Celesq® Attorneys Ed Center
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Programs in (ADR) Alternative Dispute Resolution

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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

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

Hot Topics in Right of Publicity Disputes (03/09/2021)

Program Number: 3140 Presenter: Stan Soocher, Esq.

The parameter of rights in an individual’s persona—name, voice, likeness and other elements of an individual’s identity—is often a key consideration for creators of media content and their counsel. This presentation examines recurring legal issues and recent case law developments in disputes over such rights of publicity. Topics to be covered include: whether a right of publicity has been effectively assigned; how statute of limitation concerns can impact right of publicity litigation; which state’s or country’s right of publicity law applies; the interplay of publicity rights with federal Lanham Act claims individuals may pursue over unauthorized uses of their personas; and whether a defendant has raised a viable “transformative use” argument that will defeat an unauthorized use claim.

$95.00Audio Tape Add to Cart

The Foreign Corrupt Practices Act: For Small and Medium Size Businesses and Their Owners (01/21/2021)

Program Number: 3118 Presenter: Sixtine Bousquet-Lambert, Esq., Luke McGrath, Esq., Carolina Pineda-Martinez, Esq., Eden P. Quainton, Esq., Ludovico Rossi, Esq.

The Foreign Corrupt Practices Act is a major source of liability for US companies doing business abroad as well as for non-US companies with subsidiaries, listings or even transient contacts in the US. Many of the high-profile cases over the past decade have involved large multinationals such as Total, Alcatel, Eni and Tyson Foods. But the SEC and DOJ are increasingly turning their attention to individuals as a means of putting teeth in the FCPA. In addition, smaller companies have been caught in the cross-hairs of the US regulators and have faced fines reaching in the tens of millions of dollars—very significant amounts for smaller companies. Finally, the reputational risk associated with an SEC or DOJ enforcement action can permanently damage a company’s goodwill regardless of its size. As a result of the foregoing, small and medium sized businesses and their owners would be well advised to be

$95.00Audio Tape Add to Cart

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.

$95.00Audio Tape Add to Cart

Practical Tips for Obtaining a Temporary Restraining Order Against Former Employees (01/13/2021)

Program Number: 3106 Presenter: Rogge Dunn, Esq., Greg McAllister, Esq.

The key to winning a successful Temporary Restraining Order (TRO) is understanding your client's goals. Rogge Dunn and Greg McAllister have spent a great part of their practice working with clients seeking or defending against injunctive relief. They’ll share their thoughts on strategy and clear thinking before seeking extraordinary relief. Topics will include legal points (drafting pleadings and orders) and specific subjects (trade secrets, noncompetition/nonsolicitation covenants, lift outs). They will also share stories from the battlefield because practical tips can make the difference between winning and losing.

$95.00Audio Tape Add to Cart

NYC Human Rights Law: The 'Gold Standard' of Anti-Discrimination Laws (02/16/2021)

Program Number: 3104 Presenter: Mark S. Goldstein, Esq., Alexandra Manfredi, Esq.

As many businesses have come to learn in recent years, New York City is home to one of the nation’s most expansive anti-discrimination laws: the New York City Human Rights Law (NYCHRL). The NYCHRL is unique on a multiple fronts, including its broad protections and definitions, burdensome obligations for employers, and expanded remedies. This program will explore the history of the NYCHRL, what differentiates it from other anti-discrimination statutes, and provide practical recommendations for employers grappling with its multifaceted requirements.

$95.00Audio Tape Add to Cart

Up the Ladder Reporting – Counsel’s Ethical and Legal Obligations for Addressing Potential Violations by Management (05/19/2021)

Program Number: 3101 Presenter: Erik R. Anderson, Esq., Carolyn H. Kendall, Esq.

This ethics program will discuss a lawyer’s legal and ethical obligations when he or she believes that a member of management is no longer fit to carry out company responsibilities or potentially violating company policy or the law. Drawing from real world examples, this program will ensure that both in-house and outside counsel understand their role and obligations under such circumstances and provide them with practical steps to navigate these complex situations. Participants will understand their applicable ethical duties under the Model Rules and the Sarbanes Oxley Act of 2002, including when or if a “noisy withdrawal” is required; learn when and under what circumstances they can or should report to the Board or other governing body; and the role of internal investigations conducted by outside counsel, including potential risks and complexities for in-house counsel who may have been involved in the underlying fact pattern.

$95.00Audio Tape Add to Cart

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.

$95.00Online Audio Add to Cart

Handling Death Cases in New York (12/04/2020)

Program Number: 30290 Presenter: Andrea Alonso, Esq.

There are two separate and distinct causes of action in death cases: survivorship cause of action and wrongful death. ● Survivorship cause of action belongs to the estate for decedent’s pain and suffering prior to death. ● Wrongful death cause of action belongs to distributees who have suffered pecuniary loss by reason of death. In any death case, there will be a unified trial. The Burden of proof is still the plaintiff’s, but not as high a burden as in death cases. For wrongful death damages, decedent’s estate is entitled to collect interest at the rate of 9% from date of death to date of judgment, governed by Section 5-4.2 of the Estates, Powers and Trusts Law (hereinafter the EPTL). Join Andrea Alonso as she helps attorneys to familiarize themselves with the two distinct causes of action and what is and is not recoverable under each.

$95.00Audio Tape Add to Cart

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