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The breadth and depth of the Fifth Amendment’s protections are unparalleled: it guarantees each of us the fundamental rights of indictment by grand jury, no double jeopardy, no self-incrimination, fair trials and just compensation for taken property. In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.

Presenter: Peter Afrasiabi

Emerging artificial intelligence technology now allows human voices to be mimicked with incredible accuracy in addition to more traditional means of using soundalikes. Where voices of famous people are copied without their consent, the right of publicity under state law is set on a collision course with federal copyright law and in some cases, the First Amendment as well. Veteran intellectual property lawyer Peter Afrasiabi traces the origins of the right of publicity and explains how this right applies when recordings of mimicked human voices are used for commercial exploitation.

Presenter: Peter Afrasiabi

Veteran litigator Andrew Struve provides an overview of common forms of insurance coverage and discusses the key legal issues raised by various policies, including occurrence versus claims-made policies, notice of claims, and the duties to defend and indemnify, as well as many issues unique to Comprehensive General Liability (“CGL”), Employment Practices Liability Insurance (“EPLI”), and Directors & Officers Liability (“D&O”) policies. In the course of the program, Mr. Struve also provides invaluable guidance and practice pointers of which every lawyer should be aware when dealing with issues that implicate insurance policies.
Presenter: Andrew Struve

Arguing an appeal via video or audio conference in the age of the coronavirus (COVID-19) pandemic? This course gives you both the substantive and practical advice you need to have a successful oral argument in this unique and challenging medium.

In this installment of our Double Play series, our two, thirty-minute programs cover what #Metoo means for you and crisis management in a post-#MeToo environment. Recent public campaigns against sexual harassment and assault (e.g., #MeToo, Time’s Up) reflect a sea change in how individuals make allegations, how the media covers them, and how the general public views the remedy or response. This program provides practical and actionable advice for companies on how to construct a workplace environment that rejects sexual harassment. The #MeToo movement has dramatically raised the stakes for companies facing allegations of workplace sexual harassment, which can quickly turn into a public relations crisis that needs to be managed. This program provides timely, valuable and practical advice for counsel facing the many challenges associated with investigating, defending and managing crises arising from workplace sexual harassment claims.
Presenters: Susannah Howard; Adam Karr; J. Gordon Cooney, Jr.; Grace E. Speights

The world’s best advocates – starting with Cicero and carrying forward to the most skilled orators of today – use storytelling and credibility to make arguments that persuade and move their audiences. Because law schools and many law firms don’t teach or reward these polestars of advocacy, many lawyers lack these critical skills. This program in advanced advocacy teaches you how to become a gifted and credible storyteller capable of crafting truly compelling arguments on behalf of your clients.

While being a zealous advocate for your clients is of course an ethical obligation, it’s dangerous and unwise for lawyers to be overly-aggressive without considering the downsides. Experienced litigator and teacher of advocacy in law schools Peter Afrasiabi discusses the need to be balanced in your advocacy so you can avoid the downsides of over-aggressive lawyering, including lost opportunities, damaged credibility and lost objectivity. Peter also illustrates with vivid examples how following four key tenets of advocacy – integrity, competency, goodwill and dynamism – can make you the best possible advocate for your clients.
Presenter: Peter Afrasiabi

This course reviews issues relating to copyright infringement, including an overview of recent case law on authorship and how copyright law allocates the rights under authorship.  This course also includes a discussion of the future of copyright’s authorship doctrine.

Anti-SLAPP statutes, the state laws that provide a mechanism for relatively quick and inexpensive resolution of lawsuits that target exercise of First Amendment rights on public issues, are in a state of rapid change across the nation.  Ben Sheffner, and J.P. Jassy, two experts on anti-SLAPP litigation, explain how these laws work and guide you through the latest anti-SLAPP developments in California and across the country, including recent efforts to promulgate a uniform anti-SLAPP law for the states and a federal anti-SLAPP law covering state and federal law claims to be enforced in the federal courts.

Arguing an appeal via video or audio conference in the age of the coronavirus (COVID-19) pandemic? This course gives you both the substantive and practical advice you need to have a successful oral argument in this unique and challenging medium.

Whether you’ve won or lost in the trial court, pivoting successfully from trial court to appellate litigator can make the difference between losing and winning your appeal. This course provides sage advice on how to prepare for and present your oral argument to an appellate court to help you win your next appeal.

How did European rock star and liberal activist Bono persuade conservative North Carolina Senator Jesse Helms to withdraw his opposition to an AIDS Relief Bill when the two met face-to-face in September 2000? Bono achieved this unexpected result – that likely saved millions of lives around the world – through his mastery of the two cardinal principles of persuasion: storytelling and credibility. Drawing upon the timeless insights of Aristotle, Cicero and modern practitioners like Bono, Peter Afrasiabi reveals the secrets of persuasion that you can start using today in your practice (and your life) to make you a compelling advocate for the people and the causes you champion.
Presenter: Peter Afrasiabi

Not since the 1980’s has the Supreme Court taken up so many “fair use” copyright cases, reflecting the need to adjudicate often novel disputes between copyright holders and parties seeking to use copyrighted works in the context of new technologies. Experienced intellectual property and appellate litigator, Peter Afrasiabi sets the stage by tracing the history of the “fair use” doctrine over the past forty years and offers his predictions for how the Court’s decisions could substantially change how the “commercial” and “transformative” elements of the “fair use” test will apply going forward. 
Presenter: Peter Afrasiabi

This course reviews the the curious case of copyright in the First Amendment skein, including examples from tabloids. The program includes an overview of the DMCA Safe Harbor, including the notice and takedown procedure, as well as a view on censorship.
Presenter: John Tehranian

When you buy a DVD of a movie that comes with a code for a digital copy of that film, can you re-sell that code? This simple question raises complex issues of contract and copyright law, including issues of first impression as the courts decide how existing rules should apply to digital movies.  Copyright experts Devin McRae, Aaron Moss and Robert Rotstein analyze and debate the key issues raised by this lawsuit and offer their seasoned predictions for how the courts will resolve them.

Fighting lawyers, fighting witnesses (literally), threats, put downs and other improper behavior – these are just a few of the deposition disasters that have been caught on camera, including infamous celebrity deponents Justin Bieber and Lil Wayne. In this entertaining program, veteran litigator Peter Afrasiabi chronicles some of the worst deposition disasters and the lessons that can be gleaned from the improper behavior of the lawyers and witnesses involved. This program will be useful for litigators of all levels and highly entertaining for lawyers of every stripe.
Presenter: Peter Afrasiabi

In this installment of our Double Play series, our two, thirty-minute programs cover avoiding class actions and limiting exposure with effective waivers. More than 5,000 class action lawsuits are filed each year in the state and federal courts in the United States, which means that thousands of lawyers just like you will face the unhappy task of dealing with a class action. Thankfully, there are steps we can take as lawyers to make sure our companies are not easy targets, and to deal effectively and efficiently with a class action lawsuit if and when one is filed. Is arbitration right for your company in agreements with its customers and employees? If it is, how do you craft an enforceable arbitration clause that includes a waiver of the right to assert claims on behalf of a class? This program tells you what you need to know -- and factors you must consider -- when thinking about including arbitration and class action waivers in your contracts.

Presenters:Jeffrey S. Jacobson; Ezra D. Church

Copyright terminations are a hot topic these days, but what do practitioners really need to know when they are representing the creator or assignee of copyrighted works where copyright termination issues are present? Experienced intellectual property litigators and counselors discuss some advanced topics that arise when representing clients faced with copyright termination issues in connection with literary and musical works, including the most common pitfalls that lawyers face in this area, while providing practical advice on how to advise clients on both sides of the issue.

Bill O’Brien reviews the holding in the case of STAR ATHLETICA, L.L.C. v. VARSITY BRANDS, INC., including a discussion of copyrightability of useful articles, including physical and conceptual separability. There is also a deep dive into the differing opinions of the Supreme Court Justices, as well as some insight as to what the case means to the future of copyrightability of useful articles.
Presenter: Bill O'Brien

In this installment of our Double Play series, our two, thirty-minute programs cover lessons from data breach war stories and responding to healthcare data breaches. Data breaches are so common and affect nearly every industry, is there anything your company can do to prepare for what are always chaotic and highly fact-specific crises? In this program, you'll learn the lessons of some data breach cases that can help you protect your company when facing a data breach. This program also provides timely, actionable advice that includes the 5 things you can start doing today to help prevent data breaches and better prepare your company to respond to them if they do occur, focusing on the healthcare space where data breaches can include disclosure of personal health information regulated by state and federal laws including the Health Insurance Portability and Accountability Act (HIPAA).
Presenters: Jennifer C. Archie;W. Reece Hirsch

The right of every person to control the commercial use of his or her identity – also known as the right of publicity – is of paramount concern for celebrities whose names, images, likenesses and voices can generate millions of dollars in revenue. This program reviews the statutory and common law foundations of the right of publicity while discussing the legal issues that have arisen in famous cases involving celebrities (living and dead) including Elvis Presley, Marilyn Monroe, Bob Dylan, Bette Midler, Nancy Sinatra, Vanna White and Jimi Hendrix.
Presenter: Peter Afrasiabi

Experienced First Amendment litigator Peter Afrasiabi uses the facts of the notorious Johnny Depp/Amber Heard trial to provide an expert overview of the tort of defamation, including the elements, defenses and damages. This program includes several critical pieces of advice for practitioners who may be considering filing a defamation claim on behalf of a client to avoid the many traps for the unwary that lie in wait in cases where allegedly defamatory statements are placed in issue.
Presenter: Peter Afrasiabi

How well do you know the requirements for use of a work to qualify as “fair use” under copyright law? Experienced intellectual property litigator Peter Afrasiabi explains the rules in clear terms – for copyright aficionados and novices alike – while engaging in a lively discussion of key cases where famous works by Dr. Seuss, J.D. Salinger, Raymond Carver, Elvis, Prince, U2, Green Day, Gene Roddenberry (the creator of Star Trek) and many more were at issue.
Presenter: Peter Afrasiabi

Using some examples of lawsuits involving Ford, Ferrari and other famous cars, this program reviews how courts have applied the standards for trade dress protection in the context of litigation over automobile designs. The presenter also shares several important practice tips for litigating claims of trade dress infringement involving any type of product.
Presenter: Peter Afrasiabi

This program reviews how courts have applied the substantial similarity test for copyright infringement in the context of popular feature films and television series. The presenter also shares several important practice tips for litigating copyright infringement cases when feature films and television series are in issue.
Presenter: Peter Afrasiabi

In this first course in the series, the presenter shows you how to use “Decision Analysis” - a powerful framework for making decisions that involve substantial uncertainty - to find the optimal solution to routine problems faced by lawyers and their clients such as whether to settle a lawsuit or take it to trial, whether to close a deal for the sale of an asset, or whether to take a speculative tax deduction.  The written materials for this course includes an Excel file that you can use as a template to model and solve similar problems for you and your clients that arise in your practice.
Presenter: Zach McGee

In this second course in the series, the presenters teach the basics of financial statement analysis that will help you answer important questions such as: Is this company doing well or poorly? Is it overvalued or undervalued relative to the price set by the market? Does its financial statements contain any “red flags” that suggest it may be hiding or misrepresenting its financial condition or performance? Topics include: (i) The Big Picture: Why Do Financial Statement Analysis? (ii) Overview of Key Financial Statements: The Balance Sheet, Income Statement and Statement of Cash Flows (iii) Financial Statement Analysis Part I: Common Size and Ratio Analysis; and (iv) Financial Statement Analysis Part II: Red Flag Review.
Presenters: Zach McGee; Ted Russell

After Harvey Weinstein reportedly directed his lawyers to hire a PI firm to gather dirt on actor Rose McGowan who had accused him of sexual misconduct, can his lawyers be held liable for the actions of the PI firm? Peter Afrasiabi answers this and other key questions for lawyers while reviewing the myriad federal, state, criminal and civil laws that govern the conduct of private investigators.
Presenter: Peter Afrasiabi

Veteran litigator Andrew Struve provides an overview of common forms of insurance coverage and discusses the key legal issues raised by various policies, including occurrence versus claims-made policies, notice of claims, and the duties to defend and indemnify, as well as many issues unique to Comprehensive General Liability (“CGL”), Employment Practices Liability Insurance (“EPLI”), and Directors & Officers Liability (“D&O”) policies. In the course of the program, Mr. Struve also provides invaluable guidance and practice pointers of which every lawyer should be aware when dealing with issues that implicate insurance policies.
Presenter: Andrew Struve

In this fast-paced course, renowned mediators and former Presidents of the International Academy of Mediators, Hon. John Leo Wagner (Ret.) and Michael D. Young, provide lawyers with specific and practical tips and advice to turn every mediation into a productive and constructive process that achieves the best possible results for the client.  This course goes beyond the basics and delves into some of the more subtle and intricate maneuvers in the mediation process that can make the difference between a dream mediation . . . and a nightmare.

Veteran litigator Andrew Struve shares his list of things lawyers should take care not to do if they want to avoid pissing off the judges hearing their matters. The insights range from the obvious (if you stop to think about them) to the very subtle (including some that only the most experienced litigators know) and his guidance will be highly beneficial for all litigators – whether you’ve been practicing for 20 minutes or 20 years. The program includes a handy checklist of 30 things you should never do in court that you’ll find yourself consulting again and again as you prepare for each new court appearance.
Presenter: Andrew Struve

You’ve landed a coveted job as an associate at a BigLaw firm – now what? Veteran law firm lawyer Andrew Struve shares his sage advice gleaned from decades of service on BigLaw firm management, associate review, assignment and promotion committees on what you should do – and definitely should not do – if you want to succeed in this environment. Paying careful attention to Andrew’s insights might help you become a rockstar associate, and also might save you from needlessly wrecking your legal career. This program will benefit associates of all levels working in all manner of law firms whether large or small.
Presenter: Andrew Struve

Experienced intellectual property litigator Peter Afrasiabi provides an overview of the key copyright, patent, trademark and trade secret questions that transactional lawyers should be asking when they perform due diligence reviews on behalf of their clients. Intellectual property assets are different from traditional assets in many critical respects, and failure to ask the right questions could lead to unpleasant surprises – and litigation – after a transaction is consummated. The course includes a checklist every transactional lawyer should be using when performing due diligence of valuable copyright, patent, trademark or trade secret assets to ensure that all the bases are covered.
Presenter: Peter Afrasiabi

As a lawyer who doesn’t practice intellectual property law, you might be tempted to think that the law of copyright, trademark, patent and trade secrets doesn’t apply to you – but you’d be wrong.  At the end of this course, you’ll not only be able to spot intellectual property issues when they arise in your practice but have a good sense of how to deal with them, and also when you may want to bring in an expert to provide additional advice or assistance.

For transactional lawyers and litigators in California, and importantly, for those outside the state who may have clients that send goods into commerce that may touch California, this program provides an important overview of California’s famed – and feared – unfair competition law: Business and Professions Code Section 17200. Experienced litigator Peter Afrasiabi provides an overview of Section 17200, including a discussion of recent California Supreme Court decisions interpreting the law, as well as several key practice pointers to help you avoid the pitfalls and liability traps Section 17200 creates for the unwary.

Presenter: Peter Afrasiabi

Did the TV series “Battlestar Galactica” infringe on the copyrights owned by Lucasfilm in the movie “Star Wars”? Experienced intellectual property litigator Peter Afrasiabi reviews this famous case and several others where the copyright, trademark and right of publicity interests in “Star Wars” were litigated. Along the way, Peter provides an expert overview of copyright, trademark and right of publicity law that will be useful for all practitioners.
Presenter: Peter Afrasiabi

In this installment of our Double Play series, our two, thirty-minute programs cover five lessons from white-collar investigations and conducting defensible internal investigations. There are few things senior executives fear more than criminal prosecution, and that's with good reason because being prosecuted can ruin lives, reputations, finances -- both corporate and personal -- marriages, and families. This program provides practical advice for counsel on how their companies can seek to avoid triggering a criminal investigation and what to do if you're faced with one. With whistleblower complaints skyrocketing, how can companies conduct internal investigations that will be defensible to the SEC and other regulators? This program shares five key lessons for in-house lawyers as they are considering launching, managing and reporting the results of internal investigations.
Presenters: Marc H. Axelbaum; Susan D. Resley

Delivering the 12th Annual Robert I. Weil Memorial Lecture, Professor Carrie Menkel-Meadow discusses the many issues that arise when dispute resolution professionals blend mediation principles and processes into arbitration or vice versa. While blended processes can have advantages over “pure” mediation or arbitration in certain cases, everyone involved need to ensure that “hybrid” processes give the parties adjudication of issues where needed, preserve their ongoing relationship where desired, and not cause the mediator, arbitrator or the lawyers representing the parties to violate the conflict of interest or other legal ethics rules that apply to the dispute resolution process.

Presenter: Carrie Menkel-Meadow

In this installment of our Triple Play series, our three, thirty-minute programs cover what separates the best in-house lawyers from the rest, mitigating risks and managing costs in complex litigation and Negotiation 101. Most in-house lawyers meet the basic requirements of their jobs, responding to internal clients and keeping up to date on the relevant law. But what makes an in-house lawyer stand out as a great lawyer? There are six key areas where in-house lawyers should focus their efforts. As a lawyer who manages litigation, mitigating risks may seem at odds with managing costs. In this business of law program, you will learn how companies are using their own data to manage both litigation risk and cost. For years, law and business schools throughout the world have been teaching proven strategies and techniques that can make you a better negotiator. This program distills those teachings into the most important concepts and techniques that the best negotiators use to achieve great results.
Presenters: Theodore A. Russell; Oswald B. Cousins; Catherine Krow; David C. Lee

Legal writing is something you do every day, but not all lawyers do it as well as they should. Legal writing often goes wrong because we started writing before we took sufficient time to consider the audience and the goal we are trying to achieve. In this program, veteran litigator Andrew Struve provides sage advice and practical tips for effective and persuasive legal writing including how to: Tailor your writing to appeal to the reader and to achieve your underlying purpose; Focus your writing to achieve the key objectives of clarity, organization, conciseness, persuasiveness and credibility; and Avoid common errors that distract the reader and detract from the persuasiveness of your writing. The program includes an outline of tips and tricks that you can refer to the next time you are drafting an important legal document.
Presenter: Andrew Struve

In this installment of our Double Play series, our two, thirty-minute programs cover winning on appeal and how to know if your litigator is failing you. Whether you’ve won or lost in the trial court, pivoting successfully from trial court to appellate litigator can make the difference between losing and winning your appeal. This program guides you through the strategic decisions you need to make and the practical steps you need to follow to brief, argue and win your next appeal. Just because very few cases end up going to trial doesn't mean you don't need to prepare for trial in every case. Successfully defending claims in litigation requires your company to tell a compelling story to the judge and jury, and trial lawyers are highly skilled at developing and telling those stories. This program provides valuable insights and advice for in-house counsel selecting outside litigators and managing litigation from commencement through to settlement or trial.
Presenters: Peter Afrasiabi; Chris Arledge

As an in-house lawyer, you may be expected to manage litigation involving your company, but if you lack experience in this area, what can you do to ensure that you manage your litigation matters and outside counsel most effectively and efficiently? In this course, experienced law firm litigator Andrew Struve gives you the advice you need to identify the key issues, ask the right questions and make the best decisions when managing your next litigation
Presenters: Andrew Struve

How do you like your Internet – free and open, or the opposite of that? This program gives you the background you need to understand the current “Net Neutrality” debate and to interpret whatever comes next as these key telecommunications law issues get resolved by Congress, the FCC and the courts.
Presenter: Tom McNamara

This course reviews the requirement of non-obviousness in patent litigation, including requirements not based on prior art and the requirements for patentability. The course also covers a review of novelty, obviousness, and the hypothetical standard, as well as an overview of the stages of a patent litigation.

This program includes a review of the fundamental components of persuasive writing including consideration of the goal and audience, critical thinking, ethos, pathos and effective storytelling.

In this installment of our Double Play series, our two, thirty-minute programs cover The Drying of the World and the Cannabis Industry Gold Rush. What would your company do if it ran out of water? For many reasons -- including climate change and population growth -- this is not merely a hypothetical but a real risk that your company needs to assess and manage. This program provides the guidance you need to evaluate and address the water risks your company faces while suggesting ways your company may be able to transform water risks into business opportunities. In the United States, cannabis is growing faster than any other industry and is expected to generate over $20 billion by 2020. But investing in cannabis, or doing business with companies involved in cannabis production or distribution, comes with substantial legal and other risks. This program offers practical advice to avoid the most common pitfalls when companies choose to invest in cannabis or do business with companies in that industry.
Presenters: Buzz Thompson; Chris Arledge

This course provides a whirlwind primer on poverty, homelessness, welfare and the public policies and laws that shape those issues, including some startling statistics on what it costs to live and the costs of being poor.  This course concludes with a sneak peek into what the current Administration and Congress may have in store for low income households.

This program reviews recent developments in Section 230 of the Communications Decency Act, including its basic principles and plaintiffs’ common attempts to work around its immunity. It also includes an in-depth look at the California Supreme Court’s 2018 decision in the Hassell v. Bird case and the new Federal Legislation, FOSTA, and concludes with Section 230 tips and best practices. 

A distinguished panel of experts debates recent developments in the law of arbitration as it applies to consumers and employees following the U.S. Supreme Court’s decisions in AT&T Mobility v. Concepcion, 563 U.S. 333 (2011) and DIRECTV, Inc. v. Imburgia, 577 U.S. ___, 136 S.Ct. 463 (2015), and the California Supreme Court’s decisions in Iskanian v. CLS Trans. Los Angeles, LLC, 59 Cal.4th 348 (2014), Sandquist v. Lebo Automotive, Inc., 1 Cal. 5th 233 (2016) and McGill v. Citibank, 2 Cal.5th 945 (2017). The panelists also predict how the Supreme Court will decide a trio of cases pitting its decision in Concepcion against the National Labor Relations Board’s position that the National Labor Relations Act requires that employees be allowed to bring class actions either in court or in arbitration.
Presenters: Howard Miller; Theane Evangelis; Rex Heinke; Judge William F. Highberger; Cliff Palefsky

This course provides a fascinating overview of basic IP law with a focus on the specific rules that get triggered by clients who are in industries that push the edges of social norms, such as medical marijuana, adult content and the rock n roll music industry. It also addresses the fascinating morality standards that apply and are used sometimes in the trademarking and patenting process to limit the scope of trademarks and patents in matter that is deemed scandalous by the government.
Presenter: Peter Afrasiabi

This course explores and analyzes the immigration court system; what happens in it and how it is very different from other courts. Peter Afrasiabi reviews real world examples of how people have been deported in absentia for missed hearings and other horror stories.
Presenter: Peter Afrasiabi

In this installment of our Triple Play series, our three, thirty-minute programs cover false advertising litigation, companies discovering social media and copyright takedowns, shakedowns and the DMCA safe harbor. These days, manufacturers of nearly every consumer product under the sun are catching false advertising claims. If you make a consumer-facing product, the odds are, litigation like this is not a matter of if but when, which means, false advertising litigation is just another business risk to be managed, mitigated, and optimized. This program takes a closer look at the landscape, and offers some practical advice and key considerations for how a business might implement some systems to manage this risk. Social media can be a powerful tool for companies to help build relationships with their customers and employees. However, with the benefits of this tool come corresponding risks. If your company distributes content on-line, the Digital Millennium Copyright Act can be your best friend -- and your worst enemy -- often at the same time. This program gives you the advice you need to prosecute or defend on-line copyright infringement claims.
Presenters:Hannah Chanoine; Carolyn S. Toto; John Tehranian

Zach McGee takes the stage with the cast of the classic film “This is Spinal Tap” and belts out an expert critique of their $400 million “Hollywood Accounting” lawsuit against Vivendi.

What is storytelling and why is it so important for all lawyers – litigators, transactional and in-house lawyers – to do it well in service of their clients? Experienced appellate lawyer and advocacy teacher at the UC Irvine School of Law Peter Afrasiabi shares the secrets of storytelling that you can help make you an even more compelling and credible advocate for your clients in any fora and when it matters most.
Presenter: Peter Afrasiabi

The COVID-19 pandemic made taking and defending depositions remotely a necessity, but the many benefits of this procedure, including time, efficiency, cost, and avoidance of unnecessary travel, ensure that remote depositions are here to stay. Experienced litigator Andrew Struve guides you through what we have learned about remote depositions so far and provides you with the key advice that you need to ensure that your next experience taking or defending a deposition remotely achieves the best possible results for you and your clients.
Presenter: Andrew Struve

This course provides an in-depth review of the California Fair Pay Act, including an analysis of the new rules and what employers should do to comply. The course concludes with some practical advice, including compliance tips and some challenges associated with complying with the new rules.

Would it surprise you to learn that multi-million dollar legal battles have been fought over shoes? In the latest installment of this popular series, Peter Afrasiabi provides expert analysis of the “shoe wars,” including how courts apply the law of trademark, patent and trade dress to footwear designs in cases involving famous brands such as Adidas, Sketchers, Christian Louboutin, Yves Saint Laurent, Nike, Steve Madden, Converse and Crocs.
Presenter: Peter Afrasiabi

Did you know that the Eighth Amendment – which prohibits excessive bail, excessive fines and cruel and unusual punishments – has been used to challenge not only the death penalty, but also the imposition of solitary confinement and the even requirement of cash bail? In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.
Presenter: Peter Afrasiabi

The breadth and depth of the Fifth Amendment’s protections are unparalleled: it guarantees each of us the fundamental rights of indictment by grand jury, no double jeopardy, no self-incrimination, fair trials and just compensation for taken property. In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.

Presenter: Peter Afrasiabi

Did you know that the Ninth Amendment – which provides that rights enumerated in the U.S. Constitution shall not be construed to deny other rights held by the people – is part of the reason you have a constitutionally-protected right to use contraceptives? In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.
Presenter: Peter Afrasiabi

Did you know that the U.S. Supreme Court had decided only two cases interpreting the Second Amendment prior to 2008? Since then, and starting with the Supreme Court’s Heller decision, the Second Amendment has become a hotbed of activity at the High Court and in the lower federal with important decisions coming down nearly every year.  In the latest installment of this popular series, Peter Afrasiabitakes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy.
Presenter: Peter Afrasiabi

Did you know that the Seventh Amendment – which guarantees the right to a trial by jury in certain cases – does not require jury trials in civil cases in state courts? In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.
Presenter: Peter Afrasiabi

How well do you know the scope of the Sixth Amendment’s fundamental guarantees of the rights to trial, counsel, an impartial jury and ability to confront the witnesses against you? In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.

Presenter: Peter Afrasiabi

Could a President of the United States order a nationwide lockdown in response to a future pandemic? The answer lies in part on the meaning of the Tenth Amendment’s reservation of non-delegated powers to the states. In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.
Presenter: Peter Afrasiabi

Did you know that the Third Amendment – which prohibits quartering soldiers in private homes – is part of the reason you have a constitutionally-protected right to use contraceptives? In the latest installment of “The Curious Lawyer” series, Peter Afrasiabi takes a deep dive into each of the ten amendments in the Bill of Rights, reminding us what each amendment protects and illustrating its impact on the other constitutional protections we enjoy. Whether you are a budding constitutional scholar or simply looking for interesting facts to share at a cocktail party, the Bill of Rights series is for you.
Presenter: Peter Afrasiabi

What are the major sources of law for the CIA, and how does those laws apply to spying, secrecy and torture? In the latest installment of this popular series, Peter Afrasiabi answers these and many other interesting questions while reviewing the laws that govern the CIA and reviewing some myths about the CIA.
Presenter: Peter Afrasiabi

What exactly are the "paparazzi" and what laws regulate their behavior? Reciprocally, what laws protect celebrities from paparazzi and exploitation of their personas? In the latest installment of this series, Peter Afrasiabi answers these and many other interesting questions related to celebrities and their paparazzi followers, while reviewing the history of the regulation of paparazzi, the laws that govern the manner of capturing celebrity photos and ownership of photos, as well as the rights of celebrities to control their likeness and persona through the legal system.

If I get divorced, who keeps the dog?  In the first installment of this series, Peter Afrasiabi answers these and many other interesting questions while reviewing the laws that govern dog ownership and conduct, including issues of constitutional, copyright, criminal, disability, divorce, property, tort and trespass law.
Presenter: Peter Afrasiabi

In the next installment of this popular series, Peter Afrasiabi asks a simple question: Are you ready for some football? For more than 150 years, the game of football has occupied a unique position in the United States in terms of the legal regime that governs teams and the leagues in which they play. Peter discusses the antitrust decisions and other key developments that have allowed American football to become the global powerhouse it is today.
Presenter: Peter Afrasiabi

In the latest installment of this popular series, Peter Afrasiabi sets his sights on James Bond to examine the convoluted litigation history that underlies this immensely popular, global motion picture franchise. Peter chronicles the key legal disputes that plagued the franchise for much of its storied history, and discusses the interesting and complex legal issues those disputes raised, including copyright infringement, contractual work-for-hire and assignment, fair use, satire, parody and trademark.
Presenter: Peter Afrasiabi

What are the legal framework and historical basis for presidential pardons, and can a president self-pardon or issue pre-emptive pardons? In the latest installment of this popular series, Peter Afrasiabi answers these and many other interesting questions while reviewing the laws that govern presidential pardons.
Presenter: Peter Afrasiabi

On a diving trip, you find and recover a treasure chest in the wreckage of an ancient ship. Does the playground doctrine of “finders, keepers” apply or is legal title to your “booty” governed by international or domestic law? In the latest installment of this popular series, Peter Afrasiabi reviews the laws that apply to the recovery of antiquities, including coins, artifacts, artwork and even human remains.
Presenter: Peter Afrasiabi

Why is an actor who is paid to have sex on camera in a pornographic film not guilty of prostitution? In the latest installment of this popular series, Peter Afrasiabi answers this and many other interesting questions while reviewing the laws that govern sex, human sexual conduct, and the viewing of sexual conduct, including issues of constitutional, copyright, criminal, family and trademark law.
Presenter: Peter Afrasiabi

In the next installment of this popular series, Peter Afrasiabi takes a fun look at what the Constitution – as well as the criminal and tort law – have to say about sex, including those who choose to record it or lie about it. This program includes an overview of laws regulating sexual behavior (e.g., adultery, incest, obscenity), voyeurism (e.g., pornography, revenge porn, peeping Tom laws) and lying about sex (e.g., right to lie, perjury).

Who owns the moon?  In the latest installment of this series, Peter Afrasiabi answers this and many other interesting questions while reviewing the laws that govern mankind’s use of space, including issues of criminal, international, property, tort and transportation law.
Presenter: Peter Afrasiabi

When Facebook’s parent company recently changed its name to “Meta,” was that the first time you heard the term “Metaverse”? What is “The Metaverse” and what legal issues does it raise as people begin to socialize, work and share experiences in this new virtual/augmented reality space? In the latest installment of this popular series, Peter Afrasiabi answers these important questions that already are creating issues of first impression in copyright, trademark, right of publicity, criminal and sex law.
Presenter: Peter Afrasiabi

Is there a part of Yellowstone National Park where no one may be charged with any crime? Peter Afrasiabi traces the history of Yellowstone and examines relevant provisions of the U.S. Constitution and federal law to provide an answer to this fascinating legal question.
Presenter: Peter Afrasiabi

As a lawyer who doesn’t practice constitutional law, how much do you really know about the right to privacy – the right Justice Brandeis famously called “the most comprehensive of rights and the right most valued by civilized men”? In the latest installment of this popular series, Peter Afrasiabi traces the origins of the constitutional right to privacy and explains how this right also protects us today under state statutes, common and tort law. The discussion includes famous cases involving Jaqueline Kennedy Onassis, Barbra Steisand, Bette Midler and Vanna White who sued to block paparazzi and others from using their names, images, likenesses or voices for commercial gain. 
Presenter: Peter Afrasiabi

This program walks you through the basics of copyright law in the music realm, for generalists or IP lawyers alike, with a set list of music from U2 as the backdrop to explore critical copyright issues such as the idea-expression line, infringement, sampling, joint authorship, compulsory license, public performance rights, fair use, and more.
Presenter: Peter Afrasiabi

Given the rise in publicity surrounding recent sexual harassment cases, this course provides a timely look at the fate of confidentiality provisions in employment settlement agreements, including an overview of basic elements of confidentiality provisions in employment agreements and settlement agreements, the rationale behind them and remedies for breach of confidentiality provisions.  The presenters also discuss whether employment settlement agreements should be confidential and the legal limitations on such provisions, including a proposed ban on secret settlement agreements in sexual harassment cases, and suggest some best practices for drafting confidentiality provisions.
Presenters: Esra Hudson; Cherise Latortue

This course reviews the history of consent decrees in the music industry, including an in-depth discussion regarding the formation of performing rights organizations, as well as some practice pointers on record label agreements, publishing agreements and songwriter royalties.
Presenter: Tom McNamara

As lawyers, we make arguments on behalf of our clients every day, but how often do we pause to consider the fundamental principles of advocacy that can help make our arguments as persuasive as possible to our intended audience? Experienced trial and appellate lawyer, law professor and co-author of the book “To Prove, To Please, To Move: Timeless Principles of Legal Advocacy,” Peter Afrasiabi explains how you can use the fundamental insights of Aristotle, Cicero and other great advocates to make your best arguments on behalf of your clients. 
Presenter: Peter Afrasiabi

Emerging artificial intelligence technology now allows human voices to be mimicked with incredible accuracy in addition to more traditional means of using soundalikes. Where voices of famous people are copied without their consent, the right of publicity under state law is set on a collision course with federal copyright law and in some cases, the First Amendment as well. Veteran intellectual property lawyer Peter Afrasiabi traces the origins of the right of publicity and explains how this right applies when recordings of mimicked human voices are used for commercial exploitation.

Presenter: Peter Afrasiabi

Did you know that famous cases involving the original Superman comic books and classic works by John Steinbeck can have serious implications for your clients, particularly if you represent artists, writers, musicians, architects or even engineers? Experienced intellectual property litigator Peter Afrasiabi provides the key guidance that you need to know about how copyright operates when estates are transferred, including that previously assigned copyrights can be recovered by authors or heirs, transfer of copyright through a trust is not protected and copyrighted works are assets that may be worth large sums of money to heirs of the creator.
Presenter: Peter Afrasiabi

Whether you’ve won or lost in the trial court, pivoting successfully from trial court to appellate litigator can make the difference between losing and winning your appeal. This course guides you through the strategic decisions you need to make and the practical steps you need to follow to file, brief, argue and win your next appeal.