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It is not always clear how a deposition or written discovery responses can be used by a party during an evidentiary hearing or trial. The applicable discovery rules provide guidance, but frequently the judge is unsure of what is and is not permissible, and whether the response even needs to be shown to the witness or whether the witness or opposing party is allowed to explain or rebut a discovery response. This presentation will discuss the permissible use of discovery responses and depositions under the applicable rules of civil procedure. Additionally, there will be a discussion of practical considerations for use of the discovery. Finally, this presentation will provide suggestions on methods to make the discovery responses more effective or useful at a hearing or trial.

This program is a comprehensive lecture by noted DUI expert and defense attorney, Robert S. “Bobby” Reiff, the author of "Drunk Driving and Related Vehicular Offenses (Lexis Law Publishing Company) and LexisNexis' "Florida DUI Practice Guide" series. In this program, Mr. Reiff provides both new and experienced DUI attorneys tips about strategies in picking a jury in “drunk driving” cases that will help you win your case. He will provide an overview of the theories of jury selection and how they apply to a DUI case. He also provides you with common sense concepts to make the case for your clients.

In a vast majority of M&A transactions, the real estate component of the transaction may not sink a deal. However, it is an important component of the whole transaction. This course will focus on how to effectively review a lease in connection with a M&A transaction so that (i) the transaction is not held up or delayed by an aggressive landlord, and (ii) the acquiring company is not left with fewer rights and more obligations than what the acquiring company contemplated. The issues covered in this course apply to all types of leases – offices, retail and warehouse. This course will be beneficial to both new attorneys and the experienced practitioner.

Copyright Law can be the Charles Dickens of the law. It can be the best of times; it can be the worst of times. It truly is A Tale of Two Scenarios. If the attorney handling the copyright matter for the client is well prepared, does the initial research, and understands the general principles, it will be the best of times—going from initial application through final issuance and, possibly, victory at trial. If the attorney handling the copyright matter is unprepared, does not conduct sufficient research ahead of time, or does not understand the general principles of copyright law, then it will be the worst of times. The initial application may result in rejection from the U.S. Copyright Office, or the attorney could find himself embroiled in protracted and, ultimately, unsuccessful copyright-infringement litigation. In this introduction to Copyright Law, we cover the basics from application through litigation in an effort to ensure the attorney practices Copyright Law in the best of times.

Amidst a pandemic quickly turning endemic, people are learning the value and power of the virtual world, from education to work to healthcare. A doctor on vacation in Hawaii conducts a follow-up appointment with her 83-year-old cancer patient in New York City while a Florida Cardiologist checks in to see why his patient in Nevada has such a low heart rate at the moment. These are just some of the exciting ways that telehealth can benefit patients and providers, but what are the rules in this fast-changing environment? This course will provide you with the tools you need to advise your clients on the legal and regulatory aspects of telehealth from both a federal and state perspective.

The purpose of this course is to introduce listeners to the various kinds of litigation that arise under Title VII. We will discuss the background of Title VII and legal developments that have shaped the law into what it is today. We will also discuss the various kinds of claims and the general elements of each claim. Listeners will be left with an understanding of the general framework for Title VII Litigation.

Special care is needed when working with clients in trauma, both to support them and to protect yourself. This session covers the ways to prevent secondary trauma and compassion fatigue when working with clients in trauma, including how to maintain your equilibrium while hearing stories of trauma and tips on self-care during the interview and afterward. We will define the serious consequences that may arise for practitioners working with those in trauma and outline a well-being approach to prevent burnout, secondary traumatic stress, and vicarious trauma. This program will benefit practitioners who work with clients in trauma, including those in criminal law, family law, immigration law, employment law, and all those whose work, including pro bono work, touches on issues of trauma.

On June 15, 2020, the Supreme Court of the United States (SCOTUS) issued a landmark decision regarding the scope of protections afforded under Title VII of the Civil Rights Act of 1964, for gay, lesbian and transgender employees in a trio of consolidated cases: Bostock v. Clayton County, GA., Altitude Express, Inc. v. Zarda and R.G. & G.R. Harris Funeral Homes, Inc. v. Equal Employment Opportunity Commission et al., 140 S.Ct. 1731, 2020 U.S. LEXIS 3252 (Jun. 15, 2020) (consolidating No. 17-1618 (Bostock), No. 17-1623 (Zarda) and No. 18-107 (R.G. & G.R. Harris Funeral Homes). In a 6-3 decision authored by Justice Neil Gorsuch, SCOTUS found that the plain meaning of Title VII’s prohibition making it illegal for an employer to discriminate against an individual employee “because of such individual’s . . . sex” [42 U.S.C. §2000e-2(a)(1)], was sufficiently broad to prohibit an employee from being discharged merely for being gay or transgendered. Id. at 1739. As a result of that decision, and prior directives from the Department of Labor (“DOL”), and the Equal Employment Opportunity Commission (“EEOC”), federal law bars discrimination and harassment on the basis of sex to protect employees and applicants for employment from being harassed, denied employment or promotion, or otherwise subject to adverse treatment because they do not conform to societal gender expectations. This program will help employers to make sure that their workplace conforms to federal law and provides a safe space for employees to express their gender identity.

Contributing to candidates, starting a political action committee, raising money for candidates, and being involved in advocacy organizations are all highly regulated efforts. It is important to understand contribution prohibitions and limitations, disclosure rules, and other restrictions on political activity at the federal, state, and local levels. In this overview course, we will explain how the Federal Election Campaign Act and the various state laws apply to different activities and actors, such as candidates, super PACs, companies, and individuals.

In this program, Natural Resources Defense Council (NRDC) Senior Attorney and Managing Litigator Selena Kyle will introduce the concept of environmental justice and discuss trends in federal environmental justice policy and private environmental-justice advocacy. This program will use examples from the guest’s own impact litigation practice to illustrate current issues in environmental justice.

Immigration attorneys often struggle with the demands of practicing in a highly complex area of law in which the stakes are extremely high for their clients. Many different agencies are involved, and attorneys must be fluent with the grounds of inadmissibility and removability, their related waivers, potential eligibility for benefits, potential penalties and forms of relief, and countless regulations, statutes, agency manuals, memoranda, and abstract legal concepts and principles that govern every aspect of immigration practice. In this context, attorneys must advocate for clients whose ability to live, work, remain with their families, or to avoid persecution or harm may lie in the hands of the attorney. 

Working well with others is one key to a successful business. Drafting strategically prepared collaboration agreements can be one of the most valuable services you can provide to your small business and startup clients. This course explains how to prepare for, and then draft agreements, collaboration agreements that will keep your clients’ businesses running effectively and keep them out of court.

Congress has often responded to historic medical catastrophes by enacting new regulations designed to prevent their recurrence. With respect to infectious diseases and vaccines capable of preventing them, a well-established regulatory system exists for providing oversight of the process of developing and testing vaccines, licensing their use, controlling their administration, and following up on post-licensure issues. This course covers the structure of FDA regulation in these areas, including its powers governing Emergency Use Authorization and related litigation.

This course will provide a basic introduction to U.S.capital gains taxation rules,such as the calculation and determination of basis, adjustments to basis, and gain or loss in the disposition of capital and noncapital assets.Itwill also interweave advanced U.S.capital gains taxation rules such as depreciation recapture, sale of foreign real property, sale of cryptocurrency assets, and other non-resident alien taxation for the sale of U.S.real property.Lastly, this course will highlight the primaryreporting forms and conjunctive tie-in forms needed to ensure a complete and accurate tax return filing forcapital gains transactions.

Now you know about ransomware. You know the types, you know how the attacks work, and you know what to do and not do in response to an attack. But so far, we’ve focused on how to stop the attack and resume operations as soon as possible. But in most cases, a ransomware attack also impacts individuals outside of an organization – customers and clients.

Negotiation is the bread and butter of lawyering. In this introductory presentation, we give you the bottom line on negotiation skills. First, we explore the various theories of negotiation, including adversarial and problem-solving models, negotiation styles, and ethical considerations. Second, we review the preparation process and phases of negotiation. Finally, we introduce the hot topic of negotiating remotely with videoconferencing technology.

This course is designed to teach young and aspiring lawyers the importance of professionalism. The legal profession is a noble profession in which lawyers represent the interests of their clients, but the manner in which lawyers converse with each other is critical to the success of the profession. The best compliment a lawyer can get is a future referral from a former adversary. Professionalism drives this result.

Employers often begin planning and preparing for decisions concerning compensation for employees, including raises and bonuses, in the second half of the year. As attorneys, we provide guidance to our clients to ensure that these compensation decisions are made in accordance with federal and state laws. As part of this process, the time is also ripe to assist clients with reevaluating pay practices in hot spot areas such as misclassification of non-exempt employees and independent contractors, equalize any pay disparities, and ensure that pay plans and compensation practices are consistent with state law. In this presentation, we will guide you through these end of year compensation considerations and equip you with the tools you need to assist your clients to comply with federal and state wage and hour laws and avoid costly mistakes.

In a legal system where not everybody speaks English, court interpreters are crucial to overcome language barriers. This one-hour presentation is designed to provide attorneys with valuable information that will benefit their work with court interpreters during legal proceedings.

When a State officer violates someone’s constitutional rights, 42 USC § 1983 allows suit for money damages. But no such law allows claims against federal officials. Instead, since Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court has implied a private cause of action for damages against federal officers for some types of Constitutional violations. In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court substantially narrowed this doctrine, limiting the rights of people in prison or federal detention centers to sue for money damages when they have been beaten, placed in dangerous conditions of confinement, discriminated against or otherwise mistreated. This course will survey the current state of prison Bivens claims.