Indiana 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.

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.

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.

Patent Law is a very complex and specialized area of the law. Regardless of whether the attorney is simply searching for existing patents for a client, applying for a patent, or litigating in a patent-infringement case, the attorney will encounter aspects of the law and specific requirements that are not found in any other area of the law. In this introduction to Patent Law, we cover some of the basic aspects of each of those tasks: searching for patents, applying for patents, and engaging in patent litigation. We also address two lesser known patent-related subject matters—Patent Misuse and Joint Inventorship—and analyze two recent federal district court cases that focus on the topics.

Defamation Law has its origins in church doctrine and has undergone various significant changes over the last nearly 1,000 years. Because the action in the United States is based on state law, the elements one will need to prove may differ depending on the jurisdiction. In this Overview of Defamation Law, attorneys he presentation discusses both recent articles and cases addressing various aspects of a Defamation claim, including jurisdiction, venue, the requisite elements, and what is need to have success at summary judgment.

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 one-hour program discusses the science of resilience, patience and gratitude and offers practical skills and exercises to incorporate these practices into our daily life. We focus on the impact of stress on the mind and body, and how the pandemic is adding to stress to an already overly stressed profession. The objective of this course is to provide tools to approach setting expectations given the current environment of uncertainly.

In this course you will learn the basics of construction contracts and key terms that are often included agreements. We will address key payment provisions that should be carefully considered and evaluated in contracts as well as dispute resolution options and how to best draft them to suit individual needs. We will also cover the types of key disclosures to make in construction contracts to stay in compliance with state regulations.

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.

Cyber security issues across numerous industries have been hard to miss in recent years and law firms are no exception. In this introductory discussion, we’ll talk about the basics of cyber security as it pertains to law firms. Along the way, we’ll discuss the wide array of threats to law firm and client data, electronic scams, tricks and the consequences that can come with them, as well as the steps to take in order to prepare for the next inevitable attack.

From graduation day of law school to the retirement party, no lawyer can avoid encountering the "Rambo"-type lawyer who, both in litigation and out, uses aggressive and oftentimes unethical behavior to advance their client's cause. Are these types of dirty-tactic attorneys unavoidable? Can they be sympathized with, effectively battled, or at least partially understood? In this seminar, we approach all those goals in the entertaining format of positing a look at them through A Natural History of the North American Silver-Tongued Rambo Litigator (Rambus litigatus), and we closely examine their cultural and jurisprudential origins; their "anatomy and physiology"; their development, range, and distribution; tool use; fighting behaviors; and finally ponder some proposals for their potential conservation or extinction.

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).

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.

This course surveys federal law as it relates to people with disabilities—specifically, you will learn about the protections provided to disabled persons under the Americans with Disabilities Act (ADA). This CLE course is the first of a two-part series. The primary focus of Part I is to provide an overview of the ADA’s non-discrimination provisions as they apply to employers, government entities, and public accommodations. Then, the focus of Part I will be on employment discrimination under Title I of the ADA. The course will provide attorneys with a working knowledge of Title I to better represent clients who face employment discrimination on the basis of disability.

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.

Young and old attorneys can always learn something about Trademark Law. In this introduction to Trademarks, attorneys learn the basics of Trademark Law from prosecution of a Trademark to obtain one through litigation when a Trademark is infringed. The presentation is broken down into three sections. First, the results of an interview with a Trademark Examiner from the United States Patent and Trademark Office about her prosecution pet peeves is addressed. Second, the basics of Trademarks is presented. Third, a sample case on Trademark infringement is thoroughly analyzed and discussed.

In this course, we will learn why lawyers experience greater overall rates of substance use and mental health issues than the general public. We will review how lawyers have been faring during the pandemic (using survey results), as well as best practices for improving lawyer well-being within an organization. Finally, this course will discuss the neuroscience of pleasure and provide tools for increasing pleasure in our lives. All of these lessons are tied to lawyers’ ethical duty to maintain well-being.

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 60 minute course discusses a variety of Mediation Strategies from selection to preparing for and conducting the mediation. This course will provide an in-depth discussion of the mediation process in order to provide a better understanding for the effective use of mediation as a tool.

The Biden Administration’s proposed budget for the Occupational Safety and Health Administration (“OSHA”) seeks, among other things, funding to hire significantly more OSHA inspectors in 2022 and beyond.  As businesses brace for aggressive enforcement in the coming years, this program is designed to help attorneys assist their clients through an OSHA investigation.  You will hear from a former OSHA trial attorney while he reviews the investigation process from the opening conference through the issuance of citations.  The program further addresses considerations attorneys need to be thinking about when advising clients on whether to settle or litigate OSHA citations.  Often these important considerations include how OSHA citations will affect third party claims which may present significantly more liability than the OSHA penalties themselves.  Moreover, the program discusses best practices during the investigation process and settlement strategies to achieve client objectives while minimizing risk of future repeat or willful violations. 

At two years into the pandemic, remote work is still a fact of life for many employers and employees, and cyber threats continue to rise. What are the challenges in ensuring that employers’ privacy and security policies are compliant and effective in these circumstances? This program will review regulators’ current best practices and provide tools to help lawyers advise their clients on the cybersecurity and data privacy rules and principles essential in remote work environments.

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.

Special care is needed when working with clients in trauma, both to support them and to protect yourself. This session covers the ways to prevent secondary trauma and compassion fatigue when working with clients in trauma, including how to maintain your equilibrium while hearing stories of trauma and tips on self-care during the interview and afterward. We will define the serious consequences that may arise for practitioners working with those in trauma and outline a well-being approach to prevent burnout, secondary traumatic stress, and vicarious trauma. This program will benefit practitioners who work with clients in trauma, including those in criminal law, family law, immigration law, employment law, and all those whose work, including pro bono work, touches on issues of trauma.

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.

Seniors and other vulnerable clients are susceptible to financial exploitation at alarming rates. Regulators estimate that billions of dollars are lost each year as a result of such exploitation, and given the aging of the investing population, that population's unique vulnerabilities, and their substantial wealth, stakeholders can expect this trend to continue to grow. This program will outline this problem and review best practices to protect senior and vulnerable clients from exploitation and fraud.

This program will briefly discuss the purpose of the IDEA and the standard for individualized education programs (IEPs), and will discuss more in-depth the sections of IEPs and what they should entail. This program will also cover evaluations, and what districts are required to do, as well as parent’s rights. The program will be New York based, but New York’s regulations strongly mirror federal law, and differences will be noted. It will also cover updates in special education law, including the COVID pandemic and its impact. This program will benefit new attorneys to the special education field, and attorneys who are seeking to better understand what an IEP is, how it is created, and what it is based on in order to be appropriate.

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.

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.

In a legal system where not everybody speaks English, court interpreters are crucial to overcome language barriers. This one-hour presentation is designed to provide attorneys with valuable information that will benefit their work with court interpreters during legal proceedings.

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.

How is the United States going to meet its carbon emissions and renewable energy goals? The answer, friends, is blowin’ in the wind – offshore wind. In this introduction to offshore wind permitting and development, we will review the global and national history of offshore wind and describe the immense potential for offshore wind to contribute to the United States’ clean energy transition. We then will provide an overview of the players and layers of approvals required for an offshore wind project, and describe how state and federal momentum has aligned under the Biden-Harris Administration to advance the development of the offshore wind industry in the U.S. Finally, we will talk about what we expect to see as the U.S. offshore wind industry develops over the next few years.

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 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.