CLE AND CE ACCREDITATION

USLAW NETWORK will be offering national CLE credit for attorneys and CE credit for TX and FL adjusters (reciprocal with other states). All states are currently pending. We have partnered with CEU Institute as our CE/CLE provider to manage all credits: www.ceuinstitute.net. Should you have questions, please contact accreditation@ceuinstitute.net.

Business Issues, Corporate Transactions and M&A

FRIDAY, OCTOBER 6, 2023

9:45 A.M. – 10:45 A.M. – Session 1 – Joint Session with Labor and Employment Track

Expanding Markets? Consider the Implications
Expanding into new markets in other jurisdictions can have various tax and employment implications; however, it is important to note that tax and employment regulations differ whether moving state to state within the U.S. or into Canada, Mexico, Argentina, Europe, China, etc. This session will provide best practices and connection options for a wide range of jurisdictions and share examples that will assist preparation for an upcoming expansion.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 2

Hot Topics in Business Issues, Corporate Transactions and M&A
This session will be an open discussion on a variety of topics that have popped up recently and that have been flagged by members as being of interest or concern. These include the impacts of the Pennsylvania Business Registration Law, the new recent proliferation of lockbox style transactions in North America. The participants can bring their own issue to the table in this open exchange.

Facilitators:

SATURDAY, OCTOBER 7, 2023

8:30 A.M. – 9:30 A.M. – Session 3

Complexity and Scope of ESG Factors
The complexity and breadth of ESG factors that investors use to evaluate a company’s performance and sustainability in areas such as environmental impact, social responsibility, and corporate governance make it challenging to assess and integrate them effectively into investment decisions or organizational strategies. This session will explore the current regulatory climate, what challenges this is presenting, what industry leaders are doing and more.

Facilitators:

9:45 A.M. – 10:45 A.M. – Session 4

What We Need To Know About Cryptocurrency, NFTs and More
Cryptocurrencies and other digital assets have gained significant attention and popularity in recent years. How prevalent are they? What are the advantages and disadvantages? How do they work and how are they being used? We will discuss the legal structures around the use of cryptocurrency, NFTs (Non-Fungible Tokens) and other digital assets and how they interact on blockchain technology.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 5

Taking Control Over Assets Sold in M&A Transactions
When it comes to taking control over assets sold in M&A transactions, specific mechanisms used can vary depending on the location, industry, and nature of the transaction and the agreements reached between the parties involved. This session will address why and when to use them, pros and cons of different types versus others, including execution inside and outside of bankruptcy. We also expect to discuss the impact of an international component comparing regulations and security in international jurisdictions.

Facilitators:

2023 Fall – Business Issues Track

Business Litigation and Class Actions

FRIDAY, OCTOBER 6, 2023

9:45 A.M. – 10:45 A.M. – Session 1

Litigation Trends Using Analytics and Data
The use of litigation analytics and data has become widespread in recent years. Many believe that the trend will continue to evolve towards analytics with predictive capabilities. This session will explore the various ways that both in-house and outside counsel can employ analytics to aid in marketing, litigating cases, formulating business strategy.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 2

AI and Automation Impact on Business and Potential Litigation Issues – Joint session with Professional Liability
It is not just a tech issue. Some law firms and businesses are rushing to embrace generative AI without properly evaluating the significant legal and ethical implications technologies like ChatGPT pose. With the FTC’s recent announcement about an investigation into OpenAI and accusations that ChatGPT’s data-scraping techniques violate consumer protection and cause reputational harm to consumers, it is more important than ever to properly evaluate whether or not this new technology is a good fit for your organization’s culture. This session will explore the biggest areas of concern with AI, including its implications such as, intellectual property, malware development, misinformation, bias in hiring practices, security/privacy/regulatory/ethical issues, as well as, resiliency and risk mitigation.

Facilitators:

SATURDAY, OCTOBER 7, 2023

8:30 A.M. – 9:30 A.M. – Session 3

Workplace Class Actions Redefined
Receiving a complaint seeking certification of a class-action for workplace-related claims can be gut wrenching for in-house counsel. These claims can range from failure to pay overtime to class-based sexual harassment claims. This session will focus on how to defeat a class action lawsuit before it starts, or, if certification is granted, substantively with motion practice and trial tactics used to take the wind out of classes’ sail.

Facilitators:

9:45 A.M. – 10:45 A.M. – Session 4

Best Practices for In-House Counsel in the First 60 Days of Litigation
In-house counsel’s response to a demand letter or lawsuit can be critical to the path a claim takes, and the failure to timely and appropriately act can make a defensible claim indefensible. This session will focus on best practices for in-house counsel and claims professional’s initial response to notices of claims, demand letters, and lawsuits, as preservation of evidence, early and through investigation, and comprehensible evaluation of claims is critical to the ultimate outcome of a claim.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 5

To Be Or Not To Be: A Business Tort
Onboarding a competitor’s employee or having a departing employee leave to join a competitor can be fraught with issues involving tortious interference, trade secrets, unfair competition, civil conspiracy and disparagement. This session will focus on these types of business torts and how to avoid those claims when bringing on new employees or prepare to prosecute them when necessary.

Facilitators:

2023 Fall – Business Litigation Track Copy

Complex Tort and Product Liability

FRIDAY, OCTOBER 6, 2023

9:45 A.M. – 10:45 A.M. – Session 1

Nuclear Verdicts and Punitive Damages
One of the most concerning litigation trends over the past several years is the rise in nuclear verdicts (Defined as jury awards surpassing $10 million). The session will provide an open discussion of recent cases and risk prevention best practices, as well as an update on tort reform in various jurisdictions. We will also discuss the many challenges that nuclear verdicts create, some of the factors that are driving this trend, including attorney and trial advertising, third-party funding, social inflation, erosion of caps on punitive damages, and ways to control the rise in nuclear verdicts.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 2

Is Safetyism Really Protecting People?
While the intention behind safety is to protect individuals from harm, an overemphasis on safety can sometimes lead to unintended consequences, including excessive regulations that stifle innovation and advancement, burden companies with compliance costs, and limit freedom. Additionally, jurors with a “safety-ism” mindset can erroneously believe that no amount of risk is safe. This session will discuss the challenges of a zero-risk tolerance mindset for companies, defendants in lawsuits, and counsel.

Facilitators:

SATURDAY, OCTOBER 7, 2023

8:30 A.M. – 9:30 A.M. – Session 3

The Harmony of Engineering, Marketing and Sales, Oh My!
The relationship between engineering, sales, and legal departments within an organization can sometimes face challenges due to differing priorities, perspectives, and communication styles. This session will discuss best practices to bring these three closer together and manage expectations, including key areas such as, cross-departmental meetings, speed versus risk mitigation, contract negotiations, training and education.

Facilitators:

 9:45 A.M. – 10:45 A.M. – Session 4

Cross-Border Legal Issues and Safety Standards
Cross-border legal issues and safety standards can vary significantly depending on the countries involved. When designing products and components that will be used across borders, it is essential to consider the idiosyncrasies of jurisdictional variations. This session will discuss comparison of product safety and standards, rebuttable presumption, data protection and privacy, intellectual property protection and more.

Facilitators:

 11:00 A.M. – 12:00 P.M. – Session 5

Hot Topics That Keep Us Up At Night
This session is intended to provide an opportunity to discuss a wide range of trends and issues that keep us up at night. From the amendments to Federal Rule of Evidence 702 that take effect in December 2023 and clarify the judge’s gatekeeping role in scrutinizing expert testimony stemming from the 1993 Supreme Court case Doubert v. Merrell Dow Pharmaceuticals, Inc. to new best practices in eDiscovery, we will cover a wide range of courtroom trends We also want to hear what’s on your mind – issues and regulations with electric products, etc.

Facilitators:

2023 Fall – Complex Tort and Product Liability Track

LABOR AND EMPLOYMENT

FRIDAY, OCTOBER 6, 2023

9:45 A.M. – 10:45 A.M. – Session 1 – Joint Session with Business Issues, Corporate Transactions and M&A Track

Expanding Markets? Consider the Implications
Expanding into new markets in other jurisdictions can have various tax and employment implications; however, it is important to note that tax laws and employment regulations differ whether moving state to state within the U.S. or into Canada, Mexico, Argentina, Europe, etc. This session will provide best practices and connection options for a wide range of jurisdictions and share examples that will assist preparation for an upcoming expansion.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 2

The Bermuda Triangle – The Inner Play Between FMLA, ADA and Workers’ Compensation
In this session, we will attempt to conquer the Bermuda triangle of employment law – the ADA, FMLA, and workers’ compensation. We will discuss the interplay between the laws, recent trends and interpretations in the case law, and best practices and approaches to the interwoven requirements. We will also explore the dangers of addressing these laws in isolation and how best to take a holistic approach to compliance with interactive process and reasonable accommodation.

Facilitators:

SATURDAY, OCTOBER 7, 2023

8:30 A.M. – 9:30 A.M. – Session 3

Social Media in the Workplace
The prolific use of social media by employers and employees continues to pose interesting dilemmas, legal issues and challenges. From social media workplace policies to social media workplace privacy laws enacted in some states, we will be discussing the continued legal and operational balancing act regarding the benefits and challenges of social media use and limitation in the workplace.

Facilitators:

9:45 A.M. – 10:45 A.M. – Session 4

Impact of the McLaren Macomb Decision
The NLRB’s McLaren Macomb Decision: Can an employer craft a lawful severance agreement that resolves that dispute, protects its image, and prevents future litigation? This session will address how far the NLRB went in forbidding severance agreements with overbroad releases of claims, non-disparagement, and confidentially provisions, and how to draft severance agreements that will allow the employer to end or avoid costly litigation and bad publicity, both inside and outside the company.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 5

Stump the Lawyer/Hot Topics
With incredibly active Supreme Court judges, NLRB decisions coming out every month, and state legislatures passing legislations as fast as we can read, we could take a week and not scratch the surface. This session will provide the opportunity to catch up and delve into some of the outstanding issues while crowdsourcing the collective wisdom of the group to thrive during these fast-moving times.

Facilitators:

2023 Fall – Labor and Employment Track

PROFESSIONAL LIABILITY

FRIDAY, OCTOBER 6, 2023

9:45 A.M. – 10:45 A.M. – Session 1

Multijurisdictional Practice in a New Day and Age
The rules for practicing law are rapidly changing and transcending geographic boundaries. Lawyers are crossing state lines more than ever. Some jurisdictions, such as Arizona, have implemented rules allowing out-of-state lawyers to practice broadly within the state. Other jurisdictions allow lawyers to open up law firms with nonlawyers. There is now a proposal on the table to amend Model Rule 5.5 (Unauthorized Practice of Law/Multijurisdictional Practice of Law). It advocates for a lawyer admitted in any United States jurisdiction to be able to practice law and represent willing clients without regard to the geographic location of the lawyer or the client, without regard to the forum where the services are to be provided, and without regard to which jurisdiction’s rules apply at a given moment in time. Will this open up more options for clients and lead to enhanced access to legal services? What implications does this have for legal malpractice claims? For risk management? For the issuance of E&O policies? This session will discuss these cutting edge issues and more.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 2 – Joint session with Business Litigation and Class Actions

AI and Automation Impact on Business and Potential Litigation Issues
It is not just a tech issue. Some law firms and businesses are rushing to embrace generative AI without properly evaluating the significant legal and ethical implications technologies like ChatGPT pose. With the FTC’s recent announcement about an investigation into OpenAI and accusations that ChatGPT’s data-scraping techniques violate consumer protection and cause reputational harm to consumers, it is more important than ever to properly evaluate whether or not this new technology is a good fit for your organization’s culture. This session will explore the biggest areas of concern with AI, including its implications such as, intellectual property, malware development, misinformation, bias in hiring practices, security/privacy/regulatory/ethical issues, as well as, resiliency and risk mitigation.

Facilitators:

SATURDAY, OCTOBER 7, 2023

8:30 A.M. – 9:30 A.M. – Session 3

Taking Advantage of the Unwitting Lawyer
This session will discuss ways in which scammers are taking advantage of the unwitting lawyer, by hacking, forging, and impersonating real parties to fraudulently obtain money. What happens when an attorney gets their email account hacked, allowing the hacker to send a forged escrow form with forged signatures and sensitive details regarding the underlying details to a transaction, directing it to remit payment to a fake party? What defense does a lawyer have when a scammer pretends to act as a paralegal/clerk at a law office and coordinates fraudulent closings/deals using letterhead of the law firm? This session will discuss recent examples of real estate and short sale transaction scams and more.

Facilitators:

9:45 A.M. – 10:45 A.M. – Session 4

Work From Home and Its Liabilities
The landscape and number of organizations that have implemented a work from home or hybrid environment has grown drastically post pandemic. Remote working environments are here to stay, at least in some form. The pros and cons have changed and this topic is still heavily debated based on weighing the liability for each organization’s culture, productivity, competitiveness, etc. This discussion will discuss the latest trends and solutions for work from home environments and strategies for dealing with anticipated claims in this arena.

Facilitators:

11:00 A.M. – 12:00 P.M. – Session 5

Back to the Basics – Selecting Experts
Discover the Who’s, What’s, Where’s, When’s, Why’s and How’s as to how strategically (and cost effectively) select experts for litigation and eventual trial. This presentation will go through the selection process of all types of experts, including experts related to liability and damages to provide help and guidance in the selection process.

Facilitators:

2023 Fall – Professional Liability Track

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