Vermont bundle

The Due Process clauses and Equal Protection of the Fourteenth Amendment are intended to guarantee uniform access to the law, and protection from state overreach, for all Americans. Beyond even those bold purposes, however, the Fourteenth Amendment’s Due Process clause has also been read to “incorporate” various rights guaranteed in the Bill of Rights, so that the states cannot encroach on them, where previously only the federal government was so restricted. In this course, the celebrated retired civil rights attorney Samuel B. Cohen will explore the historical purposes and present applications of the Due Process and Equal Protection clauses of the Fourteenth Amendment, showing how present Court doctrine differs from the framers’ intentions, and what rights from the Bill of Rights have been “incorporated” as to the states and found by Courts to exist in the Bill of Rights’ “penumbrae and emanations.” He will provide guidance for identifying and pleading Due Process and Equal Protection issues in litigation, as well as talking points for discussing these complex topics with non-lawyers.

While the First Amendment is most commonly associated with "free speech,” there are five distinct freedoms guaranteed by the First Amendment: freedom of speech, freedom of press, freedom of assembly, freedom to petition the government for redress of grievances, and the prohibition of an establishment of a state religion in America. These limitations on government power over individual expression and association stand at the core of the American conception civil liberties, to such an extent that we often disregard them in our day to day lives. In this course, the celebrated retired civil rights attorney Samuel B. Cohen will explore the historical purposes and present applications of the First Amendment, showing the evolution of original concepts and the ways the law has adapted to meet new concerns in light of First Amendment rights. He will provide guidance for identifying and pleading First Amendment issues in litigation, as well as talking points for discussing the First Amendment with non-lawyers.

This CLE explores the Federal Rules of Evidence applicable to digital evidence. Attendees will learn about relevant case law and how to authenticate or challenge the admission of digital evidence at trial. We will explain how to use digital evidence effectively at trial and how to incorporate it into an overarching story or theory of a case. In Section 1, attorneys will be introduced to the topic and the types of evidence that will be covered in the presentation. Section 2 covers the applicable rules of evidence in the Federal system, particularly rules 901, 801, 803, and 703. Section 3 explores ideas in how to present digital evidence effectively to a judge or jury.

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.

In this appellate advocacy program, we explore how to prepare and deliver the best appellate oral argument for you, how to be the best advocate you can be, and how to maintain your credibility as an advocate. We address the fundamental appellate advocacy issues involved in appeals. And we focus heavily on principles of advocacy including how to be your authentic self as an advocate and how and why you should not fake it by trying to be someone you are not. We offer useful real world experiences along the way and useful tips and practice pointers so you tread carefully and safely in your appeal.

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.

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.

Reopening physical workspaces will require both employers and employees to confront new realities and to address both physical and operational changes required by the lingering effects of Covid-19 on the workplace. This program will offer a guideline for assisting both employers and employees to navigate the new post-Covid-19 workplace.

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.

Unfortunately, the uniqueness of social security disability law scares many new and curious legal practitioners away. A non-adversarial process lacking in both rules of evidence and rules of procedure, and with a unique government-regulated fee process, it can be both intimidating and confusing for newbies. This program, presented by national industry leader Michael Liner, will provide an overview of the medical and non-medical eligibility requirements of the Social Security Disability (SSD) and Supplemental Security Income (SSI) programs. The nonmedical criteria covered for will include quarters of coverage, insured status, as well as income and resource rules. The medical criteria to be covered includes the sequential evaluation, exertional categories, and common non-exertional limitations. The appeals/claims process will also be covered and explored.

The federal Education for Homeless Children and Youth Program of the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) guarantees homeless children and youth access to free, appropriate public education and the right to educational continuity and stability. With a global pandemic that has put many students at risk of housing instability and displacement, lawyers can play an important role in addressing their legal needs through McKinney-Vento. States and school districts are required under this federal law to review and revise laws, policies, regulations, and practices that may act as a barrier to the education of homeless children and youth. This course provides an overview of the educational rights of homeless children and youth and how lawyers can help them navigate and enforce these legal rights and ensure compliance of the law. Participants will learn the legal considerations when working with the educational rights of homeless students.

Effective legal writing is a necessary skill in the practice of law and lawyers do tend to write well. However, regardless of how effective a lawyer’s writing skills are, there is always something useful to be gained from a review of effective writing guidelines and advice. This presentation describes the basics of legal writing. All other types of legal writing are built on these basics. Several specific types of legal writing are then addressed with guidelines and ideas to help your writing remain effective.

The Rules of Professional Conduct contain special rules regarding the duties, obligations, and restrictions applicable to attorneys engaged in litigation, which also includes administrative proceedings. The course will provide an overview of the fundamental ethical rules, and their relationship to substantive rules and law, that litigators encounter. The course will include discussion of the rules that ever litigator needs to fully know and understand in order that they can properly represent their clients in dispute proceedings. Since a violation of the rules can result in significant harm to the client’s case, attorneys should stay fully informed about the pertinent rules. Although the course is basically an ethics course, ideas on how to better represent a client in litigation and comply with the rules will be discussed.

Many lawyers who are new to practice may say they want to be litigators, but they don’t necessarily have an idea of what that looks like. This introduction to litigation covers some of the most common steps of every case and includes practical first-hand knowledge of the best practices and common pitfalls of each step. This course will detail the process of litigation, from pleadings, to discovery, to dispositive motions through trial, while discussing the importance of continued settlement negotiations along the way.

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.

The practice of law has a big problem: women and BIPOC lawyer attrition. Studies show that the mental health of women and BIPOC lawyers suffers more and they leave the profession faster than others. But late nights and unpredictable hours are symptoms of mismanagement, not inherent in legal work. In this course, Dr. Carminati will discuss the Livable Law Method she created to guide legal organizations toward implementing agile project management techniques. With this method, managers can learn to equalize workflow, improve transparency, and decrease needless stress. Most importantly, they can improve outcomes for women and BIPOC lawyers in their organizations.

National attention has addressed the pay gap for women. Beyond that, there is an information gap, a power and understanding gap, and common perceptions of femininity that have resulted in institutional disadvantages for female attorneys, especially litigators. This program exposes nationwide statistics regarding the wage gap between female and male attorneys and pays special focus to recent academic and bar association studies addressing gender differences in the profession. The course also addresses practical ways to overcome this gender gap, including negotiation strategies and skills to foster leadership and opportunities for professional development. The goal of this program is not just to raise awareness of the issue but to also offer its participants the opportunity to solve the problem.

Cyber attacks threaten all businesses and, sooner or later, every business finds themselves to be the victim of one. Responding to a cyber incident quickly and effectively can help businesses avoid substantial fines and litigation. But how do you prepare? By using facts and scenarios from actual cases, and reviewing the latest developments in the law, this course will provide practical advice for attorneys in helping their clients prepare for and respond to a data breach.

Non-compete agreements shape the American employment landscape, affecting both employees and employers. Because these agreements prevent an employee from working within a particular industry for a defined time period, courts tend to closely examine these provisions. In recent years, many states have passed legislation to modify non-compete provisions in both employment agreements and business purchase agreements. Some states uphold non-compete agreements only when a legitimate business interest is at stake, while others have banned non-competes altogether. Certain states require employers to provide additional consideration or benefits to an employee to bind them by a non-compete. If employers are to adequately draft non-compete provisions, and if employees are to successfully negotiate such provisions, they must understand how the law is evolving in this area. Kristen Prinz, the Founder and Managing Partner of the Prinz Law Firm, P.C., will discuss best practices for drafting non-compete clauses from an employer’s perspective, and best practices to negotiate and handle non-compete clauses from an employee’s perspective.

Justin Blitz discusses everything an attorney needs to know to detail trial tactics and strategies, presenting the thought process of the plaintiff attorney throughout the evolution of the trial and best practices for conducting trials during the COVID-19 pandemic. Mr. Blitz will begin the course by discussing strategies for jury selection, how to tell your client’s story and what to expect at trial during the pandemic. This program will also cover ways to effectively communicate your message to younger jurors, and provide some tips on how to give successful opening statements, and direct and cross examinations along with tips on summation. Mr. Blitz offers practical advice that he has learned through his years of practice and advice on trying a case during the COVID-19 pandemic from his recent successful 4 week trial that he recently concluded.

In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively use written discovery to obtain the knowledge and information you need to help your client get the very best opportunity to be successful in their case. He will explore how to effectively use informal discovery, interrogatories, and requests for documents as well as subpoenas and motions to compel.

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 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.

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.

Attorneys in firms of all sizes – from solo practitioners to lawyers are multinational Big Law firms - face a number of ethical issues relating to cybersecurity, and preserving the confidentiality and security of their clients’ data. Contrary to what some lawyers may believe, law firms are often a valuable target for hackers because they can hold vast collections of sensitive and highly valuable client-related data. These cybersecurity threats come from individual hackers, international cybercriminals, and even a firm’s own attorneys and other employees. This program provides a basic primer on attorneys’ ethical obligations to understand and address the cybersecurity risks they face, and provides practical advice for attorneys in addressing issues that arise will undoubtedly arise in their legal practice.