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Programs in Texas Self Study



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Impeaching A Witness

Program Number: 2836 Presenter: Benjamin S. Fischer, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Witness Credibility in the Age of Trump: Does Lying Matter? The art of witness impeachment is time-tested trial tool to determine witness credibility in criminal and civil cases. In criminal cases, the government frequently utilizes the testimony of cooperating witnesses to secure convictions. In doing so, those witnesses acknowledge their past misdeeds, including instances of dishonesty and untruthfulness. While historically, prosecutors sought to brush aside those acts of dishonesty by emphasizing that those acts occurred before the witness entered into the cooperation agreement, in today’s environment, in which citizens are confronted with whether their politicians or media outlets are telling the truth, juries may be looking at a witness’s history of truth telling with very close scrutiny in making credibility determinations. This CLE will examine tactics

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Voir Dire: Skills and Techniques for Selecting a Jury

Program Number: 2835 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 **** Trials are often won or lost based on the jurors selected. Tom Jackson and Mike Ginsberg continue their trial skills series, this time focusing on the steps to successful jury selection. The program, which will help you select the right jurors, covers use of themes and analogies to weed out jurors with an unconscious bias against your client or your themes.

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Legal Issues for Lawyers Advising Clients Involved in Blockchain Technology

Program Number: 2833 Presenter: James A. Cox, Esq., Mark W. Rasmussen, Esq., Melissa Saldana, Esq.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Join our presenters for this important program for attorneys with clients whose businesses use blockchain technology. Topics include a brief overview of blockchain; recent developments in the law, including enforcement actions by federal and state regulators; private litigation; new legislation pertaining to blockchain businesses; and ethical issues for lawyers to consider, including ABA Model Rules 1.1, 1.2, 1.16 and 2.1.

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Cross Examination at Trial: The Art of Proper Questioning

Program Number: 2832 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 continue their series on various trial and litigation-related topics by focusing on cross examination skills in questioning witnesses at trials or hearings. The program addresses issues such as the lawyer’s demeanor, the language and word choices used, the tone of voice, the phrasing of questions, and the way to measure the importance of questions asked of witnesses.

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2018 Critical Tax and Planning Updates for Asset Protection, Estate Planning and Taxation Lawyers

Program Number: 2831 Presenter: Edward D. Brown, Esq., GreenspoonMarder, PA, Jacqueline Z. Fox, Esq., LL.M.

**** CD's are pre-order only and not available until after the program date - Online is not available until after the program date **** Edward D. Brown, Esq., LL.M., CPA and Jacqueline Z. Fox, Esq., LL.M. discuss latest legal and regulatory developments that have impacted the entire asset protection landscape. Topics include: • impact of changing trends, case law and banking procedures, which portend the future treatment of asset protection trusts by the U.S. court system; • 2018 changes in tax laws; • tax and filing requirements; and • selected recommendations and cautions, e.g., who should serve as protectors of an asset planning trust; where assets should be held and under whose control; what benefits and controls should a person retain with respect to trust assets; reasons why a U.S. trustee should be a part of an offshore trust; what income tax-related provisions should be in the trust instrument in light of

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A Proactive Approach to Cybersecurity: Latest Developments for Attorneys

Program Number: 2829 Presenter: Nick Akerman, Esq.

Nick Akerman, a nationally recognized expert on computer crime and the protection of competitively sensitive information and computer data, covers latest trends and developments for all attorneys on cybersecurity. Topics include: • The trend from reactive regulation to data compliance • Requirements of an effective data compliance program • Critical business functions to review to enhance cyber security • Regulatory change management—new developments with the SEC, FINRA and the New York State Financial Services law • Using criminal federal statutes—the Computer Fraud and Abuse Act and the Economic Espionage Act—to protect company data

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Digital Realty: How the Supreme Court’s Whistleblower Decision Impacts Internal Investigations and Corporate Policies and Procedures

Program Number: 2827 Presenter: Jennifer L. Berhorst, Esq. , Jennifer Kies Mammen, Esq.

In this program, of particular interest to in-house lawyers and litigators at public companies, our presenters address the Supreme Court’s recent decision in the Digital Realty Trust case favoring a narrow definition of “whistleblower” under the SEC’s Dodd-Frank Whistleblower Program. Topics include practical tips in conducting internal investigations and reviewing company policies and procedures in response to the Supreme Court’s decision.

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Intellectual Property Review 2017-18: Key Supreme Court and Federal Circuit Decisions

Program Number: 2826IP 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 **** In the Supreme Court’s 2017-2018 term, the intellectual property docket provided important precedent in areas as diverse as the constitutionality of post grant review proceedings (Oil States), the appropriate venue for patent infringement litigation (TC Heartland), and the exhaustion of patent rights (Impression Products). During this time, the Federal Circuit issued key decisions in Brunetti (registration of immoral or scandalous marks), Aqua Products (claim amendments in PRs) and Cray (venue). Join Anthony Lo Cicero of Amster, Rothstein & Ebenstein as he discusses the impacts of these cases.

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TROs and Injunctions: A Refresher for In-House and Outside Lawyers

Program Number: 2825 Presenter: David Silva, Esq., Evan P. Singer, 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 this program for all in-house and outside lawyers and litigators, Evan Singer and David Silva, Jones Day, discuss the ins-and-outs of seeking a TRO, temporary injunction, and permanent injunction in Federal and State courts. Topics include an overview of the various forms of relief; ethical and strategic considerations to review prior to seeking an injunction; the mechanics of applying for relief; and practice tips to consider when seeking injunctive relief.

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Ethical Issues in Mediation: Practice Pointers for Counsel and Mediators

Program Number: 2824 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 **** For most lawyers involved in dispute resolution (and many practicing in other areas of the law), mediation is an inevitable aspect of professional experience. Mediation, however, involves roles and relationships that can vary greatly from “standard” elements of practice, and presents new ethical challenges for counsel. This program addresses fundamental ethics issues in mediation, and suggests practical solutions to the challenges presented by this unique environment. Model Rules discussed include: Rule 1.1: Competent representation Rule 1.12: Conflicts involving mediators Rule 2.1: Informing clients about mediation Rule 2.4: The role of the mediator Rule 4.1: Duty of truthfulness Rule 8.3: Reports of disciplinary violations Ethics opinions discussed include: ABA Opinion 06-439 ABA Settlement Guidelines (2002) In re RDM Sports, 277 BR 415 (Bankr. N.D. Ga. 2002) In re Waller, 573 A.2d 780 (D.C. 1990)

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