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This webinar lays out the elements of arbitration and compares the major provisions between court proceedings and the arbitration process. The regular people on the street often believe that court proceedings provide them with their day in court. However, arbitration may provide an easier and less expensive process to vindicate their rights and receive a decision. The arbitration process has evolved in the last twenty years to ensure that parties with disputes are provided due process rights but has this made the process litigation light? The benefits and drawbacks between court proceedings and arbitration will be discussed at length.

This course will survey adult guardianship proceedings in New York State under Mental Hygiene Law Article 81. Adult guardianship is a unique and exciting area of law, both substantively and procedurally. This course will explore the civil rights component of adult guardianship, the parties to an adult guardianship proceeding, how these proceedings are commenced, appointment of the guardian, the role of the guardian, and discharge. The course will provide a broad understanding of adult guardianship pursuant to MHL Art. 81 for practitioners new to this field of law. The course will also touch upon the basic differences between adult guardianship under MHL Art. 81 and Surrogate’s Court Procedure Act Article 17-A.

The program will cover the amendments by the Marijuana Regulation and Taxation Act (“MRTA”) to the New York Labor Law. Specifically, the program will discuss how the amendments impact employment policies such as hiring, firing, discipline, and drug screening, and pitfalls that employers may fall into in light of the new legislation. The program will also discuss open and unresolved questions by the law and how to carefully navigate around the unresolved questions. Additionally, the program will discuss what types of policies employers can set and what to include or exclude when preparing these policies. Additionally, the program will discuss what could be on the horizon with respect to further clarification from New York and possible litigation.

This presentation will address two different topics that might be more related than you think at first. Mistakes in the practice of law are both inevitable and avoidable, and when they occur they trigger a variety of ethical issues and obligations for the lawyers involved. When they happen in the course of representing clients for whom it was a mistake to agree to be their lawyer in the first place, they can be doubly unpleasant. So, in addition to addressing ethical obligations brought about by mistakes, this course will also discuss ways that lawyers can try to avoid taking on “unworthy” clients in the first place.

In 2022, health care enforcement remains a focus of federal law enforcement agencies. Over the last few years, the DOJ brought a record-number of prosecutions related to health care fraud and anti-kickback violations, particularly in the realms of telemedicine and laboratory testing services. Perhaps unsurprisingly, prosecutors have also targeted fraud and other criminal schemes related to the COVID-19 pandemic since 2020. Such investigations and prosecutions can make the acceptance of funds from federal payers (e.g., Medicare, Medicaid) fraught with risk for providers and related entities. In this presentation, we’ll discuss the key issues and claims on which federal prosecutors, often aided by agents from the U.S. Department of Health and Human Services, have focused in recent investigations and prosecutions.

In this course, you will learn all about the protections provided to disabled persons under the Americans with Disabilities Act (ADA) and other laws as they relate to discrimination in the education context. We will focus on both Title II, which covers public entities, and Title III, which covers private entities. The course will provide attorneys with a basic working knowledge of the ADA to better represent their clients who face education-related discrimination.

To help opposing parties resolve conflicts in the quickest and most effective way possible, mediators must be prepared to deal with a number of differing perspectives, personalities, and negotiation styles. In this informative and instructive course, experienced mediator and attorney Simeon Baum provides a detailed overview of the role of the mediator and the basic stages of mediation. Focusing on the Fisher/Ury Model of Cooperative Negotiation, Mr. Baum furnishes guidance on effective communication, active listening, how to deal with emotional triggers, and what mediation practices to avoid. Mr. Baum also discusses the art of giving and getting information as well as how mediators can help attorneys determine whether and when to settle, walk away, or prepare for an expensive and time-consuming trial. After viewing this course, attorneys will be equipped with the essential skills to guide their clients through a mediation as well as those needed to become a successful mediator.

Whether its climate change, diversity on corporate boards, shareholders valuing more than financial returns or the integration of ESG factors in the investment process, ESG is shifting the paradigm in today’s business world. This course will examine what ESG really means, the forces driving the discussion, the issues gaining momentum, and the extent to which ESG is shaping corporate accountability. In addition to providing an overview of the ESG framework, the course will examine the key players driving the ESG dialogue as well as the the role of shareholder advocacy and employee activism. In addition, it will evaluate ESG’s impact in the boardroom and on corporate governance. Highlighted throughout the course will be legislative initiatives and the extent to which regulatory scrutiny by the Securities Exchange Commission is impacting issues ranging from climate related risk disclosures to investment and portfolio management.

Managed properly, the Family and Medical Leave Act (FMLA) can assist employers and employees alike with respect to providing predictability and with handling the issues that arise when employees are on leave. But there are traps along the way, and Human Resources Departments and employment lawyers must be mindful of how to identify and avoid these traps. This intermediate-level class is for practitioners who have a working knowledge of the FMLA and now want to understand tactics and strategies, as well as best practices, so that they can avoid violating the law.

What is the Metaverse? This 60 minute program will discuss what is the Metaverse and dissect general legal principles as the law intersects with behavior in the Meters. We will examine how intellectual property intersects with the Metaverse, including general copyright, trademark, and right of publicity issues, as well as exploring sex law implications and criminal law issues.

Blockchain technology and cryptocurrencies present many complicated legal issues and attorneys need to be aware of these issues to provide competent legal representation. In addition, blockchain technology and cryptocurrencies are creating a new area of law that presents an excellent opportunity for attorneys looking to expand their practice or to be seen as a legal thought leader in their organization.

With the acceleration of the globalization of business over the last 20 years, alliances between companies have become commonplace. These alliances can be from different parts of the world or different ends of a supply chain. Whatever the duration and objectives of business alliances, being able to identify and execute alliance opportunities are keys to remaining competitive in the global economy.

Do lawyers give up some of their First Amendment free speech rights when they are sworn into the bar? This course will enlighten lawyers who have been confused about what they can and can’t say publicly while complying with legal ethics rules. We will use real cases and the ABA Model Rules of Professional Conduct to explore where the line is with respect to lawyer advertising, trial publicity, statements to the media, political speech in the courtroom, criticism of judges, and more.

A quiet revolution is afoot. With every passing year, the legal world becomes increasingly dependent on technology. Changes have been coming for decades: computers have replaced typewriters; electronic filing has replaced hand‑delivery; and trial presentation software has replaced exhibit binders. Utilizing technology can improve your legal writing. This presentation introduces you to one easy-to-use tool that will help improve your legal writing and editing.

The changing reproductive health landscape has created confusion and fear among individuals identifying as female as to the privacy and security of their sensitive health data. Following the Dobbs decision, many women have abandoned their period tracking and female health technology (femtech) apps out of fear that their health data could be used to prosecute them for an abortion-related crime. This presentation (i) provides an overview of the shifting reproductive health landscape and privacy laws applicable to healthcare providers and femtech companies, (ii) describes how reproductive health data may be accessed and used by law enforcement officers, and (iii) provides suggestions for practical steps that femtech companies and healthcare providers can take now to help the women’s health industry regain consumer trust.

This one hour presentation will highlight some of the legal issues arising out of the use of social media both in the workplace and off duty. We will consider the various considerations affecting both employers and attorneys when monitoring and reviewing social media activity. Attorneys who take this course will be better able to identify some of the many legal risks related to the use of social media and will be better able to mitigate those risks.

This course is an advanced review of the legal ethics issues raised by litigation finance and how these have been resolved. We will cover ABA Model Rules, court decisions, bar opinions, and state rules (where appropriate) involving the following topics: attorney competence, scope of authority & control, communicating with the client, fee sharing, disclosure, privilege & confidentiality, and conflicts of interest. Attendees will leave this lecture with substantive knowledge of the ways litigation finance has developed without contravening attorney ethical rules.

Depositions are an aspect of litigation that is fraught with ethical peril. There is little ability by the opposing party to regulate the preparation of the deponent, because the opposing party is not present. Unless the parties invite court intervention, no judge is present during the deposition itself to police the way the deposition is defended and taken. The format of online depositions present additional challenges. In this course we’ll discuss ethical traps for the unwary in the context of a realistic hypothetical employment discrimination case where online depositions are occurring

For more than 30 years, the win-loss record for tribal interests at the United State Supreme Court was dismal. Between 2018 and 2022, however, tribal interests were on a remarkable winning streak. But what is the continuing outlook for tribal interests at the Supreme Court? This program will analyze the three cases decided by the Supreme Court in June 2022 and consider what they might portend for the future. The program will benefit tribal attorneys, practitioners of federal Indian law, and other attorneys who wish to learn more about federal Indian law.

Many times, clients come to lawyers and firms looking for advice in the fields of copyright and trademark. This course hopes to help familiarize practitioners with some common issues and terminology in those fields so they can at least be somewhat conversant with their clients on the topics. Will this course turn you immediately into an IP lawyer? No, but it will allow you to learn how to handle basic IP issues like registering a copyright or trademark. It will also allow viewers to learn about common issues that could help guide clients in the right direction. After watching the course, practitioners will also be able to steer clients to websites and sources that can address many of the issues new businesses or entrepreneurs need to understand the issues involved. Finally, it will provide viewers with basic knowledge about the differences between copyright and trademark and what goals each of those devices serve.

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.

Abelism is defined as prejudice against people who are perceived to be disabled. It consists of bias in favor people who are perceived as being typically able and it often denies or fails to recognize the unique super-capabilities of the differently-abled. How can we rid ourselves of stereotypes regarding the lesser value and or lesser capabilities of people who are not typically abled? How do we create an environment where differently-abled people are fully respected, fully valued, fully appreciated, and fully supportive? This session will answer these questions with compassion and humor.

This presentation will discuss the causes of the current supply chain logjams, put them into historical context, and discuss some of the ways forward to help attendees better deal with supply chain partners, solve problems expeditiously, and be knowledgeable about commercial rights and responsibilities.

Working from home is particularly complicated for lawyers. While we navigate many of the same difficulties as other professionals, such as managing staff remotely and maintaining privacy, we are also subject to professional rules guiding nearly every aspect of our communications. How do we ensure that that clients can be completely open and honest about their legal situation and prevent disclosure of communications related to legal advice when we are outside of our office? Which communications and interactions do we need to be concerned about while working from home or from other unusual or awkward settings? And how can we ensure other attorneys and staff are they meeting these requirements when working from different locations? This course will survey the main issues related to communicating with both clients and staff in a work from home environment. It will also introduce you to practices that will reduce your liability and protect your peace of mind.