Virginia bundle

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.

Every student is entitled to basic due process rights when being disciplined at school. Students with disabilities are entitled to additional rights under federal law. This session will focus on the basic due process rights owed to all students, and those additional considerations that exist under Section 504 and the Individuals with Disabilities in Education Act.

Section 337 investigations at the U.S. International Trade Commission (ITC) provide a fast and efficient forum to assert your intellectual property against imported goods. A successful ITC complaint can quickly lead to the ITC blocking future imports of infringing products, protecting market share, and stopping unfair competition. Because Section 337 investigations differ substantially from federal district court actions, success requires a nuanced understanding of the ITC’s unique requirements and procedures. In this course, Mr. Riley explains how to file a complaint at the ITC and examines the wide array of possible causes of action, including patent infringement, trade secret misappropriation, unfair competition, and breach of contract. Mr. Riley also discusses how to best utilize the ITC’s procedure and discovery rules to strategic advantage.

This CLE will provide an in-depth look at the final beneficial ownership reporting rule under the Corporate Transparency Act. It will cover issues such as who needs to report beneficial ownership information, who is a beneficial owner, what information needs to be reported, and in what form the information should be provided. Michael Rosensaft will also discuss FinCEN’s response to commenters' concerns. It will cover the possible changes to the rule, that FinCEN accepted or rejected, and the possibility of future rulemaking.

This course further expands the principles learned in Part I by comparing the statutory framework to common law invasion of privacy. This course will address how both those systems interplay with new technology such as social media, GPS tracking devices, facial recognition, and drone technology. These rules will center on their applicability to private party surveillance as opposed to government surveillance and how it affects civil litigation.

Many criminal defendants have suffered complex trauma that must be explicated through presentence reports by mitigation experts. This seminar will focus on major approaches to conceptualize the harm that many of our clients have suffered in childhood through the ACE criteria and a developmental perspective focusing on the effects of abuse and neglect. The seminar will also consider how these matters are assessed in a psychosocial evaluation and major psychopathology that results from complex trauma.

This course is designed to review the two primary methods for shifting risk between the parties to a construction contract. Those methods are indemnification provisions and insurance. This course will discuss the various forms of indemnification and the scope. Insurance will be addressed as it relates to indemnification and as a stand-alone protection. This course will include suggestions to be included in both the substantive and procedural aspects of an indemnification. For example, whether the indemnification applies to the fault of one party or all parties related to the project. There will also be a discussion on how to avoid conflicts with the enforcement of the indemnification provision. The effects of various statutory provisions that relate to permitted indemnifications will be reviewed. The program also covers the duty to defend, and scope of that duty. The course is designed to alert an attendee of the various contractual issues that arise with indemnification provisions and various insurance products, and the relationship between indemnification and insurance in order to draft construction contracts that better protects the client. Pertinent case law will also be reviewed.

e-Discovery has exploded onto the scene of commercial litigation. From its rudimentary beginnings around the start of the 21st Century, it has now become a major component of such litigation. Some have even dubbed it “The Tail that Wags the Dog in Complex Commercial Litigation.” In this Introduction to e-Discovery, attorneys learn e-Discovery from both the vendor’s and the litigator’s perspective. Participants will analyze several cases in which courts have admonished, sanctioned, or ruled harshly against attorneys who have been nonchalant about preserving, collecting, reviewing, or producing e-Discovery.

Prior to Brown v. Board and the passage of the landmark civil rights laws of the 1960s, perpetrators of discrimination were clear in their reasons for what the law now recognizes as unlawful conduct. While civil rights laws have a huge impact in eradicating what some call “honest discrimination” where the culprit admits his/her/its reasons for wrongful conduct, the laws have given rise to new schemes that – often harder to detect – are designed to achieve the same discriminatory impact. This one-hour lecture will outline the trajectory of our discrimination laws, the rise of dishonest discrimination, and provide practical tips on litigating discrimination cases where proof is complex.

The purpose of this class is to educate legal professionals on how cell phone forensic evidence is extracted from cell phones, tablets, and other mobile devices. Explanations will be given on what is in accordance with forensic best practices, and how this evidence is properly preserved. In addition, attendees will learn about the fragile nature of digital evidence, and the extent to which this information can be changed if not handled correctly. Attendees will learn the types of evidence that can be recovered from cell phones, including location-based information, messaging application data, voicemails, multimedia such as photos and videos, meta-data, and more. The different forensic artifacts will be explained in detail. Given the rising instances of fake text messages and call spoofing, a section of this class will explain how this is commonly done, even by people with little technical knowledge, and how an investigation is performed todetermine the authenticity of such evidence. Upon completion of this class, attendees will have a working knowledge of how cell phone forensic data collections are performed, the types of forensic artifacts that are recoverable, how data is authenticated, and how such evidence can be used for their purposes when working a case.

This course addresses US and legal profession challenges with achieving and maintaining competence despite a prevalence of significant mental health and distorted thinking challenges. Burnout represents an occupational mental health challenge that attorneys must avoid or manage, and doing so will provide professionals the tools needed to mindfully maintain mental competency.

In 2010, Congress passed the BPCIA, a law intended to spur the development of biosimilar drugs in the US, and to allow a biosimilar maker and a reference product maker to resolve their patent disputes prior to the commercial launch of the biosimilar. The BPCIA sets forth what was intended to be an orderly pre-launch patent litigation process, including a series of information exchanges between the biosimilar maker and reference product maker called the “patent dance.” Several recent BPCIA decisions, however, have introduced surprising variations to the canonical BPCIA litigation process. In this course, Christopher Loh will review how the canonical BPCIA litigation process is supposed to work, and then examine how recent case law has reshaped that process. Participants in this course will gain a general understanding of the process, what variations to the process the current case law allows, and how those variations affect litigation strategy.

In this program, Gary Reing, former Chair of the Lawyers Assistance Committee of the NYS Bar Association and NYC Bar Association, talks about his own addiction struggles and path to recovery, including his reinstatement to the practice of law. Additionally, he will address issues of substance use and addiction within the legal profession and discuss ways to identify attorneys in trouble and explore resources where attorneys can get help.

It is now more important than ever for businesses to understand what is permitted—and, perhaps more important—what is not permitted in the realm of political activity. Businesses and individuals are motivated to participate in the political process, but must understand the rules of the road to ensure compliance with campaign-finance laws, pay-to-play laws, and government-ethics laws. This presentation will provide an overview of the current state of the law, trends in enforcement and disclosure obligations, and strategies for compliance.

The Course will focus on recent CFPB announcements and directives affecting real estate specifically regarding the Fair Credit Reporting Act, Prosecution of discriminatory lending practices, Clarification of Rules and Regulations, and an Explanation of the Rule pertaining to the transition away from the LIBOR index for determining rates on adjustable loans.

One of the biggest challenges facing clients and counsel today is navigating the settlement process during high-stakes, complex litigation and/or class actions. This course, presented by Wyatt Partners (a corporation that focuses exclusively on evaluating both legal spend and litigation settlements), addresses today’s hot topics on this timely issue – both from an in-house and outside counsel perspective. The program will provide a step-by-step journey through the entire settlement process, beginning with the evaluation of risks to be considered when settling, the drafting and negotiating of the actual settlement documents, and the corporate, insurance, and judicial impacts on getting a settlement finalized and approved. The program will also specifically focus on applicable Rules of Professional Conduct and case law as they apply to all stages of the settlement process. Both law firms and corporations will benefit greatly from such insights on a timely and evolving topic that affects everyone in today’s legal and business market.

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.

Interacting with federal, state, and local officials is an important part of the job for many successful businesses. Not everyone that interacts with the government —or lobbies —is required to disclose their interactions, but many are. Interacting with federal government officials, if you are not discussing legislation, can require registration and reporting under the Lobbying Disclosure Act. Representing foreign clients can be even more daunting because of the Foreign Agents Registration Act (FARA). And that is before even thinking about interacting with state and local officials. Each state has its own lobbying disclosure system and what counts as lobbying can be eye opening: not just asking legislators to support a bill, but seeking regulatory changes, and even selling to the government can be lobbying in some places.

Truck accidents are different than car accidents. There are added regulations, additional evidentiary issues, and the regular need for experts. Because of this, it is difficult to tackle a truck accident case without significant experience. This course will provide an overview of the basic steps in how to litigate a truck accident case. We will start at the time the call is first received, the initial investigation, pleading, discovery, and commonly litigated issues. We will cover this from both the Plaintiff (injured party) and Defendant (truck driver) perspective. There is, obviously, much more to litigating a truck accident than we can cover in 1 hour. If you have any questions on your truck case, please feel free to email me ([email protected]) or call me 404-793-0026.

Families are unique social constructs with unique challenges. Accordingly, estate planning attorneys must anticipate and draft for these challenges if they do not want clients (and the estate plans) to be subject to probate or estate administration court battles. This program covers applicable laws, rules, and regulations for drafting trusts that address three of the most common, yet challenging, family dynamics: hostile family members, spendthrift beneficiaries, and family factions. We will also review hypotheticals to provide hands-on examples of provisions that can be helpful in keeping the peace or at least keeping clients from nasty court battles.