6th Annual Meeting & Presentation Invitation On behalf of the Eastern District of Wisconsin Bar Association, I am delighted to invite you to attend our 2008 Annual Meeting & Presentation, to take place on Thursday, April 17, at the Milwaukee Athletic Club. This Sixth Annual Meeting & Presentation is the highlight of our year, and is designed to offer updates and programming useful to everyone whose practice or interests touch on what happens in our federal courts. Our goal is for everyone to come away with important new insights and understandings as a result of their attendance, as well as provide the opportunity for members of the federal bench and bar to interact in a collegial setting. Considering the extremely low cost of registration for our Annual Meeting & Presentation, April 17th at the MAC is sure to be another “must attend” EDWBA event! For more information regarding the Annual Meeting, please contact Katy Borowski at 414-276-5933 or kborowski@milwbar.org. The EDWBA website, www.edwba.org, also contains updated information. Please accept this enthusiastic invitation to participate in the wide variety of CLE sessions and events, which are highlighted below, that our Annual Meeting & Presentation offer. I look forward to seeing you on April 17. Sincerely, Robert L. Gegios
President
Eastern District of Wisconsin Bar Association
Crack Cocaine, Capital Punishment for Bankruptcy Fraud,
and Changed Civil Pleadings Requirements At first glance these three topics do not appear to have anything in common. Upon closer inspection, however, the three are inextricably linked – they are the breakout topics at this year’s EDWBA annual meeting. Following our tradition of offering sessions of interest to the three main practice areas in the District, i.e., Criminal, Civil and Bankruptcy, this year’s program has three excellent programs put on by our colleagues. Bruce Arnold of WHD will lead a panel discussion of bankruptcy fraud and related crimes. The panel will focus on the investigation, prosecution, and defense of such crimes, including the importance of the relationship between the U.S. Attorney and the U.S. Trustee. In addition to current trends in this area of law, the panel will also offer a historical perspective on bankruptcy crime, including a period when bankruptcy fraud was a capital offense. Continuing on the theme of punishment not precisely fitting the crime, Loyola School of Law Dean David Yellen will lead a panel discussion related to the recent change in the guidelines regarding the punished of crack-cocaine related offense. The panel will explore the impact the guideline change will have on the justice system, particularly in light of the U.S. Supreme Court’s decision in Kimbrough v. U.S. Finally, Mike Halfenger of Foley & Lardner will lead a discussion of the extent the Supreme Court’s decision in Bell Atlantic Corp. v. Twambly altered pleading requirements under the Federal Rules of Civil Procedure. Some commentators feel the case represents a landmark shift in civil litigation in the Federal Courts. Others think that while change has occurred, it is not as radical as it is made out to be. Come hear the panelists’ opinions and share your own at what promises to be a stimulating discussion. All of us at the EDWBA look forward to seeing you at the Annual Meeting on April 17th at the Milwaukee Athletic Club.
Luncheon Keynote Featuring Seventh Circuit Court of Appeals Judge Diane S. Sykes
This year’s luncheon program not only features our awards recipients, but also a presentation by Judge Diane S. Sykes. The topic of her presentation is Circuit Precedent: Keeping it Coherent and Consistent, and What You Can Do to Help. Her focus will be on the Seventh Circuit's rules and internal operating procedures that help the court avoid internal tension or conflicts in our circuit precedent, and how the practicing bar can assist the court in that task. This will include a discussion of the rules governing published v. unpublished dispositions, citation to unpublished orders, panel and en banc rehearing petitions, and the Rule 40(e) (sua sponte en banc) procedure, as well as some observations about the legal culture on the court and in the Seventh Circuit bar.
The EDWBA is thrilled to have Judge Sykes participate in the program and looks forward to her remarks.
2008 EDWBA Award Winners Each year at its annual meeting, the EDWBA stops to recognize the contributions of certain members not only to the practice of law in the Eastern District, but also the betterment of our community. This year's award winners truly are a deserving group and we all could do well by following their example. Hon. Rudolph T. Randa-Judge Myron L. Gordon Lifetime Achievement Award It is particularly appropriate that Judge Randa receive the Judge Myron L. Gordon Lifetime Achievement Award, and not just because he was co-Prom King with Judge Terrence Evans at Riverside High School (no word as to why no tie-breaker was employed). As a youth, Judge Randa’s immigrant relatives instilled in him, and his three sisters, that in America, while there are no guarantees, there are opportunities, and through hard work you can seize these opportunities and can achieve anything. Judge Randa was a distinguished military graduate with academic honors from the University of Wisconsin Milwaukee and then from the UW Law School in 1966. After two years in private practice, Judge Randa served his country in U.S. Army, including serving as Company Commander in Vietnam and receiving the Bronze Star, VSM, VCM (4 stars) and NDSM. After his tour of duty, Judge Randa worked for the United States Attorney General prior to returning to Milwaukee. Upon his return to Milwaukee, Judge Randa joined the City Attorney’s Office as an Assistant, eventually being promoted to Principal City Attorney in 1973. In 1975, Attorney Randa became Judge Randa. Prior to his appointment to the U.S. District Court for the Eastern District of Wisconsin in 1992, Judge Randa served as a Milwaukee Municipal Judge, a Milwaukee County Circuit Court Judge, and a Wisconsin Court of Appeals Judge for the 4th District. Judge Randa was designated Chief Judge of the Eastern District in 2002. Judge Randa has brought to the federal bench not only the experience of his life including private practice, service as a government attorney, but vast knowledge, analytical skills, and experience in municipal, state, and federal substantive and procedural law in both civil and criminal matters. Judge Randa is noted for his patience, willingness to listen to counsel and litigants, and fair and equal treatment of all who appear before him. In addition to his service to the bar as a judge, Judge Randa has regularly given back his knowledge, skill and experience to the legal profession by his active support of the Eastern District of Wisconsin Bar Association, participation in CLE presentations, bar activities, and as a lecturer at the Marquette University Law School.
Among his judicial responsibilities, the naturalization of immigrants is a duty Judge Randa enjoys. During the ceremony, he tells our new citizens, the same thing his relatives told him that in America, while there are no guarantees, there are opportunities, and through hard work you can seize these opportunities and can achieve anything.
Judge Randa’s own lifetime achievements in the profession exemplify the ideals reflected by the Judge Myron L. Gordon award. Atty. Steven M. Biskupic-Judge Robert W. Warren Public Service Award Following graduation from Marquette University Law School in 1987, Mr. Biskupic has dedicated his entire legal career to public service. His first boss after law school was the late Hon. Robert W. Warren, which makes Atty. Biskupic's receipt of this award all the more fitting. During his time with Judge Warren, Atty. Biskupic had the opportunity to witness the public service philosophy and practices which distinguished Judge Warren’s career. Practices and philosophy which Atty. Biskupic has adopted and demonstrated throughout his public service. After completing his clerkship with Judge Warren, Mr. Biskupic accepted an appointment as an Assistant United States Attorney in the Eastern District of Wisconsin, an office he has served ever since. During his tenure as an Assistant U.S. Attorney, Mr. Biskupic quickly established himself as an aggressive criminal prosecutor with a special interest in financial crimes and public corruption. Mr. Biskupic’s reputation and dedicated service of United States resulted in his appointment by President Bush in May, 2002 to serve as the United States Attorney for the Eastern District of Wisconsin. After becoming the U.S. Attorney, Mr. Biskupic maintained an active case load and continued the trial work he relished as a federal prosecutor. Mr. Biskupic has led the U.S. Attorneys Office by his example, rather than by dictate. He has embraced the most difficult prosecutions initiated by his office and, along the way, earned the respect of his colleagues and opposing counsel during almost twenty years of advocacy on behalf of the United States. Mr. Biskupic is truly deserving of the Robert W. Warren Public Service Award. Atty. Robert “Rock” Thiene Pledl-Judge John W. Reynolds Community Building Award
Atty. Pledl's significant contributions and tireless efforts as an advocate, educator and trial attorney on behalf of people with physical and developmental disabilities and mental illness are being recognized with the award named for the late U.S. District Court Judge and former Wisconsin Attorney General and Governor, John W. Reynolds. By way of example of Rock's tireless efforts, in the last 24 months, Pledl, a sole practitioner: (1) challenged the denial of a request for reasonable accommodation under the ADA for a mental health clinic in Wisconsin Community Services v. City of Milwawukee, (E.D. Wis.), culminating in a remand for further proceedings by the 7th Circuit Court of Appeals sitting en banc; (2) as co-lead counsel in Options for Community Growth v. City of Milwaukee, (E.D. Wis.), attacked the City’s ordinance imposing distance rule limits on group homes for people with disabilities and persuaded the City, as part of settlement, to eliminate special use requirements for broad categories of group homes; (3) initiated an action under the ADA concerning segregated sheltered employment services for people with significant disabilities in Schwartz v. Jefferson County, (Cir. Ct., Jefferson Co.); and (4) with the National Health Law Program, in Nelson v. Milwaukee County, et al, (E.D. Wis.), obtained class certification in a suit alleging disability discrimination in the Wisconsin Family Care program. In addition to his work on behalf of his clients, Rock makes frequent presentations on disability law to attorneys, disability rights and community groups, serves on the boards of organizations concerned with mental health and disability advocacy and is an active member of the Eastern District Bar Association’s Pro Bono Committee.
Pledl is a 1980 graduate of John Marshall Law School. In 1976, he received a bachelor’s degree in social work from the University of Wisconsin-Milwaukee. Atty. David A. Erne-Dale E. Ihlenfeldt Bankruptcy Award
Following his graduation from Harvard Law School in 1968, Dave came to Milwaukee and practiced with the law firm of Reinhart Boerner VanDeuren s.c. for more than 30 years. After the 1978 Bankruptcy Code was passed, Dave established himself as a bankruptcy law pioneer among general practice firms. He carved a niche for corporate reorganization, dealing primarily with Chapter 11 and complicated reorganizations. He set high standards in the practice and has been a role model and mentor to many bankruptcy practitioners.
In addition to his many contributions to bankruptcy practice in the Eastern District, Dave made countless contributions to the Milwaukee legal community over the years. He is a former President of the Milwaukee Bar Association, a former Honorary Consul of France of Milwaukee, the current President of the Milwaukee Legal Aid Society and a member of the American College of Bankruptcy Lawyers. Recently retired as a shareholder of the Reinhart firm, Dave has continued his rich tradition of community service. He currently serves as a trustee of the Bradley Trust and on the Boards of Northwestern Mutual Life Insurance Company, Northwestern Mutual Wealth Management Company, and Artisan Funds Mutual Funds. He teaches a course at Marquette Law School entitled Financial Institutions and Financial Markets and serves on the Marquette Law School Advisory Board. Dave also serves on the Advisory Board to the Dean of the School of Arts and Sciences at Indiana University (Dave’s college alma mater) and, with his wife Ann, has established a fellowship program at Indiana University to pay for college age students from Serbia to study at Indiana. Atty. Nathan A. Fishbach Founder’s Award Nathan A. Fishbach is receiving the Founder’s Award from the Eastern District of Wisconsin Bar Association for his substantial efforts in founding, leading, and promoting the EDWBA. For many years, federal practitioners in the Eastern District believed that a mechanism should be created to foster communication between the bench and the bar. In 2000, Nathan A. Fishbach, Co-Chair of the Milwaukee Bar Association’s Federal Bench/Bar Committee, worked to form the Eastern District of Wisconsin Bar Association, along with Judge J.P. Stadtmueller, co-chair of the Federal Bench/Bar Committee. Nathan, along with Judge Stadtmueller and then-Milwaukee Bar Association President D. Michael Guerin, selected a handful of federal practitioners and began working on programming. The Eastern District of Wisconsin Bar Association was officially formed in 2002, and immediately had great success, thanks to the vision and leadership efforts of Nathan. The EDWBA began with a membership of 200 lawyers and judges, a great beginning. The organization hit the ground running, as continuing education programs were offered to great success, thanks to the ideas, support, and efforts of Nathan. Nathan served as the founding president of the EDWBA from 2002 to 2003, and he continues to remain an active member and leader of the organization. Nathan’s efforts in developing the EDWBA have had a substantial impact upon the federal judicial system in the Eastern District and Wisconsin’s legal community. Without his efforts and commitment, the EDWBA would not be the successful, thriving, and growing group that it is today. The EDWBA, with approximately 450 members, has become one of the largest voluntary bar associations within the State of Wisconsin. Thanks to the vision and tireless efforts of Nathan in forming the EDWBA and serving this important need, the EDWBA is a great success. It has an executive director, sponsors continuing legal education and bench-bar programs, publishes an electronic newsletter, recently developed a website and an hosts an annual meeting. Nathan is a shareholder of Whyte Hirschboeck Dudek S.C. where his practices focuses upon complex civil and white collar litigation as well as representing professionals, businesses, and governmental entities. Before entering private practice in 1993, Mr. Fishbach was with the United States Attorney’s Office for the Eastern District of Wisconsin, where he held the positions of Interim United States Attorney, Deputy United States Attorney, Civil Division Chief, Special Litigation Counsel and Assistant United States Attorney. Nathan has been an active member and leader of many professional associations and community organizations in addition to the EDWBA. He is a past Chair of the State Bar of Wisconsin’s Board of Governors and member of the Board of Governors and a Past President of the Milwaukee Bar Association. Among his many community activities, he is President of the Nicolet High School Foundation and Chair-Elect of the Board of Directors of Jewish Family Services, He has received numerous awards throughout his career, including receiving the President’s Award from the State Bar of Wisconsin on three occasions and the Lawyer of the Year Award from the Milwaukee Bar Association on two occasions.
Electronic Filing in the Bankruptcy Court On January 1, 2008, the bankruptcy court for the Eastern District of Wisconsin instituted mandatory electronic filing. This means that, as of that date, attorneys no longer have the option of filing paper documents in the Eastern District. All filings–including petitions, schedules, pleadings, motions, correspondence, proposed orders and other documents–must be filed electronically, using the Case Management/Electronic Case Filing system. A large number of other districts have implemented mandatory e-filing, including several districts which neighbor the Eastern District. Indeed, the district court for the Eastern District of Wisconsin has had mandatory e-filing for several years. Many practitioners find that once they and their staff members have grasped the technique, e-filing makes the job of filing documents quicker, easier and more convenient. Many attorneys who practice frequently in the district had been using electronic case filing for quite some time prior to January 1, 2008. Some of you may have received training at some point, but had not started using the system prior to January 1. And some of you may not have received training on electronic filing at all. Regardless of which category you find yourself in, the court wants to help you become as comfortable as possible with e-filing procedures. The clerk’s office training staff continues to provide in-depth training sessions, free of charge, to attorneys and their staff members. If you would like to sign up for the more in-depth training, give a call to Jennifer Michaels at (414) 297-3291 x 3096 or Jason Pilmaier at (414) 297-3291 x 3063, and they will be happy to schedule an appointment for your training session. In addition, the clerk’s office continues to provide a telephone help line to answer questions about electronic filing. If you have such questions, you can contact the help line at (414) 297-3291 x 3200. The court has recognized that there may be special cases in which it is appropriate for an attorney to obtain an exemption from the mandatory e-filing requirement. If an attorney feels that cause exists for such an exemption, that attorney may provide a written explanation of the cause to Chief Judge Margaret Dee McGarity. Chief Judge McGarity will determine, on a case-by-case basis, whether that attorney will receive an exemption. And in cases where a true emergency exists, the court will accept paper pleadings without the attorney having to file a motion. Pro se debtors and creditors may continue to file conventional, paper documents. The court is confident that once practitioners become accustomed to the practice of e-filing, they will appreciate its convenience.
EDWBA Builds Partnership with Marquette Law School  On January 22, the Eastern District of Wisconsin Bar Association and the Marquette Law School co-sponsored a program at the Law School aimed at introducing law students to federal practice. On hand to give insight and information were District Court judges Charles N. Clevert and Lynn Adelman, magistrate judges Patricia J. Gorence and William E. Callahan and Bankruptcy Court Chief Judge Margaret Dee McGarity. Joining them were attorneys Scott J. Campbell, Nathan A. Fishbach, Robert L. Gegios and G. Michael Halfenger.
 Over 30 inquisitive students attended this lunch time program. After President Bob Gegios’ introductory remarks, students, seated at tables with each of the guests, began conversations. After 15 minutes, the students rotated tables, ensuring they would get several different perspectives of federal practice before the conclusion of the program. Table discussions were lively and students appreciated the opportunity to interact with the judges and attorneys alike. The EDWBA is appreciative of Dean Joseph Kearney and his staff for coordinating the event details as well as the enthusiastic participation of members of the bench and bar.
 Given the success of this first program, the EDWBA is again co-sponsoring a program with the Law School on April 8 regarding federal clerkships. Six current law clerks are serving as panelists. The goal of the program is to educate 2Ls as to the process of applying for clerkships and to inform both 2Ls contemplating a clerkship and current 3Ls who have accepted clerkships as to what to expect. The EDWBA is looking forward to another successful program.
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