Celesq® Attorneys Ed Center
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Programs in Asset Protection

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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.

$95.00Audio Tape Add to Cart

What is “Authorized Access” and How Do Employers Deal with Misuse of Access Credentials Post-VanBuren vs United States (02/03/2021)

Program Number: 3122 Presenter: Michelle A. Schaap, Esq.

As this summary is being written on December 1, 2020, the United States Supreme Court is considering the fate of the Computer Fraud and Abuse Act (“CFAA”) in Van Buren v. United States. CFAA had been used by employers in certain circuit courts successfully to hold employees accountable for misuse and/or misappropriation of employers’ data to which the employees were otherwise authorized to access in the course of their employment. At the time this program is presented, we expect the Court will have rendered its ruling in Van Buren. Regardless of the fate of the CFAA, employers can and should employ other means, statutorily, contractually, and technologically, to protect their trade secrets and other confidential and proprietary information from misuse, exfiltration and alteration. Moreover, for employers who are attorneys, they are ethically required to not only keep client information confidential, but to stay abreast technology that may facilitate the protection of

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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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Evolving Foreign Trade Risks Under CFIUS: What Lies Ahead? (02/10/2021)

Program Number: 3112 Presenter: Michael Clark, Esq., Alan F. Enslen, Esq., Aldo M. Leiva, Esq., Hon. Joe D. Whitley, Esq.

The panelists will provide an overview of key changes to U.S. dual-use export controls in the past 18 months and enforcement initiatives relating to ongoing interagency efforts to designate and safeguard U.S. emerging and foundational technologies, and the continued evolution of regulations and policies governing national security reviews of foreign direct investment into the United States—along with observations about the anticipated status of these initiatives in the next year. Attention will also be given to cybersecurity due diligence for covered transactions, how investigations get launched, opportunities for assisting clients, such as internal investigations and examining compliance issues, and an overview of potentially applicable federal statutes that may be implicated.

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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

Estate Planning Opportunities with "20/20 Vision": The Impact of the Federal Election on Existing Estate Plans (01/19/2021)

Program Number: 3109 Presenter: Melanie E. Cuddyre, Esq.

This program will discuss the unique estate planning opportunities created as a result of the 2020 Federal election. The 2021 Federal Estate and Gift Tax Exclusion is $11.7M per individual (or $23.4M for a married couple). While the exclusion was already set to drop to $5 million, as adjusted for inflation, on January 1, 2026, the recent Federal election creates the possibility that the exclusion will be reduced before that date, and potentially be reduced to a lesser amount. The Internal Revenue Service (IRS) has issued regulations confirming that gifts made prior to a reduction in the exclusion will not be “clawed back” into the gross estate for Federal Estate Tax purposes. Lifetime gifting opportunities, including the use of Spousal Limited Access Trusts (SLATs), Grantor Retained Annuity Trusts (GRATs), Qualified Personal Residence Trusts (QPRTs), and other techniques allow individuals to take advantage of the current exclusion rate while they are still able. This program discusses

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Evaluating a Vendor's Privacy Practices: The Rise of the Vendor Privacy Assessment Questionnaire (01/13/2021)

Program Number: 3102 Presenter: Karin E. Ross, Esq., David A. Zetoony, Esq.

Many companies have institutionalized the practice of conducting due diligence on their vendors’ security practices. A familiar component of the diligence process is to have a vendor complete a security assessment questionnaire or SAQ . Historically, vendor privacy due diligence has been a less common phenomena. New cases, statutes, rules, and regulations are changing that. The program will discuss the growing need and upward trend for conducting privacy due diligence in light of the European court of justice decision in Schrems II, the CCPA, and the CPRA. It will also provide in-house counsel with practical insights into what to include in a privacy assessment questionnaire, and how to institutionalize the practice of conducting them

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Legal and Ethical Issues in Capacity and Mental Health Law (05/12/2020)

Program Number: 3093 Presenter: Carolyn Reinach Wolf, Esq.

Lawyers should be familiar with the standards of capacity for specific legal transactions under relevant statutes and case law. This includes areas such as contracts, criminal law, executing advance directives and guardianship proceedings. We will discuss the “red flags” or signs of “diminished capacity” that a lawyer may observe in a client as well as the ethical guidelines for assessing capacity in accordance with ABA Model Rules of Professional Conduct, Section 1.14. Last, we will explore the “Mental Health Legal Tool Kit”, offering creative legal solutions to difficult mental health issues.

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An Overview of NY SHIELD and What You Need to Do to Comply (03/19/2020)

Program Number: 3063 Presenter: Bradford P. Meisel, Esq., Diane D. Reynolds, Esq.

This program will provide an overview of the recently enacted New York SHIELD Act, which applies to any entity that possesses the personally identifiable information of a New York resident and requires such entities to implement reasonable administrative safeguards to protect such information from data breaches and cyberattacks. The program will explain the new statute’s specific requirements including those concerning risk identification, assessment of existing controls, and vendor agreements governing personally identifiable information. The program will also address how attorneys can best advise clients seeking to establish compliant information security safeguards and assist clients in proactively preventing cybersecurity incidents that could create exposure under the New York SHIELD Act and other state, federal, and international laws.

$95.00Online Audio Add to Cart

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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