Celesq® Attorneys Ed Center
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Programs in Arbitration & Alternative Dispute Resolution

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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

Defamation in the Time of COVID-19 (02/02/2021)

Program Number: 3130 Presenter: Karen D. Fultz-Robinson, Esq., Johanna Sheehe, Esq.

As COVID-19 continues to threaten public health, worldwide, and serves as a major concern for individuals, questions surrounding the health of those interacting with the public, on a daily basis, are at the forefront of our discourse. This begs the question: Is a statement falsely advising that a person has contracted COVID-19 defamatory? This program will examine the elements required to maintain a claim for defamation in the context of COVID-19. The discussion will examine the challenges of proving whether a person has been defamed, examine the history of the loathsome disease category of defamation per se and its applicability to COVID-19 and damages associated with a statement regarding a person contracting COVID-19. Participants will gain an understanding of the legal elements required to prove a claim for defamation as well as the hurdles to prevail on such a claim as it relates to the pandemic.

$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

The Foreign Corrupt Practices Act: For Small and Medium Size Businesses and Their Owners (01/21/2021)

Program Number: 3118 Presenter: Sixtine Bousquet-Lambert, Esq., Luke McGrath, Esq., Carolina Pineda-Martinez, Esq., Eden P. Quainton, Esq., Ludovico Rossi, Esq.

The Foreign Corrupt Practices Act is a major source of liability for US companies doing business abroad as well as for non-US companies with subsidiaries, listings or even transient contacts in the US. Many of the high-profile cases over the past decade have involved large multinationals such as Total, Alcatel, Eni and Tyson Foods. But the SEC and DOJ are increasingly turning their attention to individuals as a means of putting teeth in the FCPA. In addition, smaller companies have been caught in the cross-hairs of the US regulators and have faced fines reaching in the tens of millions of dollars—very significant amounts for smaller companies. Finally, the reputational risk associated with an SEC or DOJ enforcement action can permanently damage a company’s goodwill regardless of its size. As a result of the foregoing, small and medium sized businesses and their owners would be well advised to be

$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

NYC Human Rights Law: The 'Gold Standard' of Anti-Discrimination Laws (02/16/2021)

Program Number: 3104 Presenter: Mark S. Goldstein, Esq., Alexandra Manfredi, Esq.

As many businesses have come to learn in recent years, New York City is home to one of the nation’s most expansive anti-discrimination laws: the New York City Human Rights Law (NYCHRL). The NYCHRL is unique on a multiple fronts, including its broad protections and definitions, burdensome obligations for employers, and expanded remedies. This program will explore the history of the NYCHRL, what differentiates it from other anti-discrimination statutes, and provide practical recommendations for employers grappling with its multifaceted requirements.

$95.00Audio Tape Add to Cart

Second Circuit Endorses New Criminal Theory for Insider Trading Prosecution (02/18/2020)

Program Number: 3060 Presenter: John Carney, Esq., Jonathan Forman, Esq., Jonathan New, Esq.

This program will discuss the recent groundbreaking decision United States v. Blaszczak in which the United States Court of Appeals for the Second Circuit affirmed – for the first time ever – an insider trading conviction without proof of a personal benefit to the insider or tipper. Attendees will learn how this decision builds on recent insider trading decisions to further expand insider trading liability in significant ways and how they should respond to it to bolster their companies’ compliance programs.

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

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

Helping Diverse Attorneys Thrive: Tips from In-House Counsel and Outside Counsel (12/01/2020)

Program Number: 30279 Presenter: Dr. Sharon Meit Abrahams, Wesley D. Bizzell, Esq., Malachi B. Jones, Jr. Esq., Bonnie Lau, Esq.

Most law firms and corporate legal departments have had diversity-related initiatives for years, but these efforts have failed to develop and retain significant numbers of diverse attorneys. The pandemic and economic downturn threaten to derail the modest successes that have been achieved, but now is the time for law firms and legal departments to double-down on diversity and inclusion. Join the conversation with in-house and outside counsel as they discuss initiatives and share the experiences that have helped diverse attorneys thrive and have made a positive impact with their firms and organizations.

$95.00Audio Tape Add to Cart

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