Celesq® Attorneys Ed Center
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Programs in Criminal Practice & Procedure

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The Storming of the Capitol: What are the criminal, civil and employment consequences? (01/29/2021)

Program Number: 3150 Presenter: Thomas D. Bever, Esq., Amy E. Buice, Esq., Matthew W. Clarke, Esq., Anthony L. Cochran, Esq.

It will be ironic if Donald J. Trump is not prosecuted because of his First Amendment protections, but the rioters (who did exactly what they thought Trump wanted them to do) are prosecuted to the full extent of the law. Did Donald J. Trump incite a riot? Did his words give the rioters a defense based on his apparent authority as the President of the United States and the Commander in Chief? What are all of the criminal, civil and employment consequences for the rioters? What can employers of the rioters and protesters do?

$95.00Audio Tape Add to Cart

The Roadblock to a Fair Trial (01/21/2021)

Program Number: 3123 Presenter: Jay Goldberg, Esq., Alex Huot, Esq.

When prosecution is wrongly permitted to vouch for a cooperating witness by the misuse of an agreement it had entered into with a government witness. Listen in as Jay Goldberg discusses the problems and remedies to assure a fair trial.

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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

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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Practical and Procedural Considerations for Domestication of Sister-State and Foreign Judgments in New York (06/25/2020)

Program Number: 3083 Presenter: Jason S. Giaimo, Esq., Chester Ostrowski, Esq.

As the name suggests, this continuing legal education program provides practical and procedural considerations for domestication of sister-state and foreign judgments in New York. The program focuses on both sister-state judgments entered after the defendant’s appearance, as well as those judgments entered on default, and the practical considerations associated with these different types of judgments. The program also addresses domestication of foreign country money judgments, as well as non-monetary judgments. The program aims to provide litigants with real-world, practical advice and tips in navigating the often-used, but murky procedural devices for domestication of sister-state and foreign judgments in New York.

$95.00Online Audio Add to Cart

Sovereign and Central Bank Digital Currency – Is Cash Still the King? (05/27/2020)

Program Number: 3079 Presenter: Joel Telpner, Esq., Mari Tomunen, Esq.

With the ease of using a mobile bank, one might forget that all current monetary systems are based on the fact that technically only physical bills and coins are legal tender. The need to build digital layers on top of this setup leads to inherent friction. Why is not money natively digital? After the rise of Bitcoin and other digital blockchain based assets, practically every central bank around the world is now exploring the potential risks and benefits of turning money digital. The attorneys in this program are helping countries to issue natively digital sovereign currencies. They discuss the reason and future of Central Bank Digital Currencies, different approaches that countries are taking, and the roadblocks that need to be overcome before this major shift in the theory and makeup of money can happen.

$95.00Online Audio Add to Cart

Demystifying Blockchain and Cryptocurrencies (05/07/2020)

Program Number: 3078 Presenter: David Kalat

In conventional usage, the term “hacking” generally refers to an unauthorized user gaining access to an electronic resource. Hackers use various means to steal, guess, calculate, or otherwise obtain credentials to access systems and data they are not allowed to access. When we talk about “hacking” a blockchain, however, this does not adequately or accurately describe what has happened and blinds us to understanding where the real risks lie in this new technology of distributed ledgers and crypto-assets. The high-profile, most destructive, and expensive “hacks” in blockchain environments actually represent *authorized* users misbehaving. In some cases, these are authorized users acting on their own behalf to exploit weaknesses in the system to their own gain at the expense of other users, in other cases these are authorized users who are misusing the trust placed in them by their customers. The key to protecting yourself against fraud in this new alien

$95.00Online Audio Add to Cart

Structuring Enforceable Cannabis Contracts and the Ethics of Cannabis Legal Representation (04/20/2020)

Program Number: 3074 Presenter: Jeffrey Gard, Esq.

This program will cover structuring enforceable cannabis contracts and will discuss best practices to contractual drafting. We will also cover a variety of typically cannabis contracts and specific drafting tips. The program will also cover the ethics of cannabis legal representation and will discuss a variety of rules of professional conduct implicated by cannabis legal representation. The presentation will be discussing ABA Model Rules of Professional Conduct 1.2, 1.4, 1.7, 1.8, 1.9, 1.13, 1.18, 2.1, 5.1, 8.4, attorney cannabis use, attorney ownership of a cannabis business, trust accounts and deposition cannabis sourced funds, etc.

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The Conservative Case for Class Actions (03/10/2020)

Program Number: 3068 Presenter: Professor Brian Fitzpatrick, Esq.

In this program, Professor Fitzpatrick discusses his new book The Conservative Case for Class Actions (University of Chicago Press, 2019). Professor Fitzpatrick argues that conservatives and libertarians should prefer private enforcement of the law to the only viable alternative—more government—for the same reason they prefer other private sector solutions to problems. Although he thinks our class action system is not perfect, he gathers data to show that it is working much better than people think. At the end of this program, participants will: 1) understand the theoretical advantages and disadvantages of government versus private enforcement, 2) learn the data comparing government enforcement to class actions, 3) learn the data on how many class actions are meritless, how much attorneys are paid in class actions, and how class actions deter misconduct, and 4) understand class action legal doctrines and how they might be improved.

$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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