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.
Our world is becoming increasingly hyper-connected. The objective of the Internet of things is for everything to communicate and interface with everything. From wearable technology and smart home assistants, to Internet connected medical ingestibles and social credit scores, more data is being collected about us than ever, and this data can and is being used in litigation. This course will explain how this data is collected from the Internet of things devices, and the places that they store data such as the cloud, cell phones, and computers. Cases involving Internet of things devices such as digital pacemakers, fitness wearables, and smart home assistants will be discussed, with an eye to the future of how this data will become more prevalent and pervasive.
Have you ever felt frustrated by technology? Or, have you ever wondered how to be more productive? Often, you can get more done in less time if you improve your workflow, and if you learn how to use technology more efficiently. Many lawyers and staff struggle with these concepts, in large part because they were never trained how to do the programs their offices rely on. This program, based on presenter Dan Siegel’s popular book, How to Do More in Less Time, demonstrates practical, easy-to-use and implement ways for attorneys and busy professionals to use technology to be more effective – doing so in less time than through traditional methods. The program will explain how to customize and take better advantage of the technology already in use in law offices.
Electronic communications and e-signatures have amplified the speed and number of contracts entered into everyday. The rapid changes in technology have also imposed rapid changes on a legal system that is traditionally slow to adapt - the Uniform Electronic Transaction Act has been implemented in almost every state for close to 20 years, yet many attorneys still insist on printing, signing and scanning signature pages. In this CLE course, attorney and eDiscovery specialist Aaron Cronan will cover some of the most important implications for contract formation and enforcement in the digital age. He will focus on a legislation overview, electronic signatures, Statute of Frauds, UCC, assent of the parties, Browser/Clickwrap, and best practices. This session will include examples and case law from across the county to identity trends and traps.
This program, taught by Russo & Gould LLP Partner Florina Altshiler, an experienced trial lawyer, will address key concepts in the psychology of jury selection. The course will review the social science behind selecting a jury in civil and criminal matters, helping attorneys learn to identify and eliminate jurors who will be problematic to their theory of the case, while also establishing the rapport necessary to engage them with their narrative of events. The program offers practical guidance on voir dire tactics, including best practices in interviewing jurors, introducing the case during jury selection, and avoiding objections during the selection process. It also addresses how to effectively use peremptory challenges. In addition to strategy, the course also covers the statutes, and procedures that govern jury selection. Finally, the presenter will discuss COVID-19 implications for jury trials, the latest updates to court procedures, and strategy.
In August 2021, The Washington Post released a transcript of a February 2018 interview in which Rudy Giuliani told federal agents it was permissible to “throw a fake” during an electoral campaign. Just weeks before that transcript became public, Giuliani was suspended from the practice of law in New York for baselessly asserting that thousands of felons and dead people voted during the 2020 presidential election and that Georgia voting machines had been manipulated. This program will examine the ethics rules implicated by Giuliani’s recent conduct—ABA Rules 3.3, 4.1, and 8.4—and provide guidance on how to avoid suffering Rudy’s fate.
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The Internet of Medical Things (IoMT) is on a path to revolutionizing the healthcare industry. Moving at an unprecedented pace, IoMT has begun to transform the notion of value - based healthcare by improving health care delivery, efficien cy, and convenience. The IoMT ecosystem, however, is unique and poses unusual privacy, security, and liability challenges. In particular, IoMT devices have the potential to cause significant bodily harm or death to patients, which is a consequence not comm on to other internet of things (IoT) products. This presentation explores (i) benefits and risks associated with IoMT, with a specific focus on privacy and security risks and (ii) whether existing liability frameworks, including products liability and stan ding, are sufficient to protect plaintiffs in IoMT lawsuits.
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.
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.
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.
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.
It is now more important than ever for businesses to understand what is permitted—and, perhaps more important—what is not permitted in the realm of political activity. Businesses and individuals are motivated to participate in the political process, but must understand the rules of the road to ensure compliance with campaign-finance laws, pay-to-play laws, and government-ethics laws. This presentation will provide an overview of the current state of the law, trends in enforcement and disclosure obligations, and strategies for compliance.
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.
Social media and mobile phone contests and sweepstakes may seem like a no-brainer for many businesses, but are you equipped to help clients set up and conduct them legally? This course outlines the legal issues involved in conducting sweepstakes and contests, otherwise known as chance and skill prize promotions, when conducted via social media or mobile devices. It will cover applicable state gambling laws, how to handle user-generated content per the Digital Millennium Copyright Act, the Communications Decency Act, and the Consumer Review Fairness Act. It will also outline practical considerations such as privacy concerns, specific platform requirements, and FTC endorsement guidance so your clients’ social media and mobile contests can run smoothly.
Cyber security is generally seen as a technological field, but criminal hackers often employ low-tech "social engineering" attacks against people using the networks they seek to target. These attacks are actually the initial cause of most data breaches and other security incidents. How do they work? And what can you do to protect your clients and your practice?
The federal antitrust laws are a longstanding and overriding national policy in favor of competition that has been affirmed and reaffirmed by Congress time and again, and federal law is the supreme law of the land. But then sometimes it isn’t: states have the power to regulate economic activity, and they sometimes do so in ways that are anticompetitive (and sometimes allow private parties to do anticompetitive things). This course covers the most commonly-implicated doctrines when there is state involvement in anticompetitive conduct.
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.
Thorough employment investigations of employee allegations of sexual, gender, age, racial and religious discrimination must balance the adverse interests of an employee’s complaint and the employer’s need to minimize interruptions to business operations. To further complicate these competing interests, internal investigations can involve difficult witnesses. This program will provide corporate counsel, internal investigation teams, and human resource professionals with tactics for identifying difficult witnesses and real-time adjustments in investigation strategies that disarm difficult witnesses while maintaining professionalism. Professional service providers such as physicians and accountants will also increase their understanding of internal investigations conducted in small business settings.
This three-credit course is designed to help Oregon newly-admitted attorneys meet their first year MCLE requirement. Each session is taught by faculty with a unique perspective and offers practical guidance for increasing access to justice for those in the legal profession, clients, and communities. They are: Session 1: LGBTQ Cultural Competency in Client Representation; Session 2: Diversity, Inclusion, and the Elimination of Bias in the Legal Profession; and Session 3: Creating Justice for All: Engaging in Pro Bono Representation. Please note that this three hour program contains two checkpoints total. There are not checkpoints within each individual course.
The New Jersey judiciary handles tens of thousands of landlord-tenant cases every year. These cases touch many facets of life and law. Despite the volume and complexity of these cases, the practice of landlordtenant remained largely the same since the 1970s. The COVID-19 pandemic changed this. In August 2021, the New Jersey Supreme Court ordered sweeping changes to the administration and adjudication of landlord-tenant cases. This discussion addresses these dramatic changes, the policy reasons underlying them and best practices for practitioners new to the field.
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.
This program is designed to provide a basic understanding of how to interview children, specifically children who have experienced trauma and may also be refugees. Attendees will gain a comprehension of the different developmental ages of children and learn techniques to effectively interview children to gather information for legal proceedings. The training will include sample questions and hypotheticals to practice these techniques.
Our world is becoming increasingly hyper-connected. The objective of the Internet of things is for everything to communicate and interface with everything. From wearable technology and smart home assistants, to Internet connected medical ingestibles and social credit scores, more data is being collected about us than ever, and this data can and is being used in litigation. This course will explain how this data is collected from the Internet of things devices, and the places that they store data such as the cloud, cell phones, and computers. Cases involving Internet of things devices such as digital pacemakers, fitness wearables, and smart home assistants will be discussed, with an eye to the future of how this data will become more prevalent and pervasive.
An overview and introduction to the practice of law in New Jersey’s Municipal Courts. The Municipal Courts encompass many different areas of practice including, traffic, criminal, and local ordinance violations. Practicing in the Municipal Courts is a great way for newly admitted attorneys to gain immediate litigation experience and for solo and small firm attorneys to supplement their practices.
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.
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.
The Internet of Medical Things (IoMT) is on a path to revolutionizing the healthcare industry. Moving at an unprecedented pace, IoMT has begun to transform the notion of value - based healthcare by improving health care delivery, efficien cy, and convenience. The IoMT ecosystem, however, is unique and poses unusual privacy, security, and liability challenges. In particular, IoMT devices have the potential to cause significant bodily harm or death to patients, which is a consequence not comm on to other internet of things (IoT) products. This presentation explores (i) benefits and risks associated with IoMT, with a specific focus on privacy and security risks and (ii) whether existing liability frameworks, including products liability and stan ding, are sufficient to protect plaintiffs in IoMT lawsuits.
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.
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.
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.
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