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Live Seminar

Drone Law

Seminar

Date:

Wednesday, June 28, 2017

Time:

9:00 AM - 4:30 PM

Product ID#:

76062ER

Location:

Fireside Inn & Suites
81 Riverside Street
Portland, ME 04103

$349.00

$339 / Each Additional

Registration Includes Course Book

Credit Information

Continuing Legal Education

  • ME CLE - 6.00

Other

  • IACET - 0.60

Program Description

Legal Best Practices for the Use of Unmanned Aircraft Systems

The use of unmanned aircraft systems (UAS), or drones, is becoming much more common, but how confident are you in your ability to provide clients with answers to their most pressing legal questions regarding the use of this emerging technology? In this comprehensive overview of the current legal landscape, our experienced faculty will illuminate the many pitfalls that exist and provide you with the information you need to provide practical legal advice to government, commercial and recreational UAS users. Ensure your clients understand the legal aspects of responsible drone usage - register today!

  • Understand the legal and practical definitions of what is - and is not - a drone.
  • Get the latest updates on drone legal requirements that your clients need to remain compliant.
  • Determine when and where drones can be used for commercial or hobby purposes.
  • Analyze current Federal Aviation Administration (FAA) enforcement efforts, and advise commercial UAS users on legal best practices.
  • Advise public users of drones on best practices to protect the 4th Amendment rights of citizens.
  • Know what constitutes aerial trespass in the space above homes and business.
  • Confidently navigate state and local UAS laws, rules, regulations and zoning codes.
  • Establish when drone footage is discoverable for litigation purposes.

Who Should Attend

This basic-to-intermediate level course on unmanned aircraft system legal issues is for the following professionals:

  • Attorneys
  • Paralegals
  • Real Estate Professionals and Surveyors
  • Government Officials
  • Police Officers
  • Insurance Professionals

Course Content

  1. Overview of Classification and Terminology
  2. Registration: The New FAA sUAS Requirements and Exceptions
  3. The Federal UAS Regulatory Environment: Hobby Use vs. Commercial Use
  4. The Discoverability of Drone Footage and Admissibility of Surveillance in Court Proceedings
  5. Current FAA UAS Enforcement: How to Respond if Your Client is Targeted
  6. Drone Use by Public Entities - Police Surveillance and the 4th Amendment
  7. Trespass, Nuisance and Privacy: More Questions Than Answers?
  8. New State and Local Laws, Rules, Regulations and Zoning Codes
  9. Ethics

Continuing Education Credit


Continuing Legal Education – CLE: 6.00 *

International Association for Continuing Education Training – IACET: 0.60

* denotes specialty credits

Agenda / Content Covered

  1. Overview of Classification and Terminology
    9:00 - 9:30, Robert Ellis Smith
    1. What is a Drone? The History of Unmanned Aircraft System (UAS) Regulation
    2. Is a Drone an Aircraft? Are Model Aircraft Drones?
    3. Definitions and Terminology
    4. UAS Operations
    5. Case Law Update
    6. Q&A
  2. Registration: The New FAA sUAS Requirements and Exceptions
    9:30 - 10:15, Sean C. Koehler
  3. The Federal UAS Regulatory Environment: Hobby Use vs. Commercial Use
    10:30 - 11:15, Jay Wolman
    1. Section 336 of the FAA Modernization and Reform Act
    2. Spacing and Distance Requirements
    3. Aircraft Requirements
    4. Operating Rules
    5. Law Enforcement Engagement with Suspected Unauthorized UAS Operations
    6. Pilot Requirements
    7. Applying Recent Case Law
  4. The Discoverability of Drone Footage and Admissibility of Surveillance in Court Proceedings
    11:15 - 11:45, Jay Wolman
  5. Current FAA UAS Enforcement: How to Respond if Your Client is Targeted
    11:45 - 12:15, Sean C. Koehler
    1. Current FAA Enforcement Efforts
    2. Responding to an FAA Investigation
    3. Recent Case Law
  6. Drone Use by Public Entities - Police Surveillance and the 4th Amendment
    1:15 - 2:00, Robert Ellis Smith
    1. Applying Case Law: Drones, the Constitution and Privacy Concerns
    2. What Requirements Govern When a Warrant is Not Necessary?
    3. What Law Enforcement Can and Cannot Do
    4. What Municipalities, Schools and Park Districts Can and Cannot Do to Limit/Ban Their Use
    5. Reasonable Search Requirements and Warrantless Surveillance
    6. What Type Of Surveillance Equipment is Lawful?
    7. 1st Amendment Concerns: Surreptitiously Recording Individuals in Public
  7. Trespass, Nuisance and Privacy: More Questions Than Answers?
    2:15 - 3:00, Christopher D. Hawkins
    1. Commercial vs. Recreational Use: Legal Issues and Liability
      1. Noise, Nuisance and Safety Considerations
      2. Liability Concerns
      3. Real Estate Lease Issues and Violations
    2. Nuisance Laws
    3. State Civil and Criminal Laws
    4. Trespass Case Law
    5. Private Property Protections for Low Altitude Airspace
    6. What Constitutes Aerial Trespass?
    7. Current Case Law and Legislative Updates
  8. New State and Local Laws, Rules, Regulations and Zoning Codes
    3:00 - 3:30, Christopher D. Hawkins
  9. Ethics
    3:30 - 4:30, Christopher D. Hawkins
    1. Ethics in Government Conflicts of Interest with Government Officials
    2. Technology's Impact on Privacy and Confidentiality Issues
    3. Attorney-Client Privilege - Identifying the Real Client
    4. Participation in Political Activities

CHRISTOPHER D. HAWKINS is an attorney with Devine Millimet & Branch, P.A., where he practices in the areas of professional liability and construction claims. Mr. Hawkins has published many articles on topics of professional liability and litigation practice, and has presented seminars on topics of professional liability, and construction contracts and claims. He is a member of the New Hampshire Bar Association Ethics Committee, the ABA Center for Professional Responsibility, the Legal Counsel Forum of the American Council of Engineering Companies, and the Charles C. Doe Inn of the American Inns of Court. Mr. Hawkins earned his B.A. degree from Middlebury College and his J.D. degree from the University of Connecticut School of Law. He is admitted to practice in the state and federal courts of New Hampshire, Maine, Connecticut and Massachusetts, as well as the First Circuit Court of Appeals.

SEAN C. KOEHLER is an attorney at Wiggin and Dana LLP, in the firm’s Litigation Department. His practice is focused on federal and state regulatory compliance. He has experience representing clients, including leading defense contractors, on compliance with the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations (EAR). Mr. Koehler has conducted dozens of internal investigations related to potential export control and boycott violations and has experience developing, implementing, and auditing corrective actions to address and prevent export violations. He is interested in the regulations governing the use of unmanned aircraft systems (UAS), and recently drafted the UAS compliance manual for a top national university. Mr. Koehler received his J.D. degree from Fordham University School of Law, magna cum laude. He earned his M.A. degree, in Quantitative Methods, in the Social Sciences, from Columbia University Graduate School and received his B.A. degree, in Economics and English, from Cornell University.

ROBERT ELLIS SMITH is a journalist who uses his training as an attorney to report on the individual’s right to privacy. Since 1974, he has published Privacy Journal, a monthly newsletter on privacy in a computer age based in Providence, Rhode Island .Mr. Smith is a frequent speaker, writer, and congressional witness on privacy issues and has compiled a clearinghouse of information on the subject: computer data banks, credit and medical records, the Internet, electronic surveillance, the law of privacy, and physical and psychological privacy. His first book, Privacy: How to Protect What’s Left of It, was nominated for a National Book Award in 1980. Mr. Smith is the author of Ben Franklin’s Web Site: Privacy and Curiosity from Plymouth Rock to the Internet (2004), the first and only published history of privacy in the U.S. He is also the author of Our Vanishing Privacy (1993); The Law of Privacy Explained (1993); Privacy: How to Protect What’s Left of It; Workrights, a book describing individual rights in the work place; and The Big Brother Book of Lists. Privacy Journal also publishes Compilation of State and Federal Privacy Laws, Celebrities and Privacy (2016), War Stories, a collection of anecdotes on privacy invasions and an electronic guide to privacy laws called Consumer’s Handheld Guide to Privacy Protections. From 1970 to 1973, Mr. Smith was the assistant director of the Office for Civil Rights in the U.S. Department of Health, Education, and Welfare. A graduate of Harvard College, Mr. Smith received his law degree from Georgetown University Law Center. He served as a member of the District of Columbia Human Rights Commission until 1986. In 1997, Vice President Gore named him to the Civil Liberties Panel of the White House Commission on Aviation Safety and Security.

JAY WOLMAN is senior counsel at Randazza Legal Group, PLLC. Mr. Wolman has served as an advocate or neutral in hundreds of contested matters, appearing before state and federal courts and agencies in Connecticut, Massachusetts and throughout the United States. As a civil litigator, a substantial portion of his practice has included representation of employers and employees in workplace matters, including discrimination on the bases of race, sex, pregnancy and disability, wage and hour disputes, occupational safety and health, wrongful termination, as well as review and negotiation of severance agreements and covenants not to compete. He has also represented both private clients and insureds in a variety of other civil matters, including partnership disputes, products liability, premises liability, and professional malpractice. Mr. Wolman is admitted in the state of Connecticut, Commonwealth of Massachusetts, state of New York, District of Columbia, Supreme Court of the United States, U.S. Court of Appeals for the First Circuit, U.S. Court of Appeals for the Second Circuit, U.S. District Court for the District of Connecticut, U.S. District Court for the District of Massachusetts, U.S. District Court for the District of Columbia, U.S. District Court for the Eastern District of New York and U.S. District Court for the Southern District of New York. He earned his B.S. degree from Cornell University, New York State School of Industrial and Labor Relations and his J.D. degree from Georgetown University Law Center.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com


Accreditation Details

Continuing Legal Education

ME CLE: 6.00 Including - Ethics: 1.00
This course has been approved by the State of Maine Board of Overseers of the Bar. Lawyers who complete this course shall receive 6.0 hours of CLE credit including 1.0 ethics hours under M. Bar R. 12.



International Association for Continuing Education Training

N IACET: 0.60
NBI, Inc. is accredited by the International Association for Continuing Education and Training (IACET) and is authorized to issue the IACET CEU. NBI, Inc. is authorized by IACET to offer 0.6 CEUs for this program. At the end of the program, participants must complete a self-assessment in order to receive credit. 100% attendance is required. (Provider #1004558)

Upon completion of this course, attendee will be able to: 1. State the definition of a drone. 2. Review the new FAA UAS requirements and exceptions. 3. State what the federal UAS regulatory environment currently is. 4. Review the discoverability of drone footage and admissibility of surveillance in court proceedings. 5. State how to respond if your client is targeted by the FAA. 6. State two 4th Amendment concerns. 7. State two issues with trespass, nuisance and privacy. 8. State one new state or local law. 9. State one ethical issue regarding technology's impact on privacy and confidentiality issues.

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