small / Rural Communities Presentation: Nuisance Abatement

  • Jessica O'Connor

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Monday, April 23, 2018 

7:00AM - 12:00PM              Registration
7:30AM - 8:05AM Coffee Break

8:05AM - 9:05AM                                                                                                                                                                

Anatomy of a Shooting Rampage and the Aftermath

John Hessel, Kirkwood, Missouri City Attorney, will recount his survival of the tragic shooting at Kirkwood City Hall on February 7, 2008 and comment on his experiences in its aftermath. He will discuss violence in the workplace and some security measures and procedures that have been implemented in the public and private sector

  • John Hessel
9:10AM - 10:10AM

Case Law Update

This perennial favorite will provide an overview of highlighted Supreme Court and Circuit Court cases from around the country that are relevant to local governments including everything from employment law cases to First Amendment and police misconduct cases.

  • Douglas Haney
10:10AM - 10:25AM Coffee Break
10:25AM - 10:55AM

Key Issues Impacting Local Governments in 2018: Opioids and Preemption

  • Mayor Mark Stodola
11:00AM - 12:00PM

Ethical Considerations in Public Sector Law

This presentation examines the unique ethical issues confronted by public sector lawyers using an entertaining, interactive format. Panelists dramatize short, illustrative scenarios with a discussion period following each hypothetical. A variety of ethics topics will be covered – all from the point of view of the government lawyer. The Model Rules of Ethics, including the following will all be discussed: Model Rule 1.1 Competence; MR 1.2 Scope of Representation and Allocation of Authority Between Client and Lawyer; MR 1.3 Diligence; MR 1.7 Conflict of Interest: Current Clients; MR 1.8 Conflict of Interest Current Clients: Specific Rules

  • Susan Kidd & Sharon Pandak

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Friday, April 20, 2018 - Appellate Practice Program (Separate registration)

11:00AM - 12:00PM           

Appellate Practice - Framing the Question Presented and Drafting the Petition for Certiorari

  • Loren AliKhan & Allyson Ho
12:00PM - 1:00PM Appellate Practice Networking Lunch (Separate Registration Required)
1:00PM - 2:00PM

Appellate Practice - Crafting the Response (or Waiving it)

  • Ruth Masters & Gregory Garre
2:05PM - 3:05PM

Appellate Practice - Oral Argument Practice Tips

  • Paul Clement & Tom Goldstein

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Registration

Click here to register for the 2018 Mid-Year Seminar. 

 

 

Seminar App

 

IMLA Seminar App

THE MOBILE APP IS THE METHOD OF DELIVERY FOR ALL SPEAKER MATERIALS

IMLA will be using a mobile app at the 2018 Mid-Year Seminar! IMLA Seminar attendees will have the program, speakers, papers, exhibitors, sponsors, maps, attendee list and much much more directly on their iPhone, Android, iPad and/or tablet (must have Google Play Store or App Store to download the App)


THE APP CAN ONLY BE DOWNLOADED ON YOUR PHONE, IPAD or TABLET THAT HAVE THE GOOGLE PLAY STORE OR APP STORE


IMLA App on Your Phone/iPad ONLY

DOWNLOAD APP ON MOBILE DEVICE
CLICK HERE for a tutorial on how to download and log into IMLA's mobile app on a MOBILE device (i.e- iPhone, android, tablet or iPad)

ALREADY HAVE THE APP?
Already have the mobile app? Follow the tutorial above and just click the “Verify account” button in the email from CrowdCompass. If you think because you already have the app, you are set to go, then think again! CLICK HERE to see why.


IMLA App Information on Your Computer/Laptop/Tablet

(DOES NOT HAVE GOOGLE PLAY STORE OR APP STORE)

The IMLA App information can be viewed on a laptop, computer, or tablet using a web browser. 

VIEW APP ON COMPUTER
CLICK HERE for a tutorial on how to view the app on your COMPUTER through a web browser.

IMLA Events

 SUPREME COURT APPELLATE PRACTICE PROGRAM- NEW!!

FRIDAY, APRIL 20th, 2018

This program is designed to help local government lawyers maximize their chances of success before the Supreme Court by providing practical tips and knowledge from some of the most prominent Supreme Court practitioners in the country.  Participants in the program will learn how to frame the question presented and draft the petition for certiorari in a way to capture the Justice’s attention and increase their chances of having the Court accept the case.  Where local governments are on the receiving end of a petition for certiorari, participants will learn how to craft a response and under what circumstances a local government should consider waiving their response.  The program will conclude with a discussion on oral argument practice tips from two Supreme Court practitioners who combine for over 130 oral arguments before the Supreme Court.   A networking lunch is included.

Program Fee: $85. MUST be registered for the seminar to attend. Please fill out the 2018 Mid-Year Seminar formand check the Supreme Court Appellate Program box and include an additional $85 to your seminar registration. SPACE IS LIMITED. 

Chief Legal Officers Forum (CLOF)

Sunday, April 22, 2018

This year's Chief Legal Officers Forum will be held in conjunction with the Mid-year Seminar and will include topical programming for chief legal officers representing jurisdictions with populations between 100,000-300,000. This is a half day program (maybe longer) that is part of the IMLA Seminar and designed for those city and county attorneys who lead and manage public law offices.

More information and registration coming soon!

State/Province Breakfast

The State/Province Breakfast is an intimate round-table event that will allow participants to join their colleagues form their state and neighboring states/provinces for a networking breakfast. 

**Advance registration for the breakfast is REQUIRED**

**A ticket is REQUIRED for entry**

**NO on-site registration will be available**

**Space is limited. First Come, First Served**

More information coming soon!

WONK Breakfast

IMLA is delighted to offer you an opportunity to network with your colleagues and have direct access to premier vendors and attorneys who concentrate on various areas of municipal law at breakfast! The breakfast will be organized tables by “Topic” and you can enjoy your breakfast together with your colleagues.

**Advance registration for the breakfast is REQUIRED**

**A ticket is REQUIRED for entry**

**NO on-site registration will be available**

**Space is limited. First Come, First Served**

More information coming soon!

IMLA Welcome Reception

Please join IMLA for a Welcome Reception! IMLA will provide two drink tickets (you will receive in your badge) and light hor d'oeuvres. The dress is business casual.  We hope to see you there!

**Badge is required for entry!**

**Spouse tickets are available for purchase**

More information coming soon!

Sponsors

IMLA has a wide variety of sponsorship opportunities as well as customizable ones. If you are interested, please contact Caroline at This email address is being protected from spambots. You need JavaScript enabled to view it..  At IMLA's Mid-Year Seminars, we generally get anywhere from 250-350 attendees.

Exhibitors

If you are interested in Exhibiting, please e-mail Caroline at This email address is being protected from spambots. You need JavaScript enabled to view it.. The exhibit cost for the seminar is $1,850  ($1100 for not for profits). This registration includes set up for two representatives. One individual can have admission to all sessions, event materials, social events and all refreshment breaks. At IMLA's Mid-Year Seminars, we generally get anywhere from 250-350 attendees.

Hotel

Omni Shoreham Hotel 
2500 Calvert Street NW
Washington, D.C. 20008
202-234-0700

IMLA has secured a block of sleeping rooms and a special room rate at the Omni Shoreham Hotel, a first class facility, in Washington, D.C.Click hereto book your room.

In order to secure this block of specially priced sleeping rooms and to keep meeting costs to a minimum, IMLA has entered into a total meeting package and contract with the Omni Shoreham Hotel. If you choose to make your sleeping room reservations outside the IMLA group block, such as through an Internet reservation system or with a discount coupon, we need to advise you that IMLA can suffer significant financial penalties. IMLA can be held financially responsible for the attrition or difference between what was promised in the group block and what was actually utilized.

To allow IMLA to continue to provide a reasonable conference registration fee, we need your help in limiting our financial exposure. Please take advantage of the special room rate and block of sleeping rooms we have negotiated and make your reservation.CLICK HERE to read more about the Omni Shoreham Hotel.CLICK HEREto book your hotel room. Rooms sell out FAST!

 If you have any questions, please e-mail This email address is being protected from spambots. You need JavaScript enabled to view it.

Countdown to IMLA Events!

2018 Mid-Year Seminar Friday, April 20, 2018 08:00 AM 55 Days See you in D.C.!