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In the latest installment in the popular “Negotiation Ethics for Lawyers” series, Zach McGee examines the use of “paltering” in negotiations – the active use of truthful statements to create a false impression – to explore whether such behavior by lawyers is ethical. Paltering 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 program, 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. Using a hypothetical negotiation between lawyers, Zach will review the ethics rules that apply to lawyers in negotiations and discuss whether paltering in this context is permitted by the rules. You’ll also learn some negotiation techniques that you can use when your opponent is paltering to protect yourself and your client from being deceived. Rules covered include: ABA Model Rules 4.1 & 8.4; Cal. Business & Professions Code Sec. 6068.

Join this panel as they discuss how best to manage contracts lifecycles and how legal’s role in it can help the process of aligning objectives to business targets.

Data has never been more intimidating: Slack attacks, Zoom booms, short format and continual messaging, and more apps that you can count. A tsunami of new and emerging data sources – ones that don’t work when handled as a traditional document – is crashing down on us. Learn how our panelists not just survive but thrive working with data like Slack, Teams, Zoom, WhatsApp, social media, and more.

In this session, you’ll hear from experts and peers with hands-on experience using contract AI to solve for compliance challenges.

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 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.

Did you know that the U.S. Supreme Court had decided only two cases interpreting the Second Amendment prior to 2008? Since then, and starting with the Supreme Court’s Heller decision, the Second Amendment has become a hotbed of activity at the High Court and in the lower federal with important decisions coming down nearly every year. 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.

This program explores how implicit bias works and how it affects day-to-day decisions and the exercise of discretion, including its impact on the legal profession. This presentation includes a discussion of scenarios based on typical interactions, including the fact that initial impressions matter and concludes with some advice on how to overcome implicit biases.