- Overview areas of Intellectual Property law
- History of Copyright
- Difference between published and unpublished work
- Case Law and Statutes
- Ideas vs. Expression
- Elements of Copyright Ability
- Concept of publication
- Exclusive Rights
- Fair Use
- Transfers, Procedure, Damages
- Visual Artist Rights Act
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Copyright for Artists In this timely and compelling CLE program, Attorney, Gale Elston presents Copyright for Artists. During this thorough and engaging program Attorney Eltson begins with an overview of intellectual property with regards to artists and the history of copyright. The program continues with a detailed discussion of relevant case law and statutes. Attorney Elston also covers fair use and it’s limitations. The program concludes with an explanation of the Visual Rights Act. This program is a must for any attorney. Agenda:
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Ethics Compliance for Solo Practitioners In this timely and compelling CLE program Attorney, Todd Kulkin, presents Ethics Compliance for Solo Practitioners. Mr. Kulkin starts the program with a discussion on Confidentiality, Conflict Of Interest, and Solicitation & Networking within the ABA model rules. The program continues with an overview of No-Contact Rule, Referral Fees, and Communicating With Unrepresented Persons. Additionally Mr. Kulkin will cover duties to prospective clients. The program concludes with an explanation if a lawyer should take equity. This program is a must for any attorney. AGENDA:
- Confidentiality
- Conflict Of Interest
- Solicitation & Networking
- No-Contact Rule
- Referral Fees
- Communicating With
- Unrepresented Persons Attorney as third-party neutral
- Trust account issues
- Non-law practice activities
- Duties to Prospective Clients
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Impaired Lawyers: A Call for Action - Description During this timely, and compelling CLE program Attorney, Brian Quinn, presents “Impaired Lawyers: A Call for Actions”. Mr. Quinn begins the program with an overview of statistics and warning signs of substance abuse. The program continues with an explanation on why lawyers are impacted and the barriers lawyers confront in seeking help. Attorney Quinn also discusses the stigma with seeking help, dealing with denial, and issues with enabling. The program concludes with how attorneys can seek help. This program is a must for any attorney. Agenda
- Statistics Overview
- Warning Signs at Law Firms
- Why Lawyers?
- Barriers to Seeking Help
- Stigma
- Dealing Denial
- Enabling
- Seeking Help
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Coronavirus and Your Mental Health In this timely and compelling CLE program, Attorney, Brian Quinn presents, “Coronavirus and Your Mental Health: A Lawyer’s Guide to Coping with Isolation, Anxiety, and Fear in Uncertain Times”. Mr. Quinn begins the program with a discussion on mental health statistics and symptoms of depression and stress factors. The program continues with an overview of dealing with solitude, anxiety, and fear. Mr. Quinn then explains ethically challenges and some warning signs. The program concludes with challenges of seeking help and how lawyers can seek help. This program is for all attorneys. Agenda
- Mental Health Statistics
- Symptoms of Depression
- Stress Impact and Factors
- How to Distress
- Solitude and Loneliness
- Dealing with Anxiety
- Dealing with Fear
- Ethically Challenges
- Warning Signs
- Challenges with Seeking Help
- How to Seek Help
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No One Makes It Out Unscathed: The Effects of Personal Trauma and Stress On Our Lives In this timely and compelling CLE program, Attorney, Brian Quinn presents, “No One Makes It Out Unscathed: The Effects of Personal Trauma and Stress On Our Lives”. Mr. Quinn begins the program with a discussion on statistics and symptoms of stress and trauma. The program continues with an overview of warning signs, and dealing with stress and trauma. Mr. Quinn then explains the effects of trauma and the vicarious trauma in the legal profession. The program concludes with challenges of enabling and denial and how lawyers can seek help. This program is for all attorneys. Agenda
- Statistics
- Warning Signs at the Firm
- What is Stress
- Distress
- Dealing with Stress
- Trauma
- Types and Effects of Trauma
- Vicarious Trauma in Legal Profession
- Enabling and Denial
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Intermediate Topics: TITLE IX In this timely and compelling program, attorney, Adria L. Silva presents, “Intermediate Topics: TITLE IX”. Attorney Silva begins the program with an overview of TITLE IX basics and who can be sued within the Statute of Limitations. The program continues with a discussion of TITLE IX v. TITLE VII. Attorney Silva then covers applicable case law and intermediate topics such as internal investigations, sexual harassment, and gender discrimination. The program concludes with an explanation of the Family Education Rights and Privacy Act. This program is for any attorney. Agenda:
- TITLE IX Basics
- Who Can Be Sued and SOL
- Conditions Precedent
- TITLE IX v. TITLE VII
- Internal Investigations
- Sexual Harassment
- Gender Discrimination
- Retaliation
- Family Education Rights and Privacy Act
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Benefiting from New Markets Tax Credits In this timely and compelling CLE program, attorneys, Julia Fendler and Trey Parker present “New Market Tax Credits”. The New Markets Tax Credit (“NMTC”) Program is administered by the Community Development Financial Institutions Fund (the “CDFI Fund”) of the United States Department of the Treasury. The NMTC Program is a federal statutory program, created in 2000 and currently extended through 2025, that is designed to encourage capital investment in low-income communities that have had inadequate access to capital. It is codified in Section 45D of the Internal Revenue Code. This program is for any attorney. Agenda:
- Program Basics
- Major Players and Definitions
- Application and high level NMTC allocation facts
- What can NMTC proceeds be used for?
- Project Requirements
- Secondary criteria
- Typical Transactions
- What Other subsidies work with NMTCs?
- Conclusion
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How Marijuana Use Can impair an Attorney’s Ability to Perform Legal Services with Competence: The Mental, Physical, Addictive, and Impairing Side Effects Many attorneys have not heard how much stronger marijuana is today. In this timely presentation, Heidi will provide basic information about the new high potency products. By understanding the side effects these new products present, a lawyer can recognize the warning signs and reduce his/her risk for addiction, mental illness and impairment. Heidi Anderson - Swan’s brother was a homeless drug addict with schizophrenia who went to jail eighteen times. In this CLE, she will begin by sharing their personal stories. She will continue with up-to-date information about the risks of marijuana use every lawyer should know. Agenda -Heidi & Kirk: Occasional User and Chronic User of 1970’s Pot -Marijuana and Psychosis/Schizophrenia, Anxiety, Depression, Bipolar Disorder, Suicide -How Weed Has Changed Since the 1970’s -High Potency Products: What Are They? What Are Their Side Effects? -How to Detect Warning Signs -Potential for Impaired Driving
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Attorney’s Guide to Online Defamation & Website Removal This program, presented by internet defamation attorney and published author Paul Sternberg, will provide an overview of what constitutes online defamation. Mr. Sternberg will discuss in detail the complex web of laws governing defamatory statements including the First Amendment, the Communications Decency Act, the Digital Millennium Copyright Act, recent case law, and more. Other topics to be discussed include the difference between libel and slander and considerations for determining if and when to file suit for defamatory conduct. The mechanics of a defamation suit will then be explored in great detail, including a review of cease and desist letters, anti-SLAPP laws, discovery exceptions, and much more.
- The First Amendment and Protected Speech
- Determining the Defaming Party
- Understanding Liability Under the CDA and the DMCA
- Legal Strategies to Consider in Defamation Cases
- Building a Defamation Case or Defense and Removing a Website
- Libel vs. Slander
- Weighing the Decision to Sue
- Deploying a Cease and Desist Letter
- SLAPP and ANTI-SLAPP Laws
- The Streisand Effect
- Elements to Prove
- Statutes of Limitation
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Complex Trauma in Criminal Mitigation Cases: How Abuse and Neglect Cause Abnormal Development
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 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.
Learning Objectives:
- Identify the ACE criteria in the context of complex trauma.
- Understand a developmental perspective of abuse and neglect in the context of complex trauma.
- Understand how psychosocial evaluations by mitigation experts consider complex trauma.
- Understand the major areas of psychopathology that result from complex trauma.
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Domestic violence as intimate terrorism: mitigation for criminal defense lawyers
Abuse of domestic partners in the form of physical, psychological, financial, sexual, and related forms of abuse tends to be systemic in nature causing complex trauma to the victim who suffers overwhelming psychological and emotional stress leading to various psychiatric issues forcing the victim to contend in unhealthy ways while experiencing deep feelings of helplessness, hopeless despair, and pain. This program will provide a detailed understanding of the victim’s experiences and challenges for the criminal defense lawyer in such cases.
Agenda
- To understand the types of abuses that victims suffer.
- To understand the concept of complex trauma and how it can be applied to victims of domestic abuse to understand their trauma for defense purposes.
- To understand the major psychiatric diagnoses associated with victims of domestic violence.
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The Burned Out Lawyer- Recognition and Prevention Strategies If there is one word we heard during our journey through the pandemic and continue to hear more than any other term as we navigate into the Post-COVID “new normal” world, it is “burnout.” But what is burnout? What does it look like and feel like? More importantly, what can we do to prevent the normal stress and “lawyer anxiety” so common in our profession from developing into the physically and emotionally draining state known as Burnout? Recent studies have shown that there has been a dramatic increase in impairment due to alcoholism, addiction and mental health disorders among members of the legal profession. The statistics are compelling and clearly indicate that 1 out of 3 attorneys will likely have a need for substance use or mental health services at some point in their careers. Agenda
- The early warning signs of impairment, with special emphasis on stress and burnout.
- Symptoms of stress and burnout that are particularly prevalent among members of the legal profession;
- Discussion will include the basic stress reactions, both physical and psychological; the difference between healthy stress and distress, with emphasis on the impact of the COVID-19 pandemic.
- The transition from distress to burnout and how we can recognize and identify the sources of stress in our lives before burnout develops.
- Guidelines for a “master plan”, including realistic prevention strategies that work.
- Why lawyers and judges are at especially high risk to develop mental health and substance use disorders.
- The free services that Lawyers Assistance Programs provide to lawyers, judges, their family members and law students.
- The barriers that prevent lawyers and judges from seeking the help they need.
- The role that education plays in breaking the stigma and fear associated with alcoholism, substance use disorders and mental illness in the legal profession.
