Celesq® Attorneys Ed Center
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Programs in New York - Experienced Attorneys Only

Programs are available online to all firms wishing to assist their attorneys in obtaining their CLE credits. Please email customer.care@celesq.com to obtain a coupon code for your firm. Once an attorney has completed a program, your firm will be billed $30 each for the cost of each certificate which will be issued as a download once the attorney has completed the affirmation for the particular program. CDs will be available for all programs upon request. Please email customer.care@celesq.com to purchase CDs for any course. Cost will be $95.00 per CD, plus shipping and handling.

PROGRAMS ARE NOT AVAILABLE UNTIL AFTER THE PROGRAM DATE – IF THE ONLINE PURCHASE BUTTON IS NOT SHOWING – THE PROGRAM IS NOT YET AVAILABLE FOR LISTENING. PLEASE DO NOT ADD AUDIO TAPE TO YOUR CART AS THE PROGRAM IS NOT YET AVAILABLE. ONLY ADD TO YOUR CART IF YOU SEE ‘ONLINE AUDIO’ - THANK YOU SO MUCH!

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The Intersection of Ethics and Well-Being (04/08/2020)

Program Number: 3084 Presenter: Sharon D. Nelson, Esq., John W. Simek

There is a very strong link between lawyer well-being and a lawyer’s duty of competence. Beyond Rule 1.1, here are some other rules which are often impacted by lawyer well-being. Rule 1.15 (Safeguarding Property), Rule 1.3 (Diligence), Rule 1.4 (Communications), Rule 1.6 (Confidentiality), Rule 5.1 (Responsibilities of Partners, Managers, and Supervisory Lawyers), Rule 5.2 (Subordinate Lawyers), Rule 5.3 (Responsibilities Regarding Nonlawyer Assistants), Rule 8.3 (Maintaining the Integrity of the Profession) and Rule 8.4 (Misconduct). Our presenters will cover real-life stories of lawyers who ran afoul of legal ethics due to substance abuse issues, mental health problems, stress, exhaustion and other issues related to well-being, Firms large and small have begun to implement wellness programs – what’s working and what’s not? As has been said many times, “to be a good lawyer, you have to be a healthy lawyer.” This webinar will include practical advice for firms and for those lawyers who need help dealing with well-being issues.

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False Claims Act: Offense and Defense (04/07/2020)

Program Number: 3058 Presenter: Reuben A. Guttman, Esq., Adam S. Hoffinger, Esq.

Each year private citizen suits under the False Claims Act have returned billions of dollars to Federal and State treasuries. These suits leverage the government’s compliance enforcement resources and provide bounties to those individuals or entities – known as relators – who initiate them. Who has standing to bring these suits? How are they investigated and put together? What are the pleading requirements and what role does the government play in overseeing this litigation. These issues along with relevant ethical concerns will be discussed from both the Relator and the Defendant perspective. It is a program of particular interest to plaintiff counsel’s seeking to explore new litigation opportunities, and defense counsel, in-house and insurance counsel who work with clients who do direct or indirect business with the government and are subject to liability under the False Claims Act. It is a program of particular interest to those in the healthcare,

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Attorney-Client Privilege and Work Product Doctrine in Internal Investigations: Latest Developments for Corporate, Securities and White-Collar Attorneys (02/25/2020)

Program Number: 3048 Presenter: Evan P. Singer, Esq.

Today, corporations routinely conduct internal investigations, and those investigations serve a multitude of different purposes. In many circumstances, the corporation intends to conduct the investigation in such a way that communications will be protected by the attorney-client privilege and/or the attorney work product doctrine. Waiver of those protections, however, remains a possibility if the investigation isn’t designed and conducted with an eye to preserving privileges. In this program, Jones Day partner Evan P. Singer will (i) review fundamentals of attorney-client privilege and attorneys’ work product, including their application in ABA Model Rule 1.06 (Confidentiality of Information), ABA Model Rule 1.13 (Organization as Client), Federal Rules of Evidence 501, 502, Federal Rule of Civil Procedure 26(b)(3), as well as certain foundational cases, including Upjohn and In re KBR, (ii) discuss more recent cases discussing the application – and potential waiver of – attorney-client privilege and/or work product in the context of internal investigations, and (

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An Ethical Roadmap for Developing and Refining High-end Technology Competence (02/03/2020)

Program Number: 3046 Presenter: Kenneth Jones, Marina McGuire, Esq.

The American Bar Association first amended the comments to Model Rule 1.1 relating to technological change in 2012. This amendment imposed an ethical duty on lawyers to stay abreast of changes in technology. During the past eight years, almost forty state bar associations have updated the comments to their ethical rules to require lawyers to keep informed about technology changes. *Additionally, cloud computing is now increasingly prevalent in legal operations. To comply with Model Rule 1.6, which calls for lawyers to act competently to safeguard information relating to the representation of a client against unauthorized access, lawyers may wish to develop a basic understanding of how technology and cloud computing works and the associated risks to ensure data is securely stored with safeguards in place to protect that information. *To assist in compliance with ABA Model Rule 1.1 and 1.6, strong technology teams must be developed and maintained. This session focuses on some best practices

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Understanding Your Obligations Under the Model Rules of Professional Conduct (01/07/2020)

Program Number: 3039 Presenter: Daniel A. Cotter, Esq.

The Model Rules of Professional Conduct changed in the last few years to take a more proactive approach to privacy obligations for lawyers, especially when it comes to the use of technology and client representation. All states have adopted changes to Rule 1.1 and more than half the jurisdictions have adopted Comment 8 to Rule 1.1, which addresses an ethical duty of technology competence. Rule 1.6(e) also changed and comments in many jurisdictions were added to address confidentiality concerns. Recently, the American Bar Association issued Opinion 477, dealing with Rules 1.1 and 1.6(e) and confidentiality of email communications with clients. In addition to the ABA and other rule changes for lawyers, organizations such as the Association of Corporate Counsel have issued guidelines for clients to consider when dealing with law firms. Please join Daniel Cotter as he provides an overview of the relevant rules of professional conduct and the changes that have recently been implemented

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10 Shocking Tips for Attorneys to Stay Out of Trouble on Social Media (02/13/2020)

Program Number: 3036 Presenter: Blake Brockway, James Sherer, Esq., Brittany Yantis, Esq.

10 "Shocking" Tips for Staying Out of Trouble on Social Media is a must-hear presentation on the ethical issues that can arise when attorneys use or provide legal advice on or through social media, based on the popular, After Reading These 10 Shocking Tips for Staying Out of Trouble on Social Media, You’ll Never Post the Same Way Again article published in the Intellectual Property & Technology Law Journal. The presenters will discuss how social media platforms are designed to cap¬ture attention, elicit rapid fire responses (so-called “engagement”), and disseminate those responses quickly and permanently to a worldwide audience. But while these platforms convey several benefits for the practice of law, they also raise certain ethical consider¬ations for attorneys. The presenters will cover the audience reach, ease of use, and low bar to entry associated with social media sites like – but not limited to – LinkedIn, Twitter, and Facebook. Then, the

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Hot Topics in Ethics for In-House Litigation Counsel (01/22/2020)

Program Number: 3013 Presenter: Catherine Foti, Esq., John B. Harris, Esq.

This program will focus on the pressing issues confronting in-house lawyers who receive notice of potential workplace misconduct. Should the in-house lawyer conduct his or her own investigation? What steps can a lawyer ethically take to gather evidence? What steps can a lawyer ethically take in negotiations to resolve a workplace claim? What can a lawyer do to limit public disclosure of the misconduct and/or preserve confidentiality? The Rules of Professional Conduct that that will be implicated in this Ethics program are: Rule 1.13 (Organization as a Client); Rule 3.4 (Fairness to Opposing Party and Counsel); Rule 4.1 (Truthfulness in Statements to Others); Rule 4.4 (Respect for Rights of Third Persons); Rule 5.6 (Restrictions on Right to Practice); Rule 8.4 (Misconduct)

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The Art of Effective Negotiating (01/24/2020)

Program Number: 3006 Presenter: Frank Carone, Esq.

The program will focus on how attorneys can assess situations in order to reach client objectives by adjusting the approach to problem solving, whether in litigation or transactions. Attorneys will learn how to recognize and address the counterparties’ goals and objectives in order to facilitate a successful outcome for their own client. Attendees will be shown how to sharpen their skills in the art of persuasion while also building trust and credibility within the construct of the advocate/adversary relationship. More than the mere retention of pointers and tips for improving negotiating skills, the permanent benefit of participating in the webcast will be an enduring understanding of how to assess people and situations in a sometimes unfamiliar, uncomfortable or unfriendly environment.

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Ethics & Copyright Litigation Updates - 2020 (01/23/2020)

Program Number: 3002 Presenter: Raymond Dowd, Esq.

Ray Dowd, author of West’s acclaimed Copyright Litigation Handbook and a partner in Dunnington Bartholow & Miller LLP in New York City will take us through the ethical pitfalls facing legal practitioners tackling copyright litigation. Appropriate for inhouse counsel, and private practitioners both seasoned and novice. Professional responsibility issues arise early in copyright litigation. The disciplinary rules of each jurisdiction impose a duty of professional competence. The combination of Rule 11 of the Federal Rules of Civil Procedure requiring attorneys to investigate and warrant the viability of claims and defenses with the Copyright Act’s potential awards of attorneys fees as costs to the prevailing party, make the attorney litigating copyright claims a potential target throughout the litigation. In this age of sanctions being imposed on copyright trolls and overaggressive copyright enforcement, what are the ethical takeaways attorneys representing content owners and distributors? Is it a breach of ethics to send

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The Ethics of Social Media Use by Attorneys (12/03/2019)

Program Number: 2998 Presenter: Ronald Hedges, Esq.

Social media is seemingly all pervasive. Unsurprisingly, social media is used by attorneys for many purposes. That use carries both benefits and ethical risks for attorneys. This webinar will examine those benefits and risks through a review of the New York State Bar Association Social Media Ethics Guidelines, a comprehensive guide to attorney use of social media. This webinar will discuss: • Attorney conduct |Attorney advertising • Furnishing of legal advice | Review and use of evidence • Communicating with clients • Researching jurors and reporting juror misconduct • Communicating with or “friending” a judge.

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