Colorado Bar Association 1990 Convention: September 13-16
| Publication year | 1990 |
| Pages | 1785 |
1990, September, Pg. 1785. Colorado Bar Association 1990 Convention: September 13-16
Vol. 19, No. 9, Pg. 1785
Colorado Bar Association 1990 Convention: September 13-16
THURSDAY, SEPTEMBER 13
Afternoon:
1:30
Golf Tournament
Sponsored in part by Mead Data Central/LEXIS
3:00
Real Estate Law & Titles Section (2)
"The New Public Trustee Foreclosure Statute (S.B. 109)
and Insider Preferences Under
Deprizio"---William G. Horlbeck, Denver; Cliff
Calhoun, Boulder
Mr. Horlbeck will summarize the most significant changes
which S.B. 109 will mandate with respect to foreclosure
practice and procedure subsequent to the bill's October
1, 1990, effective date. Professor Calhoun will discuss cases
which hold that a payment to a non-insider creditor, which is
a voidable preference in bankruptcy against an insider
guarantor, may be recovered against the creditor under § 550
of the Bankruptcy Code, even though the transfer is outside
the ninety-day period applicable to preferences to the
creditor
Robert A. Holmes, Denver, Chairman, presiding. Business
Session
3:00-5:00
Administrative Law Committee (2)
"Understanding Administrative Fact-Finding (and Using it
to Your Advantage)"---Steve Kaplan, Denver; Bruce
Douglas, Denver; Arlene Linton, Denver; Bill Sterling, Aspen;
Stephen H. Denman, Denver; Bennett Raley, Denver; Bruce
Wilson, Grand Junction; Marshall Snider, Denver, moderator.
The program will focus on the fact-finding functions of
administrative agencies, including municipal and county
boards and commissions. The program will also explore not
only how fact-finding is conducted, but also the psychology
and politics behind administrative fact-finding and how a
practitioner or party before a fact-finding administrative
body can strive to be more effective in the presentation of
information.
3:00-5:00
Bankruptcy Subsection (2)
"Ten Traps for the Unwary in Bankruptcy Cases"---
Martin Bienenstock, New York City.
Mr. Bienenstock will focus on practical advice for the
general bankruptcy practitioner in all chapters of
bankruptcy.
3:00-5:00
Judiciary Section (2)
"The State of the Judiciary and How It Affects Us
Lawyers"---Raymond Dean Jones, Denver; Deanna E.
Hickman, Englewood; Nancy E. Rice, Denver; Howard Kirshbaum,
Denver; Robert W. Ogburn, Del Norte; John McMullen, Denver;
Kenneth E. Barnhill, Jr., Golden; Christopher J. Munch,
Golden; Donald E. Campbell, Colorado Springs; Michael W.
Lillie, Denver, moderator.
The program will include: (a) why the state of the judiciary
is important to attorneys and why it makes our lives more
enjoyable, less frustrating and, ultimately, more lucrative;
(b) suggestions to improve the workload of judges, including
assistance from the private bar, greater use of masters and
ADR; (c) how cases should be handled by the bar in light of
the judicial circumstances, such as motions, briefs and the
like; (d) why judicial compensation is important to lawyers
and what we can do about it; and (e) potential
standardization of all procedures in all Colorado courts so
that there is only one set of rules for everybody to go by.
Carolyn L. Sampson, Denver, Chairperson, presiding. Business
Session.
3:00-5:00
Legal Problems of the Elderly Committee
"The Elderly's Vested Right to Health Benefits: The
Path to National Health Insurance?"---Neal Dudovitz, Los
Angeles.
The program will include a discussion of such timely issues
as: Medicare, private health insurance and the health care
crises facing the elderly.
Evening:
5:30-6:30
President's Reception
(Admission with name badge)
An informal reception for everyone. Sponsored in part by
Sedgwick James Company.
6:30-7:30
Dinner for First-Time Attendees
All first-time attendees and their guests are invited to this
dinner. This will provide an opportunity to meet other
first-time attendees, CBA leaders and members of the
Convention Committee.
FRIDAY, SEPTEMBER 14
Morning:
7:30-8:30
Attorneys' Title Guaranty Fund, Inc.
Brian Hansen, Denver, Executive Vice President, presiding.
Annual shareholders' meeting and breakfast.
8:00-8:45
Aerobics Class
8:00-10:00
American College of Probate Counsel
Annual breakfast meeting.
8:00-10:00
Continental Breakfast
Sponsored by the Exhibitors.
8:30-10:15
Antitrust Subsection (2)
"The Re-emergence of Group Boycotts and Supreme Court
Antitrust Activity."
Robert Youle, Denver, will give an overview of the law of
group boycotts.
Kevin Arquit, Denver, will discuss the FTC's successful
suit in the 1-22-90 group boycott, price-fixing U.S. Supreme
Court case of FTC v. Superior Court Trial Lawyers
Assoc. and other remarks about the FTC's antitrust
agenda.
Thomas P. McMahon, Denver, will discuss In re: Insurance
Antitrust Litigation, decided 9/20/89. This case dealt
with the attempt of many states and private plaintiffs to
prevail against insurance companies, brokers and other
entities on charges they engaged in wrongful group boycotts
and other conduct to restrict the availability of certain
insurance coverages.
David Packard, Boulder, will discuss State of Colorado v.
Colorado Union of Physicians & Surgeons (the
"CUPS case"), a recently settled case involving
alleged price-fixing and group boycotts, by over 100 doctors
and other health care providers in connection with the
negotiation of third-party payor contracts. Judge Finesilver
approved the settlement on 3-9-90.
James Lewis, Denver, will present his views of FTC-States
investigatory and enforcement cooperation and counterpoints
to previous speakers' presentations.
Gale T. Miller, Denver, will discuss the U.S. Supreme Court
5-14-90 case of Atlantic-Richfield Co. v. USA Petroleum
Co., which deals with the need to prove predatory
pricing in a vertical, maximum, price-fixing conspiracy in
order to establish "antitrust injury."
James R. Prochnow, Denver, will discuss the U.S. Supreme
Court decision in California v. American Stores,
decided on 4-30-90, dealing with the power of states to seek
and enforce divestiture under federal antitrust laws.
A panel of speakers, including Claude Wild, III, Denver, as
well as the audience, will question Mr. Arquit and Mr. Lewis.
8:30-10:15
Environmental Law Section (2)
"Liability for Environmental Crimes"---Robert T.
McAllister, Denver; William F. Smith, Denver; Criselda Ortiz,
Washington, DC.
The program will cover issues to be addressed immediately and
in the long term by clients confronting environmental crimes,
from the perspective of both the private bar and prosecuting
attorneys. The presentations will emphasize practical advice
and the realities of environmental prosecutions.
Elizabeth Temkin, Denver, Chairperson, presiding. Business
Session.
8:30-10:15
Ethics Committee/Legal Assistants Committee (2
gen./ethics)
"Ethics: It is 10 A.M. and Do You Know What Your Staff
is Doing?"---Joanna Hughbanks, Denver; Richard L. Eason,
Denver; Joseph J. Bronesky, Denver; C. Randel Lewis, Denver.
Issues to be covered will include: ethics training legal
assistants receive from their schooling and why lawyers need
to educate their legal assistants about the lawyer's
ethical obligations; an overview of the appropriate
disciplinary rules and the unauthorized practice of law as it...
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