Celesq® Attorneys Ed Center
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Programs in Asset Protection

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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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 Overview of NY SHIELD and What You Need to Do to Comply (03/19/2020)

Program Number: 3063 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

This program will provide an overview of the recently enacted New York SHIELD Act, which applies to any entity that possesses the personally identifiable information of a New York resident and requires such entities to implement reasonable administrative safeguards to protect such information from data breaches and cyberattacks. The program will explain the new statute’s specific requirements including those concerning risk identification, assessment of existing controls, and vendor agreements governing personally identifiable information. The program will also address how attorneys can best advise clients seeking to establish compliant information security safeguards and assist clients in proactively preventing cybersecurity incidents that could create exposure under the New York SHIELD Act and other state, federal, and international laws.

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Ethically Developing A Law Firm Security Game Plan (12/17/2020)

Program Number: 30291 Presenter: Kenneth Jones, Dan Schatz, Esq.

Increasingly, law firms face the challenge of developing a comprehensive game plan to defend against the myriad of cyber threats ever-present in today’s world. Attorneys themselves, pursuant to ABA Model Rule 1.1, are called upon to act reasonably and promptly to stop data breaches and mitigate damage resulting from the breach. Similarly, Model Rule 1.6 calls for lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. To help mitigate risk, this program will discuss areas such as end user security training, the importance of executing backup drills, key elements of a proper law firm defensive infrastructure, advice for remote working scenarios and other topics.

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Foreign Trademark Filing Considerations and Pitfalls to Avoid (11/11/2020)

Program Number: 30251 Presenter: Neha Bhalani, Esq., Peter Nussbaum

U.S. trademark rights stop at the U.S. border. In order to be protected outside of the U.S., trademark rights must be obtained separately across territories. In this program, the presenters will discuss key considerations for foreign trademark filings including the differences between first-to-use and first-to-file jurisdictions, establishing trademark priority, and the different filing strategies and options for obtaining trademark protection abroad. The presentation will also touch upon some differences across territories on eligibility for trademark registration as well as the differing standards of likelihood of confusion. Finally, the presenters provide key takeaways and pitfalls to avoid when representing brand owners.

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The Six Stages of Trade Secret Misappropriation Protection (11/18/2020)

Program Number: 30246 Presenter: David L. Cohen, Esq., Michael J. Kasdan, Esq. - Wiggin and Dana LLP, Donal O'Connell

This presentation examines considerations for an effective trade secret asset management through the prism of trade secret misappropriation, examining how to approach the question of what to protect as a trade secret and how and whether a company would safeguard and enforce its IP if there were a misappropriation. There are six sequential stages of consideration: Recognition, Detectability, Provability, Specificity, Correlation, and Mitigation. (Any similarity to “The Six Stages of Grief” is purely coincidental. In fact, following these six stages is designed to avoid grief on the part of the trade secret holder when the time arises to pursue a claim of trade secret misappropriation.)

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The New Subchapter V of the Bankruptcy Code: A New Way for Small Businesses to Reorganize (10/02/2020)

Program Number: 30235 Presenter: Andrew Weissman, Esq.

For many years now, reorganizing under Chapter 11 had been out of reach for many smaller debtors. As strange as it may sound, it was too expensive for smaller businesses to file for bankruptcy and reorganize under Chapter 11. The expense of funding a creditors’ committee, the U.S. Trustee fees, and costs of preparing a disclosure statement and soliciting a plan of reorganization were too much for many businesses. Not only was it expensive, but small business owners could lose control of the business if unsecured creditors did not support the reorganization. To remove these barriers to reorganizing under the Bankruptcy Code, Congress enacted the new Subchapter V of the Bankruptcy Code. The new Subchapter seeks to simplify the reorganization process by eliminating some of the large expenses of Chapter 11 bankruptcy cases, including funding a creditors’ committees and certain United States Trustee fees, while speeding up the process by requiring a

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Practitioners Take Note: Don't Get Bitten by the Federal Tort Claims Act (10/15/2020)

Program Number: 30221 Presenter: Clifford A. Rieders, Esq.

The Federal Tort Claims Act is the way that the federal government is sued for negligence. There are many exceptions to the Act and a complex framework with respect to when an entity and its employees are deemed to be covered by the F.T.C.A. The law has also evolved dramatically as to when certain organizations, especially medical health care entities, receive protection under the Federal Tort Claims Act. Contributory negligence is different than most state law. Parts of the FTCA borrow state law, and for some issues “federal law” governs. The SOL, particularly in minor’s tolling, is unique. Who gets sued, who gets served and exhaustion cannot be ignored? This seminar will deal with the major issues concerning the Federal Tort Claims Act, including how one deals with it and how one can be bitten by the Act.

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The Perils of Prenups: When is a Prenup Harmful, When is it Helpful, and How to Draft a Constructive One (06/26/2020)

Program Number: 30169 Presenter: Chaim Steinberger, Esq.

Prenuptial agreements are becoming more and more popular even as most people recognize that a prenup often hurts the betrotheds’ relationship and can cause the relationship itself to fail. In many instances a prenup accomplishes nothing so there's no reason to incur this risk. Yet in other instances, a prenup might actually be crucial. This presentation will explore the times that a prenup is not necessary and those times when it is; the harms a typical prenup causes; and how to prepare and negotiate one so that it improves, rather than harms, the betrotheds’ relationship.

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Lessons from John Steinbeck's The Grapes of Wrath: Copyright Terminations Under Sections 203 and 304 of the Copyright Act (06/03/2020)

Program Number: 30159 Presenter: Raymond Dowd, Esq.

In 1976 and 1998 Congress extended the terms of copyright. Congress intended for authors to receive the full economic benefit of the extended copyright terms by granting authors and their heirs inalienable rights to recapture copyrights. These recaptured copyrights, vesting free of all prior grants, could then be re-licensed on economic terms favorable to authors. To protect authors’ families from disinheritances, late-life lovers or squabbles among over-reaching heirs, Congress preempted state inheritance law and created statutory heirs. Congress’ statutory scheme benefitting authors and their families has been threatened by recent decisions of the Second and Ninth Circuits that have generated a recent cert petition to the Supreme Court in Steinbeck v. Kaffaga over film rights to The Grapes of Wrath. Many copyright termination disputes are now pending. Join Ray Dowd in examining this fascinating case and learn why understanding the issues at stake and the mechanics of copyright terminations is important for

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Protecting Confidential Information When Sheltering in Place – Strategies for Avoiding The Loss of Company Secrets (05/12/2020)

Program Number: 30137 Presenter: Christipher K. Larus, Esq., David A. Prange, Esq.

The COVID-19 pandemic has caused dramatic shifts in the workplace. Companies have been forced to rapidly adjust their policies to enable employees to work from home, have quickly adopted new technologies to maintain business operations, and have seen unprecedented levels of employee mobility. Each of these changes have increased the risks of trade secret misappropriation and the loss of other valuable confidential information. The termination of shelter-in-place directives and reversion to the on-site workplace presents further risks to company confidential information now shared to facilitate distanced activities. This presentation will address these increased risks and discuss best practices for protecting trade secret and other confidential information as companies and their legal departments plan their return to on-site work.

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