Celesq® Attorneys Ed Center
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Programs in Litigation & Litigation Skills

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Video Depositions: The Case for Their Continued Relevance in a Post-Quarantine World (04/06/2021)

Program Number: 3181 Presenter: John C. Browne, Esq., Jeremy P. Robinson, Esq.

The program will explore the impact of the pandemic on depositions, and make the case for video depositions becoming a permanent part of the litigation process in our post-pandemic world. As we approach the one-year anniversary, the dramatic impact of the shutdown on litigation has come into focus. While the pandemic has created many challenges, there have also been some silver linings, among them the rise of video depositions. This session will examine the dramatic changes that the transition to remote depositions has created, discuss best practices for conducting video depositions, and argue for this new approach to become a permanent option in a post-pandemic world, given the dramatic improvements this method provides for both client expense and convenience. We’ll also propose changes to the federal rules that would eliminate some of the unnecessary negotiations currently involved in arranging for a video deposition.

$95.00Audio Tape Add to Cart

In the Spotlight: Effective Strategies to Avoid Ethics Violations When Practicing Virtually (04/07/2021)

Program Number: 3176 Presenter: Francine Friedman Griesing, Esq.

The good old days when we worked in person, used real documents, and appeared in person for depositions, meetings and court are in the past. The recent changes due to Covid-19 and the necessity of working remotely have further revolutionized the legal profession. Technology makes it easier to generate documents and electronic communications, increased the use of remote operations, and enabled us to participate in legal proceedings from a personal device rather than in person. Due to recent events, the legal profession has been forced to pivot to rely on remote proceedings. Whether we are attending meetings, conducting depositions, interviewing witnesses, arguing before judicial officers or mediating a dispute, we are likely doing it over a virtual platform. Even after we resume primarily in person practice, the cost savings and ease of practicing remotely will likely keep these processes in place. In this program, we will discuss effective ways to

$95.00Audio Tape Add to Cart

Discovery Issues in Litigation Finance (03/24/2021)

Program Number: 3171 Presenter: Andrew Goldenberg, Esq.

Litigation finance is where a nonparty funds a plaintiff’s lawsuit in exchange for an interest in the recovery. Some recent estimates place the size of the litigation finance market at over $100 billion. This burgeoning industry has allowed for greater flexibility in how individuals, businesses and law firms approach litigation. Litigation funding opens up opportunities for litigants which would otherwise not exist due to the risk, complexity and expense associated with litigation. In this program, Andrew Goldenberg of Goldenberg Law, LLC (www.glawnyc.com ), will address the basics of litigation finance and how the increased use of litigation funding has resulted in more demand for disclosure of documents and communications concerning litigation funding arrangements, as well as recent court decisions that have impacted litigation finance discovery.

$95.00Audio Tape Add to Cart

Internal Investigations – Top Tips, Strategies and Considerations (03/23/2021)

Program Number: 3167 Presenter: Wilfredo A. 'Willy' Ferrer, Esq., Michael Hantman, Esq.

As we enter a new presidential administration where the expectation is that law enforcement and regulatory scrutiny will increase, American businesses need to be prepared. Internal investigations are key parts of corporate life today. But if not conducted the right way following processes that are sound, tested and beyond reproach, an internal investigation might never get off the ground and might result in greater problems for the company. Whether triggered by a grand jury subpoena, a whistleblower or an enforcement action, internal investigations must be taken very seriously and should be run by personnel who are free from conflicts with every step and strategy mapped out clearly and in advance. And in the time of COVID-19, we will address new options to consider if travel is unsafe. Our presentation will highlight best practices – and pitfalls to avoid – when conducting an internal investigation.

$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

Virtual Litigation – Where We’ve Been, and Where We Are Going (03/10/2021)

Program Number: 3148 Presenter: Jannine Kranz, Esq., Helene Wasserman, Esq.

It has been one year since many law firms, including ours, closed their physical doors and opened for business “virtually.” And while the past year has been one of the most, if not the most, challenging for our profession, one thing that this year has shown is how resourceful and resilient attorneys can be. When faced with uncertainty as to how litigation matters would proceed when it isn’t safe for people to be in the same room with each other, lawyers used existing, and developed new, forms of communicating. In this one hour program, Helene Wasserman and Jannine Kranz will delve into the ways litigators not only survived, but thrived, in their representation of clients in depositions, arbitrations, mediations, hearings and even trials during the pandemic.

$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

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