Celesq® Attorneys Ed Center
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Programs in Litigation & Litigation Skills

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Problems and Challenges in Federal Criminal Trial Practice Resulting From COVID-19 (12/03/2020)

Program Number: 30265 Presenter: Michael J. Engle, Esq., Ann Flannery, Esq., Peter Vaira, Esq.

This session will explore the challenges and novel legal issues arising in Federal criminal trial practice and procedure stemming from the pandemic. We will explore a variety of legal issues arising from COVID restrictions including challenges to the empanelment and activities of grand juries; difficulties in handling discovery practice and proposed changes to Rule 16 and the Jencks Act; limitations on defense investigation, client consultation and witness interviews; speedy trial concerns; motions seeking to ensure a fair cross-section of the defendant’s community in jury selection; effective advocacy in the courtroom with social distancing and mask wearing; as well as the proper preservation of appellate issues.

$95.00Audio Tape Add to Cart

Emerging Issues in Cybersecurity & Privacy Law (11/16/2020)

Program Number: 30260 Presenter: Daniel Marvin, Esq.

With 2020 set to bring a record high number of data breaches, state legislatures across the country are continuing to strengthen their existing privacy statutes and are creating new ones with an increased focus on consumer protection. This program, presented by Daniel Marvin, leader of Morrison Mahoney LLP’s Cybersecurity and Data Protection Practice, will provide an overview of emerging trends in this legislation, with an emphasis on how the states are shifting their focus towards comprehensive data privacy laws that put more control over how personal data is used in the hands of consumers, and what businesses must do to comply with these regulations. The program will also review the latest developments in data breach litigation to identify trends and topics of interest to attorneys providing advice or counsel to clients in this area. Learning Objectives: 1. Analyze emerging trends in data protection statutes and compliance requirements in the event that

$95.00Audio Tape Add to Cart

Bankruptcy and Intellectual Property: Avoiding Traps and Exploiting Opportunities When They Merge (10/23/2020)

Program Number: 30254 Presenter: Michael H. Strub, Jr., Esq.

As a result of the pandemic, bankruptcy filings by large companies have surged. This program reviews what attorneys and their clients should know about how bankruptcy law can affect intellectual property rights, including the right to bring litigation and to terminate or perpetuate licenses. The program also discusses issues that potential licensees and licensors of intellectual property should consider during the drafting and negotiation of licenses to avoid potential pitfalls.

$95.00Audio Tape Add to Cart

Force Majeure Lease Provisions and Covid-19 Related Relief: More Power to the Tenants?” (12/01/2020)

Program Number: 30253 Presenter: Michael Kwiatkowski, Esq., Michelle McMahon, Esq., Matthew G. Roseman, Esq., Michael H. Traison, Esq.

With the spiraling rate of challenge and even failure for restaurants and retail establishments many lawyers are experiencing their first Encounters since law school with the concept of force majeure. Cullen and Dykman’s team of insolvency lawyers are prepared to explain in plain English.

$95.00Audio CD Add to Cart

Technology and the Evolution of the Lawyer/Client Relationship (11/20/2020)

Program Number: 30252 Presenter: Valerie Pennacchio, Esq.

Like most industries, the legal industry is ripe for disruption because of emerging technologies like artificial intelligence, quantum computing, and blockchain. In tandem with technological innovation will be a change in the relationship between corporate law departments and outside counsel. While law departments and outside counsel will need to collaborate to mitigate risks and tackle litigation arising from the use of new technologies, new technology will support a change in the structure of businesses providing legal services and will be leveraged to streamline processes and increase efficiency. This program, taught by Valerie Pennacchio, will cover: (1) The technological advancements that are most poised to support disruption; (2) Use cases for these technologies in the legal industry; and (3) The impact of technology on the relationship between law departments and outside counsel.

$95.00Audio Tape Add to Cart

Vetting Your Vendors: Pitfalls and Solutions Every Cannabis Business Needs to Know (11/10/2020)

Program Number: 30249 Presenter: Rebecca L. Rakoski, Esq.

This presentation will discuss the importance of vendor management in the cannabis industry. We will explore recent vendor- related data breaches, contract pitfalls, and explain the regulatory framework every cannabis business needs to understand. We will also highlight common pitfalls in vendor contracts that can lead to litigation and provide a three-step process to address vendor management.

$95.00Audio CD Add to Cart

Recent Decisions Impacting Class Certification Motions in Securities Litigation (12/09/2020)

Program Number: 30248 Presenter: Jay A. Dubow, Esq., Robert L. Hickok, Esq., Whitney R. Redding, Esq.

Recent Supreme Court rulings have changed the landscape of what evidence may be considered by courts when deciding motions for class certification in securities litigation. This presentation provides an overview of the “fraud on the market” theory, which permits securities-fraud plaintiffs to invoke a rebuttable presumption of reliance. We will explore the Court’s recent trilogy of decisions in Haliburton I, Amgen, and Halliburton II, which require lower courts to split some very fine hairs in determining the issues relevant to class certification and those that must be reserved for the merits. The presentation will also address recent courts of appeals decisions that have provided further guidance on what a plaintiff must prove to establish, and what a defendant must prove to rebut, the fraud on the market presumption at the class certification stage. Finally, the presentation will discuss some litigation tactics that parties should consider in seeking and challenging

$95.00Audio CD Add to Cart

Recent Developments in Securities and Shareholder Litigation (10/08/2020)

Program Number: 30243 Presenter: Evan P. Singer, Esq.

In this program, Jones Day partner Evan P. Singer provides an overview of recent developments in federal securities litigation, including recent statistics about case filings, as well as substantive updates concerning cases filed relate to the COVID-19 pandemic, recent cases that focus on board diversity, the SEC’s ability to obtain disgorgement as an equitable remedy under Liu v. SEC, as well as recent opinions concerning standing under the 1933 Act, such as Salzberg v. Sciabacucchi, and the recent California Superior Court opinion in Wong v. Restoration Robotics.

$95.00Audio CD Add to Cart

Telehealth Updates: The Future of Healthcare or Just “Dialing It In?” (hint: it’s the future of healthcare) (10/08/2020)

Program Number: 30234 Presenter: Scott R. Landau, Esq.

In this presentation, healthcare regulatory and fraud and abuse experts Scott R. Landau and Kenneth M. Abell from the boutique healthcare law firm Abell Eskew Landau LLP discuss the ever evolving federal and state level telehealth policies, rules, and requirements, and the steps that providers must take to ensure compliance both during the COVID-19 crisis and in a stricter post-pandemic environment. The presenters will also telehealth address reimbursement, fraud and abuse risks and government enforcement associated with use of telehealth modalities, and the future of telehealth as a permanent part of our healthcare delivery system post-COVID.

$95.00Audio CD Add to Cart

Disgorgement in SEC Enforcement Actions After Liu (10/14/2020)

Program Number: 30233 Presenter: Joseph Gallagher, Esq.

This summer’s decision in SEC v. Liu saw the Supreme Court answer a question that had been on the minds of every white collar securities litigator (and their clients) since 2017: does the SEC have the power to disgorge the ill-gotten gains of defendants found to have committed securities fraud? The Court said yes – but with limits. Trial courts are already being asked to test those limits, and how Liu gets interpreted could impact virtually every enforcement action brought by the SEC. In this webinar, we will address: • The history of disgorgement as an equitable remedy; • How the Supreme Court’s 2017 decision in Kokesh put the availability of disgorgement in SEC enforcement actions, which had been sacrosanct for years, squarely in play; • How Liu erected guardrails around the SEC’s use of disgorgement to maintain its equitable nature; and • What the future might look like for litigating remedies in SEC

$95.00Audio CD Add to Cart

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