Celesq® Attorneys Ed Center
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Programs in Securities and Antitrust Litigation

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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Challenging the SEC in Federal Court: Recent Developments in Case Law and Practice Notes (01/14/2021)

Program Number: 3103 Presenter: Jay A. Dubow, Esq., Mary Grace W. Metcalfe, Esq., Ghillaine A. Reid, Esq.

Challenging an ongoing investigation by the SEC is a daunting task, particularly for those identified as subjects of the investigation. Two recent holdings, one by the Third Circuit in Gentile v. Sec. & Exch. Comm’n, 2020 WL 5416297 (3d Cir. Sept. 10, 2020) and the other by the United States District Court for the District of New Jersey in Sec. & Exch. Comm’n v. Gentile, 16-cv-01619-BRM-JAD (Order Sept. 29, 2020), both of which involved the same parties, offer some clarification on when and how best to mount such a challenge. The Third Circuit’s opinion makes clear that the SEC’s ability to investigate is one of the “rare circumstances” in which an agency’s action is exempt from the waiver of sovereign immunity that might otherwise apply under the Administrative Procedure Act and, as a result, is not subject to judicial review. By contrast, the district court’s opinion reinforces that, once an investigation

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To Trade Secret or Not to Trade Secret- That is THE Question! (06/10/2020)

Program Number: 3094 Presenter: David Postolski, Esq.

Keeping something secret is hard! Especially when it comes to what gives your business a competitive advantage. If you can legally and commercially manage to do this, then you can achieve Federal Rights for the first time in US history since 2016. This presentation will explore best practices, steps and strategies in ensuring that what you have as a trade secret can achieve maximum protection. This presentation will also explore the opposite of a Trade Secret, the Patent and the interplay between these types of intellectual property so that your clients can make an informed decision!

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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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Important Differences Between Federal and State Antitrust & Consumer Protection Laws (03/04/2020)

Program Number: 3030 Presenter: Robert M. Langer, Esq.

Federal and state antitrust laws, as well as the Federal Trade Commission Act and its state analogues, differ significantly, both substantively and procedurally. Bob Langer, who has written and spoken on this vital topic for more than forty years, and is the co-author of the treatise, “Unfair Trade Practices, Business Torts and Antitrust,” will discuss many of the most critically important differences that practitioners who litigate or counsel in this area of law should know. It is indeed a veritable trap for the unwary.

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Evaluating the Evolving Climate of ESG Disclosures (10/27/2020)

Program Number: 30261 Presenter: Katayun (Kathy) Jaffari, Esq., Lindsey Stillwell, Esq., Christine Zoino, Esq.

The topic of ESG has garnered significant attention in recent years as investors have increasingly used ESG criteria as a means of evaluating the growth potential and future viability of public companies. Despite the increased attention to ESG disclosures, public companies have not uniformly adopted ESG disclosure techniques and thresholds. This presentation discusses the current disclosure requirements and guidance issued by regulatory authorities to examine best practices for companies determining appropriate ESG disclosures in future reports.

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Emerging Issues in Cybersecurity & Privacy Law (11/16/2020)

Program Number: 30260 Presenter: Daniel Marvin, Esq.

With 2020 set to bring a record high number of data breaches, state legislatures across the country are continuing to strengthen their existing privacy statutes and are creating new ones with an increased focus on consumer protection. This program, presented by Daniel Marvin, leader of Morrison Mahoney LLP’s Cybersecurity and Data Protection Practice, will provide an overview of emerging trends in this legislation, with an emphasis on how the states are shifting their focus towards comprehensive data privacy laws that put more control over how personal data is used in the hands of consumers, and what businesses must do to comply with these regulations. The program will also review the latest developments in data breach litigation to identify trends and topics of interest to attorneys providing advice or counsel to clients in this area. Learning Objectives: 1. Analyze emerging trends in data protection statutes and compliance requirements in the event that

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Recent Developments in Securities and Shareholder Litigation (10/08/2020)

Program Number: 30243 Presenter: Evan P. Singer, Esq.

In this program, Jones Day partner Evan P. Singer provides an overview of recent developments in federal securities litigation, including recent statistics about case filings, as well as substantive updates concerning cases filed relate to the COVID-19 pandemic, recent cases that focus on board diversity, the SEC’s ability to obtain disgorgement as an equitable remedy under Liu v. SEC, as well as recent opinions concerning standing under the 1933 Act, such as Salzberg v. Sciabacucchi, and the recent California Superior Court opinion in Wong v. Restoration Robotics.

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Don’t Buy a Pig in a Poke: Minimizing FCPA Risks in International M&A (10/19/2020)

Program Number: 30238 Presenter: Dr. Sharon Meit Abrahams, David W. Simon, Esq., Rohan A. Virginkar, Esq.

Experienced FCPA practitioners David Simon and Rohan Virginkar of the law firm Foley & Lardner LLP discuss recent examples of acquisitions gone bad as a result of bribery and corruption at target companies and outline practical strategies to minimize FCPA risk, including effective approaches to compliance due diligence, deal structure and contract language, and compliance integration. The conversation will also address recent DOJ and SEC guidance and expectations for acquiring companies, considerations if issues are identified at a target, and outline strategies for managing the enforcement authorities.

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Recent Blockchain Class Action Settlements Provide Tips for Future Cases (07/21/2020)

Program Number: 30181 Presenter: Marc D. Powers, Esq., Joanna F. Wasick, Esq.

This webinar examines two class actions and their recent settlements involving companies engaged in Initial Coin Offerings of blockchain tokens in 2017; Tezos Foundation and ATBCoin. By looking at the different circumstances and outcomes of the two cases – with a $25 million settlement in Tezos and a $250,000 settlement in ATB – Marc Powers and Joanna Wasick discuss what the implications may be for future class action settlements against issuers of cryptocurrencies, specifically those involving foreign defendants. Upon a closer look, the Tezos and ATB cases can show parties in ongoing ICO class actions that less obvious, and less traditional, defenses and issues, which are specific to the nature of ICOs and blockchain technology, may well be the difference between a significant settlement and a trivial one.

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CARES Act Enforcement (07/28/2020)

Program Number: 30176 Presenter: Christopher M. Ferguson, Esq.

With the passage of the CARES Act, Congress launched an unprecedented, multi-trillion stimulus package into the economy at break-neck speed in order to address the coronavirus pandemic. History has shown that massive government programs prove irresistible to fraudsters. Drawing on lessons from one of the last major stimulus programs, the TARP program, this presentation will focus on governmental efforts to deter, detect and punish fraud and other criminality under the CARES Act, with a particular focus on the Payroll Protection Program.

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