8:00 – 8:30 a.m.
JOIN ONLINE

8:30 – 8:45 a.m.   
Welcome and Introduction
– Christopher Bowman, Appellate Practice Institute Chair
– Erica A. Holzer, MSBA Appellate Practice Section Chair

8:45 – 9:15 a.m.   
A Message from the U.S. Courts of Appeals for the Eighth Circuit
– Chief Judge Lavenski R. Smith
… And the Minnesota Supreme Court
– Chief Justice Lorie Skjerven Gildea
… And the Minnesota Court of Appeals
– Chief Judge Susan Segal

9:15 – 10:15 a.m.
KEYNOTE ADDRESS
Supreme Court Practice in 2022
Former Acting Solicitor General of the United States, Neal Katyal, will discuss his career path to becoming a successful Supreme Court advocate, recent changes in the Supreme Court, and emerging appellate issues.
– Neal Katyal

10:15 – 10:25 a.m.
BREAK

10:25 – 11:25 a.m.
The Duty of Candor on Appeal
1.0 ethics credit applied for
Fundamental to a lawyer’s professional responsibility is the duty of candor to the court. Yet, that requirement is at times in tension with strong advocacy, and appeals present unique challenges. When should you include unfavorable facts in briefing and argument? If the opposing side fails to cite caselaw helpful to their claim, are you obligated to highlight it? What are the strategic concerns and practical ramifications at play? This experienced group of panelists will explore these issues and other ethical concerns when advocating on appeal.
– Justice Natalie E. Hudson, Judge Jeffrey M. Bryan & Peter R. Marker
– Robin M. Wolpert (moderator)

11:25 – 11:30 a.m.
BREAK

11:30 a.m. – 12:30 p.m.
Effective Openings and Closings in Oral Arguments
This panel features distinguished practitioners and jurists who will share their insights on what makes a strong opening and closing in oral argument. Attendees will hear a variety of perspectives from oralists who have argued at all levels of the state and federal judiciaries. This program will also include example recordings from notable cases and our prolific panelists’ commentary on the same. Attendees will gain useful strategies and tips on how to effectively open and close at oral argument.
– Judge Diane B. Bratvold, Rachel F. Bond, Aaron D. Van Oort, Nicole A. Saharsky & Katherine S. Barrett Wiik
– Kyle R. Kroll (moderator)

12:30 – 1:00 p.m.
LUNCH BREAK

1:00 – 2:00 p.m.
Precedent, Power, and the Minnesota Appellate Courts
A distinguished panel of jurists will discuss the timing and dynamics of precedent creation, the division of power between the state appellate courts, and the role of courts in making law.
– Justice Margaret Chutich, Judge Michelle Larkin & Former Chief Judge Edward J. Cleary (ret.)
– Erica A. Holzer & Jenna Yauch-Erickson (moderators)

2:00 – 2:10 p.m.
BREAK

2:10 – 3:10 p.m.
BREAKOUT SESSION A

101 – Basics
The Nuts and Bolts of an Appeal – Learn the Basics of How to Succeed at the Appellate Courts
This session will provide an overview of how to do an appeal from the important dates and deadlines, the technical rules, to crafting effective arguments. Learn tips and strategies on how to frame your client’s issues in a persuasive manner and what common pitfalls to avoid.
– Nicole A. Kettwick & Isabel L. McClure

102 – Intermediate/Advanced
Demystifying Extraordinary Writs
Writs of prohibition and mandamus are reserved for extraordinary situations. But these circumstances do arise in some cases. Join a group a group of experienced, knowledgeable panelists for a discussion about extraordinary writs, when they should be pursued, strategies for seeking and defending against them, and what is considered when they are granted or denied. The presenters will discuss writ practice in both criminal and civil matters, and in both state and federal courts.
– Chief Judge Susan Segal, Michelle K. Kuhl & Jonathan P. Schmidt 
– Adam E. Petras (moderator)

103 – Special Interest
Criminal Law Update
This session will cover the constitutional law issues that have emerged in criminal proceedings during the COVID-19 pandemic, including speedy trial, witness confrontation, and courtroom closures.
– Rebecca Ireland & Todd P. Zettler

3:10 – 3:20 p.m.
BREAK

3:20 – 4:20 p.m.
BREAKOUT SESSION B

201 – Basics
Minnesota Supreme Court Update
Learn about the most important Minnesota Supreme Court cases from 2021, as well as high-level notes on how 2021 differed from 2020 at the Court. In particular, presenters will summarize key decisions regarding criminal law, environmental and energy, pleading standards, employment, and constitutional law, and share takeaways on how they affect your practice.
– Solicitor General Liz Kramer, Angela Behrens, Peter J. Farrell, Cicely R. Miltich & Edwin W. Stockmeyer

202 – Intermediate/Advanced
Administrative Appeals – Anything But “Administrative”!
Although the category of “administrative” appeals may imply they are simple and straightforward, nothing could be further from the truth. In recent years, appeals of agency decisions have increased in complexity, scope, and ramifications. This panel of distinguished attorneys will offer useful guidance on the process, standards of review, and particulars of administrative appeals. Attendees will learn essential tools for handling administrative appeals in their own practice.
– Thomas H. Boyd, Ann E. Cohen, Kari T. Crone & Christopher M. Kaisershot 
– Kyle R. Kroll (moderator)

203 – Special Interest
Maximizing Your Chances of Success in Family Law Appeals
This session will discuss topics unique to family law appeals. Learn about the top trends, the family law appellate mediation program, and the best strategies for handling appeals in this area of law.
– Michael P. Boulette & Elizabeth M. Cadem

4:20 – 4:30 p.m.
BREAK

4:30 – 5:00 p.m.
A Fireside Chat with Justice Gordon L. Moore, III
Hear reflections on appeals and get to know Justice Moore during the traditional Fireside Chat.
– Justice Gordon L. Moore, III
– Travis J. Smith (moderator)

LIVE SIMULCAST
Friday, February 25, 2022
Attend online

$295 MSBA members / $295 paralegals / $345 standard rate

Other discounts that may apply:

• Discounted Rate for Public Interest Attorneys
  Persons who work for the government, public institutions or nonprofit organizations are eligible for a discounted tuition rate of $100. This special tuition rate is co-sponsored by the MSBA Appellate Practice Section and is limited to the first 40 qualifying applicants. Please email customerservice@minncle.org or call 800-759-8840 to apply.
• Season Pass Discount
• New Lawyer Discount

Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.

Minnesota CLE is applying to the Minnesota State Board of CLE for 7.0 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 7.0 credits.

Minnesota CLE also has applied to the Minnesota State Bar Association for 7.0 civil trial specialist credits.