Montana CLE Course Catalog

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.

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.

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

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 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

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

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

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

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.

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

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