Materials for the 2020-2021 Inns Season

Program Descriptions

 

October 7, 2020 - Zoom Virtual Meeting

Are We Already Stuck in the Weeds(s)?*

New Hampshire is quickly becoming an island among states that have legalized/decriminalized recreational marijuana.  This changing landscape, as well as New Hampshire’s own legalization of medical marijuana, has created new opportunities and challenges for New Hampshire businesses and attorneys.  This topic is broad.  The table charged with this CLE is encouraged to consider covering some of the following issues: the ethical rules for attorneys assisting individuals and/or businesses with matters related to medical marijuana and/or the marijuana industry; business/transactional concerns related to businesses engaged in the sale of CBD (or THC) products, including banking and taxation matters; challenges faced by employers related to employee drug use, including drug testing, disability and accommodation concerns, and the intersection of state and federal laws; and, the New Hampshire Supreme Court’s recent decision in Appeal of Panaggio addressing reimbursement through workers’ compensation for medical marijuana.

 

CLE Materials

 

November 4, 2020 - Zoom Virtual Meeting

Patents, Copyright, and Trademarks . . . Oh My!:  Intellectual Property Law for the Non-Intellectual Property Law Attorneys

We’re not in Kansas anymore!  Most attorneys do not know much (or anything) about intellectual property law.  Yet, we are likely to face intellectual property issues as attorneys.  For the past few years, we have had joint meetings with the Gajarsa Inn, New Hampshire’s intellectual property law Inn.  This year, the Gajarsa Inn will provide us with what we need to know about intellectual property law.

 

KRAKEN TANK

In this episode of KRAKEN TANK®, the Krakens hear pitches from three businesses asking for investments.  The inventions behind these three investment proposals are a cure for COVID-19, a privacy wall that sets up in seconds, and a dog distractor.  Our business owners have interesting backgrounds in criminal, domestic relations, and debtor-creditor issues.  Watch and see if the Krakens invest!  Businesses boom if a Kraken invests in them, almost without exception.  Will any of these inventions get that miracle boost?

Kraken CLE Material

December 2, 2020 - Zoom Virtual Meeting

Developments in RSA 91-A Jurisprudence

One of the fundamental rights in the New Hampshire State Constitution’s Bill of Rights is the public’s right of access to governmental proceedings and records and that government “should be open, accessible, accountable and responsive.” N.H. Const. Pt. 1, Sec. 8. The General Court further developed this right by enacting Chapter 91-A Access to Governmental Records and Meetings which provides an individual access right to certain governmental records. This summer, the New Hampshire Supreme Court issued two published decision, Seacoast Newspapers, Inc. v. City of Portsmouth and Union Leader Corporation &. a. v. Town of Salem, and one unpublished decision, Marianne Salcetti & a. v. City of Keene examining issues related to RSA 91-A and overturned one of its prior decisions, State v. Fenniman, 136 N.H. 624 (1993). Since access to governmental records, including police disciplinary records, has been a topic of significant cultural discussion recently, please share the recent developments in NH 91-A caselaw with the Inn. In considering your presentation, it may make sense to look at some of the other related statutes, such as NH RSA 105:13-b, as well.

91-A Request Notes

All Case Law

Chapter91-A  Access to Governmental Records and Meetings

 

January 6, 2021 - Zoom Virtual Meeting

Judges’ Roundtable

A panel of judges will discuss the anatomy of a trial with a focus on trial advocacy.

 

February 3, 2021 - Zoom Virtual Meeting

Virtual Advocacy 

We are all working more remotely.  The combination of fast, cheap online access and advancing videoconferencing technology means the Zoom deposition is here to stay.  Indeed, many litigants have already concluded that it is better to complete even evidentiary hearings remotely than to wait for in-person court proceedings to resume in earnest.  This CLE will help practitioners navigate this new reality.  Questions that the table presenting should consider covering include the following.  What is appropriate dress for a new client meeting via Zoom?  What should you consider before agreeing to a virtual hearing?  What sorts of non-verbal communication are important to keep in mind during virtual proceedings?  How should you counsel a client when you have been ordered to participate in a virtual hearing?  What are best practices for a virtual deposition?  How should exhibits be handled?  What steps are necessary to address any relevant confidentiality concerns?  Do the benefits of a virtual trial outweigh the costs of a cumbersome socially-distanced in-person proceeding?

Bench Notes Five More Tips for Bringing Your Video Advocacy to the Next Level

Bench Notes Tips for Video Hearings

Checklist for Virtual Hearings and Bench Trials

Counsel AAAL Remote Task Force Recommendations for Counsel Final

Ethical Considerations for Remote Litigation

Principles for Continued Use of Remote Court Proceedings

Questions for Video Depositions

The Impact of Video Proceedings on Fairness and Access to Justice in Court

 

March 3, 2021 - Venue to be determined

COVID-Related Tort Claims and Liability

The resumption of economic activity across the country gives rise to numerous questions about the legal risks of operating in the midst of a pandemic. Personal injury claims based on COVID-19 have already been filed in a number of jurisdictions.  Existing actions have been predicated a various theories of liability including failure to warn of the presence of a COVID-19 outbreak, failure to take reasonable steps to prevent viral spread, and even theories of public nuisance echoing strategies in response to other public health crisis such as in opioid, tobacco, and environmental litigation.  Indeed, the potential for a high volume of lawsuits has prompted industry to seek tort immunity at both the State and Federal level.  This CLE will explore what the COVID-era of tort litigation might look like, the most likely areas of success for the Plaintiff's bar, and the practical and legal responses that may be deployed by the defense bar.

Covid-Related Tort Claims and Liability Course Materials

 

April 7, 2021  - Venue to be determine

Parenting Plans

This program will look at the changes that have occurred to the Court’s standard form Parenting Plan and topics which are often overlooked by practitioners. These include issues such as Residential Responsibility and the abandonment of past concepts such as: (a) custody, primary residential responsibility, sole custody, and primary parent, (b) relocation, and (c) methods or resolving disputes. It will  look at the importance of carefully describing the parenting schedule and decision-making, enforcement of Parenting Plans during the pandemic, enforcement of Parenting Plans where parental alienation or domestic abuse is alleged. It will also look at using a Guardian ad Litem in developing a Parenting Plan.

Index Parenting Plan Presentation

Parenting Plan Presentation

 

May 5, 2021 - Venue to be determined

Clients with Diminished Capacity (Ethics)

This program will focus on the numerous considerations and obligations attorneys have when working with clients whom have diminished capacity. It is anticipated that the program will cover attorneys’ obligations when representing such clients in a variety of circumstances, for example: wards or proposed wards in a guardianship proceeding; minors in a personal injury case; estate planning clients who while having a diminished capacity are still legally mentally competent but may be more susceptible to undue influence from relatives; clients with an alcohol or drug problem; and divorce clients that are emotionally distraught and not thinking as rational as they normally do. The different legal standards and overarching ethical standards will be discuss along with practical tips and insights.

Representing Clients With Diminished Capacity

 

Inn meetings will be held either Virtually or at The Puritan Conference & Event Center: Suite B -  245 Hooksett Road, Manchester, NH 03104

 

 

Materials for the 2019-2020 Inns Season

Program Descriptions

October 2, 2019 -Judges Roundtable

       Judges' Round Table

November 6, 2019 -  Honoring the Life and Legacy of Justice Batchelder

Smith v Cote

Plante v Engel

State v Smart

State v Gravel

State v Costello

State v Cavanaugh

Merrill V City of Manchester

State v Tufts

Daigle v City of Portsmouth

Britton v Town of Chester

Obituary Wm F Batchelder

Remembering a Former Justice by B. Cook

N H Reports 140

Lessons Learned Murphy

December  4, 2019 - New NH Constitutional Amendment - What Now?

On December 5, 2019, the people of New Hampshire amended the New Hampshire Constitution by adding:  "[a]n individual's right to live free from governmental intrusion in private or personal information is natural, essential, and inherent."  The table's challenge is to shed light on these ninteen words.  What was the state of privacy rights under the New Hampshire Consitution before the passage of the amendment?  Where does the new amendment sit within that prior law?

N H Privacy Rights

Case Scenario

Case Summaries

Guardianship Hypothetical

Hypotheticals

Scherr-Genetic Privacy & 4th Amendment

Gomillion v State

Hope Clinic for Women

Loder v City of Glendale

People v Buza

Robinson v Seattle

State v Conforti

Table 3 Presentation on Privacy

Thomas v Smith

State v Morris

State v Reid

January  8, 2020 - Ethics/Privilege/Rule 4.2--

Rule 4.2 prohibits an attorney from communicating about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter.  When representing individuals, this rule seems relatively straightforward.  However, complications can arise when litigation involves businesses and other entitites/organizations.  Who exactly do you represent?  To whom do you owe a duty?  How does your representation of one affect perceived responsibilities to others?  Which witnesses can you contact?  These and other questions will be addressed in this engaging CLE.

 Ethics, Privilege, Rule 4.2

February 5, 2020 -  Affirmative Defenses/Estoppel, Etc.

This program will focus on affirmative and other defenses that should be considered when responding to a lawsuit.  It will address: 

.  Affirmative defenses identified in New Hampshire Superior Court Rule 9(d) and FederalRule of Civil Procedure 9(c)(1);

.  The difference between the treatment of other defenses under Superior Court Rule 9(3) and Federal Rule of Civil Procddure 12(h)(1);

. Pleading fraud or mistake as an affirmative defense consistent with Federal Rule of Civil Procedure 9(b);

. Specific affirmative defenses that may apply in certain kinds of cases, such as those available in employment cases like the Faragher-Ellerth defense; and,

. The difference between affirmative defenses and other defenses sometimes listed with affirmative defenses, such as failure to state a claim or good faith.

 Affirmative Defenses Questions & Answers

 

March 4, 2020  - Property and Debt Division Among Unmarried Couples 

This program will discuss the alternatives for unmarried couples that break up in dividing property whether it relates to the division of real estate, personal property, bank and investment accounts, or a business and debt.  It is anticipated that the group will discuss, among other topics:  partition, de facto partnership, unjust enrichment, constructive trusts, the common law spouse statute, perils of holding the household finances in a jont bank account, joint debt and credit history effected thereby, as well as practical tips to discuss with unmarried couples of the benefit of having agreements in place when entering into a long term relationship.

Property Division Written Materials

Property Division PowerPoint

April 1, 2020  -  Marijuana Law Issues--Are We alread Stuck in the Weed(s)? 

New Hampshire is quickly becoming an island among states that have legalized/decriminalized recreational marijuana.  This changing landscape, as well as New Hampshire's own legalization of medical marijuana, has created new opportunities and challenges for New Hampshire businesses and attorneys.  This topic is broad.  The table charged with this CLE is encouraged to consider covering some of the following issues:  the ethical rules for attorneys assisting individuals and/or businesses with matters related to medical marijuana and/or the marijuana industry; business/transactional concerns related to businesses engaged in the sale of CBD (or THC) products, including banking and taxation matters; challenges faced by employers related to employee drug use, including drug testing, disability and accommodation concerns, and the intersection of state and federal laws; and, the New Hampshire Supreme Court's recent decision in Appeal of Panaggio addressing reimbursement through workers' compensation for medical marijuana.

 

May 6, 2020  -  Patents, Copyright, and Trademarks...Oh My!:  Intellectual Property Law for the Non-IP Law Attorneys 

We're not in Kansas anymore!  Most attorneys do not know much (or anything) about intellectual property law.  Yet, we are likely to face intellectual property issues as attorneys.  For the past few years, we have had joint meetings with the Gajarsa Inn, New Hampshire's intellectual property law Inn.  This year, the Gajarsa Inn will present at our final meeting of the seson and will provide us with what we need to know about intellectual property law.

Materials for the 2018-2019 Inns Season

Program Descriptions

October 3, 2018 -Judges Roundtable:  Bench Trials

 Bench Trials:  Executive Summary of Material

Packet of Rules

November 7, 2018 -  NH Wage and Hour Law Primer

Explanation Paragraphs

Game Show Questions

Sources

Who Wants to Be a Millionaire-PowerPoint

December  4, 2018 - Technology and the Fourth Amendment

Power Point Presentation - December 4, 2018

4th Amendment - State Constitution Search & Seizure Provisions

January  2, 2019 - Basic Estate Planning

Basic Estate Planning

A Little Ditty - Powerpoint

 

February 6, 2019 -  Non-Competition, Non-Solicitation, Confidentiality Agreements

Case Law & Statutes -- Non-Competition, Non-Solicitation, Confidentiality Agreements

CLE Materials -- Non-Competition, Non-Solicitation, Confidentiality Agreements

Hypothetical 1 - Non-Compete

Hypothetical 2 - Business Non-Compete

Hypothetical 3 - Confidentiality Trade Secrets

Hypothetical 4 - Reformation of Non-Compete

Hypothetical 5 - Confidentiality Agreement

Hypothetical 6 - CPA Claims

March 6, 2019  - The Trial Electric

Inns Cover Page

BL Electronic Evidence

Dur-a-Flex Case Study

Trial Presentation Tips

Trial Science Ad

Tulsa Law Review

 

April 3, 2019  -  Depositions:  Nuts and Bolts

 Depositions:  Nuts and Bolts

May 1, 2019  -  Conflicts of Interest

Conflicts of Interest - Handout PP

BCBS - NH - VT v. St. Cyr

Briere v. Briere

Conflicts of Interest in the Representation of Children

Goodrich v. Goodrich, 158 N.H. 130

In re Boyle's case

In re Wyatt's case

Item P Ethics Opinion Conflicts and DeBenedetto Disclosure

Lutkus v Lutkus

O'Meara's Case, 164 N.H. 170

Rule 1.7 - Conflicts of Interest

Rule 1.8 - Conflicts of Interest - Current Clients Specific Rules

Rule 1.9 - Duties to Former Clients

Rule 1.10 - Imputation of Conflicts of Interest General Rule

Rule 1.11 - Special Conflicts of Interest for Former & Current Government Officers and Employees

Salomen's Case, 2019 N.H. LEXIS 8

Scenario 1

Scenario 2

Scenario 3

Shillen's case, 2019 N.H. 132

Siciliano v. Capitol City Shows

State v. Decker, 138 N.H. 432

State v. Gonzalez, 170 N.H. 398

Vachon v. Halford

Materials for the 2017-18 Inns Season

Program Descriptions

October 2017 - Help! The Dove Project

November 2017 - Everybody's Got Something to Hide Except Me and My Monkey:  State v. Richards, the Fifth Amendment, and Fairness to third Party Witnesses

December 2017 - We Can Work It Out:  Involvement in the Legislative Process and Lobbying

January 2018 - Carry that Weight:  The Art and Science of Effective Cross-Examination

February 2018 - Come and Get It:  Subpoenas and Abuse of Subpoenas

March 2018 - Shout:  Trial Publicity and Transparency in the Courts

 

April 2018 - You've Got to Hide Your Love Away:  Abusive Litigation Practices in Family Law

May 2018 - Fool on the Hill:  Law Office Management

Materials for the 2016-17 Inns Season

October - "Hackers": Data Security for Lawyers

November - "A Few Good Men": State v. Laurie & Its Consequences

December - "The Santa Clause": Settlement Agreements

January - "Grumpy Old Men": NH Lawyers' Assistance Program

February - "Gone with the Wind": Preserving Issues for Appeal

March - "The Money Pit": Accounting/Finance/Valuation

April - "Risky Business": Individual Liability in Running a Business

May - "The Paper Chase": Legal Writing

Materials from the 2015-16 Inn Presentations

October - Judicial Perspective:  Here Comes the Judges - Part II

November - Claims Adjusters and Insurance Companies

December - Drug Court

January - Conflicts of Interest

February - Juror's Perspective and Voir Dire

March - Expert Preparation from the Expert's Perspective

April - Public Perspective

May - Mediation from the Mediator's Perspective