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

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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

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

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Responding Effectively to Conflict, in the Workplace and at Home (03/11/2021)

Program Number: 3147 Presenter: Robert A. Baruch Bush, J.D.

The large majority of life disrupting conflicts occur in two arenas: families, and workplaces. In both, conflict can be either a negative or a positive force, depending on how it is handled. If we handle it reactively, it usually becomes negative. But if we handle it by responding rather than reacting, it can become positive and constructive. It can actually add value to relationships whether at work or at home. For practicing attorneys, the impact of negative conflict at home or in the office can be a serious problem. This seminar explains what it means to respond rather than react in conflict situations, and why doing so has powerful constructive impacts. It then presents several specific behavioral strategies for responding effectively to conflicts. Learning Objectives: • To understand the dynamics of conflict interaction in general, as documented by research in many fields. • To understand the positive potential in conflict, despite the

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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.

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Hot Topics in Right of Publicity Disputes (03/09/2021)

Program Number: 3140 Presenter: Stan Soocher, Esq.

The parameter of rights in an individual’s persona—name, voice, likeness and other elements of an individual’s identity—is often a key consideration for creators of media content and their counsel. This presentation examines recurring legal issues and recent case law developments in disputes over such rights of publicity. Topics to be covered include: whether a right of publicity has been effectively assigned; how statute of limitation concerns can impact right of publicity litigation; which state’s or country’s right of publicity law applies; the interplay of publicity rights with federal Lanham Act claims individuals may pursue over unauthorized uses of their personas; and whether a defendant has raised a viable “transformative use” argument that will defeat an unauthorized use claim.

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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.

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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

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Parenting Amidst Divorce in New York – Will Parenting Ever Be “Routine” After 2020? (02/26/2021)

Program Number: 3126 Presenter: Nikki Bruno, EdM., Alan Feigenbaum, Esq., Sophie Jacobi-Parisi, Esq.

Before the pandemic of 2020, contested custody disputes over how decisions are to be made between divorcing parents could generally be segregated into two buckets: (1) the “major” decisions, such as where to enroll a child in school, medical treatment, or whether or not to have a child treated by a therapist; and (2) the “routine daily decisions” – a sacred collection of day-to-day decisions that a divorced parent could make on his or her own without needing to seek the consent of the other parent. After the Covid-19 outbreak, the once, seemingly defined bucket of “routine daily decisions” has become a gray area. New York courts faced with making a determination about custody must consider the “best interests of the child”. Making that determination after the pandemic presents a host of new challenges. What was once taken for granted – taking your child to socialize with a friend, taking your child to school, or

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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

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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

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