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Home » Thought Leadership » 5 TIPS FOR A GREAT TRIAL PRESENTATION

• July 6, 2021

5 TIPS FOR A GREAT TRIAL PRESENTATION

When you enter a courtroom, you want to believe that the person with the best argument will walk away with a verdict on their side. Although this is generally true, a great trial presentation can help sway the outcome of a case. There are a plethora of psychological studies that demonstrate that people think in pictures. So what does that mean for your trial presentation?Most importantly, it means that people will conjure up their own images unless you can provide one for them. It’s important for jurors to come away with the same information, even when your presentation has been filtered through personal beliefs and biases. Modern television has also influenced the way jurors think about the court system, and many come into court expecting photographic evidence and 3D recreations. Of course, each case is different, but the following tips can help you present compelling visual evidence at trial:

1. Be the person who does the simplification

Don’t give your audience room to draw incorrect conclusions. Although you can leave some room for interpretation when necessary, especially when you are legally unable to spell things out for the jurors, it’s still important that you are the person who connects the dots for your audience. This ensures that everyone is on the same page, and can help bring people together in agreement with you when the jury retires for deliberation.

2. Reinforce specific themes

There will be places in your presentation where you have the opportunity to make important points through your use of titles. Slide and presentation titles are much more interesting when they pose a question, make a statement, or reinforce a theme.  For example, “Timeline” and “Personal History” are weak titles and underutilize one of your best opportunity for imprinting themes and posing questions. Instead, consider using a title such as “What Were John Doe’s Motivations?”, which poses a question that your audience knows you will answer. Luckily, because titles are easy to change, you’ll be able to swap things out on the fly, even if a judge objects to a title you’ve chosen.

3. Enhance your presentation by cutting the copy

Keep your bullet points short and your slides sparse. Although visual impact is an important part of your overall presentation, you should have minimal words on the page. You don’t want your audience to be distracted as they try to read ahead or catch up. Don’t read verbatim from the slides. When you keep your sentences short and simple, you also remove the temptation for yourself!

4. Assume a short attention span

Plan to lose everyone’s attention. Of course, ideally your audience would be rapt the whole time and hanging on your every point. However, it’s best to assume that you need descriptive graphics to keep people tuned in. Graphs, 3D animation, photos, sketches and other visual elements, are much more interesting than plain text.

5. Play to your audience

Finally, you should always try to play to your audience. Consider who they are, and their interests, beliefs and biases. Craft your argument with a specific type of person in mind. The jury is not made up of blank slates. You must consider what kind of evidence your audience can grasp, and provide visual images and contexts familiar to them.

When your presentation is well practiced and well structured, you’ll deliver a common visual experience for those in the courtroom. When you control the visuals, you can guide and shape the narrative to better bolster your own case. Visuals also enhance the ability of your jury to retain case facts and essential information. A great trial presentation can turn the tide of a case by crafting an overarching story that is most beneficial to your client.

For more information on trial presentations, or for help creating some of the compelling visuals we’ve discussed above, reach out to our Trial Presentation department at (800) 889-0111.

If you have questions on any of our services, please don't hesitate to get in touch with us.

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Mastering the Art of Legal Presentations: Essential Tips and Tricks

Navigating through law school and legal careers, budding attorneys realize that mastering the art of presentation is as crucial as knowing the letter of the law. Whether it's arguing a mock trial, presenting a case in court, or persuading peers during a seminar, effective presentation skills can set you apart in the competitive field of law. This Q&A post delves into some of the most commonly asked questions about law presentations and offers presentation hacks aimed at making you a more compelling legal communicator.

Do Presentation Skills Really Matter for Lawyers?

Absolutely! In the legal profession, presenting ideas and arguments clearly and persuasively is critical to success. The American Bar Association emphasizes the importance of honing presentation skills from law school onwards; being persuasive and articulate is a part of your toolkit as an attorney.

What Are Some Effective Presentation Hacks for Legal Professionals?

Start With a Clear Message : Know the core message of your presentation and keep it concise. A clear thesis helps you stay on track and makes your argument more digestible for your audience.

Understand Your Audience : Gauge the level of understanding your audience has about the topic. Presenting to peers might require a different approach than speaking to a jury or a judge.

Use Storytelling : A legal case is essentially a story with a problem and a resolution. Tapping into the power of storytelling can make your presentation more engaging and memorable.

Practice, Practice, Practice : Rehearse your presentation multiple times. This helps reduce nervousness and ensures you're comfortable with the material.

Seek Feedback : Before your presentation, practice in front of colleagues or mentors and ask for constructive criticism to sharpen your delivery.

How Can I Overcome Public Speaking Anxiety Before a Legal Presentation?

Facing a courtroom or an auditorium can be intimidating, but there are strategies to combat this anxiety. Preparing thoroughly is a start; being familiar with every aspect of your presentation can alleviate fear. Additionally, techniques like deep breathing, visualization, and positive self-talk can be beneficial. Moreover, watching inspiring TED Talks on public speaking can provide valuable insights into overcoming fears and delivering impactful messages.

For those looking for a comprehensive solution to enhance their presentation skills, we suggest exploring various features of presentation-focused tools and platforms. While not a substitute for personal practice, these tools can offer unique insights and aid in your delivery. For instance, the features section on College Tools may provide some interesting avenues to explore.

What Role Does Body Language Play in Legal Presentations?

Your physical presence can be as compelling as the words you speak. A poised stance, eye contact, and intentional gestures can convey confidence and help underscore your points. Posture and movement can non-verbally communicate passion for your subject matter and connect with your audience on a more profound level.

Can Technology Help in Improving my Presentations?

Definitely! Technology and AI-powered tools can assist in fine-tuning your presentations. They can help in organizing content, providing cues, and even analyzing your pace and tone. Embracing technology can also make your presentations more dynamic, engaging audiences with multimedia elements that might not be possible with traditional methods.

How Important Is the Quality of Visual Aids in Legal Presentations?

Visual aids should not distract from the message but rather support it. High-quality, pertinent visuals can reinforce your argument or help to clarify complex concepts. Carefully consider your choice of visuals, whether they're diagrams, timelines, or other graphical elements; they should be professionally rendered and easy to understand.

Becoming an effective legal presenter takes time, practice, and a willingness to learn from each experience. Employing the right presentation hacks , understanding the significance of effective communication , and continuing to build upon public speaking skills will prove invaluable throughout your legal career. Strive for clarity, conciseness, and connection with your audience, and you'll be better equipped to make your case, inside and outside the courtroom.

Conclusion: Strong presentation skills are a foundational element of a successful legal career. This Q&A has addressed critical aspects of delivering compelling legal presentations, offering insights and hacks to help you polish your communication prowess. Remember, the journey to becoming an articulate legal professional is ongoing; continue learning, practicing, and adapting to become the best presenter you can be.

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What is a Trial Presentation? Everything You Need to Know

by Carolina Barbalace | Jul 31, 2023 | Present in Court | 0 comments

Attorneys go to court ready with a trial presentation. So should you. 

You may be asking yourself, what is a trial presentation?

A trial presentation is a visual and legal aid designed to present your evidence, argument, and legal analysis in a way that is easy for the judge to follow and understand. 

Why is it important to use a Trial Presentation?

Make your case stronger: .

You want to be as persuasive as possible when you’re in court. A trial presentation helps you present your evidence in a way that’s easy for the judge to understand and see the strength of your case.

Preparing a Trial Presentation not only helps you present your evidence effectively but also assists you in organizing your thoughts and arguments. With a well-structured outline and identified key points, you can ensure that you cover all the important information in a logical and easy-to-follow way.

Show the Judge You’re Credible:  

When you’re in court, it’s important to come across as credible and prepared. With a trial presentation, you can showcase your evidence professionally and organized. The judge will see that you’ve made the effort to build a strong case and deserve their serious attention. It also demonstrates that you value the judge’s time and are conscientious.

Also, a trial presentation can make the judge more engaged and focused. By using visual aids, such as graphs, charts, and photographs, you can capture the judge’s attention and help them to better understand your argument. These visuals bring your case to life and make it easier for the judge to follow along.

What should be included in a Trial Presentation?

Opening statement:.

The beginning of your trial presentation is crucial. It all starts with an opening statement that sets the stage for your case. This statement introduces the judge to the important facts, aligning them with the specific legal elements involved. It’s your chance to clearly state what you seek from the judge.

When crafting your opening statement, remember that it shapes the impression of your entire case. You want to convey confidence, organization, and preparedness. Keep it concise, focusing on the key facts that support your argument. Avoid overwhelming the judge with unnecessary details.

Include a chronological timeline of the events and evidence in your case. This timeline is a valuable asset that helps the judge follow the events leading up to your case. By visually organizing your evidence on a timeline, you can demonstrate when crucial facts occurred and how they connect. Doing this gives the judge a deeper understanding of your case’s context and empowers them to make an informed decision.

To make the most of your timeline, ensure that each piece of evidence on the timeline is assigned a page number corresponding to its location in your trial presentation. This way, the judge can easily navigate to the relevant evidence, facilitating a smooth and efficient review of your case.

Damages Table:

A damages table is a vital component that showcases all the damages you claim in a neat and structured format, complete with accurate calculations. This table plays a crucial role when presenting your case to the judge, allowing you to show the exact amount of money you deserve

Think of the damages table as a handy list that outlines the money you seek. By having a damaged table, you can ensure that you cover all the different types of money you need to ask for, leaving no important details behind. This organized approach presents a compelling case and helps the judge understand your arguments easily, making a favorable decision more likely.

Finally, include copies of all the evidence supporting your case in your trial presentation. From documents and text messages to emails, photographs, and videos, leave no stone unturned in presenting the full picture.

Also, ensure that each piece of evidence is clearly labeled. Moreover, organize your evidence logically and chronologically so the judge can easily navigate each piece.  

In conclusion, a trial presentation can help strengthen your case and be more persuasive. It allows you to organize your thoughts, gain the judge’s trust, and keep everyone engaged in the courtroom. By following the steps and including these important sections in your presentation, you can clearly present your case and increase your chances of winning. Take advantage of this opportunity to confidently share your side of the story, leave a lasting impression, and achieve a favorable outcome in your legal journey.

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6 Tips to Make Your Legal Presentations Pop

No legal presentation is ever like another..

Sometimes attorneys handle dry, complicated intellectual property matters; other times, emotional personal injury cases.

But in many years of making dynamic presentations for all kinds of hearings and audiences, our team has learned that there are a few important steps that will ensure your slides have the weight and power they deserve.

1. Don’t Be Generic

Ugh. You know that jurors have seen a standard-issue PowerPoint template a bazillion times.

When using generic templates with little personality, you risk losing your audience’s attention. Instead, try some simple customization and color to make them stand out and hold attention. Curved edges, color contrast,  gradients, and better fonts for more readable slides are a few simple ways you can customize your presentation.

…Don’t Worry, You Can Still Print Them

I know what you may be thinking – if you’re worried about printing slides with a dark background, PowerPoint does let you print in pure black and white, which is great for markups and saves on toner.

2. Make Images That Stand Out

If you’re not sure whether to go with a dark or light background, consider your content. For example, photos stand out more on a dark background.

In a bright room, text tends to be easier to read on a light background.

And if your content varies throughout the presentation and includes both text and images, consider using what we call an “accent box” – basically a block of white on a darker background. This works best for the text-heavy slides.

3. It Starts With a Great Title

Another important consideration for templates is the slide title. Aligning titles to the left margin ensures that they will start in the same spot every time, which makes them much easier to follow for readers than center aligning. Try to keep titles on one line, but if you must go onto a second line, make sure the top line is shorter than the bottom. Putting a soft return (shift+return) where you want the title to break onto the next line makes a big difference in readability.

4. Better Typography = More Readable Text

A presentation full of text slides can definitely get boring for audiences. But even the best presenters need the occasional bulleted list slide.

To keep your bullet point slides readable, be as concise as possible. One line per bullet is preferable, but if you must go onto two lines, it helps to have proper line spacing (leading) set up so that your ideas do not blur into a mass of text. Also be sure to avoid leaving a single word on the second line (we call that a widow).

Keep your font size large enough to read, but not too large. A good rule to follow is 46-52 characters per line (1.5 to 2 full alphabets). If you only have a couple bullet slides, consider using icons instead of plain circle or square bullets for additional visual impact.

5. No More Boring Icons and Stock Photos!

If you are struggling to find imagery for your presentation, don’t default to using cheesy clipart! Websites like the Noun Project , Vecteezy , Creative Commons , and Brands of the World can help you find great icons, stock photos and logos without licensing fees. (Pay attention to licensing – some icons and photos may require attribution.)

6. Test the Equipment

Our last, but perhaps most important tip – take a test run. It’s devastating to slave away on a presentation only to see it completely washed out and unreadable on the courtroom projector. Try to get into the courtroom during set up to test your slides on the equipment that will be used during your presentation.

If you can’t use the actual machine, test it on the worst projector or monitor you can find, just to be safe. This is especially true if your usual computer has a high quality monitor. For example, there is always a big difference between what we see on our MacBook screens versus typical projector screens.

We’re Here to Help With Trial Presentation

Most of these are simple tips, but taken together, they deliver professional, polished presentations that make sure your audience hears what you’re trying to tell them. For more help with your presentation, schedule a consultation with our services team . We can make compelling graphics, videos, and more. We can even come to your trial to run the slides and manage the technical aspects of presentation , so that you can focus on delivering a winning argument.

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• Trial Preparation

Trial Presentation 101: Impactful Courtroom Demonstratives

Trial preparation 101: strategies for building winning arguments, why the cloud is the only answer for multi district litigation.

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Legal Presentation Skills Guide

Presentation skills are core life skills, but they are doubly important if you wish to practise as a lawyer. You will use presentation skills in a variety of different ways, including:

• to persuade
• to get a message across

Within a professional context:

• in an interview
• in a lecture room
• in a meeting or conference

About this resource

This resource will help you develop effective presentation skills in a legal context.

Work through the material and exercises and you should be able to:

• develop appropriate learning strategies to enhance your presentation skills
• learn and apply the three key rules of presenting
• use presentation skills effectively in advocacy and questioning

Module Contents

Learning presentation skills.

• Not just words
• Preparation, preparation, preparation

The rule of three

Presentation skills in a legal context, questioning, top 10 tips.

Unfortunately sitting there listening to a lecturer all day will not render you competent at presentation. Like most other skills, presentation skills are acquired through practice, and practice is most productive if accompanied by good preparation and followed by honest evaluation and feedback.

Try it yourself! Get together with one or more other students and try this:

• Without letting anyone else see, one of you sketches a picture of a scene, for example, a road traffic accident or a crime taking place. (Time allotted: 5 minutes).
• Now, the sketcher helps someone else to recreate the same scene, including as much detail as possible without showing them the original sketch. This requires good descriptive and presenting skills. (Time allotted: 10 minutes).
• Compare the finished sketches.
• Repeat the exercise with someone else sketching a different picture. This time, you may share the original sketch while the second person tries to recreate it.
• Discuss how the results differ. What have you learnt about effective presentation?

There are three essential rules about presentation:

• Words are not the only tool

Words are not the only (or even the best) tool

Research shows that when presented with information, we take in 55% of it from visuals, 38% from spoken words and 7% from printed words. So, just like the old adage, “a picture paints a thousand words”, try to use visual aids whenever possible. This is why lawyers use exhibits in documents and in court to help them prove points.

Been to a play where the actors had forgotten their lines? What was your immediate impression? That's why preparation is so important.

Some of the most memorable speeches in history have been the best prepared ones. Winston Churchill spent six weeks preparing, refining and rehearsing his maiden speech to the House of Commons in 1901, and then wowed his fellow MPs with a prefect memorised delivery on the day.

Good preparation involves:

• knowing the contents of your presentation
• having a well laid out plan
• refining and rehearsing the presentation before the real event.

People cannot remember too much information at any one time. Most of your audience will only remember three key things from your presentation, so plan for what these will be.

• Julius Caesar's “Friends, Romans, Countrymen, lend me your ears…”
• “Location, location, location” when buying property
• Churchill's “I can promise you blood, sweat, toil and tears” (usually quoted as the “Blood, Sweat & Tears” speech).

Top tip: Remember, the rule of three when it comes to presentations is:

• The rule of three.

Try it yourself! Think of a presentation you will need to make in the near future. Prepare for that presentation using the rule of three.

Essentially an advocate's task is one of presenting, as they need to:

• be heard (engage and maintain the audience's interest)
• get the message across (select the right contents and emphasis)
• persuade the audience to accept the view advocated.

Aristotle identified three elements of persuasion:

• Ethos: the speaker has to convince the audience that he or she is credible, trustworthy, genuine and believable.
• Pathos: the speech must appeal to the emotions, so that the audience is psychologically inclined to accept the arguments.
• Logos: the arguments must be reasoned, and supported by law and fact.

Advocates must consider these key points when presenting:

Addressing the audience

Body language.

Whether your audience is a judge, a jury, a group of lay magistrates or the Lords of Appeal, you always need to be clear and convincing. Consider who your audience is and tailor your presentation to make sure they will follow all your nuances and inferences.

Make sure you have prepared well, and have a structured and organised argument. Use notes and mind maps as prompts if you need them but remember that you will lose voice projection and eye contact if you are read from a speech. Presenting is not a test of fluency of reading. You should conduct yourself as an advocate, not a newsreader.

Everybody presents in a slightly different way and should find a personal style you are comfortable with. Try to be honest, sincere and authoritative (though you do not always need to be right). Try not to be pompous or arrogant. Ultimately, be yourself, an accomplished advocate, rather than an automaton.

Cultivate the art of fine speaking and the power of persuasion. Make sure you use appropriate and simple language (complex language can obscure the message) and keep your role and audience in mind. Where appropriate, use active language rather than passive phrases and make use of questions, emotion and repetition. Consider the pace of your presentation and include pauses for effect if required.

Be sure to consider your appearance, posture and performance when you are presenting. Different stances can communicate confidence or make you look like a bag of nerves. Think about how you interact with other people in the presentation, and the signals your appearance and behaviour may be sending.

Try it yourself! In no more than five minutes, try and persuade a friend to do something which they have never done before. How easy did you find that? What tactics worked well?

Questioning is the process by which the advocate elicits evidence from witnesses. It is used in two main situations:

• examination-in-chief: from own witnesses
• cross-examination: witnesses from the opposing party
• Keep your questions simple, even if the witnesses are familiar with the facts. This is especially relevant if there is a jury. Try to avoid the use of open questions unless you are questioning your own witness or an expert witness and you know they are reliable. You should be careful to avoid prejudicial effects or digression.
• Leading questions are forbidden in examination-in-chief, unless the advocates agree that the points are not contentious e.g. a name. This is to avoid bias, the suppression of other evidence or the chance of hearing something not delivered in the witness' own words. In cross-examination, however, nearly all questions are leading questions.
• Avoid using a rigid list of questions, though you should have a structured plan, and make sure you listen to the answers while you consider your next question.
• The most important rule is not to ask a question of which you do not know the answer!

Examination-in-chief

Examination-in-chief questions are now commonly written. If you pose them in court, make sure they are not too lengthy. You should structure your witnesses and their testimonies clearly. A chronological approach is the norm, though you can sometimes structure by topic.

Top tip: Examination-in-chief questions are the ‘W’ questions, where, what, who, when, why?

Remember that your witness will be cross-examined by the opposing counsel when you have finished your examination-in-chief and the judge may also question them.

Cross examination

Cross examination aims to test the vigour of opposing witnesses and obtain fresh evidence that is favourable to you. You should take an organised approach, without being too rigid and consider whether to structure your questions by topic or the chronological events.

Cross examination gives you an opportunity to attack the credibility of witnesses, both in general and related to specific issues. You should consider whether you wish to confront the witness at the start of your questioning, or lead them through a train of questions. However, if you discredit the witness in general you should be careful not to destroy your case.

Try to keep your questioning brief and finish on a conclusive point.

Top 10 tips for presentation success:

• Make sure you have prepared well , and have developed a clear, structured and organised argument.
• Consider who your audience is and tailor your presentation to their needs.
• Focus on three key messages that you want your audience to understand and remember.
• Don't try to be somebody else. Find a personal presenting style you are comfortable with.
• If you must use notes, do not read your presentation directly from them.
• Use images, charts, physical signals and pauses to help get your message across. Not just words.
• In examination-in-chief , focus on the ‘W’ questions, where, what, who, when, why?
• When cross-examining , develop a structured plan but avoid using a rigid list of questions.
• Make sure you listen to the answers while you consider your next question.
• Don't ask a question unless you know the answer.

Adding power to courtroom presentations http://www.trialtheater.com/wordpress/2008/courtroom-presentation-skills

Advocacy video http://www.youtube.com/watch?v=0nhyFQ6S0VM

Draw a logic tree http://www.strategiccomm.com/logictree.html

Giving effective class presentations video http://www.youtube.com/watch?v=1gXE19sh1r8

Killer presentation skills video http://www.youtube.com/watch?v=whTwjG4ZIJg

Oral presentation learning module http://www.jcu.edu.au/office/tld/learningskills/oral/

Positive and negative body language http://www.it-sudparis.eu/lsh/ressources/ops8.php

Public Speaking learning modules http://wps.ablongman.com/ab_public_speaking_2/

Speech Tips http://www.speechtips.com/

The Law Explored: The art of cross-examination http://business.timesonline.co.uk/tol/business/law/columnists/gary_slapper/article1960702.ece

(800) 789-0084  

• Apr 20, 2021

Creating an Effective PowerPoint Presentation for a Legal Proceeding

PowerPoint presentations have long been used in the courtroom to deliver important arguments to a judge and jury. Although this technology is not new, many attorneys still struggle to use the software effectively. Without the right tools, even the strongest legal arguments may be lost on the audience.

The Basics: Know Your Screen

The type of screen on which your presentation will be displayed makes a significant difference in its visual clarity. An older pull-down screen in a courtroom may not be as easy to view as a large high-definition monitor. The lighting in the presentation environment also has a large impact on the screen.

At TrialSpectrum, Inc., our team of professionals carefully studies the location of your presentation, whether it is a large courtroom or a small conference room. This allows us to create a PowerPoint presentation that is tailored to the specific environment in which you will be presenting.

Fonts and Colors

The font type and font colors you select for your PowerPoint presentation determine whether your audience is able to read the information you are delivering. For example, did you know that sans serif fonts are usually easier on the eyes? Capitalizing every word in a block of text is also generally ineffective, and many background colors can cause many viewers’ eyes to strain. At TrialSpectrum, Inc., we know the best types of fonts and font colors to use to ensure your audience is able to read text, regardless of their age or visual acuity.

Do Not Read from the Screen

A PowerPoint presentation is a visual aid . A visual aid should support an attorney’s presentation—not be the entire presentation itself. An attorney should use a PowerPoint presentation to drive home important facts and legal arguments. If the attorney simply stands in front of a judge and jury and reads from a slide, the attorney risks these individuals becoming bored and unimpressed.

At TrialSpectrum, Inc., we will work with you to help you use a PowerPoint presentation as a supplemental tool to strengthen your legal arguments. We will help you practice and will provide tips to you to increase the effectiveness of your delivery.

Plan Your Position

Where you stand during a PowerPoint presentation is important. You want to be able to address your audience while tying your statements to the slides that are displayed. Stand too close to your audience and they may focus on you instead of the PowerPoint. If you stand too far away, the audience may become distracted.

The team of professionals at TrialSpectrum, Inc., will help you determine where you should stand to deliver your message effectively. We will also discuss body language and whether you should move about the room at all during your presentation.

A Variety of Visual Elements

One of the greatest advantages of using PowerPoint software is its ability to include a variety of visual elements into a single presentation. Attorneys are able to incorporate photos, audio clips, videos, graphics, animations, and a variety of other pieces of evidence into a single presentation. Because everyone learns information differently, a PowerPoint presentation is an excellent tool to use to ensure the audience understands both the facts of a case and the laws and regulations that may affect them.

Contact TrialSpectrum, Inc. Today to Begin Creating a PowerPoint Presentation

The team of litigation consultants and trial technology experts at TrialSpectrum, Inc., has the tools you need to elevate your legal arguments. We not only create effective PowerPoint presentations, but we also work with you to ensure you are comfortable using the software. We are available the day of your presentation as well to assist with any technological issues you may have. To learn more about our company and the services we offer, call 800-789-0084 or visit www.trialspectrum.com.

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The Law Dictionary

PRESENTATION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

In ecclesiastical law. The act of a patron or proprietor of a living in offering or presenting a clerk to the ordinary to be instituted in the benefice. Presentation oi&ee. The office of the lord chancellor’s official, the secretary of presentations, who conducts all correspondence having reference to the twelve canonries and sis hundred and fifty livings in the gift of the lord chancellor, and draws and issues the fiats of appointment. Sweet.

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• Practical Law

Presentation skills: the basics

Practical law uk practice note w-020-4042  (approx. 7 pages).

• Presenting your department's strategic plan to the organisation's board.
• Addressing shareholders at your organisation's AGM.
• Explaining to the organisation what the legal function does and how it contributes to wider business goals.
• Addressing the media, possibly in response to a crisis.
• Speaking at industry conferences, either as a speaker or chair of a panel.

Effective ways to prepare for a presentation

Research your audience.

• What aspect of your subject area are the audience most interested in?
• How well informed about the subject are the audience?
• Are the audience interested in the subject from a particular perspective (for example, from a finance, legal, marketing or other viewpoint)?

What are the key takeaways

Plan your presentation.

• Tell them what you are going to tell them. Introduce your big idea at the outset and explain that your presentation will enlarge on that theme.
• Tell them. This is the main body of your presentation.
• Tell them what you have told them. When you reach the end of the main body, summarise by repeating your core theme, this time with the supporting points in short, bullet point style.

Chairing a panel

Organise a preparation call.

• Are going to be relevant on content.
• Stick to the panel topic.
• Have considered what they are going to say.
• Do not overlap on content.
• Have enough (but not too much) to say in the time allotted to them.

Starting the session

Moderating the discussion.

"Alex, that's a really interesting point; and one I've struggled with. Cameron, what's your view on this?"

"That sounds great, Evan. So, if I've understood correctly, in a nutshell…"

Q&A session

• Communicate and train
• Managing ethics and culture

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14 December 2022

Legally Using Images in Presentation Slides

Do you use images in presentations? Whether an in-person or virtual presentation or class, this article will help you establish best practices for legally using images in presentation slides and minimizing your risks of copyright infringement. Images include photographs, charts, maps, illustrations, charts and more. You may also like our online copyright course that includes an entire module on legally using images.

Scroll down to the end of this article to download our Simple Guide to Legally Using Images in Presentations.

Are You Legally Using Images in Presentation Slides?

How much attention do you pay to copyright law when you create slides for a presentation? While it's important to focus on the non-legal aspects of the presentation such as content and images to enhance speaking points, it's just as important to consider copyright issues. Here are some tips to get you started:

• Include copyright management as a regular part of planning your presentations
• Incorporate a permissions process into your planning
• Be aware of your budget, if you have one, to pay for permissions
• Plan for the possibility that if you're unable to secure permissions on time or the fees are too high, you'll need to adjust your content accordingly

As with most copyright issues, the matter of legally using images in presentation slides is nuanced. The answer to many questions is often “it depends” or "maybe" or "let's examine your particular circumstances." Understanding copyright issues will help ensure you're legally using images in presentation slides.

First Ask Yourself: Are the Images Protected by Copyright?

When you find an image online or elsewhere, assume it's protected by copyright. Once you identify the image you want to use, consider its copyright status and whether you need permission to use it.

Google has made it easier to determine an image's copyright status by providing copyright-related metadata for images in Google Images, when this information is available. To learn more, see Google’s article Image Rights Metadata in Google Images . Note that some images don't have this metadata and you'll need to do further research.

How Can You Avoid Copyright Concerns When Using Images in Presentations?

There are several ways to legally use images in presentation slides that don't require you to clear copyright permissions with the images' copyright holders.

Use Public Domain Images

If you determine that copyright in a work has expired and the work is in the public domain , you can use the work without obtaining permission. In the U.S., a work is in the public domain 70 years after the author's death. Most countries have a copyright duration of 50 to 70 years after an author's death.

Be mindful that a work that's been manipulated or adapted may constitute a new work. That new work may have a new and longer copyright duration, even though the underlying work is in the public domain.

State or Summarize Facts, News and Historical Events

You may state or summarize facts, news and historical events without permission as long as you don’t reproduce them exactly as you found them in the source.

This basic principle of copyright law works for text but is more difficult to apply to the use of images. You could, however, use data or summarize it rather than reproduce, adapt or share a source table or chart without permission.

Create Your Own Images

Instead of using third-party content, another way of legally using images in presentation slides is to use a chart or photograph that you or a fellow employee created. An employer generally owns the copyright in any works its employees create during the course of their job duties. So, keep in mind that if you take a photo as part of your employment duties, your company likely owns the copyright in it.

Employers, however, should be aware that you don't own copyright in everything created by your employees. You only own copyright in those works created as part of an employee's duties. So even if an employee posts a vacation photo on your organization's website, you likely don't own the photo if it wasn't created as part of their required duties.

Use a Stock Photo Agency

Your organization may have an account with a stock photo agency where you can find images that suit your purpose. You must follow the terms and conditions of the agency's license agreement to legally use these images in your presentation. Familiarize yourself with the license your stock photo agency uses (e.g., see the iStock Content License Agreement) .

Use Images with a Creative Commons (CC) License

Just because an image has a Creative Commons license doesn't mean you have unrestricted use of it. Read that license! Does it specifically allow your use of the image? Review the terms and conditions of the CC license to ensure your use complies.

Tips for using images governed by CC licenses:

• You need to acknowledge the author of the image
• Read the terms and conditions of the CC license to see what's permitted and what requires further permission
• CC licenses are irrevocable, so you can use the image under the license as long as you need to

Don't Rely on Prior Copyright Permissions

If you already have permission to include a photograph in a management training session at your company’s headquarters in Baltimore, it doesn’t mean you can use that photo in a public presentation being made across North America. Know the terms of licenses and assignments (i.e., permissions). If they don’t apply to the current situation or current presentation, either seek additional permission or use an alternative image.

Use Images As-Is

Even if you have permission from the copyright owner, you may need specific permission to re-color, make black and white, or color, crop or otherwise manipulate images. Standard stock photo agency licenses, for example, may not allow these additional uses without further permission.

Does Fair Use or Fair Dealing Apply to Using Images in Presentation Slides?

Fair use or fair dealing provisions may apply to your use of images in your presentation, permitting you to reproduce a work without permission in some situations. You’ll have to apply the fair use or fair dealing criteria to your particular situation to determine if it falls within these statutory provisions.

Fair use and fair dealing are not without risk. The only way to know for certain if your fair use or dealing assessment is correct is in a court of law. It's wise to know your organization’s risk tolerance for an inaccurate fair use or fair dealing determination. It's also advisable to consult internal policy, a copyright specialist, and/or your legal counsel on these matters.

Familiarize Yourself with Copyright Law

Everyone needs to be familiar with the basics of copyright. Whether you’re designing presentations, writing the company newsletter, or photocopying materials, copyright should be part of your workflow. To understand how to legally use images, concentrate on:

• What images are protected by copyright law
• When you need to obtain permission to use images and when you can use images without permission or additional permission
• Additional rights to consider when legally using images, such as moral rights that protect the paternity and integrity of an author, and privacy rights

You may also be interested in our article on obtaining permission to use comic strips , as well as Copyright Issues in E-Books and Electronic Publishing .

Want more helpful information like this? Our Copyright Leadership Certificate program provides a primer on U.S. and global copyright law, devotes an entire course to legally using images, and teaches you practical skills to interpret copyright in your workplace.

Sign up and we'll send you our Simple Guide.

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Presentment

A Grand Jury statement that a crime was committed; a written notice, initiated by a grand jury, that states that a crime occurred and that an indictment should be drawn.

In relation to Commercial Paper ,presentment is a demand for the payment or acceptance of a negotiable instrument, such as a check. The holder of a negotiable instrument generally makes a presentment to the maker, acceptor, drawer, or drawee.

n. 1) making a demand for payment of a promissory note when it is due. 2) a report to a court by a grand jury, made on its own initiative without a request or presentation of evidence by the local prosecutor, that a "public" crime (illegal act by public officials or affecting the public good) has been committed. (See: promissory note , grand jury )

PRESENTMENT, crim. law, practice. The written notice taken by a grand jury of any offence, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government; 4 Bl. Com. 301; upon such presentment, when 'proper, the officer employed to prosecute, afterwards frames a till of indictment, which is then sent to the grand jury, and they find it to be a true bill. In an extended sense presentments include not only what is properly so called, but also inquisitions of office, and indictments found by a grand jury. 2 Hawk. c. 25, s. 1.      2. The difference between a presentment and an inquisition, (q.v.) is this, that the former is found by a grand jury authorized to inquire of offences generally, whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offence. 2 Hawk. c. 25, s. 6. Vide, generally, Com. Dig. Indictment, B Bac. Ab. Indictment, A 1 Chit. Cr. Law, 163; 7 East, R. 387 1 Meigs. 112; 11 Humph. 12.      3. The writing which contains the accusation so presented by a grand jury, is also called a presentment. Vide 1 Brock. C. C. R. 156; Grand Jury.

PRESENTMENT, contracts. The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment.      2. The holder of a bill is bound, in order to hold the parties to it responsible to him, to present it in due time for acceptance, and to give notice, if it be dishonored, to all tho parties he intends to hold liable. And when a bill or note becomes payable, it must be presented for payment.      3. The principal circumstances concerning presentment, are the person to whom, the place where, and the time when, it is to be made.      4.-1. In general the presentment for payment should be made to the maker of a note, or the drawee of a bill for acceptance, or to the acceptor, for payment; but a presentment made at a particular place, when payable there, is in general sufficient. A personal demand on the drawee or acceptor is not necessary; a demand at his usual place of residence of his wife or other agent is sufficient. 2 Esp. Cas. 509; 5 Esp. Cas. 265 Holt's N. P. Cas. 313.      5.-2. When a bill or note is made payable at a particular place, a presentment, as we have seen, may be made there; but when the acceptance is general, it must be presented at the house or place of business of the acceptor. 3 Kent, Com. 64, 65.      6.-3. In treating of the time for presentment, it must be considered with reference, 1st. To a presentment for acceptance. 2d. To one for payment. 1st. When the bill is payable at sight, or after sight, the presentment must be made in reasonable time; and what this reasonable time is depends upon the circumstances of each case. 7 Taunt. 397; 1 Dall. 255; 2 Dall. 192; Ibid. 232; 4 Dall. 165; Ibid. 129; 1 Yeates, 531; 7 Serg. & Rawle, 324; 1 Yeates 147. 2d. The presentment of a note or bill for payment ought to be made on the day it becomes due, and notice of non-payment given, otherwise the holder will lose the security of the drawer and endorsers of a bill and the endorsers of a promissory note, and in case the note or bill be payable at a particular place and the money lodged there for its payment, the holder would probably have no recourse against the maker or acceptor, if he did not present them on the day, and the money should be lost. 5 Barn. & Ald. 244. Vide 5 Com. Dig. 134; 2 John. Cas. 75; 3 John. R. 230; 2 Caines' Rep. 343; 18 John. R. 230; 2 John. R. 146, 168, 176; 2 Wheat. 373; Chit. on Bills, Index, h.t.; Smith on Mer. Law, 138; Byles on Bills, 102.      7. The excuses for not making a presentment are general or applicable to all persons, who are endorsers; or they are special and applicable to the particular' endorser only.      8.-1. Among the former are, 1. Inevitable accident or overwhelming calamity; Story on Bills, Sec. 308; 3 Wend. 488; 2 Smith's R. 224. 2. The prevalence of a malignant disease, by which the ordinary operations of business are suspended. 2 John. Cas. 1; 3 M. & S. 267; Anth. N. P. Cas. 35. 3. The breaking out of war between the country of the maker and that of the holder. 4. The occupation of the country where the note is payable or where the parties live, by a public enemy, which suspends commercial operations and intercourse. 8 Cranch, 155 15 John. 57; 16 John. 438 7 Pet. 586 2 Brock. 20; 2 Smith's R. 224. 51. The obstruction of the ordinary negotiations of trade by the vi's maj or. 6. Positive interdictions and public regulations of the state which suspend commerce and intercourse. 7. The utter impracticability of finding the maker, or ascertaining his place of residence. Story on Pr. N. 205, 236, 238, 241, 264.      9.-2. Among the latter or special excuses for not making a presentment may be enumerated the following: 1. The receiving the note by the holder from the payee, or other antecedent party, too late to make a due presentment; this will be an excuse as to such party. 16 East, 248; 7 Mass. 483; Story, P. N. Sec. 201, 265; 11 Wheat. 431 2 Wheat. 373. 2. The note being an accommodation note of the maker for the benefit of the endorser. Story on Bills, Sec. 370; see 2 Brock. 20; 7 Harr. & J. 381; 7 Mass. 452; 1 Wash. C. C. R. 461; 2 Wash. C. C. R. 514; 1 Raym. 271; 4 Mason, 113; 1 Har. & G. 468; 1 Caines, 157; 1 Stew. 175; 5 Pick. 88; 21 Pick. 327. 3. A special agreement by which the endorser waives the presentment. 8 Greenl. 213; 11 Wheat. 629; Story on Bills, Sec. 371, 373; 6 Wheat. 572. 4. The receiving security or money by an endorser to secure himself from loss, or to pay the note at maturity. In this case, when the indemnity or money is a full security for the amount of the note or bill, no presentment is requisite. Story on Bills, Sec. 374; Story on P. N. Sec. 281; 4 Watts, 328.; 9 Gill & John. 47; 7 Wend. 165; 2 Greenl. 207; 5 Mass. l70; 5 Conn. 175. 5. The receiving the note by the holder from the endorser, as a collateral security for another debt. Story on Pr. Notes, Sec. 284; Story on Bills, Sec. 372; 2 How. S. C. R. 427, 457.     10. A want of presentment may be waived by the party to be affected, after a full knowledge of the fact. 8 S. & R. 438; see 6 Wend. 658; 3 Bibb, 102; 5 John. 385; 4 Mass. 347; 7 Mass. 452; Wash. C. C. R. 506; Bac. Ab. Merchant, &c. M. Vide, generally, 1 Hare & Wall. Sel. Dec. 214, 224. See Notice of dishonor.

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Legal Definition of Presentment

In an extended sense presentments include not only what is properly so called, but also inquisitions of office, and indictments found by a grand jury. 3 min read updated on February 01, 2023

Presentment : The written notice taken by a grand jury of any offence, from their own knowledge or observation, without any bill of indictment laid before them at the suit of the government upon such presentment, when 'proper, the officer emloyed to prosecute, afterwards frames a till of indictment, which is then sent to the grand jury, and they find it to be a true bill. In an extended sense presentments include not only what is properly so called, but also inquisitions of office, and indictments found by a grand jury.

The difference between a presentment and an inquisition , is this, that the former is found by a grand jury authorized to inquire of offences generally, whereas the latter is an accusation found by a jury specially returned to inquire concerning the particular offence. The writing which contains the accusation so presented by a grand jury, is also called a presentment.

Contracts - The production of a bill of exchange or promissory note to the party on whom the former is drawn, for his acceptance, or to the person bound to pay either, for payment.

The holder of a bill is bound, in order to hold the parties to it responsible to him, to present it in due time for acceptance, and to give notice, if it be dishonored, to all tho parties he intends to hold liable. And when a bill or note becomes payable, it must be presented for payment.

The principal circumstances concerning presentment , are the person to whom, the place where, and the time when, it is to be made.

In general the presentment for payment should be made to the maker of a note, or the drawee of a bill for acceptance, or to the acceptor, for payment; but a presentment made at a particular place, when pavable there, is in general sufficient. A personal demand on the drawee or acceptor is not necessary; a demand at his usual place of residence of his wife or other agent is sufficient.

When a bill or note is made payable at a particular place, a presentment, as we have seen, may be made there; but when the acceptance is general, it must be presented at the house or place of business of the acceptor.

In treating of the time for presentment , it must be considered with reference to:

• A presentment for acceptance
• One for payment

When the bill is payable at sight, or after sight, the presentment must be made in reasonable time; and what this reasonable time is depends upon the circumstances of each case. The presentment of a note or bill for payment ought to be made on the day it becomes due, and notice of non-payment given, otherwise the holder will lose the security of the drawer and endorsers of a bill and the endorsers of a promissory note, and in case the note or bill be payable at a particular place and the money lodged there for its payment, the holder would probably have no recourse against the maker or acceptor, if he did not present them on the day, and the money should be lost.

The excuses for not making a presentment are general or applicable to all persons, who are endorsers; or they are special and applicable to the particular' endorser only. Among the former are:

• Inevitable accident or overwhelming calamity
• The prevalence of a malignant disease, by which the ordinary operations of business are suspended
• The breaking out of war between the country of the maker and that of the holder
• The occupation of the country where the note is payable or where the parties live, by a public enemy, which suspends commercial operations and intercourse
• The obstruction of the ordinary negotiations of trade by the vi's maj or
• Positive interdictions and public regulations of the state which suspend commerce and intercourse
• The utter impracticability of finding the maker, or ascertaining his place of residence

Among the latter or special excuses for not making a presentment may be enumerated the following: 

• The receiving the note by the holder from the payee, or other antecedent party, too late to make a due presentment; this will be an excuse as to such party
• The note being an accommodation note of the maker for the benefit of the endorser
• A special agreement by which the endorser waives the presentment
• The receiving security or money by an endorser to secure himself from loss, or to pay the note at maturity. In this case, when the indemnity or money is a full security for the amount of the note or bill, no presentment is requisite
• The receiving the note by the holder from the endorser, as a collateral security for another debt

A want of presentment may be waived by the party to be affected, after a full knowledge of the fact. 

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presentment

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1) A demand for payment of a promissory note when it is due. The Uniform Commercial Code § 3-501 defines Presentment as: “a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.”

2) A formal written accusation to a court by a grand jury , made on its own initiative without a request or presentation of evidence by the local prosecutor. For example, in the 2013 Florida case State v. Womack , the District Court of Appeal held that each comment made by the grand jury in a presentment, which alleged wrongdoing by public officials, with a factual foundation that was germane to the scope of the inquiry was necessarily proper and in turn could not be repressed or expunged.

[Last updated in November of 2020 by the Wex Definitions Team ]

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Interesting Law Topics for Presentation: Engage Your Audience with Compelling Legal Themes

Interesting law topics for presentation.

Law is a vast and diverse field that offers a wide range of interesting topics for presentation. Whether you are a law student looking for ideas for your next presentation or a professional looking to expand your knowledge, there are plenty of fascinating subjects to explore. In article, delve some intriguing law topics perfect presentations.

1. Technology and Privacy Laws

With ever-increasing use technology our daily lives, intersection Technology and Privacy Laws has become hot topic. From data breaches to the use of surveillance technology, there are numerous issues to explore in this area.

Case Study: Apple vs. FBI Encryption Debate

In 2016, Apple found itself in a legal battle with the FBI over the encryption of an iPhone used by a perpetrator in a mass shooting. The case sparked a nationwide debate on privacy and national security, making it a compelling topic for a presentation.

2. Environmental Law and Sustainability

As world grapples devastating effects climate change, Environmental Law and Sustainability become increasingly important. Presentations on topics such as the regulation of carbon emissions, wildlife protection laws, and sustainable development can shed light on crucial legal issues.

Statistics: Environmental Impact Litigation

3. Criminal Justice Reform

The criminal justice system is a complex and multifaceted area of law, and there are many pressing issues to explore. Presentations on topics such as mass incarceration, racial disparities in sentencing, and reforming the bail system can spark thought-provoking discussions.

Case Study: Impact Mandatory Minimum Sentences

Research shows that mandatory minimum sentences have led to disproportionate incarceration rates among minority communities, highlighting the need for reform in the criminal justice system.

4. Intellectual Property Rights

In today`s digital age, intellectual property rights have taken on new significance. Presentations on topics such as copyright infringement, patent laws, and the legal implications of digital piracy can provide valuable insights into this dynamic area of law.

Statistics: Global Patent Filings

Overall, the field of law offers a wealth of intriguing topics for presentations. Whether you are interested in technology, environmental issues, criminal justice, or intellectual property, there is no shortage of captivating subjects to explore. By delving into these topics, you can gain a deeper understanding of the legal landscape and contribute to meaningful discussions on pressing societal issues.

Exploring Fascinating Legal Topics: Your Burning Questions Answered

Contract Interesting Law Topics for Presentation

This contract is entered into on this [Date] by and between the parties below:

Whereas, Party 1 is interested in hosting a presentation on interesting law topics and Party 2 is willing to provide their expertise in the field, both parties agree to the following terms and conditions:

• Party 2 agrees prepare presentation interesting law topics delivered mutually agreed date location.
• Party 1 agrees provide all necessary resources assistance successful delivery presentation.
• Party 2 warrants presentation informative, engaging, comply all relevant laws regulations.
• Party 1 agrees compensate Party 2 their services mutually agreed upon.
• Both parties agree maintain confidentiality any sensitive information disclosed during preparation delivery presentation.
• This contract shall governed laws [Jurisdiction] any disputes shall resolved through amicable negotiation.

This contract constitutes the entire agreement between the parties and supersedes any prior understanding or representation of any kind preceding the date of this agreement. There are no other promises, conditions, understandings, or other agreements, whether oral or written, relating to the subject matter of this agreement.

IN WITNESS WHEREOF, the parties hereto have executed this contract as of the date first above written.

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Meaning of presentation in English

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presentation noun ( EVENT )

• talk She will give a talk on keeping kids safe on the internet.
• lecture The lecture is entitled "War and the Modern American Presidency".
• presentation We were given a presentation of progress made to date.
• speech You might have to make a speech when you accept the award.
• address He took the oath of office then delivered his inaugural address.
• oration It was to become one of the most famous orations in American history.
• The presentation was a collaborative effort by all the children in the class .
• The charity invited the press to a presentation of its plans for the future .
• The magazine asked its readers to send in their comments about the new style of presentation.
• Jenny's retiring and I think there's going to be a small presentation this afternoon .
• Graduates must be in full academic dress at the presentation of certificates .
• call for papers
• deliver a speech
• maiden speech
• public speaking
• talk at someone

You can also find related words, phrases, and synonyms in the topics:

presentation noun ( APPEARANCE )

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presentation | American Dictionary

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Business Jargons

A Business Encyclopedia

Presentation

Definition : A presentation is a form of communication in which the speaker conveys information to the audience. In an organization presentations are used in various scenarios like talking to a group, addressing a meeting, demonstrating or introducing a new product, or briefing a team. It involves presenting a particular subject or issue or new ideas/thoughts to a group of people.

It is considered as the most effective form of communication because of two main reasons:

• Use of non-verbal cues.
• Facilitates instant feedback.

Business Presentations are a tool to influence people toward an intended thought or action.

Parts of Presentation

• Introduction : It is meant to make the listeners ready to receive the message and draw their interest. For that, the speaker can narrate some story or a humorous piece of joke, an interesting fact, a question, stating a problem, and so forth. They can also use some surprising statistics.
• Body : It is the essence of the presentation. It requires the sequencing of facts in a logical order. This is the part where the speaker explains the topic and relevant information. It has to be critically arranged, as the audience must be able to grasp what the speaker presents.
• Conclusion : It needs to be short and precise. It should sum up or outline the key points that you have presented. It could also contain what the audience should have gained out of the presentation.

Purpose of Presentation

• To inform : Organizations can use presentations to inform the audience about new schemes, products or proposals. The aim is to inform the new entrant about the policies and procedures of the organization.
• To persuade : Presentations are also given to persuade the audience to take the intended action.
• To build goodwill : They can also help in building a good reputation

Factors Affecting Presentation

Audience Analysis

Communication environment, personal appearance, use of visuals, opening and closing presentation, organization of presentation, language and words, voice quality, body language, answering questions, a word from business jargons.

Presentation is a mode of conveying information to a selected group of people live. An ideal presentation is one that identifies and matches the needs, interests and understanding level of the audience. It also represents the facts, and figures in the form of tables, charts, and graphs and uses multiple colours.

Related terms:

• Verbal Communication
• Visual Communication
• Non-Verbal Communication
• Communication
• 7 C’s of Communication

Reader Interactions

Abbas khan says

October 2, 2022 at 11:33 pm

Thank you so much for providing us with brief info related to the presentation.

Farhan says

February 23, 2023 at 9:45 am

yusra shah says

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The Law Dictionary

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PRESENT Definition & Legal Meaning

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1. Being in a set place at a given time. 2. To bring a motion before a court.

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NOTICE: On April 23, 2024, the U.S. Department of Labor (Department) announced a final rule, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales, and Computer Employees , which will take effect on July 1, 2024. The final rule updates and revises the regulations issued under section 13(a)(1) of the Fair Labor Standards Act implementing the exemption from minimum wage and overtime pay requirements for executive, administrative, and professional (EAP) employees. Revisions include increases to the standard salary level and the highly compensated employee total annual compensation threshold, and a mechanism that provides for the timely and efficient updating of these earnings thresholds to reflect current earnings data.

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• FLSA Minimum Wage : The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.
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On January 10, 2024, the U.S. Department of Labor published a final rule Employee or Independent Contractor Classification Under the Fair Labor Standards Act , effective March 11, 2024, revising the Department’s guidance on how to analyze who is an employee or independent contractor under the Fair Labor Standards Act (FLSA). This final rule rescinds the Independent Contractor Status Under the Fair Labor Standards Act rule ( 2021 IC Rule , 86 FR 1168), that was published on January 7, 2021. This guidance will be updated.

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Matthew D. Kohel, a partner in Saul Ewing's Baltimore office, represents clients in commercial litigation, intellectual property matters, and data privacy issues. His intellectual property experience includes claims for the misappropriation of trade secrets, trademark infringement, false advertising, the sale of counterfeit goods, and cases involving a variety of patent issues. He can be reached at [email protected].

Dana Silva, counsel in the Saul Ewing's Los Angeles office, handles business litigation and general civil suits. She has experience with breach of contract, fiduciary duty, trade secret disputes, fraudulent conveyance, unfair competition and shareholder disputes, among other matters. She can be reached at [email protected].

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Mexico has a new president, Claudia Sheinbaum. What does it mean for the United States?

When Mexicans elected a new president, they also chose the next negotiator-in-chief who will make tough choices with the United States on issues from immigration and trade to fentanyl trafficking .

Mexicans voted overwhelmingly for Claudia Sheinbaum, giving her more than 58% of the vote and a substantial mandate to govern the second-largest economy in Latin America and the No. 1 trading partner for the United States.

When President Andrés Manuel López Obrador leaves his post and Sheinbaum takes office on Oct. 1, she'll inherit a country that is reeling from slow economic growth and violence linked to organized crime . She'll also face a fractured relationship with the United States. Despite deep cross-border economic ties, the U.S.-Mexico relationship has been tested by the countries' shared problems with global migration and drug trafficking .

"The two countries have been suffering from an incredible fumbling of the ball in dealing with each other," said Tony Payan, director of the Center for the U.S. and Mexico at Rice University's Baker Institute. "I think the two countries need to come back to the table."

Politics: 'Finish the wall.' Why the southern border became a big issue for this New England state.

Americans may love "taco Tuesday" and vacationing in Cancun, but the complexity of the U.S.-Mexico relationship is often lost amid marketing and political rhetoric. Mexico’s stamp on the U.S. is everywhere.

It’s in the Mexico-made car parts  that keep U.S. autoworkers employed in Detroit , in the windmill blades exported to  U.S. clean energy plants , in the  pacemakers saving the lives of American patients  with heart failure, and in the $15  avocado toast on restaurant menus  nationwide.

U.S. exports to Mexico include grains grown in the Midwest and natural gas pumped in Texas. Mexico sends fruits and vegetables north, keeping grocery costs lower amid volatile inflation in the U.S.

The country  became the United States’ largest trading partner  last year, pushing China to the No. 2 spot, and the two neighbors now do  nearly $800 billion in trade annually , according to the U.S. Census Bureau.

But it’s a fraught relationship. Mexico is also the transit country for hundreds of thousands of U.S.-bound migrants, provoking repeated humanitarian crises at the U.S. border. And it’s the source country for the fentanyl that kills tens of thousands of Americans each year.

The U.S.-Mexico-Canada foreign trade agreement, known as the USMCA – negotiated during the Trump administration – is up for renegotiation in 2026. U.S.-based business leaders are concerned that renegotiating the deal could create uncertainty and hurt both countries' economies.

"Mexico is now the U.S.’s main trading partner," said Jennifer Apperti, director of the Texas-Mexico Center at Southern Methodist University. "To again reopen the door to things that have just been negotiated would be, honestly, not the best use of time. And business time is of the essence."

Domingo Garcia, president of the U.S.-based League of United Latin American Citizens, said in a statement that he looked forward to "building bridges" with the Sheinbaum administration.

In past meetings, Garcia said he found Sheinbaum "open, engaging, and willing to listen and share her thoughts on moving forward. Mexicans are vital to the United States' economic future and our hemisphere's overall robust vibrancy. At the same time, we must consider environmental and scientific initiatives in the interest of our well-being today and for future generations."

With an estimated 60% turnout for Sunday's vote, it was one of Mexico’s biggest elections in history. Nearly 100 million people were eligible to vote.

For the first time, Mexican citizens living in the United States were able to cast their ballots in person at 20 consulates in the U.S., including in Phoenix.

Contributing: Rafael Carranza, Arizona Republic

• Contributors

The Original Public Meaning of Investment Contract

Edward Lee is a Professor of Law at the Santa Clara University School of Law, starting in August 2024. This post is based on his recent article forthcoming in the U.C. Davis Law Review .

The Securities Act of 1933 defines “ security ” by identifying twenty examples of financial instruments or interests that constitute securities. “Investment contract” is the thirteenth example. It has assumed outsized importance in the Securities and Exchange Commission’s (SEC’s) enforcement actions against entities that have made public offerings of unregistered securities. Yet, nearly a century since the 1933 Act’s passage, the meaning of “investment contract” is still contested.

Nowhere is that more apparent than in the SEC’s ongoing enforcement actions against so-called “crypto asset securities”—a term nowhere in the Securities Act, but one that the SEC has used broadly to describe cryptocurrencies and non-fungible tokens (NFTs) in various actions. According to the SEC, these crypto assets are securities if they are “investment contracts” under the seminal case of SEC v. W.J. Howey Co . , in which the Supreme Court interpreted the term in 1946. Under SEC Chair Gary Gensler’s expansive view , most cryptocurrencies are investment contracts. Even an NFT for a Pokémon card might be.

In “ The Original Public Meaning of Investment Contract ,” I provide historical research of newspapers and dictionaries before and contemporaneous with the enactment of the Securities Act of 1933. This historical research calls into question the SEC’s expansive approach. The research shows that “investment contract” was not a technical term or legal term of art, or neologism created by Congress or state legislatures. The reason Congress didn’t provide a definition of “investment contract” is simple: Congress didn’t create “investment contract.” People did. The term dates back as early as the 1800s, and was based on the ordinary meaning of “investment” and “contract.” People sold investments in contracts—the contract itself was the vehicle for a person’s investment. When Congress enacted the 1933 Act, it adopted the meaning of “investment contract” commonly understood by people at the time. Recognizing this key insight provides clarity—and an important limit—to the term.

The Original Public Meaning of Investment Contract in 1933

Starting in the 1800s, business entities advertised offerings of their “investment contracts” in newspapers. On January 17, 1887, for example, the real estate business the Davidson Company offered its “investment contracts” in an ad published in the St. Paul Daily Globe . The ad explained: “we make investments in St. Paul real estate … under our ‘ Investment Contracts ,’ whereby the party investing is guaranteed his (or her) money back and 6 per cent interest and a share of the profits.” Other real estate investment ventures offered similar investment contracts , which often targeted nonresidents. Even though some offerings, like the Davidson Company’s, purported to purchase the real estate in the name of the investor, the land sale was in name only (as was the case in Howey ). People were buying, not land, but instead, the contract—or the contractual right of receiving “a share of the profits” made by the offeror from its venture.

The term “investment contract” was not limited to real estate ventures. The term was used broadly to apply to an array of investments, including contractual offerings in bonds , insurance , mining businesses , and general, unspecified investments, such as the one offered by the American Contract Co . Often, the ad for the offering stipulated the amount of profits the contracts would putatively yield to investors—for example, the Davidson Company ad “guaranteed his (or her) money back and 6 per cent interest and a share of the profits.” Newspaper ads also sought the hiring of salesmen to sell “investment contracts.” And newspaper articles in the early 1900s reported state and federal prosecutions of fraudulent “investment contracts.”

By 1920, when the Supreme Court of Minnesota first considered a case involving the meaning of “investment contract” in the state’s blue-sky statute, State v. Gopher Tire & Rubber Co. , the term had a well-established meaning: its ordinary meaning. As the Court explained, “The placing of capital or laying out of money in a way intended to secure income or profit from its employment is an ‘investment’ as that word is commonly used and understood .” Although the Court did not define “contract,” there is no indication that the word meant anything other than the ordinary meaning of contract. Indeed, the Court described the certificates at issue in the case in contractual terms: the offeror’s “certificates are like stock in that they give their holders the right to share in the profits of the corporation.” As the Court recognized in two subsequent cases in 1923 and 1927, the state’s blue-sky law regulated “offers to the public of investment contracts evidencing a right to participate in the proceeds of a venture .” Such offerings solicit “the public … to invest money in the contracts [the offerors] propose to sell.”

In 1946, when the U.S. Supreme Court interpreted “investment contract” in the Securities Act in Howey , the Court expressly adopted its contemporaneous meaning “as used by Congress,” a term “the meaning of which had been crystalized by this prior judicial interpretation [ Gopher Tire ]” in 1920. Indeed, as analyzed above, newspaper articles and advertisements before the passage of the 1933 Act show that “investment contract” was a term commonly used in public discourse to refer to a contract offered as an investment.

Under the original public meaning, an investment contract involves a certain type of quid pro quo : individuals “invest money in a common enterprise,” the quid , in exchange for “the expectation that they would earn a profit solely through the efforts of the promoter,” the quo . Or, under Gopher Tire ’s formulation that the Howey Court quoted, one invests “money … to secure income or profit from its employment” by the offeror. Put simply, an investor pays money for the right to the offeror’s profits.

Examining the economic reality and substance of a scheme, such as the land sale plus service agreement in Howey , allows courts to look at what the scheme, in fact, does in operation. The form of an instrument is not dispositive. Of course, it does not have to be titled “investment contract” to be an investment contract. The substance of the financial arrangement is key. The offering of an investment contract may be implied based on the facts , including the conduct, course of dealing, and representations of the parties. But the examination of economic reality under Howey does not allow the courts to ignore the text of the Securities Act—or the original public meaning of investment contract. If the facts indicate there was no offering of a contractual right to receive a share of the offeror’s or venture’s profits—what the Supreme Court described as “ the shares in the enterprise ”—the economic reality is there was no investment contract under the 1933 Act. Every Supreme Court decision finding an investment contract has involved such a contractual right, as summarized by the Brief of Securities Law Scholars as Amici Curiae in Support of Coinbase’s Motion. To interpret “investment contract” more broadly to situations completely lacking any such offering of a contractual right would impermissibly read the word “contract” right out of the statute. And it would violate “the core administrative-law principle that an agency may not rewrite clear statutory terms to suit its own sense of how the statute should operate.”

Adhering to the original public meaning of the Securities Act accords with the Supreme Court’s general approach to statutory interpretation. As the Court recently explained , “[t]his Court normally interprets a statute in accord with the ordinary public meaning of its terms at the time of its enactment.” Otherwise, courts “would deny the people the right to continue relying on the original meaning of the law they have counted on to settle their rights and obligations.” This principle serves both due process and the rule of law by providing people with clear notice of the scope of securities law—and by providing a limit to the SEC’s enforcement power.

Requiring Securities Registration of Artwork NFTs Constitutes a Prior Restraint

Nowhere is the need for such transparency apparent than in the SEC’s ad hoc treatment of NFTs. During the boom in the emerging market for NFTs, when sales volume hit $27 billion in 2021, the SEC issued no public guidance on whether NFTs are securities that must be registered before their public sale. NFTs create a new type of property in and embodiment of digital artworks and other creative expression, and offer digital artists a nascent market for their artworks. The SEC’s silence left people in the dark. Then, in the span of just two weeks in 2023, the SEC announced the settlements of enforcement actions against two NFT projects for allegedly selling a collection of NFTs as unregistered securities to the public. The SEC concluded that the NFTs operated as “investment contracts” and were therefore securities under Howey . In both actions, SEC Commissioners Hester Peirce and Mark Uyeda dissented, disagreeing with the SEC’s overbroad classification of the NFTs. They admonished : “The Commission should have grappled with these questions long ago and offered guidance [to the public] when NFTs first started proliferating.”

The SEC’s orders ignored the First Amendment problem that arises when the SEC regulates NFTs involving artworks or creative expression protected by the First Amendment. Both NFT projects subject to the SEC orders involved artistic works: their artworks were embodied in their NFTs, which included pictorial and graphical images (keys depicting various symbols, and numerous cat characters for an animated series, respectively). And both NFT projects had plans to create artistic expression as their business: Impact Theory was developing an online game, and Stoner Cats , an animated web series featuring the cat characters. To require securities registration of artwork NFTs before an artist can distribute them to the public raises a serious First Amendment problem—and most likely constitutes an unlawful prior restraint in violation of the artist’s freedom of expression. A digital Pokémon NFT is just as much protected expression as a physical Pokémon card. Restraining the sale of either until the government approves its publication is a prior restraint in violation of the First Amendment.

Adhering to the original public meaning of “investment contract” avoids this First Amendment problem. Artwork NFTs are not investment contracts because they typically do not entitle, by contract, their holders to share the profits solely generated by the NFT project. Instead, the NFTs typically convey ownership in an embodiment of an artwork. Artwork NFTs are “original collectibles,” as Cassandra Hatton, a senior vice president at Sotheby’s who has overseen the sale of many NFTs, explained in Amy Whitaker and Nora Burnett Abrams’ book, The Story of NFTs: Artists, Technology, and Democracy .

And the mere expectation of appreciation in the value of an artwork, whether embodied in NFTs or canvas, doesn’t create an investment contract any more than the appreciation in Barbie dolls, Birkin bags, Nike sneakers, Pokémon cards, Rolex watches, and Picasso paintings. Even if people who invest in these collectibles reasonably expect an appreciation in value—i.e., profits—from their respective makers’ efforts, such as in developing their brands and returning value to their collectors, that speculative expectation of profit doesn’t turn these collectibles into investment contracts. The economic realities of buying collectibles are different in kind from investing in investment contracts. Buying a rare Barbie, even if purchased from Mattel as an NFT expecting it will appreciate, is different from buying a right to a business’s profit. The former lacks the contractual right to profits that the latter has.

A link to the article on SSRN: https://ssrn.com/abstract=4819525

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Man City are taking legal action against the Premier League – what does it all mean?

Manchester City are opening a new front in their legal battle with the Premier League .

They are already due to defend themselves against 115 charges of breaching the Premier League’s profit and sustainability rules (PSR) — which they deny — but they have now turned the tables.

City have brought a separate legal case against the Premier League’s associated party transaction (APT) rules, which will begin on June 10. The implications, if City are successful, could reshape the division’s financial landscape.

With Premier League clubs set to meet for their AGM on Thursday, this will be the central topic on their representatives’ lips. What does it all mean? The Athletic explains.

What are the APT rules?

Rules already existed, but tightened-up regulations were first rushed into place immediately after the Saudi-led takeover of Newcastle United was eventually approved in October 2021. Rival clubs feared Newcastle’s new owners — Saudi Arabia ’s Public Investment Fund (PIF) — could use their vast array of companies to strike a multitude of inflated sponsorship deals. This would drive revenue and circumvent PSR rules.

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The clubs initially voted for a temporary suspension but eventually agreed on a framework which would see all associated-party transactions subjected to a fair market value test. Essentially, teams would have to prove that any deal was financially justifiable to all parties based on the going rate.

For example, Newcastle’s sponsorship deals with PIF-linked events company Sela and e-commerce company Noon were both subject to this test.

A new version of these rules was then agreed in February of this year.

So what is City’s complaint?

City have always opposed or abstained when voting on the introduction of these policies in Premier League meetings — the club’s sponsorship network has historically been tied to figures who sit on the board of the City Football Group (CFG).

For example, title sponsor Etihad — whose name sits on both the club’s shirt and stadium — is the state airline of the United Arab Emirates. City’s owner — the Abu Dhabi United Group (ADUG) — is a private equity company with strong links to the UAE government. ADUG insists the two are separate. Nevertheless, until August 2021, Etihad was chaired by Mohamed Al Mazrouei — who sat on City’s board until January 2022.

The Athletic reported in 2022 that City receive in excess of £67.5million per year from Etihad for their sponsorship of the club.

City recorded Premier League record revenues in 2022-23, bringing in £712.8million, of which almost half — £341.4m — was commercial income. That is 13 per cent bigger than Manchester United , English football’s traditional commercial powerhouse. City’s commercial income is up 50 per cent since 2019 and now makes up 48 per cent of total revenue.

As an aside, City and Newcastle are not alone in this — Leicester City ’s owners, King Power, for example, sponsor the club’s stadium, jersey and training kit. However, City and Newcastle’s close links to state investment offer them a far deeper well — which is why rival Premier League clubs mobilised to close the loophole.

In February, new rules were agreed. At the same meeting, Premier League chief executive Richard Masters informed clubs that an unnamed club — named as City by The Athletic at the time — was threatening legal action in response, claiming the new regulations were in breach of competition law.

That has now come to pass — in a two-week hearing which will take place in private from next Monday. According to a source with knowledge of the situation, who like all those spoken to for this article asked to be kept anonymous as they did not have permission to speak, City deem the rules to have been rushed through — the first suspension of APT laws came just four days after Newcastle’s takeover was finalised — and believe the rules were applied in a targeted manner. That City source, however, stressed that the club does want some form of regulation to remain — albeit in a guise they would view as non-discriminatory.

According to a 165-page legal submission seen by British newspaper The Times , City have argued that they have suffered “discrimination” as a result of the new rules, alleging they amounted to a “tyranny of the majority”. The Premier League requires a majority of 14 clubs to impose new regulations.

The Times also reported that City will seek damages for losses they claim to have suffered since APT laws were introduced.

UEFA , incidentally, have their own fair-market value test. City’s legal case does not address those laws and the club will still have to comply with them in European competition. And according to a source, at least one European superclub is following proceedings closely, wary of the implications that a growth in City’s revenue could have.

How much support do City have?

Rival clubs are able to make their voices heard by providing witness statements or evidence in favour of either City or the Premier League.

In theory, Newcastle are natural allies with City — an end to APT rules would facilitate several further lucrative sponsorship deals with PIF-owned companies. Newcastle have been operating close to their PSR limits and may face the need to sell a prize asset in the summer, but increasing their revenue allows them to continue investing in their squad.

Sources with knowledge of the situation said other Premier League clubs are also considering supporting City due to their own potential abilities to take advantage of APT rules in future. Others, while they support the regulations in principle, agree with City that the rules were hurriedly implemented and could be improved upon.

However, the majority of the league will still be hoping City lose their case — although as this matter will take place under competition law in private arbitration, rather than be subject to a Premier League vote, their voices ultimately carry limited sway.

Teams have always sought to maintain pressure on the Premier League over City’s ability to spend. This has included informal phone calls to Premier League HQ from owners and chief executives of its clubs, or even legal letters or requests for information that would land at the Premier League.

What will happen if City win?

At a basic level, teams such as City and Newcastle will be able to immediately strike several deals and enter this summer’s transfer market with renewed force. Other clubs may scramble to find related-party sponsorship deals of their own to circumvent PSR laws.

Last season, two teams — Everton and Nottingham Forest — faced points deductions for breaching PSR rules. A promoted team (Leicester City) are facing an identical charge. These regulations financially capped the majority of teams. Success for City has the potential to upend the league’s financial landscape.

There is a strong correlation between wage bills and finishing positions — clubs who can increase sponsorship revenue can put that money directly into player contracts without fear of a points deduction.

But the implications could be even wider.

“If a challenge to the legality of these APTs can succeed, then it is not inconceivable that someone might try to challenge the overarching profit and sustainability rules more generally,” says Daniel Gore, a senior associate at law firm Withers, who specialises in competition law and arbitration.

“This could reverse the moves made to ensure that clubs operate within their means — something people may argue has increased the overall competitiveness of the Premier League and reduced clubs going insolvent.”

City’s objection to the Premier League’s ‘two-thirds majority’ framework — which they termed as “tyranny” — directly challenges the league’s democratic process.

“This is a common threshold for corporate procedure and means that there is a reasonable and transparent process,” says Gore. “It is hard to see how effective governance could take place without a threshold such as this, so Manchester City’s challenge could plunge the Premier League’s governance structure into chaos and make it harder for any decision to take place.”

What will happen if City lose?

Nothing, in a literal sense. The rules will remain as they are — though City always have the ability to attempt to table a vote to change the regulations in a Premier League meeting.

However, this is just part of City’s battle against the Premier League. Sometimes, it is easy to forget that the league’s dominant team — its victors for six of the last seven seasons — have been either investigated or in open dispute with the Premier League for almost the entirety of that time.

Some legal experts, who have advised on elements of the European Super League (ESL), have theorised that City’s ongoing dispute with the Premier League may be one way in which the competition may be reborn. Real Madrid and Barcelona are still pursuing the concept of an ESL. Italian club Juventus withdrew from those plans on Saturday.

If City lose their challenge over APT regulations and are found guilty of breaching a number of the 115 FFP charges, relationships with the Premier League will be at an all-time low, raising the possibility of City entering open revolt by seeking to rejoin the ESL.

But speaking of those 115 charges…

Is this linked to the 115 charges?

Yes and no. On the one hand, the 115 charges relate to allegations of past financial breaches — essentially, disguising payments made to the club by their ownership as sponsorship revenue, with those sponsorship deals themselves inflated. In contrast, City’s APT dispute will govern what they are allowed to do going forward.

However, if APT laws are found to be unlawful — and with City accused of leveraging them by the Premier League — City’s defence in the parent case will be significantly strengthened.

Progress in that has been lengthy and contentious, with City’s lawyers — led by Lord Pannick, one of the United Kingdom’s most expensive barristers — opposing the Premier League at every step.

In one email, published by German newspaper Der Spiegel in 2018, a City lawyer claims that Khaldoon al Mubarak, the club’s chairman, had said that “he would rather spend 30million on the 50 best lawyers in the world to sue them for the next 10 years” than agree to any financial settlement or penalty from UEFA — who had been involved in their own lengthy legal process against the English side.

City’s legal action here is another way in which the club can muddy the process and attack the Premier League.

How much of a problem is this for the Premier League?

The Premier League’s legal capabilities are already stretched — The Athletic has already reported on their need to recruit extra help to deal with the caseload at the end of last season. This will only add to their plate.

In a sense, they are also in a tough spot politically. Even if the Premier League wins this case, the shadow of City’s 115 charges still looms — with rival clubs insistent that City must be appropriately punished for what they view as a breach. A verdict is not expected until at least the spring of 2025.

If the Premier League lose, then clubs with links to state ownership will be even more empowered financially, which will lead to fierce questioning from rival sides over the division’s credibility.

Thursday’s AGM will be interesting.

(Top photo: Naomi Baker/Getty Images)

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Jacob Whitehead is a reporter for The Athletic, who covers a range of topics including investigations and Newcastle United. He previously worked on the news desk. Prior to joining, he wrote for Rugby World Magazine and was named David Welch Student Sportswriter of the Year at the SJA Awards. Follow Jacob on Twitter @ jwhitey98