Celesq® Attorneys Ed Center
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Programs in Consumer Protection Laws

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FDA in the Year of COVID – How FDA Tackled the Pandemic and What to Expect from FDA in 2021 (02/11/2021)

Program Number: 3144 Presenter: Alexander Alfano, Esq., Michelle Divelbiss, Esq., Chad Landmon, Esq.

Over the past year, industries all over the world have experienced disruptions and have been forced to adapt to the COVID-19 pandemic. Notably, the Food and Drug Administration (“FDA”) has been thrust to the forefront of the battle against COVID-19, and emergency use authorizations (“EUAs”) and Operation Warp Speed are now hot topics. EUAs have allowed FDA to pivot and make speedy decisions that help save lives, but EUAs aren’t without their pitfalls. Additionally, Operation Warp Speed has been an impressive scientific endeavor, helping to bring vaccines to market in record time. As FDA has adapted quickly to the most up to date knowledge about this novel virus and changing scientific data, including real world evidence, what is in store for 2021? A new administration begins on January 20, 2020, and this new administration will bring different goals and plans for fighting COVID-19. Looking to 2021, we will see whether FDA’s operations

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Mastering the Challenges and Pitfalls of Remote Testimony (02/04/2021)

Program Number: 3137 Presenter: Dr. Mark R. Phillips, Ph.D., Mary A. Salamone, Esq.

Times have changed abruptly and dramatically due to the COVID-19 pandemic, and lawyers have been propelled into suddenly adapting to a world of remote testimony. This requires us to not only become far more tech savvy, but also to recognize and adapt to the unique set of issues that arise from taking and defending depositions and conducting arbitrations and trials using an array of new and rapidly evolving video conferencing technologies. Join us for this informative and timely webinar to learn practical tips for the successful practitioner to recognize, adequately prepare for, and adeptly navigate the challenges and pitfalls of remote testimony in the new era.

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Trademark Counterfeiting in 2021 (02/17/2021)

Program Number: 3135 Presenter: Anthony F. Lo Cicero, Esq.

The old tactics of anticounterfeiting enforcement against street vendors and flea market operators have largely been replaced with online takedown notices, mass litigations against unnamed defendants and border enforcement. On the flip side, the “counterfeiting” label is being applied to activities different from what we have seen in the past, as reflected in the Second Circuit’s decision in Tiffany & Co. v. Costco Wholesale Corp. and elsewhere. Join Tony Lo Cicero, Managing Partner of Amster, Rothstein & Ebenstein as he discusses these developments and their likely impact for the future.

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Targeting Law Firms: Inside the Cyber Criminal Economy (01/22/2021)

Program Number: 3133 Presenter: Mark Sangster

Law firms are a proven target for everything from smash-and-grab, fraudulent wire transfers, to sophisticated and elaborate schemes designed to garner a huge criminal payday after crippling your firm. Unfortunately, most firms don’t take the threat seriously or see their adversary as opportunistic amateurs. The reality is, a robust cybercriminal economy exists to bring together experts in phishing lures, intrusion and exfiltration of data, malware deployment and detonation, the fencing of stolen data and laundering of ransoms. Mark Sangster cybersecurity expert and author of “No Safe Harbor: The Inside Truth About Cybercrime and How to Protect Your Business” as he exposes the economic operations and technical apparatus behind real world cyberattacks, and provides a lightweight framework that law firms can protect their business and clients.

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To Embed, or Not to Embed, that is the Question (01/22/2021)

Program Number: 3114 Presenter: Michael D. Hobbs, Jr. Esq., Shaleen J. Patel, Esq.

A discussion on an increasingly tumultuous area of on-line copyright law. The discussion focuses on a trend where courts are increasingly allowing cases to proceed on the merits in instances of media publishers embedding, a practice of displaying content from one platform into another without actually hosting the underlying content. For years, such a practice seemed safe under the Ninth Circuit’s “server test.” However, districts in other circuits are rejecting that the server test is settled law and questioning the legality of embedding. As social media makes embedding content a more available feature, this broadcast discusses the risks of continuing to embed content without first acquiring permission and possible alternatives.

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When Competitors Cheat - How Businesses can use State Consumer Laws to Protect Themselves and the Marketplace (04/28/2020)

Program Number: 3096 Presenter: Richard Lawson, Esq.

While often lumped under the rubric of “consumer protection” laws, many state unfair and deceptive trade practices (UDAP) laws also allow businesses to file lawsuits. When a competitor is engaged in a deceptive or unfair practice which harms consumers, a company is often also harmed due to lost business. Certain state statutes allow businesses to bring actions to combat these unlawful competitors. Additionally, there are times where a trade association can bring an injunctive action against a deceptive or unfair business which may be causing industry wide disruption. This program will provide an overview of the nature and history of consumer protection laws, the key legal theories underlying them, the basis for businesses and trade associations / non-governmental organizations to have standing to sue, and the kinds of relief that can be obtained.

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The Shield Act: Are You Compliant (05/20/2020)

Program Number: 3077 Presenter: Nick Akerman, Esq.

On March 20th a new law in New York went into effect requiring all businesses holding personal data belonging to New York residents to institute specific data security measures. Known as the “Stop Hacks and Improve Electronic Data Security Act" (the “Shield Act”), this new statute will be enforced by the New York Attorney General and mandates that a company must implement a number of “administrative, technical and physical safeguards” and appoint an employee to manage the cybersecurity program. Among other changes, the new law expands the definition of personal information and the definition of what constitutes a data breach. Failure to comply with this new statute authorizes the Attorney General to obtain statutory damages and the actual damages to consumers.

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Ethically Developing A Law Firm Security Game Plan (12/17/2020)

Program Number: 30291 Presenter: Kenneth Jones, Dan Schatz, Esq.

Increasingly, law firms face the challenge of developing a comprehensive game plan to defend against the myriad of cyber threats ever-present in today’s world. Attorneys themselves, pursuant to ABA Model Rule 1.1, are called upon to act reasonably and promptly to stop data breaches and mitigate damage resulting from the breach. Similarly, Model Rule 1.6 calls for lawyers to make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client. To help mitigate risk, this program will discuss areas such as end user security training, the importance of executing backup drills, key elements of a proper law firm defensive infrastructure, advice for remote working scenarios and other topics.

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Introduction to Whistleblower Laws (12/11/2020)

Program Number: 30277 Presenter: Shauna Itri, Esq.

A whistleblower or qui tam action can provide financial rewards to individuals who have information that a company/individual has committed fraud. The primary statutes under which this relief may be sought are the federal and state False Claims Acts (“FCAs”), which are not specific to any particular type of fraud. In addition to the FCAs, there are other statutes which apply to tax fraud, securities fraud, and in California, fraud on private insurance companies. This practical Course will provide attorneys with an overview of the whistleblower laws, the knowledge and skills to be able to recognize a potential whistleblower case, and understand the unique procedures utilized in filing whistleblower cases/tips.

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FCPA Anti-Bribery Compliance in the Age of Covid-19 (11/06/2020)

Program Number: 30256 Presenter: Sharie Brown, Esq., Amina A. Mack, Esq., Spencer Preis, Esq.

Companies must still meet the challenges of complying with the US Foreign Corrupt Practices Act and other applicable anti-bribery laws by demonstrating and documenting their commitment to such anti-bribery compliance, while constrained by the global travel and in-person meeting restrictions caused by the COVID-19 pandemic. Assuming you already have written anti-bribery policies and procedures, which of those policies, procedures, and practices are particularly critical to your company’s anti-bribery compliance (or law enforcement outcomes), and how are some companies enhancing their remote compliance activities with technology.

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