Celesq® Attorneys Ed Center
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Programs in White Collar

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Demystifying Blockchain and Cryptocurrencies (05/07/2020)

Program Number: 3078 Presenter: David Kalat

In conventional usage, the term “hacking” generally refers to an unauthorized user gaining access to an electronic resource. Hackers use various means to steal, guess, calculate, or otherwise obtain credentials to access systems and data they are not allowed to access. When we talk about “hacking” a blockchain, however, this does not adequately or accurately describe what has happened and blinds us to understanding where the real risks lie in this new technology of distributed ledgers and crypto-assets. The high-profile, most destructive, and expensive “hacks” in blockchain environments actually represent *authorized* users misbehaving. In some cases, these are authorized users acting on their own behalf to exploit weaknesses in the system to their own gain at the expense of other users, in other cases these are authorized users who are misusing the trust placed in them by their customers. The key to protecting yourself against fraud in this new alien

$95.00Online Audio Add to Cart

Second Circuit Endorses New Criminal Theory for Insider Trading Prosecution (02/18/2020)

Program Number: 3060 Presenter: John Carney, Esq., Jonathan Forman, Esq., Jonathan New, Esq.

This program will discuss the recent groundbreaking decision United States v. Blaszczak in which the United States Court of Appeals for the Second Circuit affirmed – for the first time ever – an insider trading conviction without proof of a personal benefit to the insider or tipper. Attendees will learn how this decision builds on recent insider trading decisions to further expand insider trading liability in significant ways and how they should respond to it to bolster their companies’ compliance programs.

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

False Claims Act: Offense and Defense (04/07/2020)

Program Number: 3058 Presenter: Reuben A. Guttman, Esq., Adam S. Hoffinger, Esq.

Each year private citizen suits under the False Claims Act have returned billions of dollars to Federal and State treasuries. These suits leverage the government’s compliance enforcement resources and provide bounties to those individuals or entities – known as relators – who initiate them. Who has standing to bring these suits? How are they investigated and put together? What are the pleading requirements and what role does the government play in overseeing this litigation. These issues along with relevant ethical concerns will be discussed from both the Relator and the Defendant perspective. It is a program of particular interest to plaintiff counsel’s seeking to explore new litigation opportunities, and defense counsel, in-house and insurance counsel who work with clients who do direct or indirect business with the government and are subject to liability under the False Claims Act. It is a program of particular interest to those in the healthcare,

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Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White-Collar Attorneys (02/25/2020)

Program Number: 3048 Presenter: Evan P. Singer, Esq.

Today, corporations routinely conduct internal investigations, and those investigations serve a multitude of different purposes. In many circumstances, the corporation intends to conduct the investigation in such a way that communications will be protected by the attorney-client privilege and/or the attorney work product doctrine. Waiver of those protections, however, remains a possibility if the investigation isn’t designed and conducted with an eye to preserving privileges. In this program, Jones Day partner Evan P. Singer will (i) review fundamentals of attorney-client privilege and attorneys’ work product, including their application in ABA Model Rule 1.06 (Confidentiality of Information), ABA Model Rule 1.13 (Organization as Client), Federal Rules of Evidence 501, 502, Federal Rule of Civil Procedure 26(b)(3), as well as certain foundational cases, including Upjohn and In re KBR, (ii) discuss more recent cases discussing the application – and potential waiver of – attorney-client privilege and/or work product in the context of internal investigations, and (

$95.00Audio Tape Add to Cart $95.00Online Audio Add to Cart

Newest Developments in Delaware M&A Litigation (01/08/2020)

Program Number: 3034 Presenter: Evan P. Singer, Esq.

In this program, attendees will hear about recent trends and developments in M&A-related litigation in Delaware and other jurisdictions, such as the shift away from Delaware Chancery Court and into federal district court, fewer “disclosure only” settlements, and the increased use of Delaware Section 220 demands and post-closing breach of fiduciary duty claims. The program will be of use to attorneys who are called on to litigate M&A-related claims, as well as transactional attorneys who advise parties about the risks of litigation following the announcement of a significant transaction.

$95.00Online Audio Add to Cart

Ethics in Internal Investigations (06/23/2020)

Program Number: 30163 Presenter: James M. Koukios, Esq., Carl "Chip" Loewenson, Jr., Esq., Christine Y. Wong, Esq.

Investigations + White Collar Defense team members James Koukios, Chip Loewenson and Christine Wong will present this webinar on legal ethics in investigations. The presenters are all former federal prosecutors. The presentation will cover these topics: (1) the company as client; (2) multiple representations; (3) joint defense agreements; and (4) special considerations when conducting internal investigations during the COVID-19 pandemic.

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Must Lawyers Now Affirmatively Challenge Their Clients? — New ABA Guidance (06/08/2020)

Program Number: 30157 Presenter: Daniel R. Alonso, Esq., Joel Cohen, Esq., Michael S. Ross, Esq.

Lawyers are trusted keepers of their client’s secrets, but sometimes a lawyer might suspect that the client is seeking the lawyer’s advice or assistance to carry out a transaction that is criminal or fraudulent. Existing Rule 1.2(d) of the American Bar Association’s Model Rules of Professional Conduct prohibits lawyers from counseling clients to engage in activity the lawyer knows is fraudulent. But what if the lawyer strongly suspects nefarious aims, but does not have actual knowledge? On April 29, 2020, the ABA issued Formal Opinion 491, in which it advised that lawyers have a duty to inquire further if the facts known establish a “high probability” that the client is seeking to use the lawyer’s services to commit a crime or a fraud. The panel of distinguished ethics professionals will explore the contours of this duty to inquire, with concrete guidance and examples of scenarios in which the issue

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Asserting and Defending Bid Protests for Federal Contractors (12/23/2019)

Program Number: 29176 Presenter: Maria Panichelli, Esq.

In today’s competitive federal marketplace, protests are an almost inevitable feature of many procurements. To succeed, contractors must learn to use protests to go after the contracts they deserve, when improperly awarded to someone else. At the same time, contractors must be able to defend baseless protests challenging their own awards, brought by disgruntled competitors. Assisting clients with these processes requires a thorough understanding of the complex web of regulations and requirements governing the protest process. In this session, experienced government contracts lawyer Maria Panichelli walks you through the protest process, explaining how to successfully assert and defend bid protests. Learning objectives: • Differentiate between bid protests, size protests, and status protests, and understand when to use which • Study the procurement timeline, and recognize protest or debrief “trigger” events • Learn how to use a debriefing, what types of questions to prepare, and what can, and cannot be covered during the

$95.00Online Audio Add to Cart

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