Celesq® Attorneys Ed Center
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Programs in In-House Counsel

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The Trademark Modernization Act of 2020 – What Practitioners Need to Know (03/23/2021)

Program Number: 3180 Presenter: Christopher P. Bussert, Esq., Theodore H. Davis, Jr., Esq.

This webinar will provide practitioners with guidance regarding the key aspects of the Trademark Modernization Act of 2020 (TMA 2020). The panel will discuss the clarification of the status of the presumption of irreparable harm in litigation under the Lanham Act, as well as the new prosecution and ex parte invalidation procedures embodied in TMA 2020. The panel will offer suggested best practices for assisting practitioners in navigating the new Act.

$95.00Audio Tape Add to Cart

Teleworking and Re-Opening and Vaccines, Oh My! (03/16/2021)

Program Number: 3170 Presenter: Crystal McElrath, Esq., Nichole Novosel, Esq.

In the face of the ongoing COVID-19 pandemic, many employers have had to consider both the business and legal implications of ceasing operations versus shifting to telework versus attempting to continue in-person work. The introduction of COVID-19 vaccines adds additional questions regarding re-opening of workplaces. This webinar will address recent executive orders, federal legislation as well as guidance from the EEOC and OSHA regarding teleworking, re-opening, and vaccination of employees. Does the Americans with Disabilities Act protect employees at risk of contracting COVID-19? When should/must employers provide teleworking options? May/should employers require employees to be vaccinated? What liability might employers face with respect to requiring and/or administering the vaccine in order to re-open?

$95.00Audio Tape Add to Cart

Digital Transformation: Developing the Legal Team’s Action Plan (03/31/2021)

Program Number: 3168 Presenter: Glynna K. Christian, Esq., Jeffrey R. Seul, Esq.

Companies in traditional industries are reinventing their products, services, and business models around advanced technologies. Businesses that traditionally have used technology only to support their internal operations and on-line customer platforms are now repositioning their products and services as technology products and services. Digital transformation is disrupting every industry, including energy, financial services, healthcare, transportation, real estate, and hospitality. This trend has major implications for in-house law departments and the external lawyers who support them. This webinar will provide an overview of the digital transformation trend, identify some major implications of digital transformation for companies in traditional industries, and provide guidance to help lawyers create and follow an action plan to support their clients’ digital transformation strategies. A proactive corporate law department should drive its organization’s digital transformation, rather than just adapt to it. Learning objectives for this webinar include the following: • Understand the forces propelling digital transformation and

$95.00Audio Tape Add to Cart

The Kraken’s Wake: Disciplinary Issues for Lawyers Involved in Voter Fraud Claims and Capitol Insurrection (03/15/2021)

Program Number: 3162 Presenter: Mark Dubois, Esq., Jonathan Friedler, Esq.

In the wake of the Kraken and 60+ alleged voter fraud and election irregularity suits, as well as the insurrection at the U.S. Capitol, disciplinary authorities are being called upon to review the conduct of lawyers who promoted claims of voter fraud in the 2020 presidential election. This seminar will discuss the ethical rules that govern attorney conduct in these circumstances, including Rules 3.1 (Meritorious Claims and Contentions); 3.3 (Candor Toward the Tribunal); 4.1 (Truthfulness in Statements to Others); 4.4 (Respect for Rights of Third Persons); 8.1 (Bar Admission and Disciplinary Matters); 8.3 (Reporting Professional Misconduct); and 8.4 (Misconduct). The seminar will also discuss the current efforts being made to sanction such attorneys and will explore the line between unpopular – though protected – speech and punishable conduct.

$95.00Audio Tape Add to Cart

Unnamed Class Member Standing: A Circuit-by-Circuit Analysis (03/04/2021)

Program Number: 3161 Presenter: Marissa Bañez, Esq.

Must unnamed class members have standing for a court to certify or enter judgment in a class action? The answer is far from straightforward, as the Supreme Court has not squarely decided the question and circuit courts address this issue in various – and sometimes contradictory – ways. Generally speaking, there are four broad categories into which circuit court cases fall: • De minimis or “some uninjured”: the potential presence of more than a small number of class members who lack standing may preclude class certification; • All-or-nothing: all class members must establish standing at some point in the litigation; • Standing of named plaintiff only: the standing of unnamed class members is irrelevant once standing of the named plaintiff is shown; and • No definitive decision: courts expressly state that they have not decided the issue. This presentation will discuss the various approaches employed by the circuit courts throughout the country so that attorneys can

$95.00Audio Tape Add to Cart

Litigation as An Investment—How Analytics Should Drive Litigation Decisions (02/09/2021)

Program Number: 3154 Presenter: Ashton Batchelor, ALPM, Joshua Libling, Esq.

How can law firms and in-house legal departments deepen their analysis of litigation by reframing it from a cost to an investment? This framing has implications for what litigation to pursue, how to select counsel, when and for how much to settle, and how to measure success. The program will also give an introduction to litigation modeling.

$95.00Audio Tape Add to Cart

COVID-19 and the Commercial Landlord: Reacting to the Nonpaying Tenant in the COVID Era (02/11/2021)

Program Number: 3151 Presenter: Jonathan Gerstein, Esq., Joshua Wurtzel, Esq.

This program will cover the various legal issues that commercial landlords are confronting in the wake of the COVID-19 pandemic, including the various statutes and executive orders restricting landlords’ rights and how landlords are adapting. During the program, we will discuss the arguments that commercial tenants have made to avoid paying rent, and how courts have dealt with those arguments. We will also discuss the strategies and tools that commercial landlords can and should use to get around the various restrictions on their ability to collect unpaid rent or evict tenants, and how courts have responded to those efforts. Further, we will discuss non-litigation options available to commercial landlords including lease amendments and lease termination and surrender agreements, and the issues that frequently confront commercial landlords during the negotiation of those documents.

$95.00Audio Tape Add to Cart

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

Responding Effectively to Conflict, in the Workplace and at Home (03/11/2021)

Program Number: 3147 Presenter: Robert A. Baruch Bush, J.D.

The large majority of life disrupting conflicts occur in two arenas: families, and workplaces. In both, conflict can be either a negative or a positive force, depending on how it is handled. If we handle it reactively, it usually becomes negative. But if we handle it by responding rather than reacting, it can become positive and constructive. It can actually add value to relationships whether at work or at home. For practicing attorneys, the impact of negative conflict at home or in the office can be a serious problem. This seminar explains what it means to respond rather than react in conflict situations, and why doing so has powerful constructive impacts. It then presents several specific behavioral strategies for responding effectively to conflicts. Learning Objectives: • To understand the dynamics of conflict interaction in general, as documented by research in many fields. • To understand the positive potential in conflict, despite the

$95.00Audio Tape Add to Cart

FDA in the Year of COVID – How FDA Tackled the Pandemic and What to Expect from FDA in 2021 (02/11/2021)

Program Number: 3144 Presenter: Alexander Alfano, Esq., Michelle Divelbiss, Esq., Chad Landmon, Esq.

Over the past year, industries all over the world have experienced disruptions and have been forced to adapt to the COVID-19 pandemic. Notably, the Food and Drug Administration (“FDA”) has been thrust to the forefront of the battle against COVID-19, and emergency use authorizations (“EUAs”) and Operation Warp Speed are now hot topics. EUAs have allowed FDA to pivot and make speedy decisions that help save lives, but EUAs aren’t without their pitfalls. Additionally, Operation Warp Speed has been an impressive scientific endeavor, helping to bring vaccines to market in record time. As FDA has adapted quickly to the most up to date knowledge about this novel virus and changing scientific data, including real world evidence, what is in store for 2021? A new administration begins on January 20, 2020, and this new administration will bring different goals and plans for fighting COVID-19. Looking to 2021, we will see whether FDA’s operations

$95.00Audio Tape Add to Cart

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