Course List

Lawyers are trained to solve others’ problems, yet many struggle when it comes to their own well-being. This course provides an accessible, ethics-grounded introduction to mental health and therapy for legal professionals. Attendees will examine the intersection between professional responsibility and lawyer well-being under the ABA Model Rules, including duties of competence, diligence, supervision, and withdrawal. The session also explores the ethical dimensions of recognizing impairment, referring colleagues or clients for help, and fostering a healthier law firm culture. Drawing from both legal and clinical perspectives, this program equips attorneys with practical tools for self-care, informed referrals, and ethically aligned support of others’ mental health needs.

Learning Objectives:

1. Identify ethical obligations related to attorney mental health under ABA Model Rules 1.1 (Competence), 1.3 (Diligence), 1.16(a)(2) (Withdrawal), 5.1 (Supervision), and 1.14 (Clients with Diminished Capacity).

2. Recognize signs of impairment in oneself, colleagues, and clients, and understand appropriate steps and resources for referral.

3. Differentiate between major types of therapy and helping professionals to make informed, ethical referrals or personal choices for support.

4. Evaluate the barriers to help-seeking in the legal profession and strategies to reduce stigma consistent with ethical and professional responsibility standards.

5. Apply ethical principles of empathy, confidentiality, and competence when assisting others experiencing mental health challenges.

Elon Slutsky is a psychotherapist, attorney, and researcher based in Denver, Colorado. With a multidisciplinary academic background, he holds a bachelor's degree in Biology and English from Amherst College, a master's in Secondary Education from Pace University, a J.D. from Cornell Law School, and an M.A. in Mental Health Counseling from Northwestern University, completed in March 2024. In 2024–25. He is serving as a Fulbright Research Fellow, focusing on extending schema therapy into a transdiagnostic therapeutic framework tailored for highly skilled professionals like doctors and lawyers.

This CLE explores the connection between attorney wellness and professional responsibility, highlighting how stress management, balance, and sustainable practice habits are essential for both personal health and excellence in client service. Participants will learn practical strategies to reduce burnout, strengthen decision-making, and build healthier professional routines. The program emphasizes how wellness directly impacts an attorney’s ability to meet their ethical obligations to clients, colleagues, and the profession, and how supportive systems within firms can reduce risks, enhance communication, and foster long-term success.

Learning Objectives

1. Recognize how well-being affects professional performance, including the ability to provide competent, reliable, and high-quality service.

2. Identify the warning signs of impairment—such as stress, fatigue, or substance use—that can compromise judgment and create ethical risks.

3. Apply practical wellness strategies such as mindfulness, time management, and peer support that strengthen focus, resilience, and client service.

4. Evaluate practice management systems (records, communication, and technology use) to reduce errors and avoid malpractice exposure.

5. Understand professional duties related to leadership and accountability, including creating a culture of wellness, addressing misconduct, and supporting colleagues.

Dieter Clauss is Vice President of Clauss & Co., Inc., where he leads the professional liability program for Lawyers Insurance Group. He specializes in advising law firms and attorneys on risk management, professional responsibility, and malpractice coverage, helping legal professionals safeguard their practices while meeting client and ethical obligations.

If you are an attorney, you’ve probably been asked to serve on a Board. However, if you do agree there are numerous legal & ethical pitfalls that you must avoid as an attorney.

In this CLE, Nikki Semanchik will teach you what you need to know about serving on a Board, from your initial homework & due diligence to your ethical duties & avoiding conflicts of interest. The course is broken into three main parts, with Nikki first providing background on the key points of Nonprofit Law, she will then take a deep dive into your fiduciary duties and conclude by detailing the risks of serving as Director & legal counsel. Additional topics: entity type, public transparency, Board Committees vs. Advisory Boards, the duties & role of Directors, the Articles of Incorporation, reviewing bylaws & internal policies, Duty of Care, Duty of Inquiry, Duty of Loyalty, Duty to Follow Investment Standards, conflicts of interest, director protections, the Business Judgment Rule, volunteer immunity, Indemnification, Directors & Officers (D&O) Insurance, Nonprofit Compliance, the loss of the attorney-client privilege and your liability exposure.

Nikki Semanchik is the Founding Attorney of Semanchik Law Group, a business and nonprofit firm located in San Diego, California. In addition to assisting nonprofits with formation, compliance and governance, she also represents for profit businesses on a wide variety of matters.

Mediation presents unique opportunities and challenges for lawyers—whether serving as advocates for clients or neutrals guiding resolution. Yet, common ethical missteps can undermine the process, damage credibility, and even create professional liability. This CLE will explore how attorneys can avoid the most frequent ethical pitfalls in mediation by grounding practice in the ABA Model Standards of Conduct for Mediators and applicable professional conduct rules. Participants will gain practical guidance on preparing ethically for mediation, building rapport with parties, maintaining neutrality, and balancing zealous advocacy with duties of candor and fairness. Through real-world examples and best practices, the course empowers lawyers to engage in mediation with confidence while protecting both their clients and their professional integrity.

Learning Objectives:

1. Identify the most common ethics mistakes that occur in mediation from both the advocate’s and neutral’s perspective.

2. Apply the ABA Model Standards of Conduct for Mediators and Rules of Professional Conduct to mediation practice.

3. Evaluate how to prepare for mediation in a way that aligns with ethical duties to clients and the process.

4. Implement strategies for building rapport and maintaining neutrality while avoiding bias or undue influence.

5. Recognize red flags and apply preventative measures to reduce the risk of ethical violations in mediation.

Francine Friedman Griesing has over 40 years of experience, she is a strategic advisor to top executives, general counsel, and institutions—handling complex business transactions, high-stakes litigation, employment matters, ethics, and alternative dispute resolution. She has served as an advocate and a neutral arbitrator and mediator in range of commercial and employment disputes. Her clients include Fortune 500 companies, privately-held businesses, non-profits, higher education institutions, law firms and individual professionals and executives.

Eyewitness testimony is powerful—but not always reliable. Decades of research have shown that memory can be fallible, and mistaken identifications remain a leading cause of wrongful convictions. In this CLE, expert witness testimony expert Dr. Curt Carlson draws on empirical research and real-world cases to explain how and why eyewitnesses can get it wrong—and what legal professionals can do about it. Participants will explore the science of perception, memory, and bias, learn about common pitfalls in police lineups, and review best practices that align with current psychological evidence. This session will help attorneys better evaluate the reliability of eyewitness testimony and improve how such evidence is addressed in investigations and at trial. Learning Objectives:

1. Identify key psychological variables that affect the accuracy of eyewitness identification.

2. Analyze common procedural flaws in police lineups and interviews that contribute to false identifications.

3. Evaluate the probative value of eyewitness testimony using scientifically grounded criteria.

4. Apply best practices in case strategy when dealing with eyewitness evidence, whether prosecuting, defending, or presiding.

5. Advocate for or challenge the admissibility and weight of eyewitness evidence through effective use of expert testimony.

Curt Carlson, Ph.D., is a distinguished cognitive psychologist whose academic journey informs his work at the intersection of psychology and the legal system. Since joining East Texas?A&M, he has led research on eyewitness memory and lineup procedures, secured a $344K National Institute of Justice grant, and holds fellowships in the American Psychology–Law Society and Psychonomic Society.

Choice of Law, Prevailing Party, Forum Selection, Force Majeure. “Boilerplate” refers to the standard clauses that typically appear at the end of a contract.

These provisions are often pulled from templates and frequently overlooked by the parties and the attorneys tasked with drafting the agreements. However, these clauses establish essential rights for the parties and warrant careful consideration – especially in the front-end drafting stage of the agreement so you can avoid trying to enforce or fight these common clauses on the back end in litigation. In this CLE, Shannon Bell will delve into these common boilerplate clauses: choice of law, arbitration, forum & venue selection, amendment & modification, force majeure, jury waiver, prevailing party, merger and survival. Shannon will dissect key case law from around the country and provide practical tips & suggestions for drafting better boilerplate clauses in your contracts.

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

Getting 8 or 9 figure settlements for your clients is not from luck, an accident, or magic. It is not a talent you are born with or a gift that is given to you. It comes from learning the science of persuasion and then discovering how to deploy it in the courtroom.

R. Rex Parris obtained an historic $370 million defamation verdict for his clients against the founder of Guess jeans. He gets up at 4:00 a.m. every morning to study cognitive science & the irrational way jurors make decisions so he can achieve the best results for his clients. In this CLE, he will share his knowledge of persuasion & how to change minds by covering: behavioral decision making & how jurors think, keeping things simple and “priming” your jury to get the best results. Further topics: how decisions are affected by heuristics, biases & other influences, the SIMPLEST case wins, how to control fear in the courtroom, smiling & making eye contact, proximity, unconscious competence, attorneys are wordsmiths, trimming the fat & cutting extra words, visual priming, obsessing over the results, living life with laughter turned off and reversals. The following books are discussed, Click: Ten Truths for Building Extraordinary Relationships, The Power of Eye Contact, Start With Why, The Influentials and Behave: The Biology of Humans at Our Best and Worst.

R. Rex Parris, Esq. has achieved outstanding results in the courtroom over the span of his career – including an historic, record-breaking defamation jury verdict in Los Angeles for $370,000,000. Rex has also been the mayor of Lancaster, California, since 2008.

The latest fad in the tech revolution is AI (Artificial Intelligence). Generative AI tools such as ChatGPT are transforming industries from healthcare to finance and everything in between.

But we are at the infancy stages of AI and utilizing this new tech also comes with risks that could harm your clients’ business interests or expose them to legal liability. In this CLE, Jeremy Kahn will provide an overview of the benefits & risks of generative AI and the legal implications across several practice areas to enable you to confidently advise your clients about this transformative technology and run a more efficient & profitable law practice. Topics discussed: creative content generation, text generation & natural language processing (NLP), predictive modeling & forecasting , improving accessibility, HIPPA & PIH implications, IP issues (trade secrets & copyright), three instances of Samsung employees unintentionally leaking sensitive information to ChatGPT, “Hallucinations” (inaccuracies & defamation), latest guidance from the Copyright Office, biases & Employment Discrimination, best practices to help protect your clients and 6 key questions to ask clients.

Jeremy L. Kahn is a thoughtful and strategic litigator, with a creative approach. He enjoys crafting strategies to resolve difficult and legally challenging problems, always seeking to achieve his clients’ desired results in an efficient manner.

Most clients want everything in a contract negotiation. Unfortunately, the other side probably wants everything too. The real question for practitioners is: which clauses are truly worth the fight? The answer, of course, is…. it depends.

In this CLE, Kristi Zentner and Heather Marx — a seasoned transactional attorney & an experienced commercial litigator — share insights drawn from daily practice on both sides of the negotiating table. They explore the most common flashpoints in contract drafting and negotiation, from indemnification and limitation of liability to representations, warranties, and confidentiality provisions. The dynamic duo also provide practical strategies for recognizing which provisions merit aggressive advocacy, show you how to tailor clauses to a client’s risk profile, and drafting the contact with enforceability in mind. Attendees will also gain tools for memorializing the negotiation: ensuring that contracts clearly reflect agreed terms, avoid ambiguities and reduce the risk of costly disputes down the road.

Learning Objectives

* Identify key contract clauses — such as indemnification, limitation of liability, and representations and warranties — that most often become points of contention and potential litigation.

* Evaluate negotiation dynamics, including leverage, market conditions, and counterparty risk, to determine which provisions are worth pressing and which can be compromised.

* Draft clear and enforceable risk-shifting provisions tailored to the transaction, including defining scope, triggers, exceptions, and remedies.

* Recognize common mistakes in contract drafting and negotiation that create ambiguity or weaken enforceability, and implement strategies to avoid them.

* Apply effective review techniques to ensure that contracts accurately memorialize negotiations, reflect agreed business terms, and align with preliminary documents such as term sheets or letters of intent.

* Integrate practical drafting tips—such as consistency of defined terms, clarity of structure, and avoidance of boilerplate legalese—into daily practice to improve contract quality and reduce litigation risk.

Kristi Zentner, Esq., is a transactional attorney who represents clients in general business, supply chain management, as well as tariff, customs, and trade matters. Heather Marx. Esq., applies her experience in the areas of complex business and commercial litigation to represent a variety of clients.

Ethical Mistakes that Could Cost You Your License explores the most frequent missteps that lead to attorney discipline—and how to avoid them. From trust account violations to client communication breakdowns, unauthorized practice of law, and improper withdrawal from representation, this program draws from real-world scenarios and applicable ABA Model Rules. Participants will leave with practical tools to improve ethical decision-making, reduce professional risk, and deliver better client service. Learning Objectives:

1. Identify common ethical violations that lead to discipline, suspension, or disbarment.

2. Apply the appropriate ABA Model Rules when managing client funds, communications, and fees.

3. Recognize the boundaries of authorized practice and how to ethically manage multijurisdictional or remote work.

4. Evaluate best practices for withdrawal from representation while safeguarding client interests.

5. Understand the disciplinary process and consequences of failing to respond to a complaint.

Cari L. Sheehan is Assistant General Counsel at Taft Stettinius & Hollister, where she focuses on professional responsibility, conflicts of interest compliance, and civil litigation. She regularly reviews outside counsel guidelines, conflict waivers, and engagement letters, and provides firm-wide ethics training. In addition to her role at Taft, Sheehan is an adjunct professor at Indiana University’s Robert H. McKinney School of Law, where she teaches Professional Responsibility.

This CLE program provides attorneys with critical guidance on navigating the increasingly intertwined worlds of legal ethics, malpractice risk & cybersecurity. As law firms become prime targets for cyber threats, ethical responsibilities under the ABA Model Rules demand heightened awareness and action.

Led by attorney Jeff Cunningham — who defends lawyers and firms in malpractice and ethics cases — this course explores the blurred lines between ethics violations and cyber negligence. Through practical strategies and real-world examples, the course offers attorneys actionable methods to build ethical “guardrails” that protect both client data and professional reputations. Topics include vendor due diligence, cyber infrastructure, legal tech trends, client counseling on cyber duties, and enhancing law firm security teams. Participants will gain a deeper understanding of key ethics rules, including Competence (Rule 1.1), Confidentiality (Rule 1.6), Communication (Rule 1.4), and Supervision Responsibilities (Rules 5.1–5.3), as applied in the digital age. Attorneys will walk away with a playbook for proactive compliance — ensuring they meet ethical obligations while mitigating malpractice and cyber liability in a high-risk environment.

Learning Objectives:

• Identify and interpret key ethical rules—including ABA Model Rules 1.1, 1.4, 1.6, and 5.1–5.3—as they apply to cybersecurity responsibilities in legal practice.

• Distinguish between ethical violations and legal malpractice in the context of cyber risk, and recognize how blurred boundaries create new areas of liability.

• Develop practical strategies for cyber compliance, including building secure infrastructure, conducting vendor due diligence, and training legal staff and nonlawyer personnel.

• Evaluate their firm's current cyber readiness and implement “ethics guardrails” to proactively reduce exposure to cyber threats and ethics grievances.

• Advise clients effectively on their own cybersecurity obligations, enhancing client service and meeting ethical duties under communication and competence rules.

Jeff Cunningham, Esq., actively defends lawyers and acts as outside General Counsel to small and mid-sized law firms across the United States, while also serving as this firm’s General Counsel. Jeff defends industry professionals in a wide range of professional liability, ethics and professional disciplinary matters. With an emphasis on simple systems of risk management, Jeff brings a holistic approach of protecting our clients before problems occur.

Negotiation is at the heart of legal advocacy, but where is the line between persuasive positioning and unethical conduct? This CLE program explores the ethical boundaries attorneys must navigate during negotiation—whether in litigation, contracts, or settlement discussions. Using hypotheticals, real-world case law, and ABA Model Rules, this session dives into candor and misrepresentation, puffery versus deceit, duties when encountering drafting errors, and communication with represented or unrepresented parties. Designed for litigators, transactional attorneys, and in-house counsel alike, this session equips lawyers with practical strategies to uphold professional responsibility while still zealously advocating for their clients.

Learning Objectives:

1. Identify key ethics rules and opinions applicable to negotiation conduct.

2. Distinguish between permissible negotiation tactics (e.g., puffery) and prohibited misrepresentations.

3. Apply ethical duties related to truthfulness and disclosure during settlement or contract drafting.

4. Evaluate risks of liability, including civil, disciplinary, and malpractice exposure for unethical negotiation behavior.

5. Comply with rules governing communication with represented and unrepresented parties.

Noah Fiedler is a shareholder at Barron & Newburger, P.C., where he serves as a co-leader of the Attorney Risk Management Practice Group and heads the firm’s Wisconsin office. He specializes in assisting lawyers and law firms, providing guidance on best practices to prevent issues and representing clients against claims. Noah boasts extensive experience in defending lawyers in cases involving malpractice, breach of fiduciary duty, defamation, misrepresentation claims, and disciplinary proceedings.

In the last installment of his comprehensive evidence series, Michael DeBlis takes a deep dive into every attorney’s favorite subject – out-of-court statements other than the one made by the declarant while testifying at a trial or hearing that is offered into evidence to prove the truth of the matter asserted.

Yes, hearsay. Mike will mainly cover the following points on hearsay: Rule 801 & hearsay definitions, forms of non-hearsay and the hearsay exceptions. Specific topics: determining who the declarant is, the 4 point hearsay checklist, verbal acts, non-assertive conduct, state of mind, prior inconsistent statements, prior consistent statements, prior identifications, direct admissions, transactional words, witness unavailability, present sense impression, excited utterance, statement of present mental or physical condition, past recollection recorded, business records, public records, hearsay exceptions dealing with records, learned treatises, hearsay catch-all exceptions, dying declaration, declaration against interest, hearsay exceptions under 804. Mike will also provide numerous memorable hypotheticals so you can think fast on your feet during the trial and practically deploy the Rules of Evidence to your advantage.

Michael is a partner in the boutique law firm of DeBlis Law where he specializes in tax compliance and entertainment law. As a former public defender, he has spent nearly eight years cutting his teeth on some of the most serious felony cases to pass through the state courts of New Jersey.

Understanding who qualifies as an “employee” under the Fair Labor Standards Act (FLSA) is critical for ensuring wage and hour compliance. In this CLE, Michael Minkoff, Partner at Stevenson Marino LLP, breaks down the legal framework that governs employee classification, with a particular focus on how it impacts minimum wage and overtime eligibility. The program explores key definitions under the FLSA, common exemptions, and the practical implications of misclassification. Attendees will gain a foundational understanding of the criteria used to determine employee status and the potential risks employers face when these rules are misunderstood or ignored.

Learning Objectives:

1. Define the term “employee” under the Fair Labor Standards Act (FLSA) and distinguish it from independent contractors.

2. Identify the key tests and factors used to determine employment status for overtime purposes.

3. Understand the major exemptions to FLSA overtime rules, including the “white-collar” exemptions.

4. Recognize common misclassification pitfalls and legal consequences of non-compliance.

5. Apply FLSA principles to real-world scenarios to better advise clients or assess internal risk.

Michael R. Minkoff is a Partner in Stevenson Marino LLP’s Employment Law and Commercial Litigators group. He advocates for workers cheated out of wages, combats workplace discrimination and harassment, and protects whistleblowers. With experience as lead counsel in over 200 cases, Michael has been appointed class counsel in unpaid wage actions across various industries

“From the River to the Sea, Palestine will be free, Jews for Palestine.” “Let’s take the f*king streets later.” “All Zionists must die tonight at midnight.”

Following the start of the Israel-Hamas War tensions burst wide open on college campuses all over the country following the aftermath of the October 7th attack. By the spring, a wave of pro-Palestinian tent encampments led to massive demonstrations, student takeovers and more than 3,200 people arrested. As tensions escalated, it became very difficult to delineate the line between protected free speech and unprotected harassment & true threats of violence. In this CLE, FIRE attorney Zach Greenberg will give his reasoning why it’s so important to protect the freedom of speech and the freedom of expression on college campuses and the line between protected speech and unprotected threats & harassment. Zach will specifically address: the Looking Glass theory, public vs. private universities, true threats, harassment, the More Speech approach, calls for genocide, encampments, content neutral + time + manner restrictions, disruption & the Heckler’s Veto and creating a culture of free speech.

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

Modern law firm visibility is no longer about phone books and business cards — it’s about showing up ethically in online search results. But maintaining ethical standards when advertising online can be a tricky proposition filled with potential pitfalls.

This CLE explores how attorneys can effectively and ethically use Local SEO, Google Business Profiles, and AI-driven search tools to attract clients while staying compliant with ABA Model Rules 7.1–7.3. Designed for solo practitioner &, small-firm attorneys, this course demystifies the intersection of digital marketing and professional responsibility. Attendees will learn how to increase online visibility, manage client reviews and present truthful, transparent, and compliant content across all digital platforms. Real-world examples illustrate both ethical best practices and common missteps that can lead to bar complaints. The course concludes with actionable strategies attorneys can use to boost rankings — without sacrificing integrity.

Learning Objectives:

• Interpret and apply ABA Model Rules 7.1–7.3 to online marketing, advertising and client communications.

• Understand the fundamentals of Local SEO and how they affect law firm visibility within a defined geographic area.

• Develop, optimize and ethically manage a Google Business Profile to enhance credibility and compliance.

• Implement ethical practices for client testimonials and online reviews, ensuring confidentiality and authenticity.

• Recognize the ethical risks and opportunities in emerging technologies, including AI-driven search algorithms and generative content.

Olha Bodnar is the founder of Ethos Leads, a digital marketing agency for growth-minded law firms. Olha takes a different approach to digital marketing for growth-minded law firms. With over a decade of experience, she understands the unique challenges and ethical concerns attorneys face when advertising online.

Launching and growing a law practice doesn’t require debt, prestige, or expensive marketing campaigns. In this program, Chaz Roberts shares the practical strategies and guiding principles that helped him build a thriving firm from a laptop and a spare bedroom. Attorneys will learn how to start and grow a practice by staying lean, marketing authentically, treating every case like it matters, eliminating harmful habits, and prioritizing relationships and integrity. The course provides practical tools for building a sustainable practice while emphasizing professional responsibility, client service, and attorney wellness.

Learning Objectives:

1. Identify sustainable skills and practice management strategies for starting and growing a law firm with minimal overhead.

2. Apply grassroots marketing techniques that align with the ABA Model Rules of Professional Conduct to build authentic client and community relationships while remaining ethically compliant.

3. Recognize the importance of client service and case preparation in generating referrals and long-term growth.

4. Evaluate common professional pitfalls and harmful habits that undermine attorney competence, client trust, or wellness.

5. Apply the ABA Model Rules of Professional Conduct to everyday law practice decisions in order to enhance client service and build a sustainable, principled practice.

6. Demonstrate how to balance advocacy with professionalism and civility in relationships with clients, colleagues, and the courts.

Chaz Roberts is a distinguished Lafayette-based personal injury attorney and owner of Chaz Roberts Law, LLC, licensed in Louisiana since 2009. A Louisiana State University graduate with a J.D. from Paul M. Hebert Law Center, Chaz founded his firm in 2010 and has been consistently recognized among the state’s top legal talent—recently named a Super Lawyers honoree from 2023 through 2025.

Every attorney strives to be fair and objective—but neuroscience tells us that bias is inevitable. In this engaging and eye-opening CLE, ethics attorney and professor Cari L. Sheehan explores how the human brain forms unconscious associations that can influence perception, communication, hiring, and decision-making. Using neuroscience research, social science data, and real-world disciplinary cases, Sheehan breaks down the mechanics of implicit bias and how it can manifest in everyday law practice. Participants will also learn how Rule 8.4(g) of the ABA Model Rules of Professional Conduct applies to bias, harassment, and discrimination, and how to take proactive steps to create inclusive, equitable workplaces and client relationships.

Learning Objectives:

1. Define unconscious (implicit) bias and explain the neuroscience behind how it develops and influences perception.

2. Identify how implicit bias can manifest in law practice, including client interactions, hiring, promotion, and firm management.

3. Analyze the scope of Rule 8.4(g) and related disciplinary cases addressing bias, harassment, and discrimination.

4. Apply strategies for recognizing and mitigating bias in professional decision-making and interpersonal communication.

5. Implement policies and daily practices that promote inclusion, reduce bias, and uphold ethical duties of fairness and professionalism.

Cari L. Sheehan is Assistant General Counsel at Taft Stettinius & Hollister, where she focuses on professional responsibility, conflicts of interest compliance, and civil litigation. She regularly reviews outside counsel guidelines, conflict waivers, and engagement letters, and provides firm-wide ethics training. In addition to her role at Taft, Sheehan is an adjunct professor at Indiana University’s Robert H. McKinney School of Law, where she teaches Professional Responsibility.

From Mullets on the Go to the KFC Colonel’s Secret Recipe – and even MLB’s Lena Blackburne Rubbing Mud for baseballs– you won’t find a more entertaining CLE. This course features intellectual property attorneys Eric Hanscom and David Branfman, who provide practical guidance for attorneys counseling clients on patent and trade secret protection. Drawing from decades of experience, the presenters explain the distinctions between utility and design patents, the benefits and limitations of provisional applications and the strategic application of trade secrets. Through numerous entertaining case studies and real client stories, this session offers insights into leveraging multiple IP tools effectively. The discussion includes legal requirements, enforcement risks, best practices and how to advise clients based on business goals and budget constraints.

Learning Objectives:

• Understand the distinctions between utility, design, and provisional patents.
• Identify when trade secrets are preferable over patent protection.
• Recognize how trademarks, trade dress, and patents can work in tandem.
• Evaluate common IP pitfalls and missteps made by clients.
• Apply legal and strategic considerations to IP planning and protection.
• Develop trade secret protection plans and understand their legal foundations.
• Analyze real-world examples to understand the practical application of IP law.

Patent attorney Eric Hanscom is actively involved in overseeing IP litigation, contract negotiation and customs issues around the globe. David Branfman’s IP practice focuses on entertainment law, including trademarks, copyrights, trade secrets, licensing, motion pictures & TV and music.

Trial attorneys now increasingly rely on the “Reptile Theory” — a trial strategy designed to awaken jurors’ primal instincts for safety, fear and self-preservation. This technique has been credited with driving a sharp rise in “nuclear verdicts” awarded by juries over the last decade.

In this engaging and highly practical session, veteran trial attorney Kate Whitlock, Esq. explores how these Reptile tactics operate — and how defense counsel can effectively recognize, neutralize, and counter them at every stage of litigation. Kate will examine how juror anger, distrust of authority and media-driven narratives have reshaped the litigation landscape. She provides participants with actionable strategies for depositions, motions practice, voir dire, trial themes and closing arguments to defuse emotional manipulation and restore rational decision-making. Attorneys will leave this session with a deep understanding of the psychological and procedural underpinnings of Reptile Theory, how it manifests in pleadings and discovery and concrete techniques for minimizing exposure to runaway verdicts.

Participants will learn how to:

* Define Reptile Theory and explain its psychological roots in the triune brain model

* Identify hallmarks of Reptile tactics in pleadings, discovery, and witness examination

* Analyze case law restricting or sanctioning Reptile-style argumentation

* Develop motion and deposition strategies to protect witnesses and preserve appellate issues

* Reframe trial themes around reasonableness, personal responsibility, and fairness to neutralize fear-based appeals

Kate Whitlock has spent her career defending and counseling individuals and companies accused of not doing their jobs right. Primarily in professional liability, bad faith and sexual misconduct matters, Kate represents clients in many different fields – legal, insurance, accounting, real estate, education and more.