CLE requirements by jurisdiction

This one hour module provides an overview of negotiation fundamentals and explores strategies and techniques for attorneys who routinely engage in negotiations on behalf of private clients, corporate organizations, or administrative agencies. In addition to suggesting best preparation practices, the presenter will discuss other factors that should be taken into consideration including, but not limited to, communication styles, intangible influences, behind-the-table negotiations, cross-cultural factors, and negotiating in unstable contexts (such as a pandemic).

The Due Process clauses and Equal Protection of the Fourteenth Amendment are intended to guarantee uniform access to the law, and protection from state overreach, for all Americans. Beyond even those bold purposes, however, the Fourteenth Amendment’s Due Process clause has also been read to “incorporate” various rights guaranteed in the Bill of Rights, so that the states cannot encroach on them, where previously only the federal government was so restricted. In this course, the celebrated retired civil rights attorney Samuel B. Cohen will explore the historical purposes and present applications of the Due Process and Equal Protection clauses of the Fourteenth Amendment, showing how present Court doctrine differs from the framers’ intentions, and what rights from the Bill of Rights have been “incorporated” as to the states and found by Courts to exist in the Bill of Rights’ “penumbrae and emanations.” He will provide guidance for identifying and pleading Due Process and Equal Protection issues in litigation, as well as talking points for discussing these complex topics with non-lawyers.

This class will explain the evolution of computer forensics into what is now known as digital forensics. As a part of this class, attorneys will learn about the foundations of digital forensics, including how digital evidence should be collected, forensically acquired (copied), preserved, examined, and analyzed. The class then uses numerous case examples to explain different forensic artifacts and how they can be used in cases. Evidence types include metadata, internet history, communication artifacts, searches, multimedia, location evidence, and much more. Actual case examples are utilized to illustrate the usefulness of these forensic artifacts in litigation. Attorneys will also learn the difference between an information technology expert and a digital forensics expert, with case examples illustrating the problematic outcomes of having information technology experts attempting to testify about digital forensics.

This course will provide an overview of the insurance coverage provided by Commercial General Liability (CGL) policies. This overview will include a summary of an insurer’s duties to defend and indemnify its policyholder for losses covered by the policy. The presentation will then provide an in-depth analysis of the 2013 Target data breach and ensuing insurance-coverage decision. Finally, the course will conclude with a discussion of the impact the Target decision will have on other policyholders with CGL policies.

The promise of autonomous vehicles has been discussed for decades, but technological advancements have turned this vision into reality. Like with many new technologies, the law and societal acceptance are still working to catch up to reality. This presentation will provide an overview of the current state of the law, consider the regulatory divide between federal jurisdiction and state jurisdiction, and provide insight on where the law may be going. The presentation will also provide an opportunity to consider the open questions of liability and insurance for situations in which there is no human driver.

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.

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.

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.

Assisted Reproductive Technology (ART) law involves complex and sensitive issues that prompt a number of drafting concerns for attorneys. In this program, Colleen Marea Quinn guides attorneys through the important and fundamental considerations surrounding ART law and basic ART contract drafting. First, Ms. Quinn covers the basics of family formation through ART and relevant medical terms. Then she addresses drafting pre-requisites and what information must be gathered prior to contract drafting as well as useful resources. Next she provides an extensive road map that incorporates specific structural techniques to help demystify the ART contract. Finally, Ms. Quinn provides an overview of necessary contract provisions covering everything from pre-screening, physical exams & psychological evaluations, and payment methods to labor notification, breaches and remedies. Do not miss this introduction to ART law and the fundamentals of ART contract drafting.

This program will provide a detailed overview of kinship proceedings in the New York Surrogate's Court from commencement to conclusion. When a person dies without a will, and the closest living relatives are distant (like cousins) a kinship proceeding is often necessary to determine who is entitled to inherit from the decedent's estate. This course will define what a kinship proceeding is, the various parties to a kinship proceeding, the substantive and procedural laws that govern kinship proceedings, and the tools and strategies necessary for success. Kinship proceedings are governed by an amalgamation of laws and regulations. This course provides an easy-to-use, organized guide to kinship proceedings.

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.

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.

Being a lawyer inevitably means experiencing a lot of stress. Stress is impossible to avoid, but it is not impossible to manage. You can learn how to handle stress for your own sake, the sake of your loved ones, and for your own career satisfaction and success. During this seminar, Cheyne Scott shares various techniques for addressing seven common stress points most lawyers share. As a litigation partner, Ms. Scott is walking in your shoes everyday. As a Certified Life Coach, she will show you to a different path for handling the stresses of practice so you can find balance amid chaos and uncertainty, and take personal satisfaction in work that you do.

With hundreds of class action lawsuits being filed each year for allegedly deceptive food labeling, and many more cases threatened and settled without getting to court, it is critically important that food companies and their lawyers understand the risks. This course introduces participants to the regulatory framework governing food labeling and advertising, the legal theories used in litigation, and defenses that food companies commonly assert in these cases. Lauren Handel of Handel Food Law LLC will review examples of recent cases illustrating the labeling issues that have been most targeted in litigation. She also will discuss strategies for advising clients on their labeling and advertising to minimize the risk of getting sued.

New client and wondering how to handle the fee arrangement? Retainer? Contingency arrangement? What’s a lawyer to do to ensure reasonable, collectable fees? Driving business is a necessary part of the practice of law and the legal ethics rules of the road are an essential part of the roadmap. This course, presented by Jan Jacobowitz, will explore the fundamental categories of fees, reasonableness standards, methods of fee collection, trust account issues, and more.

NFTs have been all over the news lately. You have likely heard about them but do you really understand how they work and the intellectual property issues that can arise with their use? This program will provide a clear explanation of what NFTs are and the underlying technology so you can more fully understand how they work and what you need to know to provide NFT-related legal advice. This program will also cover key issues with IP protection and enforcement, NFT license and partnership agreements and provide a summary of real world examples of IP-related legal disputes with NFTs and practical advise for avoiding such disputes.

This course will review the practical and legal principles involved in determining whether, and to what extent, space flight participants can recover from commercial human spaceflight companies for injury or death. It will cover common definitions, including commercial spaceflight operators and participants, state and federal statutes, and common law doctrine. It will then provide frameworks for weighing factors that may come into play when negligence occurs in commercial spaceflight.

The federal Education for Homeless Children and Youth Program of the McKinney-Vento Homeless Assistance Act (“McKinney-Vento”) guarantees homeless children and youth access to free, appropriate public education and the right to educational continuity and stability. With a global pandemic that has put many students at risk of housing instability and displacement, lawyers can play an important role in addressing their legal needs through McKinney-Vento. States and school districts are required under this federal law to review and revise laws, policies, regulations, and practices that may act as a barrier to the education of homeless children and youth. This course provides an overview of the educational rights of homeless children and youth and how lawyers can help them navigate and enforce these legal rights and ensure compliance of the law. Participants will learn the legal considerations when working with the educational rights of homeless students.

As the housing market sours, there has been an uptick in homesellers refusing to pay their real estate brokers commissions. This has rendered the timing of when commission vests a hotly contested and litigated issue. In this course, you will learn the default rules for when commission vests, the meeting of the minds, and what options brokers and sellers have to change that default rule by supplanting the listing agreement with other triggers to commission. We will delve into how the default rule is modified when a real estate broker is cut out of a transaction as well as when a broker's breach of statutory / common law duties impacts their ability to claim commission. This is your one stop shop to learn how to litigate real estate brokerage law.

Many legal consumers are only familiar with traditional, full-scope legal representation. However, this is not practical or affordable for many, and perhaps even most, Americans. This leads many to decide to “go it alone” and represent themselves. However, some representation is almost always better than no representation at all. Offering flexible representation, also called unbundled, limited scope, or à la carte services, allows you to connect with legal consumers who may otherwise feel priced out of the legal market. During this hour long seminar, we will address what precisely “unbundled” and limited scope services are (and are not) and what benefits can be achieved not only to the consumer but also to you as an attorney in offering these options. We will also provide you with resources, from the relevant ethical rules to tips on how to identify appropriate candidates for unbundled or limited scope services.