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Live Webinar

90-minute live streaming program
  • January 24
  • 1:00 - 2:30 pm EST

Administering Ethical and Admissible Pretext Investigations

January 24

Gain an understanding of recommended guidelines for the best practices on various jurisdictions to avoid ethical drawbacks.

The professional responsibility rules governing lawyers, including the actions of their agents, prohibit deceptive behavior in the course of their professional conduct. Failure to abide by the rules can result in professional discipline as well as evidence suppression and other sanctions in court actions. However, Rule 11 of the Federal Rules of Civil Procedure requires attorneys signing a pleading to certify that based on a reasonable inquiry, the factual contentions have or will have evidentiary support. Trademark, copyright and counterfeiting cases present special considerations, as it is often necessary to investigate the suspected conduct surreptitiously to catch the perpetrators red-handed before filing litigation. The tension between the nondeception ethics rules and conducting pretext investigations has not been resolved uniformly by the courts or disciplinary commissions around the country. This topic will explain how the rules have been applied in various jurisdictions, and will suggest guidelines on best practices to avoid ethical pitfalls. It will also include instructive war stories from the trenches by an experienced investigator.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

Robert W. Sacoff Presents
  • The ABA Ethical Rules and Prohibitions Against Deception
  • The Federal, State, and Disciplinary Case Law Applying These Rules to Pretext Investigations in Trademark and Copyright Cases
  • Suggested Guidelines for Applying the Rules and Case Law to Your Situation
Ken Taylor Presents
  • How Private Investigators Approach These Issues and Practicalities
  • Practical Approaches to in Response to Legal Findings
  • War Stories From the Trenches and the Outcomes of Ethical Challenges
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

Live Webinar Registration

  • AK CLE 1.5 including Ethics 1
     
  • Alaska attorneys may receive 1.5 hours of continuing legal education, including 1.00 hour of ethics credit for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
     
  • AL CLE 1.5 including Ethics 1
     
  • This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours' credit, including 1.0 hour of ethics credit.
     
  • AR CLE 1.5 including Ethics 1
     
  • This course has been approved for 1.5 hours of CLE by the Arkansas CLE Board, including 1.00 hour of ethics credit.
     
  • Arizona CLE 1.5 including Ethics 1
     
  • The State Bar of Arizona does not approve or accredit CLE activities for the Mandatory Continuing Legal Education requirement. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona, including 1.00 hour of professional responsibility.
     
  • CA MCLE 1.5 including Ethics 1
     
  • Lorman Business Center, Inc. is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit, of which includes 1.00 hour of ethics credit.
     
  • CO CLE 2.0 including Ethics 1
     
  • This program may qualify for 2.0 credit hours including 1.0 hour of ethics credit through the Colorado Supreme Court Board of Continuing Legal and Judicial Education through reciprocity. This course is accredited in other jurisdictions such as New Jersey. To receive CLE credit for this program, a home study affidavit must be submitted to the Supreme Court Board of Continuing Legal and Judicial Education.
     
  • CT CLE 1.5 including Ethics 1
     
  • Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.5 CLE credit(s) including 1.00 hour(s) of ethics credit.
     
  • DE CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Delaware Commission on Continuing Legal Education for 1.5 hours of CLE credit, including 1.5 hour of enhanced ethics credit.
     
  • FL CLE 2.0 including Ethics 1
     
  • This course has been approved by The Florida Bar for 2.0 hour(s) of CLE credit, including 1.00 hour(s) of ethics credit. Course classification: Intermediate level.
     
  • GA CLE 1.5 including Ethics 1
     
  • This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.5 CLE hours, including 1.0 ethics hour.
     
  • HI CLE 1.5 including Ethics 1
     
  • This program was approved by the Hawaii State Board of Continuing Legal Education for 1.5 CLE credit hours including 1.00 ethics hour.
     
  • IA CLE 1.5 including Ethics 1
     
  • Administering Ethical and Admissible Pretext Investigations is accredited under the regulations of the Iowa Supreme Court Commission on Continuing Legal Education. It is planned that this program will provide up to a maximum of 1.5 hours of credit, including 1.00 hour of ethics credit toward the mandatory continuing legal education requirements under the Iowa rule.
     
  • IL CLE 1.5 including Professional Responsibility 1
     
  • This course was approved for a total of 1.5 hours of MCLE Credit by the Illinois MCLE Board. Of that total, 1.00 credits were approved as Professional Responsibility credits to the Illinois Commission on Professionalism.
     
  • IN CLE 1.5 including Ethics 1
     
  • This program has been approved by the Indiana Commission for Continuing Legal Education. Participating attorneys are eligible to receive up to 1.5 hours of Distance Education CLE credit which includes 1.0 hour(s) of ethics.
     
  • KS CLE 1.5
     
  • This course has been approved by the Kansas Continuing Legal Education Commission for a maximum of 1.5 CLE credit hours.
     
  • KY CLE 1.5 (Pending)
     
  • Application for approval of this activity for a maximum of 1.5 credits is PENDING before the Kentucky Bar Association Continuing Legal Education Commission.
     
  • LA CLE 1.5 including Ethics 1
     
  • This program has been approved by the Louisiana State Bar MCLE Committee for 1.5 CLE hours, including 1.00 hours of ethics credit.
     
  • ME CLE 1.5 including Ethics 1
     
  • This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 1.5 hours of CLE credit including 1.00 ethics hour under M. Bar R. 12.
     
  • MN CLE 1.5 including Ethics 1
     
  • This program has been approved by the Minnesota Board of Continuing Legal Education for 1.5 hours of credit, including 1.00 hour of ethics credit.
     
  • MO CLE 1.8 including Ethics 1.2
     
  • This program has been approved by the Missouri Bar for 1.8 hours of CLE, including 1.2 hour of ethics credit.
     
  • MS CLE 1.5 including Ethics 1
     
  • This program has been approved by the Mississippi Commission on Continuing Legal Education for a maximum of 1.5 credit hours, including 1.0 hours of ethics credit.
     
  • MT CLE 1.5 including Ethics 1
     
  • This program has been approved by the Montana Board of Continuing Legal Education for a total of 1.5 CLE credits, which includes 1.00 hour of ethics credit.
     
  • NC CLE 1.5 (Pending)
     
  • ND CLE 1.5
     
  • This program has been reviewed by the North Dakota Commission for Continuing Legal Education and approved for 1.5 hours of CLE credit, including 0.00 hour of ethics credit.
     
  • NE CLE 1.5 including Professional Responsibility 1
     
  • Lorman Business Center, Inc. is an accredited CLE sponsor in the State of Nebraska and certifies that this activity has been approved for 1.5 hours of CLE credit in the State of Nebraska, including 1.00 hour of professional responsibility credit.
     
  • NH MCLE 1.5 including Ethics 1
     
  • NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). This Program contains 90 minutes of legal ethics credit.
     
  • NJ CLE 1.8 including Ethics 1.2
     
  • This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.8 hours of total CLE credit. Of these, 1.2 qualify as hours of credit for ethics/professional responsibility.
     
  • NM CLE 1.5 including Ethics 1
     
  • This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit, including 1.0 hour of ethics credit.
     
  • NV CLE 1.5 including Ethics 1
     
  • This program has been approved by the Nevada Board of Continuing Legal Education for 1.5 CLE hours, including 1.00 hour of ethics credit.
     
  • NY CLE 1.5 including Ethics and Professionalism 1; Areas of Professional Practice 0.5
     
  • This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Ethics and Professionalism for 1.00 hour and Areas of Professional Practice for 0.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Business Center, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
     
  • OH CLE 1.5 including Professional Conduct 1
     
  • This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.5 CLE credit hours, including Ethics for hour. Please note that in order to receive OH CLE credit for this audio conference you MUST use the streaming option and enable and complete the required progress checks.
     
  • OK CLE 2.0 including Ethics 1
     
  • This course has been approved by the Mandatory Continuing Legal Education Commission of Oklahoma for a maximum of 2.0 hours credit, of which 1.00 hours are credits covering legal ethics.
     
  • OR CLE 1.5 (Pending)
     
  • MCLE Credit in Oregon is pending.
     
  • PA CLE 1.5 including Ethics 1; Substantive 0.5
     
  • This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.5 hours including 0.50 hours of substantive law, practice and procedure CLE credit and 1.00 hour of ethics, professionalism or substance abuse CLE credit.
     
  • RI CLE 1.5 including Ethics 1
     
  • This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • TN CLE 1.5 including Dual 1
     
  • This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.5 hours of credit, including 1.00 hour of dual credit.
     
  • TX MCLE 1.5 including Ethics 1
     
  • This program has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.5 credit hours, of which 1.00 hour will apply to legal ethics/professional responsibility. Lorman Education Services is an accredited sponsor approved by the State Bar of Texas, Committee on MCLE. This course is eligible for specialization credits in the area(s) of . This program has been approved by the Texas State Bar College for 1.5 hours of CLE credit, of which 1.00 hour will apply to legal ethics/professional responsibility.
     
  • UT CLE 1.5 including Ethics 1
     
  • This program has been approved by the Utah State Board of Continuing Legal Education for 1.5 CLE hours, including 1.00 hour of ethics credit.
     
  • VA CLE 1.5 (Pending)
     
  • This program has been submitted to the Virginia Mandatory Continuing Legal Education Board for 1.5 CLE credit hours.
     
  • VT CLE 1.5 including Ethics 1
     
  • This program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hours of CLE credit, including 1.00 hour of ethics credit.
     
  • WA CLE 1.5 including Ethics 1
     
  • This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of credit, including 1.00 hour of ethics credit.
     
  • WI CLE 1.5 including Ethics 1.5
     
  • This program has been approved by the Board of Bar Examiners for 1.5 hours for use toward the Wisconsin Mandatory CLE requirement, including 1.50 hour of ethics credit.
     
  • WV MCLE 1.8 including Ethics 1.2
     
  • This program has been approved by the West Virginia State Bar MCLE Commission for 1.8 MCLE hours, including 1.2 hour of ethics credit.
     
  • NALA 1.5 including Ethics 1
     
  • This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, for continuing legal assistant education credit required to maintain the CP (Certified Paralegal) credential for 1.5 hours, including 1.00 hour of ethics credit.
     

This program format does NOT qualify, nor meet the National Standard for NASBA accreditation.

Who should attend?

This live webinar is primarily designed for attorneys. Other legal professionals may also benefit from attending.

Purchase Options

More Program Information

Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Robert W. Sacoff

Robert W. Sacoff

Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP

  • Partner with Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
  • Focuses on trademark, copyright and unfair competition law and litigation for more than 30 years
  • Has spoken and presented papers at many seminars and workshops on trademark and unfair competition law
  • Regularly listed in professional reviews such as World Trademark Review, Legal 500, International Who's Who of Trademark Lawyers, Martindale-Hubbell, Illinois Super Lawyers, International Who's Who of Business Lawyers, and Leading Lawyers
  • J.D. degree, Northwestern University School of Law; member, Northwestern Law Review
  • Served as Chair of the ABA Section of Intellectual Property Law, and President of the AIPPI U.S. Group
  • Can be contacted at 200 S. Wacker Drive, Suite 2900, Chicago, IL 60606, by phone 312-554-7934 or email [email protected]
Ken Taylor

Ken Taylor

Com Laude USA

  • Director of Business Development at Com Laude 2014-present
  • Chairman and CEO Marksmen (a world leader in Brand Protection Services) 1998-2014
  • Licensed Private Investigator in North Carolina and California since 1998. In that time, directed more than 75,000 worldwide IP related investigations and acquisitions
  • Actively involved with various IP, anti-counterfeiting and Internet organizations since 1998 including INTA, IPO, PTMG, MARQUES, ICANN, AIPLA and the IACC
  • Frequent speaker on ethical investigations since 2000 at INTA, as well as at various state IP law association group meetings and law firm partner retreats around the country. His presentations have qualified for CLE in NC, DC, NY, CA, CO, GA, MN, WA, AZ, FL, PA, TX, NV, NJ, CT, AL
  • Can be contacted at 1751 Pinnacle Drive, Suite 600, McClean VA, 22102, by phone 919-271-5111 or email ken.t[email protected]
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

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Product ID: 401770
Published 2018
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