2023 California CLE blitz virtual program

While January is the start of a new year, it is also the end of the three (3) year MCLE compliance period. Please join Norton Rose Fulbright in our January CLE blitz programming with free online courses, including Ethics, Competence Issues, Recognition and Elimination of Bias and much more.

Day 1 | Tuesday, January 24, 2023

Is it me or my job? | 9:00 – 10:00 am PT

This competence program will explore what anxiety and depression look like, and how they can often be overlooked as part of the "regular" stress that many attorneys associate with practicing law. It will explore options for assistance in an effort to help attorneys identify and address their anxiety and depression, and enable them to keep practicing rather than concluding that they must quit to pursue other careers that they think will make them happier.

Speaker

John Boylston, Senior Client Advisor, McCutchen Group

Arbitration: Drafting effective clauses, the arbitration process, and recent developments | 10:15 – 11:15 am PT

This presentation will address drafting effective arbitration clauses, including considerations concerning the scope of arbitrable disputes, consolidation and joinder of disputes, arbitrator appointment and qualifications, venue/location, governing law, and other issues.  We will also discuss the arbitration process, including determining the arbitrability of claims, enforcing arbitration agreements, determining appropriate forums, discovery limitations, differences between major arbitration organizations and issues with potential appeals of arbitration awards.  Finally, we will cover recent court decisions related to the enforceability of arbitration agreements, including the effect of the U.S. Supreme Court's decision in Viking River Cruises on the arbitration of labor and employment disputes in California.

Speakers

Robin Ball, Partner, Norton Rose Fulbright

Jim Turken, Partner, Norton Rose Fulbright

Lauren Lee, Senior Counsel, Norton Rose Fulbright

California employment law: New year, new challenges | 11:30 am – 12:30 pm PT

California has long posed unique compliance challenges for employers. This year is no different.  During this presentation, we will address new California employment laws, including those related to leave, wage and hour, and the new permanent COVID-19 standard.  We also will focus on particular challenges associated with the state's new pay transparency rules.  Finally, we will cover lessons learned from key employment cases in 2022, and discuss the future of PAGA litigation after Viking River.

Speaker

Phil Di Tullio, Associate, Norton Rose Fulbright

Break | 12:30 – 2:45 pm PT

Survey of current best practices in internal investigations | 2:45 – 3:45 pm PT

The duty of in-house counsel to initiate and oversee internal investigations has never been more prevalent, or burdensome. This presentation will examine the current state of the law regarding internal investigations, including in the areas of:

• Maintaining the attorney-client privilege
• Keeping the company out of investigators' focus
• Working with third parties (including auditors, accountants, and attorneys)
• Working with outside auditors and C-Suite executives and media relations

Speakers

Brian Sun, Partner, Norton Rose Fulbright

Chris Pelham, Head of Litigation and Disputes, Los Angeles, Norton Rose Fulbright

Day 2 | Wednesday, January 25, 2023

What every in-house counsel needs to know about managing counter-party bankruptcy risk as we head towards the next recession | 9:00 – 10:00 am PT

Throughout 2022, economists and financial advisors have been warning that a recession is on its way as the Federal Reserve battles inflation with interest rate hikes. Regardless of whether the recession actually shows up, however, you need to be ready. This presentation will give an overview of the most common bankruptcies and what creditors can/cannot do to protect their rights when a customer, vendor or even a joint venture partner files for bankruptcy. It will include a practical discussion of potential warning signs and what to consider when renegotiating contracts in anticipation of a bankruptcy. The program will explore how a bankruptcy can affect a creditor's' rights, including leases and contracts, special "critical vendor" or administrative payment protections that may be available, and how a debtor may attempt to claw back payments already made before the bankruptcy by filing suit for the avoidance of preferences and/or fraudulent conveyances.

Speakers

Rebecca Winthrop, Partner, Norton Rose Fulbright

Ryan Manns, Co-Head of Restructuring, United States, Norton Rose Fulbright

"Did I just hear that?" Practical considerations and impediments from bias in the courtroom, during arbitrations or in mediations | 10:15 – 11:15 am PT

Practical approaches to identifying, anticipating and counteracting unconscious and conscious biases when managing risk based on real life experiences and examples. We review bias from a practical perspective, beyond the more recognizable protected classes to the kinds of biases that influence decision-making by a trier of fact, arbitrator or mediator.

Speaker

Jayesh Patel, Senior Counsel, Norton Rose Fulbright

Negotiations: Styles, strategies, tools and tactics | 11:30 am – 12:30 pm PT

This presentation will focus on key principles, tools, and strategies for lawyers involved in good faith negotiations.  It will address pre-negotiation preparation, including information gathering and analysis, the negotiation process, and approaches to resolve specific problems that can arise during negotiations.  The presentation will also highlight various negotiation settings and circumstances (e.g., litigation settlement negotiations, transactional negotiations, negotiations involving governmental entities) and how they can affect negotiation strategy.  Finally, it will discuss the ethical boundaries of what California lawyers can and cannot do as negotiators.

Speakers

David Ben-Meir, Partner, Norton Rose Fulbright

Victor Hsu, Partner, Norton Rose Fulbright

Break | 12:30 – 1:30 pm PT

Current developments in legal ethics | 1:30 – 2:30 pm PT

The program will focus on topics including: (i) privilege issues, such as communications between in-house counsel and non-attorneys or unrepresented employees, and the scope of privilege protection of "dual purpose" documents; (ii) ethical issues in discovery; and (iii) remote work and the unauthorized practice of law in California.

Speaker

Josh Lichtman, Partner, Norton Rose Fulbright