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2026-06-26 13:00:00

2 Credits

Master the UPEPA special motion from complaint screening through appeal, including warning letter strategy, burden-shifting briefing, automatic stay leverage, and fee recovery in jurisdictions adopting the uniform anti-SLAPP framework.

2026-06-26 13:00:00

2 hours

Master the UPEPA special motion from complaint screening through appeal, including warning letter strategy, burden-shifting briefing, automatic stay leverage, and fee recovery in jurisdictions adopting the uniform anti-SLAPP framework.

2026-06-26 13:00:00

2 hours

1000+

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1000+

Live stream programs

24/7

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

One Motion, Two Burdens, One Fee Award

Twelve states have now enacted the Uniform Public Expression Protection Act and the rest are watching, which means a defamation, tortious interference, or business disparagement complaint filed against speech on a matter of public concern triggers a special motion regime that bears little resemblance to the patchwork anti-SLAPP statutes practitioners learned a decade ago. The UPEPA imposes a sixty-day filing window, shifts burdens twice within a single motion, freezes discovery and collateral motions on filing, and mandates fee-shifting against the losing plaintiff. These mechanics collapse traditional pleading strategy and expose counsel who treat the motion as a routine Rule 12 substitute. The program walks four procedural stages: pre-motion mechanics including scope testing, the warning letter, and Rule 11 coordination; the special motion itself with burden-shifting at opening, opposition, and reply, and expedited hearing and ruling; the automatic stay over discovery and other motions; and post-motion costs, fees, and the accelerated interlocutory appeal. Attendees will be able to draft, oppose, and defend the UPEPA special motion at every stage.

Key topics that will be covered

What will you learn

Attorneys will learn to file and defend UPEPA special motions, test complaints against statutory scope, brief burden-shifting at every stage, and recover statutory fees.

What will you gain

Competencies in warning letter drafting, Rule 11 coordination, evidentiary burden-shifting, automatic stay enforcement, expedited hearing strategy, fee petitions, and accelerated appellate review.

Scope test
Examining whether the offending cause of action falls within UPEPA’s protective scope.
Warning letter
Drafting the pre-motion notice that gives plaintiff a chance to dismiss.
Burden shifts
Movant scope showing, plaintiff pleading and evidentiary viability, defendant reply challenges.
Automatic stay
Freeze on discovery and collateral motions once the special motion is filed.
Hearing timing
Expedited hearing and ruling deadlines that compress litigation calendars.
Fees and appeal
Mandatory cost, expense, and fee recovery plus accelerated interlocutory appeal.

What will you learn

Attorneys will learn to file and defend UPEPA special motions, test complaints against statutory scope, brief burden-shifting at every stage, and recover statutory fees.

What will you gain

Competencies in warning letter drafting, Rule 11 coordination, evidentiary burden-shifting, automatic stay enforcement, expedited hearing strategy, fee petitions, and accelerated appellate review.

Agenda

Session 1

History of Anti-SLAPP Laws: UPEPA’s Origins and Purpose

Session 2

Pre-Motion Mechanics

Session 3

UPEPA in Practice

Session 4

Post-Motion Mechanics

Session 5

UPEPA Developments and Next Steps

clock 1:00 pm - 1:20 pm EST

History of Anti-SLAPP Laws: UPEPA’s Origins and Purpose

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Traces anti-SLAPP protection from Washington’s limited 1989 law and California’s broad 1992 statute through constitutional challenges in Davis v. Cox and Leiendecker v. Asian Women United of Minnesota, then to the Uniform Law Commission’s drive for a single, durable statute in UPEPA.

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

clock 1:20 pm - 1:40 pm EST

Pre-Motion Mechanics

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Tests the complaint against UPEPA’s scope, drafts the warning letter to plaintiff, required in Washington and advisable everywhere and coordinates ancillary filings including the answer, Rule 11 sanctions, service, and other timing considerations before the special motion is filed.

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

clock 1:40 pm - 2:00 pm EST

UPEPA in Practice

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Brings and opposes the motion through Prong One’s initial burden on protected expression and Prong Two’s prima facie response, then weighs the evidence considered under Rule 12 and Rule 56 as the burden shifts back to the movant, with the mandatory fee request preserved throughout.

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

clock 2:10 pm - 2:40 pm EST

Post-Motion Mechanics

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Maps the automatic stay over discovery, appeal, and proceedings involving other parties, sets hearing and ruling deadlines including the effect of a nonsuit and of missed deadlines, and pursues costs, expenses, and fees along with the sanctions and damages some states allow.

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

clock 2:40 pm - 3:10 pm EST

UPEPA Developments and Next Steps

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Reviews significant decisions including Jha v. Khan, Davenport Extreme Pools & Spas v. Mulflur, Paucek v. Shaulis, Aston v. Chronicle-Progress, Lichfield v. Kubler, and Mackey v. Krause, flags cases to watch such as Cook v. Trimble, and assesses new constitutional challenges and federal-court application.

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

01 05
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speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Jay D. Adkisson

Adkisson Pitet LLP

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Jay D. Adkisson

Adkisson Pitet LLP

Jay Adkisson is a Managing Partner of Adkisson Pitet LLP whose practice covers creditor-debtor litigation, asset protection and wealth preservation, captive insurance companies and insurance and reinsurance litigation, and anti-SLAPP litigation. He served as an ABA Advisor to the Uniform Law Commission drafting committee for the Uniform Public Expression Protection Act and is the author, with Carl A. Berthold Jr., of Anti-SLAPP Law Modernized: The Uniform Public Expression Protection Act (UPEPA), a phrase-by-phrase examination of the statute. He has twice been an expert witness to the U.S. Senate Finance Committee, contributes to Forbes.com on wealth preservation, and has lectured to the U.S. Department of Justice and the Internal Revenue Service on judgment enforcement issues.

Education & Credentials

Jay earned his Juris Doctor with honors from the University of Oklahoma College of Law in 1988, where he was a member of the Oklahoma Law Review. He has been admitted to practice before the Supreme Court of Oklahoma (1989), Texas (1993), California (2007), Nevada (2012), and Arizona (2012).

Recognition & Leadership

Jay is an honorary member of the California Association of Judgment Professionals, a Hall of Fame member of the National Association of Estate Planning Councils, a Fellow of the American College of LLC and Partnership Attorneys and serves as Master of the Bench in the Howard D. McKibben Inn of Court since 2016.

Professional Involvement

Jay served as ABA Advisor to the drafting committees of the Uniform Voidable Transactions Act, the Uniform Protected Series Act, the Uniform Registration of Canadian Money Judgments Act, and the Uniform Public Expression Protection Act. He has also chaired the American Bar Association Committees on Captive Insurance and on Insurance and Financial Products.

Experience

Jay has published hundreds of articles on his areas of emphasis and authored several books including Anti-SLAPP Law Modernized: The Uniform Public Expression Protection Act (UPEPA) (Amazon 2022), The Charging Order Practice Guide (American Bar Association 2018), Asset Protection: Concepts & Strategies (McGraw-Hill 2003), and Adkisson's Captive Insurance Companies (iUniverse 2006). He served as a panelist for the National Business Institute on Anti-SLAPP Law Modernized: The Uniform Public Expression Protection Act and writes extensively on UPEPA developments, including the commercial speech exception examined in Boshears, the first UPEPA order issued in the Project Veritas case, and recent UPEPA fee awards upheld after voluntary dismissals.

Jay D. Adkisson

Adkisson Pitet LLP

Jay Adkisson is a Managing Partner of Adkisson Pitet LLP whose practice covers creditor-debtor litigation, asset protection and wealth preservation, captive insurance companies and insurance and reinsurance litigation, and anti-SLAPP litigation. He served as an ABA Advisor to the Uniform Law Commission drafting committee for the Uniform Public Expression Protection Act and is the author, with Carl A. Berthold Jr., of Anti-SLAPP Law Modernized: The Uniform Public Expression Protection Act (UPEPA), a phrase-by-phrase examination of the statute. He has twice been an expert witness to the U.S. Senate Finance Committee, contributes to Forbes.com on wealth preservation, and has lectured to the U.S. Department of Justice and the Internal Revenue Service on judgment enforcement issues.

Education & Credentials

Jay earned his Juris Doctor with honors from the University of Oklahoma College of Law in 1988, where he was a member of the Oklahoma Law Review. He has been admitted to practice before the Supreme Court of Oklahoma (1989), Texas (1993), California (2007), Nevada (2012), and Arizona (2012).

Recognition & Leadership

Jay is an honorary member of the California Association of Judgment Professionals, a Hall of Fame member of the National Association of Estate Planning Councils, a Fellow of the American College of LLC and Partnership Attorneys and serves as Master of the Bench in the Howard D. McKibben Inn of Court since 2016.

Professional Involvement

Jay served as ABA Advisor to the drafting committees of the Uniform Voidable Transactions Act, the Uniform Protected Series Act, the Uniform Registration of Canadian Money Judgments Act, and the Uniform Public Expression Protection Act. He has also chaired the American Bar Association Committees on Captive Insurance and on Insurance and Financial Products.

Experience

Jay has published hundreds of articles on his areas of emphasis and authored several books including Anti-SLAPP Law Modernized: The Uniform Public Expression Protection Act (UPEPA) (Amazon 2022), The Charging Order Practice Guide (American Bar Association 2018), Asset Protection: Concepts & Strategies (McGraw-Hill 2003), and Adkisson's Captive Insurance Companies (iUniverse 2006). He served as a panelist for the National Business Institute on Anti-SLAPP Law Modernized: The Uniform Public Expression Protection Act and writes extensively on UPEPA developments, including the commercial speech exception examined in Boshears, the first UPEPA order issued in the Project Veritas case, and recent UPEPA fee awards upheld after voluntary dismissals.

Caesar Kalinowski IV

Davis Wright Tremaine LLP

Caesar Kalinowski IV takes an expansive view of his clients’ First Amendment and intellectual property rights, regularly litigating cases involving freedom of expression, civil rights, copyright, trademark, and government regulation of technological advances. He also advises media and tech companies during production of creative content and news articles, with expertise in national security issues drawn from multiple special operations tours overseas with the United States Marine Corps and the intelligence services.

Education & Credentials

Caesar earned his J.D. from the University of Washington School of Law with honors, where he received the Dean's Medal, served as President of the Military Law Association, was a member of the Latina/o Law Students Association, and sat on the Moot Court Honor Board. He earned his B.A. in Intelligence Studies from American Military University, magna cum laude, and was named to the President's List. He is admitted to practice in Washington, the U.S. Supreme Court, the U.S. Courts of Appeals for the Fifth, Eighth, Ninth, Eleventh, and D.C. Circuits, and multiple U.S. District Courts.

Recognition & Leadership

Caesar has been named "One to Watch" by Best Lawyers in Appellate Practice from 2024 to 2026, in Commercial Litigation from 2024 to 2026, in Litigation, Intellectual Property from 2024 to 2026, and in Entertainment and Sports Law in 2026. He was selected to Washington Rising Stars by Thomson Reuters in 2025, received the Chief Justice Mary E. Fairhurst Award of Merit from the Washington State Bar Association in 2023, and received the Julie Orr Heart of Justice Award from Davis Wright Tremaine in 2019.

Professional Involvement

Caesar serves as Appellate Practice Committee Co-Chair of the M3 Federal Bar Association, a Board Member of the World Affairs Council, Seattle, History Chair of the Washington State Bar Licensure Task Force, a Washington Attorney General Veterans Advisory Board Member, the Ninth Circuit Appellate Lawyer Representative from 2023 to 2026, former Chair and current Board Member of the Washington State Veterans Bar Association, and a member of the Latina/o Bar Association of Washington.

Experience

Caesar clerked for the Honorable Richard C. Tallman of the United States Court of Appeals for the Ninth Circuit and the Foreign Intelligence Surveillance Court of Review in Seattle. He also served as a legal extern with the Washington State Supreme Court, as a law clerk with the United States Attorney's Office in Seattle, and as a summer associate with Davis Wright Tremaine LLP. He served in the United States Marine Corps from 2004 to 2014.

Laura Lee Prather

Chair, Media Law Practice Group | Haynes Boone LLP

Recognized nationally and internationally as a fearless freedom of expression advocate, Laura Lee Prather was awarded The American Lawyer’s inaugural Tony Mauro Media Lawyer Award for her efforts advocating for legislation to strengthen First Amendment rights, including advocacy for free speech rights at the statehouse and the courthouse. Board Certified in Civil Appellate Law, Laura represents content providers including online and traditional publications, cable and terrestrial broadcasters, streaming media platforms, podcasts, production companies, and music and sports entities at the trial and appellate court level in First Amendment, anti-SLAPP, and intellectual property disputes.

Education & Credentials

Laura is Board Certified in Civil Appellate Law by the Texas Board of Legal Specialization. She practices from the Austin and Houston offices of Haynes Boone.

Recognition & Leadership

Laura has been recognized in Chambers USA for First Amendment Litigation, Nationwide from 2017 to 2025, named a BTI Client Service All-Star, recognized by The American Lawyer as one of the forty-five best young women lawyers in the nation, and received the Texas Daily Newspaper Association's Legacy Award as the first woman to do so. She was named Texas Association of Broadcasters' Associate of the Year and selected as one of Texas Lawyer's Extraordinary Women in Texas Law. In 2022 and 2023 she was selected as a Fulbright Scholar, and her TEDxSurrey talk "The Assault on Free Speech" was named a TED Editor's Pick.

Professional Involvement

Laura served as an American Bar Association Advisor to the Uniform Law Commission's Model Anti-SLAPP Committee, which wrote the Uniform Public Expression Protection Act adopted by the ULC in 2020, and now works with the ULC Enactment Committee to have it serve as a model in all fifty states. She serves on the Public Participation Project's National Board of Directors, was appointed to the European Commission Expert Group Against SLAPP, and served as an Advisor to the Council of Europe's Anti-SLAPP Expert Working Group. She also serves as General Counsel for the Legislative Advisory Committee of the Texas Press Association.

Experience

Laura testified before multiple state legislatures and before Congress on the need for anti-SLAPP laws and has argued a significant number of anti-SLAPP motions and appeals at every level. She co-authored definitive law review articles on the Texas Citizens Participation Act with Texas Supreme Court Justice Jane Bland, including "Bullies Beware: Safeguarding Constitutional Rights Through Anti SLAPP In Texas" (47 Tex. Tech L. Rev. 725), which received The Franklin Jones Best CLE Article from the Texas Bar College. She authored "SLAPP Suits: An Encroachment on Human Rights of a Global Proportion and What Can Be Done About It" in 22 Northwestern Human Rights Law Journal No. 2 (2023). She was instrumental in the passage of the Texas Citizens Participation Act and led coalitions to pass the reporters' privilege, the Defamation Mitigation Act, and the neutral reportage privilege in Texas.

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Approved
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Pending
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs