Celesq® Attorneys Ed Center
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Programs in Business Organizations & Contracts

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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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.

$95.00Audio Tape Add to Cart

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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Up the Ladder Reporting – Counsel’s Ethical and Legal Obligations for Addressing Potential Violations by Management (01/27/2021)

Program Number: 3101 Presenter: Erik R. Anderson, Esq., Carolyn H. Kendall, Esq.

This ethics program will discuss a lawyer’s legal and ethical obligations when he or she believes that a member of management is no longer fit to carry out company responsibilities or potentially violating company policy or the law. Drawing from real world examples, this program will ensure that both in-house and outside counsel understand their role and obligations under such circumstances and provide them with practical steps to navigate these complex situations. Participants will understand their applicable ethical duties under the Model Rules and the Sarbanes Oxley Act of 2002, including when or if a “noisy withdrawal” is required; learn when and under what circumstances they can or should report to the Board or other governing body; and the role of internal investigations conducted by outside counsel, including potential risks and complexities for in-house counsel who may have been involved in the underlying fact pattern.

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Emerging Issues in Business Insurance Coverage for COVID-19 Claims (04/14/2020)

Program Number: 3099 Presenter: Christopher L. Pizzo, Esq., Eric E. Reed, Esq.

This program reviews what attorneys should know about forms of business insurance that may potentially apply to claims arising from the coronavirus pandemic. We will review parameters of insuring agreements and exclusions, arguments for and against coverage for coronavirus-related claims, emerging issues in coverage disputes, and recent legislative initiatives.

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Coronavirus and Contract Performance: Force Majeure and Related Doctrines (03/31/2020)

Program Number: 3098 Presenter: Daniel J. Brown, Esq., Shevon D.B. Rockett, Esq.

COVID-19 (Coronavirus) continues to exact a significant toll on economies and supply chains globally. When do such disruptions excuse contract performance? How can your business protect its contracts and mitigate risks? Drawing on U.S. case law involving Avian Flu and other contagions, Dan and Shevon take a look at force majeure and other related doctrines, including impossibility, frustration of purpose, and commercial impracticability to help answer these questions and give participants guidance on actions they can take right now to better guard against contract performance risks related to the COVID-19 pandemic. They will also discuss the China Council for the Promotion of International Trade’s newly instituted force majeure certificate application process

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When Competitors Cheat - How Businesses can use State Consumer Laws to Protect Themselves and the Marketplace (04/28/2020)

Program Number: 3096 Presenter: Richard Lawson, Esq.

While often lumped under the rubric of “consumer protection” laws, many state unfair and deceptive trade practices (UDAP) laws also allow businesses to file lawsuits. When a competitor is engaged in a deceptive or unfair practice which harms consumers, a company is often also harmed due to lost business. Certain state statutes allow businesses to bring actions to combat these unlawful competitors. Additionally, there are times where a trade association can bring an injunctive action against a deceptive or unfair business which may be causing industry wide disruption. This program will provide an overview of the nature and history of consumer protection laws, the key legal theories underlying them, the basis for businesses and trade associations / non-governmental organizations to have standing to sue, and the kinds of relief that can be obtained.

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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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IRS Summons and Other Methods of Obtaining Taxpayer Information, Enforcement, and Defenses (05/21/2020)

Program Number: 3091 Presenter: Megan Brackney, Esq.

The IRS has several methods for obtaining information about taxpayers. This program will discuss the IRS’s methods of obtaining information, focusing primarily on the IRS’s summons authority, including the scope that authority, taxpayer’s rights and privileges, summons enforcement litigation, and the attorney’s ethical obligations when responding to IRS requests for information under Circular 230. Learning Objectives: 1. Understand the methods that the IRS uses to gather information from and about taxpayers. 2. Discuss the methods of enforcement of IRS summons and defenses to enforcement. 3. Examine the potential defenses and privileges that may limit the IRS’s ability to obtain information. 4. Understand the lawyer’s ethical obligations when responding to an IRS request for information.

$95.00Online Audio Add to Cart

Digital Risks and Digital Duties: Finding a Standard of Care in Cyberspace - Part 1 (05/28/2020)

Program Number: 3090 Presenter: Michael A. Goode, Esq., James M. Paulino II, Esq.

In this two-part presentation, we will begin by discussing the patchwork of data privacy statutes, regulations and case law in an effort to define the baseline for reasonable security measures, and then apply these standards to recent breach events in the medical, construction, agricultural, retail, manufacturing, financial and legal industries to highlight common security failures, and opportunities for improvement. At the conclusion of the presentation, we will discuss best practices to consider to assist in reducing the risk of data breach incidences as well as the potential exposure in the event an incident occurs.

$95.00Online Audio Add to Cart

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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