North Dakota CLE Course Catalog

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

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.

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

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 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 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.

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

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.

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

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

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.

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

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