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Trade Secret Law is rather atypical among legal causes of action, including particularly intellectual property claims. In particular, depending on whether the claim is brought based on the law of a specific state—for example, Utah, Texas, or Wisconsin—or whether the claim is brought based on federal law, the elements one will need to prove may differ. In this introduction to Trade Secret Law, attorneys learn the basics of Trade Secret Law. The presentation is broken down into four sections—one for each possible element needed to be proven to prevail on a Trade Secret claim. In addition, a sample case addressing each element of the identified Trade Secret claim is thoroughly analyzed and discussed.

Have you ever wondered which laws and rules govern space activity? This course will provide an overview of the different ways that international, national, and state authorities regulate space travel and exploration, basic terminology, and jurisdiction. It will also cover licensing procedures for commercial space travel.

During the COVID-19 pandemic, many lawyers began working remotely from home every day. How do the ethics rules apply to long-term remote or “hybrid” practice? In this course, we will explore some of the rules of professional responsibility implicated by long-term remote and hybrid practice—including the rules of confidentiality, communication, supervision, and competence—and offer practical tips for ethical compliance. We will end with a discussion of the rules on unauthorized practice of law and the ethics opinions offering guidance to lawyers who may be living and working remotely from a state in which they are not admitted to practice.

This program is designed to help attorneys understand the role of medical reports in litigation. We will take a deep dive into the benefits of understanding medical records, how to increase your vocabulary of “medical jargon" as an attorney, and explore the relationship between facts and the medical reports.

The best advocates understand that they will convince arbitrator(s) to rule in their favor with a compelling story that is supported by witness testimony and documents. Critical to success is telling the arbitrator what you want them to do and how your arbitration story supports this action. This course will provide lawyers with strategies and tactics to develop a theme for a compelling arbitration story that is delivered through witness testimony and documents after careful planning.

This course offers an in-depth survey of the current state of the major topics in animal law and provides participants with the key principles, rules, and regulations – as developed by common law and from statute – affecting animals. Styled as a cinematic presentation, the course examines animal-related laws via their philosophical, scientific, and practical underpinnings, and from a variety of differing perspectives, exploring how the courts have treated animals in the past and will likely treat them in the future, locally and nationally. From the foundational (How are animals defined? Do animals have rights? Why are animals properties?) to the pragmatic (What procedural obstacles might confront claims made on behalf of animals? What substantive constraints might prosecuting an animal abuse case entail?).

Networking and client outreach are key at many points in a legal career, from strengthening current client relationships to getting jobs to building your professional community. Yet many lawyers shy away from networking or worry about running afoul of ethical rules when talking to prospective clients. This CLE addresses key professional rules lawyers should follow when engaging in practice management activities and walks participants through the creation of a personalized plan designed to help them communicate with current and prospective clients in an effective and ethical way.

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. 

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.

This presentation will cover do’s and don’t’s for settlement of individual employment cases. While some tax issues will be covered, the audience should understand that Mr. Fitzpatrick is not a tax lawyer and will not be providing tax advice. Among the issues covered will be no rehire clauses; non-disparagement clauses; scope of release; confidentiality; term sheets; ethical issues; effective date; and many others. The purpose of this presentation is to identify the controversial clauses so that the audience appreciate the debate that often focuses on these clauses.

Since the late 1980’s with the US Supreme Court’s landmark decision in Basic Inc. v. Levinson, in securities class actions, plaintiffs have been able to rely on the “fraud-on-the market” presumption of reliance at class certification. In recent years, the validity of that presumption and its evidentiary burdens at the class certification stage have been repeatedly questioned, leading to a “battle of the experts” to determine whether a class should be certified. This course examines the evolution of the fraud-on-the-market presumption and its uses at class certification and then delves into  expert’s role in securities class actions at the class certification stage.

Generally Board Committees are delegated to undertake internal investigations when the issues are important to the company , complex, and need to be done by sophisticated people who have no personal stake in the outcome. Other investigations can be undertaken by employees in the legal function or the human resources department. Such investigations may be very important to the organization but lack the need to be done by individuals who have no need to satisfy internal corporate pressures on their decision making. However, given the hierarchical structure of most companies, where an investigation must actually be free of influences from within the company there is a need for truly independent investigators. This can often only be achieved by having critical investigations be under the supervision of the Board or a Board committee such as the audit committee, a risk committee or a special committee appointed by the Board to run the investigation. The key notion to understand is the great importance of their being no conflicts of interest and independence of the investigation so that its work is above reproach and not conflicted. This course will teach among other things, when a board committee investigation is called for, how it should be populated, how to preserve attorney client privilege and how the committee should bring its findings back to the full board.

This course discusses the rules surrounding audio recordings, the wiretap act and video and audio surveillance. The course details the basic statutory and common law rules regarding private party surveillance and how that applies to civil litigation.<br>

The pandemic forced lawyers and clients to use virtual platforms to resolve their legal disputes. Although courts and ADR Provider Organizations are opening their facilities for arbitration proceedings on location; lawyers, their clients, and arbitrators are finding ways to leverage the benefits of a virtual technology into their case presentations. This course will provide lawyers with strategies and tactics to optimize the integration of a virtual platform into their cases so their message is persuasive and cohesive. The course covers the use of technology and the substantive as well as procedural issues that must be covered.

Reopening physical workspaces will require both employers and employees to confront new realities and to address both physical and operational changes required by the lingering effects of Covid-19 on the workplace. This program will offer a guideline for assisting both employers and employees to navigate the new post-Covid-19 workplace.

This course provides insight into the new California law (AB 288) that comes into effect in January 2023 and will change how companies and brands run online charitable promotions. This new comprehensive law significantly changes the landscape of national online charitable promotions. This course will provide participants tips to recognize when and to whom this new law applies, how to comply with the requirements of the new law, including registration of promotions, contracts with charities, sending donations to charities and disclosures.

Immigration attorneys often struggle with the demands of practicing in a highly complex area of law in which the stakes are extremely high for their clients. Many different agencies are involved, and attorneys must be fluent with the grounds of inadmissibility and removability, their related waivers, potential eligibility for benefits, potential penalties and forms of relief, and countless regulations, statutes, agency manuals, memoranda, and abstract legal concepts and principles that govern every aspect of immigration practice. In this context, attorneys must advocate for clients whose ability to live, work, remain with their families, or to avoid persecution or harm may lie in the hands of the attorney.&nbsp;

In this course, we will analyze the historical context of civil RICO claims and explore how relevant case law affects a RICO case plaintiff, including the particularity required of a claim (time, place, etc), details of the mental state, and pattern of activity.

The Americans with Disabilities Act (ADA) is intended to “prohibit discrimination and guarantee that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life -- to enjoy employment opportunities, to purchase goods and services, and to participate in State and local government programs and services.” For the past 10 years the DOJ has remained mostly silent on the issue of website accessibility, which silence has led to an onslaught of private litigation. However, in March of 2022, the DOJ publicly released its "Guidance on Web Accessibility and the ADA" purportedly establishing "how state and local governments and businesses open to the public can make sure that their websites are accessible to people with disabilities as required by the Americans with Disabilities Act (ADA).” This course will explore: The history of the DOJ's position and enforcement actions related to Web Accessibility What clarification, if any, did the recent DOJ's Guidance on Web Accessibility and ADA provide to demonstrate how local governments and businesses can make their websites accessible? Update on the recent trend of DOJ Web Accessibility enforcement actions and key takeaways from the settlement terms and conditions

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.