Washington bundle (2024)

Preliminary injunctions and temporary restarting orders are extraordinary remedies whose use have recently been on the rise. Success in getting a court to grant requires passing rigid procedural hurdles and satisfying high standards of proof. In this one hour program, we will review various factors to consider when obtaining preliminary injunctions and temporary restraining orders as well as discuss issues that should be considered prior to filing for injunctive relief. Injunctions can be useful tools in protecting assets and halting wrongdoing but, injunctive relief means only as much as the ability to enforce it.

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.

This presentation will shy away from more cutting edge topics, sometimes of fleeting importance and, instead, will re-center lawyers’ attention to what the presenter has proposed are the five core components providing the “recipe” for ethical lawyering. While limiting its scope to broad topics that are alliterative, this presentation will manage to discuss many more ethics rules than just five, including Model Rules 1.1, 1.2, 1.4, 1.6, 1.7-1.10, 1.15, 1.18, 3.3, 4.1, 7.1, and 8.4 among several others.

In this program, attorney Jeanann Khalife, will provide a detailed overview of the mediation process. This course will examine the key features of mediation, the three primary mediation styles, and multiple tools and techniques useful in a mediation. We will also analyze the duties of a mediator and walk through the stages of mediation. In closing, we will address mediation agreements and their key elements.

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.

This course will discuss in-depth class litigation and the expansion of telemarketing Regulations, including the rent increase in state mini-TCPA’s and/or adding private causes of actions. We will then take a deep dive into the First Amendment “Commercial Speech” Doctrine discussing its outright exceptions and developing regulations, noting the difference between viewpoint and content based restrictions. Lastly, we will analyze a trio of recent cases that have raised the possibility that Central Hudson is becoming “Zombie precedent.”

This course will provide an overview of the Duty of Confidentiality under Model Rule 1.6 as well as privilege and work product rules. We will cover the legal basis of an exceptions to both confidentiality and privilege. This course will analyze the tests to apply and real world application, as well as exploring the overlap of the rules of evidence.

This course is designed to give guidance to lawyers on various issues under the umbrella of technology law. In every aspect of a lawyer’s career, technology plays a role. Technology is so important to today’s lawyer that state bar associations are starting to add a technology element to required CLEs. This course provides a summary of issues related to counseling clients in content of technology-related contracts, document retention policies, and e-discovery issues should litigation ensue.

As data breaches continue to proliferate, state legislatures across the country have strengthened their existing data privacy and protection statutes, or have created new ones, with an increased focus on consumer protection. This program will provide an overview of trends in this legislation, with an emphasis on how the states are shifting their focus towards compressive data privacy laws that put more control over how personal data is used into the hands of consumers. The program will also provide an overview of cyber best practices, and how those practices translate into statutory best practices.

Through the context of a mock technology-assisted deal, this hour-long presentation aims to educate attendees on how to leverage technology to mitigate risk throughout the due diligence and deal closing process and why now, more than ever, embracing technology is necessary for legal practitioners to stay afloat in the era of digitalization.

Deepfake technology can be used to create video (and audio) content that looks genuine, but isn’t. It has been used to craft funny parody videos and cute marketing campaigns, as well as spread disinformation, scams and all-too-realistic nonconsensual pornography. Deepfake technology is easy to use, readily accessible, and spreading. In this program, we’ll discuss deepfake-related cyber threats to lawyers and law firms, potential legal consequences, as well as addressing efforts to mitigate the associated risk as technological controls – and the law – try to catch up.

Many estate planners consider the passage of the SECURE Act in 2019 to be the most significant retirement legislation of the past 15 years. However, Congress isn’t done, and the EARN Act, which further builds on the SECURE Act, and proposed treasury regulations are in the pipeline to further change laws surrounding retirement. How do these changes affect estate planning and how can individuals and families plan to optimize their IRA planning in light of these new laws?

This course reviews the ABA Model Rules of Professional Conduct regarding conflicts of interest from a law firm risk management perspective. Various sources of conflicts-based risk will be explored and best practices/defenses will be examined. Logistical realities and actionable steps to better protect law firms and lawyers will be discussed.

In this course, we will cover the basics of the Family and Medical Leave Act (FMLA). Attendees will gain a working knowledge of the FMLA and important terminology used in that statute. We will also review the process for notification, certification, and designation under the FMLA.

In this one hour program, attorney & author Frank Ramos will discuss in-depth the purpose of depositions, how to advance your case themes, support your case, and win at trial. This course will examine how to handle various types of witnesses, including the expert witness, and analyze how a witness will play a role in your case at trial. We will explore the importance of conducting witness due diligence and how that information will help you accomplish your deposition goals.

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.

Internet based technologies, such as email, document management software, teleconferencing, and ediscovery, for all their upsides, are in fact making it harder to do diligent lawyering. This course analyzes how technology has changed the way lawyers work and even think, and how some basic rules of evidence can no longer be followed. Due to professional pressures we are forced into technologies we don’t need and forced to practice in sloppy ways where mistakes are more likely. We are increasingly surrounded by “dark matter”, case file materials or relevant evidence which cannot be accessed and which we may not even know exists. Strange as it might seem much of our time now is waiting for software to execute, time which we cannot devote to other matters. The presentation ends with simple suggestions on how to get the digital beast under control.

As lawyers, most of us spend our share of time writing – e-mails, letters, memos, motions, briefs. No matter how much we write or how good our writing is, we can always improve. In this one hour program, we will discuss the different ways that lawyers and law firms can improve their overall writing styles and habits.

Risk-shifting of the duties and obligations of the parties to a business contract is a fundamental aspect of the contract.   The terms and provisions of the contract that shift risk can and should vary depending on the risks involved and the ability to respond to liability or obligation.  Indemnification provisions in a business contract is one of the primary tools for allocating the risks between the parties.  However, indemnification provisions themselves can and do create their own issues between the parties.

Unfortunately, when family, death, and money converge court battles are inevitable. The disputes often arise when no estate planning is involved or the planning goes awry, requiring heated, dramatic, and sometimes heart-wrenching probate (also referred to as estate administration) proceedings. This program covers model codes, statutory laws, and common law with respect to intestate matters. We will consider the changing legal definitions of family, the issues involved in administering estates when wrongdoing is suspected, and the rights, duties, and powers of personal representatives. We will also review hands-on examples of provisions that can be helpful in keeping at least us and our clients safe from probate landmines.

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.

Estate planning is a common and needed area of legal services. The need is only growing. So are low cost and no cost non-attorney alternatives. Learn what a comprehensive estate plan is and the strategies only attorneys can provide, so that you can provide value to your clients and they ultimately leave your office with a manageable to-do list.

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.

Many lawyers who are new to practice may say they want to be litigators, but they don’t necessarily have an idea of what that looks like. This introduction to litigation covers some of the most common steps of every case and includes practical first-hand knowledge of the best practices and common pitfalls of each step. This course will detail the process of litigation, from pleadings, to discovery, to dispositive motions through trial, while discussing the importance of continued settlement negotiations along the way.

Mismanaging an IOLTA account is one of the primary reasons that attorneys find themselves in disciplinary hot water, and misconduct, even if “innocent,” can lead to discipline, including loss of the ability to practice. In many cases, the attorney involved has never been trained how to handle a trust account, and does not know the best practices for handling one. In this program, attendees will learn about the relevant Rules of Professional Conduct, particularly Rule 1.15, and best practices for handling client and other funds in their IOLTA accounts.

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.

With legal practice reforms enabling law firms to build their tech stacks and scale their services, coupled with the accelerating rate of innovation, now more than ever, embracing technology is necessary for legal practitioners to stay afloat in the era of digitalization. This 1-hour long CLE will explore how technology is the reshaping of key elements of the law firm business model and what lawyers can do to future-proof their practices and mitigate the problems that most firms and practitioners face today.

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.

With legal practice reforms enabling law firms to build their tech stacks, coupled with the accelerating rate of innovation, now more than ever, embracing technology is necessary for litigators to stay afloat in the era of digitalization. This 1-hour long CLE will explore how innovation is the reshaping litigation practice. We will identify the pain points and risks that litigators face and how legal technology solutions can streamline workflows throughout the lifecycle of a civil action.

This course is designed to enhance awareness and understanding of neurodiversity and non-apparent disabilities in the workplace. Recognizing that diversity and inclusion are essential components of a thriving legal practice, this course provides legal professionals with insights, tools, and strategies to create an inclusive environment for individuals with non-apparent disabilities.

Social media is an ever-growing area that affects the practice of law, through attorney advertising, social networking, evidence collection, and monitoring. According to the Rules of Professional Conduct, attorneys must stay knowledgeable about anything that affects the practice of law, including social media. This course will touch on some of the basics of social media through various platforms. This course will also discuss the applicable rules of professional conduct that can be violated if attorneys are not careful regarding activity online. This course will address real-life case scenarios and examples of “what not to do”.

As drone technology continues to evolve and drones evolve from novelty items to a central part of business operations in a variety of fields ranging from logistics and public utilities to real estate and construction, commercial drone operators must ensure that their operations comply with emerging federal drone privacy law. In this overview of the provisions of the FAA Reauthorization Act of 2018 governing the privacy practices of commercial drone operators, we cover key provisions governing operators’ privacy policies and compliance with the emerging patchwork of state and local information privacy and security laws. We also address emerging issues in federal preemption law related to the applicability of state and local information privacy and security laws to the aviation sector.

This one hour program will cover high level concepts of real estate transactions from a buyer’s perspective. We will address the role of a real estate attorney, ranging from due diligence considerations to contract negotiations. This course will provide you with some real world insight on best practices in managing contracts of sale.

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 one hour presentation will help lawyers regain control of their email inboxes and enhance their communication practices to adhere with ethical standards through the utilization of available technologies. We will discuss various legal ethical standards that apply to controlling your email inbox, while discussing ways to organize and sort your inbox. This course will also provide demonstrations of different software programs for both intra-office and client communications.

Taking effective depositions is a crucial skill for litigators and trial lawyers, a skill that can be taught and learned. But how should deposition skills be taught? A lot goes into taking effective, powerful depositions and a lot goes into defending depositions. Effective depositions can be reduced to mastering certain skills, including conducting thorough due diligence before a deposition, thinking through and relying on your case theme during the deposition, securing all relevant information the witness has to offer, and directing the witness the provide you the information in the manner that you want it. This course will focus on strategies and exercises for teaching deposition skills that win cases.

The art of jury selection, commonly known as voir dire, plays a pivotal role in shaping trial outcomes. This course delves into the essential do's and don'ts of voir dire, equipping legal professionals with the knowledge and skills to conduct effective jury selection.
The course begins by examining the foundations of voir dire under state and federal law, providing a thorough understanding of the legal framework that governs the process. Participants will explore key concepts, such as the constitutional rights of potential jurors, challenges for cause, and peremptory challenges, enabling them to navigate the complexities of voir dire with confidence.
This course will also address how to craft compelling questions, establish rapport with prospective jurors, and identify potential biases and prejudices. Additionally, techniques for active listening and non-verbal communication will be explored to enhance the effectiveness of voir dire. Whether you are a seasoned litigator or a budding attorney, this course will empower you to select the most favorable jury for your client's case and enhance your overall trial advocacy skills.

This course provides a solid overview of the history of litigation finance, from its early days in Australia and the United Kingdom, to its current robust existence in the United States. Litigation finance opens up new avenues to capital for businesses and law firms with meritorious claims, but who otherwise would not have been able to pursue them due to the costs associated with doing so. Viewers will leave this lecture with a clear understanding of how litigation finance operates, what challenges it used to be faced with, and how the legal industry has opened up to it. We will also cover the questions practitioners should ask and answer when looking at litigation finance.

From FTX to NFTs, it seems like cryptocurrency and blockchain technology are at the top of news and culture. But which laws apply to this technology, and which government entities regulate this space? And what do businesses, investors, and consumers need to know to avoid legal pitfalls?

In Dobbs v. Jackson Women’s Health Organization, the Supreme Court overruled Roe v. Wade and held that there is no constitutional right to abortion. This program will trace the path toward and beyond Roe, including the decisions involving the right to privacy and substantive due process. We conclude with some predictions about the effects of the Dobbs decision for abortion rights and other constitutional rights.

For many years, sports betting was solely considered an amenity at casinos and racetracks. Today, it is a multi-billion dollar industry legal in many U.S. states. In this course, we examine landmark cases and statutes that shaped the world of sports betting, and also look ahead to future policy and legal concerns.

The Supreme Court decided three cases about religion in October Term 2021. One, Ramirez v. Collier, was statutory, interpreting the Religious Land Use and Institutional Persons Act. The other two – Carson v. Makin and Kennedy v. Bremerton School District – involved the First Amendment. This course will examine the key caselaw leading up to these most recent decisions and how significantly they have changed the way the Court interprets the freedom of religion.

With so many hearsay exceptions, where is a busy litigator to start? This refresher course breaks down Federal Rule of Evidence 804 and its exceptions in a comprehensive and clear manner. Fun pop culture examples are used to reinforce the material after the review. Brush up on these useful hearsay exceptions and be better prepared for your next trial.