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A Modern Look at Contractors v. Employees

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A Modern Look at Contractors v. Employees Details


Price:
$19.99

Course Description

Whether you're a business owner concerned with making the right distinctions when engaging people to work with/for you, or a lawyer responsible for advising clients on the contractor v. employee distinction, this presentation could save you a lot of grief and money down the line.

Marin County-based employment lawyer Diana Maier and Carlos E. Torres, a Hearing Officer for the California Division of Labor Standards Enforcement (DLSE), discuss which factors matter most in deciding how to classify workers in light of recent legal decisions that are shifting those factors. In addition to covering a broad overview of the contractor v. employee debate, they also discuss ethical considerations for lawyers considering the question of contractor classification, and assess whether the sharing economy is due for extinction in light of recent rulings against companies such as Uber.

Course Agenda

Frequent Terms and Their Meanings
  • Principal versus Employer
  • Worker/Contractor/Consultant versus Employee
Central Questions
  • What are some ethical considerations to keep in mind as we review the material?
  • Why are we here?
  • Factors in classification
  • Advantages and disadvantages of each classification
  • How does the government know/find out?
  • What are the penalties if you get it wrong?
  • What do you do to protect yourself?
Sharing Economy
  • What is the sharing economy?
  • Worker classification ? independent contractor
  • Classification lawsuits
    • Lyft, uber, washio, homejoy, shyp, postmates, instacart, handy
Ethical Issues Revisited
  • Ethical considerations
    • Model rules of professional conduct
    • Rule 2.1 ? advisor
  • Given that this is a subjective standard, what ethical considerations exist for attorneys who need to advise others about this? Complicated by the fact that 1099 is less expensive.
  • Do you pick the argument most conducive to the business and just go with that?
  • How do the political/social factors come into play?
  • Are there law and policy objectives lawyers have a duty to protect?
  • If there are, has current law accomplished those, or have we gone too far?
Cases: Practicing the Material
  • Case #1: Client Engaging New Service Providers
  • Case #2: Corporate Employer
  • Case #3: Domestic Employer
Wrap Up
  • Standard is subjective ? makes it a tricky ethical issue for lawyers
  • Government prefers employee status
  • Back up a decision to make someone a contractor by making a file, contract, etc. and know there?s a risk
  • Government most often finds out via an obstructed claim, but there are many ways
  • Recent indications show government is only going to get more strict in enforcement

Course Credit per State


CA - General: 1.0 Credits
CO - General: 1.2 Credits
ME - Self Study: 1.0 Credits
NJ - General: 1.2 Credits
NY - General: 1.0 Credits
PA - Distance Learning: 1.0 Credits
TX - General: 1.0 Credits
VA - General: 1.0 Credits
WA - General: 1.0 Credits

Course Presenter(s)

Diana Maier

Diana Maier is an employment and privacy law expert who founded The Law Offices of Diana Maier, PC, a San Francisco Bay Area company that provides exceptional customer service in privacy and employment law. Diana and her team advise companies on the legality of their workplace privacy and employment practices, litigate cases when needed, and conduct workplace investigations. Diana is certified in both European Union and US privacy laws and is a fluent Spanish-speaker.

Diana attended Stanford Law School and graduated in 1998. She received a Bachelor of Science in Foreign Service, magna cum laude, from Georgetown University in 1992.

Diana began her legal career as a Public Defender for Santa Clara County, where she spent each day in the courtroom defending misdemeanor, felony, and three strike cases. She enjoyed great success in winning trials for her clients and felt that she had found her ?calling? in life. But in 2003, Diana decided to transition to a career that was more sustainable for family life, and she began practicing employment law. She joined forces with the plaintiffs? employment law firm Bushnell, Caplan & Fielding, LLP, which later became Bushnell, Caplan, Fielding & Maier, LLP. Diana left the firm in 2008 in order to launch the Law Offices of Diana Maier and focus more on the defense side of employment work, particularly litigation preventative work.

In early 2013, Diana began working as outsourced In-House Counsel for Labor and Employment and Privacy Law for Quantum Corporation in Silicon Valley. To handle this role more skillfully, Diana earned two privacy credentials, CIPP/US and CIPP/E, through the International Association of Privacy Professionals (IAPP). Diana?s CIPP/US and CIPP/E certifications represent her dedication to thoroughly understanding global privacy laws for the benefit her clients. By knowing and applying privacy and data protection laws and regulations in the United States and Europe, Diana is able to ensure privacy compliance on a global scale.

Diana is a frequent speaker and writer on an enormous range of topics in employment and privacy law. She presents a quarterly public webinar (which can be found on her website under ?Lunchtime Legal Chats?) and also frequently speaks to the Marin County & San Francisco Bar Associations, as well as numerous non-attorney organizations. She has been published in The Recorder, the ABA Journal, and countless online publications, and she is often cited as an expert in news stories pertinent to employment and privacy law. You can find handouts from her presentations and articles featuring her at www.dianamaierlaw.com/resources. Diana is the former Chair of the Marin County Bar Association Labor and Employment section, and she serves as an advisor in the areas of employment law and privacy to Casetext, a legal start-up organization in Silicon Valley.

Diana's legal hobbies are blogging on employment and privacy law issues and exploring the practice of compassionate law, the idea that lawyers can be problem solvers and healers of conflict rather than just combatants for hire. Diana especially enjoys serving on the Board and heading up the Fundraising Committee of OneJustice, a California based legal non-profit that provides legal services to marginalized populations who otherwise wouldn?t have access to an attorney.

You can read Diana?s blog at www.dianamaierlaw.com/employment-and-privacy-law-blog-by-diana-maier/ and also read about her talented staff at www.dianamaierlaw.com/about/staff-bios/. Her email is diana@dianamaierlaw.com, and her phone number is 415-515-1707. In addition, you can find her on LinkedIn and on Twitter under @DianaMaierLaw, to name just a few social media sites where Diana likes to ?hang out? and talk law.

  Course Price:
$19.99
 
 

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
    IL - 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
    VT - Self Study: 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
    IN - Distance Education: 1.0 Credits
    MO - Self Study: 1.2 Credits
    MT - 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
    SC - General: 1.0 Credits
    TN - General: 1.02 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 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
     
     

    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
    FL - General: 2.5 Credits
    GA - Self Study: 2.0 Credits
    IL - General: 2.0 Credits
    KS - General: 2.5 Credits
    MO - Self Study: 2.48 Credits
    MS - General: 2.1 Credits
    MT - Self Study: 2.0 Credits
    NC - General: 2.0 Credits
    ND - Self Study: 2.0 Credits
    NH - General: 2.0 Credits
    NJ - General: 2.5 Credits
    NV - General: 2.0 Credits
    NY - General: 2.0 Credits
    OH - Self Study: 2.0 Credits
    OK - Distance Learning: 2.5 Credits
    PA - Distance Learning: 2.0 Credits
    SC - General: 2.06 Credits
    TN - General: 2.07 Credits
    TX - General: 2.0 Credits
    UT - Self Study: 2.0 Credits
    VA - General: 2.0 Credits
    VT - Self Study: 2.0 Credits
    WA - General: 2.0 Credits
    WI - On-Demand: 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
    FL - Ethics: 1.0 Credits
    GA - Ethics: 1.0 Credits
    IL - Ethics: 1.0 Credits
    IN - Ethics: 1.1 Credits
    KY - Ethics: 1.0 Credits
    MT - Ethics: 1.0 Credits
    NC - Professional Responsibility: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NH - Ethics: 1.0 Credits
    NJ - Ethics: 1.3 Credits
    NV - Ethics: 1.0 Credits
    NY - Ethics: 1.0 Credits
    OH - Attorney Conduct: 1.0 Credits
    PA - Ethics: 1.0 Credits
    SC - Ethics: 1.08 Credits
    TN - Dual: 1.08 Credits
    TX - Ethics: 1.0 Credits
    UT - Ethics: 1.0 Credits
    VA - Ethics: 1.0 Credits
    WA - 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
     
     

    Credit Damages and their Application in Cases: An Overview

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    Credit Damages and their Application in Cases: An Overview Details


    Price:
    $19.99

    Course Description

    Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage. The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters. This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).

    As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should learn how to identify such damages and undertake a credit damage investigation whenever a significant monetary loss appears to have occurred. This program examines credit report issues and credit reputation damage compensation and helps attorneys identify these potential damages in a wide variety of cases.

    Course Agenda

    • Why are ?Client Credit Damages? important? The ability to identify and assess a client?s credit damages can increase the value of a damage demand significantly in litigation matters.
    • Statutes: In California, the applicable statute is California Code of Civil Procedure Section 3333. Other states may have similar statutes.
    • When do Credit Damage and Loss of Credit Reputation Occur? Definition: Credit damage and loss of credit reputation can occur when misconduct by a third party results in negative information appearing on a credit report that leads to an individual or business to lose access to credit that was available prior to the damage.
    • Typical LossesInvolved: This damage can result in increased out-of-pocket costs, loss of credit capacity and loss of credit expectancy (the inability to obtain any new credit or new credit at the same interest rate category as pre-injury).
      • Examples of Credit Damage and Loss of Credit Reputation.
      • Typical cases where Credit Damage May Apply:
      • Personal injury
      • Improper real estate transactions
      • Identity theft
      • Breach of contract
      • Fraud
      • Malpractice (i.e., legal, medical)
      • Mortgage delinquency/modification programs
      • Health insurance coverage rescission
      • Contested divorce
      • Partnership disputes
    • Complaints from Clients: Examples and How to Increase Awareness of Attorneys to Credit Damage
    • Example: Property Owner?s Insurance Claim Ignored by Insurer
    • Example: Contested Divorce
    • Credit Reputation Damage As a Special Injury: Case Law
    • Need to Include Credit Reputation Damage in Damage Demands
    • Typical Indicators
    • Assessing Credit Damage Demand
    • Questions to ask clients. Consumer Credit Reports.
    • What Can Be Used in Court?
    • What Subscriber Credit Reports Reveal
    • Measuring Credit Reputation Damages
    • Conclusion: As credit reputation damages become more common, courts are rejecting the defense?s "subjective" argument and allowing credit reputation damage as a general or special injury. Attorneys should undertake a credit damage investigation whenever a significant monetary loss appears to have occurred.
    • Review: Questions and Answers

    Course Credit per State


    CA - General: 1.0 Credits
    NJ - General: 1.2 Credits
    NY - General: 1.0 Credits
    VA - General: 1.0 Credits
    WA - General: 1.0 Credits

    Course Presenter(s)

    Georg Finder

    Georg Finder, an Orange County, CA Independent Credit Evaluator (ICE), is an expert on credit reporting violations and credit damage measurement. He has more than 20 years of experience evaluating credit reports and has appeared as an expert witness for both plaintiff and defense. He is an expert on credit report issues and credit reputation damage compensation and teaches a certified Credit Damages Assessor (CDA) program through the Financial Education Academy.

    James Ellis Arden

    James Ellis Arden is an attorney in California who on litigation and appeals involving civil procedure and attorney malpractice issues. He is rated AV-preeminent by Martindale-Hubbell. Arden writes andlectures on legal practice, technology, and ethics. He authors the ?TechnoEthics? column in GPSOLO magazine, published by the ABA General Practice, Solo and Small Firm Division. Arden is a member of the Association of Professional Responsibility Lawyers (APRL), the Professional Responsibility and Ethics Committee (PREC) of the Los Angeles County Bar Association, and the California State Bar Committee on Professional Liability Insurance (COPLI). In the olden days, he studied psychology and computer programming.

      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
    FL - General: 1.5 Credits
    GA - Self Study: 1.2 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.2 Credits
    KY - General: 1.25 Credits
    MO - Self Study: 1.4 Credits
    MT - Self Study: 1.25 Credits
    ND - Self Study: 1.25 Credits
    NH - General: 1.0 Credits
    NJ - General: 1.4 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    OH - Self Study: 1.25 Credits
    OK - Distance Learning: 1.5 Credits
    SC - General: 1.16 Credits
    TN - General: 1.17 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits
    VA - General: 1.0 Credits
    WA - General: 1.25 Credits
    WI - On-Demand: 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
     
     

    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


      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
      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: 1.4 Credits
      MS - General: 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
      PA - Distance Learning: 1.0 Credits
      SC - General: 1.0 Credits
      TN - General: 1.0 Credits
      VT - Self Study: 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
       
       

      Drafting Software Development Agreements

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      Drafting Software Development Agreements Details


      Price:
      $19.99

      Course Description

      This session provides an overview of the practice of drafting and negotiating software development agreements. Topics to be covered include: pros and cons of waterfall vs. agile approaches to software development; myths of SDAs; SDA clauses of interest; term definitions; warranties; intellectual property concerns; breach of contracts and possible remedies; negotiation styles; negotiation tips for SDA?s; and a list of resources for future reference, including SDA examples and checklists.

      Course Agenda

      • Software Development
      • Waterfall vs. Agile Software Development
      • Agreement Components
      • The Software Development Agreement (SDA)
      • Myths of SDA?s
      • Contract Requirements
      • SDA Clauses of Interest
      • Points of Interest
        • Definitions
        • Pricing/Payment
        • Exclusivity Clauses
        • Disclosure/Confidentiality Requirements
        • Security Clauses
        • Indemnity Clauses
        • Assignments
        • Termination
        • State Law Jurisdiction
        • Warranties
        • Insurance
        • IP Issues
        • Make it present tense ?hereby assigns? not future tense
        • ?Work for hire? language is ineffective without a specific transfer of the copyrights
        • Sublicensing, Transferability
        • What about a merger? Can that breach non-assignment provisions?
        • In US: each joint copyright owner may commercialize a copyrighted work WITHOUT their joint owner?s consent, but must account for licensing royalties and may not destroy the value of the work.
        • Address this in your SDA.
        • IP Issues
        • Software Escrow
        • Breach of Contracts
        • Remedies
        • Negotiating Tips

        Course Credit per State


        NJ - General: 1.2 Credits
        NY - General: 1.0 Credits
        VA - General: 1.5 Credits
        WA - General: 1.25 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
       
       

      Ethical Issues in EB-5 and DACA Cases

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      Ethical Issues in EB-5 and DACA Cases Details


      Price:
      $19.99

      Course Description

      In this presentation, David B. Gardner, who is a specialist in immigration law in California, will be speaking on ethical issues involving EB-5 (the immigrant investor visa program) and DACA (Deferred Action for Childhood Arrivals) cases, which are very relevant and pertinent issues in immigration law practice today. He will discuss how the government has attempted to fairly regulate the foreign investor visa industry, and some of the major difficulties that have arisen in doing so.

      Course Agenda

      • The EB-5 Visa
      • Direct Investment
      • Regional Centers
      • EB-5 Market
      • Ethical Dilemma
      • Scope of Representation
      • Regional Center
      • Investment
      • Attorney Liability
      • Regional Center?s Law Firm
      • DACA

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      FL - Ethics: 1.0 Credits
      IL - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NY - Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      TX - Ethics: 1.0 Credits

      Course Presenter(s)

      David B. Gardner

      David B. Gardner has more than 30 years professional legal experience advising clients on U.S. Immigration, International Business and Taxation matters. Mr. Gardner was admitted as a Solicitor in England and Wales in 1974, and as a Solicitor in Hong Kong in 1984. He founded the Law Offices of David B. Gardner in 1985 as an international law practice and since 1996, following a law firm merger, has practiced exclusively in the areas of Immigration and Nationality Law.

      Mr. Gardner represents clients in all types of immigration cases before Agencies of the Department of Homeland Security, the Executive Office for Immigration Review and in the Federal District Courts and Circuit Courts of Appeal. He was lead counsel in Vukmirovic v. Ashcroft, 362 F. 3d 1247(9th Cir. 2004.) and Vukimorivic v. Holder (9th Cir. Sept. 2010).

      Mr. Gardner was co-founder of several non-for profit organizations including the Spirit of Youth foundation (an exchange program between under-privileged youth from Los Angeles and in the United Kingdom); the California Israel Chamber of Commerce and the Southern California Israel Chamber of Commerce. He was awarded the honor of Cavillieri by the Government of Italy for legal services on behalf of the Italian Consulate in Los Angeles. He is a past president of Bnai David Judea Congregation in Los Angeles and continues to be active in a variety of local and international community organizations.

        Course Price:
      $19.99
       
       

      Ethical Issues in Terminating the Attorney-Client Relationship

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      Ethical Issues in Terminating the Attorney-Client Relationship Details


      Price:
      $19.99

      Course Description

      In this presentation, George Chiu, Esq. will address one of the most important issues facing attorneys, which is when, how, and if you are able to terminate the attorney client relationship. This course will be focused largely on Rule 3-700 of the California Rules of Professional Conduct. He will provide practical tips and pointers, specifically focused on trying to meet the requirements of the California Rules of Professional Conduct, trying to avoid malpractice claims, and avoiding discipline from the State Bar.

      Course Agenda

      • The Attorney-Client Relationship
      • Five Steps to Terminating The Attorney-Client Relationship
      • Deciding to end attorney client relationship
      • Creating the File
      • Telling the client about termination
      • Cautions
      • Things to keep in mind
      • Form Language
      • Final Thoughts

      Course Credit per State


      AK - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.14 Credits
      FL - Ethics: 1.0 Credits
      IL - Ethics: 1.0 Credits
      KS - Ethics: 1.0 Credits
      NJ - Ethics: 1.1 Credits
      NY - Ethics: 1.0 Credits
      TX - Ethics: 1.0 Credits
      VA - Ethics: 1.0 Credits

      Course Presenter(s)

      George Chiu, Esq.
      George Chiu, Esq. has extensive experience in transactional matters, including mergers and acquisitions, securities, and banking.    In addition to practicing law in the United States, Mr. Chiu has served as Director of Legal affairs for the Ascension Capital Group in Beijing and General Counsel to T2CN Information Technology of Shanghai, China.   Mr. Chiu is fluent in English and Chinese and speaks French and Korean. He earned his Juris Doctor from UCLA in 2003 and is admitted to the Bar in Massachusetts, California, Texas, and Oklahoma.
        Course Price:
      $19.99
       
       

      Ethical Issues of Contemporary Criminal Justice

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      Ethical Issues of Contemporary Criminal Justice Details


      Price:
      $29.99

      Course Description

      Ethical Issues of Contemporary Criminal Justice explores standards of professional responsibility specific to legal representation, law enforcement, and corrections in the United States. Attorneys will define and apply concepts in the analysis of law and policy through an increased awareness of the Model Rules and Codes of Conduct. This course examines current prominent cases and their dilemmas to effectively present relevant ethical issues in an easily understandable context.

      Course Agenda

      • Overview
      • Model Rules of Professional Conduct
      • The Law, the Right to Practice and the Legal Professional:
        • Right to practice  
        • Sources of regulation  
        • Preventing unauthorized practice of law 
      • Duties of Those who Practice in Criminal Justice System:
        • Prosecution for the people
        • Defense for the accused
        • Judges for everyone
      • Fees and Contracts:
        • Formation of relationship between client and lawyer
        • Agreement and scope of representation
        • Terminating the lawyer-client relationship
      • Confidential Information:
        • Attorney-client privilege
        • Duty of confidentiality
        • When confidences are waived
      • Unimpaired Loyalty and the Avoidance of Conflicts of Interest:
        • Personal interests that may affect objectivity
        • Concurrent representation of clients with conflicting interests
        • Conflict between current and former clients
      • Obligations to Third Parties and the Legal System:
        • Counseling or assisting illegal or fraudulent conduct
        • Requirement of honesty in communications
        • Threats of criminal prosecution
      • Special Obligations to Lawyers in Litigation:
        • Duty to reject actions brought merely to harass or injure
        • Limitations on trial publicity
        • Duty of honesty and disclosing perjury
      • Business of Practicing Law:
        • Solicitation and advertising
        • Regulation of specialization
        • Division of fees
      • District Attorney Issues:
        • Formal disciplinary process
        • Personal financial liability
        • Contempt sanction
      • Lack of Resources and the Responsibilities of Judges:
        • Disqualification and recusal
        • Extrajudicial money making 
        • Political activity and appearance of impropriety

        Course Credit per State


        AK - Ethics: 1.75 Credits
        AZ - Ethics: 1.75 Credits
        CA - Ethics: 1.75 Credits
        CO - Ethics: 2.1 Credits
        FL - Ethics: 2.0 Credits
        IL - Ethics: 1.75 Credits
        KS - Ethics: 2.0 Credits
        ME - Professional Responsibility: 1.75 Credits
        MO - Ethics: 2.0 Credits
        NJ - Ethics: 2.1 Credits
        NY - Ethics: 2.0 Credits
        PA - Ethics: 2.0 Credits
        TX - Ethics: 1.75 Credits
        WA - Ethics: 1.75 Credits

        Course Presenter(s)

        Greg Woods, J.D.

        Greg Woods received his Doctor of Jurisprudence from San Francisco Law School and holds a Bachelor of Arts from San Jose State University. At San Francisco Law School Greg was a recipient of the Bernard Witkin Award for academic excellence in Contracts Writing and was an editorial staff member with the San Francisco Law Review. He served as a Certified Legal Intern with the Office of the District Attorney in San Francisco.

        Greg Woods presently serves as Lecturer with the Department of Criminal Justice Studies at San Francisco State University and was recently named Lecturer of Justice Studies at San Jose State University and at the Department of Criminology Studies at Sonoma State University.

        As an educator, constitutional scholar, law enforcement/legal trend watcher and student of history, Greg constantly seeks and receives information from a wide variety of sources and is in the forefront as a commentator on topical issues in Criminal Law.

        Outside the classroom, Greg has been acknowledged by former students at the annual San Francisco State Scholar Athlete Reception as a faculty member who ?made a valuable impact on their academic life.?

        Course Price:
      $29.99
       
       

      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
      FL - Ethics: 1.0 Credits
      IL - Ethics: 1.0 Credits
      IN - 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
      OK - Legal Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      SC - Ethics: 1.0 Credits
      VT - Ethics: 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
       
       

      Ethics for Patent Attorneys and Patent Agents

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      Ethics for Patent Attorneys and Patent Agents Details


      Price:
      $19.99

      Course Description

      Patent attorneys are bound by their local State Bar Rules and the Code of Conduct contained in Code of Federal Regulations Title 37. Among the many local State Bar Rules addressed by Steve Nielsen are the duties to maintain client secrets, to maintain a client trust account and to address actual and potential conflicts of interest. Mr. Nielsen then walks through the Patent and Trademark Office Code of Professional Responsibility Canons and Disciplinary Rules, distinguishing between them, addressing each Canon and providing guidance on how to avoid disciplinary proceedings resulting from violations. From fee agreements to inventor conflicts of interest, security issues ranging from the basics of locks on file cabinets to encryption, to limiting business relationships with clients, Mr. Nielsen covers the spectrum of the disciplinary minefield. This is truly a program in which the adage "an ounce of prevention is worth a pound of cure" applies.

      Course Agenda

      • Disclose Adverse Legal Authority
      • Inventor Conflicts
      • Threatening Criminal Prosecution
      • Fee Agreements
      • To Search or Not? No duty to search for prior art
      • Patent Litigation
      • Pre-Litigation Markman Analysis
      • Ethics of Pre Litigation
      • Litigation Blowback
      • Office of Enrollment and Discipline (OED) Tales of Woe and Anguish
      • Malpractice Suits
      • Conflict of Interest
      • Money Problems and Issues
      • Bad Checks
      • Tax Fraud
      • Bounced Checks to the USPTO

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - Ethics: 1.2 Credits
      FL - Ethics: 1.0 Credits
      IL - 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
      TX - Ethics: 1.0 Credits
      UT - Ethics: 1.0 Credits
      VA - 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
       
       

      Got a Handle on Employee Leaves of Absence

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      Got a Handle on Employee Leaves of Absence Details


      Price:
      $19.99

      Course Description

      Jason A. Geller, Managing Partner of Fisher & Phillips? San Francisco office, addresses recent requirements for employer compliance with updated regulations under the California Family Rights Act (CFRA) and significant distinctions between CFRA and the Federal Family and Medical Leave Act (FMLA). Because these laws are quite similar in many respects, the description of an employer and employee?s duties under CFRA will parallel those under the FMLA. Jason also addresses practical challenges faced by the parties in complying with these laws and suggested policies and practices to ensure compliance.

      Course Agenda

      • 1. Introduction
      • 2. Review of rise of leave rights generally
      • 3. The basic requirements under CFRA/FMLA
      • 4. Distinctions between FMLA and CFRA
      • 5. Important changes to CFRA regulations
      • 6. Suggested changes to leave policies and practices

      Course Credit per State


      CA - General: 1.0 Credits
      CO - General: 1.32 Credits
      NJ - General: 1.2 Credits
      NY - General: 1.0 Credits
      VA - General: 1.0 Credits

      Course Presenter(s)

        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
      FL - General: 2.5 Credits
      GA - Self Study: 2.0 Credits
      IL - General: 2.0 Credits
      MO - Self Study: 2.42 Credits
      MS - General: 2.0 Credits
      MT - Self Study: 2.0 Credits
      NC - General: 2.0 Credits
      ND - Self Study: 2.0 Credits
      NH - General: 2.0 Credits
      NJ - General: 2.4 Credits
      NV - General: 2.0 Credits
      NY - General: 2.0 Credits
      OH - Self Study: 2.0 Credits
      OK - Distance Learning: 2.5 Credits
      PA - Distance Learning: 2.0 Credits
      SC - General: 2.01 Credits
      TN - General: 2.02 Credits
      TX - General: 2.0 Credits
      UT - Self Study: 2.0 Credits
      VA - General: 2.0 Credits
      VT - Self Study: 2.0 Credits
      WA - General: 2.0 Credits
      WI - On-Demand: 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
       
       

      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
      FL - General: 1.0 Credits
      IL - 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
      SC - General: 1.05 Credits
      TN - General: 1.05 Credits
      TX - General: 1.0 Credits
      UT - Self Study: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 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
       
       

      Legal Ethics: The Limits of Aggressive Counsel

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      Legal Ethics: The Limits of Aggressive Counsel Details


      Price:
      $19.99

      Course Description

      In this presentation Barry Kaye and Alan F. Broidy will discuss different issues that come up from professional responsibility angles, as well as statutory issues of malicious prosecution that could arise in the context when attorneys go beyond what they should be doing in their required ethical bounds. They will explore what role the attorney should be playing in terms of devising novel legal arguments. They will take look at what the courts say, as well as the existing codes of professional conduct.

      Course Agenda

      • What is the limit?
      • Rules of Professional Conduct
      • Example
      • Elements of Malicious Prosecution
      • Drawbacks of Malicious Prosecution
      • Abuse of Process
      • No Malice?
      • The Franklin Mint (Manatt) Case
      • The Courts and Franklin Mint
      • Practicing outside of competency

      Course Credit per State


      AK - Ethics: 1.0 Credits
      AZ - Ethics: 1.0 Credits
      CA - Ethics: 1.0 Credits
      CO - General: 1.2 Credits
      FL - Ethics: 1.0 Credits
      IL - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NY - Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TX - Ethics: 1.0 Credits

      Course Presenter(s)

      Barry Kaye

      Barry Kaye, Esq. is a member of the faculty at Berkeley Law (Boalt Hall) and an innovative and detail-oriented attorney with a reputation for bringing people together and structuring complex transactions. His entrepreneurial character and versatile skill set have allowed Mr. Kaye to move deftly between the law and business and weave a unique, well-diversified practice. Mr. Kaye's professional history shows experience and expertise in three main areas: intellectual property, real estate and business. After graduating from law school, Mr. Kaye clerked for U.S. District Judge A. Andrew Hauk in Los Angeles.

      Following his clerkship, Mr. Kaye joined Hennigan, Mercer & Bennett, where he was part of the team that successfully represented Orange County in their bankruptcy and securities litigation. His areas of practice currently include real estate, intellectual property and general business transactions and litigation. He has also developed an expertise in the state and federal "Do Not Call" regulations. In addition to practicing law, Mr. Kaye maintains a profile in the real estate and finance worlds. He earned his JD in 1994 from the Benjamin N. Cardozo School of Law and is an active member of the California and New York bars.

        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
      FL - General: 1.0 Credits
      IL - General: 1.0 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
      SC - General: 1.05 Credits
      TX - General: 1.0 Credits
      UT - Self Study: 1.0 Credits
      VA - General: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 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
       
       

      Nuts and Bolts of NLRB Practice

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      Nuts and Bolts of NLRB Practice Details


      Price:
      $19.99

      Course Description

      Lawyers dealing with workplace issues need to know about labor law.  It is a fundamental and common mistaken belief that if workers are not represented by a union, the labor laws do not apply.

      While the vast majority of private sector employees, today, work without union representation, they are still covered and protected by labor laws.  Labor lawyers and employment lawyers need to know about the rights of employees under the National Labor Relations Act in order to understand the rights and duties of employees, employers, and labor unions.  This program will help labor and employment lawyers identify issues which may be regulated by NLRB in advising and representing their clients in this growing area of practice.

      The course will provide information on a number of topics.  The National Labor Relations Act and the rights it creates for employees in Section 7.  The importance and expanding notion of protected concerted activities protected by Section 7.  The applicability of protected concerted activity rights in union represented and unrepresented workplaces.  The representation election process administered by the National Labor Relations Board (NLRB).  New rules for the election process enacted by the NLRB, which took effect in April 2015.  The respective rights and duties of employees, employers, and labor unions in the election process.  NLRB's role in investigating and prosecuting both employers and labor unions for unfair labor practices when an employer or union is accused of violating employee rights.

      Course Agenda

      • Representation of Employees: Overview
      • Representation of Labor Unions: Overview
      • Representation of Employers: Overview
      • What Does NLRB Protect? Overview
      • NLRB in California
      • The NLRB?s Job
      • Representation Cases
      • NLRB Election Timetables and Cases
      • Post-Election Issues
      • Unfair Labor Practices Cases (Multiple)
      • Emerging Issues
      • Resources

        Course Credit per State


        AK - Voluntary: 1.0 Credits
        AZ - General: 1.0 Credits
        CA - General: 1.0 Credits
        CO - General: 1.3 Credits
        FL - General: 1.0 Credits
        IL - General: 1.0 Credits
        NJ - General: 1.2 Credits
        NV - General: 1.0 Credits
        NY - General: 1.0 Credits
        PA - Distance Learning: 1.0 Credits
        TX - General: 1.0 Credits
        VA - General: 1.0 Credits
        WA - General: 1.0 Credits

        Course Presenter(s)

        Thomas A. Lenz
        Experience

        Thomas Lenz is a senior partner handling all aspects of labor and employment law issues from the firm's Cerritos and Pasadena offices. He heads the firm's traditional labor and National Labor Relations Board practice. He works with employers in all major industries across California and the West. He currently services on the Executive Committee of the Labor and Employment Section for the State Bar of California. Tom began his law practice with the National Labor Relations Board, Region 21, in Los Angeles, where he investigated and tried unfair labor practice cases, ran workplace elections, and acted as an administrative hearing officer. Tom was assigned difficult cases, including numerous charges involving SEIU's Justice for Janitors campaign activity throughout Los Angeles, and the majority of his cases required work in the Spanish language. He received a formal commendation for his performance from the Agency's General Counsel.

        Education

        Tom received his undergraduate degree from Marquette University and his law degree from the Louisiana State University Law Center. Tom studied in Spain during college (Universidad Complutense de Madrid) and in France during law school (Universite d'Aix‐en‐Provence).

        Memberships

        Tom sits on a variety of boards and committees, including San Gabriel Valley Economic Partnership (Board Member), International Institute of Los Angeles (Secretary), State Bar of California Labor and Employment Section (Executive Committee Officer), Associated Builders and Contractors (National Legislative Committee Member), National Club Association (Board Member), Orange County Labor and Employment Relations Association/OC LERA (Past President and current Board Member), and Marquette University Alumni Club of Southern California (Past President and current Board Member).

        Awards and Recognitions

        Tom has been named to the Top One Hundred Labor Attorneys in the United States by Labor Relations Institute, Inc., a leading industry information source.

        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
      FL - Substance Abuse: 1.0 Credits
      IL - General: 1.0 Credits
      MO - Self Study: 1.22 Credits
      MS - General: 1.0 Credits
      MT - : 1.0 Credits
      ND - : 1.0 Credits
      NH - : 1.0 Credits
      NJ - General: 1.2 Credits
      NV - Substance Abuse: 1.0 Credits
      NY - General: 1.0 Credits
      PA - : 1.0 Credits
      SC - Ethics: 1.01 Credits
      TX - General: 1.0 Credits
      UT - Self Study: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - : 1.0 Credits
      WV - Ethics: 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
      FL - General: 1.0 Credits
      IL - 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
      SC - General: 1.0 Credits
      TX - General: 1.0 Credits
      UT - Self Study: 1.0 Credits
      VA - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 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
      FL - Ethics: 1.0 Credits
      GA - Ethics: 1.0 Credits
      IL - Ethics: 1.0 Credits
      IN - Ethics: 1.0 Credits
      MS - 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
      OK - Legal Ethics: 1.0 Credits
      PA - Ethics: 1.0 Credits
      SC - Ethics: 1.0 Credits
      TN - Dual: 1.0 Credits
      VT - Ethics: 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

      View Course Details

      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
      FL - General: 1.0 Credits
      IL - General: 1.0 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
      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
      PA - Distance Learning: 1.0 Credits
      TN - General: 1.0 Credits
      TX - General: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - General: 1.0 Credits
      WI - On-Demand: 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

      View Course Details

      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
      FL - Ethics: 1.0 Credits
      GA - Ethics: 1.0 Credits
      IL - Ethics: 1.0 Credits
      IN - Ethics: 1.0 Credits
      KY - Ethics: 1.0 Credits
      MS - Ethics: 1.0 Credits
      MT - Ethics: 1.0 Credits
      NC - Professional Responsibility: 1.0 Credits
      ND - Ethics: 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
      VT - Ethics: 1.0 Credits
      WA - 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 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

      Attorney Steven A. Nielsen offers a fresh look at bias in the legal profession. Does a mere study and rote following of state bar rules address the larger issues? Mr. Nielsen notes that, in general, the reasons for our bias problems have been a taboo subject. He offers a candid assessment of the nature of bias and discrimination and how they have evolved in society and throughout history. He poses the question: is it realistic to expect a complete ?Elimination? of bias in the legal profession, or does it make more sense to understand the forces at work in human nature and to implement common sense steps to ?Reduce? bias and discrimination in the law office environment.

      Course Agenda

      • WHAT IS DISCRIMINATION?
      • DO WE LEARN HATE?
      • ADVANTAGES OF BEING IN A GROUP
      • GROUP STUDY DATA AND EXPERIMENTS
      • IS GROUP THEORY SUPPORTED BY CURRENT EVENTS?
      • GROUPS OR TRAITS TO CONSIDER IN THE REDUCTION OF BIAS IN THE LEGAL PROFESSION
      • THE PROTECTED CLASSES ARE JUST A START

      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
      FL - Ethics: 1.0 Credits
      IL - General: 1.0 Credits
      MS - General: 1.0 Credits
      MT - Ethics: 1.0 Credits
      ND - Ethics: 1.0 Credits
      NH - Ethics: 1.0 Credits
      NJ - Ethics: 1.2 Credits
      NV - Ethics: 1.0 Credits
      NY - Ethics: 1.0 Credits
      OH - Self Study: 1.0 Credits
      PA - Ethics: 1.0 Credits
      TN - Dual: 1.03 Credits
      TX - Ethics: 1.0 Credits
      VT - Self Study: 1.0 Credits
      WA - Ethics: 1.0 Credits
      WI - On-Demand: 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
       
       

      The Role of Compliance

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      The Role of Compliance Details


      Price:
      $39.99

      Course Description

      In this program seasoned attorney and Chief Compliance Officer Charles A Christofilis provides attorneys with an overview of the laws and rules which govern the area of compliance, the many legal areas in which the compliance officer must operate, the "four pillars" of compliance, and numerous case examples in which inadequate compliance has resulted in major adverse consequences for companies.

      He addresses how to develop. Implement and test a Compliance Program in virtually and industry, and does a deep dive into the financial services and public company space. Specifically, the roles of the SEC and other agencies, the Investment Advisers Act, the Anti-Money Laundering provisions under the Patriot Act (with numerous examples), the FCPA and the necessity of internal audits and mock examinations.

      Finally, he concludes with how to manage regulatory examinations and investigations as opposed to more traditional civil or criminal litigation, and respond to compliance failures from a crises management perspective when they occur.

      Course Agenda

      • Why Compliance is increasingly important
      • How to develop, implement and test a Compliance Program;
      • Financial, Healthcare, IT and Public company (SOX) Implications)
      • Four Pillars of Compliance:
        • Controls;
        • Testing;
        • Ownership; and
        • Training.
      • Annual Review Process;
      • Liability / Conflicts;
      • Civil, Criminal and Reputational Implication / Crises Management.

      Course Credit per State


      AK - Voluntary: 2.0 Credits
      AZ - General: 2.0 Credits
      CA - General: 2.0 Credits
      CO - General: 2.34 Credits
      FL - General: 2.5 Credits
      IL - General: 1.75 Credits
      KS - General: 2.0 Credits
      ME - Self Study: 1.96 Credits
      MO - Self Study: 2.0 Credits
      NH - General: 2.0 Credits
      NJ - General: 2.3 Credits
      NY - General: 2.0 Credits
      PA - Distance Learning: 2.0 Credits
      TX - General: 2.0 Credits
      VA - General: 2.0 Credits
      WA - General: 2.0 Credits

      Course Presenter(s)

      Charles A. Christofilis, Esq.

      Charles A. Christofilis, Esq. has served as Chief Compliance Officer (?CCO?), Senior Counsel and/or General Counsel for Investment Advisers and Broker-Dealers for over a decade. Mr. Christofilis received a J.D. from Touro Law, an MBA in finance from the University of San Francisco a Bachelor?s degree in management from Pace University in New York and is a Certified Anti-Money Laundering Specialist. Mr. Christofilis is an attorney admitted to the bars of New York, New Jersey and California (CA In-House Counsel) and has Series 7, 63, 24, 79 and 27 designations from FINRA.

        Course Price:
      $39.99
       
       

      What Every Lawyer Should Know About Cyber Security

      View Course Details

      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
        FL - General: 1.0 Credits
        GA - Self Study: 1.0 Credits
        IL - General: 1.0 Credits
        IN - Distance Education: 1.1 Credits
        KY - General: 1.0 Credits
        MO - Self Study: 1.3 Credits
        MT - Self Study: 1.0 Credits
        NC - General: 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
        OK - Distance Learning: 1.0 Credits
        SC - General: 1.08 Credits
        TN - General: 1.1 Credits
        TX - General: 1.0 Credits
        UT - Self Study: 1.0 Credits
        VA - General: 1.0 Credits
        WA - General: 1.0 Credits
        WI - On-Demand: 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
       


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