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New Jersey CLE and MCLE Courses

Our online continuing legal education courses are for New Jersey attorneys who want to make the most of their time and money. For as little as $19.99 per course, easily earn New Jersey CLE credit online through courses which have been produced in a variety of legal subjects that matter to you.

Try a Free course before you make your purchase with our Free CLE program. To easily fulfill all of your allowable online CLE hours, see our New Jersey Bundles page under State CLE Bundles.

MCLEZ is an Accredited CLE Provider for New Jersey as approved by the Supreme Court of New Jersey Board on Continuing Legal Education For more information, search for MCLEZ on the New Jersey Board Website and view our accredited provider status, or call 609-633-9733.

New Jersey CLE Course Catalog

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Appellate Jurisdiction

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Appellate Jurisdiction Details


Price:
$19.99

Course Description

When a lower court makes a judgment on a case, an attorney must decide whether that judgment is ripe for an immediate appeal. In this course, Mr. Pollis discusses the balancing tests inherent in appellate jurisdiction. When is the need for appellate review more Important than the Interruption of trial-court proceedings? When is the need for appellate review worth the cost to the judicial system of providing it?

In the federal court system, the general rule is that orders entered during the course of a pending case are not appealable until the entire case has been resolved. This principle is commonly known as the "final judgment rule.? Mr. Pollis will discuss the benefits and exceptions of the ?final judgment rule.? Mr. Pollis will also examine how state appellate jurisdiction; especially in Ohio, differ against their Federal counterparts. The course will also examine the intricacies of separating claims in the appeals process and how appellate jurisdiction differs in civil and criminal courts.

Course Agenda

The Balancing Tests Inherent in Appellate Jurisdiction

  • When is it important?
  • Is it worth the cost?
  • Appellate Jurisdiction in Federal Court

  • Overview of Federal Appellate Jurisdiction issues
  • The Final Judgment Rule
  • Benefits of the Final Judgment Rule
  • Exceptions to the Final Judgment Rule
  • State Appellate Jurisdiction

  • Ohio State Appellate Jurisdiction
  • Ohio State Constitution
  • What is a Final Order?
  • R.C. 2505.02
  • Civ.R. 54 (B)
  • "Final Order" vs. "Final Appealable Order"?
  • What is a claim?
  • Applying Rule 54(B): Two-Part Test
  • Final Order in a criminal case
  • Improper appeal
  • Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 0.9 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.14 Credits
    FL - General: 1.0 Credits
    MO - Self Study: 1.1 Credits
    ND - Self Study: 1.0 Credits
    NJ - General: 1.1 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 0.95 Credits
    VA - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.1 Credits

    Course Presenter(s)

    Andrew Pollis

    Andrew Pollis is certified by the Ohio State Bar Association as an appellate-law specialist. Andrew Pollis joined the faculty of Case Western Reserve University in 2008 as a Visiting Assistant Professor and was appointed as an Assistant Professor effective July 2011.

    Before coming to Case, Andrew Pollis practiced law for 18 years in the litigation department of the Cleveland-based law firm of Hahn Loeser & Parks LLP. In private practice he focused extensively on appellate and general-commercial litigation. He has argued in numerous state and federal appellate courts across the country and has had two cases in the United States Supreme Court. He also has extensive trial experience, amassing verdicts totaling over $560 million since 2003, as well as experience in class-action litigation on the defense side.

      Course Price:
    $19.99
     
     

    Bankruptcy Avoidance Powers

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    Bankruptcy Avoidance Powers Details


    Price:
    $19.99

    Course Description

    This course will discuss the Bankruptcy Trustee's avoidance powers. Avoidance powers are the rights given to the bankruptcy trustee or the debtor in possession to recover certain transfers of property such as preferences or fraudulent transfers or to void liens created before the commencement of a bankruptcy case. The laws governing these avoidance powers are complex and are codified in chapter 5 of the Bankruptcy Code

    .

    Attorney Doug Cortés will first provide an overview of the Bankruptcy code. He will then discuss how Trustee's avoidance powers come into play. The course will explain what constitutes valid preferential transfers and what are considered fraudulent transfers. Mr. Cortés will explain in detail the key statutory defense against these avoidance powers. These defenses include a contemporaneous exchange for new value, determining intent, determining if the payments were made according to the ordinary business affairs of the parties, and establishing new value factors.

    Course Agenda

    Presenter Overview

    What Do Creditors Want From A Debtor In Default?

    Purposes Of Bankruptcy Rush To The Courthouse

    The Bankruptcy Code - 11 U.S.C.

    Bankruptcy Rules

    Adversary Proceedings

    Rules Governing Avoidance Actions

    Avoidance Powers

    Types Of Transactions That May Be Avoided

    Preferential Transfers

    Purposes Of Preference

    Avoidance Powers Under §547

    Elements Of Preference Avoidance

    Burdens Of Proof

    What Is A Transfer?

    Time Of Transfer Antecedent Debt

    Presumption Of Insolvency

    Key Statutory Defenses
    • Contemporaneous Exchange For New Value
    • Proving The Defense
    • Determining Intent
    • New Value
    • Definition Of New Value
    • Ordinary Course Of Business
    Important Fraudulent Transfer Terms And Concepts

    Badges Of Fraud List Of Badges Of Fraud
    • Insolvency Not Required For Actual Intent
    • Constructive Fraud
    • State Law And Ufta Under Section 544
    • Other Possible Longer Reach Back Period
    • Some Statutory Defenses To Fraudulent Transfers

      • Section 548(C): Value And Good Faith Value Good Faith
      • Section 550(B)
      • Section 550(B) Provides Complete Defense
      • Defenses To Claims Brought Pursuant To Section 544
      • Another Possibility: Fiduciary Duty Claims
    The Reference
    • Withdrawal Of The Reference
    • Stern V. Marshal
    • Important Statutes & Opinions Related To ?The Reference?

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.22 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    ME - Self Study: 1.0 Credits
    MO - Self Study: 1.2 Credits
    MT - Self Study: 1.0 Credits
    NC - General: 1.0 Credits
    NH - General: 1.0 Credits
    NJ - General: 1.2 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    OK - Distance Learning: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    SC - General: 1.0 Credits
    TN - General: 1.02 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.22 Credits

    Course Presenter(s)

    Doug Cortés

    Mr. Doug Cortés received his J.D. from Southern Methodist University (2003) and B.S. from the University of the State of New York (1994). He was an extern and law clerk to the Hon. D. Michael Lynn, U.S. Bankruptcy Judge, N.D.Tex. (2002-04). Doug is a member of the American Bar Association, the American Bankruptcy Institute, and is admitted to practice in the State of Texas and the U.S. Northern and Eastern Districts of Texas. He currently manages his own firm and has served as bankruptcy counsel to Trustees, debtors, secured and unsecured creditors, and creditors? committee. He has also served as a bankruptcy examiner and mediator.

      Course Price:
    $19.99
     
     

    Best Practices for Clear Contract Drafting

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    Best Practices for Clear Contract Drafting Details


    Price:
    $19.99

    Course Description

    Contracts are essential elements for building business relationships. For business to get done, parties to a transaction need to agree on certain essential terms that govern their business relationship. Contracts are the way parties to an agreement define those terms and make promises enforceable under the law. When the stakes are high there can be a tendency to get too technical and too verbose. This can often introduce more mistakes rather than prevent them. Ambiguity in contracts will often lead to conflict and ultimately litigation.

    This course discusses how to avoid ambiguity by following best practices for clear contract drafting. Ms. Carolyn Seymour discusses how to achieve brevity and clarity in order to make the contract as end-user friendly as possible and remove uncertainty in the document. Ms. Seymour will address best practices to avoid legalese, how to recognize and correct linguistic ambiguity and provide proper techniques to draft dates and numbers in contracts. The course will also examine the pitfalls of passive voice in contract drafting and how to achieve simplicity in drafting through good organization, eliminating wordiness, and the use of lists.

    Course Agenda

    Primary Goals of Drafting Contracts

  • Brevity
  • Clarity
  • Making the document user-friendly
  • Brevity in Drafting

  • Eliminating wordiness
  • Compound prepositions
  • Word wasting idioms
  • Order in organization
  • Use of Lists
  • Clarity in Drafting

  • Recognizing & correcting linguistic ambiguity
  • Avoiding Legalese
  • Dangling modifiers
  • Change of language
  • Combined persons & actions
  • Best practices
  • Best Practices: Use of Drafting Tools

  • Covenants
  • Language selection
  • Inanimate covenants
  • Non-party covenants
  • Rights Representations
  • Word selection
  • Declarations
  • Declarations vs. Representations
  • Drafting Dates and Numbers
  • Word selection
  • Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.24 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    MO - Self Study: 1.2 Credits
    MT - Self Study: 1.0 Credits
    ND - Self Study: 1.0 Credits
    NJ - General: 1.2 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.03 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Carolyn Seymour

    Carolyn Seymour practiced law for almost 20 years before coming to the law school to teach legal writing in 2004. Professor Seymour began her legal career at Squire, Sanders & Dempsey L.L.P., where she was an associate for five years before joining Duvin, Cahn & Hutton in 1990. As an employment litigator, she specialized in sexual harassment and disability discrimination issues. In 1995, she became in-house counsel for BFGoodrich-Aerospace, another position she held for five years before returning to Duvin as a partner in 2000. She received her B.A. (1982) from Colgate and her J.D. (1985) from University of Michigan.

      Course Price:
    $19.99
     
     

    Computer Security for Todays Law Office

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    Computer Security for Todays Law Office Details


    Price:
    $34.99

    Course Description

    Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.

    Course Agenda

    • Virus types
    • How viruses work
    • The relationship between virus protection and firewalls
    • Virus Protection
    • Secure Email
    • Workstation Security
    • Firewalls
    • Internet & Email Security Policies
    • What is the risk?
    • Security threat sources
    • What to look for in your security system
    • What to do if you encounter a security problem
    • Formulating a plan for a secure system
    • Future challenges to computer security for law offices

    Course Credit per State


    AK - Voluntary: 2.0 Credits
    AL - On-Demand: 2.0 Credits
    AZ - General: 2.0 Credits
    CA - General: 2.0 Credits
    CO - General: 2.5 Credits
    MO - Self Study: 2.48 Credits
    MS - General: 2.1 Credits
    MT - Self Study: 2.0 Credits
    ND - Self Study: 2.0 Credits
    NJ - General: 2.5 Credits
    NV - General: 2.0 Credits
    NY - General: 2.0 Credits
    OH - Self Study: 2.0 Credits
    PA - Distance Learning: 2.0 Credits
    TN - General: 2.07 Credits
    TX - General: 2.0 Credits
    VA - General: 2.0 Credits
    WV - General: 2.48 Credits

    Course Presenter(s)

    Russell Jackman, Esq.
    Russell Jackman is a graduate of the McGeorge School of Law, University of Pacific, and was admitted to the State Bar of California in June, 1994. He is a frequent lecturer on a wide variety of computer subjects, including the California State Bar Annual MCLE Conferences & Section Education Institutes, from 1999 to the present. He has been a Professor at the College of Marin, Cal. State Hayward, St. Mary?s College and and San Francisco State University from 2001-2004. He was the Head Trainer for Weil, Gotshal & Manges in 2005. From 2004-2005 he was Vice Chair of the California State Bar?s Law Practice Management & Technology Committee (member since 1996). He is the author of the Introductory Chapter in the CEB Publication, ?Internet Guide to CA Lawyers 2001.? He has been a regularly-featured author in the Law Practice Management and Technology Publication, ?The Bottom Line? since and participated in SF Trial Lawyer Association?s ?Trial of the Year? 2011 (Miller v. CPMC). He works specifically with law offices and attorneys that need to get the most out of their legal technology. He creates PowerPoint presentations for opening statements, direct examinations and closing statements to be used in Court and can work with attorneys directly to filter their documents and images so that they have the most powerful visual presentation possible. Mr. Jackman has proven results over 12-plus years working with attorneys throughout Northern California on their presentations resulting in millions of dollars in verdicts for their clients. As an effective MCLE presenter in the often difficult area of computer technology, Russell has the benefit of also being a hands-on trainer and computer consultant. He regularly receives laudatory praise for both his practical, yet charismatic style. Mr. Jackman also works with law offices and solo attorneys to upgrade their older systems to new ones, troubleshoot existing setups, and trains attorneys and staff on Microsoft Office programs such as Outlook, Word and Excel, network setups and clouding their information so that a paperless office is possible. Any law office that needs to improve the way technology works for their office needs should not hesitate to call or email Mr Jackman: Contact information is below. MCLE In-house information is below.
      Course Price:
    $34.99
     
     

    Conflicts of Interest in the Practice of Law: Causes and Cures

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    Conflicts of Interest in the Practice of Law: Causes and Cures Details


    Price:
    $19.99

    Course Description

    In this one hour program, Richard E. Flamm, the author of the new treatise ?Conflicts of Interest in the Practice of Law: Causes and Cures,? will discuss what the term ?conflicts of interest? means, the various ways in which conflicts can arise for counsel, the disciplinary and other than disciplinary consequences of engaging in conflicted representation, and how conflicts can sometimes be avoided or ?cured.? Mr. Flamm will briefly touch upon some of the most important conflict of interest rules.

    Course Agenda

    My Background

    • Who I am
    • How I got into this business
    • Books\Teaching\Consulting

    What is a Conflict of Interest?

    • Dates to Book of Matthew
    • 17th Century Application to lawyers
    • No Ethical Rules existed to define
    • Case law definitions (John Marshall)
    • Restatement definition
    • My definition (what the applicable ethical rules say)
    • (we will get to what the rules say a conflict is, before doing so I want to discuss:)

    Possible Consequences of Conflicts Representation

    • Discipline (types of possible discipline)
      • Admonition
      • Suspension
      • Disbarment
      • No discipline (some jurisdictions, including California)

    The Rules Suggest that discipline is the only possible consequence of a rule violation:

    CRPC Rule 1-100: ?The following rules are intended to regulate professional conduct of members of the State Bar through discipline?These rules are not intended to create new civil causes of action. Nothing in these rules shall be deemed to create, augment, diminish, or eliminate any substantive legal duty of lawyers or the non- disciplinary consequences of violating such a duty.?

    ABA Model Rules used to say essentially the same thing. Now Scope Note 20 reads: ?Violation of a Rule should not itself give rise to a cause of action against a lawyer nor should it create any presumption in such a case that a legal duty has been breached. In addition, violation of a Rule does not necessarily warrant any other nondisciplinary remedy, such as disqualification of a lawyer in pending litigation. The Rules are designed to provide guidance to lawyers and to provide a structure for regulating conduct through disciplinary agencies.?

    But most of the consequences of conflicted representation are other than disciplinary

    Decision to Refrain from Handling Representation

    Challenges to Representation

    • Disqualification Motions
    • Injunction Actions
    • Opposition to Applications for Employment (Pro hac vice)
    • Actions for Malpractice/Breach of Fiduciary Duty
    • Disgorgement Actions
    • (Aside: Qualification Motions)

    Possible Consequences for Innocent Clients

    • Loss of counsel/Loss of money/Delay
    • Loss of work product (turnover)
    • Prejudice to their case

    Kinds of Conflicts

    • Conflicts involving current clients
      • Joint/Dual/Multiple Representation Conflicts
      • Unrelated Matter Conflicts

    Model Rule 1.7(a): ?Except as provided in paragraph (b), a lawyer shall not represent a client if the representation involves a concurrent conflict of interest. A concurrent conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer.?

    Conflicts involving Former Clients

    • The Former Client Conflict Rule Generally

    Model Rule 1.9(a): ?A lawyer who has formerly represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client gives informed consent, confirmed in writing.?

    • The Substantial Relationship Test
    • Development (pre ethics rules)
    • Poorly defined
    • Different Approaches

    Personal Interest Conflicts

    • Pecuniary Interest Conflicts
      • Example: Business Transactions Rule

    Rule 1.8(a) ?A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or other pecuniary interest adverse to a client unless: (1) the transaction and terms on which the lawyer acquires the interest are fair and reasonable to the client?(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent legal counsel on the transaction; and (3) the client gives informed consent??

    Relationship Conflicts

    • Familial Relationships
    • Sexual Relationships

    Model Rule 1.8(j): ?A lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the client-lawyer relationship commenced.?

    Other types of Conflicts

    • Advocate-Witness Conflicts
    • Issue Conflicts
    • ?Finite Pie? Conflicts
    • Prospective Client Conflicts

    Model Rule 1.18? ?(a) A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. (b) Even when no client-lawyer relationship ensues, a lawyer who has learned information from a prospective client shall not use or reveal that information, except as Rule 1.9 would permit with respect to information of a former client. c) A lawyer subject to paragraph (b) shall not represent a client with interests materially adverse to those of a prospective client in the same or a substantially related matter if the lawyer received information from the prospective client that could be significantly harmful to that person in the matter??

    Imputed Conflicts (most important)/Imputed Disqualification Rule

    Model Rule 1.10(a): with certain exceptions ?(a) While lawyers are associated in a firm, none of them shall knowingly represent a client when any one of them practicing alone would be prohibited from doing so by Rules 1.7 or 1.9??

    Avoiding Conflicts

    Declining to Take on Conflicted Representation

    Before you can decline, need to detect: Conflicts checks

    Other Means for Avoiding Conflicts

    • e.g., client?s consent not to name a party/include a cause of action

    Curing Conflicts

    Consent

    • Why consent is a cure

    Model Rule 1.7 (b) ?Notwithstanding the existence of a concurrent conflict of interest under paragraph (a), a lawyer may represent a client if: (1) the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) the representation is not prohibited by law; (3) the representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or other proceeding before a tribunal; and (4) each affected client gives informed consent, confirmed in writing.?

    • The need for informed consent
    • ?Waiver Letters?
    • Requirements in addition to informed consent
    • Non-consentable conflicts

    Screening (10 minutes)

    History of Screening Defense

    Evolution of ABA View of Screening (2009)

    Remember what model rule 1.10(a) says? But a law firm can act adversely to the interests of a party even though a lawyer at the firm could not if: [Model Rule 1.10(a)(2)]: ?the prohibition is based upon Rule 1.9(a) or (b) and arises out of the disqualified lawyer?s association with a prior firm, and (i) the disqualified lawyer is timely screened from any participation in the matter and is apportioned no part of the fee therefrom??

    • The permissibility of screening
    • The California rule (courts never rushed to adopt screening)
    • Timely and Effective Screening
    • Types of Screens:
    • Chinese Wall
    • Cone of Silence (get smart!)

    Course Credit per State


    AK - Ethics: 1.0 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CO - Ethics: 1.3 Credits
    MO - Ethics: 1.3 Credits
    MT - Ethics: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NJ - Ethics: 1.3 Credits
    NY - Ethics: 1.0 Credits
    TX - Ethics: 1.0 Credits
    WV - Ethics: 1.3 Credits

    Course Presenter(s)

    Richard Flamm

    Richard E. Flamm, a 1981 Rutgers Law School graduate, is a nationally-recognized expert in the field of legal ethics. A litigator for more than 20 years, since 1995 Mr. Flamm has concentrated on his Berkeley California-based law and consulting practice. In his practice, Mr. Flamm provides representation, advice and expert witness testimony with respect to legal and judicial ethics, legal malpractice, and breach of fiduciary duty matters -- with an emphasis on legal, judicial, and quasi-judicial disqualification motions and appeals.

    In his capacity as an expert witness, Mr. Flamm has testified, either in court or by way of affidavit, in dozens of cases involving matters of legal and/or judicial ethics. Mr. Flamm's extensive client list includes many of the nation's leading corporations and law firms.

    Mr. Flamm is the author of two highly-acclaimed treatises: Lawyer Disqualification: Conflicts of Interest and Other Bases, and Judicial Disqualification: Recusal and Disqualification of Judges, which has been widely relied on by state and federal courts throughout the country. Both works are published by Banks and Jordan Law Publishing: www.banksandjordan.com. He has also authored numerous scholarly articles on conflicts of interests, disqualification and related subjects for law reviews and other publications.

      Course Price:
    $19.99
     
     

    Cyber Stalking: Who's Watching Me

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    Cyber Stalking: Who's Watching Me Details


    Price:
    $19.99

    Course Description

    We live in a surveillance world. The technology exists for everyone to watch everyone. The technology exists for us to be connected online all the time. Is this what we want?

    In this course, attorney Deborah Gonzalez presents an overview of new legal concerns regarding cyber-stalking, cyber harassment, and cyber bullying. Ms. Gonzalez will discuss how new consumer technology such as wearable tech, which is getting smaller and smaller, with the capabilities of recording audio and video without detection, along with the viral nature of social media, is leaving more and more people vulnerable to various types of online abuse. These types of issues have caused states to revise their current general harassment statues, to include language addressing electronic communications. Ms. Gonzales will cover some of these updates as she discusses how various states are choosing to approach these issues. Ms. Gonzalez will also cover several cyber-bullying and cyber-harassment cases, as well as explain the difference between the two. Ms. Gonzalez will conclude the presentation with a brief discussion about current cyber-voyeurism and cyber-revenge porn laws.

    Course Agenda

    Setting the Context Cyber-Harassment
    • Cyber-harassment usually pertains to threatening or harassing email messages, instant messages, or to blog entries or websites dedicated solely to tormenting an individual.
    • Two approaches for state laws:
      • Include language addressing electronic communications in general harassment statutes; or
      • Create stand-alone cyber-harassment statutes.
    • 47 U.S. Code § 223, Communications Decency Act, rephrased to include any telecommunications device.
    • New York Penal Code, 240.3
      • § 240.30 Aggravated harassment in the second degree.
    • Florida, 784.048, 2014
    • Another definition connects this to a violation of anti-harassment/anti-discrimination policies (like Civil Rights) via an email, online post, Tweet, or other electronic communication.
    • Social Media Policies
    • Cyber Harassment: Tips
    Cyber-Stalking
    • Cyber-stalking is the use of the Internet, email or other electronic communications to stalk, and generally refers to a pattern of threatening or malicious behaviors
      • Based on a posing credible threat of harm.
      • Sanctions range from misdemeanors to felonies.
    • 18 U.S.C. § 875(c) makes it a federal crime, punishable by up to five years in prison and $250,000 fine, to transmit any communication in interstate or foreign commerce containing a threat to injure the person of another.
    • Section 875(c) prohibits the actual transmission of a threat, which is defined "objectively" as a statement which a reasonable person would understand as threatening bodily injury.
    • § 875(c) applies only to "true threats" which are not protected by the First Amendment.
      • Watts v. United States, 394 U.S. 705 (1969)
      • Such protected speech includes "political hyperbole" or "vehement," "caustic," or "unpleasantly sharp attacks" that fall short of true threats.
    • Georgia Code, 16-5-90, 2014
    • Virginia, 18-2-60, 2002
      • § 18.2-60. Threats of death or bodily injury to a person or member of his family; threats to commit serious bodily harm to persons on school property; penalty.
    • North Carolina, 14-196.3, 2000
      • § 14-196.3. Cyber-stalking.
    • U.S. v. Elonis, October 2014
    • Unwanted Sexual Contact Online
    • International Cyber-Stalking
    Cyber-Bullying
    • Most people consider this in regards to minors and/or students. However there are a series of laws referring to ?workplace cyber-bullying.?
    • Cyber-bullying or Cyber-Harassment?
    • Cyber-bullying State Laws:
      • Colorado, HB 1036, 2005
      • California, AB86, 2008
      • Virginia, HB1624, 2009
      • Georgia, SB250, 2010
    #Gamergate, August 2014
    • Zoe Quinn, software developer of the game ?Depression Quest,? a text-based game partially based on her own experience with depression, in 2013.
    • Victim of online death threats and harassing posts.
    Cyber-Voyeurism
    • Video-Voyeurism: The use of small micro cameras to observe and monitor another person.
    • Cyber-Voyeurism: Controlling those cameras via online or wireless connections and can include recording and posting the videos on social media or other Internet sites.
    • State Statutes include:
      • Unlawful photographing
      • Voyeurism
      • Unauthorized videotaping
      • Eavesdropping
      • Peeping or Spying
      • Disorderly Conduct
      • Various Privacy laws
      • Various Stalking laws
    Intimate Partner Cyber-Violence
    • IPV encompasses domestic violence, sexual violence, and stalking that targets a current or former spouse, boyfriend, girlfriend, or significant other.
    • IPCV encompasses the above through the use of technology, including the Internet, social media, email, texting, etc.
    Cyber-Revenge Porn
    • CA v Iniquez, 2014 Conviction
    • Noe Iniguez, convicted of the charge of distributing "revenge porn" via the internet; 1 year in jail
    • CA Revenge Porn Law?s requires proof beyond a reasonable doubt that:
      • the accused photographed or recorded an image of one or more intimate body parts of an identifiable person under circumstances where the parties agree or understand that the image is to remain private and the accused subsequently distributed the image with the intent to cause serious emotional distress and the depicted person did suffer serious emotional distress. CA, one of 13 states that have enacted cyber-exploitation laws. CA eCrime Unit: prosecuting operators of cyber-exploitation websites

    Course Credit per State


    AK - Voluntary: 1.25 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.4 Credits
    MO - Self Study: 1.4 Credits
    MT - Self Study: 1.25 Credits
    ND - Self Study: 1.25 Credits
    NJ - General: 1.4 Credits
    NY - General: 1.4 Credits
    TX - General: 1.0 Credits
    VA - General: 1.0 Credits
    WV - General: 1.4 Credits

    Course Presenter(s)

    Deborah Gonzalez

    Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

    Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

    Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

    Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

      Course Price:
    $19.99
     
     

    Dealing with the News Media

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    Dealing with the News Media Details


    Price:
    $19.99

    Course Description

    In a world of 24-hour news cycles and intense public interest in the courts, media coverage is a fundamental part of the litigation landscape. However, many civil litigators haven't developed a strategy for dealing with the media, whether to proactively serve their client's interests or to respond, quickly and effectively, to media tactics deployed by adversaries. As in a political campaign, the failure to "get ahead of a story" can result in your opponent maneuvering you into a reactive, defensive mode that can damage your client's overall position and diminish your negotiating leverage. Fortunately, there are guidelines for dealing effectively with the news media, most of which are based on understanding the priorities and incentives that drive reporters and editors. These guidelines will enable you, as a civil litigator, to work effectively with the press - and keep within boundaries of professional ethics -- as an essential part of your advocacy.

    In this course, attorney David Graulich will discuss the challenges of managing a high profile case and the best practices to follow when dealing with the news media. Mr. Graulich will examine how to deal with pre-trial publicity, go over the rules relating to media interaction during the trial, and discuss ABA guidelines on trial publicity. What is considered off the record? Should an attorney ask a reporter to view a story before it is published? Mr. Graulich will also present several case studies to examine the changing relationships of the news media and the court system over the last several decades. The course will discuss the court's varying tolerance levels of extrajudicial statements in civil and criminal trials. The course will end with a Question and Answer session covering such topics as how to handle an ambush interview and dealing with bloggers.

    Course Agenda

    Dealing With The News Media
    Journalists Are Looking For A Story
    Don't Assume Reporters Know The Basics Of The Legal System
    Check Your Jurisdiction's Bar Rules
    • ABA Rule 3.6
    Free Press Vs. Right To Fair Trial
    • Case Study: Sheppard v. Maxwell
    • Case Study: Nebraska Press Association v. Stuart
    • Case Study: U.S. v. Cutter
    • Case Study: Chicago Council of Lawyers v. Bauer
    • Case Study: Ruggieri v. John-Manville Prods. Corp.
    • Case Study: Gentile v. State Bar of Nevada
    • Case Study: Chevron
    Be A Reliable And Sensible Source
    Everything Is On The Record
    Be Concise
    Don't Rely On Nuance Or Subtle Distinctions
    Honor Thy Reporter's Deadline
    Reporters Don't Write Headlines Nor Determine Story Placement
    Take Your Knocks... And Move On
    Questions & Answers Session
    • What are the best practices for handling an ambush interview?
    • In what situations would you consider hiring a public relations firm?
    • What are best practices when dealing with bloggers?

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 0.9 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.06 Credits
    FL - General: 1.0 Credits
    IL - General: 0.75 Credits
    MO - Self Study: 1.1 Credits
    NC - General: 1.0 Credits
    NH - General: 0.9 Credits
    NJ - General: 1.0 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    TN - General: 0.88 Credits
    TX - General: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.06 Credits

    Course Presenter(s)

    David Graulich, Esq.

    Mr. Graulich worked over 20 years in journalism and the public relations industry. He represented companies such as PepsiCo, Schwab and Computer Sciences Corp., advising senior executives on communications policies. Mr. Graulich received his law degree at the University of the Pacific - McGeorge School of Law. Mr. Graulich is currently working in private practice and resides in Sacramento, California.

      Course Price:
    $19.99
     
     

    Digital Currencies, Bitcoin and the Law

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    Digital Currencies, Bitcoin and the Law Details


    Price:
    $19.99

    Course Description

    What will money look like in the future? With the use of digital currencies like Bitcoin on the rise, it is important to gain an understanding of how these new digital currencies work. In this course, attorney Deborah Gonzalez will explain what these digital currencies are, why they were created, and how they are affecting the world today, as well as cover some of the major legal issues that have surrounded their use. Deborah will discuss the main concerns, as well as what is being done to combat the concerns that people have about adopting these new digital currencies.

    Course Agenda

    History of Money
    • The Context
    • Definition of Money History of Money History of Money Legalities Money v. Wealth
    Money 2.0
      Creation of Value Storage of Value Virtual Currencies Digital Currency Bitcoin Altcoins Q&A Session

      Course Credit per State


      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      GA - Self Study: 1.0 Credits
      KY - General: 1.0 Credits
      MO - Self Study: 1.4 Credits
      NC - General: 1.0 Credits
      NH - General: 1.0 Credits
      NJ - General: 1.2 Credits
      NV - General: 1.0 Credits
      NY - General: 1.0 Credits
      OH - Self Study: 1.0 Credits
      OK - Distance Learning: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      SC - General: 1.0 Credits
      TX - General: 1.0 Credits
      UT - Self Study: 1.0 Credits
      VA - General: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - General: 1.22 Credits

      Course Presenter(s)

      Deborah Gonzalez

      Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

      Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

      Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

      Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

        Course Price:
      $19.99
       
       

      Ethics & Entertainment: Should the Show Go On

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      Ethics & Entertainment: Should the Show Go On Details


      Price:
      $19.99

      Course Description

      This one-hour course will cover legal ethics in the entertainment industry. Deborah Gonzalez will begin by examining the differences between values and ethics, explaining how one can be enforced, while the other cannot. Ms. Gonzalez will then discuss a handful of cases of ethical misconduct in the entertainment industry, which ultimately resulted in the disbarment of the attorneys involved.

      Course Agenda

      Ethics v Values
      • Values = Personal Beliefs
      • Ethics = Conduct
      Specific Ethical Issues
      • Professional Conduct
      • Responsibility
      • Competency
      • Client-Attorney Relationship
      • Confidentiality Model Rule 1.6
      • Trial Publicity
      • Legal Advertising
      • Unauthorized Practice of Law

      Course Credit per State


      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      KS - Ethics: 1.0 Credits
      KY - Ethics: 1.0 Credits
      NC - Professional Responsibility: 1.0 Credits
      NH - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      OH - Attorney Conduct: 1.0 Credits
      OK - Legal Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      SC - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      TX - Ethics: 1.0 Credits
      UT - Ethics: 1.0 Credits
      VA - Ethics: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

      Deborah Gonzalez

      Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

      Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

      Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

      Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

        Course Price:
      $19.99
       
       

      Hot Topics in Social Media Law

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      Hot Topics in Social Media Law Details


      Price:
      $34.99

      Course Description

      As the world changes, so does the law, daily in fact. Every single day there are new trends, technologies, and laws that impact how we do business. The world of social media has created a wealth of opportunities for those who counsel large and small business and entrepreneurs who play in the social media sandbox. What keeps them up at night? In this program, we will explore some of the hot topics in the world of social media.

      Course Agenda

      • New Copyright and Trademark Cases
      • Terms of Use (Privacy)
      • Cases involving Facebook, Terms of Use, Twitter and Instagram
      • YouTube and the DMCA

      What Is Social Media

      ABA?s 20/20 Commission

      FTC.Gov Online Advertising Disclosure

      New Developments, Issues and Cases: Can a lawyer use clients? name in a blog? The ?Thumbs Up? symbol: (TiVo vs. Facebook): Kirstaeng v. John Wiley Publishers, U.S. S. Ct. case on the First-Sale Doctrine. Twitter cases: Kim Kardashian, Courtney Love, (sued for their tweets).

      TERMS OF USE: What You Need to Know: Comparison of TOU in various websites (Facebook, LinkedIn, Pinterest), Best Practice to dispute TOU, Modification, Ownership of Data, Review of YOU cases, Arbitration clauses.

      Ethics, Social Media and Lawyers: Potential Ethical Land Mines for Lawyers: Fee-Sharing with non-lawyers, e.g., Groupon, Rule 5.4, Professional Independence, Unauthorized Practice of Law (Review of various states and comparison with ABA Rules).Inadvertent Disclosure of Client Confidences, Inadvertent Formation of Client Relationship, ABA Formal Opinion 10-457, AVVO, Dislcaimers, Conflicts of Interest.

      Lawyer Websites: Attorney Advertisement: Three Areas for Concern: Solicitation, False and Misleading Content and Testimonials. California RPC 1-400c, Ohio, Oregon, Missouri, Colorado restrictions on testimonials.

      Q&A: Communication with Represented Party, AVVO and reputation management issues, Attorney supervision of employees.

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AL - On-Demand: 2.0 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.4 Credits
      MO - Self Study: 2.42 Credits
      MS - General: 2.0 Credits
      MT - Self Study: 2.0 Credits
      ND - Self Study: 2.0 Credits
      NJ - General: 2.4 Credits
      NV - General: 2.0 Credits
      NY - General: 2.0 Credits
      OH - Self Study: 2.0 Credits
      PA - Distance Learning: 2.0 Credits
      TN - General: 2.02 Credits
      TX - General: 2.0 Credits
      WV - General: 2.42 Credits

      Course Presenter(s)

      Francine Denise Ward

      A 1989 graduate of Georgetown University Law Center, Francine Denise Ward earned her undergraduate degree in 1986 from the City University of New York---Hunter College. Admitted to practice in both California and New York, her IP focus is on copyrights, trademarks, internet, and publishing law. Ms. Ward has carved out a niche working with eCommerce entrepreneurs, information marketers, authors, and professional speakers.

      Not surprisingly, Francine loves working with entrepreneurs and authors--because she is one! She understands from firsthand experience the importance of safeguarding what she's invested so much time and money creating, e.g, books, articles, web content, product, videos, her brand and the right to create these things. She?s written two self-help books (Esteemable Acts: 10 Actions for Building Real Self-Esteem and 52 Weeks of Esteemable Acts: A Guide to Right Living), has given a number of motivational business keynotes, and has talked extensively to entrepreneurs on the importance of protecting their valuable intellectual property. She has now expanded her reach to social media, including the Second Life.

      Francine Ward is an active member of the American Bar Association's Intellectual Property Law Section, and currently chairs Committee 408 (In the Interest of Individuals and Small Businesses). Always willing to be of service and forever involved in her community, Francine volunteers her time helping women struggling with addiction who have lost their kids, she?s on the boards of the National Council on Alcoholism and Other Drugs in the Bay Area and the National Speakers Association, and is a pro-bono volunteer lawyer through the VLSP program with the San Francisco Bar Association. Francine D. Ward resides in Mill Valley, CA with her husband Richard Lipfield, and three cats, Mango, Spike, and Kiwi.

        Course Price:
      $34.99
       
       

      Innovation or Exploitation: The Limits of Computer Trespass Law

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      Innovation or Exploitation: The Limits of Computer Trespass Law Details


      Price:
      $29.99

      Course Description

      In 1984, Congress passed the Computer Fraud and Abuse Act. This criminal law statute was passed when most people?s relationship with their computers was direct and straightforward. Computer access was at a fixed location (desktop computer) and authorization was based on simple password access. In today?s world of mobile and cloud computing, users? relationships to their computers and data has significantly increased in complexity. Users have multiple access points to their data through the introduction of smart phones, tablets, and the Internet. The amount of data has grown exponentially since 1984. Banking, shopping, and even dating are now easily done online.

      This course examines the current limits of computer trespass law in America. The panel, made up of experienced technology attorneys and professionals, will present an overview of Computer Fraud and Abuse Act of 1984, commonly referred to as CFAA. What was this statute meant to do? How are violations defined? Is the statute in need of reform? Why? The panel will discuss several case studies to determine whether CFAA is working effectively in today?s world of social media and cloud based computing. The panel will consider what type of reforms initiatives are in development to bring CFAA to the 21st Century. The panel will discuss the federal indictments of Aaron Swartz and examine if CFAA was properly used. The course will then end with a question and answer session, taking questions from the attending audience.

      Course Agenda

      OVERVIEW: INNOVATION VERSUS EXPLOITATION

    • Technology research vs. Federal Law
    • Tech entrepreneurship vs. Federal Law
    • Tech culture vs. Federal Law
    • Tech use vs. Federal Law
    • Hacking vs. Federal Law
    • COMPUTER FRAUD AND ABUSE ACT

    • 18 USC § 1030
    • Definition of access
    • Definition of authorization
    • Term of Service and agency relationships
    • Case Study: United States v. Lori Drew
    • Case Study: United States v. Nosal
    • CFAA REFORM OPTIONS

    • Aaron?s Law
    • Top three reform priorities
    • NEW TECHNOLOGY/ NEW LAWS

    • Evasion of a code-based restriction?
    • How should we define that code-based restriction?
    • How should the criminal law address the exploitation of flawed security mechanisms?
    • Should evasion of down load rates limitations be a crime?
    • Should evasion of differential pricing mechanisms be a crime?
    • Who should provide authorization?
    • Should password sharing be illegal?
    • Should faking your way onto a white list or off a blacklist be a crime?
    • When is URL manipulation a crime?
    • Do we need a security researcher exception?
    • UNITED STATES V. AARON SWARTZ

    • Case Background
    • Federal indictment
    • CFAA: Criminal Trespass?
    • INNOVATION AND THE LAW

    • Legal minefields
    • Technology research and the law
    • Vagueness in the law
    • No red lines
    • QUESTION AND ANSWER SESSION

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AL - On-Demand: 1.9 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.26 Credits
      FL - General: 2.5 Credits
      GA - Self Study: 2.0 Credits
      IL - General: 1.75 Credits
      IN - Distance Education: 1.9 Credits
      ME - Self Study: 1.89 Credits
      NC - General: 1.75 Credits
      NH - General: 1.8 Credits
      NJ - General: 2.3 Credits
      NV - General: 1.5 Credits
      NY - General: 2.0 Credits
      OK - Distance Learning: 2.0 Credits
      PA - Distance Learning: 1.5 Credits
      TX - General: 1.75 Credits
      UT - Self Study: 1.5 Credits
      WA - General: 1.75 Credits
      WI - On-Demand: 2.0 Credits
      WV - General: 2.26 Credits

      Course Presenter(s)

      Dan Auerbach
      Dan Auerbach is a Staff Technologist who is passionate about defending civil liberties and encouraging government transparency. Coming to EFF with a background in mathematical logic and automated reasoning, as well as years of engineering experience at Google, Dan now works on EFF's various technical projects and helps lawyers, activists, and the public understand important technologies that might threaten the privacy or security of users.
      Ed Felten

      Mr. Felten is a professor of computer science and public affairs at Princeton University. On November 4, 2010 he was named the Chief Technologist for the United States Federal Trade Commission, a position he officially assumed January 3, 2011.

      Felten has done a variety of computer security research, including groundbreaking work on proof-carrying authentication and work on security related to the Java programming language, but he is perhaps best known for his paper on the Secure Digital Music Initiative (SDMI) challenge.

      Jennifer Granick

      Ms. Jennifer Granick is the Director of Civil Liberties at the Stanford Center for Internet and Society. Jennifer returns to Stanford after stints as General Counsel of entertainment company Worldstar Hip Hop and as counsel with the Internet boutique firm of Zwillgen PLLC. Before that, she was the Civil Liberties Director at the Electronic Frontier Foundation. Jennifer practices, speaks and writes about computer crime and security, electronic surveillance, consumer privacy, data protection, copyright, trademark and the Digital Millennium Copyright Act.

      From 2001 to 2007, Jennifer was Executive Director of CIS and taught Cyberlaw, Computer Crime Law, Internet intermediary liability, and Internet law and policy. Before teaching at Stanford, Jennifer spent almost a decade practicing criminal defense law in California. She was selected by Information Security magazine in 2003 as one of 20 "Women of Vision" in the computer security field. She earned her law degree from University of California, Hastings College of the Law and her undergraduate degree from the New College of the University of South Florida.

      Brewster Kahle

      Brewster Kahle graduated from the Massachusetts Institute of Technology in 1982 with a Bachelor of Science in computer science and engineering. After graduation, he joined Thinking Machines team, where he was the lead engineer on the company's main product, the Connection Machine, for six years (1983?1989). There, he and others developed the WAIS system, the Internet's first publishing and distributed search system and a precursor to the World Wide Web.

      He co-founded WAIS, Inc.(1992) and Alexa Internet (1996.) Both firms were eventually sold to AOL and Amazon.com respectively. At the same time as he started Alexa, he founded the Internet Archive, which he continues to direct. In 2001, he implemented the Wayback Machine, which allows public access to the World Wide Web archive that the Internet Archive has been gathering since 1996. In 2010 he was given an honorary doctorate in computer science from Simmons College, where he studied library science in the 1980s.

      In 2012, Kahle and banking veteran Jordan Modell established Internet Archive Federal Credit Union to serve people in New Brunswick and Highland Park, New Jersey, as well as participants in programs that alleviate poverty in those areas.

      Alex Stamos
      Alex Stamos is the CTO of Artemis, the division of NCC Group that is taking on hard security problems starting with the .Secure gTLD. He was the co-founder of iSEC Partners, one of the world's premier security consultancies and also a part of NCC Group. Alex has spent his career building or improving secure, trustworthy systems, and is a noted expert in Internet infrastructure, cloud computing and mobile security. He is a frequently request speaker at conferences such as Black Hat, Defcon, Amazon ZonCon, Microsoft Blue Hat, FS-ISAC and Infragard. He holds a BSEE from the University of California, Berkeley.
      Jonathan Mayer
      Jonathan Mayer is a graduate student in computer science and law at Stanford University, where he is a Cybersecurity Fellow at the Center for International Security and Cooperation, a Junior Affiliate Scholar at the Center for Internet and Society, and a Stanford Interdisciplinary Graduate Fellow. He received his A.B. from Princeton University in 2009, concentrating in the Woodrow Wilson School of Public and International Affairs. Jonathan has consulted for both federal and state law enforcement agencies, and his research on consumer privacy has contributed to multiple regulatory interventions.
        Course Price:
      $29.99
       
       

      IT 4 The JD

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      IT 4 The JD Details


      Price:
      $19.99

      Course Description

      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!

      Course Agenda

      • What sort of system stats you should be looking for when upgrading your system
        • Is it time to upgrade?
        • What are some of the costs?
        • What should I make sure to upgrade/keep in place?
      • Working with Windows 8
      • Antivirus & Firewalls, computer security & safety
      • Cloud computing
      • Backups
      • Discussions about case management systems
      • Trends & Fads: where are we headed with IT in the near future!

      This program is ideal for the solo practitioner, paralegal/legal assistant, small office or even mid-sized office that wants to review their technology in an unbiased, non-sales environment! Mr. Jackman has been providing technology consulting solutions to law offices since 1999, so take advantage of this session to find out what you need to be on the cutting edge of today?s technology!

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.3 Credits
      KY - General: 1.0 Credits
      MO - Self Study: 1.26 Credits
      MS - General: 1.1 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NH - General: 1.0 Credits
      NJ - General: 1.3 Credits
      NV - General: 1.0 Credits
      NY - General: 1.0 Credits
      OH - Self Study: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.05 Credits
      TX - General: 1.0 Credits
      WV - General: 1.26 Credits

      Course Presenter(s)

      Russell Jackman, Esq.
      Russell Jackman is a graduate of the McGeorge School of Law, University of Pacific, and was admitted to the State Bar of California in June, 1994. He is a frequent lecturer on a wide variety of computer subjects, including the California State Bar Annual MCLE Conferences & Section Education Institutes, from 1999 to the present. He has been a Professor at the College of Marin, Cal. State Hayward, St. Mary?s College and and San Francisco State University from 2001-2004. He was the Head Trainer for Weil, Gotshal & Manges in 2005. From 2004-2005 he was Vice Chair of the California State Bar?s Law Practice Management & Technology Committee (member since 1996). He is the author of the Introductory Chapter in the CEB Publication, ?Internet Guide to CA Lawyers 2001.? He has been a regularly-featured author in the Law Practice Management and Technology Publication, ?The Bottom Line? since and participated in SF Trial Lawyer Association?s ?Trial of the Year? 2011 (Miller v. CPMC). He works specifically with law offices and attorneys that need to get the most out of their legal technology. He creates PowerPoint presentations for opening statements, direct examinations and closing statements to be used in Court and can work with attorneys directly to filter their documents and images so that they have the most powerful visual presentation possible. Mr. Jackman has proven results over 12-plus years working with attorneys throughout Northern California on their presentations resulting in millions of dollars in verdicts for their clients. As an effective MCLE presenter in the often difficult area of computer technology, Russell has the benefit of also being a hands-on trainer and computer consultant. He regularly receives laudatory praise for both his practical, yet charismatic style. Mr. Jackman also works with law offices and solo attorneys to upgrade their older systems to new ones, troubleshoot existing setups, and trains attorneys and staff on Microsoft Office programs such as Outlook, Word and Excel, network setups and clouding their information so that a paperless office is possible. Any law office that needs to improve the way technology works for their office needs should not hesitate to call or email Mr Jackman: Contact information is below. MCLE In-house information is below.
        Course Price:
      $19.99
       
       

      Judicial Disqualifications and Social Media

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      Judicial Disqualifications and Social Media Details


      Price:
      $19.99

      Course Description

      Social media is often designed to encourage informal communication and sharing of personal views and opinions. The nature of social media also often leads to a blurring of the distinction between public and private life. As more judges adopt social media as a new platform to socialize with friends, family, and colleagues, they will have to be more vigilant than ever to ensure that they do not compromise their ethical obligations.

      In this program, attorney Deborah Gonzalez discusses the evolving relationship between the judiciary, ethics and social media. How should judges behave and whom should judges interact with on Facebook or LinkedIn? The course will address the standards for judicial recusal and explain state and federal statutes related to judicial disqualification. Ms. Gonzalez will explore how social media has affected the way judges interact with constituents, peers, and lawyers. She will provide commentary on recent state and ABA (Opinion 462) ethical opinions related to social media and the judiciary. The course will also examine three recent case studies involving judicial disqualification and social media. Ms. Gonzalez will then end the presentation by discussing critical considerations for lawyers when the possibility of judicial disqualification is presented at trial.

      Course Agenda

      The Judiciary and Social Media

    • Should judges use social media?
    • Judges and social media statistics
    • Recusal vs. Disqualification

    • Recusal definition
    • Disqualification definition
    • What is the standard for disqualification?

    • Reasonable doubt
    • Objective appearance
    • Evidence of bias
    • Federal and State Judicial Disqualification Statutes

    • 28 U.S.C.A. § 144
    • 28 U.S.C.A. § 455
    • State judicial codes of conduct
    • Legal Ethics and Social Media

    • The blurring of public and private life
    • Text is not tonal
    • Anonymity is not guaranteed
    • Control of online content is not guaranteed
    • Model Code of Judicial Conduct

    • Rule 1.2, Promoting Confidence in the Judiciary
    • Rule 2.9, Ex Parte Communications
    • Rule 2.11, Disqualification
    • Rule 3.10, Practice of Law
    • State Ethic Committee Opinions

    • California Advisory Opinion 66 (2010)
    • Kentucky Advisory Opinion JE-119 (2010)
    • Maryland Advisory Opinion 2012
    • Massachusetts Advisory Opinion 2011-6
    • New York Advisory Opinion 08-176
    • Ohio Advisory Opinion 2010-7
    • Oklahoma Advisory Opinion 2011-3
    • South Carolina Advisory Opinion 17-2009
    • Florida Advisory Opinion 2009-20
    • Florida Advisory Opinion 2010-6
    • Florida Advisory Opinion 2012-12
    • ABA Formal Opinion 462

    • Judge?s Use of Electronic Social Networking Media
    • Precautions for judges or judicial candidates running for election
    • Case Studies

    • United States v. Isaacs
    • Hollister v. Soetoro
    • Domville v. State
    • Disqualification considerations

    • Critical decision in all cases
    • Should not be part of an overall trial strategy
    • Abuse of recusal requests
    • Best practices
    • Course Credit per State


      AK - Ethics: 1.25 Credits
      AL - Ethics: 1.3 Credits
      AZ - Ethics: 1.25 Credits
      CA - Ethics: 1.25 Credits
      CO - Ethics: 1.52 Credits
      FL - Ethics: 1.5 Credits
      IL - Ethics: 1.25 Credits
      IN - Ethics: 1.3 Credits
      ME - Professional Responsibility: 1.27 Credits
      MO - Ethics: 1.5 Credits
      ND - Ethics: 1.25 Credits
      NH - Ethics: 1.3 Credits
      NJ - Ethics: 1.5 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.5 Credits
      OK - Legal Ethics: 1.5 Credits
      PA - Ethics: 1.0 Credits
      TN - Dual: 1.27 Credits
      VT - Ethics: 1.25 Credits
      WA - Ethics: 1.25 Credits
      WI - On-Demand: 1.5 Credits
      WV - Ethics: 1.5 Credits

      Course Presenter(s)

      Deborah Gonzalez

      Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

      Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

      Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

      Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

        Course Price:
      $19.99
       
       

      Lawyers as Board Members

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      Lawyers as Board Members Details


      Price:
      $19.99

      Course Description

      For attorneys, being asked to serve on the board of directors for both for-profit and non-profit organizations can be a great honor, however the position brings a unique set of ethical and professional challenges. In this course, attorney Deborah Gonzalez will examine the challenges involved in this dual role as attorney and board member, the ethical concerns and consequences of their relationships, and the best practices attorneys should undertake to avoid conflicts of interest and other adverse events.

      The course starts with the reasons to accept an offer as a board member. Why would an attorney consider this invitation and what are the organization's motive? The course will then address the dual responsibility as attorney and board member. Ms. Gonzalez will discuss ethical issues arising from this dual responsibility such as conflict of interest, privileged information and reporting wrong doing, The course will explore how the Sarbanes-Oxley Act will affect attorney's relationship with the organization and what is the proper compensation standard relating to this dual role. The course will end with a presentation of best practices to avoid ethical pitfalls and the protections that attorney can seek if their actions (in the capacity of lawyer and board member) are cause of litigation.

      Course Agenda

      Overview

    • The honor of being selected
    • Dual roles
    • Concerns
    • Consequences
    • Protections
    • Best Practices
    • The Honor of Being Asked to Serve

    • Benefits to the lawyer
      • Prestige
      • Community service
      • Solidifies client relationship
      • ABA Model Rule 6.1
    • Benefits to the organization
      • Adds credibility
      • Brings essential expertise
      • Free legal services

      Dual Roles

    • Duties of a Legal Advisor
      • Provides competence
      • Maintains confidentiality
      • Maintains strict code of professionalism
    • When does the attorney-client relationship exist?
    • ABA Model Rule 1.13
    • Scope of the attorney's representation
    • Concerns

    • Conflict of interest
    • Privileged communication
    • Reporting wrong-doing
    • Sarbanes-Oxley Act
    • Compensation
    • Conflicts of Interest

    • ABA Model Rule 1.7
    • State Bar & ethics opinions
    • Law firm policies
    • Privileged Communication

    • ABA Formal Opinion 98-410
    • Difference between business and legal advice
    • Best practices
    • Reporting Wrong-doing

    • ABA Model Rule 1.13
    • Case Studies
    • Compensation

    • Non-profit organizations
      • U.S. Tax Code
      • Double-dipping issues
    • Association of the Bar of the City of NY
      • NY City 1988-5

      Consequences

    • Loss of confidentiality
    • Loss of potential clients
    • Personal financial liability
    • Disbarment
    • Protections

    • ABA Model Nonprofit Corporation Act (3d ed.)
    • Directors & Officers Insurance
    • Professional liability insurance
    • Best Practices

    • Proceed cautiously
    • Read organization?s documents
      • By-laws, codes of conduct
      • Director commitment agreement
    • Robert's Rule of Order
    • When to recuse yourself
    • When to decline representation
    • Open communication with other board members
    • Course Credit per State


      AK - Ethics: 1.0 Credits
      AL - Ethics: 1.1 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.32 Credits
      FL - Ethics: 1.5 Credits
      GA - Ethics: 1.1 Credits
      IL - Ethics: 1.0 Credits
      IN - Ethics: 1.1 Credits
      MO - Ethics: 1.3 Credits
      MT - Self Study: 1.0 Credits
      ND - Ethics: 1.0 Credits
      NH - Ethics: 1.1 Credits
      NJ - Ethics: 1.3 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TN - Dual: 1.1 Credits
      VT - Ethics: 1.0 Credits
      WA - Ethics: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - Ethics: 1.3 Credits

      Course Presenter(s)

      Deborah Gonzalez

      Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

      Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

      Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

      Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

        Course Price:
      $19.99
       
       

      Mastering Legal Malpractice Insurance

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      Mastering Legal Malpractice Insurance Details


      Price:
      $19.99

      Course Description

      Professional Liability Insurance veteran Paul Dorroh provides information of vital importance to every practitioner. This program covers all the basics about why and how to purchase malpractice insurance, how to best purchase it and how to properly manage it.

      Why buy malpractice insurance? Statistics indicate that the frequency of claims averages about 4% - similar to personal auto insurance, so it is not that unlikely to encounter a claim over the course of a legal career. You need to protect yourself, your clients ? and client relationships, avoid embarrassing disclosure of lack of coverage and meet specific insurance requirements of clients.

      How to Buy: Learn the difference between use of a broker or buying direct, how to evaluate insurers, how to compare quotes and coverage, how to complete an application and how to choose limits of liability and coverage. Learn how to manage your policy when there are changes in your practice, how to report ?claims,? how to handle renewals and possible availability of Tail Coverage.

      Course Agenda

    • Why buy malpractice insurance?
    • Protect yourself
    • Protect your clients - and client relationships
    • Avoid embarrassing disclosure of lack of coverage
    • Rule 3-410 Disclosure of Professional Liability Insurance
    • "A member who knows or should know that he or she does not have professional liability insurance shall inform a client in writing, at the time of the client's engagement of the member, that the member does not have professional liability insurance whenever it is reasonably foreseeable that the total amount of the member's legal representation of the client in the matter will exceed four hours."
    • Meet insurance requirements of clients: Businesses, governmental agencies and sophisticated individuals often have specific requirements for minimum amounts of professional liability insurance.
    • How to Buy Malpractice Insurance
    • Agent or broker vs. direct from insurer
    • Evaluating insurers
    • Co-Evaluating Policy Coverage
    • Completing an application
    • What is covered - errors and omissions vs. malpractice - is there a Who is covered - read this section carefully!
    • Exclusions - some traps for the unwary
    • The "Discovery Clause" and a common misconception
    • Who is covered - The obvious: current sole proprietor, shareholders, partners and employees, prior shareholders, partners, employees (but usually only while acting within scope of duties on behalf of Named)
    • The less obvious: What about of counsel, contract attorneys, firms, attorneys associated for specific matters
    • Exclusions - some traps for the unwary.
    • Definitions: This section can carve out other exceptions and limitations on coverage. For example, disgorgement or reduction of legal fees charged to the claimant is often carved out by the definition of The "discovery clause" and a common misperception
    • Choosing limits of liability and deductibles
    • Limits of liability - each claim and annual aggregate
    • Deductibles - each claim, loss only and aggregate
    • Prior Acts - what's possible and what's not
    • Managing your policy
    • Changes in your practice: Adding/deleting lawyers, merging practices.
    • Changes in Areas of Practice
    • Reporting "claims." Is it a claim? Does the insurer offer a "hotline" for confidential advice? Insurer's claims personnel may also offer guidance whether to report.
    • Renewals - when to shop around
    • Premium increases
    • Insurer status changes, e.g. financial downgrade
    • Coverage restrictions
    • Test the market periodically
    • Be aware of potential loss of "free tail" benefit
    • Understanding claims made premiums
    • Tail coverage: What is it? Extra time to report claims after final policy termination - either a finite or unlimited time. When is it an Issue? Do I need it? What does it cost?

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.3 Credits
      MO - Self Study: 1.26 Credits
      MS - General: 1.1 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NJ - General: 1.3 Credits
      NV - General: 1.0 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.05 Credits
      TX - General: 1.0 Credits
      VA - General: 1.0 Credits
      WV - General: 1.26 Credits

      Course Presenter(s)

      Paul Dorroh, Esq.

      B.A., U.C. Berkeley
      J.D. Boalt Hall, U.C. Berkeley
      Active Member, the State Bar of California
      Licensed Insurance Agent-Broker in California

      Retired Senior Vice President, Marsh U.S. Consumer, a unit of Marsh & McLennan Companies, managing sponsored lawyers? professional liability insurance programs for a number of State Bar associations.

      Nearly 40 years of experience in designing, forming and managing professional liability insurance captive companies and commercially underwritten professional liability insurance plans for professional association of attorneys, physicians, dentists, allied health professionals and real estate professionals.

      Contact Information:
      Paul E. Dorroh
      Attorney at Law
      144 York Avenue
      Kensington, California 94708

    •   Course Price:
      $19.99
       
       

      Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence

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      Prevention Detection and Treatment of Mental or Physical Issues that Impair a Members Ability to Perform Legal Services with Competence Details


      Price:
      $19.99

      Course Description

      The California State Bar has recently added important new components to the required course previously known as "Prevention, Detection and Treatment of Substance Abuse and Emotional Distress." The new definition of this course, "Prevention, Detection and Treatment of Mental or Physical Issues that Impair a Member's Ability to Perform Legal Services with Competence," reflects the need to consider the bigger picture of the pressures which lawyers face on a daily basis in their practices, as well as the physical and mental issues which may impair competence, such as depression, age and natural cognitive decline.

      In this HD Video program attorney Steven A. Nielsen focuses on the mental changes that occur over a career. The normal aging process results in cognitive decline, and Mr. Nielsen suggests that a colleague or two keep tabs on each other, including those at large law firms. He discusses the presence of dementia and what to do should it arise, and provides links to resources on how to sell or close a practice should this occur. Other simple tips include the use of a lawyer's skills as a problem solver to help neural plasticity and memory, such as playing bridge, crossword puzzles and hobbies, physical activity in the office as well as outside and an improved diet. He also takes aim at the rise of constant electronic messages or other electronic interruptions and the damage this can have, and suggests how "Interruption Management" can help effectiveness and productivity. Mr. Nielsen's remedies and tips offered are not extreme, but are important as they can be easily implemented. This program will help attorneys improve the efficiency and enjoyment of their practices and increase awareness of cognitive issues and possible diminution of competence.

      Course Agenda

      What are we going to learn?

      • Genesis of MCLE Requirement
      • Substance Abuse? Been there, done that..
      • Depression ? A Kingpin of Disaster
      • The New ?Other? Categories of Impairment
      • Mental Issues
      • Physical Issues
      • What can we do? Prevention/Detection/Treatment

      Why Are We Here Today?

      • To Keep our License to Practice Law
      • To Consider Ways to Live Life to the Fullest and to Consider Ourselves as a Whole
      • Avoid ?Junk Science? and figure out the state of the art
      • Consider the bigger picture as now encouraged in Rules of the State Bar of California Title 2. Division 2.

      Division 2. Rights and Responsibilities of Members

      Substance Abuse

      • What can we add?
      • How does it start?
      • Detection
      • Treatment?

      Mental Impairment ? Mental illness

      Depression ? Kingpin of Impairment?

      Depression ? Effect on the New Other Issues

      Prevention/Detection/Treatment

      Mental Issues

      Age ? The Great Thief

      Dementia Happens

      When Dementia Happens

      Avoid ?natural? cognitive decline

      Avoid Negative Mental Conditioning

      Twitch and Click will change your brain

      Constant interruptions are a mental impairment

      Stop Interruptions to decrease mistakes

      Old World / Kaiser Focus

      Are you as focused as a Kaiser worker?

      Our mind does not want to go back to work after an interruption

      What was focus in the Old World

      Consider Interruption Management

      Prevention/Detection/Treatment

      Physical issues that impair

      Sitting is the new smoking

      Improved eating and activity does not need to be extreme

      Course Credit per State


      AK - : 1.0 Credits
      AL - On-Demand: 1.0 Credits
      AZ - : 1.0 Credits
      CA - Competence Issues: 1.0 Credits
      CO - : 1.2 Credits
      MO - : 1.22 Credits
      MS - General: 1.0 Credits
      MT - : 1.0 Credits
      ND - : 1.0 Credits
      NJ - General: 1.2 Credits
      NV - Substance Abuse: 1.0 Credits
      NY - General: 1.0 Credits
      OH - Attorney Conduct: 1.0 Credits
      PA - : 1.0 Credits
      TN - General: 1.02 Credits
      TX - General: 1.0 Credits
      WV - Substance Abuse: 1.22 Credits

      Course Presenter(s)

      Steven A Nielsen
      Mr. Nielsen is a U.S. registered patent attorney with many years of experience in obtaining patents and achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the current chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his JD in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
        Course Price:
      $19.99
       
       

      Recent Developments in Patent Law

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      Recent Developments in Patent Law Details


      Price:
      $19.99

      Course Description

      Patent trends are not only of interest to registered patent attorneys. While only registered patent attorneys may file patent applications for others, ANY attorney may try a patent case: In addition, patents are in the news on a daily basis, and those who are knowledgeable can better serve existing clientele and attract new clients. In this program, Mr. Nielsen reviews the recent flurry of important new laws and cases and discusses and their potential impact in the years ahead.

      Course Agenda

      • First to File vs. First to Invent under the New AIA Act
      • The Death of Means Plus Function Claim Limitations
      • Doctrine of Claim Equivalents On the Rise to Expand Patent Liability
      • Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
      • Filing Patent Applications in Other Countries Introduction and Overview and Patent Trends
      • The America Invents Act: Amends 35 USC et seq. ?First to File.? Other AIA Highlights
      • The Death of Means plus Function Claim Limitations: 35 USC Sec. 112(f)
      • Doctrine of Claim Equivalents On the Rise to Expand Patent Liability: 50% Reversal Rate of District Court
      • Do Patent Trolls or Non Practicing Entities Create a Valuable Secondary Market for Patents?
      • Filing Patent Applications in Other Countries: Strategies and Costs: Placeholders, WIPO, Patent Cooperation Treaty (PCT), European Patent Office (EPO)
      • Practice Pointers plus Q&A ? Why some claims are rejected, know the rules and how the system works to avoid rejection. Tips for clients.

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      KY - General: 1.0 Credits
      MO - Self Study: 1.2 Credits
      MS - General: 1.0 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NJ - General: 1.2 Credits
      NV - General: 1.0 Credits
      NY - General: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.0 Credits
      TX - General: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Steven A Nielsen
      Mr. Nielsen is a U.S. registered patent attorney with many years of experience in obtaining patents and achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the current chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his JD in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
        Course Price:
      $19.99
       
       

      Straight Talk: Social Media Ethics and Attorneys

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      Straight Talk: Social Media Ethics and Attorneys Details


      Price:
      $19.99

      Course Description

      This one-hour course will begin with an explanation of why it?s important for attorneys to understand social media and how they can avoid the ethical issues that can arise from the misuse or misunderstanding of social media networks. Deborah Gonzalez will explain how Individuals have lost jobs, been disbarred, been disciplined, lost cases, lost clients, lost money, lost their reputation, lost their good standing in their communities, etc., because they didn?t know how to use social media. Debora will also cover various state bar opinions/statements about social media, as well as specific ABA Model Rules that attorneys should be especially aware of while using social media.

      Course Agenda

      • Why is it important to know this?
      • What is Social Media?
      • What Social Media do attorneys use?
      • Why do attorneys use Social Media?
      • Social Media in Legal Practice
      • Social Media and Legal Ethics
      • Q&A

      Course Credit per State


      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.24 Credits
      GA - Ethics: 1.0 Credits
      IN - Ethics: 1.0 Credits
      KS - Ethics: 1.0 Credits
      KY - Ethics: 1.0 Credits
      NC - Professional Responsibility: 1.0 Credits
      NH - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      OH - Attorney Conduct: 1.0 Credits
      PA - Ethics: 1.0 Credits
      SC - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      TX - Ethics: 1.0 Credits
      UT - Ethics: 1.0 Credits
      VA - Ethics: 1.0 Credits
      WI - On-Demand: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

      Deborah Gonzalez

      Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

      Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

      Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

      Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

        Course Price:
      $19.99
       
       

      The Cyber Threat Landscape: A Clear and Present Danger to Law Firms

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      The Cyber Threat Landscape: A Clear and Present Danger to Law Firms Details


      Price:
      $19.99

      Course Description

      Modern warfare is no longer fought on traditional battlefield terrain. It takes place from behind the lines, from secure buildings and with sophisticated and dangerous weapons of technology. Although U.S. Governmental agencies and large corporations have been the most frequent targets, more and more, law firms have experienced malicious attacks from afar which continue to expose client and other vital law firm information. This program addresses the cyber-warfare landscape, recent cases, common risks and best solutions.

      Course Agenda

      • Case studies
      • Hacking in General
      • Cyber-Warfare
      • State-sponsored and Independent Groups
      • Theft of Intellectual Property
      • Preventive Measures for Attorneys, Law Firms, Companies and Clients

      Ethical Duty to Zealously Guard Client Secrets: Is your clients? information safe and secure from hackers?

      Security Challenges: Advanced Persistent Threat: Review of Data Loss by Particular Industries, Causes and by Country.

      The Problem: The Age of the Anti-Virus is gone and presents a false sense of security. Malware, use of valid credentials by intruders, 1 in 5 emails is illegitimate, time from earliest detection of compromise to detection is usually one year, malicious web links grew by 600%, 32% of malicious web links in social media used shortened web links.

      Major Threat Types and Security Challenges: Criminal, Hackers (Hacktivists), Economic Espionage and Nuisance (Botnets/Spam). Advanced Persistent Threats: A sophisticated attack that establishes and extends footholds within a targeted organization for the purpose of extracting information and; pursues its objectives repeatedly, adapts to defenders efforts to resist it and is determined to execute its objective.

      How to Detect Threats: The Risk of Personalization and Mobile Security.

      Cloud Security, Ransomware (?Trojan?), Smart Phone and Apps: Risky Browser analysis and comparisons, helpful tools for protection against cyber-attacks.

      Course Credit per State


      AK - Voluntary: 1.0 Credits
      AL - On-Demand: 1.0 Credits
      AZ - General: 1.0 Credits
      CA - General: 1.0 Credits
      CO - General: 1.2 Credits
      MO - Self Study: 1.2 Credits
      MS - General: 1.0 Credits
      MT - Self Study: 1.0 Credits
      ND - Self Study: 1.0 Credits
      NJ - General: 1.2 Credits
      NV - General: 1.0 Credits
      NY - General: 1.0 Credits
      OH - Self Study: 1.0 Credits
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.0 Credits
      TX - General: 1.0 Credits
      WV - General: 1.2 Credits

      Course Presenter(s)

      Albert Barsocchini
      Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
        Course Price:
      $19.99
       
       

      The Ethics of E Discovery

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      The Ethics of E Discovery Details


      Price:
      $19.99

      Course Description

      Model Rules of Professional Conduct 1.1 provides that "(a) lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." Experienced Discovery Counsel Albert Barsocchini discusses the evolution of Ethical Rules to now embrace developments in the world of E-Discovery. For example, Best Practices, as discussed, include the duties to know e-discovery or find someone who does, to guard against destruction of potentially relevant data, to disclose relevant non-privileged information without producing privileged material, to manage the process as well as the client, to cooperate with adversaries to address e-discovery issues and to communicate and document. He discusses the Federal Rules of Civil Procedure, Model Rules of Professional Conduct and California Bar Rules which implicate Ethical Obligations and offers numerous recommendations on how to meet ethical obligations in the e-discovery process, the duty to supervise vendors, how to avoid conflicts, confidentiality challenges and discovery goals. This program is a fast-paced and comprehensive overview of e-discovery ethical rules and obligations, coupled with concrete, sage advice from one of the nation?s foremost experts in this subject.

      Course Agenda

      • E-Discovery and Attorney Misconduct
      • E-Discovery Best Practices
      • FRCP and Model Rules of Professional Conduct (RCP) as basis for ethical conduct in litigation in federal courts.
      • Evidence Suppression
      • RPC - Candor
      • RPC - Mining for Metadata
      • RPC - Inadvertent Disclosure
      • California State Bar Ethics Opinion 11-0004: The Opinion addresses the impact of E-Discovery on a lawyer?s duty of competence. Multiple recommendations,
      • Duty to Supervise E-Discovery Vendors and to understand the offshore legal process.
      • Avoiding Conflicts
      • Confidentiality Challenges
      • Discovery Goal

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      MO - Ethics: 1.2 Credits
      MS - Ethics: 1.0 Credits
      MT - Ethics: 1.0 Credits
      ND - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      OH - Attorney Conduct: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      TX - Ethics: 1.0 Credits
      VA - Ethics: 1.0 Credits
      WV - Ethics: 1.2 Credits

      Course Presenter(s)

      Albert Barsocchini
      Albert Barsocchini is an internationally recognized expert in e-Discovery (patent litigation), international and national privacy and protection, compliance, audit and corporate investigations. He writes and lectures frequently on these topics.
        Course Price:
      $19.99
       
       

      The Privacy Paradox: First Amendment, Torts, and Privacy

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      The Privacy Paradox: First Amendment, Torts, and Privacy Details


      Price:
      $19.99

      Course Description

      This course explores the intersection of the First Amendment, torts, and privacy. This panel, made up of experienced attorneys in the field of civil litigation, civil liberties, and constitutional law, will discuss three recent Supreme Court decisions and the impact and implications to privacy for the average citizen.

      The panel will review Snydr v. Phelps, Sorrell v. IMS Health Inc. and United States v. Jones. In each case, the panel will present the background story, the case ruling, and provide commentary and analysis of the Supreme Court opinion. The next part of the panel discussion will examine whether tort law undermines privacy concerns. What are the effects of government intrusions on tort litigation? What are the underlying legal obligations? Who should decide the right balance of privacy costs versus safety benefits ? judges or legislatures? The course will end with a question and answer session, taking questions from the attending audience.

      Course Agenda

      RECENT SCOTUS OPINIONS

    • Snydr v. Phelps
      • Case Background
      • Case Opinion
      • Analysis and Commentary
    • Sorrell v. IMS Health Inc.
      • Case Background
      • Case Opinion
      • Analysis and Commentary
    • United States v. Jones
      • Case Background
      • Case Opinion
      • Analysis and Commentary

      TORT LAW VS. PRIVACY

    • How does Tort Law undermine privacy?
      • Negligence Law
      • Effects on government intrusions
      • Underlying legal duties
      • Classic examples
      • Weighing privacy costs vs. safety benefits
      • Weighing privacy costs vs. safety benefits: who?

      Course Credit per State


      AK - Voluntary: 1.75 Credits
      AL - On-Demand: 1.7 Credits
      AZ - General: 1.75 Credits
      CA - General: 1.75 Credits
      CO - General: 2.02 Credits
      FL - General: 2.0 Credits
      GA - Self Study: 1.5 Credits
      IL - General: 1.5 Credits
      IN - Distance Education: 1.7 Credits
      NJ - General: 2.2 Credits
      NV - General: 1.5 Credits
      NY - General: 2.0 Credits
      PA - Distance Learning: 1.5 Credits
      SC - General: 1.88 Credits
      TN - General: 1.68 Credits
      TX - General: 1.75 Credits
      UT - Self Study: 1.5 Credits
      WA - General: 1.75 Credits
      WV - General: 2.02 Credits

      Course Presenter(s)

      Simon Frankel

      A litigator with more than two decades of experience, Simon Frankel focuses his practice on copyright and trademark litigation, technology and Internet privacy disputes, and legal issues related to visual art. He is the chair of the firm?s Intellectual Property Rights practice group.

      Mr. Frankel?s intellectual property work includes anti-counterfeiting measures with U.S. Customs and Border Protection, right of publicity matters, and policy work before the U.S. Copyright Office in rule-making and related proceedings. He has been recognized as a leading intellectual property lawyer by several publications, including Best Lawyers and Benchmark Litigation.

      His other civil litigation work includes numerous licensing and technology disputes and consumer class actions, including unfair competition and false advertising claims under California Business and Professions Code Section 17200, and Internet privacy claims under the Electronic Communications Privacy Act and Computer Fraud and Abuse Act.

      Mr. Frankel is a recognized authority in the field of art law, where he has handled disputes involving cultural property claims, title disputes, moral rights claims, and resale royalties. On behalf of the Museum of Fine Arts, Boston, he won summary judgment in a dispute over ownership of a valuable Austrian Expressionist painting. Museum of Fine Arts, Boston v. Seger-Thomschitz (1st Cir. 2010).

      Cindy Cohn

      Ms. Cohn is the Legal Director for the Electronic Frontier Foundation as well as its General Counsel. She is responsible for overseeing the EFF's overall legal strategy and supervising EFF's twelve staff attorneys. Ms. Cohn first became involved with the EFF in 1995, when the EFF asked her to serve as the outside lead attorney in Bernstein v. Dept. of Justice, the successful First Amendment challenge to the U.S. export restrictions on cryptography. Outside the Courts, Ms. Cohn has testified before Congress, been featured in the New York Times, San Francisco Chronicle and elsewhere for her work on digital rights and has gone onto the Internet with Stephen Colbert.

      The National Law Journal named Ms. Cohn one of 100 most influential lawyers in America in 2006 for "rushing to the barricades wherever freedom and civil liberties are at stake online," and again in 2013, noting: "[I]f Big Brother is watching, he better look out for Cindy Cohn." In 2007 the National Law Journal named her one of the 50 most influential women lawyers in America. In 2010 Intellectual Property Section of the State Bar of California awarded her its Intellectual Property Vanguard Award and in 2012 the Northern California Chapter of the Society of Professional Journalists awarded her the James Madison Freedom of Information Award.

      Tom Goldstein

      Mr. Tom Goldstein was a founding partner of Goldstein and Howe (now Goldstein & Russell), a Washington, D.C. firm specializing in Supreme Court litigation, and was, until the end of 2010, a partner at Akin Gump, where he was co-head of the litigation and Supreme Court practices. He has since returned to his previous firm.

      In 2003, he co-founded SCOTUSblog, the most widely read blog covering the Supreme Court, and remains the publisher and occasional contributor, providing analyses and summaries of Supreme Court decisions and cert petitions. Tom teaches Supreme Court Litigation at Harvard Law School and previously taught at Stanford Law School as well from 2004-2012.

      Jeffrey Rosen

      Jeffrey Rosen is a professor of law at The George Washington University and the legal affairs editor of The New Republic. His most recent book is The Supreme Court: The Personalities and Rivalries that Defined America. He also is the author of The Most Democratic Branch, The Naked Crowd, and The Unwanted Gaze. Rosen is a graduate of Harvard College, summa cum laude; Oxford University, where he was a Marshall Scholar; and Yale Law School.

      Professor Rosen's essays and commentaries have appeared in the New York Times Magazine, The Atlantic Monthly, on National Public Radio, and in The New Yorker, where he has been a staff writer. The Chicago Tribune named him one of the 10 best magazine journalists in America and the L.A. Times called him, "the nation's most widely read and influential legal commentator."

      Eugene Volokh

      Eugene Volokh teaches free speech law, criminal law, tort law, religious freedom law, and church-state relations law at UCLA School of Law, where he has also often taught copyright law and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit.

      Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 20,000 visits per weekday.

        Course Price:
      $19.99
       
       

      The Reduction of Bias in the Legal Profession

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      The Reduction of Bias in the Legal Profession Details


      Price:
      $19.99

      Course Description

      Most attorneys and law offices are aware of the electronic threats that face them, their information and their clients? information. However, most attorneys, and their staffs, are unsure of what to do about these threats and risks. This program provides an understanding of the sources of these threats, how they work, and what can be done in the event that security is, indeed, breached. Most importantly, this presentation provides concrete steps on how to implement an effective, proactive plan on how to prevent and avoid these security problems.

      Course Agenda

      • Virus types
      • How viruses work
      • The relationship between virus protection and firewalls
      • Virus Protection
      • Secure Email
      • Workstation Security
      • Firewalls
      • Internet & Email Security Policies
      • What is the risk?
      • Security threat sources
      • What to look for in your security system
      • What to do if you encounter a security problem
      • Formulating a plan for a secure system
      • Future challenges to computer security for law offices

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AL - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Elimination of Bias: 1.0 Credits
      CO - Ethics: 1.2 Credits
      MO - Ethics: 1.24 Credits
      MS - General: 1.0 Credits
      MT - Ethics: 1.0 Credits
      ND - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      OH - Attorney Conduct: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TN - General: 1.03 Credits
      TX - Ethics: 1.0 Credits
      WV - Ethics: 1.0 Credits

      Course Presenter(s)

      Steven A Nielsen
      Mr. Nielsen is a U.S. registered patent attorney with many years of experience in obtaining patents and achieving favorable results in federal court in the field of intellectual properly litigation. Mr. Nielsen is the current chairperson of the Intellectual Property Section of the Marin County Bar Association. Mr. Nielsen received his JD in 1987 from Boalt Hall, University of California at Berkeley and also holds a B.A. in Computer Science.
        Course Price:
      $19.99
       
       

      What Every Lawyer Should Know About Cyber Security

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      What Every Lawyer Should Know About Cyber Security Details


      Price:
      $19.99

      Course Description

      This informative presentation will cover current cyber security risks that affect today's attorneys, their firms, and clients. Deborah Gonzalez will begin by covering the basics of online security before delving deeper into the major cyber threats awaiting attorneys and their firms in a new and fast changing digital world. She will discuss critical issues, such as the importance of cyber security awareness, so that attorneys will have a better understanding of cyber vulnerabilities, as well as what security measures they can take to minimize risk and provide a reasonable level of security. Deborah will also cover issues such as ethical obligations, which may be compromised by a lack of understanding or preparation when it comes to protecting sensitive, confidential information.

      Course Agenda

      Setting the Context

      • How many lawyers out there log into secure accounts while using the free Wi-Fi at a local coffee shop?
      • How many click on links in emails that say "Is this really a picture of you?!!"
      • How many use an easy-to-guess password?
      • How many don't bother to log out of their office computer while they go to lunch?
      • How many leave it open overnight?
      • How many use the same easy-to-guess password for all their online accounts?

      New world full of digital threats:

      • Breaches, Hacks, Social Engineering
      • Online risks:
      • Reputational, Operational, Legal
      • Consequences:
      • Financial, Compliance Penalties, Loss of Trust

      What are you protecting?

      • Case and/or litigation strategy information
      • Confidential client business information
      • Attorney-client privileged communications and other legally privileged information
      • Client intellectual property
      • A range of personally identifiable information (PII) of all kinds for employees, clients and third parties and
      • Financial information, i.e. payment card information

      Who creates the risk?

      • You
      • Your partners
      • Other attorneys/associates in your firm
      • Opposing Counsel
      • Interns/Clerks (Students)
      • Paralegals
      • Other Staff in your firm
      • Clients
      • Thieves
      • Hackers
      • Crackers
      • Cyberterrorists
      • Cyber Smearers
      • Competitors
      • Industrial Spies
      • Foreign Governments
      • Our Government - NSA
      • Politicians
      • Unknown Entities

      I'm too Small Defense

      • "Size" is not the answer.
      • This is an issue for big firms, mid-size firms, small firms and solo practitioners.
      • It is not about us - it is about our clients - and all size firms have all size clients.
      • According to a study conducted by Symantec, whenever your laptop, USB thumb drive, or smart phone's data is
      • breached (i.e., your client's data), it costs on average $136 for each record that is stolen or $5.4 million per incident.
      • http://www.irisds.com/why-your-law-firms-data-may-not-be-as-secure-as-you-think/, 2014.

      Why do these happen?

      • On Your Side:
        • Not being prepared.
        • Assuming everyone knows how to secure their devices/data.
        • Assuming your IT department has taken care of it.
        • Not being aware of potential risks. For example: Free Wi-Fi.
      • On Their Side:
        • Financial Gain
        • Disclosure/Revelation
        • Curiosity/Thrill Seeking
        • Espionage/Competition/Gain Trade Secrets
        • Revenge
        • Disruption
        • Extortion
        • Publicity
        • Malice

      What can you do?

      • First, understand that your duty is for reasonable security, not absolute security. No one can guarantee
      • that.
      • Second, learn and be aware of what can happen and what you can do to prevent and protect as much as possible.
      • Know your data
      • Know your organization
      • Know your people
      • Know your providers
      • Know the law
      • Manage your risks
      • Have strong policies and procedures to govern data collection, access, storage, etc.
      • Install effective antivirus/SPAM protection
      • Encryption
      • Have an incident response procedure
      • Backup your systems regularly
      • Review your confidentiality policy
      • Train your staff
      • Cyber Security Awareness
      • Passwords, Two-Factor Authentication; biometrics
      • Phishing Scams, etc.
      • Use of External Flash Drives
      • Review your cloud storage provider agreement and the provider's security controls
      • ISO 27018- Data Protection Standards for the Cloud

      Who is a Cloud Provider?

      Considerations for Cloud Providers

      What can you do?

      Audits/Assessments:

      • Risk Identification
      • Risk Assessment/Analysis
      • Risk Mitigation
      • Risk Response Plan
      • Risk Management

      Understanding Cyber Vulnerabilities

      • Phishing Emails
      • Social Engineering
      • Masquerading
      • Phantom Wi-Fi or Evil Twin Networks
      • Water-Hole Attacks
      • App Malware

      Protection

      • Insurance Types
      • E&O
      • Cyber liability
      • Network security Liability
      • Insurance Coverage
      • Liability
      • Remediation
      • Fines and/or penalties

      Ethical Obligations

      • ABA Model Rule 1.1 Duty of Competency
      • It includes competency in selecting and using technology.

      ABA Model Rule 1.4 Duty Governing Communications

      ABA Model Rule 1.6 Duty of Confidentiality

      ABA Model Rule 5.1 Responsibilities of a Partner or Supervising Lawyer

      ABA Model Rule 5.3 Responsibilities Regarding Non-lawyer Assistant

      Special Considerations for Corporate Counsel

      10 Point Agenda by Hogan Lovells (2012 - but still very relevant)

        Fulfill Fiduciary Duty of Board and Management

        Address Disclosure Obligations and Appropriate Communications

        Guide Participation in Public-Private Partnerships and Law Enforcement Interactions

        Achieve Regulatory Compliance

        Provide Counsel to Cyber-security Program

        Prepare to Handle Incidents and Crisis

        Manage Cyber-security Related Transactional Risk

        Effectively Use Insurance

        Monitor and Strategically Engage in Public Policy

        Discharge Professional Duty of Care

        Course Credit per State


        AK - Voluntary: 1.0 Credits
        AZ - General: 1.0 Credits
        CA - General: 1.0 Credits
        CO - General: 1.3 Credits
        MO - Self Study: 1.3 Credits
        MT - Self Study: 1.0 Credits
        ND - Self Study: 1.0 Credits
        NJ - General: 1.3 Credits
        NY - General: 1.0 Credits
        TX - General: 1.0 Credits
        WV - General: 1.3 Credits

        Course Presenter(s)

        Deborah Gonzalez

        Deborah Gonzalez, Esq. is the founder of Law2sm, LLC, a new legal consulting firm focusing on helping its clients navigate the legal issues relating to the new digital and social media world.

        Deborah graduated from New York Law School. Following graduation, she built a successful boutique practice in New York City, focusing on the arts, music and entertainment scene. In 2007, Deborah relocated to Georgia where she was employed by the University System of Georgia. In 2008 she was granted reciprocity to practice law in Georgia.

        Deborah's practice has taken her from an inner-city arts community center in NYC to a sidewalk café in Eastern Europe; from preparing programs for diplomats in the EU to assisting medical missions with refugee communities in Thailand; from protecting against music piracy in the US to protecting against bio-piracy in South America. And now it is transporting her beyond the Internet to the social space where the physical and digital dimensions of her clients co-exist and where she can leverage her legal expertise to their benefit.

        Deborah enjoys engaging with those around her - so social media is a natural fit. But it is her skill in being able to connect the dots to understand the next big paradigm shift in global communication and legal application that makes her a leader in social media law. Deborah serves as Chair of the GA Bar Association's Annual Program on Social Media and the Law and serves as a social media legal liaison for social media marketing companies and their clients (such as Chick-fil-A and Nestle). In addition, Deborah speaks on the legal issues relating to intellectual property; art, music, and digital entertainment law; and social media legal trends and practices in various venues throughout the United States and abroad.

        Course Price:
      $19.99
       
       

      What's Wrong with SOPA

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      What's Wrong with SOPA Details


      Price:
      $34.99

      Course Description

      What's Wrong With SOPA? The Stop Online Piracy Act (SOPA, H.R. 3261) is a controversial new "anti-­‐piracy" bill recently debated in the House of Representatives. Supporters claim that SOPA targets "rogue" foreign websites that encourage online infringement, but the bill's vague language could adversely affect free speech, eliminate due process, and undermine Internet infrastructure security.

      This course explores the potential impact of SOPA on individuals and organizations in the U.S. This panel, made up of experienced technology attorneys and professionals, discusses the potential efficacy of the legislation versus the unintended consequences of the statute. SOPA has the potential to give individuals and corporations unprecedented power to silence speech online. Under SOPA, individuals and corporations could send a notice to a site's payment partners, requiring those partners to cut the site off - even if the site could never be held liable for infringement in a U.S. court. SOPA gives the government more power to censor. The Attorney General can "disappear" websites by creating a blacklist and requiring service providers (such as search engines and domain services) to block the sites on the list. SOPA uses vague language that has the potential to be abused. The bill targets nearly any site, both foreign and domestic, that hosts user-generated content, or even just has a search function. This panel will discuss the potential impact of SOPA on Silicon Valley, the concerns that have been voiced by legal scholars, technology companies, entrepreneurs, engineers and venture capitalists, and what the technology sector can do to make a difference in the outcome of this bill.

      Course Agenda

      What's Wrong with SOPA?

    • Unintended consequences
    • Free speech issues
    • Due process issues
    • Internet security issues
    • Hinders tech startups
    • Who Supports SOPA?

    • Hollywood
    • Music Industry
    • Big Pharma
    • What Does SOPA Do?

    • DNS Blocking
    • Search removal
    • Shut down payment accounts
    • Refuse ad placement and payment
    • SOPA Issues

    • Definition of infringing site
    • Broad definition of "facilitate"
    • Full site take down policy
    • Over-enforcement issues
    • Free speech restrictions
      • Single Strike Termination Notice (§ 103)
    • Due Process
      • AG's discretion
      • Site takedown before hearing
      • ISP immunity clause

      SOPA Efficacy

    • Will SOPA stop online piracy?
    • Enforcement challenges
    • Technology run-arounds
    • Online Privacy Solutions

    • Technology vs. legislation
      • Case Study: iTunes
      • Case Study: Netflix

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AL - On-Demand: 2.0 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.42 Credits
      FL - General: 2.5 Credits
      IL - General: 2.0 Credits
      IN - Distance Education: 2.0 Credits
      MO - Self Study: 2.4 Credits
      MT - Self Study: 2.0 Credits
      ND - Self Study: 2.0 Credits
      NJ - General: 2.4 Credits
      NY - General: 2.0 Credits
      PA - Distance Learning: 2.0 Credits
      TN - General: 2.02 Credits
      TX - General: 2.0 Credits
      VT - Self Study: 2.0 Credits
      WA - General: 2.0 Credits
      WV - General: 2.42 Credits

      Course Presenter(s)

      Anthony Falzone

      Mr. Falzone is Executive Director of the Fair Use Project at the Center for Internet and Society. As an intellectual property litigator, he has defended artists, writers, publishers, filmmakers, musicians, record labels and video game makers against copyright, trademark, rights of publicity and other intellectual property claims. Tony represents conductor Lawrence Golan in his challenge to Congress's constitutional power to remove works from the public domain, which he argued before the Supreme Court of the United States.

      Mark A. Lemley

      William H. Neukom Professor of Law, Stanford Law School, the Director of the Stanford Program in Law, Science and Technology, and the Director of Stanford's LLM Program in Law, Science and Technology. Mr. Lemley teaches intellectual property, computer and Internet law, patent law, and antitrust. He is the author of seven books (most in multiple editions) and 119 articles on these and related subjects, including the two-volume treatise IP and Antitrust.

      Fred von Lohmann

      Mr. Lohmann is Senior Copyright Counsel at Google. Before joining Google in July 2010, Fred was a senior staff attorney with the Electronic Frontier Foundation, specializing in intellectual property matters. Fred has received the California Lawyer of the Year Award, the American Library Association's 2010 L. Ray Patterson Copyright Award and recognition as one of 2010's "25 Most Influential People in IP" by both The American Lawyer and Billboard magazines.

      David Ulevitch

      Mr. Ulevitch is a founder and current CEO of OpenDNS. He was named one of BusinessWeek Magazine's "Most Promising Entrepreneurs Under 30". In the time since its 2006 launch, OpenDNS has become the world's largest and fastest-growing DNS service provider. Today the company helps millions of people around the world, including students and employees at tens of thousands of schools and businesses, navigate the Internet safer, faster, smarter and more reliably.

      Albert Wenger

      Mr. Wenger is currently a Partner at Union Square Ventures. As an entrepreneur, he has founded or co-founded five companies, including a management consulting firm (in Germany), a hosted data analytics company, a technology subsidiary for Telebanc (now E*Tradebank), an early stage investment firm, and most recently (with his wife), DailyLit, a service for reading books by email or RSS. Albert also served as the president of del.icio.us through the company's sale to Yahoo.

      Josh Mendelsohn

      Mr. Josh Mendelsohn is currently a Partner at the Hattery and is a veteran of a number of Silicon Valley companies. Mr., Mendelssohn?s career has been largely focused on startups and nonprofits and helping them scale to support growing customer and user bases. Previously, Josh spent six years as a Program Manager at Google after starting his career with the Federal Government at the Department of the Treasury and Department of Defense. Josh has an A.B. in Government from Harvard University.

      Paul Vixie

      Mr. Paul Vixie is the Chairman and Chief Scientist at the Internet Systems Consortium. He authored the standard UNIX system programs SENDS, proxynet, rtty and Vixie cron. In 1988, while employed by the Digital Equipment Corporation, he started working on the popular Internet domain name server BIND, of which he was the primary author and architect, until release 8. After he left DEC in 1994, he founded Internet Software Consortium (ISC) together with Rick Adams and Carl Malamud to support BIND and other software for the Internet.

        Course Price:
      $34.99
       


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