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Programs in Litigation & Litigation Skills



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Remedies in Trademark Infringement Litigation

Program Number: 2741IP Presenter: Anthony F. Lo Cicero, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** When planning litigation for trademark infringement, attorneys should consider the nature of the remedies available, legal and equitable. These remedies, if obtained, will often determine success or failure in the eyes of the client. Anthony Lo Cicero of Amster, Rothstein & Ebenstein LLP explains the ways to obtain available remedies, preliminary and permanent injunctive relief, destruction of merchandise, awards of actual and statutory damages, disgorgement of profits and more.

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How Does Employment Practices Liability Insurance Affect Your Employment Cases? What In-House and Outside Lawyers and Litigators Should Know

Program Number: 2740 Presenter: Ann Kotlarski, Esq., Judicate West

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Good news: you were just retained to handle an employment dispute. You soon learn the employer has employment practices liability insurance (EPLI). How does EPLI impact the way that you evaluate, litigate, mediate, and try employment cases? Ann Kotlarski, a former successful employment and business/commercial trial lawyer, and currently a mediator and arbitrator, describes the ins and outs of handling EPLI covered claims, provides practical pointers, and addresses the legal issues that arise from the inception to the conclusion of an insured employment case.

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Trading in Opaque Markets: False Statements, Materiality and Securities Fraud

Program Number: 2736 Presenter: Thomas O. Gorman, Esq.

The Department of Justice (DOJ) and the Securities and Exchange Commission (SEC) have brought four cases charging six traders from two major firms with fraud. The actions are all similar, claiming that the traders made multiple misrepresentations when dealing with counter parties in either the residential mortgage-backed securities (RMBS) or commercial mortgage backed securities (CMBS) markets. The misrepresentations are detailed in electronic communications. Two criminal cases have, however, ended largely in acquittals. Yet the government continues. In this program, Tom Gorman critically examines these cases, distilling important lessons for trading houses and their compliance professionals while pointing to a likely area of future focus for the SEC inspection program.

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Securities Issues and the Supreme Court: A Look Back and Ahead

Program Number: 2735 Presenter: Thomas O. Gorman, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In the 2016-2017 term, the Supreme Court handed down decisions in cases such as Kokesh and Salman that may well have a far reaching impact on securities litigation and SEC enforcement. This term promises to have additional important decisions. In the October term, the High Court has already agreed to hear cases such as Digital Realty, which will consider a critical issue regarding whistleblowers, and Leidos, regarding whether Section 303 creates an actionable duty to disclose in class actions. Join Tom Gorman as he reviews the key decisions of last term and previews those coming in the term which will start in October 2017.

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Depositions for Discovery and Trial: An Advanced Look

Program Number: 2734 Presenter: Michael H. Ginsberg, Esq., Thomas Jackson, Esq. Retired

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Tom Jackson and Mike Ginsberg discuss preparing for and taking depositions for the dual purpose of discovery and preparing for trial. The focus is on the different parts of the deposition, including fact gathering, fact development, exhaustion of the witness' knowledge, and theory testing, and special attention is given to the form and precision of the questioning so as to lock in the witness' testimony for summary judgment motions and trial impeachment, if necessary. Topics covered also include: depositions of experts, and the differences between the deposition of an expert and the deposition of a percipient witness or company representative, and depositions of corporate representatives pursuant to Federal Rule of Civil Procedure 30(b)(6) and state equivalents. An essential program for any attorney involved in litigation, discovery and/or

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Representing the Difficult Client: Ethical Considerations for All Attorneys

Program Number: 2732 Presenter: Steven C. Bennett, Esq., Park Jensen Bennett LLP

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** In this important program for all lawyers, Steve Bennett tackles the thorny issue of difficult clients, and covers the ethical considerations for dealing with them. Topics covered include: identifying the difficult client; managing expectations; withdrawal methods; and risk management techniques. ABA Model Rules addressed include: 1.1 (competence); 1.6 (preserving confidentiality); 1.14 (client with diminished capacity); 1.16 (withdrawal from representation); 5.1 (responsibility of supervising lawyers); 5.4 (professional judgment); 6.1 (pro bono service) Opinions discussed include In re Gonzalez, 773 A.2d 1026 (D.C. 2001); In re Shipley, No. D-2827 (S. Ct. 2014).

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Representing the Client under the Common Interest or Joint Defense Privilege: How Attorneys Should Meet their Ethical Obligations

Program Number: 2731 Presenter: Evan P. Singer, Esq., Arielle S. Tobin, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** The common interest privilege, also known as the joint defense privilege, the allied litigant doctrine, the pooled information privilege, and others, generally allows “persons who have common interests to coordinate their positions without destroying the privileged status of their communications with their lawyers.” Restatement (Third) of the Law Governing Lawyers § 76 cmt. b. In this program, Jones Day partner Evan P. Singer and associate Arielle Tobin: (1) discuss the source and history of the common interest privilege, (2) define the elements required to establish the privilege; and (3) address the ethical issues confronting attorneys, including maintaining the confidentiality of client communications, avoidance of conflicts and not acting adversely to the client’s interest. ABA Model Rules covered include 1.6, 1.7(b)(4), and 1.13. Ethics opinions covered include District of Columbia Ethics Opinion 349 and ABA Opinion 95

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Recent Developments in M&A Litigation

Program Number: 2730 Presenter: Evan P. Singer, Esq.

In this program of particular interest to in-house, corporate, securities and transactional counsel and litigators, Jones Day partner Evan P. Singer discusses key cases like Aruba Networks, Trulia, Walgreens and Gordon v. Verizon, as well as recent developments regarding the common interest privilege under New York law.

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Ethics Developments in IP Practice-2017

Program Number: 2727IP Presenter: Anthony F. Lo Cicero, Esq.

Anthony Lo Cicero of Amster, Rothstein & Ebenstein, LLP, discusses recent developments in the law of ethics as it applies to intellectual property, including such subjects as formation and termination of the client relationship, under, e.g. ABA Rules 1.16, 1.18; duties owed to current and former clients under Rules 1.7-1.9; the bases for disqualification and the ever-challenging issue of subject matter conflicts, including developments after the decision in Maling v. Finnegan Henderson, 473 Mass. 336 (2015).

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Post-Grant Patent Office Proceedings After the AIA: Lessons from the First Five Years

Program Number: 2724IP Presenter: Brian A. Jones, Esq., Amol Parikh, Esq.

The creation of Inter Partes Review (IPR), Post Grant Review (PGR), and Covered Business Method Review (CBMR) has drastically impacted and shifted patent litigation strategy since 2012. These proceedings have proven to be a relatively cost-effective approach for a party seeking to challenge the validity of a patent. But these proceedings are not without their critics, and numerous issues have developed relating to the authority of the Patent Office concerning grant or denial of institution, the applicable claim construction and invalidity standards, and the effect of estoppel, just to name a few. This presentation focuses on the evolution of Post-Grant Patent Office proceedings, recent reforms, current trends, and potential changes that may occur in the near future.

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