Celesq® Attorneys Ed Center
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Programs in Negotiation 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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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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Obtaining Depositions of Absent Class Members (01/15/2020)

Program Number: 3027 Presenter: Kelly Handschumacher, Esq., Jonathan Slowik, Esq.

Depositions of absent class members can be a critical tool for defending class actions on the merits, challenging class certification, or moving for decertification. However, defendants may face significant legal challenges in obtaining such discovery. This presentation will explain the legal framework for obtaining absent class member depositions, factors courts consider in deciding whether and how many class member depositions to permit, and suggestions for obtaining class member depositions.

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Effective Mediation Part 4 - Ten Things Every Advocate Must Consider Before the Mediation Starts (09/14/2020)

Program Number: 3022 Presenter: Leslie Berkoff, Esq., Elizabeth Shampnoi

To ensure a successful mediation experience for your client, it is important to spend the time and effort to fully and adequately prepare in advance. Proper preparation includes spending time with your client reviewing the facts and legal issues, including your claims, defenses strengths and weaknesses, as well as those anticipated by the other side. Analyzing the motivations and impediments to a negotiated resolution, and, analyzing your risks through “ BATNA” - Best Alternative to a Negotiated Agreement, will allow you and your client to properly evaluate and respond to offers made during the mediation. Further, ensuring that the right individuals will participate in the mediation, or be readily available for questions, is critical. Finally, to the extent that you need to consider tax implications of any settlement, this should be done in advance. *This program will explore the top ten items each advocate should consider and address prior to the

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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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False Claims Act Litigation (06/22/2020)

Program Number: 30170 Presenter: Reuben A. Guttman, Esq., Adam S. Hoffinger, Esq.

Over the last several years Americans have had a crash course in the role that whistleblowers play in compliance enforcement. No statute gives whistleblowers a greater role than federal and state false claims acts. These statutes not only allow the government to bring suit to address fraud on the government, but they allow private citizens to step into the shoes of the government to bring suit. Now, particularly in a Covid19 era - with trillions of taxpayer dollars poured into the economy - the false claims acts are taking on even greater importance. This seminar will cover: • what you need to know about these laws • who can bring suit? • what bounty provisions exist? • what are the cases that will arise in the Covid19 era? • what are the pleading and evidentiary issues you need to know? Reuben Guttman of Guttman, Buschner & Brooks, PLLC is a leading whistleblower lawyer and coauthor of

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Supreme Court 2019-20 Term: Trademark Decisions (07/15/2020)

Program Number: 30167 Presenter: Anthony F. Lo Cicero, Esq.

This past term the Court decided cases involving issues preclusion in trademark cases (Lucky Brand Dungarees, Inc. v. Marcel Fashions Group), the protectability of trademarks incorporating the TLD “.com” (United States Patent and Trademark Office v. Booking.com B.V.) and the requirements for a finding of willfulness under 15 U.S.C. 1117 (Romag Fasteners, Inc. V. Fossil Group, Inc.). Please join Anthony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein for a discussion of the significance of these cases and how they will influence trademark litigation going forward.

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Hotels, Restaurants and Bars, Oh My! Welcome to the Other Side of COVID-19 (06/04/2020)

Program Number: 30143 Presenter: Michelle G. Hendler, Esq., Lee D. Mackson, Esq.

We will explore the effects of COVID-19 on the hospitality and other industries, including how new laws, rules and regulations impact the way in which those industries conduct their business. We will also examine what the various industry players, including lenders, borrowers, landlords and tenants, can expect from their counterparts, as well as from the judicial system, as things return to “semi-normal“. Participants can expect to take away a better understanding of how the new rules and regulations will impact the various industries, as well as what can be expected as mandated stays are lifted and litigation over defaulted loans and tenancies ensues.

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The In’s and Out’s of International Commercial Arbitration (06/23/2020)

Program Number: 30140 Presenter: Kiran Nasir Gore, Esq.

This program will provide practicing lawyers who have not previously studied international commercial arbitration with a basic overview and will refresh the memories of those who have undertaken some previous study in this subject. The program will discuss the international framework of international commercial arbitration and the procedure and conduct of international commercial arbitrations after a dispute has arisen. While the focus will be international commercial arbitration, the program will also address (and distinguish) investor-state arbitration and alternative dispute resolution generally. Participants will leave the program better able to advise their clients on dispute resolution in an increasingly international commercial world.

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Legal Writing: Lessons from Science and Rhetoric (07/15/2020)

Program Number: 30138 Presenter: Judge Robert E. Bacharach

In this program, Judge Bacharach will illustrate principles from his recently published book, Legal Writing—A Judge’s Perspective on the Science and Rhetoric of the Written Word (ABA Press). https://www.americanbar.org/products/inv/book/398866415/ Judge Bacharach will show how to clarify the meaning in briefs and to increase the chances that the judge will understand and remember your key points. Judge Bacharach will illustrate these principles with examples from accomplished advocates, judges, and orators such as Franklin D. Roosevelt, Winston Churchill, and Martin Luther King, Jr.

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Justice Behind a Mask (05/15/2020)

Program Number: 30134 Presenter: Andrew S. Kaufman, Esq., Jacqueline Mandell, Esq.

This program will address the legal and practical issues that attorneys, litigants, and the courts will face as litigation resumes in an era of social distancing. The discussion will focus on challenges involving jury trials with particular emphasis on novel virtual approaches and platforms, including developing technology, for managing jury selection, examination of witnesses, introduction of evidence and jury deliberations. We will address the competing interests of streamlining litigation in an effort to provide litigants with timely access to the justice system, with preserving equally important and time-honored safeguards to ensure balance, fairness and integrity of the justice system, while the parties, their lawyers, the judge and possibly the jurors participate from separate locations.

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