Celesq® Attorneys Ed Center
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Programs in Constitutional 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.

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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Privacy in the Skies: Navigating the New Federal Drone Privacy Law (04/10/2020)

Program Number: 3095 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

The new federal drone privacy law enacted as part of the FAA Reauthorization Act of 2018 imposes significant information privacy requirements on commercial drone operators in nearly all industries and sectors including requiring them to adopt and implement privacy policies governing all data collected by their drones and may effectively force commercial drone operators to comply with the emerging patchwork of state information privacy and security laws. This program will explain the new law's requirements, the relationship between the new law and the law governing the preemption of state information privacy laws as applied to aviation, and how to best assist commercial drone operators in developing and implementing compliant privacy policies and practices and ensure compliance with applicable state information privacy and security laws.

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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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An Employer’s Guide to the Coronavirus (03/30/2020)

Program Number: 3092 Presenter: Tracey Diamond, Esq., Susan Lessack, Esq., Lee Tankle, Esq.

During this program, attendees will learn about the rapidly evolving legal environment related to the novel coronavirus, COVID-19, and its impact on the American workplace. Attendees will learn about: complying with federal/state non-discrimination laws while simultaneously protecting the health and safety of all employees; the proper way to pay exempt/non-exempt employees while on leave; managing leaves of absence; preserving employee confidentiality in the event an employee is diagnosed with COVID-19; implementing a telecommuting program; travel restrictions; and changes to employee working conditions. The presenters will also provide an overview of recently enacted and pending legislation designed to ameliorate the effect of COVID-19 on workers.

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IRS Summons and Other Methods of Obtaining Taxpayer Information, Enforcement, and Defenses (05/21/2020)

Program Number: 3091 Presenter: Megan Brackney, Esq.

The IRS has several methods for obtaining information about taxpayers. This program will discuss the IRS’s methods of obtaining information, focusing primarily on the IRS’s summons authority, including the scope that authority, taxpayer’s rights and privileges, summons enforcement litigation, and the attorney’s ethical obligations when responding to IRS requests for information under Circular 230. Learning Objectives: 1. Understand the methods that the IRS uses to gather information from and about taxpayers. 2. Discuss the methods of enforcement of IRS summons and defenses to enforcement. 3. Examine the potential defenses and privileges that may limit the IRS’s ability to obtain information. 4. Understand the lawyer’s ethical obligations when responding to an IRS request for information.

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Digital Risks and Digital Duties: Finding a Standard of Care in Cyberspace - Part 1 (05/28/2020)

Program Number: 3090 Presenter: Michael A. Goode, Esq., James M. Paulino II, Esq.

In this two-part presentation, we will begin by discussing the patchwork of data privacy statutes, regulations and case law in an effort to define the baseline for reasonable security measures, and then apply these standards to recent breach events in the medical, construction, agricultural, retail, manufacturing, financial and legal industries to highlight common security failures, and opportunities for improvement. At the conclusion of the presentation, we will discuss best practices to consider to assist in reducing the risk of data breach incidences as well as the potential exposure in the event an incident occurs.

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The Shield Act: Are You Compliant (05/20/2020)

Program Number: 3077 Presenter: Nick Akerman, Esq.

On March 20th a new law in New York went into effect requiring all businesses holding personal data belonging to New York residents to institute specific data security measures. Known as the “Stop Hacks and Improve Electronic Data Security Act" (the “Shield Act”), this new statute will be enforced by the New York Attorney General and mandates that a company must implement a number of “administrative, technical and physical safeguards” and appoint an employee to manage the cybersecurity program. Among other changes, the new law expands the definition of personal information and the definition of what constitutes a data breach. Failure to comply with this new statute authorizes the Attorney General to obtain statutory damages and the actual damages to consumers.

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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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Blockchain and Digital Assets: A Review of 2019 Legislative, Regulatory and Legal Developments and What to Expect in 2020 (03/02/2020)

Program Number: 3072 Presenter: Caroline A. Morgan, Esq. , Antonia Savaria, Esq.

In this CLE you will learn about the regulatory and legislative changes in 2019 that impacted the blockchain and digital assets space on the federal level and highlights of New York developments. We demystify the rules, regulations and the law and explain the complex interplay businesses face between innovation and regulatory/legal compliance. Join us as we discuss these key developments and what is to come in 2020. In addition to lawyers, this seminar is relevant for both FinTech startups and more mature firms.

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The Conservative Case for Class Actions (03/10/2020)

Program Number: 3068 Presenter: Professor Brian Fitzpatrick, Esq.

In this program, Professor Fitzpatrick discusses his new book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick argues that conservatives and libertarians should prefer private enforcement of the law to the only viable alternative—more government—for the same reason they prefer other private sector solutions to problems. Although he thinks our class action system is not perfect, he gathers data to show that it is working much better than people think. At the end of this program, participants will: 1) understand the theoretical advantages and disadvantages of government versus private enforcement, 2) learn the data comparing government enforcement to class actions, 3) learn the data on how many class actions are meritless, how much attorneys are paid in class actions, and how class actions deter misconduct, and 4) understand class action legal doctrines and how they might be improved.

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Latest Developments in Federal Environmental Law (03/27/2020)

Program Number: 3067 Presenter: Marc Bruner, Esq.

Marc Bruner, an experienced environmental and land use lawyer, will discuss the latest developments under the Clean Water Act, the Endangered Species Act, the National Environmental Policy Act and the Migratory Bird Treaty Act. New regulations have recently been adopted or proposed in all of these areas, and the new rules could significantly affect the permitting and compliance requirements for a broad range of development plans, programs and projects that require a federal permit or authorization. The new rules generally embrace a narrower view of federal jurisdiction and authority than the prior regulations, but there are many nuances and complexities that warrant a close examination. This presentation will discuss the new rules and the changes they represent, the implications for future interpretations and applications of these federal laws, and next steps, including litigation challenging the new rules. This is a rapidly changing area of the law, and this presentation will

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