Remote depositions are here to stay and they require planning unlike conventional depositions. Justin Blitz will discuss issues related to taking and defending virtual depositions in personal injury cases. The course will discuss what should go into the planning of remote depositions, how to ask questions effectively in a remote environment, how to strategically use exhibits remotely, when to object (or not object!) to a question your client is asked, when it makes sense to not conduct a deposition, and the advantages of video depositions. Mr. Biltz will also address how to prepare your witness and how to adapt the art of non-party depositions to a virtual setting.

“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.

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.

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.

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.

Suing an insurance company involves nothing more than a contract case but, then again, is it? There is so much more to know about insurance recovery litigation. How do you understand the issues you need to spot in order to evaluate one of these cases? What do you do when a client walks in with an insurance recovery problem? What are some of the unique problems that arise when your client needs to sue an insurance company, or an insurance company sues your client? In this program, we lay all of this out for you and in a simple and understandable way.

In this course, attorney and forensic expert Mark Silver delves into criminal mitigation strategies for the client suffering from Borderline Personality Disorder. Borderline Personality Disorder is among the least understood, and yet perhaps the most important mental health issues for criminal defense lawyers. As many as 6% of the population carry the diagnosis of Borderline Personality Disorder and the criteria for this mental health issue provide profound understanding regarding the criminal defendant's decision-making, behaviors and conduct, emotional instability, erratic conduct, impulsivity, depression and low self-esteem, and related matters. It is crucial for the criminal defense lawyer to be able to recognize borderline personality disorder in clients and know when to refer the case for an evaluation and/or how to use aspects of this disorder for mitigation purposes.Borderline Personality Disorder: Pre-plea and Pre-sentence Criminal Mitigation Strategies

This course is designed to give guidance to lawyers on various issues under the umbrella of technology law. In every aspect of a lawyer’s career, technology plays a role. Technology is so important to today’s lawyer that state bar associations are starting to add a technology element to required CLEs. This course provides a summary of issues related to counseling clients in content of technology-related contracts, document retention policies, and e-discovery issues should litigation ensue.

With the increasing legal complexities in the live performance industry, lawyers, agencies, promoters, managers and talent buyers have had to re-examine their template agreements and legal protocols related to performers and entertainment. Learn more about the intricacies of the live performance industry, the primary clauses within the industry’s agreements, how the industry is evolving, and how you can protect your clients in the industry.

Almost everyone likes a to-do list. But what about a not to-do list—a malpractice not to-do list? A malpractice not to-do list is a list of professional behaviors or situations that, if undertaken, stand to bring a lawyer closer to malpractice. In this presentation, we present a seven-item not to-do list spanning every phase of a representation—from initial consultation, to relationship-building, to routine client interactions, to end of relationship. We explore why clients file malpractice claims and identify a wide range of common ethical traps.

A trial is nothing more than a scripted, rehearsed play. A good trial lawyer is the actor, the playwright, and the director of an effortless performance to a small, powerful audience of twelve. Opening statements are the trial’s prologue; they’re not much ado about nothing. Opening statements are the critical first scene where attorneys begin to compete for the jury’s headspace. In this presentation, we’ll draw upon theatre and William Shakespeare as we guide you through the process of understanding, drafting, and delivering an opening statement.

This course will present an overview of basic maritime law concepts. At the outset, viewers/listeners will learn about the origins of exclusive admiralty jurisdiction and what elements are required to bring a case into the purview of the maritime courts. By the course's conclusion, viewers/listeners will have an introductory level familiarity with relevant terminology, including maritime worker classifications and the statutes governing their employment, rights and remedies. Other topics unique to admiralty will also be introduced and certain key cases identified.

This course is an introduction to the nonprofit practice area. Specifically, we will review the process for forming a nonprofit and seeking tax exemption under section 501(c)(3) of the Internal Revenue Code. Attorneys will learn the compliance requirements for nonprofits as well as the unique tax issues nonprofits face. Attorneys will feel empowered to expand their practice area to include nonprofit law. This course will also explore fiduciary duties of nonprofit board members. For attorneys interested in volunteering as a board member for a nonprofit, this course will examine the best practices to protect yourself from potential liability.

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.

All police must comply with the U.S. Constitution. When they don’t, the harm police cause is unjustified, and its impact can be far reaching. In this presentation, we introduce you to the major issues that arise in representing people harmed by police during an “arrest, investigatory stop, or other seizure.” We will take a practical look at the Fourth Amendment’s prohibition against unreasonable seizures, and the primary vehicle for addressing excessive police force—42 U.S.C. § 1983. In doing so, we will explore Fourth Amendment excessive force caselaw, including the doctrine of qualified immunity, and touch on the hot topic of police bodycams.

The United States Federal Government marketplace offers a wide-range of contracting opportunities for companies. From products to services and in just about every form and size you can imagine. But navigating the rules and regulations that come with being a federal contractor or subcontractor can be challenging and increase compliance risk. In this course, we will explore the basics of doing business with the United States federal government and suggest strategies to mitigate compliance risk in dealing with the federal government.

In this digital age, invisible threats lurk in every dark alleyway of the internet. Knowledge, awareness, and daily cyber hygiene are necessary to prevent cybercrime and fraud, preserve confidential information, and ethically serve clients. Through two hypothetical scenarios, we’ll explore the biggest cybersecurity vulnerability of all—ourselves. People with poor cyber hygiene are a prime target for cyber adversaries, who use tactics and methods like phishing, social engineering, and malware to exploit their weaknesses. We’ll explore the ethical dimensions of cybersecurity, the types of cybersecurity threats and vulnerabilities, some daily preventive habits that can reduce threat exposure, some techniques for recognizing phishing scams, and the anatomy of a ransomware attack. Viewers will also receive a cyber hygiene checklist.

Business mergers and acquisitions are complicated transactions for any attorney representing a buyer or seller, but there are special challenges when representing a client who wishes to buy or sell a Web-based business. Unlike their “brick and mortar” counterparts, the assets of a Web-based business are primarily intangible and can easily lose value – or disappear entirely -- when the business changes hands. Making sure that all of the seller’s web domain names (URLs), e-mail and e-commerce accounts, social media pages, and web traffic transfer smoothly to the buyer without interruption requires an in-depth familiarity with Web-based businesses and how they operate. In this fast-paced presentation, hosted by a leading small business attorney, author of “Advising eBusinesses” and nationally syndicated legal columnist who has helped dozens of clients buy and sell Web-based businesses over the past 10 to 15 years, you will learn how to handle the special issues involved in selling and buying such businesses so that your M&A transactions close smoothly, on time, every time.

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.

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.