Maine CLE requirements

Telehealth has exploded in recent years due to the COVID-19 public health emergency, although it has been around for a number of years. Similarly, telepharmacy is currently growing at a rapid pace, however, many states still have not adopted this practice yet or are not aligned with each other regarding the types of telepharmacy services that should be permissible. During this session, we will move through the timeline of how telehealth and telepharmacy first began, where the industries are now, and how much further we have to go. We cover the law, the practice, and the money to help stakeholders understand all considerations that are at play when thinking about telehealth and telepharmacy.

Defamation Law has its origins in church doctrine and has undergone various significant changes over the last nearly 1,000 years. Because the action in the United States is based on state law, the elements one will need to prove may differ depending on the jurisdiction. In this Overview of Defamation Law, attorneys he presentation discusses both recent articles and cases addressing various aspects of a Defamation claim, including jurisdiction, venue, the requisite elements, and what is need to have success at summary judgment.

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.

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.

The Corporate Transparency Act is going to change dramatically the way that founders and investors in privately-held companies interact with each other. The CTA, once implemented, will require roughly 25 million U.S. companies to file a beneficial ownership report with FinCEN, the Financial Crimes Enforcement Network of the U.S. Treasury. Each beneficial ownership report will contained personally-identifiable information (PII) about each of the company’s “company applicants” and “beneficial owners.” FinCEN will maintain a database of beneficial ownership information that will be confidential, but accessible by specific law enforcement agencies pursuant to regulations that FinCEN will adopt. Understanding how the CTA will change the interactions between founders and investors will allow attorneys to modify the contractual relations between those parties in anticipation of the CTA coming into effect.

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.

This course is designed to give the participant an insight into how the sports world has changed because of COVID-19. We will discuss the renewed focus on some legal terms involved in contracts and ways the practice of sports law and the sports business will change moving forward.

An effective oral advocate balances control and flexibility, directly responding to questions while continuing to emphasize a core theory. An effective oral advocate addresses any lingering doubts, demonstrates their knowledge and abilities, and serves as a problem-solver to the bench. Being an effective oral advocate takes significant preparation—battle plans. This oral argument boot camp walks you through the rigorous process of preparing for an appellate oral argument. Topics include techniques for conquering nerves, distilling a core theory, developing a dedicated process to practice answering questions, getting mooted, and more.

Working well with others is one key to a successful business. Drafting strategically prepared collaboration agreements can be one of the most valuable services you can provide to your small business and startup clients. This course explains how to prepare for, and then draft agreements, collaboration agreements that will keep your clients’ businesses running effectively and keep them out of court.

It is not always clear how a deposition or written discovery responses can be used by a party during an evidentiary hearing or trial. The applicable discovery rules provide guidance, but frequently the judge is unsure of what is and is not permissible, and whether the response even needs to be shown to the witness or whether the witness or opposing party is allowed to explain or rebut a discovery response. This presentation will discuss the permissible use of discovery responses and depositions under the applicable rules of civil procedure. Additionally, there will be a discussion of practical considerations for use of the discovery. Finally, this presentation will provide suggestions on methods to make the discovery responses more effective or useful at a hearing or trial.

Attorneys can play a vital role in discussing advance care planning options with their clients prior to, during, and even after initial estate planning conversations. The Patient Self Determination Act and state laws govern the utilization of advance directives, the primary set of documents that explain a client’s advance care wishes. Advance directives typically consist of a living will or health care directive, which determines what types life-sustaining treatments the client may elect to receive, and a durable power of attorney for healthcare that affords them the ability to select a healthcare agent to make decisions should they lack decision-making capacity. This course will provide examples of a conservative approach to advance care planning using the state of Ohio as an example and contrast with the state of Washington’s approach in allowing natural death planning per its Natural Death Act.

In this class Monty McIntyre, a seasoned Mediator, Arbitrator, and Referee at ADR Services explains how to effectively prepare for a mediation, how to conduct yourself during the mediation session, and what steps should be taken after the mediation. Your goal as a lawyer should be to give your client the very best opportunity to successfully settle the case during or after the mediation.

In this digital age, invisible threats lurk in every dark alleyway of the internet. Knowledge, awareness, and daily cyber hygiene are necessary to prevent cybercrime and fraud, preserve confidential information, and ethically serve clients. Through two hypothetical scenarios, we’ll explore the biggest cybersecurity vulnerability of all—ourselves. People with poor cyber hygiene are a prime target for cyber adversaries, who use tactics and methods like phishing, social engineering, and malware to exploit their weaknesses. We’ll explore the ethical dimensions of cybersecurity, the types of cybersecurity threats and vulnerabilities, some daily preventive habits that can reduce threat exposure, some techniques for recognizing phishing scams, and the anatomy of a ransomware attack. Viewers will also receive a cyber hygiene checklist.

When you decide to “hang out your shingle” and start a solo practice, you are an entrepreneur, just like someone starting a tech company or other new venture, and you face many of the same business, legal and tax challenges that entrepreneurs face. It’s a regulated business, of course, and you must operate your practice ethically and professionally, but it’s a business nonetheless. It’s impossible to commit malpractice or an ethical violation if you don’t have any clients . . . 😊. In part one of this fast-paced, two part presentation, hosted by a leading legal author, columnist and media personality who has operated a solo law practice out of his home for the past 25 years, you will learn the basics of starting and running a successful law practice.

When a State officer violates someone’s constitutional rights, 42 USC § 1983 allows suit for money damages. But no such law allows claims against federal officials. Instead, since Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971), the Supreme Court has implied a private cause of action for damages against federal officers for some types of Constitutional violations. In Ziglar v. Abbasi, 137 S. Ct. 1843 (2017), the Supreme Court substantially narrowed this doctrine, limiting the rights of people in prison or federal detention centers to sue for money damages when they have been beaten, placed in dangerous conditions of confinement, discriminated against or otherwise mistreated. This course will survey the current state of prison Bivens claims.

In this overview of trademark and trade dress law, we use famous and fun automobile cases to explore how trademark laws work in the realm of cars. We address the fundamentals of trademark law, including functionality, inherently distinctive trademarks, secondary meaning, and likelihood of confusion. We use fun car cases to explore the trademark limits of copying. And we see jurists sometimes disagreeing with each other on the role of trademark laws for automobiles. Along the way, we offer useful tips to protect and advise clients and prepare cases.

While attorneys play a limited role in assisting foreign nationals in obtaining visas to study in the U.S., it is never too early to advise an international student about the manner in which they might pursue employment following the conclusion of their studies. The processes are not intuitive, and developing a strategy in a timely manner can be essential to the student’s ability to remain in the U.S. This course will provide strategies for transitioning international students to temporary and/or permanent employment-based visas, and assist counsel in providing answers to the questions that international students typically present. What is the legal framework for seeking employment-based visas in the U.S.? How do the processes differ in pursuing temporary (nonimmigrant) and permanent (immigrant) visas? What are the most suitable categories within each? What if the client is from a country for which there are no immigrant visas available? What strategies are available for moving from a nonimmigrant to an immigrant visa? What considerations should a foreign national be considering while pursuing their studies in the U.S.? In the course of addressing these issues, we will survey the most common immigrant- and non-immigrant visas, discuss how to evaluate your client’s suitability for particular pathways, and identify special issues that should be addressed from the outset to provide your client the best chance of success.

Remote depositions are here to stay and they require planning unlike conventional depositions. Justin Blitz will discuss issues related to taking and defending virtual depositions in personal injury cases. The course will discuss what should go into the planning of remote depositions, how to ask questions effectively in a remote environment, how to strategically use exhibits remotely, when to object (or not object!) to a question your client is asked, when it makes sense to not conduct a deposition, and the advantages of video depositions. Mr. Biltz will also address how to prepare your witness and how to adapt the art of non-party depositions to a virtual setting.

Mr. Blitz will focus on civil cases brought by a plaintiff's attorney to trial. This course is intended as an introduction to trying a civil case to verdict and a refresher course for seasoned attorneys. The course will begin with jury selection and proceed through opening statements, direct and cross exam of the plaintiff, defendant and defendant’s experts and continue through summation. We will discuss issues on how best to prepare for trial as well as maximizing jury selection, effective openings, techniques for cross examination and evidence presentation, and other related topics. Mr. Blitz will also discuss those items that trial attorneys face during a trial that require fast and strategic thinking. Mr. Blitz will provide tips and strategies for trial preparation for cases involving devastating injury and wrongful death claims, including how to implement technology and demonstrative evidence to show the devastation the injury caused at trial.

Representing both the husband and wife in estate planning? Assisting with the divorce of your favorite friends? Asked to represent co-defendants or multiple family members in a criminal, personal injury, or immigration case? New clients want to pay you with stock in their enterprise? From family law, trust and estates, and business law to criminal, personal injury, and immigration law, conflicts of interest exist as a fundamental concern in the practice of law. If ignored or misunderstood, fundamental concerns can create significant problems for the unwary lawyer. What’s a lawyer to do? Step one: assess whether there is a conflict of interest. Step two: analyze whether it is consent-able or impermissible. Step three: proceed accordingly. This course will explore these steps in the context of the conflict of interest rules and their applications in the everyday practice of law.