Celesq® Attorneys Ed Center
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Programs in Dispute Resolution

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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CFIUS and Foreign Investment in the United States: Navigating a New Regulatory Regime (05/06/2020)

Program Number: 3089 Presenter: Tyler Grove, Esq., Sydney Stringer, Esq.

Since the 1980s, the Committee on Foreign Investment in the United States (CFIUS) has had the power to review and block certain transactions by foreign parties in the United States that have raised “national security” concerns. Since the Foreign Investment Risk Review Modernization Act (FIRRMA) became law in August 2018, and new regulations implementing FIRRMA became effective in February 2020, the scope CFIUS’s jurisdiction has broadened dramatically, and CFIUS has increasingly used this jurisdiction to block proposed investments and even require divestment of consummated transactions. This presentation will provide an overview of the new regulations applicable to foreign investment review; summarize recent enforcement actions and trends; and provide practical guidance for navigating this complex regulatory environment.

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The Law of Insider Trading: Why It Is Such a Mess (05/05/2020)

Program Number: 3085 Presenter: Tai H. Park, Esq.

This program will explain the principles of the insider trading law under Section 10(b) of the Securities Exchange Act and describe why it has proven to be so difficult to apply consistently. In recent years, the underlying, conceptual problem in the law was highlighted when judges of the Second Circuit sharply disagreed with each other in two high profile cases. In U.S. v. Newman, a unanimous panel reversed the conviction after trial of two hedge fund portfolio managers, declaring that their alleged insider trading conduct was in fact not illegal. Just a few years later, in U.S. v. Martoma, a different panel of Second Circuit judges affirmed the conviction of another portfolio manager as it disagreed with the thrust of the Newman opinion. A dissenting judge in Martoma wrote a vigorous dissent accusing the majority of flatly contradicting Newman. This split remains unresolved. In a new Second Circuit

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Introduction to Whistleblower Laws (12/11/2020)

Program Number: 30277 Presenter: Shauna Itri, Esq.

A whistleblower or qui tam action can provide financial rewards to individuals who have information that a company/individual has committed fraud. The primary statutes under which this relief may be sought are the federal and state False Claims Acts (“FCAs”), which are not specific to any particular type of fraud. In addition to the FCAs, there are other statutes which apply to tax fraud, securities fraud, and in California, fraud on private insurance companies. This practical Course will provide attorneys with an overview of the whistleblower laws, the knowledge and skills to be able to recognize a potential whistleblower case, and understand the unique procedures utilized in filing whistleblower cases/tips.

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How to Ethically Protect and Secure Communication in Online Dispute Resolution (11/17/2020)

Program Number: 30271 Presenter: Leslie Berkoff, Esq., Brent O. E. Clinkscale, Esq., Michael Kreitman, Esq., Michael Powell, Esq.

This webinar will review key ethical concerns related to virtual and online mediations and provide practice tips as to how attorneys can collaborate with client representatives, communicate with the other parties and the mediator in an effective and confidential fashion. The panel will review the ethical concerns raised by the foregoing and discuss Rules 1.1 and 1.6 of the Model Rules of Professional Responsibility.

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Why the Equal Rights Amendment Still Matters, and How Lawyers Are Leading the Effort (10/05/2020)

Program Number: 30236 Presenter: Linda T. Coberly, Esq., Thomas P. Fitzgerald, Esq.

Nearly fifty years ago, Congress passed the Equal Rights Amendment with overwhelming support from both sides of the aisle and sent it to the states for ratification. By the late 1970s, 35 states had ratified—three short of the 38 required for a constitutional amendment. Now, the ERA is surging forward once again. Since 2017, three additional states have ratified, passing the constitutional threshold. The House of Representatives has voted to remove the time limit imposed in the 1970s—with a similar bill pending in the Senate—and the Attorneys General of the three most recent ratifying states (Virginia, Illinois, and Nevada) have filed a lawsuit challenging the time limit’s effectiveness. In this special program, you will learn about why ratifying the ERA is still important and necessary, what the ERA would (and would not) accomplish, and why it is not too late. You will also learn about the role lawyers are

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Reducing Regulatory and Liability Risks by Preparing for an FDA Facility Inspection and Responding to a 483 Letter (09/01/2020)

Program Number: 30210 Presenter: J. Lee Gray, Esq., Brent Johnson, Esq., Kristy M. Kimball, Esq.

In addition to evaluating data from adverse event reports, the bulk of FDA's regulatory enforcement comes from its facility inspections and resulting 483 reports. Such regulatory enforcement actions not only carry financial risks of regulatory non-compliance, but can also directly impact product liability risks as well. This practical webinar will cover numerous aspects of preparing your drug or medical device establishment for a successful FDA facility inspection and responding to any post-inspection 483 letters. The key to a successful inspection strategy is adequate preparation and implementing the inspection plan before FDA knocks on your door. Attendees will learn: • Potential product liability issues stemming from a 483 report; • What to expect during the inspection; • Strategies for preparing for an inspection; • What to expect after the inspection; and *Strategies for responding to any deficiencies noted in a 483 report

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Effective Mediation Part 3 - Overcoming Unrecognized Emotions in Mediating Commercial Disputes (06/01/2020)

Program Number: 3021 Presenter: Leslie Berkoff, Esq., Elizabeth Shampnoi

Emotions are not relegated to personally identifiable disputes, such as employment, personal injury or matrimonial. Oftentimes, the parties to a commercial dispute are harboring unrecognized emotions arising from the dynamics of the events leading up to the dispute, the interactions between the parties as well as the impact of the subject matter of the dispute at hand. Failing to identify and recognize these emotions impedes the ability of the parties to address them in a way that allows the parties to focus on the overarching business dispute. By recognizing and addressing emotions, the parties can move towards a more level playing field of negotiation and adequately address the dispute between them. As long as these emotions remain unnamed and unmanaged, getting to "yes" or some form of resolution may be impossible. This program will explore the means to identify and recognize emotions in commercial disputes, and provide tools to foster

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Courageous Conversations about Diversity, Equity, and Inclusion: Strategies to Increase Effectiveness (08/13/2020)

Program Number: 30197 Presenter: Tiffani G. Lee, Esq., Dianne R. Phillips, Esq.

As this nation continues to deal with issues of race and racism associated with the COVID-19 pandemic and the recent police killings of Black people, there is a greater need for lawyers, law firms, and corporate legal departments to engage in more open, transparent, and candid conversations to increase our understanding of the issues and lay the groundwork for solutions. Lawyers at all levels and in all capacities are being brought into conversations about race and racism specifically as well as other topics related to diversity, equity, and inclusion. But such workplace conversations – courageous conversations - can be challenging for some and downright scary for others. In this live audio webcast, Tiffani Lee and Dianne Phillips, partners at Holland & Knight LLP who have led its diversity, equity, and inclusion efforts for many years, will discuss the importance of having courageous conversations now, some of the challenges or obstacles to courageous

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Understanding and Avoiding Corporate Criminal Liability (09/16/2020)

Program Number: 30185 Presenter: Carolyn H. Kendall, Esq.

Despite the Department of Justice’s (DOJ) recent focus on prosecuting individuals involved in corporate malfeasance, set out in the “Yates Memo,” corporate criminal liability remains a concern for all companies and organizations, and prosecuting corporate wrongdoers continues to be a high priority for the DOJ. This program will explore: • The foundational principles of corporate criminal liability, including the factors prosecutors consider when making charging decisions and the potentially available sanctions in light of applicable U.S. Sentencing Guidelines. • The critical role that compliance programs play in mitigating the risk of criminal enforcement. • The DOJ’s recently-updated compliance program evaluation guidance. • Practical steps to improve clients’ compliance functions based on recent enforcement actions.

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Must Lawyers Now Affirmatively Challenge Their Clients? — New ABA Guidance (06/08/2020)

Program Number: 30157 Presenter: Daniel R. Alonso, Esq., Joel Cohen, Esq., Michael S. Ross, Esq.

Lawyers are trusted keepers of their client’s secrets, but sometimes a lawyer might suspect that the client is seeking the lawyer’s advice or assistance to carry out a transaction that is criminal or fraudulent. Existing Rule 1.2(d) of the American Bar Association’s Model Rules of Professional Conduct prohibits lawyers from counseling clients to engage in activity the lawyer knows is fraudulent. But what if the lawyer strongly suspects nefarious aims, but does not have actual knowledge? On April 29, 2020, the ABA issued Formal Opinion 491, in which it advised that lawyers have a duty to inquire further if the facts known establish a “high probability” that the client is seeking to use the lawyer’s services to commit a crime or a fraud. The panel of distinguished ethics professionals will explore the contours of this duty to inquire, with concrete guidance and examples of scenarios in which the issue

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