Course List

Data privacy stands at the forefront of eDiscovery, bearing significant legal and ethical implications for attorneys. A failure to uphold stringent data privacy standards – especially Internationally – can lead to ethical violations, breach of sensitive data and hefty fines.

This CLE will teach attorneys the best ethical practices when managing U.S. eDiscovery of data that is stored abroad. Main topics covered: U.S. matters & cross-border legal considerations, international requirements, international technology & collection strategies, using eDiscovery & forensics technology in cross-border reviews and data disposition & reuse. Additional topics: FRCP Rule 1 – Cooperation, Form of Production – FRCP 34(b)(2)(E), data sources, ESI Orders/Stipulations, evolving data laws, global geopolitical factors & economic drivers, cultural differences, understanding data flows, legal hold best practices & scoping, data reservation strategies and collection considerations. The following ABA Model Rules are implicated: Rule 1.1 – Technological Competence, Rule 3.4 – Fairness to Opposing Party & Avoiding Spoliation, Rule 1.15 – Safekeeping Property and Rule 5.1 – Responsibilities of a Supervisory Lawyer.

Panelists include: Carolyn Bigg of DLA Piper (Global Co-Chair of Data Protection, Privacy & Security), Matthew Krengel of Cooley LLP (Discovery & Information Governance (IG) Counsel) and Alex Marjanovic & Chris Marks of Ankura Global Consulting (Senior Managing Director).

The Founding Fathers thought so highly of robust public discussion, they added the freedom of speech to the 1st Amendment to the Constitution — right after the freedom of religion. Unfortunately, many colleges do not place this same value on the right to free speech.

One junior college student was barred from passing out pocket Constitutions — on Constitution Day. Emory University told students they can’t hang Christmas decorations. And Syracuse University charged a student orientation leader with hazing & suspended her — because she helped organize an optional campus scavenger hunt. There are countless tales of colleges impermissibly chilling speech on campus and punishing students for legally exercising their free speech rights. In this CLE, Zach Greenberg will mainly cover: hate speech vs. free speech, the more speech approach, college standards & regulations, speech codes and free speech zones. Additional topics: public vs. private colleges, harassment policies, the “true threat” standard, thought reform at the University of Delaware and dealing with hateful speech. Zach will also discuss numerous case examples where colleges overstepped their bounds and trampled on student’s First Amendment rights.

A native New Yorker, Zach graduated from Binghamton University in 2013 and Syracuse Law in 2016. Zach developed an appreciation for free speech while leading the College Libertarians and the Federalist Society.

Moneyball. A book written about the Oakland A’s because their organization was the first to utilize research and analytics in baseball to achieve tremendous success on a limited budget. “Moneyball” has since crossed over into numerous industries — and now it’s available for trial lawyers.

How often does opposing counsel take cases to trial? What is your judge’s summary judgement record? How can analytics help you write more persuasive motions? How can legal information make you a better lawyer? Attorney Nicole Clark will show you how legal research, data & analytics can help you win your cases in state trial court. Main topics: Judge Analytics & Ruling History, Case Valuation & Verdict Data, Strategic State Trial Court Research & Alerts and Law Firm Intelligence. Additional subjects: potential risks of re-assignment, litigation & motion strategy, discussing case strategy with your client & setting expectations, the 4 Buckets of Data (1) Rulings (2) Dockets (3) Documents (4) Verdicts, rulings as outlines for motions, searching filed documents via legal issue, motion type & outcome, expert testimony, jury instructions, motions to disqualify and good faith settlements.

Nicole A. Clark is an attorney and the co-founder and CEO of Trellis. She previously worked as a litigator, where she quickly realized that leveraging legal research, data and analytics could transform the practice of law.

Not too long ago, lawyers wrote letters, sent faxes and relied on their reputation for integrity & intelligence to gain clients. Now attorneys email, tweet and advertise on Google, Facebook and Tik Tok.

With the advent attorney advertising in the 1980's, bar associations began re-emphasizing notions of professionalism as the practice of law became more of a business. Email, social media and AI have only made it more difficult for attorneys to practice with professionalism. In this CLE, Ron Daniels will opine on how modern lawyers can remain professional in our new electronic world. Main topics: The foundations of professionalism in the legal profession, what it means to be a professional, professionalism resources and professionalism scenarios for the 21st Century attorney. Additional topics: Ethics vs. Professionalism, the Lawyer's Creed, Georgia's Aspirational Statements on Professionalism, the Golden Rule, practicing with professionalism in your daily practice, civility & professionalism, email hijinks, 140 Characters of Mayhem and responding to negative Google reviews.

Ron E. Daniels is a trial attorney that represents clients in consumer protection cases. He fiercely and proudly represent Georgians in cases involving credit card, student loan and medical debt.

Referral fees are unethical. My state prohibits referral fees. Such fees must be based on ‘work performed’ and are only proper for contingency matters. Misconceptions abound.

The reality is that numerous state bars have noted that fee sharing is not only ethical — but it actually leads to better outcomes for clients. Come get cozy with Curt Brown and the rules of professional conduct as he surveys the regulatory frameworks of the ABA and all 50 states so you know the ethical landscape when referring or accepting cases from fellow attorneys in your state and around the country. Curt will primarily discuss common misconceptions, ABA Rule 1.5 and the ethical approach states have taken to promote referrals amongst attorneys. Curt will also talk about best practices, 4 common myths, joint responsibility, disclosures, “reasonable fees,” ongoing responsibilities after referring a matter, pure referral states, crossing state lines, international issues and dealing with nonlawyer companies and law firms based abroad. What Curt will NOT cover in this CLE: Referrals to & from Non-lawyers, Runners & Cappers and Lawyer Referral Services.

Mr. Brown is Co-Founder and Chief of Legal Innovation at Overture and also serves as Overture’s General Counsel. In 2023, he was named a Rising Star by Super Lawyers.

Do you know Michael Mandell, Anthony Barbuto or @TikTorTok?? You might not know them yet - but literally millions of other people do. Yes, even attorneys are breaking into the TikTok market… and some have 10M+ followers!!!

However, TikTok does not come without ethical concerns for attorneys, especially considering the constraints of attorney advertising rules. In this CLE, Cari Sheehan will detail the ethical issues associated with using social media & TikTok and review some attorney influencer videos to see if their online conduct truly comports with the Rules of Professional Conduct. Main topics covered: attorney advertising in a TikTok world, how artificial intelligence can help attorney advertising and ethical rules implicated in advertising on social media platforms. Additional subjects: how attorneys can educate, entertain & inspire on TikTok, how AI like ChatGPT & otter.ai can help attorneys, using disclaimers, YouTube, Facebook, LinkedIn, Twitter, Instagram, using TikTok for hiring & collecting evidence, the perks of successful advertising, showing your personality & humanizing the profession, the cons of TikTok and best practices for remaining ethical while advertising online.

Cari Sheehan is an Assistant Clinical Professor of Business Law and Ethics with the IU Kelley School of Business - Indianapolis where she teaches courses in Business Law and Ethics.

You get that lovely client call at 3:45 on a Friday afternoon. One of your newer business clients wants a demand letter drafted ? because a newly departed employee took her company cell phone. Good idea?

Yes, many clients just want you to reach into your files and fire off that demand letter before it's happy hour on Friday - but is that the best approach? Like Ted Lasso said, "be curious" and know the right questions to ask your client before initiating that first blow of litigation - maybe a simple phone call can resolve the issue? Presented by Shannon Bell, this extremely thoughtful & poignant CLE will provide real-world points on when & how to carefully craft demand letters to advance client goals. Main topics: the client call, the info you need to gather, what goes into the letter, the Decision Tree and ethical considerations. Additional subjects: choice of law, notice provisions, cure periods, trade secrets cases, departing employees, cease & desist, breach of contract, managing client expectations, demand letters & unwanted publicity, slowing things down, the nuclear option, legal obligations, required by law, conventional obligation (contract), tone, kinds of demands, avoiding coercion & threats and substance & style.

Shannon M. Bell has years of trial experience in state and federal courts and litigates a wide variety of complex business disputes, construction disputes, fiduciary claims, employment issues, and landlord/tenant issues, with a specialization in construction.

From donut shaped door handles, to the distinctive "scent of sweet, slightly musky, wheat-based dough" - better known as Play-Doh. Trademark law protects a wide variety of company & product logos, words, slogans and more.

Todd Fichtenberg will walk you through the wonderful world of trademarks and trademark law protections. Todd will mainly talk about what every attorney needs to know about trademarks, how trademarks protect brands in today's marketplace and counseling your clients on trademark registration and protection. Also discussed: service marks, certification marks, trade dress, product packaging, product design, store configuration, the distinctiveness spectrum, generic marks: cannot be registered, fighting genericide, acquired distinctiveness/secondary meaning, free speech & trademarks, disparaging marks, the notice of opposition, "scandalous & immoral," Likelihood of Confusion, dilution, blurring, tarnishment, parody, use application timeline 1(a), maintenance and trademark registration. Todd will also cover recent case law involving: Starbucks, Mutual of Omaha, Chewy Vuiton, NFTs, Jack Daniel's, Walmart vs. Kanye West (Yeezy) and Nike vs. StockX.

Todd A. Fichtenberg, Esq., has been a practicing attorney for over 11 years. Although Todd focuses his practice primarily on trademarks, he also has a wealth of experience in protecting creditors' rights in bankruptcy, probate & estate planning and business litigation.

What should go into an IOLTA Account... what should NOT go into an IOLTA Account? What is good recordkeeping? And why do I always have a negative balance?

Jessica Zoraida will answer all your key trust accounting questions and show you the best practices to remain compliant in your legal practice. Jessica will mainly cover: why good trust accounting is so critical, the risks of falling out of compliance, the benefits of adhering to best practices, Financial Statements basics, trust accounting requirements and what good trust accounting actually looks like. Additional subjects discussed in this CLE: the Model Trust Account Rules (MTAR), ethical & reputational risks of bad trust accounting, cash flow management, the Profit & Loss (P&L) or Income Statement, income & expenses, COGs (Cost of Goods Sold), assets & liabilities, shareholder equity, IOLTA Accounts, retainer vs. advanced deposits, client A/R software, Clio, Earned vs. Unearned Income, monthly reconciliations, FAQs, key takeaways and citations & references.

As a seasoned entrepreneur & CEO of Big Picture Results, Jessica focuses on helping profitable, growing companies make more money & do more in less time. Jessica has spent 25+ years navigating corporate, nonprofit & small business organizations.

Surviving prison as an innocent person is a surreal nightmare no one wants to think about. But it can happen to you - and those you love.

Justin Brooks has spent his career freeing innocent people from prison. Putting you at the defense table, this CLE forces us to consider how any one of us might be swept up in the legal system. From bad IDs to people telling lies, Justin provides the main reasons that people are wrongfully convicted and he offers detailed accounts of the cases he has worked on. Main topics: bad lawyering, differences in police work in the city vs. the country, you come home & find your partner dead, false confessions, junk science, Shaken Baby Syndrome, you have or care for a sick child, the jury is blinded by junk science, bad information from informants, and you are poor and/or a person of color. Additional topics: bite mark evidence, bad crime scene preservation, Relative Opinion Process, Cross-Racial Identifications, problems with Police line-ups, DNA testing & database, the Reid Technique, the CSI Effect, the McMartin Pre-School case and the Brian Banks case.

Professor Justin Brooks directs the LLM Program in Comparative Law in Spanish at the USD School of Law. As the program director, he administers a national moot court program in Mexico, and coordinates the work of 35 innocence organizations in Latin America.