Celesq® Attorneys Ed Center
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Programs in Information Technology

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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To Embed, or Not to Embed, that is the Question (01/22/2021)

Program Number: 3114 Presenter: Michael D. Hobbs, Jr. Esq., Shaleen J. Patel, Esq.

A discussion on an increasingly tumultuous area of on-line copyright law. The discussion focuses on a trend where courts are increasingly allowing cases to proceed on the merits in instances of media publishers embedding, a practice of displaying content from one platform into another without actually hosting the underlying content. For years, such a practice seemed safe under the Ninth Circuit’s “server test.” However, districts in other circuits are rejecting that the server test is settled law and questioning the legality of embedding. As social media makes embedding content a more available feature, this broadcast discusses the risks of continuing to embed content without first acquiring permission and possible alternatives.

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How to Ethically Mitigate Risk in Remote Meetings and Depositions (01/12/2021)

Program Number: 3105 Presenter: Joanna Storey, Esq.

Many elementary school students have mastered the art of remote meetings during distance learning, but some seasoned lawyers still do not understand how to effectively use mute. In this 60-minute presentation, we navigate through the risky waters of using remote depositions and meetings in your law practice. We offer practical tips for meeting four primary ABA Model Rules of Professional Conduct: Competence (Rule 1.1), Communications (Rule 1.4), Confidentiality of Information (Rule 1.6) and Responsibilities Regarding Nonlawyer Assistance (Rule 5.3). The key takeaways will be understanding the technology, training, practicing and being mindful of your video and audio surroundings.

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The Shield Act: Are You Compliant (05/20/2020)

Program Number: 3077 Presenter: Nick Akerman, Esq.

On March 20th a new law in New York went into effect requiring all businesses holding personal data belonging to New York residents to institute specific data security measures. Known as the “Stop Hacks and Improve Electronic Data Security Act" (the “Shield Act”), this new statute will be enforced by the New York Attorney General and mandates that a company must implement a number of “administrative, technical and physical safeguards” and appoint an employee to manage the cybersecurity program. Among other changes, the new law expands the definition of personal information and the definition of what constitutes a data breach. Failure to comply with this new statute authorizes the Attorney General to obtain statutory damages and the actual damages to consumers.

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An Ethical Roadmap for Developing and Refining High-end Technology Competence (02/03/2020)

Program Number: 3046 Presenter: Kenneth Jones, Marina McGuire, Esq.

The American Bar Association first amended the comments to Model Rule 1.1 relating to technological change in 2012. This amendment imposed an ethical duty on lawyers to stay abreast of changes in technology. During the past eight years, almost forty state bar associations have updated the comments to their ethical rules to require lawyers to keep informed about technology changes. *Additionally, cloud computing is now increasingly prevalent in legal operations. To comply with Model Rule 1.6, which calls for lawyers to act competently to safeguard information relating to the representation of a client against unauthorized access, lawyers may wish to develop a basic understanding of how technology and cloud computing works and the associated risks to ensure data is securely stored with safeguards in place to protect that information. *To assist in compliance with ABA Model Rule 1.1 and 1.6, strong technology teams must be developed and maintained. This session focuses on some best practices

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Legal Elements of Cybersecurity (02/13/2020)

Program Number: 3040 Presenter: John Lande, Esq.

Rarely a day goes by without news about a cybersecurity incident affecting a national company. Fraudsters are targeting companies of all kinds and sizes with the goal of divesting companies of their money and confidential information. This presentation will discuss current cybersecurity legal issues through the lens of real case studies, and specifically cover: (1) current threats, (2) liability issues, (3) insurance coverage, and (4) mitigating legal cybersecurity risk.

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Understanding Your Obligations Under the Model Rules of Professional Conduct (01/07/2020)

Program Number: 3039 Presenter: Daniel A. Cotter, Esq.

The Model Rules of Professional Conduct changed in the last few years to take a more proactive approach to privacy obligations for lawyers, especially when it comes to the use of technology and client representation. All states have adopted changes to Rule 1.1 and more than half the jurisdictions have adopted Comment 8 to Rule 1.1, which addresses an ethical duty of technology competence. Rule 1.6(e) also changed and comments in many jurisdictions were added to address confidentiality concerns. Recently, the American Bar Association issued Opinion 477, dealing with Rules 1.1 and 1.6(e) and confidentiality of email communications with clients. In addition to the ABA and other rule changes for lawyers, organizations such as the Association of Corporate Counsel have issued guidelines for clients to consider when dealing with law firms. Please join Daniel Cotter as he provides an overview of the relevant rules of professional conduct and the changes that have recently been implemented

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Botnet Extortion and Disparagement and Section 230: Do Businesses Have Any Recourse? (01/28/2020)

Program Number: 3037 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

Cybercriminals have presented targeted businesses with a frightening choice: pay up or have Botnets post thousands of negative reviews in a matter of minutes. Botnets, which are groups of computers controlled by a single person, have also famously flooded social media platforms with disparaging posts about politicians and political parties in the days before recent elections in the United States and other industrialized countries. Businesses, politicians, and other victims of Botnet-mediated disparagement seeking damages face a daunting obstacle in the form of Section 230, the controversial federal statute that immunizes computer service providers from liability for content provided by another person or entity. This program will examine the legal arguments regarding whether or not Botnet-mediated disparagement is subject to Section 230-a question which courts have yet to address. This program will also examine the intensifying debate in Congress regarding both the Botnet epidemic and Section 230 and how it could impact litigation

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10 Shocking Tips for Attorneys to Stay Out of Trouble on Social Media (02/13/2020)

Program Number: 3036 Presenter: Blake Brockway, James Sherer, Esq., Brittany Yantis, Esq.

10 "Shocking" Tips for Staying Out of Trouble on Social Media is a must-hear presentation on the ethical issues that can arise when attorneys use or provide legal advice on or through social media, based on the popular, After Reading These 10 Shocking Tips for Staying Out of Trouble on Social Media, You’ll Never Post the Same Way Again article published in the Intellectual Property & Technology Law Journal. The presenters will discuss how social media platforms are designed to cap¬ture attention, elicit rapid fire responses (so-called “engagement”), and disseminate those responses quickly and permanently to a worldwide audience. But while these platforms convey several benefits for the practice of law, they also raise certain ethical consider¬ations for attorneys. The presenters will cover the audience reach, ease of use, and low bar to entry associated with social media sites like – but not limited to – LinkedIn, Twitter, and Facebook. Then, the

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Ethically Developing A Law Firm Security Game Plan (12/17/2020)

Program Number: 30291 Presenter: Kenneth Jones, Dan Schatz, Esq.

Increasingly, law firms face the challenge of developing a comprehensive game plan to defend against the myriad of cyber threats ever-present in today’s world. Attorneys themselves, pursuant to ABA Model Rule 1.1, are called upon to act reasonably and promptly to stop data breaches and mitigate damage resulting from the breach. Similarly, Model Rule 1.6 calls for lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. To help mitigate risk, this program will discuss areas such as end user security training, the importance of executing backup drills, key elements of a proper law firm defensive infrastructure, advice for remote working scenarios and other topics.

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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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