CLE Course Catalog

ABA Professional Responsibility Client-Lawyer Guidelines Part V

Price: $19.99

This class is part of a special MCLEZ series on The Rules of Professional Conduct. The Rules, written by the American Bar Association, are "the gold standard" when making critical decisions about ethics, compliance and best practice. The ABA Rules have been adapted by most state bars for the benefit and guidance of their members. In addition, the Rules are an authority across the U.S. during attorney disciplinary hearings and fee dispute arbitrations. In this class, David Graulich, Esq. examines Section VIII (Maintaining the Integrity of the Profession). Among the topics covered: Bar Admission and Disciplinary Matters, Judicial and Legal Officials, Reporting Professional Misconduct, Misconduct and Disciplinary Authority; Choice of Law. Graulich illustrates the ABA rules with citations from actual cases as well as personal anecdotes from his experiences as a plaintiff's employment lawyer in Northern California.

Credits:

Course Agenda:

• Rules Overview ? Maintaining the Integrity of the Profession
• Rule 8.1 - Bar Admission and Disciplinary Matters
• Rule 8.2 - Judicial and Legal Officials
• Rule 8.3 - Reporting Professional Misconduct
• Rule 8.4 - Misconduct
• Rule 8.5 - Disciplinary Authority; Choice of Law
• Further Reading

Course Presenter(s):

• David Graulich, Esq.

Aliant Law - Economic Crime Conference

Price: $29.99

This program features an expert panel of attorneys from across the world who discuss global trends in sanctions and Asset Recovery, particularly in relation to the Ukraine-Russia war. This second Aliant Law International Economic Crime Conference provides valuable information for attorneys who represent U.S. businesses impacted by sanctions on Russia, both here and globally. Attorneys from the UK, Italy, India, and France identify which countries have, or have not been affected, in various sectors, such as the financial sector, shipping, aviation and energy. Remedies or compliance measures, such as asset-recovery (seizure of ships/aviation), anti-money laundering statutes in numerous countries. and whistle-blower remedies are examined. The panelists also discuss immigration and human rights issues and specific remedies implemented (or not) in many countries. This program is of great value for lawyers who value the expertise of colleagues from other countries and how they asses the relative impacts of this conflict on the global legal landscape for businesses and other clients across the globe and in the U.S., and recommendations they have on how to best provide protective legal measures for their clients.

Credits:

Course Agenda:

• The Present
• Current Magnitude
• Effect on Biz Sector
• Energy Impacts
• Energy Sector
• Financial Sector
• Export Controls
• Aviation
• Block, Freeze, Seize
• How to Respond

• L.D. n. 231/2001
• Sanctions
• Precautionary Measures
• Warning
• Conclusion

• Statutory Details
• 2 Categories of Requesting States
• Extradition Process for Category 1 Territories
• Category 2 Territories
• Category 2 Territories - Type B
• Extradition Process for Category 2 Territories
• Extradition Hearing
• Secretary of State's Decision
• Bars to Extradition
• The Transitional Period
• No Supervisory Jurisdiction by CJEU
• End of Dual Criminality Assumptions?
• Extradition of Nationals
• ECHR

• Key Provisions
• Registration of Overseas Entities
• What Steps Does and Overseas Entity Need to Take?
• What is a Registrable Beneficial Owner?
• Requirements
• Civil Asset Recovery - Unexplained Wealth Orders
• Key Changes to the UWO
• Unlawful Conduct

Course Presenter(s):

• Jacob Stein, Esq

And Then There is FRAUD

Price: $19.99

This course is an examination of FRAUD and an analysis of legal trends and legislative solutions intended to bring attention to today's legal practitioners, through real-world examples, of the dangers of swatting, deep fakes, crypto-currency, and other fraud on the internet and other routine transactions, to better protect their clients and improve quality of life.

Credits:

Course Agenda:

Course Presenter(s):

• Greg Woods, J.D.

Attorney Civility and Professionalism

Price: $19.99

Why is this important? The adversarial process can be taken to extremes, to where it may become an internal aspect of a firm's culture. This obstructs the kind of cooperation that can ease and expedite workloads. It's also been shown to create a level of stress that is extremely unhealthy; including life-threatening issues. Furthermore, we've all heard the expression ?you catch more flies with honey,? and yet the singular adversarial approach works against this. We need to recognize that this approach is only one tool in the toolbox, and you have access to many more. In addition, adding these tools will positively impact your success, health, and income.

Credits:

Course Agenda:

• I. The Problem - Working too hard for stable income.
• II. The Solution - supercharging our negotiating skills.
• III. Implementation
• A. Mind Prep ? The Empty Cup (synopsis of the Koan)
• 1. Tempo / Pace - The Cues.
• 2. Primary Processing Center (fear, need, control)
• 3. Thinking vs. Emotions in decision-making
• IV. Summary
• A. Adjusted Responses

Course Presenter(s):

• Russell Jackman, Esq.
• Ian Blei

Attorneys and Hi-Tech Communication: A Basic Guide

Price: $19.99

In today's modern workplace, Attorneys need to understand the importance of meeting with clients in a virtual setting. This lecture discusses the ethical and practical reasons to go virtual with meetings and how to accomplish that task, plus tips and troubleshooting ideas for making those online meetings happen as successfully as possible.

Credits:

Course Agenda:

• We all know about the internet but?
• Why is it important?
• ABA MODEL RULE 1.4
• Sensitivity to meeting in person
• Advantages/Necessities to online meeting
• What are the options?
• Facebook
• Skype
• Zoom
• Citrix/VPN Apps
• Troubleshooting
• Things to consider

Course Presenter(s):

• Russell Jackman, Esq.

Attorneys and the Cloud - Update

Price: $19.99

What is "The Cloud"?

Who runs it? Where is it? Will it go away? Where is all my information? Is it worth using? These questions and more are discussed in this program which helps attorneys learn about this major development in law technology and also meet ethical obligations to remain knowledgeable in this area, as stated by the ABA.

ABA Model Rule 1.1 Competence: A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation. Additional Cloud areas discussed include Centralized case/matter management, Document management, Time and billing, Scheduling/reporting, Contact management, Conflict checking and more.

Credits:

Course Agenda:

• What is the "cloud"?
• Cloud Benefits
• Ethics behind Cloud Computing
• Cloud Concerns
• Cloud Tasks for Attorneys
• Cloud Considerations
• Cloud Computing Services
• Managing Cloud Risks
• Legal Specific Cloud Computing Services

Course Presenter(s):

• Russell Jackman, Esq.

Business and Asset Protection Strategies in the Age of Covid-19

Price: $19.99

than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.

Credits:

Course Agenda:

• Overview of Asset Protection
• Fraudulent Transfers
• Business Entities
• Trusts in Asset Protection
• Protecting Specific Assets
• How to plan for a lawsuit

Course Presenter(s):

• Jacob Stein, Esq

Coming to America and Staying: Immigration Law Basics

Price: $19.99

At the forefront of the news and a subject that is intensely controversial for both foreigners and citizens is the topic of Immigration laws in the United States. However, many people do not know the inner workings of the system or what the immigration laws of the United States really means for people trying to come in legally to the USA. This lecture will cover those basics and give the attendee the status of where we are today when it comes to the topic of Immigration.

Credits:

Course Agenda:

• Immigration and Nationality Act
• Family Based Immigration
• Employment Based Immigration
• Refugees and Asylum
• Other forms of relief
• US Citizenship
• U-VISA
• What happens if you don?t follow the rules?
• Prosecutorial Discretion
• The Future Of DACA
• What is the current status of DACA?
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Continued Progress in Diversity and Inclusion in the Legal Profession

Price: $19.99

Steven A. Nielsen objectively addresses progress made and new challenges faced by the legal profession in the areas of diversity and inclusion. This program includes a through review of multiple newly published articles and surveys, discernable trends, and valuable resources available. Topics include bullying as a form of gender discrimination, and ageism and mental health as other forms of perceived bias. He includes information on new programs that provide loan counseling and cross-cultural competency in ABA accredited law schools, the Diverse Lawyers Trial Academy which aims to further "first chair" opportunities for women, the Community Fund for Black Bar applicants and the AccessLex Center for Legal Education Excellence.

Mr. Nielsen reviews new data from the ABA on diversity and the need to promote minority associates. He notes a general cultural shift, such as in California where an ethnic studies course is required to graduate high school. He also discusses efforts by large law firms to now allow numerous hours per year of pre-approved Diversity and Inclusion work to count toward billable hours and bonuses and suggests a number of courses of action to improve discussion of diversity, equity and inclusion issues in law firms.

Credits:

Course Agenda:

• Diversity and Inclusion, and now Equity - Have we seen progress?
• Can C-suite diversity officers really make a difference?
• SEC Approves Nasdaq Listing Rules Regarding Board Diversity
• LinkedIn debuts Top Voices in Racial Equity
• Workplace Bullying
• Loan counseling and cross-cultural competency programing
• What does the past literature tell us?
• What does the current literature tell us?
• A Summary of the Current Trends
• Is Mental Health a Point of Diversity?
• Bias - A Proposed Big Picture View
• A Proposed Big Picture Approach
• Group Bias
• Discriminating
• How do we reduce bias?
• Bias in Action

Course Presenter(s):

• Steven A Nielsen

COVID-19 Legal Implications and Considerations for Businesses

Price: $19.99

When a crisis hits, getting a head start matters and those who have prepared will fare better than those who have not. This engaging presentation on protecting assets from plaintiffs, lenders, creditors and the government will cover lessons learned from the financial crisis of 2008 that we can apply to the current landscape, what businesses can do now to transition into the recession, and how companies and individuals can protect their assets from litigation and creditor threats. The instructor will share real-life stories and anecdotes, and will present a very practical approach to protecting assets. The discussion will also cover asset protection planning in a troubled economy, focusing on protecting assets from lenders and landlords and how to plan after a lawsuit, a default or an accident.

Credits:

Course Agenda:

• Overview of Asset Protection
• Fraudulent Transfers
• Business Entities
• Trusts in Asset Protection
• Protecting Specific Assets
• How to plan for a lawsuit

Course Presenter(s):

• Jacob Stein, Esq

Cryptocurrency - New Age Money or Scam

Price: $19.99

Cryptocurrency: There has been much talk about the use of cryptocurrencies, such as Bitcoin, as the hot new investment and a fast way of making money. But it's a very complicated process and has many pitfalls and challenges legally. This lecture will discuss the creation and use of cryptocurrencies, along with some of the challenges of trying to use and maintain cryptocurrencies as a financial tool and/or investment strategy.

Credits:

Course Agenda:

• What is crypto currency?
• Defining Bitcoin
• Advantages and Disadvantages of Cryptocurrency
• The Real Cost of Mining Bitcoin
• CASES
• Top 5 Crypto Currency Failures

Course Presenter(s):

• Russell Jackman, Esq.

Cyber Security Concerns and Solutions for the Law Office

Price: $19.99

The increases computer usage since the onset of the Pandemic plus new challenges created by new technologies has created significant threats towards attorneys and their clients. This program helps attorneys meet their ethical ABA model rule 1.1 requirements while getting vital information to help them safeguard their practice and their clients.

Credits:

Course Agenda:

Demystifying Computers for Attorneys

Price: $19.99

This basic lecture helps attorneys understand the components and roles of the different types of technology available or present in the law office, what to look for as far as stats and performance is concern

Credits:

Course Agenda:

• ABA Rule 1.1: Competence
• What IS a computer?
• What are computers made of?
• What are peripherals?
• Storage
• OPERATING SYSTEMS
• Printers & Scanners & OCR
• Internet Types + Security
• How to get the most out of your computer
• Online Meetings
• Document Formation
• Other Internet uses

Course Presenter(s):

• Russell Jackman, Esq.

Demystifying Cyber Security

Price: $19.99

This program helps attorneys understand the ethical issues which surround cyber security, including protection of client data and advice lawyers should provide businesses and other clients. Mr. Jackman provides real-world examples of the issues raised in the ABA Rules and Opinions, and offers helpful guidance on how lawyers can best understand cyber security, how they can best comply with their ethical obligation to protect client information and to act promptly to stop any breach and mitigate damage resulting from the breach.

As he digs into the subject of cyber security, Mr. Jackman offers an overview of the actors involved with cyber security threats, the scope of the problem and the types of threats prevalent, (hacking, phishing, ransomware), and the risks to capital, property, business continuity, costs of response, damage to brand name, reputation and customer confidence. He discusses the tensions between privacy and security, reviews recent cyber attacks and analyzes data breaches by types of attacks and the relevant federal regulations. Of interest is a sample security questionnaire which can be utilized to evaluate vulnerabilities and create a breach response action plan with suggested solutions for easy and affordable ways to materially help protect against cyber threats.

Credits:

Course Agenda:

• What is Cyber Security?
• How did we get here
• What are the types of current threats? How big is the risk really?
• Who are the targets?
• Where is this leading us?
• What can I do to protect myself and my business?

Course Presenter(s):

• Russell Jackman, Esq.

Digital Millennium Copyright Act

Price: $19.99

This lecture discusses the background and substance of the Digital Millennium Copyright Act, case law surrounding it and what the implications of the DMCA are currently, plus what it might mean for the future of the Internet and Intellectual Property.

Credits:

Course Agenda:

• What is the DMCA?
• DMCA CASES
• DMCA Penalties
• Is the DMCA Successful?
• Conclusions

  Course Presenter(s):

  • Russell Jackman, Esq.

Diversity and Inclusion in the Legal Profession

Price: $19.99

Attorney Steve Nielsen provides a candid assessment of where the legal profession stands in terms of diversity and inclusion, and reviews what ideas and programs have worked, and some which have not. He walks through and discusses key, topical articles and reviews the current statistical data on diversity and whether or not progress has been achieved. He suggests positive ways in which diversity and inclusion can properly and constructively be discussed in the law office and notes the important role of leadership in discussing diversity and inclusion in the office. Mr. Nielsen offers recommendations on how to effectively enhance inclusion efforts, such as mentoring and networking to help new attorneys, and includes some tips on what policies or strategies may be counter-productive He adds a list of the numerous categories of diversity which exist and which deserve attention to help create a better environment for legal professionals.

Credits:

Course Agenda:

• What does the current literature tell us?
• A Newer CLE Requirement
• Pressure for Law School Ranking Hurts Women
• Both Law and Medicine have Diversity Problems
• National Association of Women Lawyers (NAWL):
• The national Association for Law Placement (NALP) www.nalp.org
• A slow and discouraging trend..
• From 'Why You Should Insist on Diversity in Your Law Practice": BY SUZIE SCANLON RABINOWITZ, JANUARY 23, 2020
• New Reports Are Not Encouraging
• Is Mental Health a Point of Diversity?
• 'Belongingness'
• THE DO'S OF DISCUSSING DIVERSITY
• THE DON'TS OF DISCUSSING DIVERSITY
• Covering the Bases of D and I
• New York - Has a Diversity and Inclusion Office (D&I)
• A Broader Definition of Diversity
• Illinois
• Mentoring and Networking Seem to be an Answer
• Diversity and Inclusion
• Is our definition of 'reaching the top' to be reconsidered?
• Is running a solo or small firm considered success?
• Bias - A Proposed Big Picture View
• A Proposed Big Picture Approach
• What is Bias?
• Mechanical Bias
• Group Bias
• What is Discrimination?
• Discriminating
• Discriminating Tastes
• Do we learn hate?
• How did we evolve?
• Advantages of being in a group
• Group Study Data
• The Robber's Cave Experiment
• Is Group Theory Supported by Current Events?
• Groups or Traits to consider in the reduction of bias in the legal profession
• The protected classes are just a start
• Perhaps broad definitions of 'diversity' are helpful in defining the scope of our anti-bias efforts
• Still allowed to judge or discern, but judge with knowledge of the individual
• How do we reduce bias?
• How do we make everyone feel equal?
• The Judge and the Fishing Story
• The Skilled Mediator Example
• Bias in Action
• Can we learn to withhold judgment?
• Question Everything

Course Presenter(s):

• Steven A Nielsen

Economic Analysis in Employment Matters

Price: $19.99

Dr. Jouganatos discusses the appropriate benefits to include in loss calculations, the discount rate, wage growth rate, earnings basis, present value calculations, mitigation issues including inferior employment, and hearsay problems as well as adverse tax consequences of a lump-sum award or settlement. Methods of computing loss of benefits and pensions, are discussed, among other issues. He also discusses his approach when undertaking cases. Through this course, attorneys will have a greater understanding of the elements of economic analysis in employment matters.

Credits:

Course Agenda:

• Compensatory Damages
• Loss of earnings (all forms of compensation) past and future Benefits, including pension.
• No loss of Social Security possible
• The Calculations
• Historic Loss ('back pay')
• Present Value of Future Loss ('front pay')
• The Main Components
• Worklife
• Discount Rate
• Net discount rate
• Tax issue
• Wage growth rate
• Inflation rate
• Salary or compensation basis
• Other Issues
• Pension
• Health Benefits
• Social Security
• Unused vacation
• Mitigation of loss
• Taxes
• Punitive Damages
• Economic analysis only in assessing defendant's financial condition
• Credit Score Damage

Course Presenter(s):

• George Jouganatos

Employment Law Facts Every Virginia Attorney Should Know

Price: $19.99

Several new laws went into effect in 2020 that shifted Virginia from a from a pro-employer state to a decidedly pro-employee state. The new laws create a much greater risk of liability for employers. This course is designed to get attorneys up to date with this new regulatory landscape and discusses both civil and criminal liabilities that employers may face. Topics include independent contracting, liabilities for unpaid wages, discrimination liabilities, the pros and cons of arbitration, pregnant employee rights and numerous other important legal issues.

Credits:

Course Agenda:

• Its not the Old Dominion Anymore
• Independent Contractors Should be a Rarity
• Employees Can Sue for Unpaid Wages
• Companies may be liable for their sub?s unpaid wages
• Discrimination claims will be more common and more difficult to defend
• Arbitration agreements can protect a business
• Companies should implement best practices to reduce discrimination claims
• Minimum wage has gone and may go up more
• Employers must post/distribute pregnancy discrimination/accommodation notices
• Non competes are banned for some employees
• Project Labor Agreements
• Companies will defer payroll tax withholdings at their own risk
• Employers must provide FFCRA paid leave
• New whistleblower protections
• Employees can discuss wages
• Employers should not ask about simple possession of marijuana
• Layoffs, Furloughs and Terminations

Course Presenter(s):

• Anne G. Bibeau, Esq

Ethical Considerations During Mediation and Arbitration

Price: $19.99

In this course we will look at the ethical considerations that should be followed during the mediation and arbitration processes. First, we will review both mediation and arbitration at a high level and investigate what roles they play in the alternative dispute resolution process. We will then look at the ethical frameworks that have been developed by the American Bar Association for mediation and arbitration. We will finish the course by exploring real world scenarios of these principles in action by investigating specific cases where these issues arose.

Credits:

Course Agenda:

• Introduction
• Mediation Overview
• Arbitration Overview
• ABA Rules of Professional Responsibility
• ABA Model Standards of Conduct for Mediators
• ABA Arbitration Code of Ethics
• Case Law

Course Presenter(s):

• David Graulich, Esq.

Ethical Considerations for the In-house Counsel

Price: $19.99

In this course we will look at the ethical issues that are particularly relevant to an organization?s in-house counsel. After a brief overview of what makes the situation of an in-house counsel unique, we will explore specific ABA rules of professional responsibility and look at example cases that illuminate the issues in-house counsels may face. Areas covered are: Confidentiality of Information, Conflict of Interest: Current Clients, Current Clients: Specific Rules, Organization as Client and Unauthorized Practice of Law; Multijurisdictional Practice of Law.

Credits:

Course Agenda:

• ABA Rules of Professional Responsibility
• Confidentiality of Information
• Conflict of Interest: Current Clients
• Current Clients: Specific Rules
• Organization as Client
• Unauthorized Practice of Law; Multijurisdictional Practice of Law

Course Presenter(s):

• Joe Schofield

Ethical Considerations when Marketing and Advertising Legal Services

Price: $19.99

In this course we will look at the ethical considerations that should be followed when lawyers engage in marketing and advertising. First, we examine the history and context of marketing and advertising by attorneys. Next, we look at the ABA Model Rules of Professional Conduct and determine which rules are most relevant to attorney marketing and advertising. Lastly, we explore real world scenarios of these principles in action by investigating specific cases where these issues arose.

Credits:

Course Agenda:

• Overview of Marketing
• ABA Model Rules of Professional Conduct
• Communications Concerning a Lawyer?s Services
• Communications Concerning a Lawyer?s Services: Specific Rules
• Solicitation of Clients
• Case Law

Course Presenter(s):

• David Graulich, Esq.

Ethical Considerations when Screening and Selecting New Clients

Price: $19.99

One of the most important yet overlooked issues in practicing law are the ethical considerations when screening and selecting new clients. If you work in a large law firm with a dedicated research department or work for a small law firm, it is important to understand the rules and nuances of new client ethics. In this course we look at what the ethical framework is that underlies these principles. We first look at conflicts of interests. Next, we examine meritorious claims and contentions. We then look at the various issues involved into going into business with or investing in a client. We examine the related concepts of competence and capacity and then lastly review the importance of not overselling a case with a potential client.

Credits:

Course Agenda:

• Overview
• Ethical Framework
• Conflict of Interests
• Meritorious Claims & Contentions
• Going into Business With a Client
• Competence
• Capacity
• Do Not ?Oversell? a Case

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues - Pro Bono Representation

Price: $19.99

Pro bono legal representation is more critical now than ever with the issues that are with us in the challenges of the economy and Covid 19. This lecture discusses the ethical requirements of providing pro bono representation for under represented clients and why it makes such a big difference to the image and performance of the legal profession.

Credits:

Course Agenda:

• Pro Bono: Definition
• The need for Pro Bono
• CASES
• How to get involved
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Ethical Issues During the Discovery Process

Price: $19.99

In this course we will look at the ethics of the discovery process as it pertains to Interrogatories and Document Production. First we will review what the discovery process entails and how it fits into the overall litigation picture. We will next look at the relationship between the courts and the discovery process. Next, we will look at the ABA rules and Federal Rules of Civil Procedure which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that resolved around these discovery process rules. Lastly we will look at a taxonomy of discovery abusers and investigate some practical considerations for litigators.

Credits:

Course Agenda:

• What is the discovery process?
• The Courts and Discovery
• ABA Rules of Professional Responsibility
• Federal Rules of Civil Procedure
• Case Law
• Taxonomy of Discovery Abusers
• Practical Considerations

Course Presenter(s):

• David Graulich, Esq.

Ethical Issues for Trust, Estate & Probate Attorneys Under the California End of Life Option Act

Price: $19.99

The California End of Life Option Act ("EOLOA" or "the Act"), operative since June 9, 2016, impacts estate, trust, and probate practice in a variety of ways. This article explains the Act's eligibility and procedural criteria and shows how potential EOLOA fact patterns can implicate certain ethical rules of professional responsibility. Specifically, this article focuses on the interaction between the EOLOA and some of the updated Rules of Professional Conduct, effective since November 1, 2018.

Credits:

Course Agenda:

• California's End of Life Option Act (EOLOA)
• Summary of Eligibility Criteria

• Key Terms
• Qualified Individual
• Capacity to Make Medical Decisions
• Informed Decision
• Terminal Disease
• Self-Administer
• Summary of Process: Patient Perspective

• Requirements for Patient's Written Request
• Who Can be a Witness?
• Summary of Process: Physician Perspective
• EOLOA: Estate Planning
• Donative Transfers Presumed Invalid
• Care Custodian
• Health & Social Services
• Dependent Adult (Senior)
• Dependent Adult (Non-Senior)
• EOLOA & Care Custodian
• Care Custodian as Heir?
• EOLOA: Safe Harbor
• EOLOA: Criminal Conduct

• Ethical Issue #1: Diligence (as of November 10, 2018)
• Fact Pattern: Diligence
• Ethical Analysis
• Ethical Issue #2: Confidential Information of a Client (as of November 10, 2018)
• Fact Pattern: Permissive Disclosure of Client Information
• Ethical Analysis
• Ethical Issue #3: Conflict of Interest - Current Clients (as of November 10, 2018)
• Directly Adverse
• Significant Risk? Materially Limit
• Financial, Family, or Intimate Relationships
• Fact Pattern: Avoiding the Representation of Adverse Interests
• Ethical Analysis

Course Presenter(s):

• Ariana Perfecto

Ethical Issues When Taking or Defending Depositions

Price: $19.99

In this course we will look at the ethics of the taking and defending depositions. First, we will review what the deposition process entails and how it fits into the overall litigation picture. We will next look at common unethical behaviors during depositions and investigate the breadth of the problem. Next, we will look at the ABA rules which are the sources of rules regarding the discovery process. We will then look in detail at various cited cases that illustrate unethical behavior during depositions. Lastly, we will look some practical considerations for litigators in dealing with ethical abusers during depositions and also ways to look at our own behavior.

Credits:

Course Agenda:

• Depositions Overview
• Unethical Behavior During Depositions
• ABA Rules of Professional Conduct
• Case Law
• Practical Considerations

Course Presenter(s):

• David Graulich, Esq.

Ethics and the Court of Public Opinion

Price: $19.99

Calculated to increase awareness of significant issues impacting the integrity of the legal profession and public trust, the course examines high profile examples of wrongful behavior and traditional notions of moral character. From select sections of the Model Rules of Conduct and terms and concepts from the ethical tradition, it is an informed analysis of questionable decision making under difficult circumstances requiring practitioners to employ the highest standards of care, to preserve the rights and remedies of those they serve and promote the credibility of the justice system.

Credits:

Course Agenda:

Attorneys will benefit from the examination of the Model Rules of Conduct, increase awareness of issues and trends involving professional responsibility, and visit the harmful impact questionable behavior has on the public trust. To better deliver the constitutional imperative and improve their advocacy for the rights and remedies of those they serve, the result delivers a prescription for credibility of the judicial process and integrity of the justice system for practitioners in the United States. The overall value aspires to preserve civil rights, promote dignity of the profession, increase public trust, and improve quality of life.

Course Presenter(s):

• Greg Woods, J.D.

FOIA: Freedom of Information Act - 2021 Update

Price: $29.99

Presentation Goals: To help attorneys - in all fields of practice - learn how to more successfully navigate the FOIA process to better support their clients

Credits:

Course Agenda:

• The phases/steps of the FOIA process
• Background and Purpose of FOIA
• Practical tips to increase the success of a FOIA request
• Provide practical tips for the administrative appeal and judicial review phases
• Increase the likelihood of a reasonable attorneys? fees shift award

Course Presenter(s):

• Pete Sorenson

Foreign Financial Accounts

Price: $19.99

The government crackdown on foreign accounts over the past several years has created uncertainty about taxation and compliance. This program sheds some lights on the topic. It provides an overview of foreign financial accounts, private banking in Switzerland, investments, asset protection, client responsibilities, and FATCA, (the Foreign Account Tax Compliance Act). It presents a thorough discussion of tax reporting and compliance, penalties for non-disclosure, and options available for remedying non-compliance. In addition, the presenters discuss tax preparation for foreign transactions, distinguishing between U.S. and non-U.S. persons for tax purposes, Nexus, disclosure and more.

Credits:

Course Agenda:

• Why Switzerland?
• Swiss Vital Statistics
• What is a Private Bank?
• Diversification: Investments, Currency and Jurisdiction
• Portfolios
• Bank Compliance

• Reporting Requirements Related to Offshore Accounts and Assets
• Foreign Bank Account (FBAR) Reporting
• FBAR Filing Requirements
• Other International Reporting Requirements
• Criminal and Civil Penalties ? FBAR Violations
• Willful or Non-Willful Penalty?
• Maximum Amount of FBAR Willful Penalty
• Non-Willful Penalty
• Recent Developments in Offshore Tax Enforcement
• Undisclosed Foreign Accounts ? What to Do?
• Voluntary Disclosure Resolution Framework
• Streamlined Filing Compliance Procedures
• Delinquent FBAR Procedures and Delinquent International Information Return Submission Procedures
• Alternatives for Voluntary Disclosure
• Audit and Litigation

• US Persons Defined
• Reporting Primary Tax Filings
• Foreign Tax Credit Form 1118 & 1116
• Reporting Foreign Activity
• GILTI
• Disclosures

Course Presenter(s):

• Jacob Stein, Esq

Free Expression and Social Media

Price: $19.99

More than ever we are seeing current events that are drawing conflicts between the First Amendment and Social Media-- should Social Media be regulated? If so, should it be done by the company or by the government? And how much regulation is too much? These and many more questions will be investigated by this seminar.

Credits:

Course Agenda:

• The Core of Free Speech: The First Amendment
• What Is Social Media?
• The Social Media Phenomenon
• Social Media is more than just chatting
• COMMERCIAL SPEECH CAN BE REGULATED
• Is Social Media = The New Town Square?
• Facebook Censorship
• Twitter Censorship
• Trump vs Twitter
• Trump vs Twitter: Executive Order
• REAL LIFE FB CENSORSHIP
• Which way do we go from here?
• Questions to Ponder

Course Presenter(s):

• Russell Jackman, Esq.

Gambling as an Addiction - Not Worth the Gamble

Price: $19.99

Gambling has become more present and easier to do in recent years, with many new forms of gambling existing and new ones coming on the horizon. Attorneys or their friends or family who may fall victim to the addiction of gambling may be unsure of the signs or what to do to deal with the problem. This lecture talks about how attorneys can identify the professional threats to their practice that could come from a gambling addiction, the laws regarding online gambling and what resources there are available to attorneys to help alleviate the problem.

Credits:

Course Agenda:

• Gambling
• Gambling As An Addiction
• What Makes Online Gambling More Dangerous?
• Is the Site I am using legal?
• CASES
• Solutions?

Course Presenter(s):

• Russell Jackman, Esq.

Google LLC v. Oracle America Inc.

Price: $29.99

One of the most important copyright and fair use cases of our time has been Google LLC v. Oracle America, Inc. This case has worked its way through many levels of courts while examining two key concepts: Are Application Programming Interfaces copyrightable and if they are, is copying them fair use? This course looks at these two concepts in detail and provides arguments from Oracle's and Google's advocates on both key topics.

Credits:

Course Agenda:

• Background and Technical Context
• Two important issues
• Arguments that APIs are copyrightable
• Arguments that APIs are not copyrightable
• Fair Use Doctrine
• Arguments that Android using the API was fair use
• Arguments that Android using the API was not fair use

Course Presenter(s):

• Michael Carroll

How CRMS Can Help Your Legal Practice

Price: $19.99

This lecture discusses the role of Client Relationship Management Software) CRMS for the modern law office, strategies on how using the CRMS can be used to increase the efficiency and effectiveness of today's legal practice, which leads to a more streamlined and efficient law office. We talk about types of CRMS systems, how they work and how to integrate them into your practice.

Credits:

Course Agenda:

• ABA Rule 1.1 Competency
• What is a CRM?
• THE CRM PROCESS
• CRM strategies/advice
• CRM Features you should be aware of
• Other Factors
• Basic CRM: Outlook & Google Apps
• Disadvantages: Outlook & Google Apps
• Other Popular Systems
• ABACUS LAW
• AMICUS ATTORNEY
• NEEDLES
• CLIO
• MYCASE
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

How to Write an Effective Mediation Brief

Price: $19.99

In this course we will look at the effective strategies in writing a mediation brief. A mediation brief is an underappreciated tool in setting the right tone in a mediation that balances a forceful legal argument and a stance of conciliation. A mediation brief is also an important opportunity to educate the mediator that increased the change of both sides reaching an agreement.

Credits:

Course Agenda:

• Introduction
• Share or not to share
• Why share
• Avoid repurposed legal documents
• Summarize facts efficiently
• Cite case law appropriately
• Set the proper tone
• Look to persuade not to put off
• Imagining and addressing what the other side needs
• Don?t overlook mediation history
• What happens prior to mediation?
• Address obstacles to settlement
• Propose workable creative solutions

Course Presenter(s):

• Bruce Edwards

Implicit Bias and Bias Identification Strategies

Price: $19.99

Attorney Steven Nielsen focuses on bias-reduction strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases he addresses are "Heightism," and "Elitism." He discusses the impact these biases have on the legal profession and society writ large.

Credits:

Course Agenda:

• Initial Discussion ? Biases
• Definitions of Bias
• Why does humanity face this challenge?
• Advantages of being in a group
• The Robber?s Cave Experiment
• Types of Implicit or unconscious bias
• Explicit Bias
• Impact of Implicit, Explicit and Systemic Bias on the Legal System
• Actionable steps licensees can take to recognize and address their own implicit biases
• Height Discrimination ? Heightism
• Elitism Bias
• Ageism
• Distinguished Surname Bias or, simply, Name Bias
• Caste Bias
• Financial Bias
• The protected classes are just a start
• Can we learn to withhold judgment ?

Course Presenter(s):

• Steven A Nielsen

Implicit Bias and Bias-Reduction Strategies

Price: $19.99

Having presented MCLE programs in the areas of "Elimination of Bias in the Legal Profession" and "Diversity, Inclusion and Equity" for over a decade, attorney Steven A. Nielsen has witnessed the importance of these issue grow, along with the statistical data and measurement of progress. In this presentation, Mr. Neilsen focuses on "Implicit Bias," and the promotion of bias-reducing strategies to address how unintended biases regarding race, ethnicity, gender identity, sexual orientation, socioeconomic status, or other characteristics undermine confidence in the legal system. Among specific Implicit (or "Subconscious") Biases which he addresses are "Ageism," and "The Halo Effect." He discusses the impact these biases have on the legal profession and society writ large, on individual lawyers and their practices, and scenarios in which they can impact the courtroom and the law firm workplace.

Credits:

Course Agenda:

Course Presenter(s):

• Steven A Nielsen

Intellectual Property Law Basics

Price: $19.99

The field of Intellectual property is an ever-changing area of law. This lecture will talk about the basic concepts behind IP law including Patents, Trademarks and Copyrights, what they cover and what potential limits and conflicts can be in enforcing them.

Credits:

Course Agenda:

Intellectual Property Basics Patents Trademarks Copyrights

Course Presenter(s):

• Russell Jackman, Esq.

IT 4 the JD - Update

Price: $19.99

This program offers to the legal professional a treasure trove of Information Technology tips, tricks and advice on how to upgrade your law office, legal department or legal assistant practice and get the most out of your (limited) technology budget!

Credits:

Course Agenda:

• Is It Time to Upgrade?
• Windows 10: Does upgrading make sense?
• Windows 10 Upgrade Assistant
• What are the costs?
• What should I upgrade? What should I keep in place?
• Backups
• Cloud
• Cloud Services
• ANTIVIRUS/FIREWALLS
• Security Tips
• Examples of "Fake Antivirus" or "PC tool Ransomware"
• Case Management Systems
• TRENDS AND FADS

  Course Presenter(s):

  • Russell Jackman, Esq.

Lawyers & The Opioid Crisis

Price: $19.99

In this important lecture, Russell Jackman, Esq. talks about identifying the largest drug crisis of modern times: Opioid Addiction. He talks about identifying it, the problems involved, possible solutions and his own personal experience dealing with Opioids when he was injured significantly in 2016 and in 2020.

Credits:

Course Agenda:

• The Opioid Crisis: How Prevalent is it?
• What are Opioids?
• The most commonly used opioids
• Common Opioid Risks
• Opioid Side Effects
• 2016 ABA Survey
• Profession drives depression
• Driving Factors to use Opioids
• Help Available for Attorneys
• "The Other Bar" - otherbar.org
• Other Bar "self test"
• My Own Experience
• Opioid Treatment Alternatives

Course Presenter(s):

• Russell Jackman, Esq.

Mindfulness and Elimination of Bias for Attorneys

Price: $19.99

This course provides takes a look at the concept of Implicit bias and explores its implications in the law profession. It then looks at the practice of mindfulness and how it can be a useful tool to avoid the negative consequences of Implicit Bias. Mr. Smith shares his own experience as a lawyer and how mindfulness was usefulness in overcoming biases in his law practice.

Credits:

Course Agenda:

• Defining Implicit Bias
• Implicit Bias in the Law Profession
• Defining Mindfulness
• Brain States and Mindfulness
• Mindfulness Practice
• Example of Mindfulness working against Racism
• Practical Examples of Mindfulness Practice in the context of Law Practice

Course Presenter(s):

• Lawrence M. Smith

Music Copyright: the 2x6 Workshop

Price: $29.99

San Francisco Bay Area based Entertainment Law attorney Mark A. Pearson of ARC Law Group discusses the fundamentals of copyright in the music industry, focusing on the foundation of "two copyrights and six royalty streams." Mark breaks down how to protect written and recorded music and provides insights into how each is monetized. Topics include an overview of U.S. Copyright Law, protection of copyright rights, how to effectively work with producers/songwriters, performing rights societies, and licensing. He also discusses streaming royalties and changes under the Music Modernization Act. This program is designed to help attorneys who may already represent artists and other industry professionals, or who may have the opportunity to do so, understand the basics of music copyright and the implications of new content-delivery technologies.

Credits:

Course Agenda:

• Two Music Copyrights
• Six Revenue Streams
• Composition
• Sound Recording
• Copyright Duration
• Copyright Registration
• Music Copyright - 2x6
• Music Streaming

Course Presenter(s):

• Mark A. Pearson

Neurobiology, Mindfulness and Mental Health in the Practice of Law

Price: $19.99

Practicing attorneys tend to suffer from mental health symptoms and disorders at a higher rate than society at large. The pressures and dynamics of this profession can be and often are intense. In this course we look at mindfulness practice as a proven solution to deal with these challenges. We look at mental health and mindfulness through the lens of their underlying neurological correlates and explore how mindfulness is an evidenced-based solution. We close the course with practical considerations in applying mindfulness principles to law practice.

Credits:

Course Agenda:

• The Extent of Mental Health Issues in the Practice of Law
• How To define Mental Health
• The Core Neurological Basis of Depression and Anxiety
• Is there a Solution?
• How Mindfulness Works
• Bringing Mindfulness into the Practice of Law

Course Presenter(s):

• Berry Crawford

Neutral-Driven Dispute Resolution: NDR

Price: $19.99

In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel, and entrepreneur, you will learn when and how you can use an innovative approach to address limited stakes legal disputes in a way that is cost-effective for clients.

The approach, Neutral-Driven (Nonadversarial) Dispute Resolution (NDR) provides attorneys and their clients with an alternative to litigation, arbitration, or mediation for resolving cases in which potential legal and related costs threaten to consume the amount at stake.

Based on his 40+ year career as a successful litigator, businessperson, and now General Counsel, Rob uses thoughtful analysis and real world examples to demonstrate both ethical reasons to consider NDR and long-term practical value to incorporating this approach into your practice.

The program covers what NDR is, how it works, where it comes from, how it differs from arbitration and mediation, and where it fits and doesn?t fit. In the process, Rob gives hands-on demonstrations of assessment tools you can use to determine if NDR makes sense in a particular case. The program concludes with clear takeaways on when and how you can use Neutral-Driven Dispute Resolution for real and lasting wins with your clients.

Rob's entertaining style and innovative and ethical approach to addressing limited stakes disputes make this a must-take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• The growing gap these cases cause in American civil justice
• The Neutral-Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• Estimating the total costs of litigation for your case
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

NLRB Update

Price: $19.99

Labor law is currently in the news. High profile campaigns and issues involving many businesses we frequent are in the public eye. Because labor law has a broader scope and greater impact than many practitioners may realize, this program will address recent developments at the National Labor Relations Board on a variety of issues. The focus will be on several areas, including case rulings, expanding remedies for unlawful conduct, hot topic issues, as well as potential change to come through legislation, policy, and regulations. Even if you do not regularly practice before the National Labor Relations Board, this program provides insight on issues on NLRB's agenda which touch upon areas practitioners may have considered to be exclusively regulated by state or federal employment law.

Credits:

Course Agenda:

Areas of Development
• Case rulings
• Remedies
• Regulations
• Legislation

Cases
• American Steel (372 NLRB No. 23)
• ArrMaz Products (372 NLRB No. 12)
• Bexar Performing Arts Center (372 NLRB No. 28)
• Grill Concepts (372 NLRB No. 30)
• McLaren Macomb (372 NLRB No. 58)
• RAV Truck (372 NLRB No. 25)
• Sunbelt Rentals (372 NLRB No. 24)
• T-Mobile (371 NLRB No. 163)
• Tesla (371 NLRB No. 131)
• Thryv, Inc. (372 NLRB No. 22)
• Troutbrook Company (372 NLRB No. 26)
• Valley Hospital (371 NLRB No. 160)
• AFL-CIO v. NLRB
• NLRB v. Aakash

Pending Cases of Interest
• Stericycle - NLRB Case 4-CA-137660 on employee handbooks and workplace rules
• The Atlanta Opera - NLRB Case 10-RC-276292 on employee versus independent contractor status
• Amazon.com Services LLC - NLRB Case 29- CA-292392 on employer holding mandatory "captive audience" meetings
• Black Lives Matter cases
• Starbucks and injunction
• Amazon elections and charges
• And more

• Remedies
• Regulations
• Legislation
• Policy Efforts
• Landscape and Conclusion

Course Presenter(s):

• Thomas A. Lenz

NLRB-Labor Law Update

Price: $19.99

Changes in the composition of the National Labor Relations Board have led to changes in workplace law. The scope of employees? protected activity as well as employers? rights to set policy and to manage the workforce are in flux. More change is anticipated as the NLRB looks at setting new standards for union organizing, workplace access of union representatives, use of electronic communications, and the scope of protected employee dissent. In case rulings, guidance memos, and proposed regulations, this is a time of change labor and employment law practitioners need to follow.

Credits:

Course Agenda:

• The National Labor Relations Act vests employees with rights under Section 7 to engage in activities relating to unions, mutual aid and protection on wages, hours, and terms and conditions of employment, or to refrain from such activity.
• The NLRB has two principal functions pursuant to the NLRA:
• enforcing laws to ensure that workers may freely exercise their rights under Section 7 of the National Labor Relations Act (the Act) without any interference from employers or unions, and
• holding secret ballot elections at which workers can choose whether to have a union represent them.

Course Presenter(s):

• Thomas A. Lenz

Online Civility and Attorneys

Price: $19.99

This course talks about the growing need for civility training and awareness regarding maintaining civility, especially with today's modern online environment. Special attention is paid to the 2Civility program by Illinois and real life examples of civility experiences with an interview of a mediation attorney, Joann Babiak.

Credits:

Course Agenda:

• Lawyers Image
• Lack of Civility = National Problem
• How Prevalent is it?
• Illinois Example of Civility in Practice
• California Attorney Guidelines of Civility and Professionalism
• Civility in the Practice of Law
• Ways to Maintain Civility
• Advice from Joann Babiak, mediator
• SECTION 17 PRIVACY
• Why is online civility different?
• The Negative Results of Online Harassment
• Advice
• ATTORNEY?S PLEDGE

Course Presenter(s):

• Russell Jackman, Esq.

Outside Tech Coming into Your Law Office

Price: $19.99

As more employees bring their personal technology to work, (like smartphones, tablets, laptops, and even desktop PCs), businesses can take advantage of this trend and reap a number of benefits, such as shorter technology learning curves, greater productivity, lower hardware and software costs and more active and involved employees. However, there is a downside to the BYOT development, of which risks to computer systems and exposure of confidential client information are just two examples. It is imperative to manage these risks with an official BYO Tech Policy ? an important implementation which most businesses and law firms have not yet done

In this presentation by Russell Jackman, Esq. of Calmputer Consulting Services in Marin County, California, Mr. Jackman discusses employee/employer control of technology and the legal issues that come from Bringing Your Own Technology to work. He discusses the types of technology available to the modern law office to control the access to information and data and addresses strategies to create a solid plan to deal with BYOT challenges. Moreover, with the ethical duty to maintain confidentiality, it is vitally important that lawyers and law firms be aware of the risks of BYOT.

Credits:

Course Agenda:

• Why Bring Your Own Tech?
• What Are the Challenges?
• New Laws/Changing Requirements
• The Dichotomy of Saving Data vs Erasing it completely
• Where should you start?
• NO LOCALIZATION OF DATA
• Major Issues Facing Use of BYOT
• Implementing a BYOT program
• Bibliography

Course Presenter(s):

• Russell Jackman, Esq.

Paperless Office and E-Discovery Techniques

Price: $19.99

Attorneys need to find a way in today's high-tech environment to leave the mountains of paperwork behind them and free themselves with today's technology from being tied to paper all the time. This lecture will discuss the ethical and economic advantages of moving to an all-electronic format for most documents and how that can be accomplished.

Credits:

Course Agenda:

• Tips for reducing paper use in the law office
• Scanning Tips
• Email ? The World?s Communication Tool
• Benefits of Electronic Discovery
• Benefits of Electronic vs. Paper Review
• Electronic Discovery is Essential Because Corporate Data is ?Invisible?
• Legal Authority Supporting Modern Discovery Practices
• Preservation Only Required for Relevant Data
• FRCP 30(b)(6)
• Key Federal Discovery Rules
• Electronic Discovery Cases Consequences of Spoliation
• Electronic Storage Capacity
• Boxes of Bytes
• Traditional eDiscovery Model: Project vs. Process Based
• The New Frontier ? Electronic Data Discovery
• Paper Production What you see is what you get
• Electronic Discovery Getting more than what?s on paper
• Metadata in Email
• ?Live? Word Document with Tracking On
• Printed Spreadsheet
• The Electronic Discovery Process
• Electronic Discovery Defined
• Electronic Documents Include
• Modern Evidence Input Devices
• Data Preparation
• Data Collection and Preservation
• Approximate CO$T$ OF EDD AND SCANNING SERVICES
• The Need for Continuous Training and Consulting
• Checklist for hiring a trainer for your firm
• Further Resources

Course Presenter(s):

• Russell Jackman, Esq.

Patent Law Basics

Price: $19.99

This course is designed to provide information for all attorneys with a general interest in Patent Law as well as those with clients who may have an idea with patent implications which they might like to explore. Although many areas of Patent Law do not often change, with advances in technology, medicine and other areas, along with general updates in rules and regulations specific to Patent Law Practice, this program addresses developments in those areas. Patent Law is a dynamic practice area and Mr. Nielsen's program discusses basic issues and concepts in an easy to understand and enjoyable fashion

Credits:

Course Agenda:

Course Presenter(s):

• Steven A Nielsen

Policing from Where we Are Today

Price: $19.99

The objective of this presentation is to identify and discuss key legal and social issues in the context of today's volatile society, with an emphasis on limitations on the use of force and legal remedies in response to police misconduct. The presenter discusses how current events give rise to cases in numerous legal areas, from Civil Rights violations, Constitutional Law, including freedom of speech and lawful (and unlawful) protests, and liability for damages from both protests and police misconduct. Moreover, the presenter discusses topical issues of vital importance, such as the ?defund? movement, which runs along a spectrum, from those in Minneapolis who would disband and rebuild their police department (on the theory that the current department?s culture is too pervaded by racism and violence), to those in New York City or Los Angeles who advocate reallocation of spending and reform of police practices. Ultimately these issues end up in Court, where lawyers must be leaders and help society solve these complicated issues. This program aims to increase awareness of the critical legal issues involved.

Credits:

Course Agenda:

• Problem: No trust.
• How to restore trust?
• Follow the law.
• Transparency + Accountability = Trust
• Access to justice?
• Purpose of Justice system?
• Duty of law enforcement?
• Social Contract: Safety and security in exchange for compliance with the law.
• Follow the law, receive safety and security.
• Reduced safety and security increases desperation.
• Desperate people behave desperately.
• Constitutional Imperative:
• Equal Protection under the law.
• Substantive Due Process: Life, Liberty & Property.
• Procedural Due Process: Notice & Hearing.
• Institutional Legitimacy questioned?
• Social Contract breached?
• Worst case scenario: An existential threat?
• Analysis: Why no trust?
• An inherently flawed system?
• The law doesn't work.
• Police use of force?
• Officer involved shootings?
• Inclusion/Access to justice?
• Solution: Change the law.
• Legislative solutions.
• AB 392 Police Use of Force (CA)
• SB 1421 Police Officer Release of Records (CA)

Course Presenter(s):

• Greg Woods, J.D.

PowerPoint for the Courtroom and Beyond

Price: $19.99

Whether being used as a mediation/negotiation tool or for opening/closing statements in court, PowerPoint has many features and strategies that allow attorneys to create a better impression for their cases, when used in the correct fashion. This course not only talks about features that can be used to help attorneys win cases but also strategies that make these features more effective on a specifically legal-based audience such as a jury in court.

Credits:

Course Agenda:

• Why PowerPoint?
• How Does PowerPoint Work?
• Visuals
• Templates
• Techniques
• General PowerPoint Strategies
• Start Digital to Stay Digital
• Backgrounds/Watermarks
• Highlighting Documents
• TIMELINES
• Organizational Charts
• Google Maps/Street View
• Projector tips: 2500 lumens or better
• Export/Save as Video/Package for CD
• Work Collaboratively/Cloud?
• Rehearse, Rehearse & Rehearse (and have a backup plan!!!)

Course Presenter(s):

• Russell Jackman, Esq.

Progress in Diversity and Inclusion in the Legal Profession

Price: $19.99

The 2020 Model Diversity Survey Report, released by the ABA Commission on Racial and Ethnic Diversity in the Profession, is the first ABA report on diversity, equity and inclusion in law firm practice, according to an ABA press release. The survey is based on three years of data. In short, the Report states that while more minorities are getting hired as associates, law firm leadership is mostly white and male because of a diversity ?bottleneck? and higher rates of minority attrition.

In this program, attorney Steven A. Nielsen reflects upon what the Report means in terms of the lack of the progress it describes. The focus of this presentation, however, is to provide a long-range perspective on this important subject and to highlight progress which the profession has made. He offers information on new, innovative programs which have been developed to address the inequities outlined in the ABA report and in society at large, and concrete steps which can help Diversity and Inclusion issues to be successfully addressed in the law office environment. Mr. Neilsen's candid assessment of the data, coupled with a review of how new Diversity and Inclusion programs and educational awareness have helped the profession make progress, makes for an informative and stimulating presentation.

Credits:

Course Agenda:

• A Newer CLE Requirement Have we seen progress?
• Innovative Ideas in Diversity
• The Community Fund for Black Bar Applicants
• The AccessLex Center for Legal Education Excellence
• What Does The Past Literature Tell Us?
• The Past Literature: Pressure for Law School Ranking Hurts Women
• The Current Thinking
• In Past Studies: Both Law and Medicine have Diversity Problems
• What Does the Current Literature Tell Us?
• A Summary of the Current Trends
• Coca-Cola and Cisco
• A Big Picture View
• Is Mental Health a Point of Diversity?
• ?Belongingness?
• The Do?s of Discussing Diversity
• The Don?ts of Discussing Diversity
• Covering the Bases of D and I
• New York - Has a Diversity and Inclusion Office (D&I)
• A Broader Definition of Diversity
• Illinois
• Mentoring and Networking Seem to be an Answer
• Diversity and Inclusion
• Is Our Definition of ?Reaching the Top? to be Reconsidered?
• Is Running a Solo or Small Firm Considered Success?
• Bias - A Proposed Big Picture View
• What is Bias?
• Mechanical Bias
• Group Bias
• Discriminating
• Do We Learn Hate?
• How Did We Evolve?
• Advantages of Being in a Group
• Group Study Data
• The Robber?s Cave Experiment
• Is Group Theory Supported by Current Events?
• Groups or Traits to Consider in the reduction of Bias in the Legal Profession
• The Protected Classes are Just a Start
• Perhaps Broad Definitions of ?Diversity? are Helpful in Defining the Scope of Our Anti-Bias Efforts
• Still Allowed to Judge or Discern, but Judge with Knowledge of the Individual
• How do we Reduce Bias?
• How do we Make Everyone Feel Equal?
• The Judge and the Fishing Story
• The Skilled Mediator Example
• Bias in Action
• Can we Learn to Withhold Judgment?
• Question Everything

Course Presenter(s):

• Steven A Nielsen

Reinvigorating the Lawsuit

Price: $19.99

Thomas Moukawsher, an experienced federal litigator and retired Connecticut complex litigation judge, shares lessons from his 40 years of trying cases in courts across the country. The lessons are based on Judge Moukawsher's 2023 book, The Common Flaw, Needless Complexity in the Courts and 50 Ways to Reduce It. The course confronts litigation flaws with practical solutions, beginning with the filing of the complaint and running through appeals court strategies and briefing.

Credits:

Course Agenda:

• The best complaints are comprehensible rather than needlessly comprehensive.
• Why summary judgment is the best pre-trial motion.
• Prepare to present your case, not needless motions in limine.
• Use trial admissions to focus the trial on the dispute, not the undisputed.
• Eliminate needless exhibits. They smother the important ones.
• Don't waste money on needless expert testimony.
• Propose a time clock.
• Make a point, not a muddle with prior testimony.
• Cross examine crisply, crushingly or not at all.
• Humanize overstuffed, bewildering jury charges and interrogatories.
• Substitute longer closing arguments for post-trial briefs.
• Make your brief writing literary, not technical.
• Choose appellate issues on quality rather than quantity.
• Rethink the billable hour.

Course Presenter(s):

• Thomas G. Moukawsher

Security and Confidentiality for Providing Legal Services Remotely

Price: $19.99

For lawyers, securing client information is of paramount importance and there can be severe risks that come from not doing so. However, most law firms are not adequately prepared in terms of cybersecurity because they do not invest in the tools necessary to prevent the inadvertent disclosure of, or unauthorized access to, client data. Failure to do so can be devastating for any law firm and the shift to working remotely due to COVID-19 has exacerbated the probability of these problems occurring. This program aims to elucidate the importance of cybersecurity for attorneys who are providing legal services from home and how to protect that legal data from potential cyberattacks.

Credits:

Course Agenda:

• Why Cybersecurity?
• Lawyer's Reasons for Cybersecurity
• Model Rules of Professional Conduct
• ABA Formal Opinion 477
• Lawyers? Legal Obligations
• Client Business Areas
• Top Security Risks for Law Firms
• Internal vs. External Risk
• Cybersecurity Preparedness in Law Firms
• How to Eliminate High Cyber Risk Vector
• Cybersecurity Safeguards
• Cybersecurity Habits
• Vendor Review - ABA Formal Opinion 08-451
• Secure Data
• Use Passwords Intelligently
• Make it Hard to Unlock with 2FA
• Use Secure Communication Channels
• Backups
• How to Recover from a Cyber Incident
• ABA Formal Opinion 483
• Cybersecurity Insurance
• Virtual-lawyering Risks
• CLSMF Experience
• Initial Considerations for Success
• What Helps
• Control #1: Inventory & Control Hardware Assets
• Control #2: Inventory & Control Software Assets
• Top Threats in 2020
• Top Mitigations to Implement in 2020

Course Presenter(s):

• Joshua Lenon

Sexual Harassment, Attorneys and Social Media

Price: $19.99

Recent events show that the issue of sexual harassment in all areas, specifically the legal field, needs to be addressed. This discussion addresses the costs of sexual harassment, how the growth of social media can create harmful sexual harassment situations and how attorneys can utilize social media to help fight it.

Credits:

Course Agenda:

• Sexual Harassment: The Numbers
• The Costs of Harassment
• ABA Rule 8.4 (g)
• Social Media makes it easier to harass
• Yik Yak: A Social Media Harassment Case Study
• What can be done?
• Can Social Media Help?

Course Presenter(s):

• Russell Jackman, Esq.

Sophisticated Planning for High Net Worth Individuals

Price: $19.99

Transactions and Asset Protection, discusses trends and developments in a number of important areas. He reviews in detail how the drafting of irrevocable trusts has changed over the last 10 years and how to best structure these instruments to allow for greater flexibility through the use of a "trust protector." He discusses how irrevocable trusts can be used to protect assets, to provide privacy for assets, to enhance tax planning and their use in offshore planning. He describes the use of LLCs and which states may be the most advantageous for LLC/trust formation. He discusses specific trust provisions, asset protection with both domestic and foreign trusts, and which types of trusts may be most useful for assets which may be expected to appreciate in value, like start-ups. Additional topics include international tax planning, structuring foreign investment in the U.S., pre-immigration tax planning, and which offshore jurisdictions may be favored.

Credits:

Course Agenda:

• Structuring Irrevocable Trusts
• Asset Protection
• Asset Protection with Trusts
• Asset Protection with Domestic Trusts
• Asset Protection with Foreign Trusts
• Foreign Trusts - Tax Treatment and Reporting
• Defective Grantor Trusts
• SCINs
• GRATs
• Income Tax Planning with DINGs
• Monetized Installment Sale
• Foreign Investment - FDAP and Capital Gains
• Foreign Investment - Effectively Connected Income
• Foreign Investment - Branch Profits Tax
• Foreign Investment: FIRPTA
• Foreign Investment: FIRPTA
• Pre-Immigration Tax Planning

Course Presenter(s):

• Jacob Stein, Esq

Structuring Foreign Investments

Price: $19.99

Structuring foreign investment in the U.S. is a hot topic. With lots of money pouring into the U.S. from the BRIC countries a lot of practitioners find themselves representing foreign clients. Representing such clients requires an understanding of U.S. taxation of foreigners and choice of entity. The discussion of U.S. taxation of foreign investment in the U.S. will provide an overview of effectively connected income, FDAP withholding, FIRPTA withholding, treaty application, branch profits tax and residence tests. Particular attention will be devoted to appropriate entity structures, including onshore-offshore hybrid structures.

Credits:

Course Agenda:

• Structuring U.S. Inbound Investments
• Inbound Taxation Investment Structures for Foreign Investors
• Direct investment
• LLC or LP
• Domestic corporation
• Foreign corporation
• Foreign corporation - domestic corporation (or U.S. LLC taxed as a corporation
• Income Taxation of Inbound Investments
• Residence for income tax purposes
• Nonresident alien vs U.S. tax resident
• U.S. tax residence is determined based on physical presence in the U.S. or immigration status as a green-card holder
• Individuals who are U.S. tax residents are taxed on their worldwide income
• NRAs and foreign corporations taxed on investment income from U.S. sources and income from a U.S. trade or business
• Domestic corporations are taxed on a new quasi-territorial tax system
• Inbound Taxation NRA Tax Rules
• Withholding tax on passive income (FDAP)
• Ordinary taxation of business income (ECI)
• Capital gains, bank interest, portfolio interest
• Foreign Investment in Real Property Tax Act of 1980 (FIRPTA)
• Branch profits tax

Course Presenter(s):

• Jacob Stein, Esq

Succession Planning and the Practice of Law

Price: $19.99

What are a lawyer?s ethical obligations to engage in succession planning? NOTE: While this program primarily uses California Rules and developments to illustrate the issues involved in this important area, the guidance and ethical examples provided are relevant to attorneys in every state, and comparable Opinions and Statutes are found in nearly every jurisdiction.

This discussion-format talk with Russell Jackman, Esq. and Don McCrae, Owner of Your Business Legacy, a specialist in helping attorneys close their practices, addresses the issues that are commonly dealt with by attorneys who may be considering closing their practices, retiring, or changing ownership to someone else. Don and Russ discuss strategies and ideas to deal with the challenges of closing up or migrating ownership of a law practice while still adhering to State Ethical Requirements.

Credits:

Course Agenda:

• What is succession planning?
• Why succession plan?
• Ethical and Moral Responsibilities to Succession Plan
• What are the Risks of NOT Succession Planning?
• Who should succession plan?
• When should I start succession planning?
• Succession planning goals
• The succession planning process
• How do I know my successor will succeed when I?m gone?

Course Presenter(s):

• Russell Jackman, Esq.
• Don McCrea, PhD

Taking Depositions in the New Virtual Era

Price: $19.99

The Coronavirus epidemic has been wildly disruptive to many aspects of our lives and professions and conduction depositions is no exception. Virtual depositions are now standard and routine and are likely to remain ubiquitous even once the epidemic has abated. In this course we look at depositions generally from an overview perspective and then examine both the advantages and disadvantages of virtual definitions. Some important case law examples are explored and then we conclude with some practical considerations when conducting virtual depositions.

Credits:

Course Agenda:

• High Level Overview
• Case Law
• Virtual Deposition Mechanics
• Advantages of Virtual Depositions
• Disadvantages of Virtual Depositions
• Practical Considerations of Virtual Depositions

Course Presenter(s):

• David Graulich, Esq.

Technology and Bias - Spreading it and Stopping it

Price: $19.99

This lecture deals with how technology both spreads and helps eliminate conscious and unconscious bias in the legal profession, and what can be done to continue to use technology to identify and eliminate patterns of bias while being aware of how the wrong use of technology can unfortunately help spread it.

Credits:

Course Agenda:

• Conscious vs Unconscious Bias
• UCSF Study
• AI & Its role in determining bias
• Using technology to fight bias
• Bias for not using technology
• Technology & Age Bias
• Sexual Bias
• Economic Bias
• Cultural Bias
• Solutions?

Course Presenter(s):

• Russell Jackman, Esq.

The CA Privacy Act: What You Need to Know

Price: $19.99

The California Privacy act was put in place in 2018 but is being enforced now in 2020. Learn about how this law changes your practice and what you can do to prepare your law office and clients to deal with this (and soon to be in many other States) Privacy act, in both a technological & contractual way to avoid pitfalls and clarify with clients how their data will be protected.

Credits:

Course Agenda:

• How did we get here?
• Greater threats than ever before
• Rule 1.6 Confidential Information of a Client
• (a) A lawyer shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) unless the client gives informed consent?
• Rule 1.4 Communication with Clients
• What is the CA Privacy Act
• Who is covered?
• What data is covered?
• What is a Data Broker?
• How do I comply?
• Tech Solutions
• Contractual Solutions
• Why get a specialist?

Course Presenter(s):

• Russell Jackman, Esq.

Through the Smoke: Legal Trends and Gun Violence

Price: $19.99

We are experiencing an epidemic of gun violence in this country.

The parents of a student killed in the 2018 massacre at Marjory Stone-man Douglas High School, in Parkland, Florida, the deadliest high school shooting in United States history, set up and tricked a former president of the National Rifle Association into giving a high school graduation speech defending gun rights in front of 3,044 empty chairs, one chair for each student who couldn?t graduate because they were killed by gun violence.

A political stunt? Perhaps, yet it effectively illustrates the severity of the problem. It further invites us to examine the legislative solutions we ap-ply to those societal problems that impact us most. We are living through a stress test exposing flaws inherent to our system of justice. (We look to the law to fix the flaws!)

With our time together today, we will examine contemporary legal trends in regard to the 1) problem related to Gun Violence, and 2) Legislative solutions in response to those problems, 3) Impacting the rights and remedies of so many, 4) Conclude: Take Away Observations) re: Impact on Practitioners.

Credits:

Course Agenda:

• Legal trends regarding gun violence
• The history of gun violence in the U.S.
• The trajectory of gun legislation
• Factors contributing to gun violence such as mental health, domes-tic violence, etc.

Course Presenter(s):

• Greg Woods, J.D.

Time to Say Goodbye: Ethical Considerations When Ending Client Relationship

Price: $19.99

An important yet overlooked issues in practicing law are the ethical considerations when ending formal relationships with clients. If you work in a large law firm such matters would hopefully be routine but small firms and private practice attorneys frequently make mistakes in this area. In this course we look at what the ethical framework is that underlies these principles. We then examine in detail the two types of withdrawals: optional and mandatory. Both case law and personal examples are explored to make these concepts concreate. We end the course by looking at different situations where formally ending a relationship is necessary and then explore some best practices.

Credits:

Course Agenda:

• Overview
• Types of Termination
• Ethical Framework
• Mandatory Withdrawal
• Optional Withdrawal
• Case Cites/Examples
• Personal Examples
• Best Practices
• Other Situations

Course Presenter(s):

• David Graulich, Esq.

Unauthorized Practice of Law

Price: $19.99

The unauthorized practice of law, (UPL), is "engaging in the practice of law by persons or entities not authorized to practice law" and the State needs to control who holds themselves out as an attorney to give value to the licensing and ethics control entities such as the Bar Associations and Court systems. Tensions arise when consumers need certain services which they may believe are too costly if performed by a bona fide lawyer or firm. This course outlines those tensions, the balancing factors which certain states have used to address these issues and takes a close look at several situations in which the non-lawyer entities may pose a risk to the public, and where lawsuits have been necessary to limit or curtail these non-lawyer entities.

Credits:

Course Agenda:

• What is UPL?
• The Wills Crisis and UPL
• LegalZoom & UPI
• Cases
• The Florida Bar v. Moses, 380 So. 2d 412 (Fla. 1980)
• Peters Production, Inc. v. Desnick Broadcasting Company
• Ginger v. Cohn (Cite 426 F.2d 1385)
• Bay County Bar Association v. Finance System, Inc.
• State v. Despain, 319 S.C. 317, 460 S.E.2d 576 (1995),
• Franklin v. Chavis, 371 S.C. 527, 640 S.E.2d 873 (2007)
• Kone v. Wilson,630 S.E.2d 744, 272 Virginia 59 (2006)
• House Counsel
• Punishments for Violations: Examples
• Conclusions

Course Presenter(s):

• Russell Jackman, Esq.

Update on NLRB Cases, Guidance and Rulemaking

Price: $19.99

Credits:

Course Agenda:

Course Presenter(s):

• Thomas A. Lenz

Use NDR and Compare Alternatives to Earn Your Clients Informed Consent

Price: $19.99

In this engaging session, led by Rob Christopher, AV Preeminent rated litigation attorney, General Counsel and entrepreneur you will learn when and how you can use an innovative approach to address limited stakes cases.

The approach, Neutral Driven (Non-adversarial) Dispute Resolution provides attorneys with an alternative to litigation, arbitration or mediation for cases in which the amount at stake is less than the potential legal costs (attorney and court fees, time and stress) to resolve it.

Based on his 35+ year career as a successful litigator, Rob uses real world examples to demonstrate the ethical reasons to consider NDR as well as the long-term value of incorporating this approach into your practice.

The program includes background on NDR and how it differs from arbitration and media. Rob then describes NDR and give a hands-on demonstration an assessment you can use to determine value of using NDR for a particular case. It concludes with clear guidelines on when and how you can use Neutral Driven Dispute Resolution for long term wins with your clients.

Rob?s entertaining style, innovative and ethical approach to addressing limited stakes (often called "dog cases") make this a must take session for all client-centric attorneys.

Credits:

Course Agenda:

• Why an innovative approach is needed for limited stakes cases
• Growing gap in American Legal System - total cost of litigation
• Assessing the total cost of litigation for your case
• The Neutral Driven Dispute Resolution Process
• How NDR delivers value to client and attorney
• When and how to access NDR to win with your clients
• Common Questions
• Action Plan and Closing

Course Presenter(s):

• Rob Christopher

Water Law: Water Rights, Droughts, and a Flood of Legal Issues

Price: $19.99

This program covers an array of legal, regulatory and policy topics involving California water supplies and related environmental issues, all of which implicate federal, state and local laws and regulations. California often serves as a model utilized by other states for some of these matters, making this discussion helpful for understanding what occurs throughout California and beyond. The program identifies different types of water rights, regulatory overlays from all levels of government and distinctions between surface and groundwater rights and rules. Also discussed is navigating through drought and climate change conditions when water demands may be high but supplies low. The presenter offers ideas looking ahead to avoid or resolve water resource disputes.

Credits:

Course Agenda:

Course Presenter(s):

• Wes Miliband

Water Law: Water Rights, Droughts, and a Flood of Legal Issues Part II

Price: $19.99

After recent years in which records have been set for both rain and lack of precipitation, Environmental and Water Law expert Wes Miliband discusses issues which arise when both drought and climate change create conditions over which populations have little control. To help attorneys proactively recognize and address these issues so as to prevent both legal disputes and damage to people and property in the future, Mr. Miliband raises awareness of how, and where, such disputes may arise. He addresses the basic system of water rights, tribal, military and Federal rights, key cases, how local, state and federal water agencies work and long term creative solutions for an uncertain future, such as ocean winds, desalination and other sustainable techniques.

Credits:

Course Agenda:

• Overview and Refresh from Part 1 (October 2021)
• Describe the key drivers behind California?s water system;
• Identify federal, state, and local agencies and their respective roles and responsibilities; and
• Provide an overview of the State?s water rights and water conveyance systems.
• Environmental laws affecting water supply allocation. Recent droughts, storm cycles and other current events impacting water supplies in California

Course Presenter(s):

• Wes Miliband

Weed on the Jobsite: Understanding Virginias Marijuana Legalization

Price: $19.99

This course examines that tapestry of Virginia and Federal laws regarding marijuana and the implications of its use of the jobsite. Thus course first looks at the history of Virginia's drug laws culminating in the decriminalization of small amounts of marijuana. It then looks are Federal laws and how they interact with local Virgina laws. Next, we explore regulations from various federal agencies such as MSHA, OSH and DOT. We then investigate important precedents in case law on this topic. Lastly, we look at best practices that employers should follow.

Credits:

Course Agenda:

• Virginia's Marijuana Laws
• Federal Law
• MSHA
• OSHA
• DOT
• Case Cites
• Employment Considerations

Course Presenter(s):

• Anne G. Bibeau, Esq

Whistle-Blower Claims: Avoiding the Courthouse

Price: $19.99

During this presentation, Fisher Phillips Partner, Jason Geller will discuss, what constitutes retaliation, protecting and defending your company against such claims, whistle-blower protection vs. retaliation claims and creating policies and procedures to minimize problems, claims and lawsuits.

Credits:

Course Agenda:

• The rise in whistleblowing and retaliation lawsuits
• Important laws protecting employees against retaliation for whistleblowing
• Enforcement by governmental agencies
• What is ?protected activity? and how to spot it
• Effective responses to whistleblowing and ?protected activity?
• Why So Much Whistleblowing?
• Publicity: Federal and State whistleblowing claims are in the press
• Creates liability where none existed!
• The Legal Landscape: What We Need to Know - ?Protected Activity?
• Wrongful Discharge in Violation of ?Public Policy?
• Federal False Claims Act
• National Labor Relations Act
• State laws protecting whistleblowers
• The ?adverse actions? that can cause problems:
• The Legal Landscape: What We Need to Know ? ?Adverse Action?
• Look Out! Government Agencies Are Involved
• EEOC, OSHA, NLRB, SEC State agencies
• SEC Whistleblowing Program
• SEC/NLRB enforcement:
• Defend Trade Secrets Act
• Social media policies
• Recent wage/hour complaint?
• The Best Response: Solid Policies and Practices
• Employer complaint procedures
• The Best Response: Solid Policies and Practices
• Employer?s investigation protocol
• Employer?s response to protected activity
• Conduct objective and thorough investigation required by the circumstances
• Carefully evaluate risks of subsequent discipline to employee
• The Best Response: Spot Retaliation ?Red-Flags? And Shut Them Down!
• Stricter supervision
• New performance issues
• Higher standards or expectations
• Supervisor complaints to others
• Coworkers shun, tease, threaten
• Knock, Knock: The Government Is at Your Door on A Whistleblowing Complaint
• Gatekeeping when the auditor arrives
• Final Questions

Course Presenter(s):

• Jason A. Geller