Celesq® Attorneys Ed Center
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Programs in Asset Protection

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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

Smells Like Teen Hackers: The Secret Origin Story of American Cybersecurity (03/30/2021)

Program Number: 3178 Presenter: David Kalat

This webinar explores how fictional scares and even more worrisome “stranger than fiction” scares in 1983 led to the enactment of the Computer Fraud and Abuse Act (CFA) and the Computer Security Act of 1987. The historical framing is used to explain why certain limitations or peculiar features of these laws were enacted. This discussion also examines criticisms of these computer security laws by civil libertarians and privacy advocates, and ways in which the laws have been challenged and amended to address those critiques. In many ways, the secret origin story of American cybersecurity begins in 1983, when the very idea of computer crimes seemed to many like science fiction. Personal computers were still a novelty, and the only users of the Internet were government scientists. But U.S. defense analysts foresaw risks from hostile governments like Russia, as well as terrorists and criminals, not to mention mischief from garden variety hackers. Their

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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

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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

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Targeting Law Firms: Inside the Cyber Criminal Economy (01/22/2021)

Program Number: 3133 Presenter: Mark Sangster

Law firms are a proven target for everything from smash-and-grab, fraudulent wire transfers, to sophisticated and elaborate schemes designed to garner a huge criminal payday after crippling your firm. Unfortunately, most firms don’t take the threat seriously or see their adversary as opportunistic amateurs. The reality is, a robust cybercriminal economy exists to bring together experts in phishing lures, intrusion and exfiltration of data, malware deployment and detonation, the fencing of stolen data and laundering of ransoms. Mark Sangster cybersecurity expert and author of “No Safe Harbor: The Inside Truth About Cybercrime and How to Protect Your Business” as he exposes the economic operations and technical apparatus behind real world cyberattacks, and provides a lightweight framework that law firms can protect their business and clients.

$95.00Audio Tape Add to Cart

What is “Authorized Access” and How Do Employers Deal with Misuse of Access Credentials Post-VanBuren vs United States (02/03/2021)

Program Number: 3122 Presenter: Michelle A. Schaap, Esq.

As this summary is being written on December 1, 2020, the United States Supreme Court is considering the fate of the Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States. CFAA had been used by employers in certain circuit courts successfully to hold employees accountable for misuse and/or misappropriation of employers’ data to which the employees were otherwise authorized to access in the course of their employment. At the time this program is presented, we expect the Court will have rendered its ruling in Van Buren. Regardless of the fate of the CFAA, employers can and should employ other means, statutorily, contractually, and technologically, to protect their trade secrets and other confidential and proprietary information from misuse, exfiltration and alteration. Moreover, for employers who are attorneys, they are ethically required to not only keep client information confidential, but to stay abreast technology that may facilitate the protection of

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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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Evolving Foreign Trade Risks Under CFIUS: What Lies Ahead? (02/10/2021)

Program Number: 3112 Presenter: Michael Clark, Esq., Alan F. Enslen, Esq., Aldo M. Leiva, Esq., Hon. Joe D. Whitley, Esq.

The panelists will provide an overview of key changes to U.S. dual-use export controls in the past 18 months and enforcement initiatives relating to ongoing interagency efforts to designate and safeguard U.S. emerging and foundational technologies, and the continued evolution of regulations and policies governing national security reviews of foreign direct investment into the United States—along with observations about the anticipated status of these initiatives in the next year. Attention will also be given to cybersecurity due diligence for covered transactions, how investigations get launched, opportunities for assisting clients, such as internal investigations and examining compliance issues, and an overview of potentially applicable federal statutes that may be implicated.

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Countering Crime Insurers’ “Direct Loss” Defenses against Coverage for Cyber Scams (01/06/2021)

Program Number: 3111 Presenter: Joshua Gold, Esq.

Among the various arguments insurance companies have deployed to attempt to deny “Computer Fraud” coverage under crime policies, three have been focal points in multiple court contests. All three are variants on the theme that the crime in question was not “brute force” hacking per se – direct invasion of a computer – but scams that in one way or another induced action from individuals acting on behalf of the targeted organization. Participants in this session will learn the nuances of these defenses against coverage, the grounds on which state and federal courts have rejected them, and the terms in which to credibly resist coverage denials under crime policies when their organizations are the victims of cyber scams.

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Estate Planning Opportunities with "20/20 Vision": The Impact of the Federal Election on Existing Estate Plans (01/19/2021)

Program Number: 3109 Presenter: Melanie E. Cuddyre, Esq.

This program will discuss the unique estate planning opportunities created as a result of the 2020 Federal election. The 2021 Federal Estate and Gift Tax Exclusion is $11.7M per individual (or $23.4M for a married couple). While the exclusion was already set to drop to $5 million, as adjusted for inflation, on January 1, 2026, the recent Federal election creates the possibility that the exclusion will be reduced before that date, and potentially be reduced to a lesser amount. The Internal Revenue Service (IRS) has issued regulations confirming that gifts made prior to a reduction in the exclusion will not be “clawed back” into the gross estate for Federal Estate Tax purposes. Lifetime gifting opportunities, including the use of Spousal Limited Access Trusts (SLATs), Grantor Retained Annuity Trusts (GRATs), Qualified Personal Residence Trusts (QPRTs), and other techniques allow individuals to take advantage of the current exclusion rate while they are still able. This program discusses

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