Celesq® Attorneys Ed Center
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Programs in Litigation and Appeals

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Steal or No Steal: Do’s and Don’ts for Litigators from February’s Impeachment Trial (04/14/2021)

Program Number: 3188 Presenter: Dr. Sharon Meit Abrahams, Mark D. McCurdy, Esq.

Litigators persuade. Join award winning advocacy teacher and attorney Mark D. McCurdy for a fun discussion of the top 10 persuasion “do’s and don’ts” from February’s impeachment trial. We will “de-politicize” the proceedings and take a hard look at its teachings on which oral advocacy skills to bring into the courtroom, and which ones to leave outside.

$95.00Audio Tape Add to Cart

Litigation and Regulation Trends in Labeling and Advertising for the Food and Beverage Industry (04/13/2021)

Program Number: 3186 Presenter: Pooja Nair, Esq., Catherine (Cate) Veeneman, Esq.

A discussion of recent trends in consumer litigation about false advertising of food and beverage products, and trends in the federal agency regulations of food and beverage labeling. Included will be topics such as the evolving definition of the “reasonable consumer” standard and how this has shaped federal circuit court decisions pertaining to the food and beverage industry, particularly in granting motions to dismiss cases at early stages. The presentation will also cover recently enacted and proposed rules by the FTC, FDA, and state agencies regarding the advertising and labeling of food and beverage products, and trends in this area to anticipate with the new administration.

$95.00Audio Tape Add to Cart

Recovery for Emotional Damages in New York (04/23/2021)

Program Number: 3185 Presenter: Andrea Alonso, Esq.

A discussion of the history of cases involving recovery for emotional damages sustained as a result of witnessing death or serious injury. A review of Nationwide cases and the recent New York Court of Appeals case of Green v. Esplanade.

$95.00Audio Tape Add to Cart

Video Depositions: The Case for Their Continued Relevance in a Post-Quarantine World (04/06/2021)

Program Number: 3181 Presenter: John C. Browne, Esq., Jeremy P. Robinson, Esq.

The program will explore the impact of the pandemic on depositions, and make the case for video depositions becoming a permanent part of the litigation process in our post-pandemic world. As we approach the one-year anniversary, the dramatic impact of the shutdown on litigation has come into focus. While the pandemic has created many challenges, there have also been some silver linings, among them the rise of video depositions. This session will examine the dramatic changes that the transition to remote depositions has created, discuss best practices for conducting video depositions, and argue for this new approach to become a permanent option in a post-pandemic world, given the dramatic improvements this method provides for both client expense and convenience. We’ll also propose changes to the federal rules that would eliminate some of the unnecessary negotiations currently involved in arranging for a video deposition.

$95.00Audio Tape Add to Cart

Navigating Venue and Multi-District Litigation in Hatch-Waxman Cases (04/22/2021)

Program Number: 3177 Presenter: Stanley E. Fisher, Esq., Michael Xun Liu, Esq.

In Valeant Pharmaceuticals v. Mylan Pharmaceuticals, the Federal Circuit clarified venue for Hatch-Waxman cases by holding that infringement only occurs where the ANDA filer took actions related to its ANDA submission, thereby resolving a split among district courts post-TC Heartland. This webinar will address the impact of Valeant on Hatch-Waxman litigation, including how it affects where cases can be filed and litigated. The webinar will also explain how litigants can use multi-district litigation to consolidate pre-trial proceedings in Hatch-Waxman cases, and discuss common issues that arise in multi-district patent litigation.

$95.00Audio Tape Add to Cart

In the Spotlight: Effective Strategies to Avoid Ethics Violations When Practicing Virtually (04/07/2021)

Program Number: 3176 Presenter: Francine Friedman Griesing, Esq.

The good old days when we worked in person, used real documents, and appeared in person for depositions, meetings and court are in the past. The recent changes due to Covid-19 and the necessity of working remotely have further revolutionized the legal profession. Technology makes it easier to generate documents and electronic communications, increased the use of remote operations, and enabled us to participate in legal proceedings from a personal device rather than in person. Due to recent events, the legal profession has been forced to pivot to rely on remote proceedings. Whether we are attending meetings, conducting depositions, interviewing witnesses, arguing before judicial officers or mediating a dispute, we are likely doing it over a virtual platform. Even after we resume primarily in person practice, the cost savings and ease of practicing remotely will likely keep these processes in place. In this program, we will discuss effective ways to

$95.00Audio Tape Add to Cart

Discovery Issues in Litigation Finance (03/24/2021)

Program Number: 3171 Presenter: Andrew Goldenberg, Esq.

Litigation finance is where a nonparty funds a plaintiff’s lawsuit in exchange for an interest in the recovery. Some recent estimates place the size of the litigation finance market at over $100 billion. This burgeoning industry has allowed for greater flexibility in how individuals, businesses and law firms approach litigation. Litigation funding opens up opportunities for litigants which would otherwise not exist due to the risk, complexity and expense associated with litigation. In this program, Andrew Goldenberg of Goldenberg Law, LLC (www.glawnyc.com ), will address the basics of litigation finance and how the increased use of litigation funding has resulted in more demand for disclosure of documents and communications concerning litigation funding arrangements, as well as recent court decisions that have impacted litigation finance discovery.

$95.00Audio Tape Add to Cart

Internal Investigations – Top Tips, Strategies and Considerations (03/23/2021)

Program Number: 3167 Presenter: Wifredo A. 'Willy' Ferrer, Esq., Michael Hantman, Esq.

As we enter a new presidential administration where the expectation is that law enforcement and regulatory scrutiny will increase, American businesses need to be prepared. Internal investigations are key parts of corporate life today. But if not conducted the right way following processes that are sound, tested and beyond reproach, an internal investigation might never get off the ground and might result in greater problems for the company. Whether triggered by a grand jury subpoena, a whistleblower or an enforcement action, internal investigations must be taken very seriously and should be run by personnel who are free from conflicts with every step and strategy mapped out clearly and in advance. And in the time of COVID-19, we will address new options to consider if travel is unsafe. Our presentation will highlight best practices – and pitfalls to avoid – when conducting an internal investigation.

$95.00Audio Tape Add to Cart

Unnamed Class Member Standing: A Circuit-by-Circuit Analysis (03/04/2021)

Program Number: 3161 Presenter: Marissa Bañez, Esq.

Must unnamed class members have standing for a court to certify or enter judgment in a class action? The answer is far from straightforward, as the Supreme Court has not squarely decided the question and circuit courts address this issue in various – and sometimes contradictory – ways. Generally speaking, there are four broad categories into which circuit court cases fall: • De minimis or “some uninjured”: the potential presence of more than a small number of class members who lack standing may preclude class certification; • All-or-nothing: all class members must establish standing at some point in the litigation; • Standing of named plaintiff only: the standing of unnamed class members is irrelevant once standing of the named plaintiff is shown; and • No definitive decision: courts expressly state that they have not decided the issue. This presentation will discuss the various approaches employed by the circuit courts throughout the country so that attorneys can

$95.00Audio Tape Add to Cart

Litigation as An Investment—How Analytics Should Drive Litigation Decisions (02/09/2021)

Program Number: 3154 Presenter: Ashton Batchelor, ALPM, Joshua Libling, Esq.

How can law firms and in-house legal departments deepen their analysis of litigation by reframing it from a cost to an investment? This framing has implications for what litigation to pursue, how to select counsel, when and for how much to settle, and how to measure success. The program will also give an introduction to litigation modeling.

$95.00Audio Tape Add to Cart

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