The Daniel Webster Batchelder American Inn of Court
Past Materials: 2015 through 2022

Past Materials: DWBAIC 2015 through 2021

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.

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