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This one hour presentation will provide a fast-paced refresher on the foundational Rules of Professional Conduct governing our daily lives as practicing attorneys. We will also explore the most common ethics violations attorneys make – often inadvertently – to provide guidance on avoiding these most common mistakes.

Until very recently, the NCAA prohibited student-athletes receiving compensation due to their “amateur” status. In this course, we examine landmark cases review the NCAA actions for potential antitrust law violations. We also look ahead to the future of college athletics in the new name, image, and likeness (“NIL”) era.

Relocating a professional sports franchise name may seem as simple as selecting a new city, building a new stadium, and changing the team's name. In this course, we analyze some of the major legal obstacles that can appear when relocating a professional sports team—specifically the St. Louis Rams—where a beloved NFL franchise moved from the Midwest to Los Angeles. We also examine the legal battle that ensued and future implications for sports teams looking to relocate.

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.

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.

This course will provide an overview of issues related to the gender gap and patents as well as patent law. The course will focus on the 2019 “Progress and Potential: A Profile of women inventors on U.S. patents” published by the United States Patent and Trademark Office (USPTO) as well as the 2020 update on women inventor-patentees. The course will then look at the gender gap and patent law, both in terms of practicing before the USPTO as well as attorneys involved in patent litigation. The course will also highlight efforts being made to close the gender gap when it comes to patents and what else may be done.

Solo and small firm attorneys often face the familiar challenge of handling work demands during peak times. How can a small firm continue to offer excellent client service when there are only so many hours in the day? Small firms often look outside to contract attorneys, co-counsel, or refer work out in order to ensure client needs are met. This program will discuss the ethical considerations involved when working with contract attorneys, co-counsel relationships, and referral relationships.

In this course, we will discuss the importance of maintaining civility in communications with clients, opposing counsel and others and recommend best practices for doing so by exploring scenarios that an attorney might face in practice.

Antitrust law blends complex, high stakes litigation with economics. You don’t need to be an expert in antitrust law to serve your clients—but you do need to know enough about antitrust law to know when it could be an issue. This course covers the basics of antitrust law, from cartels to mergers.

This class will explain the evolution of computer forensics into what is now known as digital forensics. As a part of this class, attorneys will learn about the foundations of digital forensics, including how digital evidence should be collected, forensically acquired (copied), preserved, examined, and analyzed. The class then uses numerous case examples to explain different forensic artifacts and how they can be used in cases. Evidence types include metadata, internet history, communication artifacts, searches, multimedia, location evidence, and much more. Actual case examples are utilized to illustrate the usefulness of these forensic artifacts in litigation. Attorneys will also learn the difference between an information technology expert and a digital forensics expert, with case examples illustrating the problematic outcomes of having information technology experts attempting to testify about digital forensics.

Attorneys are constantly facing demands on their time from courts and clients. With all these responsibilities, who could possibly find time to fit in a pro bono case? This presentation will discuss the importance of pro bono representation, explain the numerous opportunities for both short and long term pro bono representation, and provide some ethics considerations and practice tips for those who want to get started.

The retainer agreement is an often neglected tool to meet our ethical obligations to our clients while simultaneously managing and reducing professional risks inherent in the practice of law. The retainer agreement touches on virtually every kind of private practice and directly addresses the two greatest sources of professional risk to attorneys – ethical obligations and legal duties to clients. This course explores the basics of the retainer agreement along with corresponding ethical considerations in the context of every day professional risks lawyers face through a review of the ABA’s model rules, sample retainers and ethics opinions. The “living” retainer agreement as a risk management device and best practice tool, including an overview of paralleling ethical considerations will be explored, along with how to develop a firm-wide retainer agreement plan.

The entrepreneurial cannabis industry requires legal assistance like any other growing, innovative business sector. However, the cannabis industry does not necessarily resemble other evolving start-up business areas. Unlike most other industries, cannabis continues to be a federally designated illegal controlled substance, while various states have legalized cannabis and planted a patchwork garden of cannabis statutes, regulations, and ethics advisory opinions. What’s a lawyer to do? Legal ethics questions abound! What type of legal assistance may a lawyer provide to a client involved in the cannabis industry? May a lawyer accept product or an interest in a cannabis business in lieu of fees? Will a lawyer who participates in a medical marijuana program or indulges in recreational cannabis face ethical repercussions? This course will explore the historical context of the cannabis debate, the legal ethics implications for lawyers seeking to represent cannabis clients, and the current state of the legal profession’s response to legal ethics questions posed by lawyers traipsing through the patchwork garden of state regulations.

Representing both the husband and wife in estate planning? Assisting with the divorce of your favorite friends? Asked to represent co-defendants or multiple family members in a criminal, personal injury, or immigration case? New clients want to pay you with stock in their enterprise? From family law, trust and estates, and business law to criminal, personal injury, and immigration law, conflicts of interest exist as a fundamental concern in the practice of law. If ignored or misunderstood, fundamental concerns can create significant problems for the unwary lawyer. What’s a lawyer to do? Step one: assess whether there is a conflict of interest. Step two: analyze whether it is consent-able or impermissible. Step three: proceed accordingly. This course will explore these steps in the context of the conflict of interest rules and their applications in the everyday practice of law.

This course provides an advanced overview of criminal mitigation as a key strategic tool for criminal defense lawyers, and reviews various humanizing processes that a criminal law attorney can utilize to better advocate for his or her client. Mr. Silver discusses how the use of psycho-social analysis, which can also impact the factual analysis of the case, can provide a more positive and informed narrative of a client and increase their chances of success in the courtroom. Both experienced and novice lawyers will gain important insight into various criteria to consider and deploy at the pre-sentence or pre-plea stage of representation.

To increase sales as well as goodwill, many companies like to partner with charitable organizations to market their products. One common marketing plan is the commercial co-venture, which involves advertising that the company will donate a portion of sales to a charity. This highly-regulated area of law has numerous requirements, from contractual and advertising obligations to registration and bonding. In this program, you will learn best practices for running successful charitable marketing campaigns, as well as the difference between commercial co-ventures and other cause marketing efforts. You will also learn about applicable state laws and how to problem solve for compliance issues in commercial co-venture campaigns.

Among the most important topics in immigration defense today is CRIMMIGRATION, that is, the consideration of how to contend with and explain criminal issues, including fraud, misrepresentation, illegal activity and crimes involving moral turpitude, for immigration clients. This seminar will consider how to tackle this extremely important issue separate and apart from proving hardship issues in 601-waiver petitions by using MITIGATION, just as criminal defense lawyers use mitigation to defend and explain their client’s criminal behavior with prosecutors or in court.

This course is designed to review the two primary methods for shifting risk between the parties to a construction contract. Those methods are indemnification provisions and insurance. This course will discuss the various forms of indemnification and the scope. Insurance will be addressed as it relates to indemnification and as a stand-alone protection. This course will include suggestions to be included in both the substantive and procedural aspects of an indemnification. For example, whether the indemnification applies to the fault of one party or all parties related to the project. There will also be a discussion on how to avoid conflicts with the enforcement of the indemnification provision. The effects of various statutory provisions that relate to permitted indemnifications will be reviewed. The program also covers the duty to defend, and scope of that duty. The course is designed to alert an attendee of the various contractual issues that arise with indemnification provisions and various insurance products, and the relationship between indemnification and insurance in order to draft construction contracts that better protects the client. Pertinent case law will also be reviewed.

Young and old attorneys can always learn something about Trademark Law. In this introduction to Trademarks, attorneys learn the basics of Trademark Law from prosecution of a Trademark to obtain one through litigation when a Trademark is infringed. The presentation is broken down into three sections. First, the results of an interview with a Trademark Examiner from the United States Patent and Trademark Office about her prosecution pet peeves is addressed. Second, the basics of Trademarks is presented. Third, a sample case on Trademark infringement is thoroughly analyzed and discussed.

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.