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In this third program in the series, Zach McGee explores 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? Zach uses notorious scandals at Theranos, Volkswagen and Turing Pharmaceuticals to illustrate how real-world institutional and competitive pressures can lead some business leaders to follow unethical business practices. Rules covered include: ABA Model Rule 2.1; ABA Model Rule 4.1; and Cal. Bus. & Prof. Code Section 6068.

You’ve probably heard of the Supreme Court’s “shadow docket,” but do you know how it can be used to affect the Court’s rulings? In the next installment of this popular series, Peter Afrasiabi reviews the origins and current usage of the “shadow docket,” including some proposed reforms to the practice. Peter also discusses the broader topic of transparency at the Court in light of the unprecedented leak of a draft opinion, the use of live audio feeds of oral arguments during COVID and other recent developments.

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

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

In this program, you'll learn the lessons of some data breach cases that can help you protect your company when facing a data breach. This program also provides timely, actionable advice that includes the 5 things you can start doing today to help prevent data breaches and better prepare your company to respond to them if they do occur, focusing on the healthcare space where data breaches can include disclosure of personal health information regulated by state and federal laws including the Health Insurance Portability and Accountability Act (HIPAA).

In this installment of our Double Play series, our two, thirty-minute programs cover five ethical traps in defending class actions and ethical issues in multijurisdictional practice. Can your company offer customers a discount on future purchases in exchange for a waiver of claims after a class has been certified? Can you ethically obtain declarations from putative class members to help oppose class certification? This program considers these and other important ethical issues that often arise in class actions. How well do you know the rules that govern your ability to perform legal services 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.

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

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