Vermont bundle (2024)

Have you ever wondered how opposing counsel and experts view the same event? In 2017, a major nor’easter brought accumulating snow to much of the mid-Atlantic and Northeast. As a result of this storm, numerous slip and fall injuries on snow and ice created ongoing litigation. In this CLE course, a plaintiff’s attorney, a defense attorney, and an expert meteorologist will walk you through a hypothetical slip and fall case from their unique perspectives.

First, we will discuss the chronology of meteorological events that created the hazardous situation. Next, a plaintiff’s attorney will present their perspective, with a focus on when and how to retain and use a meteorologist expert. Lastly, the case will be presented from the perspective of the defense attorney, with a similar focus on the role of the meteorologist in slip and fall litigation.

In this program, attorneys will learn how to prevent their firm from being used as a tool for money laundering and how to recognize the risks associated with specific types of transactions. We will take a deep dive into what constitutes money laundering, how to best protect attorney trust accounts, and how lawyers can be guided by the American Bar Association’s (ABA) Good Practices for Lawyers to Detect and Combat Money Laundering.

Artificial Intelligence (AI) is has unquestionably penetrated into the practice of law. In today’s hands-on course, attorneys will experience a detailed demonstration of what AI can do and how its use can be relevant to the practice of law. While AI can function as an aid to attorneys, there are limitations to AI that must be recognized. This course will help attorneys understand how to carefully use AI in their practice.

In this program, Sean Smith will discuss how to avoid unforeseen consequences from using unnecessary and misunderstood boilerplate terms when drafting contracts. The clauses in a contract added from boilerplate language are often overlooked and infrequently negotiated. We will review the most common types of boilerplate clauses and what to consider when determining whether to use them in your clients’ contracts.

Plaintiffs’ lawyers now need to write more than ever – but they are faced with busy judges and need to compete with other litigants for the Court’s time. Join professional brief writer Jonathan Hilton as he explains how to fashion documents judges will look forward to reading. He explains his top ten tips: Five on how to help the judge spot your best arguments in less time, and five on how to make your clients more likable—and your clients’ stories more compelling. We round out the hour by looking at resources that will help you become a better brief writer moving forward.

Many litigators joke that they “hate math” and chose law to avoid it. But in fact, data, and the use of analysis to process and present data, is critical to modern litigation. Data allows attorneys to scale up from individual to societal in scope, to claims encompassing entire financial markets and public-health epidemics. This new and insightful course explains why data is important and how to use it effectively in litigation. While class is a must for seasoned litigators who handle matters involving data sets for proving their case, others may find the topic of interest.

Using examples from his personal experience of using data in litigation involving securities, antitrust, and litigation finance, our experienced and knowledgeable presenter will discuss how the data were used, how courts judged the data, and the outcome of those cases. This course includes practical recommendations for using data in working up cases, drafting pleadings, proving a case in discovery, and presenting data at trial.

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.

Drafting a trust can seem overwhelming. This course will help you navigate what kind of trust you will need as part of a Will or Revocable Trust and discuss key provisions that can be included. We will focus on practical drafting advice in order to ensure that attorneys have the tools necessary for success.

In this course, attorney Nate Osborn, will provide a detailed overview of the essential aspects of drafting real estate operating agreements. This course will take attorneys through the steps of drafting real estate operating agreements and help them understand the related legal considerations involved. Attorneys should walk away from this course with a practical understanding of how to best advise clients who want to form a real estate LLC.

It’s been estimated that almost half of our daily thoughts are automatic. Thinking like a lawyer is a skill developed in law school and honed throughout our years of practice. From issue spotting to analysis, we are well trained in the assessment of worst-case scenarios. We are paid to assist our clients in the artful management of potential pitfalls.

These cognitive patterns make us more effective in our common daily tasks but can come at a cost. In a profession that rewards skilled pessimism, such thought patterns can prove to be toxic. In this presentation, review practical examples and learn how to navigate automatic, negative thoughts and cognitive distortions to help you achieve professional and personal balance.

This course is designed as a basic course for counsel with limited knowledge of franchise law and will introduce the basic legal considerations in franchising, whether you are representing a franchisor or a franchisee. We will cover the legal definition of a franchise and review the federal and state laws governing the franchise relationship. We will also explore where to find information regarding franchise brands, the dangers of becoming an accidental franchise, and some other legal considerations, beyond contract law, to keep in mind when representing the franchisor or the franchisee.

Contracting with the Federal Government is not like a business deal between two companies or a contract between a consumer and a commercial contractor. Thus, advising a Government contractor is not like advising another business client. This course will explore those differences. Among other topics, we will discuss the unique rights that the Government gives itself, what a contractor needs to know to protect itself, and what the risks are for a contractor that does not understand its legal obligations.

ABA Model Rule of Professional Conduct 8.3 and its many state counterparts require lawyers to inform the appropriate professional authority once a lawyer "knows" another lawyer has engaged in certain professional misconduct. The duty or opportunity to "know" of such violations can vary depending on the relationship between the lawyers in question. This program will consider the provisions of Model Rule 8.3 and an attorney’s obligations to report another attorney or judge to the appropriate disciplinary authority. We will discuss when specific reporting is triggered, the consequences of acting or failing to act, and best practices for taking effective action.

Judges are granting more motions to dismiss—and getting past the starting gate is tougher than it was in past decades. Making matters worse, by the time you respond, the judge has already heard the defendant’s side of the story and may feel ready to dismiss your case. How can you make a comeback and ensure your case proceeds to discovery? Join professional brief writer Jonathan Hilton as he shares ten tips you can put into practice right away in opposing these common motions.

This course will help you learn to effectively manage difficult defense attorneys. Seasoned trial attorney Mike Brusca uses lessons learned from years of practice, basic child psychology, and solid communication principles to help you create natural consequences and strategies to navigate difficult interactions at all stages of litigation and depositions.

Americans owe more than $1.75 trillion in student loan debt. The Supreme Court struck down the Biden Administration’s student loan relief plan on June 30, 2023. With repayments set to resume in a few short months, millions of student loan borrowers will be seeking legal advice about their options.This course will cover trending topics in student debt relief including the Biden Administration’s new actions to provide debt relief for student loan borrowers. Designed for consumer and debt relief attorneys, the program will explore repayment options, loan forgiveness programs and new guidelines on the discharge of student loan debt in bankruptcy.

Attorney Aaron Solomon and MBA and chaplain Meredith Parfet discuss the critical role of storytelling in communications, whether as a persuasive tool for lawyers, or as a component of crisis management for their clients. This course covers the cultural and cognitive role that storytelling plays, as well as ways it has been incorporated into legal pleadings, its excision from complaints under the Federal Rules, and its slow return. It then addresses the centrality of storytelling for clients, including such issues as the importance of controlling a public narrative, communicating with friends and family, and the danger of trying to stay totally silent. It presents concrete tools for finding and telling a story, such as a message map, stakeholder analysis, and message funnel. Finally, the course includes a case study of a high profile employment discrimination case and the role effective storytelling played in the outcome.

Understanding the nuances of gender, gender identity, gender pronouns, neopronouns, sex, and sexual orientation can be challenging. During this session, the facilitators will provide basic definitions of various terms in the LGBTQIAP+ acronym while providing insights on how to use gender-inclusive language and how to create an LGBTQIAP+ friendly environment for employees and clients alike. This session is for allies, those new to DEI work, or anyone who desires to create safer spaces and safer language for humanity.

This program will provide a general overview of Private Credit for attorneys who hope to gain a better understanding of this popular asset class. Attorney Gabriel Yomi Dabiri, Co-Leader of Polsinelli's Private Debt and Cross Border Finance team, will take a deep dive into the recent rise of Private Credit, what characteristics differentiate Private Credit, and the state of the Private Credit market. This program will also discuss the chronology of Private Credit deals and attempt to forecast the future of the Private Credit market.

This course is an introduction to the basics of trademark and copyright protection for businesses. It will provide attorneys with the information they need to advise clients on what types of protection may be appropriate for their businesses. We will discuss different types of trademarks, the differences between state trademark applications vs. federal applications, the federal application process, and some best practices for counseling clients. We will also briefly discuss copyright protection and copyright notice requirements.

In this course, attorney Michael Overly of Foley & Lardner LLP, will provide an overview of cybersecurity risk and response. This course will explore the ethical implications of attorney duties in regards to data breaches, virtual practice, and competence in the use of technology. when We will discusses the sources of cyber risk and how to manage them, including the human factor involved as both the greatest risk and first line of defense. Finally, this course will review the basics of developing a cybersecurity program.

Generative AI tools such as ChatGPT have the potential to transform industries ranging from healthcare to finance and everything in between. But they also come with risks that could harm your clients’ business interests or expose your clients to liability. It is important for attorneys to educate themselves about this new technology to properly advise their clients on how to use it to their benefit while navigating around the legal landmines. This presentation will provide an overview of the benefits and risks of generative AI and the legal implications of generative AI across several areas of the law to enable you to confidently advise your clients about this transformative technology.

This one-hour course will provide attendees with a solid foundation for producing compelling written argument for oral argument that is backed by solid research. The course will also provide tips and tricks for producing clear and concise briefs and avoiding common pitfalls that often lead to losing a motion before setting foot in the courtroom.