New Mexico bundle

Intellectual Property Law is different than most areas of the law. In particular, attorneys that prosecute patents and file applications for trademarks practice before the United States Patent and Trademark Office (“USPTO”). As such, those attorneys—who are required to be licensed by a state and, thus, subject to its Model Rules of Professional Conduct—are also subject to and must follow the USPTO’s Rules of Professional Conduct. In this Overview on Ethics and the IP Attorney, attorneys learn some of the similarities and differences between the two sets of ethical rules, as well as analyze cases addressing some IP-specific ethical issues.

Over the course of the past few decades, the proliferation of internet connectivity and new technology has allowed stalkers to terrorize their victims from afar. Many state stalking laws are difficult to apply in the best of circumstances, but cyberstalking is often more anonymous, and a stalker’s identify can be hard to prove. This program will discuss the law that applies to stalking, special considerations when cyberstalking is involved, and strategies for collecting, preserving, and preparing to introduce evidence of cyberstalking.

Customs and International Trade Law is the intersection of national sovereignty and international commerce. Fueled by economic concerns, national interests and arcane peculiarities, customs law can be an interesting minefield for companies to navigate. You don’t need to be an expert in customs law to serve your clients—but you should be aware of basic principles and be able to identify potential compliance problems and cost-saving opportunities.

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 DUI defense and how to win a DUI case. He will provide an overview of DUI case defense in both the administrative (driver's license) and criminal court forums, as well as tools for using common sense concepts to make the case for your clients.

Attorneys can play a vital role in discussing advance care planning options with their clients prior to, during, and even after initial estate planning conversations. The Patient Self Determination Act and state laws govern the utilization of advance directives, the primary set of documents that explain a client’s advance care wishes. Advance directives typically consist of a living will or health care directive, which determines what types life-sustaining treatments the client may elect to receive, and a durable power of attorney for healthcare that affords them the ability to select a healthcare agent to make decisions should they lack decision-making capacity. This course will provide examples of a conservative approach to advance care planning using the state of Ohio as an example and contrast with the state of Washington’s approach in allowing natural death planning per its Natural Death Act.

Business interruption insurance is intended to protect a business against loss. Does it protect a business against COVID-19? In this course we will explore the legal arguments that can be made by both policyholders and insurance companies in this billion dollar question. Take a crash course in business interruption insurance and litigation, with a special focus on COVID-19!

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.

Own a patent, now what? Only patent owners can enforce their right to exclude others from making, using, selling, or offering to sell their invention. In this introduction to patent litigation, we breakdown the major steps necessary to file and pursue a patent infringement complaint in U.S. district court. We also discuss the importance of claim construction and selecting the right forum. Participants in this course will gain a general understanding of the key step when enforcing a patent owner’s right to exclude.

More and more homes contain smart devices: Amazon Alexa, Google Home, Nest Thermostat, Smart TVs, Roombas, and more. These devices store all kinds of activities and send that data to the cloud. This CLE explores the types of data available, looks at some cases where that data was used, and discusses the law regarding the collection of this type of data. Section 1 is an introduction to the CLE and covers some definitions relevant for the presentation. In Section 2, explore a variety of cases involving internet of things devices. In Section 3, attorneys will learn how to obtain data from various devices.

The term “5G” has become ubiquitous in recent months, appearing in everything from technology news reports and discussions on national security to wireless carrier advertising campaigns. Along with widespread marketing campaigns has come a crush of land use applications by carriers seeking to install small cell facilities in the public rights-of-way as well as to upgrade existing rooftop and tower sites with 5G equipment. This has caused concern and anxiety among many local land-use officials who are unsure of how to handle the expanded number of applications. This course begins with a brief overview of the wireless telecommunications space. We then dive right into current developments in the telecommunications industry, including new and updated federal laws and regulations, and how they impact a local jurisdiction’s capacity to manage its own rights-of-way, and to draft land use regulations that hold up against federal telecommunications preemptions. This course will benefit municipal, county and state level attorneys, local land use boards and their counsel, zoning board attorneys, as well as county and state counsel and private land owners with cell towers on their property: that is, it will benefit anyone who deals with wireless communications facilities on a proprietary or regulatory level.

Lawyers generate tons of paper. Receiving, reviewing, producing, sharing, filing, and retrieving paper documents has a huge cost to a practice, whether it is a solo or small firm, a large firm, a corporate legal department, or a government or public interest office. Fortunately, lawyers can save time and money by transitioning to a paperless office. In fact, during the pandemic, lawyers quickly realized that if their offices were not digitized – that is, every document scanned and available for viewing online – they were not able to function. This course will take users through the basics of becoming paperless and highlight the benefits of a digitized workflow. You’ve put it off for years. It’s time to learn how reducing the amount of paper in your practice will increase your productivity.

An attorney is a professional; and being a good and respected attorney means more than just making lots of money and having lots of clients. It means displaying, encouraging, and garnering reciprocal professionalism. In this introduction to legal professionalism, we cover some of the major temptations, quandaries, and slip ups that attorneys can handle properly if they adhere to a high standard of professionalism. We also review a sample state’s creed on professionalism, as well as a recent ethics - related case before ending with a summary of suggested best practices for maintaining the highest standards of professionalism and avoiding the scrutiny of the local bar’s ethics board.

The powerful public interest in preventing the spread of contagious diseases has led to a longstanding history of vaccination mandates being imposed as a prerequisite to access to various rights, such as education and employment. At some points in history, nonvaccination has even been punished with fines. Balancing out this imposition, systems have been established to compensate the small proportion of individuals who claim to have been harmed by an adverse reaction to a vaccination. This course will examine the legal basis and structure of vaccination mandates, including public mandates imposed by state and federal government entities and private mandates imposed by employers. The course will cover the common exemptions from vaccination and accommodations required by employers under federal law. The course will then turn to the function and operations of the National Vaccine Injury Compensation Program, and to other routes of injury compensation available for vaccines not covered under that program.

This course is designed to give the participant an insight into the reasons behind athlete activism and taking stances on political and social stances in the sports world, as well as how to advise sports-clients on the legal and practical implications involved in choosing to take a stance – no matter the type of statement to be made.

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.

This course is designed to address the various evidentiary issues that arise with electronic evidence. For example, the presentation will cover the use of social media as evidence and how it is obtained and introduced into evidence. There will be a discussion of some of the preliminary evidence rules that are sometimes overlooked that can apply to social media and other electronic evidence. Issues with juries using social media during trial will also be covered. There will be a general discussion of the application of the hearsay rule to electronic evidence, and how to lay the proper foundation. Rules regarding spoliation of electronic evidence and the effect will be examined. The presentation will also deal with statutory provisions regarding discovery electronic information from third party providers. With the increased use of e-signatures, there will be coverage of issues that arise when introducing a document that has been electronically signed.

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 course, Alyssa Johnson shares why the practice of law doesn’t always support lawyer well-being and what we can do about it. A recent ABA survey found that the COVID pandemic further exacerbated the stress caused by legal practice for a significant number of lawyers. Ms. Johnson outlines ways that organizations can provide services that enhance attorney mental health and well-being, and she equips attorneys with tools for hormone regulation, stress reduction, and self-advocacy, so that they have the clarity and courage to ask for what they want. All of this information is rooted in neuroscience data and tied to lawyers’ ethical duty to address their well-being.

The Corporate Transparency Act is going to change dramatically the way that founders and investors in privately-held companies interact with each other. The CTA, once implemented, will require roughly 25 million U.S. companies to file a beneficial ownership report with FinCEN, the Financial Crimes Enforcement Network of the U.S. Treasury. Each beneficial ownership report will contained personally-identifiable information (PII) about each of the company’s “company applicants” and “beneficial owners.” FinCEN will maintain a database of beneficial ownership information that will be confidential, but accessible by specific law enforcement agencies pursuant to regulations that FinCEN will adopt. Understanding how the CTA will change the interactions between founders and investors will allow attorneys to modify the contractual relations between those parties in anticipation of the CTA coming into effect.

This course will review the practical and legal principles involved in determining whether, and to what extent, space flight participants can recover from commercial human spaceflight companies for injury or death. It will cover common definitions, including commercial spaceflight operators and participants, state and federal statutes, and common law doctrine. It will then provide frameworks for weighing factors that may come into play when negligence occurs in commercial spaceflight.