With a nod to Simon & Garfunkel, veteran patent litigator William O’Brien takes you through 15 ways to win – and 10 ways to lose -- your patent case, including the critical issues you must consider at every stage to ensure that you obtain the best outcome whenever important patents are in dispute.
Presenter: Bill O'Brien
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.
Presenter: Peter Afrasiabi
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.Presenter: John Tehranian
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.Presenters: J.P. Jassy; Ben Sheffner
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.
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 provides sage advice on how to prepare for and present your oral argument to an appellate court to help you win your next appeal.
Presenter: Peter Afrasiabi
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.Presenters: Devin McRae; Aaron Moss; Robert Rotstein
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
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.
Presenters: Aaron Moss; Dan Stone
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
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
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
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.
Presenters: John Leo Wagner; Mike Young
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.
Presenter: Peter Afrasiabi
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
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
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
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 litigators give 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; Susan Page White
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.
Presenter: Bill O'Brien
The 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.
Presenter: Bill O'Brien
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.
Presenter: Paul Tepper
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.
Presenter: Kevin Vick
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
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.
Presenter: Zach McGee
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.
Presenter: Zev Eigen
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 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 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.
Presenter: Peter Afrasiabi
In the next installment of this popular series, Peter Afrasiabi highlights some crazy, weird criminal, family, tort and regulatory laws that you can’t believe are still on the books in 2021. Examples include laws that criminalize adultery for both spouses and their lovers, require fortune tellers to meet a residency requirement, prohibit the sharing of online passwords and perhaps most shockingly, create a potential “law-free” zone in a corner of Yellowstone National Park where no federal venue exists to prosecute offenders.
Presenter: Peter Afrasiabi
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 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
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).
Presenter: Peter Afrasiabi
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
What is the Secret Service, what is their jurisdiction, who do they protect and how do they do it? In the latest installment of this popularseries, Peter Afrasiabi answers these and many other interesting questions while reviewing the laws that govern the Secret Service.
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
Drawing upon decades of practical experience and research, Ted Russell shines a bright light on the dirty tricks that other parties are probably already playing on you in negotiations. These tactics are not just explained in concise terms, but they are demonstrated
using professional actors who engage in these dirty tricks right before your eyes.
Presenter: Ted Russell
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
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.
Presenter: Peter Afrasiabi
Experienced intellectual property litigator Peter Afrasiabi discusses online tort liability and the federal safe harbors that govern on-line platforms such as Yelp and YouTube under the Communications Decency and Digital Millennium Copyright Acts. This program also explains how copyright infringement principles operate in the Internet world, and how the safe harbors work to protect online service providers . . . and where they don't.
Presenter: Peter Afrasiabi
In this fun and timely program, Peter Afrasiabi examines the colorful history of politicians using popular songs at campaign events and the legal disputes with musicians who opposed their works being used in this way. From such famous examples as President Reagan using Bruce Springsteen’s “Born in the USA” and President Trump using Neil Young’s “Rockin’ in the Free World,” this program delivers a tour-de-force analysis of copyright, trademark and right of publicity law applied to musical compositions used to sell political campaigns.
Presenter: Peter Afrasiabi
Veteran litigators Andrew Struve and Susan Page White walk step-by-step through the key actions and decisions every litigator must take at the outset of a matter to ensure a smooth start and that nothing is missed. The speakers also share an easy-to-follow checklist that all litigators – from the most junior to the more experienced – will find highly valuable to use for every matter that comes in the door.
Presenters: Andrew Struve; Susan Page White
Handling a lying witness – whether on deposition or on the witness stand at trial – requires both careful planning and consideration of your overall case strategy. Experienced trial lawyer Paul Fraidenburgh gives expert guidance on what steps you should take when a witness you are examining strays from the facts to ensure that you maximize the benefits for the client you represent. Paul will share valuable tips that will help you with your examinations of all witnesses (lay and expert) in all settings (depositions and trial).
Presenter:Paul Fraidenburgh
In this fun, topical and engaging course, veteran litigator Andrew Struve examines the legal, ethical and practical implications of dealing with unethical adversaries, co-counsel and clients who don't play by the rules, and provides sage advice on how to deal with bad behavior by others in the moment. This program includes an overview of the legal ethics rules that most often come into play in this context, including an attorney’s duties of competency, diligence, loyalty, confidentiality and candor.
Presenter: Andrew Struve
This course discusses the ethics involved in disqualification motions and the standards by which motions can and should be brought, and should not be brought, along with the governing patchwork of regimes of ethics standards that regulate attorney conduct. The presenter reviews these standards in conjunction with the one of the most famous and brutal civil litigation disputes ever -- the serial deportation of Harry Bridges.
Presenter: Peter Afrasiabi
How well do you know that rules that govern transactions with your clients? This course gives a comprehensive overview of issues relating to common scenarios in attorney-client transactions, including all of the factors to consider vividly illustrated through the use of real-world examples. The tripwires are serious with massive consequences, and very easy to trip over, so it's a very practical and useful presentation to make sure you stay within the boundaries.
Presenter: Peter Afrasiabi
In his second course in this popular series, John Tehranian covers the current status of race issues in the United States. The discussion includes issues such as race and the war on terrorism, race and politics, race and the immigration debate, as well as white geographies.
Presenter: John Tehranian
Some lawyers are famous for the right reasons, while others are famous (read: infamous) for all the wrong reasons. This entertaining program chronicles the rise and fall of several infamous attorneys – ranging from President Richard Nixon to Roy Cohn to Michael Avenatti – and discusses how their conduct ran afoul of the law and the legal ethics rules.
Presenter: Andrew Struve
In part two of this entertaining program, Andrew Struve chronicles the rise and fall of several infamous attorneys – ranging from F. Lee Bailey to Lynne Steward to Judge Thomas Porteous Jr. – and discusses how their conduct ran afoul of the law and the legal ethics rules.
Presenter: Andrew Struve
In part three of this entertaining program, Andrew Struve chronicles the rise and fall of several infamous attorneys – ranging from G. Gordon Liddy to Kwame Kilpatrick to Charles Kushner – and discusses how their conduct ran afoul of the law and the legal ethics rules. The program materials include an ethical violation scorecard so can play along as we catalog the legal ethics violations committed by this rogues gallery of disbarred attorneys.
Presenter: Andrew Struve
In most cases, judges represent the best and brightest of the legal profession. Yet, there are a few who experienced spectacular falls from grace. In this entertaining program, Andrew Struve chronicles the rise and fall of several infamous judges – ranging from Sol Watchler to Walter Nixon to Harry Claiborne – and discusses how their conduct ran afoul of the law and the ethics rules.
Presenter: Andrew Struve
During the 2016 Presidential campaign, Republican Nominee Donald J. Trump accused U.S. District Judge Gonzalo P. Curiel of bias against him while presiding over a case involving allegations of fraud against the now-defunct Trump University. Of course, Mr. Trump is a litigant, and not a lawyer, and no lawyer who values his or her law license would levy such a charge against a judge, but what laws and ethics rules govern judges in deciding whether to recuse themselves from cases and govern lawyers when they accuse judges of bias?
Presenter: Peter Afrasiabi
In this third program in the series, Zach McGee and Ted Russell explore the topic of business ethics versus legal ethics to help you answer two key questions: what are your business clients taught about ethics, and how can you, as their lawyer, help them make ethical business decisions? The speakers use recent scandals at Volkswagen and Turing Pharmaceuticals to illustrate how real-world institutional and competitive pressures can lead some business leaders to follow unethical business practices.
Presenters: Zach McGee; Ted Russell
In times of social and political unrest, lawyers often join their fellow citizens in acts of civil disobedience to make their voices heard. But how do acts of civil disobedience by lawyers – committed both in and out of the court – square with their obligations under the ethics rules? This program provides guidance for lawyers who seek to counsel clients, participate in activities or litigate claims in support of controversial causes to ensure that they remain on the right side – and never the wrong side – of the ethics rules.
Presenter: Peter Afrasiabi
How well do you know the rules that govern your ability to perform legal services for a client located in a state where you are not licensed or the sanctions for violating them? This program gives you the guidance you need to avoid engaging in the unauthorized practice of law.Presenter: Zach McGee
As lawyers, we negotiate on behalf of clients practically every day. You know the legal ethics rules require you to be truthful but how do you apply those general pronouncements in a context where puffing, posturing and concealing one’s bottom line are more the rule than the exception? This program uses a hypothetical negotiation between lawyers representing a writer seeking to sell a script and a film studio seeking to buy it to illustrate how the ethics rules apply when lawyers act as negotiators.
Presenter: Zach McGee
In the next installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee takes it to the “next level” with an analysis of the sorts of negotiation tricks and bad faith tactics that sophisticated parties often use to try to obtain an advantage in negotiations. Using a hypothetical negotiation between lawyers, the speakers will describe and analyze some of these “next level” negotiation tricks and bad faith tactics, including: Lying about company policy; Lying about other deals; Anchoring; Co-opting the other side’s negotiator; and Nibbling.
Presenter: Zach McGee
“Paltering” – the active use of truthful statements to create a false impression – is a way of deceiving the other side that differs both from lying by commission – where you misstate facts – and lying by omission – where you fail to provide information. In this course, you’ll not only learn to spot when the other side in a negotiation is paltering but also to understand why paltering works so well and why people have such different views on whether it is ethical.
Presenters: Zach McGee; Ted Russell
Continuing their popular “Negotiation Ethics for Lawyers” series, the presenters switch gears to show how negotiations are portrayed in some popular Hollywood films. In part one, they tackle “Hotel Rwanda” where the main character, Paul Rusesabagina, played by Don Cheadle,
pulls out every negotiation “dirty trick” in the book while he literally negotiates for his life and the lives of his family during the Rwandan genocide.
Presenters: Speakers: Zach McGee; Ted Russell
Continuing their popular “Negotiation Ethics for Lawyers” series, the presenters switch gears to show how negotiations are portrayed in some popular Hollywood films. In part two, they tackle “Thank You for Smoking,” which stars Aaron Eckhart as slick lobbyist, Nick Naylor, who masterfully twists words, reframes others' positions and questions their intentions, and engages in other sharp tactics and manipulations in an effort to defend the tobacco industry and attack its enemies.Presenters: Zach McGee; Ted Russell
This program explores a fun and extremely useful topic for anyone who negotiates: how should we respond when the other side engages in "dirty tricks" and other bad faith tactics, without violating our own ethical obligations?
Presenter: Zach McGee
Most lawyers have read thousands of legal opinions, but how many of those opinions were written in verse, refer to famous films or TV series or went so far as to insult other judges on the same court? In Part II of this popular program, Andrew Struve uses these wild legal opinions as a basis for reviewing the canons of legal ethics that apply to judges and to discuss whether these “unique” opinions are consistent with the high ethical standards to which members of the judiciary are held.
Presenter: Andrew Struve
Most lawyers have read thousands of legal opinions, but how many of those opinions were written in verse, refer to famous films or TV series or went so far as to insult other judges on the same court? Andrew Struve uses these wild legal opinions as a basis for reviewing the canons of legal ethics that apply to judges and to discuss whether these “unique” opinions are consistent with the high ethical standards to which members of the judiciary are held.
Presenter: Andrew Struve
Actor, writer, producer and recovering lawyer, Mark Wooster, presents a humorous take on what lawyers should not do in the service of their clients. Using clips from some recent television shows and a recent feature film, Mark will illustrate the ethics rules that apply to lawyers who can’t seem to behave themselves like ethical human beings much less ethical lawyers.
Presenter: Mark Wooster
Actor, writer, producer and recovering lawyer, Mark Wooster, presents a humorous take on what lawyers should – and should not – do in the service of their clients. Using clips from some famous films and television shows about lawyers as well as some real-world examples of lawyers and judges gone “rogue,” Mark will illustrate the ethics rules that apply to lawyers who get caught in unusual and embarrassing situations.
Presenter: Mark Wooster
Mark Wooster starts his own “War on Easter” when he takes up the astonishing, inexplicable, ridiculous, inept, unethical but true revenge plot of two married lawyers, Kent and Jill Easter. Armed with a (low budget) re-enactment of their revenge plot, Mark will illustrate the ethics rules that apply to lawyers who get caught doing the unthinkable.
Presenter: Mark Wooster
In the latest installment of this popular series, Mark Wooster pokes fun at some fictional lawyers – including prosecutors, defense lawyers and even Supreme Court Justices! – who flagrantly violate the legal ethics rules in popular TV series.Presenter: Mark Wooster
Mark Wooster, jumps back into the DeLorean he turned into a time machine and sets the dial back 30 years to expose even more “totally unethical” conduct by lawyers in classic 80’s TV series.
Presenter: Mark Wooster
In this compilation program, Mark Wooster revisits some of his favorite segments from our popular series where legal ethics collides head on with stand up comedy and bursts into flames of laughter.
Presenter: Mark Wooster
In this third compilation program, Mark Wooster revisits some of his favorite segments from our popular series where legal ethics collides head on with stand up comedy and bursts into flames of laughter.
Presenter: Mark Wooster
In this second compilation program, Mark Wooster revisits some of his favorite segments from our popular series where legal ethics collides head on with stand up comedy and bursts into flames of laughter.
Presenter: Mark Wooster
Actor, writer, producer and recovering lawyer, Mark Wooster, presents a humorous take on what lawyers should not do in the service of their clients. Using clips from a highly-popular television show and recent feature film, Mark will illustrate the ethics rules that apply to lawyers who can’t seem to behave themselves like ethical human beings much less ethical lawyers.
Presenter: Mark Wooster
In the latest installment of this popular series, Mark Wooster tells the true tales of lawyer misconduct that are so obviously unethical that one continues to be astonished they occurred even after hearing about them.
Presenter: Mark Wooster
Actor, writer, producer and recovering lawyer, Mark Wooster, presents a humorous take on what lawyers should – and should not – do when they find out their client isn’t playing by the rules. Using clips from some famous films about lawyers, Mark will illustrate the ethics rules that apply to lawyers caught between a rock – and a hard case.
Presenter: Mark Wooster
Mark Wooster pokes fun at some lawyers who engaged in sex, lies and incompetence and reviews the legal ethics rules that got them disbarred.
Presenter: Mark Wooster
Former law professor – and sometime Louis C.K. impersonator – Zev Eigen presents his seven lessons for being an ethical lawyer that some of our brethren failed to follow at their peril.
Presenter: Zev Eigen
In the latest installment of this popular series, Mark Wooster takes on more outrageous conduct by fictional lawyers in television series, in addition to sharing his sympathies for the real-life lawyer who unwittingly starred in the infamous “I am not a cat” clip that recently went viral.
Presenter: Mark Wooster
Mark Wooster hosts the “It’s Never Too Late Show” with his featured guest, popular writer and stand-up comedian -- and recovering addict – Craig Shoemaker. During this funny yet compelling program, Craig shares his story of how he overcame addictions to alcohol, drugs and sex and set himself on a path to great success in his personal and professional lives, while teaching lawyers how to spot the signs of addiction and how to get help.
Presenter: Mark Wooster
Zach McGee takes on “PharmaBro” Martin Shkreli, the “Most Hated Man in America.” In this legal ethics program, Mr. McGee provides practical guidance to lawyers should they ever find themselves representing a smart, arrogant, manipulative fraudster like Mr. Shkreli.
Presenter: Zach McGee
In the latest installment of this popular series, Mark Wooster uses fictional lawyers from TV and film to explore the unique legal ethics issues that can arise from the use of jury consultants and the death of your client.Presenter: Mark Wooster
Actor, writer, producer and recovering lawyer, Mark Wooster, presents a humorous take on the “totally unethical” conduct of lawyers from some classic 1980’s TV series.
Presenter: Mark Wooster
Mark Wooster, presents a humorous take on the unethical conduct of lawyers from some classic 1960’s TV series.
Presenter: Mark Wooster
In the next installment of this popular series, we’re looking at questionable ethical behavior by lawyers in 1990’s TV series, including a lot of sexist and racist behavior by lawyers that just got shrugged off or even accepted by fellow lawyers.
Presenter: Mark Wooster
Mark Wooster uses the boorish behavior of lawyers in TV series and films from the 1950’s through the 1990’s to illustrate why “You Can’t Do That Anymore!” under federal and state anti-discrimination laws and the legal ethics rules. Come for the outrageous examples of racism and sexism – and stay for the elimination of bias credit.
Presenter: Mark Wooster
This program invites you to hear and help celebrate the compelling personal stories of two lawyers who were rescued from chemical dependency by successful interventions conducted by The Other Bar, a recovery support group for lawyers, judges and law students. While support groups like The Other Bar offer strict confidentiality, these lawyers have volunteered to share their stories publicly in the hope that their experiences will persuade others to seek help.
Presenters: Greg Dorst; Jim Heiting
In this program, Peter Afrasiabi takes on a difficult topic: what standards govern bias by judges and if you believe your judge is biased against you or your client, what can and should you do about it? As you might expect, the answers to these questions involve thorny legal, tactical and ethical issues, and this program gives you the guidance you need should you come face-to-face with a judge whose fairness and impartiality reasonably might be questioned.
Presenter: Peter Afrasiabi
An overview of the history of racism, and a discussion of current racial issues and their legal ramifications.
Presenter: John Tehranian
This course explores how implicit bias works and how it affects day-to-day decisions and the exercise of discretion through a discussion of scenarios based on typical interactions, including its impact on the legal profession with some advice on how to overcome implicit biases.
Presenter: Mike Young
They say that love is blind, but it is also unethical? In this fun, topical and engaging course, Andrew Struve and Susan White examine the legal, ethical and practical implications when lawyers choose to date clients and other lawyers, including judges.
Presenters: Andrew Struve; Susan Page White
You’ve seen the headlines, but do you know how Michael Avenatti, who famously represented porn star Stormy Daniels in her dispute with former President Donald Trump, came to be convicted of multiple felonies including extortion, fraud and identity theft? Experienced trial and appellate lawyer, Peter Afrasiabi details the egregious conduct that got Avenatti convicted in these cases, and reviews how the legal ethics rules apply when lawyers stand accused of making improper threats, falsifying documents, stealing client funds and failing to act in their best client’s interests.
Presenter: Peter Afrasiabi
Lawyers are much more likely than other professions to suffer from substance use and mental health disorders due to the high-stress nature of our work and a culture that encourages us to be self-reliant. Since the COVID-19 pandemic, increasing stress and isolation among lawyers has made this problem even worse, particularly for the newest members of the bar. Our experts discuss this alarming trend and what we can do to help ourselves and our colleagues during these difficult times.
Presenters: Greg Dorst; Jim Heiting
Studies show that lawyers experience substance use disorder at twice the rate of the general population. Teaching lawyers how to recognize when they may have a problem and getting them help when they do is difficult even in “normal times.” This presentation examines why preventing addiction has become harder during the pandemic and shares some expert advice on what you can do to ensure that you or someone you know gets the help they need during this difficult time.
Presenters: David Malow; Andrew Struve; Susan Page White
If I know a lawyer who may have a problem with alcohol or drugs, what can I do to help? Jim Heiting, Former President of the California State Bar (2005-2006), and Greg Dorst, a lawyer and certified addiction specialist, share their own experiences as lawyers in recovery, show lawyers how they can help a colleague who may be suffering from chemical dependency and describe the resources available to lawyers for assessment, referral, treatment and support.Presenters: Greg Dorst; Jim Heiting
