West Virginia bundle

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.

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.

Assisted Reproductive Technology (ART) law involves complex and sensitive issues that prompt a number of drafting concerns for attorneys. In this program, Colleen Marea Quinn guides attorneys through the important and fundamental considerations surrounding ART law and basic ART contract drafting. First, Ms. Quinn covers the basics of family formation through ART and relevant medical terms. Then she addresses drafting pre-requisites and what information must be gathered prior to contract drafting as well as useful resources. Next she provides an extensive road map that incorporates specific structural techniques to help demystify the ART contract. Finally, Ms. Quinn provides an overview of necessary contract provisions covering everything from pre-screening, physical exams & psychological evaluations, and payment methods to labor notification, breaches and remedies. Do not miss this introduction to ART law and the fundamentals of ART contract drafting.

This course will provide an overview of copyright law following the U.S. Supreme Court decision in Google v. Oracle. This course will discuss what happened in Google v. Oracle, address several cases that have been or may be implicated following Google v. Oracle, and then cover issues that remain to be resolved following Google v. Oracle.

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.

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.

In this program, Natural Resources Defense Council (NRDC) Senior Attorney and Managing Litigator Selena Kyle will introduce the concept of environmental justice and discuss trends in federal environmental justice policy and private environmental-justice advocacy. This program will use examples from the guest’s own impact litigation practice to illustrate current issues in environmental justice.

This course will provide an overview of fashion law and how it intersects with intellectual property. The course will touch on more commonly known areas of fashion including apparel, shoes, and accessories. This course also will address how fashion is going beyond just the clothes or the accessories themselves and now reaching more into technology including supply chain optimization, virtual fitting rooms, and wardrobe recommendations using artificial intelligence (AI).

In a vast majority of M&A transactions, the real estate component of the transaction may not sink a deal. However, it is an important component of the whole transaction. This course will focus on how to effectively review a lease in connection with a M&A transaction so that (i) the transaction is not held up or delayed by an aggressive landlord, and (ii) the acquiring company is not left with fewer rights and more obligations than what the acquiring company contemplated. The issues covered in this course apply to all types of leases – offices, retail and warehouse. This course will be beneficial to both new attorneys and the experienced practitioner.

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.

This exciting program introduces uninitiated attorneys to the wild world of esports, its tremendous growth in recent years, and the legal opportunities in this space. In this course, we will provide an overview of the esports industry and relevant esports stakeholders in order to set the foundation for applicable legal concepts. We will then examine a variety of legal practice areas and their applicability to esports, including: intellectual property, contract structure, entertainment, employment, unions and associations, and immigration.

In 2012, the American Bar Association implemented “technical amendments” to a number of the Model Rules of Professional Conduct in order to address the evolution of technology in legal practice and the obligation to secure client data. We will discuss the amendments, subsequent ABA Formal Opinions clarifying the Rules’ application in practice, and basic steps needed to comply with the Rules. We will cover measures to secure the confidential client data on your firm network, individual computers, and mobile devices.

This one hour module provides an overview of negotiation fundamentals and explores strategies and techniques for attorneys who routinely engage in negotiations on behalf of private clients, corporate organizations, or administrative agencies. In addition to suggesting best preparation practices, the presenter will discuss other factors that should be taken into consideration including, but not limited to, communication styles, intangible influences, behind-the-table negotiations, cross-cultural factors, and negotiating in unstable contexts (such as a pandemic).

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.

As drone technology continues to evolve and drones evolve from novelty items to a central part of business operations in a variety of fields ranging from logistics and public utilities to real estate and construction, commercial drone operators must ensure that their operations comply with emerging federal drone privacy law. In this overview of the provisions of the FAA Reauthorization Act of 2018 governing the privacy practices of commercial drone operators, we cover key provisions governing operators’ privacy policies and compliance with the emerging patchwork of state and local information privacy and security laws. We also address emerging issues in federal preemption law related to the applicability of state and local information privacy and security laws to the aviation sector.

Weather is becoming more erratic and insurance policies are becoming more complicated. Policyholders are often confused about coverage and whether the insurance company is correct. Many are turning to attorneys for answers. This course aims to give attorneys an overview of a homeowners policy. We will break down and explain the policy and help you decide whether the insurance company is following its terms.

This course will teach you the fundamentals of using federal Civil Rule 35 to take mental examinations, a discovery technique commonly used in employment cases by management to have a mental health practitioner intrusively question the plaintiff. We will discuss who can attend such an examination, the uses and misuse of “garden variety” emotional distress, the role of the treater and the treater as a “hybrid” witness, the reports required of a forensic expert and treater, as well as psychological testing and the controversy over malingering and the Fake Bad Scale, and tax treatment of emotional distress damages. By the end of this course you should be able to answer the following questions: Must the plaintiff endeavor to mitigate emotional distress damages? Can the defense conduct an ex parte interview of plaintiff's treater? And can the defense require the plaintiff to be interviewed by a vocational rehabilitation professional?

This CLE program will cover the principal legal ethics rules implicated by lawyers’ social media use. In particular, we will cover the ethics rules governing confidentiality, trial publicity, and attorney advertising and solicitation— Model Rules 1.6, 3.6, 7.1 and 7.3— and how those rules interact with lawyers’ social media use. The second half of the presentation will detail the investigative uses of social media, including how Model Rules 4.2, 3.5, and 8.4 govern contact with represented persons, researching jurors, and impeaching witnesses.

Amidst a pandemic quickly turning endemic, people are learning the value and power of the virtual world, from education to work to healthcare. A doctor on vacation in Hawaii conducts a follow-up appointment with her 83-year-old cancer patient in New York City while a Florida Cardiologist checks in to see why his patient in Nevada has such a low heart rate at the moment. These are just some of the exciting ways that telehealth can benefit patients and providers, but what are the rules in this fast-changing environment? This course will provide you with the tools you need to advise your clients on the legal and regulatory aspects of telehealth from both a federal and state perspective.

It’s not easy being a lawyer. Attorneys face rigid deadlines, packed calendars, and long hours. Clients are often stubborn and unforgiving, demanding 110% of your attention and expecting five-star work at 2-star prices. As attorneys are only human, even the most skilled and seasoned will inevitably, to some degree, make a mistake. A mistake may damage your case, and might also threaten your relationship with a client or even your position at a firm. But failing respond appropriately to a mistake will jeopardize your license and your career. During this course, we will consider an attorney’s duties related to error disclosure, what exactly those duties require, and why it’s important to take these duties seriously.

Telehealth has exploded in recent years due to the COVID-19 public health emergency, although it has been around for a number of years. Similarly, telepharmacy is currently growing at a rapid pace, however, many states still have not adopted this practice yet or are not aligned with each other regarding the types of telepharmacy services that should be permissible. During this session, we will move through the timeline of how telehealth and telepharmacy first began, where the industries are now, and how much further we have to go. We cover the law, the practice, and the money to help stakeholders understand all considerations that are at play when thinking about telehealth and telepharmacy.

While not the most glamorous part of litigation, document requests are a key method for obtaining winning evidence. This CLE covers writing and responding to document requests during the discovery phase of a lawsuit. Participants will learn practical tips they can implement in their own practices to draft effective document requests and think strategically when objecting and responding to document requests served on their clients. Participants will also gain insight into negotiating the scope of document requests and preparing for motion practice along the way, in case those negotiations break down.

Have you ever thought about what is stored in your mobile phone, smartwatch, or laptop when you travel, and who can access that information? This course will address the current state of the law governing searches of international travelers’ electronic devices at the U.S. border. The course will then discuss the changing legal landscape in light of technological advancements in the amount of digital data that people carry with them when they travel.

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.