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Litigation

Professional Practice

Past 3 Months

Released on: Feb. 7, 2013

Taken from the briefing 10b5-1 Trading Plans and Insider Trading Under the Spotlight: Key Issues Companies and Executives Must Consider recorded January, 2013. A recent front page article in the Wall Street Journal entitled “Executives’ Good Luck in Trading Own Stock” reported that, based on the review of thousands of trades by corporate insiders, many executives appear to have done suspiciously well buying and selling their companies’ ...

Released on: Mar. 19, 2013

Taken from the briefing ADA and Mental Disorders: Employee Threats and Violence, Employer Assessments and Accommodations recorded March, 2013. Threats of physical harm in the workplace may arise in a variety of ways, none benign. They range from bullying behavior to blatant homicidal and suicidal statements. Typically, employers must contend with a threatening and aggressive employee while under considerable pressure to take action quickly. Employers ...

From the program: Advanced Deposition Techniques 2013

Released on: Feb. 7, 2013

Whether you’ve done one deposition or one hundred, you need to be prepared to handle the special situations that arise and know how to identify and exploit the opportunities that exist.  This program covers a range of topics and scenarios that can challenge even the most seasoned litigators.  Our faculty of experienced litigators and deposition experts will outline proven solutions to some of this craft’s thorniest challenges. Learn ...

From the program: Advanced Licensing Agreements 2013

Recorded on: Mar. 22, 2013

Taken from the Web Program Advanced Licensing Agreements 2013 recorded March, 2013 in New York. Lecture Topics  [01:00:24] Litigation and Case Law Issues for Licensing Lawyers  [01:00:24] Strategic drafting considerations to account for litigation risks Pitfalls, and examples, of sloppy wording Impact of recent cases on drafting and negotiating Arbitration and other dispute resolution considerations Case ...

From the program: Advising Nonprofit Organizations 2013

Released on: Feb. 27, 2013

The business of running a nonprofit organization has become increasingly complex, as nonprofits are under heightened scrutiny to account for their management and fiduciary practices. The repercussions from the economic crisis and the need to cope with ongoing financial uncertainty have also brought into focus new legal standards for proper investment conduct, while the changing technological landscape forces nonprofits to confront new legal issues ...

From the program: Social Security Disability 2013: From Administrative Proceedings to Federal Practice

Released on: Apr. 2, 2013

Disabled children and adults need your help!  Learn federal practice as you learn how to represent disabled children and adults who need your assistance following denials of their claims by the Social Security Administration.After denial of an initial disability claim, claimants frequently find a possible appeal to be confusing, difficult, and even overwhelming.  Many claimants cannot afford legal representation and must navigate the appeals ...

From the program: Appellate Advocacy 2013

Released on: Apr. 3, 2013

Appellate Advocacy will give you real-world insight into effective appellate advocacy.  You will learn about all aspects of the appellate process, from things to do (and not to do) in the trial court, to strategies and techniques for persuasive brief writing and oral argument, to the rehearing and certiorari processes.  You will also hear the "View from the Bench" - what judges find persuasive and effective. Lecture Topics  ...

From the program: Asset Based Financing Strategies 2013

Recorded on: Mar. 18, 2013

Taken from the Web Program Asset Based Financing Strategies 2013 recorded March, 2013 in New York. Lecture Topics  [01:01:22] Bankruptcy -- Hot Issues for Secured Creditors  [01:01:22] Automatic stay Post-petition interest and attorneys’ fees Executory contracts Post-petition financing Bankruptcy trustee avoiding powers Credit bidding “Cram down” and “cram up” ...

From the program: Basic Immigration Law 2013

Released on: Mar. 28, 2013

This program will explain the basic concepts of U.S. immigration law and procedure, and reflect current developments and trends, including developments relating to the new prosecutorial discretion policies.  Lecture Topics  [Total time 06:33:57] Segments with an asterisk (*) are available only with the purchase of the entire program. Opening Remarks and Introduction* [00:00:50] Cyrus D. Mehta Overview of the U.S. Immigration ...

From the program: Catastrophe and the Law: What Lawyers Need to Know to Advise Clients to Prepare and Respond to Disasters 2013

Recorded on: Apr. 10, 2013

Taken from the Web Program Catastrophe and the Law: What Lawyers Need to Know to Advise Clients to Prepare and Respond to Disasters 2013 recorded April, 2013 in New York.Lecture Topics  [00:58:48]Real Estate Litigation, Property Law and Landlord-Tenant Law  [00:58:48]IntroductionI. Property and Landlord-Tenant Law relating to Casualties Differences in the law in the commercial and residential contexts Landlord’s duty to repair and ...

From the program: Consumer Financial Services Institute (18th Annual)

Released on: Apr. 23, 2013

On January 4, 2012, President Obama appointed Richard Cordray as the first Director of the Consumer Financial Protection Bureau (CFPB). Since that time, the CFPB has been involved in a whirlwind of regulatory, supervisory and enforcement activities. In addition to the CFPB, state and other federal regulators are pursuing initiatives focused on consumer financial services. This year’s Institute will explore in detail the Bureau’s activities as well ...

From the program: Current Developments in Federal Civil Practice 2013

Released on: Feb. 13, 2013

Are you up-to-date on the important developments in federal civil practice and the implications of these developments for your cases?  In Current Developments in Federal Civil Practice 2013, a distinguished faculty of trial lawyers and judges will review and offer their insights into significant recent developments in the law.  The program will focus on applying these developments for best pretrial and trial practices. Lecture Topics  ...

Recorded on: Mar. 19, 2013

Taken from the briefing Defending Corporations and Executives in Congressional Investigations 2013 recorded March, 2013.Congressional investigations, in which corporate executives are called to account by Congress in televised hearings, have long been a fixture of American politics. And they often exact a steep price for individual corporate executives and the companies they represent. Yet few corporations are as prepared to handle congressional ...

From the program: Defending Privacy and Behavioral Advertising Class Action Suits 2013: What Every Litigator and In-House Lawyer Needs to Know

Released on: Feb. 5, 2013

Over the past two years there has been an explosion of new lawsuits filed focused on the alleged disclosure of identifying information in connection with the use of  social networks, social gaming, mobile phones, apps, and other mobile and web-based technologies and in connection with behavioral advertising and the use of pixels, beacons, cookies and other persistent identifiers.  Like patent troll suits and stock drop cases, being sued ...

Released on: Apr. 30, 2013

Taken from the briefing Drafting New York Choice of Law and Choice of Court Clauses in International Commercial Transactions: An Update After IRB v. Inepar recorded April, 2013.Parties engaged in international business transactions often consider choosing New York law to govern their agreements and New York courts to hear any disputes arising out of the transaction. In its recent decision in IRB v. Inepar, New York’s highest court made it clear that ...

From the program: Enforcement 2013: Perspectives from Government Agencies

Recorded on: Apr. 29, 2013

Taken from the Web Program Enforcement 2013: Perspectives from Government Agencies recorded April, 2013 in New York.Lecture Topics  [00:59:26]Legal Issues in the Courts: The Year in Review  [00:59:26]The purchase price of this segment includes the following article from the Course Handbook available online: What More Can be Done to Deter Violations of the Federal Securities Laws?, Texas Law Review, Vol. 90, pp. 1849–1889 (2012)David ...

Recorded on: Mar. 5, 2013

Taken from the briefing ERISA Controlled Group Liability for Private Equity Funds: Fully Covered or Over Exposed? recorded February, 2013. The presentation will focus on the court and administrative decisions addressing whether ERISA's controlled group liability provisions expose investment fund assets (including minority investments) to the pension plan liabilities of distressed portfolio companies. Lecture Topics [Total Time: ...

From the program: ERISA Fiduciary Investment Basics 2013

Recorded on: Feb. 11, 2013

Taken from the Web Program ERISA Fiduciary Investment Basics 2013 recorded February, 2013 in New York. Lecture Topics  [01:02:22] ERISA Litigation  [01:02:22] What are the basic fiduciary responsibilities in the context of a 401(k) plan How does participant direction of account investment limit this fiduciary responsibility What are the key areas of possible fiduciary liability exposure The purchase price of this segment ...

Recorded on: Apr. 10, 2013

Taken from the Web Program Pension Plan Investments 2013: Current Perspectives NY Recorded April, 2013 in New YorkERISA Litigation Review [01:00:34] Current DOL enforcement and litigation issues Summary of case law developments The purchase price of this segment includes the following article(s) from the Course Handbook available online: Fiduciary Litigation Under ERISARobert N. Eccles, Shannon Barrett

Recorded on: Mar. 6, 2013

Taken from the Web Program Trends in Merger Litigation 2013: Corporate, Litigation, and Judicial Perspectives Recorded March, 2013 in San Francisco Forum Selection Provisions and their Impact on Merger Litigation [01:01:10] More than 300 publicly traded entities, including many well-known firms such as Berkshire Hathaway, Chevron, and Fedex, have adopted intra-corporate forum selection provisions. The validity of these provisions is currently ...

From the program: Government Investigations 2013: The Role of Electronic Information in Investigation and Response

Released on: Apr. 18, 2013

Organizations create and store a growing volume of information on a daily basis. That information is used in all facets of an organization’s business. When government regulators seek access to that information, many questions can arise. Exactly what information might the government seek? What limits, if any, are there on the government’s request for electronically stored information? How might electronic information be reviewed prior to production ...

From the program: Investment Management Institute 2013

Recorded on: Mar. 15, 2013

Taken from the Web Program Investment Management Institute 2013 recorded March, 2013 in New York. Lecture Topics  [01:12:20] Litigation  [01:12:20] Update on Section 36(b) litigation The aftermath of Janus Capital Group Trends in disclosure cases Cases related to the use of sub-advisers The purchase price of this segment includes the following article from the Course Handbook available online:  ...

Recorded on: Feb. 28, 2013

Taken from the Web Program The SEC Speaks in 2013 Recorded February, 2013 in Washington Judicial and Legislative Developments [01:01:55] Aiding and abetting the violation of antifraud provisions Brokerage firm liability for sales representatives’ misrepresentations Insider trading liability Statute of limitations for civil penalties Court approval of consent judgments First Amendment challenge to Commission’s ...

From the program: New York CPLR 2013

Released on: Apr. 26, 2013

Every year, the New York Courts interpret, and re-interpret, the important procedural rules that govern litigation in New York State: the Civil Practice Law and Rules. One of the most important aspects of the procedural rules for litigators is the ongoing evolution of the law with respect to the very unforgiving statute of limitations.  The Courts lack the power to extend the applicable statute, or to exercise discretion to assist a tardy plaintiff ...

From the program: Managing Wage & Hour Risks 2013

Released on: Feb. 25, 2013

Counsel as well as Human Resources and compliance personnel whose responsibilities include wage and hour matters must keep up to date on the latest developments, and understand and anticipate wage and hour risks so that these risks can be effectively managed through compliance programs and responses to early warning signs.  At the same time, given the sensitivity of these issues, it is critical for counsel on both sides to master best practices ...