Before the Internet, there was no such thing as cybersquatting. But once the Internet came into existence, domain-name disputes soon followed. Although cybersquatting does not fit into the traditional trademark paradigm, in 1999 Congress passed The Anti-Cybersquatting Consumer Protection Act ("ACPA"), 15 U.S.C. 1125(d), and it became part of the Lanham Act, 15 U.S.C. 1051 et seq., which is the primary federal trademark statute in the United States. The ACPA established a legal recourse for entities who are the victims of others registering, trafficking in, or using a domain name that is confusingly similar to, or dilutive of, an entity's trademark or a person's name. In this "Introduction to Cybersquatting", attorneys learn the origins and history of cybersquatting, as well as the elements of the cause of action. Participants will also analyze several cases in which courts have addressed cybersquatting at various stages of litigation.

“Sanctuary jurisdictions” are cities, counties, or states that use a variety of measures to limit law enforcement participation in federal immigration enforcement efforts. In this introduction to sanctuary jurisdictions, we will explore the constitutional tension underlying these measures, and trace the history of federal reliance on state law enforcement to carry out immigration enforcement. Additionally, we will review the various federal immigration programs that solicit law enforcement participation, as well as explore the measures some jurisdictions have implemented to prevent such participation.

In this IP analysis for transactional lawyers in due diligence or representing small/medium businesses, we look at the major areas of IP law to understand what the IP assets are exactly, how to make sure they are valuable assets and scheduled properly, how to assess if there is potential value that is being missed, and registration regimes for different IP classes to guarantee the most protection. Along the way we offer lots of practice pointers for issue spotting so you do not make mistakes interacting with IP assets, which in many respects differ in basal assumptions about ownership compared to real property assets.

In the COVID-19 pandemic environment and perhaps its aftermath, lawyers must operate in a virtual world that requires extensive use of technology. The pillars of professionalism – competence, civility, public and community service, and pro bono work to ensure access to justice – are always relevant. This era’s needs and concerns accentuate the tenets of professionalism, as the legal profession adopts and adapts to virtual practice and communicating professionally.

In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively use written discovery to obtain the knowledge and information you need to help your client get the very best opportunity to be successful in their case. He will explore how to effectively use informal discovery, interrogatories, and requests for documents as well as subpoenas and motions to compel.

Defamation Law has its origins in church doctrine and has undergone various significant changes over the last nearly 1,000 years. Because the action in the United States is based on state law, the elements one will need to prove may differ depending on the jurisdiction. In this Overview of Defamation Law, attorneys he presentation discusses both recent articles and cases addressing various aspects of a Defamation claim, including jurisdiction, venue, the requisite elements, and what is need to have success at summary judgment.

Bias can influence decision-making and behavior in profound ways, and bias against the lesbian, gay, bisexual, transgender, queer, intersex, and asexual (“LGBTQIA”) communities is pervasive. LGBTQIA clients need attorneys who are both competent in the law, and competent in LGBTQIA experiences. This presentation divides LGBTQIA cultural competence into five distinct areas: understanding the terminology around gender, sex, and sexual orientation, calling out the messaging that can influence our beliefs and behaviors, appreciating the specific challenges facing members of these communities, cultivating inclusive spaces that helps LGBTQIA clients feel comfortable expressing their needs, and being an ally by committing to a reflective practice. The presentation contains a number of helpful practice tips about representing LGBTQIA clients.

In this appellate advocacy program, we explore how to prepare and deliver the best appellate oral argument for you, how to be the best advocate you can be, and how to maintain your credibility as an advocate. We address the fundamental appellate advocacy issues involved in appeals. And we focus heavily on principles of advocacy including how to be your authentic self as an advocate and how and why you should not fake it by trying to be someone you are not. We offer useful real world experiences along the way and useful tips and practice pointers so you tread carefully and safely in your appeal.

Effective legal writing is a necessary skill in the practice of law and lawyers do tend to write well. However, regardless of how effective a lawyer’s writing skills are, there is always something useful to be gained from a review of effective writing guidelines and advice. This presentation describes the basics of legal writing. All other types of legal writing are built on these basics. Several specific types of legal writing are then addressed with guidelines and ideas to help your writing remain effective.

An effective oral advocate balances control and flexibility, directly responding to questions while continuing to emphasize a core theory. An effective oral advocate addresses any lingering doubts, demonstrates their knowledge and abilities, and serves as a problem-solver to the bench. Being an effective oral advocate takes significant preparation—battle plans. This oral argument boot camp walks you through the rigorous process of preparing for an appellate oral argument. Topics include techniques for conquering nerves, distilling a core theory, developing a dedicated process to practice answering questions, getting mooted, and more.

In this ethics program, we explore how to deal with biased and bad judges within the governing ethics standards. We address the fundamental ethics issues involved in challenging a judge for disqualification, as well as the ethics traps for lawyers who make the charge too easily. We use as a case example an explosive, interesting historical case from the Cold War — the serial deportation trials of Harry Bridges. We also use famous current cases to explore the bias issues, as well as improper race-based conduct by judges and lawyers. Along the way, we offer useful tips to protect and advise clients so you tread carefully and safely.

Addiction is a great equalizer. Among attorneys, substance use is particularly concerning; it is pervasive and covert. Approximately 50-75% of lawyer discipline problems involve substance use. Paradoxically, the qualities that can propel a lawyer to success can also put a lawyer at risk. In this presentation, we introduce ten things that every attorney should know about substance use. Topics include the incidence of substance use disorders, contributing factors, the ethics of impaired lawyering, strategies for addressing substance use, and practical tips for increasing resiliency.

In this presentation, the speaker will (1) discuss the legal history of the Supreme Court’s Fourth Amendment jurisprudence concerning modern technology, beginning with two landmark cases in the 1920s; (2) address the Court’s Fourth Amendment cases concerning modern technologies in the recent past (since 1970); and (3) conclude by offering some thoughts about how the Fourth Amendment may or may not apply to some very recent technologies that haven’t yet been addressed by the Supreme Court.

Millions of uninsured people in the United States have the right to receive emergency medical care thanks to the Emergency Medical Treatment and Labor Act (EMTALA). Signed into law by President Reagan in 1986 and still in force today, EMTALA provided the first limited federal right to health care regardless of ability to pay. In this survey of EMTALA, we dissect the “golden rule of the emergency room” and introduce the major statutory and regulatory mandates, as well as case law interpretations thereof. In that vein, we also cover hot-button issues and present some of the top compliance challenges for hospitals.

The federal Education for Homeless Children and Youth Program of the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) guarantees homeless children and youth access to free, appropriate public education and the right to educational continuity and stability. With a global pandemic that has put many students at risk of housing instability and displacement, lawyers can play an important role in addressing their legal needs through McKinney-Vento. States and school districts are required under this federal law to review and revise laws, policies, regulations, and practices that may act as a barrier to the education of homeless children and youth. This course provides an overview of the educational rights of homeless children and youth and how lawyers can help them navigate and enforce these legal rights and ensure compliance of the law. Participants will learn the legal considerations when working with the educational rights of homeless students.

It has now been over 18 months since the legal profession was turned upside down with the advent of the COVID-19 pandemic. Every area of the law was hit hard. However, the law is not static and despite a pandemic, we adapt and move forward albeit slowly. Indeed, one of the areas which has been brought to the forefront (even on a national level) is landlord-tenant law. Regardless of what side of the coin you are on (landlord or tenant, commercial or residential), major issues have arisen. Thus, the question is despite a pandemic and the somewhat new way of doing things how do we, as practitioners, navigate these uncharted waters? In this course, we will examine the various issues which have presented themselves along with some suggestions for how to deal with them. Of particular interest are many of the moratoriums which have been put in place to purportedly stave off an avalanche of evictions. Presented by Kenneth W. Biedzynski, Esq., this course will canvas and discuss all of the above topics and more.

Mental health issues and substance use disorders can affect any attorney, in any setting, and at any time. Left untreated, they can destroy careers and lives. This program will discuss where the legal profession currently stands in relation to the substantial challenges presented by untreated mental health issues and substance use disorders and examine the nexus between ethical competence, under the Model Rules of Professional Conduct, and attorney well-being. This program will educate attendees on how to recognize the signs of an impaired attorney, how to approach the colleague and begin a conversation, and discuss the possible disciplinary and professional liability implications of an impaired attorney’s conduct. In addition, the speaker will present best practices/effective risk management strategies, preventative measures, and proposed policy and well-being initiatives, that attorneys in any practice setting may implement to protect clients, themselves and other firm members as well as save careers.

How is the United States going to meet its carbon emissions and renewable energy goals? The answer, friends, is blowin’ in the wind – offshore wind. In this introduction to offshore wind permitting and development, we will review the global and national history of offshore wind and describe the immense potential for offshore wind to contribute to the United States’ clean energy transition. We then will provide an overview of the players and layers of approvals required for an offshore wind project, and describe how state and federal momentum has aligned under the Biden-Harris Administration to advance the development of the offshore wind industry in the U.S. Finally, we will talk about what we expect to see as the U.S. offshore wind industry develops over the next few years.

This six-credit course is designed to help Illinois newly-admitted attorneys meet their first year MCLE requirement and impart fundamental skills paramount to the practice of law. Taught by expert faculty, the six sessions range from professionalism to time management. They are: Session 1: Strive to Thrive: Not Only Succeeding but Flourishing as a Junior Lawyer Session 2: Leveling the Playing Field Session 3: Conflict Conundrums — An Introduction to Legal Ethics & Conflicts of Interest Session 4: Professionalism: It’s More than Being Ethical Session 5: An Introduction to Legal Malpractice Claims and Related Ethical Issues Session 6: Doing More in Less Time For Lawyers.

In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively prepare for a mediation, how to conduct yourself during the mediation session, and what steps should be taken after the mediation. Your goal as a lawyer should be to give your client the very best opportunity to successfully settle the case during or after the mediation.