Celesq® Attorneys Ed Center
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Programs in Trial Skills

Programs are available online to all firms wishing to assist their attorneys in obtaining their CLE credits. Please email customer.care@celesq.com to obtain a coupon code for your firm. Once an attorney has completed a program, your firm will be billed $30 each for the cost of each certificate which will be issued as a download once the attorney has completed the affirmation for the particular program. CDs will be available for all programs upon request. Please email customer.care@celesq.com to purchase CDs for any course. Cost will be $95.00 per CD, plus shipping and handling.

PROGRAMS ARE NOT AVAILABLE UNTIL AFTER THE PROGRAM DATE – IF THE ONLINE PURCHASE BUTTON IS NOT SHOWING – THE PROGRAM IS NOT YET AVAILABLE FOR LISTENING. PLEASE DO NOT ADD AUDIO TAPE TO YOUR CART AS THE PROGRAM IS NOT YET AVAILABLE. ONLY ADD TO YOUR CART IF YOU SEE ‘ONLINE AUDIO’ - THANK YOU SO MUCH!

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Legal and Ethical Issues in Capacity and Mental Health Law (05/12/2020)

Program Number: 3093 Presenter: Carolyn Reinach Wolf, Esq.

Lawyers should be familiar with the standards of capacity for specific legal transactions under relevant statutes and case law. This includes areas such as contracts, criminal law, executing advance directives and guardianship proceedings. We will discuss the “red flags” or signs of “diminished capacity” that a lawyer may observe in a client as well as the ethical guidelines for assessing capacity in accordance with ABA Model Rules of Professional Conduct, Section 1.14. Last, we will explore the “Mental Health Legal Tool Kit”, offering creative legal solutions to difficult mental health issues.

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Pay Equity Audits and Defense Strategies in Litigation (04/22/2020)

Program Number: 3088 Presenter: Brian D. Murphy, Esq.

This program will address two facets of one of the most pressing issues in the workplace today: pay equity among males and females. This program will provide an overview of the issue and current legal landscape, it will discuss how to effectively perform a pay equity audit to allow employers to identify any pay equity issues among their workforce, and it will address the theories of liability that an employer must be prepared to defend against in pay equity litigation. **Note from Presenter Brian Murphy I am pleased to announce that two colleagues and I co-authored the Employer’s Guide to COVID-19 and Emerging Workplace Issues, published today and available through Castle Publications (https://castlepublications.com/). This is a critical, timely, and useful resource that, over the course of 14 Chapters and nearly 500 pages, covers every conceivable intersection between COVID-19 and federal, California, and NY employment laws. The Guide was designed

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Practical and Procedural Considerations for Domestication of Sister-State and Foreign Judgments in New York (06/25/2020)

Program Number: 3083 Presenter: Jason S. Giaimo, Esq., Chester Ostrowski, Esq.

As the name suggests, this continuing legal education program provides practical and procedural considerations for domestication of sister-state and foreign judgments in New York. The program focuses on both sister-state judgments entered after the defendant’s appearance, as well as those judgments entered on default, and the practical considerations associated with these different types of judgments. The program also addresses domestication of foreign country money judgments, as well as non-monetary judgments. The program aims to provide litigants with real-world, practical advice and tips in navigating the often-used, but murky procedural devices for domestication of sister-state and foreign judgments in New York.

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Conscience Exemption in the Supreme Court, Past and Present (08/05/2020)

Program Number: 3082 Presenter: William M. Pinzler, Esq.

For decades, the Courts, especially the Supreme Court, have been asked to balance the demands of people with sincerely held religious beliefs with the laws of an ordered society., Most recently religious conservatives have been pressing for a greater acceptance of their view that any kind of “sincere” religious belief should exempt them from conduct that they consider to interfere with those beliefs. This podcast and accompanying material will review how sincere religious beliefs have been examined during the 20th and 21st century, including claims of conscientious objection, with a focus on recent Supreme Court cases.

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The Conservative Case for Class Actions (03/10/2020)

Program Number: 3068 Presenter: Professor Brian Fitzpatrick, Esq.

In this program, Professor Fitzpatrick discusses his new book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick argues that conservatives and libertarians should prefer private enforcement of the law to the only viable alternative—more government—for the same reason they prefer other private sector solutions to problems. Although he thinks our class action system is not perfect, he gathers data to show that it is working much better than people think. At the end of this program, participants will: 1) understand the theoretical advantages and disadvantages of government versus private enforcement, 2) learn the data comparing government enforcement to class actions, 3) learn the data on how many class actions are meritless, how much attorneys are paid in class actions, and how class actions deter misconduct, and 4) understand class action legal doctrines and how they might be improved.

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Second Circuit Endorses New Criminal Theory for Insider Trading Prosecution (02/18/2020)

Program Number: 3060 Presenter: John Carney, Esq., Jonathan Forman, Esq., Jonathan New, Esq.

This program will discuss the recent groundbreaking decision United States v. Blaszczak in which the United States Court of Appeals for the Second Circuit affirmed – for the first time ever – an insider trading conviction without proof of a personal benefit to the insider or tipper. Attendees will learn how this decision builds on recent insider trading decisions to further expand insider trading liability in significant ways and how they should respond to it to bolster their companies’ compliance programs.

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The Courtroom is my Theater (03/24/2020)

Program Number: 3059 Presenter: Jay Goldberg, Esq., Alex Huot, Esq.

Trial Lawyers Need to Understand the Doctrine of Constructive Amendment of an Indictment and How the Failure to Do so May Result in the Conviction of Violation of a Defendants Fifth Amendment Rights. The Fifth Amendment guarantees defendant the right to be tried for only those offenses presented in the indictment returned by a grand jury. One must be careful to recognize when the evidence presented at trial proves a crime different from any one charged in the indictment. Do the jury instructions broaden the scope of the indictment by permitting conviction for an uncharged offense? Jury instructions may cure an allegedly amended indictment by limiting the charges on which the defendant may be convicted. A variance occurs when the evidence at trial proves facts other than those alleged in the indictment. How does one distinguish an amendment from a variance? Fifth Amendment rights are at issue.

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Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes (04/30/2020)

Program Number: 3054 Presenter: Raman N. Dewan, Esq., Christopher J. Rourk, Esq.

Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes. In Romag v. Fossil, the parties have found themselves heading to the Supreme Court to resolve a legal issue. Is that because there is a split in authority between the circuits, or because the agreement failed to protect against the dispute? This webinar will discuss key clauses where such disputes are likely to arise and will address due diligence and drafting best practices that can help to identify such issues and prevent extended and expensive litigation. Many of these issues relate to patents, copyrights, trademarks and trade secrets, and the webinar will help the general practitioner to identify the key issues pertaining to each of these four types of intellectual property and to avoid wasting time and negotiating positions arguing over issues that are not important.

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Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White-Collar Attorneys (02/25/2020)

Program Number: 3048 Presenter: Evan P. Singer, Esq.

Today, corporations routinely conduct internal investigations, and those investigations serve a multitude of different purposes. In many circumstances, the corporation intends to conduct the investigation in such a way that communications will be protected by the attorney-client privilege and/or the attorney work product doctrine. Waiver of those protections, however, remains a possibility if the investigation isn’t designed and conducted with an eye to preserving privileges. In this program, Jones Day partner Evan P. Singer will (i) review fundamentals of attorney-client privilege and attorneys’ work product, including their application in ABA Model Rule 1.06 (Confidentiality of Information), ABA Model Rule 1.13 (Organization as Client), Federal Rules of Evidence 501, 502, Federal Rule of Civil Procedure 26(b)(3), as well as certain foundational cases, including Upjohn and In re KBR, (ii) discuss more recent cases discussing the application – and potential waiver of – attorney-client privilege and/or work product in the context of internal investigations, and (

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Developments in Standard Essential Patents (11/04/2020)

Program Number: 3042 Presenter: Robert Stoll, Esq.

Please join Bob as he discusses the evolution of the standards in the Administration and recent developments in the US Courts on Fair, Reasonable and Non-Discriminatory licensing as well as developments on worldwide licensing of patents that are needed to operate the standards. Bob will focus on 5G as an example of a standard.

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