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Programs in Criminal Law & Procedure



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The Ethics of Social Media Use by Attorneys (December 3, 2019)

Program Number: 2998 Presenter: Ronald Hedges, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Social media is seemingly all pervasive. Unsurprisingly, social media is used by attorneys for many purposes. That use carries both benefits and ethical risks for attorneys. This webinar will examine those benefits and risks through a review of the New York State Bar Association Social Media Ethics Guidelines, a comprehensive guide to attorney use of social media. This webinar will discuss: • Attorney conduct |Attorney advertising • Furnishing of legal advice | Review and use of evidence • Communicating with clients • Researching jurors and reporting juror misconduct • Communicating with or “friending” a judge.

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An Overview of Shareholder Derivative Litigation Principles and the Impact of Director and Officer Indemnification Agreements (August 7, 2019)

Program Number: 2996 Presenter: Jennifer Hadley Catero, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** This course provides an overview of the procedural mechanics of a shareholder derivative claim including the nature of a derivative claim, the posture of the named parties, determining applicable law, the demand requirement, demand futility, the role of the internal investigation and special litigation committees. The course also touches upon the various sources of coverage for a director or an officer who is targeted by such a claim including D&O insurance, statutory indemnification requirements and also the corporation’s charter documents including the articles and bylaws. Indemnification Agreements can also provide an additional layer of protection for the director and officer which can help corporation’s attract top talent. Some

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The Future of IRS Voluntary Disclosures in a Post-OVDP World (July 18, 2019)

Program Number: 2993 Presenter: Matthew D. Lee, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Following the termination last fall of its immensely successful Offshore Voluntary Disclosure Program (OVDP), the Internal Revenue Service (IRS) has announced a new regime to govern all voluntary disclosures regarding tax noncompliance. These new procedures apply to both domestic and offshore voluntary disclosures, and in many ways, they replicate the procedures under the now-shuttered OVDP. In other ways, the new procedures are significantly different, particularly the new civil penalty framework, which calls for the imposition of a 50 percent penalty on undisclosed offshore financial assets, and a 75 percent civil fraud penalty on unpaid taxes. This program will trace the history of IRS voluntary disclosure programs, review key elements of the new regime

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What Millennial Lawyers Want! (May 22, 2019)

Program Number: 2986 Presenter: Susan Smith Blakely, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** The Facts about Millennial Lawyers: The Values that Millennial Lawyers Bring to the Profession; What Millennial Lawyers Want from Law Practice; The Challenges for Law Firms to Initiate Changes to Retain and Develop Millennial Lawyers; and The Similarities Between the Values of Millennial Lawyers and Lawyers of The Greatest Generation. We’ve activated author discount code USZP-DLMP#200733 for 33% off purchases of the print book from 5/15 to 5/30, available at the Wolters Kluwer website: https://www.wklegaledu.com/Blakely-MillenialLawyers1/

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Biometrics and the New Wave of Class Action Lawsuits (May 30, 2019)

Program Number: 2984 Presenter: Harrison Brown, Esq., Jeffrey N. Rosenthal, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Whether it is an employee’s fingerprint used to clock in and out of work, or using your face to unlock a phone, the use of biometric information is becoming increasingly commonplace. Such biometric information provides convenience in a complicated world. But, at the same time, creates legal risk for businesses in all industries. This webinar will explore what biometric information is and how it is used; the jurisdictions which regulate biometric information; the requirements imposed on businesses; trends in lawsuits over the use of biometric information; and compliance strategies intended to reduce exposure.

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Trends in Corporate Internal Investigations (June 4, 2019)

Program Number: 2982 Presenter: Benjamin S. Fischer, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** This program will focus on cutting edge trends in corporate internal investigations, including recent issues such as the legal implications of the government deputizing law firms to conduct criminal investigations, cross-border privilege and data protection issues, and the impact of the DOJ’s recent corporate compliance evaluation standards. The program will be led by Benjamin Fischer of Morvillo Abramowitz Grand Iason & Anello PC. Mr. Fischer has extensive experience representing companies and individuals in global internal investigations and related proceedings.

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Sedona Provides Updated, Practical Guidance for Legal Holds (June 18, 2019)

Program Number: 2975 Presenter: Donna L. Fisher, Esq., Matthew J. Hamilton, Esq., Jason Lichter, Esq., Robin E. Martin, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** Good-faith, reasonable, and proportional document preservation should be top of mind for any entity trying to satisfy its discovery obligations and mitigate the risks associated with failing to preserve potentially relevant, discoverable electronically stored information. Given the increasing volume and variety of ESI, determining what to preserve—and when to do so—is vital. This panel discussion, featuring four experienced litigators and e-discovery experts from Pepper Hamilton LLP, will use the recently announced Sedona Conference Commentary on Legal Holds, Second Edition as a starting point for a discussion of recent case law and best practices for determining when a legal hold should be imposed, the types of data to be preserved

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CCPA: How to Anticipate and Defend Litigation Under California’s New Privacy Law (July 15, 2019)

Program Number: 2973 Presenter: Jennifer A. Jackson, Esq., Tracy M. Talbot, Esq., Jed P. White, Esq.

**** CD's are pre-order only and not available until after the program date - Online Programs are not available until after the program date. If the online purchase button is not showing, then the on-demand program is not yet available. **** The California Consumer Privacy Act of 2018 (“CPPA”) is arguably the most comprehensive and complex data privacy regulation in the United States. Hasty drafting and a broad consumer protection mandate – combined with a private right of action and hefty statutory damages provision – promise an onslaught of litigation when the CCPA goes into effect in January 2020. This program will address how to prepare for and, ideally, mitigate the litigation risks facing companies that do business in California.

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11 Months In – What You Need to Know About GDPR Scope and Enforcement Actions

Program Number: 2968 Presenter: Odia Kagan, Esq.

Having gone into effect on May 25, 2018 with a “big bang”, the European General Data Protection Regulation (GDPR) overhauled how many companies handle personal data. 11 months in, after the publication of new guidelines on the extraterritorial scope of GDPR and a number of enforcement actions, we have more clarity about what companies fall in scope and things to keep in mind when working on compliance. In this webinar, Odia Kagan, Partner and Chair of GDPR Compliance and International Privacy at Fox Rothschild LLP, will discuss how GDPR applies to you if you are a non-EU entity, key takeaways from enforcement actions and how this all relates to the new California Consumer Privacy Act (CCPA).

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Lessons from 'Michael Cohen v. United States'

Program Number: 2964 Presenter: Kelly Cullen, Esq., Wendy Curtis, Esq., E. Scott Morvillo, Esq., Ellen Murphy, Esq., Jeremiah Weasenforth, Esq.

On April 9, 2018, the FBI raided the office, home, and hotel room of President Donald Trump’s personal attorney, Michael Cohen, seizing business records, emails, and electronic data from computers and data storage devices. Because Cohen is an attorney, the documents seized needed to be reviewed for attorney-client privileged communications before they could be turned over to federal investigators. The Court considered using Technology Assisted Review or “TAR” to expedite the privilege review process, but ultimately decided against it. This seminar will explore TAR, how and why it’s an important tool in certain litigations, and why requiring the use of TAR as the sole arbiter for a privilege review in a criminal case is improper and potentially unconstitutional.

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