Celesq® Attorneys Ed Center
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Programs in Litigation & Litigation Skills

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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.

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

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,

$95.00Online Audio Add to Cart

Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes (04/30/2020)

Program Number: 3054 Presenter: Raman N. Dewan, Esq., Christopher J. Rourk, Esq.

Drafting Licensing and Development Agreements to Avoid Expensive Legal Disputes. In Romag v. Fossil, the parties have found themselves heading to the Supreme Court to resolve a legal issue. Is that because there is a split in authority between the circuits, or because the agreement failed to protect against the dispute? This webinar will discuss key clauses where such disputes are likely to arise and will address due diligence and drafting best practices that can help to identify such issues and prevent extended and expensive litigation. Many of these issues relate to patents, copyrights, trademarks and trade secrets, and the webinar will help the general practitioner to identify the key issues pertaining to each of these four types of intellectual property and to avoid wasting time and negotiating positions arguing over issues that are not important.

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

Newest Developments in Delaware M&A Litigation (01/08/2020)

Program Number: 3034 Presenter: Evan P. Singer, Esq.

In this program, attendees will hear about recent trends and developments in M&A-related litigation in Delaware and other jurisdictions, such as the shift away from Delaware Chancery Court and into federal district court, fewer “disclosure only” settlements, and the increased use of Delaware Section 220 demands and post-closing breach of fiduciary duty claims. The program will be of use to attorneys who are called on to litigate M&A-related claims, as well as transactional attorneys who advise parties about the risks of litigation following the announcement of a significant transaction.

$95.00Online Audio Add to Cart

Important Differences Between Federal and State Antitrust & Consumer Protection Laws (03/04/2020)

Program Number: 3030 Presenter: Robert M. Langer, Esq.

Federal and state antitrust laws, as well as the Federal Trade Commission Act and its state analogues, differ significantly, both substantively and procedurally. Bob Langer, who has written and spoken on this vital topic for more than forty years, and is the co-author of the treatise, “Unfair Trade Practices, Business Torts and Antitrust,” will discuss many of the most critically important differences that practitioners who litigate or counsel in this area of law should know. It is indeed a veritable trap for the unwary.

$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

Cybersecurity as Business Risk: Evaluating Cyber Risk in M&A (12/14/2020)

Program Number: 30289 Presenter: Mark Sangster

Due Diligence is critical to determining the value of business and preserving the acquirer’s investment. But often, cybersecurity and cyber risk are overlooked or underfunded when it comes to accessing value and identifying risk. Join cybersecurity expert, Mark Sangster, as he explores new trends in cyber threats, consider cybersecurity in terms of dollars and cents and not ones and zeros, and practical guidelines to accessing cybersecurity posture and quantifying cyber risk. Book Link: https://www.amazon.com/No-Safe-Harbor-Cybercrime_and-Business/dp/1989603424/ref=sr_1_1?dchild=1&keywords=mark+sangster&qid=1605190243&s=books&sr=1-1

$95.00Audio Tape Add to Cart

Overcoming Fintiv: Obtaining Institution Decisions From the PTAB in This New Age of Discretion (12/08/2020)

Program Number: 30287 Presenter: Kevin J. Boyle, Esq., Louis L. Campbell, Esq., Michael A. Tomasulo, Esq.

There’s no doubt about it. Convincing the PTAB to institute an inter partes review today is getting tougher. It’s no longer enough to just find killer prior art and draft a strong petition. With the rise of decisions like NHK Spring and Fintiv, now petitioners have to convince the PTAB that a the IPR would not be inefficient in view of parallel proceedings in the district court or the ITC. Overcoming NHK Spring and Fintiv, can be a challenge, but it’s not impossible. In this presentation, we will review the developing case law and discuss how some petitioners have been able to convince the PTAB to institute despite fast moving parallel district court proceedings.

$95.00Audio Tape Add to Cart

What to do Before your Client Signs on the Dotted Line (12/16/2020)

Program Number: 30283 Presenter: Dr. Sharon Meit Abrahams, Courtney Worcester, Esq.

Everyone calls a litigator when they are sued or are contemplating suing. However, calling your litigation colleague prior to your client signing a contract can help avoid expensive surprises down the road. Join us as we discuss the traps hiding in common contractual terms and the things that litigators wished their corporate brethren knew about “boilerplate” language.

$95.00Audio Tape Add to Cart

Where Can We Be Sued? The Evolving Landscape of Personal Jurisdiction (12/03/2020)

Program Number: 30282 Presenter: Michael W. Mitchell, Esq., Edward Roche, Esq.

Defending a lawsuit in a distant state can give rise to a range of challenges: unfamiliar laws, additional litigations costs, and increased business disruption. Personal jurisdiction is the principal determinant of where a business can be sued. This program will help attendees understand the personal jurisdiction principles that determine where a business may be sued. Those principles have evolved in recent years, and continue to evolve, causing some uncertainty for businesses. This program will provide tools for navigating that uncertainty. It will help businesses determine how their business operations may affect their exposure to lawsuits outside their home states.

$95.00Audio Tape Add to Cart

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