Celesq® Attorneys Ed Center
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Programs in Complex Resolution Strategy

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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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 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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Handling Death Cases in New York (12/04/2020)

Program Number: 30290 Presenter: Andrea Alonso, Esq.

There are two separate and distinct causes of action in death cases: survivorship cause of action and wrongful death. ● Survivorship cause of action belongs to the estate for decedent’s pain and suffering prior to death. ● Wrongful death cause of action belongs to distributees who have suffered pecuniary loss by reason of death. In any death case, there will be a unified trial. The Burden of proof is still the plaintiff’s, but not as high a burden as in death cases. For wrongful death damages, decedent’s estate is entitled to collect interest at the rate of 9% from date of death to date of judgment, governed by Section 5-4.2 of the Estates, Powers and Trusts Law (hereinafter the EPTL). Join Andrea Alonso as she helps attorneys to familiarize themselves with the two distinct causes of action and what is and is not recoverable under each.

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Relationships and Conflicts—How Friendly Is Too Friendly? (12/23/2020)

Program Number: 30281 Presenter: Daniel J. Siegel, Esq.

The American Bar Association Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” which is intended to address which relationships between counsel require client disclosure and which do not reach that level. While Model Rule of Professional Conduct 1.7 provides general guidance, the reality is far more challenging. This program will discuss the ethical and practical considerations lawyers confront, with colleagues who are friends, close friends, acquaintances, and those with whom the relationship is far more intimate.

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The Intersection Between Law & Medicine (11/05/2020)

Program Number: 30274 Presenter: Clifford A. Rieders, Esq.

This subject is a culmination of many years’ lecturing on the subject of law and medicine and how the two interact. Subjects covered include peer review; risks and complications; the value of good bedside manners; how to avoid medical malpractice; what to do about obstructive and difficult conduct; and many other areas. The course is useful not only to lawyers, but also healthcare professionals. The concept is that, except for a few physicians, much of what occurs in the law is alien to the medical profession. Likewise, lawyers have some difficulty in understanding the medical world. There is an intersection between these two fields based upon the requirement to work together on behalf of patients, medicine and the legal system. This seminar is intended to explore some of those topics in a novel, interesting and thoughtful manner.

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Problems and Challenges in Federal Criminal Trial Practice Resulting From COVID-19 (12/03/2020)

Program Number: 30265 Presenter: Michael J. Engle, Esq., Ann Flannery, Esq., Peter Vaira, Esq.

This session will explore the challenges and novel legal issues arising in Federal criminal trial practice and procedure stemming from the pandemic. We will explore a variety of legal issues arising from COVID restrictions including challenges to the empanelment and activities of grand juries; difficulties in handling discovery practice and proposed changes to Rule 16 and the Jencks Act; limitations on defense investigation, client consultation and witness interviews; speedy trial concerns; motions seeking to ensure a fair cross-section of the defendant’s community in jury selection; effective advocacy in the courtroom with social distancing and mask wearing; as well as the proper preservation of appellate issues.

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Evidence in a Nutshell: Rules You Need to Know (11/10/2020)

Program Number: 30244 Presenter: Philip Freidin, Esq., Reuben A. Guttman, Esq., J.C. Lore, III, Esq.

The days of thinking about the rules of evidence only when it is time for trial are gone. From pleadings to summary judgement, motions in limine and Daubert hearings, it is essential to know the rules of evidence. This one-hour CLE Program will focus on need to know evidentiary rules and cause you think differently about rules governing relevance, witness questioning, hearsay, and summaries of evidence. JC Lore is a Professor at Rutgers Law School, heads the Law School’s Advocacy Center and is the co-author of Modern Trial Advocacy (with Steven Lubet) and a soon to be published book, Pretrial Litigation, (with Reuben Guttman) Phil Freidin of Freidin & Brown and Miami has tried more than 300 cases including more than 200 jury trials and is one of the nation’s leading trial lawyers Reuben Guttman of Guttman, Buschner & Brooks, PLLC is — according to the International Business Times — one of the world’

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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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Environmental Justice and Infrastructure Siting in the Black Lives Matter Era (10/07/2020)

Program Number: 30228 Presenter: Simone Jones, Esq., Emily P. Mallen, Esq., Nicole E. Noelliste, Esq.

The year 2020 has ushered in change and great uncertainty and also seen the mainstream emergence of the Black Lives Matter (“BLM”) movement. Although the current landscape is fluid and still evolving, it seems certain that the BLM movement and the attention paid to systemic racism endured by people of color will have tangible effects on environmental justice – long believed to be an aspirational goal, rather than a concrete compliance point. Sidley Austin LLP attorneys Emily Mallen, Simone Jones, and Nicole Noelliste will analyze the potential implications of the BLM movement on pipeline infrastructure planning and major facility siting. After providing a background on environmental justice, they specifically will discuss relevant cases proceeding in courts, matters before the Federal Energy Regulatory Commission, and federal and state legislation. The attorneys also will provide meaningful ways that companies should consider engaging with communities of color and strengthening their partnerships with the communities they

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