Celesq® Attorneys Ed Center
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Programs in Social Media Law

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.

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To Embed, or Not to Embed, that is the Question (01/22/2021)

Program Number: 3114 Presenter: Michael D. Hobbs, Jr. Esq., Shaleen J. Patel, Esq.

A discussion on an increasingly tumultuous area of on-line copyright law. The discussion focuses on a trend where courts are increasingly allowing cases to proceed on the merits in instances of media publishers embedding, a practice of displaying content from one platform into another without actually hosting the underlying content. For years, such a practice seemed safe under the Ninth Circuit’s “server test.” However, districts in other circuits are rejecting that the server test is settled law and questioning the legality of embedding. As social media makes embedding content a more available feature, this broadcast discusses the risks of continuing to embed content without first acquiring permission and possible alternatives.

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An Ethical Roadmap for Developing and Refining High-end Technology Competence (02/03/2020)

Program Number: 3046 Presenter: Kenneth Jones, Marina McGuire, Esq.

The American Bar Association first amended the comments to Model Rule 1.1 relating to technological change in 2012. This amendment imposed an ethical duty on lawyers to stay abreast of changes in technology. During the past eight years, almost forty state bar associations have updated the comments to their ethical rules to require lawyers to keep informed about technology changes. *Additionally, cloud computing is now increasingly prevalent in legal operations. To comply with Model Rule 1.6, which calls for lawyers to act competently to safeguard information relating to the representation of a client against unauthorized access, lawyers may wish to develop a basic understanding of how technology and cloud computing works and the associated risks to ensure data is securely stored with safeguards in place to protect that information. *To assist in compliance with ABA Model Rule 1.1 and 1.6, strong technology teams must be developed and maintained. This session focuses on some best practices

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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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10 Shocking Tips for Attorneys to Stay Out of Trouble on Social Media (02/13/2020)

Program Number: 3036 Presenter: Blake Brockway, James Sherer, Esq., Brittany Yantis, Esq.

10 "Shocking" Tips for Staying Out of Trouble on Social Media is a must-hear presentation on the ethical issues that can arise when attorneys use or provide legal advice on or through social media, based on the popular, After Reading These 10 Shocking Tips for Staying Out of Trouble on Social Media, You’ll Never Post the Same Way Again article published in the Intellectual Property & Technology Law Journal. The presenters will discuss how social media platforms are designed to cap¬ture attention, elicit rapid fire responses (so-called “engagement”), and disseminate those responses quickly and permanently to a worldwide audience. But while these platforms convey several benefits for the practice of law, they also raise certain ethical consider¬ations for attorneys. The presenters will cover the audience reach, ease of use, and low bar to entry associated with social media sites like – but not limited to – LinkedIn, Twitter, and Facebook. Then, the

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Synthetic Reality & Deep Fakes: What's Next and What it Means for the Future of Work (10/13/2020)

Program Number: 30241 Presenter: Michael Chinchester, Jr., Esq., Aaron Crews, Esq.

The presenters propose a tangible perspective on AI, one where the proliferation of Deep Fakes and the ability to leverage this technology may challenge standards for information dissemination, communication and our most basic assumptions of reality—where once seeing was believing. These inauthentic intrusions not only impact our society generally, and our political system and growing divisions more specifically, but also spill into our workplaces in a way that forces employers to grapple with the often-inevitable effects. Employers will need to adjust to this new reality and understand the means of minimizing the potentially negative impact, including the utilization of data analytics to protect companies and their workforces from exploitative uses of false information.

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The Role of Social Media in E-Discovery: Current Developments for All Attorneys (04/15/2019)

Program Number: 2971 Presenter: Theresa M. Coughlin, Esq., Kristen A. Lejnieks, Esq.

As social media takes on an increasingly central role in people's lives, all attorneys must understand the implications of this expansion on e-discovery. This presentation covers preservation, collection, and processing issues unique to social media and emerging social media case law.

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Ethics-Attorney Client Privilege for In-House Counsel (02/12/2019)

Program Number: 2948 Presenter: Carole Buckner, Esq.

The program will cover important considerations regarding the duty of confidentiality, the attorney client privilege and work product doctrine, from the perspective of the in-house lawyer, including operating in dual roles involving both business and legal advice. We will also touch upon privilege in international communications and differences in privilege and confidentiality between states, and between state and federal jurisdictions. Finally, we will address email practices in light of the above.

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Alexa, Can You Be Used Against Me in Court? (11/13/2019)

Program Number: 29198 Presenter: Brian Schrader, Esq., Barry Schwartz, Esq.

As artificially intelligent personal digital assistants like Alexa, Siri, Cortana, Google and more start to invade the workplace, what legal and regulatory risks do such devices bring along with them? Do companies need to worry about their employees using their personal digital assistants in the office? What unintended or unexpected data privacy, security and regulatory issues might those devices trigger? And most of all, how exactly might these devices end up starring in your next litigation? Come hear two of BIA’s most senior experts, each with over two decades of experience in the legal technology, data privacy and eDiscovery fields, talk about the rise of these and other such devices in corporate America, the ramifications they bring with them, and how companies should plan for the inevitable appearance of digital assistants in the workplace.

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The Challenges of Identity Management and Decentralized Identity Systems- Legal Problems & Solutions (11/26/2019)

Program Number: 29186 Presenter: Victoria Dorum, Esq., Charles Mondora, Esq.

Digital Identity Management Systems are information management systems that associate users with their online identities. These systems are designed to manage the roles and access privileges of individual network users and the circumstances in which users are granted or denied those privileges. Organizations that allow their employees, customers and business partners to sign into a service using an online account have an identity management system, either directly through their IT enterprise or a vendor. In this webinar, Charles and Victoria will explore the different types of identity management systems used today and discuss why attorneys and privacy professionals should be thinking about the identity management systems used by their clients. They will also explain why decentralized identity systems, based on technologies such as blockchain, are the future of all identity management and examine how decentralized identity fits into the current legal privacy framework and its key objectives.

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Coming Face-to-Face with Facial Recognition Technology (11/20/2019)

Program Number: 29174 Presenter: Jeffrey N. Rosenthal, Esq., Huaou Yan, Esq.

Facial recognition technology—once thought to exist only in the realm of science fiction—is becoming increasingly ubiquitous and unavoidable. Your iPhone uses it; Facebook uses it; and even the government is using it to identify individuals by the unique characteristics of the human face. Indeed, a 2016 investigation by Georgetown’s Center on Privacy and Technology estimated that nearly “one in two American adults” was already “in a law enforcement face recognition network.” This webinar will survey some of the ways that various government entities/agencies are currently using facial recognition technology, as well as the attendant litigation and compliance risks faced by private companies. We will then discuss some concerns raised by those uses and responses to facial recognition technology by citizens and lawmakers.

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