New York (NY) Litigation CLE Course Catalog

These days, manufacturers of nearly every consumer product under the sun are catching false advertising claims. If you make a consumer-facing product, the odds are, litigation like this is not a matter of if but when, which means, false advertising litigation is just another business risk to be managed, mitigated, and optimized. This program takes a closer look at the landscape, and offers some practical advice and key considerations for how a business might implement some systems to manage this risk. Social media can be a powerful tool for companies to help build relationships with their customers and employees. However, with the benefits of this tool come corresponding risks. If your company distributes content on-line, the Digital Millennium Copyright Act can be your best friend -- and your worst enemy -- often at the same time. This program gives you the advice you need to prosecute or defend online copyright infringement claims.

In this installment of our Double Play series, our two, thirty-minute programs cover winning on appeal and how to know if your litigator is failing you. Whether you’ve won or lost in the trial court, pivoting successfully from trial court to appellate litigator can make the difference between losing and winning your appeal.

This program guides you through the strategic decisions you need to make and the practical steps you need to follow to brief, argue and win your next appeal. Just because very few cases end up going to trial doesn't mean you don't need to prepare for trial in every case. Successfully defending claims in litigation requires your company to tell a compelling story to the judge and jury, and trial lawyers are highly skilled at developing and telling those stories. This program provides valuable insights and advice for in-house counsel selecting outside litigators and managing litigation from commencement through to settlement or trial.

Managing the litigation and regulatory requests that large corporations face is not an easy task, but the experts in Microsoft and Duke Energy's legal departments are up to the task! Join us to learn how Microsoft and Duke Energy approach their eDiscovery obligations utilizing Advanced eDiscovery in Microsoft 365, including some tips and tricks they have learned along the way.

Whether it’s for litigation, investigations, or crisis management, the legal hold is one of the most important parts of a proper information governance program, and legal hold errors can lead to serious consequences for your organization. Join us as prominent attorneys from the corporate sector and government—including the former Director of Information Governance at the White House—join technical experts to discuss the legal hold process from corporations and governments to law firms and service providers. We’ll cover legal considerations, including recent case law on data preservation obligations, technical considerations, and workflow issues, with insight on how you can protect your organization.

In this CLE-accredited session, hear from leading legal experts on how they have short-circuited often expensive and time-consuming investigations efforts to find the evidence that will tell the story. They will share their experiences on collecting data from remote employees, ephemeral data preservation obligations and effective instant messaging, social media and BYOD policies, project management techniques, and use of targeted analytics approaches to assess potential evidence.

All it takes is one employee clicking on the wrong link in an email, and the hundreds of thousands of dollars you spend on your security infrastructure are useless. So to sit back and rely on your IT department with the expectation that nothing will ever go wrong is a risky proposition. Issues related to data privacy and cybersecurity are not limited to large organizations. In fact, depending on what reports you read, anywhere from 40% to 60% of cyber-attacks specifically target small to medium-sized businesses, and upwards of 70% of small businesses have experienced some form of cyberattack in the last year. The smaller the business, the fewer the resources it will typically have to spend on cybersecurity. If you think a good cybersecurity plan and infrastructure is too expensive, wait until you find out how much it costs not to have one.

This panel will examine creditors vs. creditors in liability-management transactions (Boardriders, Serta, Travelport, Trimark), collective actions and credit bidding (Speedcast, Alta Masa, Empire Generating, Allied), strict foreclosure in light of TIA 316(b) (CNH Diversified Opportunities v. Cleveland Unlimited), de facto claim-subordination (La Paloma), rights preserved for junior creditors under an intercreditor agreement (do the exceptions swallow the rule (Claires, Momentive)?), and practical considerations such as coordination agreements, unitranche facilities and CLOs in restructurings.

This panel also will cover topics ranging from access to courts, to the increased use of inherent judicial power, to virtual trials, to valuation and compromise in uncertain (unprecedented) times, to recent developments in avoidance actions.

A frequent element of bankruptcy cases is the assertion of claims against the directors and officers of the debtor, particularly when the debtor has a significant D&O insurance policy. This panel will explore the use of fiduciary-duty litigation in bankruptcy by dissecting the anatomy of a D&O lawsuit, including the types of claims asserted and their possible defenses. The panelists will also discuss how to analyze D&O insurance policies, and such key issues as whether the proceeds of D&O policies are considered property of the estate. Finally, the panelists will highlight best practices for debtors’ counsel faced with such claims, and show how to navigate potential ethical issues.