Montana bundle

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.

Nonparty discovery in domestic arbitration proceedings is an often misunderstood and overlooked aspect of case planning, management, and administration. As more domestic disputes are compelled to arbitration, either through company-sponsored programs in the employment and consumer context or through increased incorporation of contractual arbitration provisions in the commercial context, both advocates and neutrals need to understand how to properly address nonparty discovery in arbitration, which stands in stark contrast to similar processes in court litigation. With over 20 years of experience as a commercial and intellectual property litigator, coupled with over 10 years of experience as an arbitrator and mediator, Theo Cheng will explain the differences, provide an update on the legal landscape, offer practical tips, and share best practices to master this challenging aspect of arbitration proceedings.

This course examines legal analyses of data privacy and cybersecurity incidents from a response perspective. The course will spotlight three primary components of the incident response lifecycle: (1) investigation and verification of a breach; (2) breach notification; and (3) post-breach remediation. With a focus on state data breach notification statutes, the course explores core questions involving events impacting protected information. This course will also consider what happens when a “breach” is declared, including breach notification to impacted individuals. Finally, the course explores common avenues organizations may consider to prevent a breach from happening again in the future, including the development and implementation of cybersecurity training and awareness programs.

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.

To increase sales as well as goodwill, many companies like to partner with charitable organizations to market their products. One common marketing plan is the commercial co-venture, which involves advertising that the company will donate a portion of sales to a charity. This highly-regulated area of law has numerous requirements, from contractual and advertising obligations to registration and bonding. In this program, you will learn best practices for running successful charitable marketing campaigns, as well as the difference between commercial co-ventures and other cause marketing efforts. You will also learn about applicable state laws and how to problem solve for compliance issues in commercial co-venture campaigns.

It is not uncommon for lawyers to be asked to serve on board of directors of the nonprofit organizations in their communities. The issues that arise for lawyers serving on such boards are different than non-lawyers’ service. This program reviews the fiduciary duties imposed on directors of nonprofit organizations as well as the ethical issues that can arise when a lawyer is serving as only a board member and as both a board member and counsel to the organization. There is also discussion regarding protections available for a lawyer/director as well as considerations when deciding on whether to join a nonprofit board.

Perhaps the most fundamental issue for the introduction of evidence at a hearing or trial is properly laying an evidentiary foundation. Substantive evidence is not admitted unless a foundation is first laid. Foundation includes showing the witness has the necessary knowledge to testify about an event or matter, whether the witness is a fact witness or an expert, and that physical evidence is what a party purports it to be. Notwithstanding the fact that every trial lawyer should know how to lay a foundation, the reported cases show that trial lawyers are unable to introduce necessary evidence to establish a claim. This presentation will assist the younger attorney in understanding foundation and the use of the rules for getting evidence admitted. More advanced attorneys will also benefit from review of the rules and pertinent caselaw.

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.

Many legal consumers are only familiar with traditional, full-scope legal representation. However, this is not practical or affordable for many, and perhaps even most, Americans. This leads many to decide to “go it alone” and represent themselves. However, some representation is almost always better than no representation at all. Offering flexible representation, also called unbundled, limited scope, or à la carte services, allows you to connect with legal consumers who may otherwise feel priced out of the legal market. During this hour long seminar, we will address what precisely “unbundled” and limited scope services are (and are not) and what benefits can be achieved not only to the consumer but also to you as an attorney in offering these options. We will also provide you with resources, from the relevant ethical rules to tips on how to identify appropriate candidates for unbundled or limited scope services.

As companies look to seize opportunities for growth in 2022, many are facing uncertainty in the broader business environment and on their own balance sheets. Whether a company is thriving or struggling, litigation finance may be a financial solution to transform liabilities into assets, helping businesses and law firms monetize legal claims for working capital or other purposes. Litigators, in-house counsel, C-level executives, and law firm managers might all benefit from understanding how this tool may help their own or their client’s business better manage risk and maximize growth, even while managing active litigation.

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.

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.

This course we will discuss key factors in cybersecurity threats and prevention. Kamran Salour, Co-Chair of the Data Privacy & Cybersecurity Practice at Lewis Brisbois, walk through what a breach is, steps that can be taken to prevent a breach, and steps to be taken that can minimize the impact of a breach should one occur. This course will discuss the importance of encrypting personal information, avoiding common entry points, and securing the network. Additionally, course will also explore the necessity for cyber insurance, understanding data mapping and having off-network storage options.

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.

In this program, Heath Cheek looks at the hit TV show, Ted Lasso, the
story of a Kansas college football coach who becomes a Premier League
“football” (soccer) coach in London. Heath will show how Ted’s lessons
can help litigators, in-house counsel, transactional lawyers, and others
improve their practice by using positivity, kindness, warmth, and humor
(attributes not always associated with lawyers). Viewers of this course
will learn how to improve their communication and relationships with
clients, colleagues, and opposing counsel, as well as how to recover
from mistakes with grace.

The most important deposition in any case is your client’s deposition – the deposition you will never take. If we start with the premise that our client’s deposition is crucial, how do we ensure it goes smoothly? What steps do we take to prepare our client to give the best deposition testimony they can possibly give? This program will provide attorneys with a pathway to success when preparing there client for deposition. We will take a deep dive into the essential conversations you must have with your client when preparing them for deposition and best practices for excelling at deposition.

Have you ever been depressed? How do you know when it’s more than just a temporary mood? Research shows that lawyers face unique challenges that can lead to depression. It can be hard to tell when it’s time to get help, and many lawyers are afraid of professional stigmatization if they seek help. Discover the symptoms of depression and learn how to effectively navigate professional pitfalls that can interfere with your ability to practice law optimally. This course offers practical strategies that can empower and equip you to identify and ease symptoms of depression.

I once heard that the legal profession is like a pie-eating contest where the prize is more pie. As lawyers, the more work that you get done, the more pie, or work, that you are assigned. If young lawyers do not learn how to manage their time and case load effectively, this can be a source of stress, anxiety, and overwhelm throughout their entire careers. This presentation discusses what time management is, why lawyers should care about time management and discusses various methods and techniques lawyers can use to get organized. This course will discuss why multi-tasking is not effective, why procrastination seems so satisfying in the moment, and how to break the habit loops that can keep lawyers stuck. By the end of this presentation, the participants will have several tools to utilize to become more productive and manage their legal practice and lives more effectively.

Whether it is the Yorkshire terrier in the carrier on the airplane or the emotional support rat on the shopper’s shoulder in the grocery store, one encounters people insisting on and resisting about the use of animals to assist them with a variety of activities in the world. What are the allowable options in that regard? What does the law permit, what does the law prohibit, and what does the law simply not pay attention to at all when it comes to the service animal, the assistance animal, or the emotional support animal in a public setting. This seminar examines both the sense and the nonsense of not just the players involved but the rules that are imposed on those players – which can include not simply the animal owner but the merchant, bystander, government agent, and affected consumer as well. We do so by ferreting out the scope of regulations across jurisdictions, by specifying the questions that can and cannot be asked of certain participants, and by trying to glean what rationalizations lay behind protections and penalties in the use and abuse of dogs, cats, rabbits, horses and other animals in the service of people.

New York’s recently enacted Real Property Actions and Proceedings Law (“RPAPL”) § 1302-a effectively eliminates waiver of the standing defense in a home loan foreclosure action. This exposes foreclosing lenders to assaults on their foreclosure actions for elusive durations and raises questions as to the marketability and insurability of titles devolving through foreclosures. This course will cover how foreclosures are affected by RPAPL and similar statutes in other states.