Celesq® Attorneys Ed Center
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Programs in Complex Resolution Strategy

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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

Forward-Looking Tips to Avoid Spoliation Sanctions (02/22/2021)

Program Number: 3142 Presenter: Sarah Benowich, Esq., Daniel J. Melman, Esq.

Using a recent Federal Circuit and Northern District of California decision applying spoliation sanctions in a patent infringement case, we will discuss practical tools, tips, and best practices to avoid spoliation sanctions even before parties enter litigation. This webinar will be relevant to outside and in-house counsel, and will discuss the opportunities and need for ongoing counseling regarding a client’s obligations to preserve evidence. While the webinar will focus on a recent patent infringement case, it serves as guidance for practitioners in all litigation specialties, and will highlight areas for fostering ongoing client communication.

$95.00Audio Tape Add to Cart

The SEC’s Whistleblower Program in 2021 and Beyond (02/24/2021)

Program Number: 3129 Presenter: Jay A. Dubow, Esq., Robert L. Hickok, Esq., Kaitlin L. Meola, Esq.

The Securities and Exchange Commission’s Whistleblower Program was created in 2010 to assist the SEC in discovering securities law violations by providing incentives for individuals to report possible violations. The Program has been successful; to date, the SEC has received tens of thousands of whistleblower tips, resulting in more than $2 billion in monetary sanctions, and has awarded more than $700 million to whistleblowers whose tips resulted in enforcement actions. On September 23, 2020, the SEC voted to amend the Program’s rules in order “to provide greater clarity to whistleblowers and increase the program’s efficiency and transparency.” The amendments—effective December 7, 2020—include changes to the way the SEC determines awards, changes that streamline the process for submitting and evaluating tips, and clarifies various definitions. The changes may incentivize whistleblowers to report possible securities law violations, and companies should ensure that their internal whistleblower policies are current and provide adequate internal processes for

$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

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.

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

Conscience Exemption in the Supreme Court, Past and Present (08/05/2020)

Program Number: 3082 Presenter: William M. Pinzler, Esq.

For decades, the Courts, especially the Supreme Court, have been asked to balance the demands of people with sincerely held religious beliefs with the laws of an ordered society., Most recently religious conservatives have been pressing for a greater acceptance of their view that any kind of “sincere” religious belief should exempt them from conduct that they consider to interfere with those beliefs. This podcast and accompanying material will review how sincere religious beliefs have been examined during the 20th and 21st century, including claims of conscientious objection, with a focus on recent Supreme Court cases.

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

The Courtroom is my Theater (03/24/2020)

Program Number: 3059 Presenter: Jay Goldberg, Esq., Alex Huot, Esq.

Trial Lawyers Need to Understand the Doctrine of Constructive Amendment of an Indictment and How the Failure to Do so May Result in the Conviction of Violation of a Defendants Fifth Amendment Rights. The Fifth Amendment guarantees defendant the right to be tried for only those offenses presented in the indictment returned by a grand jury. One must be careful to recognize when the evidence presented at trial proves a crime different from any one charged in the indictment. Do the jury instructions broaden the scope of the indictment by permitting conviction for an uncharged offense? Jury instructions may cure an allegedly amended indictment by limiting the charges on which the defendant may be convicted. A variance occurs when the evidence at trial proves facts other than those alleged in the indictment. How does one distinguish an amendment from a variance? Fifth Amendment rights are at issue.

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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

Relationships and Conflicts—How Friendly Is Too Friendly? (12/23/2020)

Program Number: 30281 Presenter: Daniel J. Siegel, Esq.

The American Bar Association Standing Committee on Ethics and Professional Responsibility recently issued Formal Opinion 494, “Conflicts Arising Out of a Lawyer’s Personal Relationship with Opposing Counsel,” which is intended to address which relationships between counsel require client disclosure and which do not reach that level. While Model Rule of Professional Conduct 1.7 provides general guidance, the reality is far more challenging. This program will discuss the ethical and practical considerations lawyers confront, with colleagues who are friends, close friends, acquaintances, and those with whom the relationship is far more intimate.

$95.00Audio Tape Add to Cart

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