BILL’S WORK PRODUCT

I have been privileged to author a great many appellate briefs, scholarly articles, white papers and research papers during my 40 year career as a lawyer. I will begin with a sampling of my work product produced during my tenure on the Judicial Council because I am very proud of the contributions I have made to the Council and the rules of civil procedure and evidence in Wisconsin.

A note is in order regarding the documents to the right of this page. Each document referred to below can be viewed or downloaded by the reader. Following each title referred to below the reader will find the appropriate number of the corresponding document at right. The reader can either click on the name of the document at right to view it in a browser window, or can download it to his or her computer.

THE JUDICIAL COUNCIL

I first became an ad hoc member of the Evidence & Civil Procedure Subcommittee of the Council in 2008 because of my extensive background in electronic litigation and e-discovery. I reviewed and wrote a number of memos during this period. An example is Comparative Analysis of Federal Rule 502 and Harold Sampson Trust v. Linda Gale Sampson 1979 Trust, 2004 WI 57 (Document 1). Eventually, this contributed to the development of Wisconsin’s latest e-discovery rule governing “claw backs” in Wisconsin.

I have spent countless hours preparing for and researching issues on the Council. An example of my work product in this regard is a 111 page memorandum I prepared entitled Multistate Survey: How other States Handle Impeachment by Evidence of Conviction of a Crime (Document 2), submitted to the Council on May 27, 2011. Another example of my Council work product is a 93 page memorandum entitled California’s Structured Settlement Protection Act (Document 3), submitted to the Council on April 6, 2013.

I have continued to contribute more than my share of work product to the deliberations of both the Council and the Evidence & Civil Procedure Subcommittee, including memoranda to the Chair of the Subcommittee, Professor Tom Shriner, involving spoliation, one dated October 4, 2013 (Document 4) and one dated October 31, 2013  (Document 5). I have written a number of other scholarly white papers that I used during my work on the Council, such as one entitled Preservation Duties in the Age of Electronic Discovery (Document 6).

SCHOLARLY ARTICLES AND PUBLICATIONS

I regret that due to Copyright restrictions I cannot include excerpts from the treatise I wrote with Professor Jay Grenig from the Marquette University Law School entitled e-Discovery & Digital Evidence. This treatise was first published by the Thomson Reuters Company back in 2005 and has been pocket parted every year since then, down to and including today. You can read more about this treatise at http://legalsolutions.thomsonreuters.com/law-products/Treatises/eDiscovery--Digital-Evidence/p/100002726.

In 2000 I received the Charles Dunn Award for Writing Excellence in the Wisconsin Lawyer from the Wisconsin State Bar. Over the years I have written numerous articles for The Wisconsin Lawyer. For example, I co-authored a series of articles with Marquette University Law Professor Michael McChrystal, including the following: Document Destruction and Confidentiality, (Document 7) published in the August, 1998 Wisconsin Lawyer; Invasions of Computer Privacy, (Document 8) published in the October, 1998 Wisconsin Lawyer; Search and Seizure of Computer Data, (Document 9) published in the December, 1998 Wisconsin Lawyer; Coping with Employee Email, (Document 10) published in the March, 1999 Wisconsin Lawyer; Regulating Electronic Commerce, (Document 11) published in the June, 1999 Wisconsin Lawyer; Laptop Litigation, (Document 12) published in the September, 1999 Wisconsin Lawyer; Carnivores, Cyber Spies & the Law, (Document 13) published in the February, 2001 Wisconsin Lawyer.

In 2004 I authored a lengthy article in the Wisconsin Lawyer entitled Electronic Evidence in the Twenty-First Century, (Document 14) published in the July, 2004 Wisconsin Lawyer. In 2013 I Co-authored an article with Milwaukee County Circuit Court Judge Richard Sankovitz and Marquette University Law School ProfessorJay Grenig entitled Panning for Gold: Social Networking’s Impact on e-Discovery, (Document 15) February, 2011 Wisconsin Lawyer

I have also presented at numerous CLE programs over the years, primarily dealing with electronic litigation and e-discovery (Documents 16 & 17).