Celesq® Attorneys Ed Center
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Programs in Criminal Law & Procedure

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The Storming of the Capitol: What are the criminal, civil and employment consequences? (01/29/2021)

Program Number: 3150 Presenter: Thomas D. Bever, Esq., Amy E. Buice, Esq., Matthew W. Clarke, Esq., Anthony L. Cochran, Esq.

It will be ironic if Donald J. Trump is not prosecuted because of his First Amendment protections, but the rioters (who did exactly what they thought Trump wanted them to do) are prosecuted to the full extent of the law. Did Donald J. Trump incite a riot? Did his words give the rioters a defense based on his apparent authority as the President of the United States and the Commander in Chief? What are all of the criminal, civil and employment consequences for the rioters? What can employers of the rioters and protesters do?

$95.00Audio Tape Add to Cart

Cryptocurrency: Current Tax and Bank Secrecy Act Regulatory and Enforcement Environment (02/26/2021)

Program Number: 3149 Presenter: John D. (Don) Fort, Esq., Lawrence (Larry) Sannicandro, Esq.

Virtual currencies, including cryptocurrency, have recently received significant attention from the IRS, the Financial Crimes Enforcement Network, the U.S. Department of Justice Tax Division, and other law enforcement agencies. The panelists, led by the former chief of the IRS Criminal Investigation Division, will explore recent guidance from FinCEN and/or the IRS with respect to: (1) the collection, retention, and disclosure to the U.S. government of certain transactions involving cryptocurrency; (2) the taxation of, and tax reporting standards for, cryptocurrency; and (3) Bank Secrecy Act reporting, such as the Foreign Bank Account Report. The panelists will also discuss strategies to mitigate the risk of civil and criminal penalties for noncompliance with the internal revenue laws, including the availability of the qualified amended return and the IRS’s voluntary disclosure practice. This webinar is a must-attend for all professionals and practitioners who operate in the space of, or advise on, cryptocurrency. Objectives:

$95.00Audio Tape Add to Cart

Trademark Counterfeiting in 2021 (02/17/2021)

Program Number: 3135 Presenter: Anthony F. Lo Cicero, Esq.

The old tactics of anticounterfeiting enforcement against street vendors and flea market operators have largely been replaced with online takedown notices, mass litigations against unnamed defendants and border enforcement. On the flip side, the “counterfeiting” label is being applied to activities different from what we have seen in the past, as reflected in the Second Circuit’s decision in Tiffany & Co. v. Costco Wholesale Corp. and elsewhere. Join Tony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein as he discusses these developments and their likely impact for the future.

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The Roadblock to a Fair Trial (01/21/2021)

Program Number: 3123 Presenter: Jay Goldberg, Esq., Alex Huot, Esq.

When prosecution is wrongly permitted to vouch for a cooperating witness by the misuse of an agreement it had entered into with a government witness. Listen in as Jay Goldberg discusses the problems and remedies to assure a fair trial.

$95.00Audio Tape Add to Cart

Countering Crime Insurers’ “Direct Loss” Defenses against Coverage for Cyber Scams (01/06/2021)

Program Number: 3111 Presenter: Joshua Gold, Esq.

Among the various arguments insurance companies have deployed to attempt to deny “Computer Fraud” coverage under crime policies, three have been focal points in multiple court contests. All three are variants on the theme that the crime in question was not “brute force” hacking per se – direct invasion of a computer – but scams that in one way or another induced action from individuals acting on behalf of the targeted organization. Participants in this session will learn the nuances of these defenses against coverage, the grounds on which state and federal courts have rejected them, and the terms in which to credibly resist coverage denials under crime policies when their organizations are the victims of cyber scams.

$95.00Audio Tape Add to Cart

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.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

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.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

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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Practical and Procedural Considerations for Domestication of Sister-State and Foreign Judgments in New York (06/25/2020)

Program Number: 3083 Presenter: Jason S. Giaimo, Esq., Chester Ostrowski, Esq.

As the name suggests, this continuing legal education program provides practical and procedural considerations for domestication of sister-state and foreign judgments in New York. The program focuses on both sister-state judgments entered after the defendant’s appearance, as well as those judgments entered on default, and the practical considerations associated with these different types of judgments. The program also addresses domestication of foreign country money judgments, as well as non-monetary judgments. The program aims to provide litigants with real-world, practical advice and tips in navigating the often-used, but murky procedural devices for domestication of sister-state and foreign judgments in New York.

$95.00Online Audio Add to Cart

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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