Celesq® Attorneys Ed Center
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Programs in Criminal Law & Procedure

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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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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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.

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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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Demystifying Blockchain and Cryptocurrencies (05/07/2020)

Program Number: 3078 Presenter: David Kalat

In conventional usage, the term “hacking” generally refers to an unauthorized user gaining access to an electronic resource. Hackers use various means to steal, guess, calculate, or otherwise obtain credentials to access systems and data they are not allowed to access. When we talk about “hacking” a blockchain, however, this does not adequately or accurately describe what has happened and blinds us to understanding where the real risks lie in this new technology of distributed ledgers and crypto-assets. The high-profile, most destructive, and expensive “hacks” in blockchain environments actually represent *authorized* users misbehaving. In some cases, these are authorized users acting on their own behalf to exploit weaknesses in the system to their own gain at the expense of other users, in other cases these are authorized users who are misusing the trust placed in them by their customers. The key to protecting yourself against fraud in this new alien

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Structuring Enforceable Cannabis Contracts and the Ethics of Cannabis Legal Representation (04/20/2020)

Program Number: 3074 Presenter: Jeffrey Gard, Esq.

This program will cover structuring enforceable cannabis contracts and will discuss best practices to contractual drafting. We will also cover a variety of typically cannabis contracts and specific drafting tips. The program will also cover the ethics of cannabis legal representation and will discuss a variety of rules of professional conduct implicated by cannabis legal representation. The presentation will be discussing ABA Model Rules of Professional Conduct 1.2, 1.4, 1.7, 1.8, 1.9, 1.13, 1.18, 2.1, 5.1, 8.4, attorney cannabis use, attorney ownership of a cannabis business, trust accounts and deposition cannabis sourced funds, etc.

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Second Circuit Endorses New Criminal Theory for Insider Trading Prosecution (02/18/2020)

Program Number: 3060 Presenter: John Carney, Esq., Jonathan Forman, Esq., Jonathan New, Esq.

This program will discuss the recent groundbreaking decision United States v. Blaszczak in which the United States Court of Appeals for the Second Circuit affirmed – for the first time ever – an insider trading conviction without proof of a personal benefit to the insider or tipper. Attendees will learn how this decision builds on recent insider trading decisions to further expand insider trading liability in significant ways and how they should respond to it to bolster their companies’ compliance programs.

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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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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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