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

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

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

New Jersey CLE Course Catalog

State: Practice Area:

 

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
    KY - General: 1.0 Credits
    MO - Self Study: 1.1 Credits
    NC - General: 0.75 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 0.9 Credits
    NJ - General: 1.0 Credits
    NY - General: 1.0 Credits
    OK - Distance Learning: 1.0 Credits
    TN - General: 0.95 Credits
    TX - General: 1.0 Credits
    VA - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.1 Credits

    Course Presenter(s)

    Andrew Pollis

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

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

      Course Price:
    $19.99
     
     

    Avoiding and Resolving Conflicts of Interest

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    Avoiding and Resolving Conflicts of Interest Details


    Price:
    $34.99

    Course Description

    In this comprehensive two-hour presentation, multiple hypothetical scenarios are employed to allow full understand the revised Rules regarding conflicts of interest.

    Course Agenda

  • Concurrent conflicts
  • Former clients and prospective clients (New Rule!)
  • Imputation of conflicts of other lawyers in the firm
  • The new definition of "confidential information"
  • Lateral lawyer conflicts and screening
  • "Informed consent" and the need for written waivers in Illinois
  • The viability of advance waivers

    Course Credit per State


    AK - Ethics: 2.0 Credits
    AL - Ethics: 2.1 Credits
    AZ - Ethics: 2.0 Credits
    CA - Ethics: 2.0 Credits
    CO - Ethics: 2.46 Credits
    FL - Ethics: 2.5 Credits
    IL - Ethics: 2.0 Credits
    NJ - Ethics: 2.5 Credits
    NY - Ethics: 2.0 Credits
    TN - Dual: 2.05 Credits
    VA - Ethics: 2.0 Credits
    WA - Ethics: 2.0 Credits
    WV - Ethics: 2.46 Credits

    Course Presenter(s)

    Scott Toban

    Scott Toban has earned the respect of peers and clients in his 15 years practicing law in Illinois. Immediately prior to joining the Real Estate Institute in 2004, Mr. Toban was a partner of the international law firm Mayer, Brown, Rowe & Maw LLP (now, Mayer Brown LLP). His unique experiences in a variety of law firm settings (large firm, small firm and solo practitioner) have strengthened his abilities as a dynamic speaker on various legal education topics, including ethics and professionalism.

    A graduate of the University of Chicago Law School, Mr. Toban's legal practice has covered extensive areas of real estate and related finance, and he has been a licensed real estate broker since 1996. Mr. Toban is also a registered Certified Public Accountant in Illinois, and he is a member of the American Bar Association, Illinois State Bar Association, the Association for Continuing Legal Education and the Association of Illinois Real Estate Educators.

    In April 2010, Mr. Toban was appointed by Illinois Governor Pat Quinn as a member of the Illinois Real Estate Administration and Disciplinary Board and the Illinois Real Estate Education Advisory Council. These state boards advise the Illinois Department of Financial and Professional Regulation regarding matters related to the real estate brokerage industry and its licensees.

  •   Course Price:
    $34.99
     
     

    Best Practices for Clear Contract Drafting

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    Best Practices for Clear Contract Drafting Details


    Price:
    $19.99

    Course Description

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

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

    Course Agenda

    Primary Goals of Drafting Contracts

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

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

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

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


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.0 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.24 Credits
    FL - General: 1.0 Credits
    GA - Self Study: 1.0 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.0 Credits
    MO - Self Study: 1.2 Credits
    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
    SC - General: 1.03 Credits
    TN - General: 1.03 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
    WV - General: 1.2 Credits

    Course Presenter(s)

    Carolyn Seymour

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

      Course Price:
    $19.99
     
     

    Detecting, Investigating and Documenting Fraud - Part 1

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    Detecting, Investigating and Documenting Fraud - Part 1 Details


    Price:
    $19.99

    Course Description

    Corporate securities fraud has cost both large institutional investors and retail traders billions of dollars annually. Through manipulation of financial documents, misuse of corporate accounts, and publishing fraudulent statements, companies like Enron and WorldCom have left investors with massive losses. The primary way investors can seek relief for corporate fraud is through private securities litigation. This process can be expensive and take many years to go through the appellate process.

    This course will examine the current statutes and case law that surround private securities litigation. How has the Private Securities Litigation Reform Act affected the ability of Plaintiff?s attorneys to successfully prove fraud? Attorney Christopher Seefer will discuss the critical steps to take when preparing for a private security lawsuit. Mr. Seefer will explain techniques to lift a stay of discovery. He will explain the challenges of pleading scienter. The course will conclude with a discussion on the importance of collective analysis and the various types of information that is essential to properly pleading a fraud case. Throughout the presentation of the course, various case studies will be brought up to illustrate key points of the presentation.

    Course Agenda

    Overview

  • Discovery: private securities litigation vs. regulatory investigations
  • Essentials elements to investigate corporate fraud Increases instability
  • Strategies to successfully plead a fraud case
  • Discovery: Private Sec. Litigation Vs. Regulatory Investigations

  • Access to private corporate documents and communication
    • Govt. Example: Office of Thrift Supervision (OTS)
      • Power to service subpoenas and subpoenas duces tecum
    • Private parties
      • Attorneys and law firms have no subpoena powers
  • Case Study: Charles Keating
  • Case Study: Mortgage Crisis
  • SEC RULE 10B-5

  • Employment of Manipulative and Deceptive Practices
  • Elements of the offense
    • Manipulation or Deception
    • Materiality
    • "In Connection With" the purchase or sale of securities
    • Scienter
    • Additional burden for private plaintiffs
      • Standing
      • Reliance
      • Loss Causation
      • Damages
  • Case Study: Janus Capital Group
  • Case Study: Matrixx
  • Case Study: National Australia Bank LTD.
  • Fraud In The Market

  • The defendant has to make a publicly fraudulent statement
  • Every investor could then sue if it could be shown that the statement affected the market as a whole
  • The Private Securities Litigation Reform Act of 1995

  • Safe Harbor for Forward-Looking Information
  • Limitations on Joint and Several Liability
  • Increased Pleading and Proof Requirements
  • Limitation on Damages
  • Class Action Procedural Reforms
  • Enhanced Attorney Sanction Provisions
  • RICO Amendment Eliminating Sanctions Claims
  • Auditor Duty Regarding Financial Fraud
  • Additional SEC Rulemaking Authority
  • Steps for Investigating Fraud

  • Collection and organization of all public information
  • Prepare a financial trend analysis
  • Review daily stock prices changes
  • Determine existence of other proceedings
  • Consider motive
  • How to Lift Stay of Discovery

  • Case study: Verfone Holdings
  • Pleading Scienter

  • Federal Rules of Civil Procedure 9(B)
  • The Private Securities Litigation Reform Act (PSLRA)
  • Case Study: Tellabs
  • Pleading a Fraud Case

  • Insider selling
  • Executive compensation
  • Executive termination
  • Restatements and GAAP violations
  • Find former employees
  • Case Study: Northwest Pipe Company
  • Case Study: Yahoo!
  • Course Credit per State


    AK - Voluntary: 1.25 Credits
    AL - On-Demand: 1.2 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.38 Credits
    FL - General: 1.5 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.4 Credits
    MS - General: 1.2 Credits
    NC - General: 1.0 Credits
    ND - Self Study: 1.25 Credits
    NH - General: 1.1 Credits
    NJ - General: 1.4 Credits
    NY - General: 1.0 Credits
    TN - General: 1.15 Credits
    TX - General: 1.0 Credits
    VA - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.4 Credits

    Course Presenter(s)

    Christopher P. Seefer

    Christopher P. Seefer earned his Bachelor of Arts degree and his Master of Business Administration degree from the University of California, Berkeley. Mr. Seefer earned his Juris Doctor degree from the Golden Gate University School of Law in 1998.

    Mr. Seefer concentrates his practice in securities class action litigation, including cases against Verisign, UTStarcom, VeriFone, Nash Finch, NextCard, Terayon and America West. Mr. Seefer was a Fraud Investigator with the Office of Thrift Supervision, Department of the Treasury (1990-1999) and a field examiner with the Office of Thrift Supervision (1986-1990).

      Course Price:
    $19.99
     
     

    Detecting, Investigating and Documenting Fraud - Part 2

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    Detecting, Investigating and Documenting Fraud - Part 2 Details


    Price:
    $19.99

    Course Description

    The Savings and Loans Crisis in the late 1980s and the recent Mortgage Crisis of the last decade were both exacerbated by widespread corporate fraud. Through manipulation of financial documents and publishing fraudulent statements, companies like Countrywide Financial have left investors with massive losses. Could the fraud have been detected earlier? Was there a clear paper trail for investigators to follow?

    This course will examine how corporate fraud in both financial crises followed the same formula. Mr. Bill Black will discuss the key elements of the accounting fraud formula. The formula's key elements are high rate of growth over a short period of time, risky loans with premium yields, an extreme level of leverage, and extremely low reserves. Mr. Black will go into detail how financial institutions involved in the mortgage crisis used the accounting fraud formula to enrich their top executives. The presentation will list fraud red flags that appeared before the crisis and examine the paper trail that finally exposed the extent of the mortgage fraud. The course explores how collateral debt obligations played their part in hiding the fraud from investors and regulators. Mr. Black will end the presentation on a discussion on how the "chain of lying" that began with fraudulent loan applications led to a betrayal of trust between lending institutions and ultimately resulted in the total seizure of the credit markets.

    Course Agenda

    Overview

  • What made the S&L Crisis different?
  • Deregulation and the competition for laxity in the states
  • Unintended consequences
  • Garn-St. Germain Depository Institutions Act
  • Control Fraud

  • Accounting Fraud Formula
    • Incredible growth
    • Risky loans with premium yields
    • Extreme levels of leverage
    • Trivial reserves
  • Weapon of Choice: GAAP
    • What is GAAP?
  • George Akerlof
    • Executives will loot under certain conditions
  • Fraud Red Flags
    • Extraordinary profits in a short time
    • Extraordinary compensation for the top executives
    • Adherence to accounting fraud formula
  • Case Study: Enron
  • The Mortgage Crisis

  • Short Cut to Growth
    • How do you grow in a mature market?
    • How do you increase profit while expanding?
    • How do you create effective demand?
  • Formula For Fraud
    • Increase demand by pursuing riskier borrowers
      • Low credit scores
      • Undocumented income
      • Unsophisticated borrowers
    • Created new categories of loans
      • Sub-prime
      • Alt-A
    • Collateralized Debt Obligations
      • The securitization process
      • The risk review standards
    • The Markers of Fraud
      • Liar Loans
      • Stated Income loans and foreclosure rates
  • SEC Rule 10B-5
  • 2004 FBI Warning: Chris Swecker
  • Course Credit per State


    AK - Voluntary: 0.75 Credits
    AL - On-Demand: 0.8 Credits
    AZ - General: 0.75 Credits
    CA - General: 0.75 Credits
    CO - General: 1.0 Credits
    FL - General: 1.0 Credits
    MO - Self Study: 1.0 Credits
    NC - General: 0.75 Credits
    ND - Self Study: 0.75 Credits
    NH - General: 0.8 Credits
    NJ - General: 1.0 Credits
    NY - General: 1.0 Credits
    TN - General: 0.83 Credits
    TX - General: 1.0 Credits
    VA - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.0 Credits

    Course Presenter(s)

    Bill K. Black

    Bill K. Black is an Associate Professor of Economics and Law at the University of Missouri ? Kansas City (UMKC). He was the Executive Director of the Institute for Fraud Prevention from 2005-2007.

    Black was litigation director for the Federal Home Loan Bank Board (FHLBB) from 1984 to 1986, deputy director of the Federal Savings and Loan Insurance Corporation (FSLIC) in 1987, and Senior VP and the General Counsel of the Federal Home Loan Bank of San Francisco from 1987 to 1989, which regulated some of the largest thrift banks in the U.S.

      Course Price:
    $19.99
     
     

    Foreign Investments in U.S. Real Estate

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    Foreign Investments in U.S. Real Estate Details


    Price:
    $19.99

    Course Description

    This course covers tax planning for the non-resident alien individual and foreign corporate investor that is planning to invest in United States real estate. These are issues that could apply to every foreigner who is going to invest in real estate and all those that are dealing with them on an everyday basis such as the real estate broker, the real estate attorney, the accountant and other professionals in the field.

    Course Agenda

  • Tax Planning for Foreign Investors
  • Acquiring United States Real Estate Investments
  • U.S. Taxes
    • Income Taxation
    • Estate Tax
    • Gift Tax
    • Branch Tax
  • Tax Planning Entities/Advantages and Disadvantages
    • Individual Ownership
    • Limited Liability Company
    • Partnership
    • United States Corporation
    • Foreign Corporation
    • Trusts
    • Tiered Entities
  • The Income Tax versus
      Estate Tax Dilemma
    • The Smaller Investor ($500,000 and less)
    • The Larger Investor ($1,000,000 or more)
  • Tax Planning Opportunities
    • Tiered Entities
    • Corporate Liquidation (Single Tax)
    • Portfolio Loans
    • Like Kind Exchanges
    • Sale of Stock in a Foreign Corporation

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.1 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO1.34 Credits
    IL - General: 1.0 Credits
    MO - Self Study: 1.0 Credits
    NJ - General: 1.3 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    SC - General: 1.12 Credits
    TN - General: 1.12 Credits
    UT - Self Study: 1.0 Credits
    VT - Self Study: 1.0 Credits

    Course Presenter(s)

    Richard S. Lehman

    Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University. He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.

    Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.

    Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.

  •   Course Price:
    $19.99
     
     

    Health Law - Electronic Health Record Systems

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    Health Law - Electronic Health Record Systems Details


    Price:
    $19.99

    Course Description

    In the foreseeable future, electronic health record (EHR) systems are likely to become a fixture in medical settings. The potential benefits of computerization could be substantial, but EHR systems also give rise to new liability risks for health care providers that have received little attention in the legal literature. Without thoughtful interventions and sound guidance from government and medical organizations, this promising technology may encumber rather than support clinicians and may hinder rather than promote health outcome improvements.

    This course will provide a comprehensive analysis the various forms of liability risks associated with use of this complex and important technology. Ms. Sharona Hoffman will discuss recommendations to address these liability concerns. The course will examine the possibility of introducing new federal regulations designed to ensure the accuracy and safety of EHR systems. Ms. Hoffman will discuss the importance of establishing both agency guidance and clinical practice guidelines for EHR system users. The course will end with an introduction to a novel, uniform process for developing authoritative clinical practice guidelines and explores how EHR technology itself can enable experts to gather evidence of best practices.

    Course Agenda

    What are EHR Systems?

  • Record systems
  • Clinical alerts and reminders
  • Decision aids
  • Links to medical literature
  • Computerized physician order entry
  • Secure messaging & PHRs
  • Data analysis tools (enable searches)
  • Interoperability
  • Benefits of EHR Systems

  • Reduce errors
  • Improve patient safety
  • Improve preventative care
  • Facilitate communication
  • Cost savings
  • Adopting EHR Systems

  • Cost & burden of adopting EHR systems
  • EHR System Shortcomings

  • Information overload
  • Data display issues
  • Copy & paste
  • The challenges of decision support
  • Other Concerns

  • Time constraints & system demands
  • Input errors
  • Electronic communication
  • Litigation Concerns

  • Increased litigation & liability
  • Will use of decision support be a defense?
  • Will EHR system vendors always be sued in medical malpractice cases?
  • How will failures of complex EHR systems be proven?
  • Will fragmented displays, incomplete data, etc. impede record review?
  • Certification Criteria

  • What do EHR systems need to feature to enable providers to be meaningful users?
  • Certification Program

  • Who will certify?
  • Authorized testing and Certification Bodies(ATCB) overseen by HHS
  • Use test tools & procedures approved by ONC
  • Critique

  • No clinical safety testing
  • At medical facilities for significant time
  • No continuing review of EHR systems after certification
  • No adverse event reporting
  • Not everyone required to comply
  • How closely will ATCBs be monitored?
  • Conflict of interest; uniform rigor; competence of all members
  • Comparative effectiveness

  • PPACA Sec. 6301 calls for CER
  • "research comparing the benefits and harms of different interventions and strategies to prevent, diagnose, treat, and monitor health conditions in 'real world' settings"
  • Research of EHRs

  • De-identified EHRs stored in research database
  • Permits large-scale observational studies
  • Fill knowledge gaps and promote evidence-based medicine
  • 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: 1.12 Credits
    FL - General: 1.0 Credits
    IL - General: 0.75 Credits
    MO - Self Study: 1.1 Credits
    NC - General: 0.75 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 0.9 Credits
    NJ - General: 1.1 Credits
    NY - General: 1.0 Credits
    TN - General: 0.93 Credits
    TX - General: 1.0 Credits
    VA - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WV - General: 1.2 Credits

    Course Presenter(s)

    Sharona Hoffman

    Sharona Hoffman is a Professor of Law with a secondary appointment in the Department of Bioethics. She is also Co-Director of the Law-Medicine Center. Professor Hoffman received her B.A. magna cum laude from Wellesley College and her J.D. cum laude from Harvard Law School. In addition, she earned an LL.M. in health law from the University of Houston.

    Ms. Hoffman joined the faculty at Case Western Reserve in 1999. Earlier in her career, she clerked for a federal district court judge, worked as an associate at O?Melveny & Myers, a large Los Angeles law firm, and served as a Senior Trial Attorney at the Equal Employment Opportunity Commission?s Houston office.

    Professor Hoffman teaches Civil Procedure, Employment Discrimination, Religion, Ethics, and the Law seminar, Health Care and Human Rights seminar, and Health Matrix Notes Seminar. In 2007 Professor Hoffman spent four months as a guest researcher at the Centers for Disease Control and Prevention (CDC) working on liability and immunity issues related to public health emergencies. Professor Hoffman has also been appointed by the U.S. Secretary of Health and Human Services to serve as a member of the Board of Scientific Counselors for CDC?s Coordinating Office for Terrorism Preparedness and Emergency Response during 2008-2012. She has published over fifty articles and book chapters, most of which focus on health law and civil rights law. Her research interests include disability discrimination, biomedical research, health care coverage, race and medicine, health information technology, and emergency preparedness.

      Course Price:
    $19.99
     
     

    Innovation or Exploitation: The Limits of Computer Trespass Law

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    Innovation or Exploitation: The Limits of Computer Trespass Law Details


    Price:
    $29.99

    Course Description

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

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

    Course Agenda

    OVERVIEW: INNOVATION VERSUS EXPLOITATION

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

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

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

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

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

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

    Course Credit per State


    AK - Voluntary: 2.0 Credits
    AL - On-Demand: 1.9 Credits
    AZ - General: 2.0 Credits
    CA - General: 2.0 Credits
    CO - General: 2.26 Credits
    DE - Self Study: 1.9 Credits
    FL - General: 2.5 Credits
    GA - Self Study: 2.0 Credits
    IL - General: 1.75 Credits
    IN - Distance Education: 1.9 Credits
    KS - General: 2.0 Credits
    ME - Self Study: 1.89 Credits
    MS - General: 1.9 Credits
    NC - General: 1.75 Credits
    NH - General: 1.8 Credits
    NJ - General: 2.3 Credits
    NV - General: 1.5 Credits
    NY - General: 2.0 Credits
    OH - Self Study: 2.0 Credits
    PA - Distance Learning: 1.5 Credits
    TN - General: 1.88 Credits
    TX - General: 1.75 Credits
    VA - General: 2.0 Credits
    WA - General: 1.75 Credits
    WI - On-Demand: 2.0 Credits
    WV - General: 2.26 Credits

    Course Presenter(s)

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

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

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

    Jennifer Granick

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

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

    Brewster Kahle

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

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

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

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

    Issues in Legal Ethics

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    Issues in Legal Ethics Details


    Price:
    $19.99

    Course Description

    This course is a panel discussion from an ethical perspective of two potentially problematic areas of the legal practice regarding handling confidential information, fees, and fiduciary duties.

    Course Agenda

  • Handling confidential information
    • How does the attorney client privilege differ from the attorney's ethical duty to preserve the client's confidential information?
    • What are the limits to the ethical duty to preserve confidential information?
    • What are the exceptions to the ethical duty?
    • How do self-defense, court order, and preventing future harm factor into the decision to break the
  • Fees and Fiduciary Duties
    • Guidelines for setting fees and factors that influence fee levels
    • Contingent fees do's and don'ts
    • Excessive fees
    • Lending money to clients
    • Splitting fees with other attorneys
    • Co-mingling funds
    • Safeguarding property

    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: 1.22 Credits
    MO - Self Study: 1.0 Credits
    NJ - Ethics: 1.2 Credits
    NY - Ethics: 1.0 Credits
    TN - Dual: 1.02 Credits
    TX - Ethics: 1.0 Credits
    UT - Ethics: 1.0 Credits
    VT - Ethics: 1.0 Credits
    WA - Ethics: 1.0 Credits

    Course Presenter(s)

    Paul M. Gelb
    Paul M. Gelb, Esq. is counsel in the Los Angeles office of Drinker Biddle, concentrating his practice on commercial litigation. He represents clients in a wide variety of matters, including contract, unfair competition, intellectual property, securities, ERISA, pharmaceutical, and employment cases, as well as appellate law before the Ninth Circuit and the California Courts of Appeal and the California Supreme Court. Mr. Gelb graduated from Columbia Law School where he was a Harlan Fiske Stone Scholar.
    Loren Beck

    Loren Beck is an associate at the Los Angeles firm of Russ August & Kabat, where his practice focuses on commercial litigation and sophisticated real estate transactions. Mr. Beck has handled a number of highly publicized securities matters involving hundreds of millions of dollars in transactions. He also has tried, as first-chair trial counsel, a securities arbitration matter to verdict, obtaining a significant financial recovery for his clients.

    In addition to his work in the securities field, Mr. Beck's litigation experience also includes a wide variety of real estate and contractual disputes. Mr. Beck was recognized as a 2009 Southern California Rising Star by the publishers of Los Angeles Magazine. He earned his JD at Loyola Law School. While in law school, Mr. Beck was honored to receive the John F. Dockweiler Memorial Scholarship, Dean's list recognition and two First Honors Awards.

  •   Course Price:
    $19.99
     
     

    Judicial Disqualifications and Social Media

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    Judicial Disqualifications and Social Media Details


    Price:
    $19.99

    Course Description

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

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

    Course Agenda

    The Judiciary and Social Media

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

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

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

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

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

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

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

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

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

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


    AK - Ethics: 1.25 Credits
    AL - Ethics: 1.3 Credits
    AZ - Ethics: 1.25 Credits
    CA - Ethics: 1.25 Credits
    CO - Ethics: 1.52 Credits
    FL - Ethics: 1.5 Credits
    GA - Ethics: 1.3 Credits
    IL - Ethics: 1.25 Credits
    IN - Ethics: 1.3 Credits
    KS - Ethics: 1.5 Credits
    KY - Ethics: 1.25 Credits
    ME - Professional Responsibility: 1.27 Credits
    MO - Ethics: 1.5 Credits
    MS - Ethics: 1.3 Credits
    NC - Professional Responsibility: 1.25 Credits
    ND - Ethics: 1.25 Credits
    NH - Ethics: 1.3 Credits
    NJ - Ethics: 1.5 Credits
    NV - Ethics: 1.0 Credits
    NY - Ethics: 1.5 Credits
    OH - Ethics: 1.25 Credits
    PA - Ethics: 1.0 Credits
    SC - Ethics: 1.27 Credits
    TN - Dual: 1.27 Credits
    TX - Ethics: 1.25 Credits
    UT - Ethics: 1.0 Credits
    VA - Ethics: 1.5 Credits
    VT - Ethics: 1.25 Credits
    WA - Ethics: 1.25 Credits
    WI - On-Demand: 1.5 Credits
    WV - Ethics: 1.5 Credits

    Course Presenter(s)

    Deborah Gonzalez

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

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

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

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

      Course Price:
    $19.99
     
     

    Lawyers as Board Members

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    Lawyers as Board Members Details


    Price:
    $19.99

    Course Description

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

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

    Course Agenda

    Overview

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

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

    Dual Roles

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

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

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

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

  • ABA Model Rule 1.13
  • Case Studies
  • Compensation

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

    Consequences

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

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

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


    AK - Ethics: 1.0 Credits
    AL - Ethics: 1.1 Credits
    AZ - Ethics: 1.0 Credits
    CA - Ethics: 1.0 Credits
    CO - Ethics: 1.32 Credits
    FL - Ethics: 1.5 Credits
    GA - Ethics: 1.1 Credits
    IL - Ethics: 1.0 Credits
    IN - Ethics: 1.1 Credits
    KS - Ethics: 1.0 Credits
    KY - Ethics: 1.0 Credits
    MO - Ethics: 1.3 Credits
    MS - Ethics: 1.1 Credits
    MT - Self Study: 1.0 Credits
    NC - Professional Responsibility: 1.0 Credits
    ND - Ethics: 1.0 Credits
    NH - Ethics: 1.1 Credits
    NJ - Ethics: 1.3 Credits
    NV - Ethics: 1.0 Credits
    NY - Ethics: 1.0 Credits
    OH - Ethics: 1.0 Credits
    OK - Legal Ethics: 1.0 Credits
    PA - Ethics: 1.0 Credits
    SC - Ethics: 1.1 Credits
    TN - Dual: 1.1 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
    WI - On-Demand: 1.0 Credits
    WV - Ethics: 1.3 Credits

    Course Presenter(s)

    Deborah Gonzalez

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

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

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

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

      Course Price:
    $19.99
     
     

    Ponzi Scheme and Tax Loss

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    Ponzi Scheme and Tax Loss Details


    Price:
    $27.99

    Course Description

    In this course, veteran South Florida Tax Attorney Richard S. Lehman will explain how to best secure a tax refund from Ponzi Scheme losses; how the government has made recovery easier; What you need to know about theft losses; how to plan and implement a taxpayer Ponzi Scheme tax loss for maximum benefits now, and in the future.

    Topics discussed in this seminar include: Ponzi schemes and theft loss, understanding the safe harbor, the theft loss, what is privity, amount of the theft loss deduction, phantom income, the year of discovery, amount of theft loss in the year of discovery, reasonable prospect of recovery, ascertainable standard, tax planning for maximum use of loss, quantifying the amount of the theft loss, the amended return, claw backs, estates and trusts, comparing safe harbor vs the law, tax planning.

    Course Agenda

  • Ponzi Schemes & Theft Loss
    • The Amount & Timing of the Theft Loss
    • Comparison of Revenue Procedure vs. Revenue Ruling
  • Tax Refunds from Ponzi Scheme Losses Are Extremely Valuable
    • Year of Discovery
    • Amount of the Loss in the Year of Discovery
    • Reasonable Prospect of Recovery
    • Ascertainable Standard
  • Theft Loss vs Amended Returns
    • Amended Returns
  • Claw Backs
  • Estate, Gift & Trust - Theft Deduction Rules
  • Tax Planning
  • The Safe Harbor
  • Tax Planning For Maximum Use Of Loss

    Course Credit per State


    AK1.25 Credits
    AL - On-Demand: 1.4 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.5 Credits
    CO1.64 Credits
    DE - Self Study: 1.2 Credits
    GA - Self Study: 1.2 Credits
    MO - Self Study: 1.5 Credits
    NJ - General: 1.7 Credits
    NV - General: 1.0 Credits
    NY - General: 1.5 Credits
    OH - Self Study: 1.25 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.37 Credits
    UT - Self Study: 1.0 Credits
    VT - Self Study: 1.25 Credits
    WA - General: 1.5 Credits
    WV - General: 1.64 Credits

    Course Presenter(s)

    Richard S. Lehman

    Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University. He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.

    Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.

    Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.

  •   Course Price:
    $27.99
     
     

    Pre Immigration Income Tax Planning

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    Pre Immigration Income Tax Planning Details


    Price:
    $19.99

    Course Description

    The immigrating Non Resident Alien must prepare for a tax life as a Resident Alien. This means taking advantage of all of the tax deductions and tax investment incentives offered by the U.S. Tax Code.

    Course Agenda

  • Non Resident Alien vs Resident Alien - A Definition for Tax Purposes

  • The Resident Alien

    • Taxation on Worldwide Income
    • Similar to Taxation on U.S. Citizens
    • Tax Planning
  • Resident Alien - Tax Residency in the United States
    • The Affect of Treaties
    • The Substantial Presence Test
    • The Closer connection Exception
    • Additional Exceptions
  • The Income Tax Residency Starting Date
    • Substantial Presence Test
    • Permanent Residency Test
    • Tax Election

    Course Credit per State


    AK - Voluntary: 1.0 Credits
    AL - On-Demand: 1.1 Credits
    AZ - General: 1.0 Credits
    CA - General: 1.0 Credits
    CO - General: 1.34 Credits
    MO - Self Study: 1.0 Credits
    NJ - General: 1.3 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    SC - General: 1.2 Credits
    TN - General: 1.12 Credits
    UT - Self Study: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.3 Credits

    Course Presenter(s)

    Richard S. Lehman

    Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University. He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.

    Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.

    Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.

  •   Course Price:
    $19.99
     
     

    Social Media and the Law

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    Social Media and the Law Details


    Price:
    $19.99

    Course Description

    Social media sites such as Facebook, Twitter and LinkedIn have revolutionized how consumers and companies interact with each other. Social media has become a powerful business tool for marketing products and services and building brand awareness and value. Such powerful tools; however do not come without legal risks to businesses.

    This course will examine the legal pitfalls and challenges of using social media for businesses and organizations. Mr. Jeremy Floyd will explore how U.S. copyright law interacts within the social media landscape. He will discuss how organizations stumble into defamation and privacy intrusion issues with social media. The course will look at how social media has affected business torts and employment law and present case studies involving the Red Cross, Kitchen Aid, and Chrysler. Lastly, Mr. Floyd will present how companies can properly create an effective social media policy to avoid civil suits from the public, their business partners and their own employees.

    Course Agenda

    Copyright: USC Title 17

  • Overview
  • Copyright protection
  • Enforcement
    • Request for removal notice
    • Cease and desist notice
  • Linking v. lifting
    • Best practices
  • License
    • Types of copyright licenses
    • Fair Use

    Defamation

  • Elements of defamation
  • Case Study: Pizza Kitchen
  • Slander and Libel
  • Vicarious liability
  • Disclosure of Information and Terms of Agreement

  • FTC's social media regulations
  • Privacy

  • Elements of privacy intrusion
    • Victim definition
    • Violator definition
    • Emotional anguish and suffering
    • Damages
    • Expectations of privacy

    Parties to Lawsuit

  • Discovery aspect in social media
  • Case Study: PhoneDog v. Kravitz
  • Business Torts

  • Definition
  • Social media and torts
  • Social Media and Sexual Harassment

  • Overview
  • Liability for Blog Comments

  • Who is liable?
  • Employment

  • Title VII
  • Social media and hiring practices
  • Liability issues
  • Social media and the workplace
    • Rules and regulations

    Contribute with Care - Issues with Tweets from company accounts

  • Case Study: KitcheAid
  • Case Study: American Red Cross
  • Case Study: Flying Saucer Austin
  • Case Study: Chrysler
  • Policy

  • Creating a company policy on social media
    • Team built
    • Following industry guidelines
    • Trade secrets
    • Guidelines vs. policy
    • Legal Review
    • Effective policy lifecycle
  • Policy elements
    • Employee agreement
    • Authorized company media representatives
    • Social media engagement rules for staffing

    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: 1.08 Credits
    FL - General: 1.0 Credits
    MO - Self Study: 1.1 Credits
    NC - General: 0.75 Credits
    ND - Self Study: 1.0 Credits
    NH - General: 0.9 Credits
    NJ - General: 1.1 Credits
    NY - General: 1.0 Credits
    TN - General: 0.9 Credits
    TX - General: 1.0 Credits
    VA - General: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WI - On-Demand: 1.0 Credits
    WV - General: 1.1 Credits

    Course Presenter(s)

    Jeremy Floyd

    Jeremy Floyd is president of Bluegill Creative, a marketing and communications firm located in Knoxville, Tennessee. Mr. Floyd works with clients to explore out-of-the-box ideas and problem solving strategies across the enterprise with a unique perspective on how technology can be used to better achieve business objectives. In addition to managing Bluegill Creative, Mr. Floyd is also an adjunct professor for the University of Tennessee Chattanooga MBA program teaching digital strategies and social media.

    Mr. Floyd is licensed to practice law in the State of Tennessee and holds a law degree from the University of Tennessee College of Law and a Bachelor of Arts degree from MTSU in English and Philosophy.

      Course Price:
    $19.99
     
     

    The Privacy Paradox: Drones Discussion

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    The Privacy Paradox: Drones Discussion Details


    Price:
    $19.99

    Course Description

    The military?s reliance of drones for intelligence gathering and eliminating high value targets has been a cornerstone of the United State?s decade long war on terrorism. Drone technology is now migrating to both the public and commercial sectors. Congress has recently made the first step to having drones a common site over U.S. cities and towns by ordering the Federal Aviation Administration to change its airspace rules. These rule changes would make it much easier for police nationwide to use domestic drones. The increased and regular use of aerial surveillance by these drones could profoundly change the character of public life in America.

    This course will examine how drones will challenge current laws on privacy and free speech. A panel of legal and industry experts will discuss how the benefits of drone technology have to be balanced with legitimate privacy concerns. Panelists will explore the current state of drone technology in the civilian marketplace and their possible impact on law enforcement, business development and civil liberties. Who should direct drone policy and how safe are drones from malicious third party technical hacks? The panelists will explain how both the First and Fourth Amendments could be threatened by drone technology. The presentation will end with a Question and Answer session related to how drones will affect issues such as property rights, trespassing laws, and other civil liberties and freedoms.

    Course Agenda

    WHAT ARE DRONES?

  • What are drones?
  • Drone Manufacturers
  • Civilian Use Cases
    • Ariel mapping
    • Precision agriculture
    • Traffic monitoring
    • Law enforcement
    • Disaster relief
    • Border security
    • Search and Rescue
    • Mineral surveys
    • Carbon credit verification

    DRONES AND PRIVACY

  • How does public surveillance affect privacy and the community?
    • People modify their behaviors when they know they are under surveillance
    • Chilling effect on people?s 1st Amendment expressive activities
    • Voyeurism
    • Unlawful tracking of citizens
  • Scope of surveillance unclear
    • Drones can easily be modified to carry weaponry
      • Guns, beanbag guns, tasers
    • Street cameras vs Drones
      • Street Cameras
      • Fixed positions
      • Defined public areas
    • Drone mounted cameras
      • Surveillance from a public vantage
      • Inside private property ? back yards and patios
    • California v. Ciraolo
      • No warrant for police helicopters needed for probable cause
    • United States v. Jones
      • Technology is cheap and easy to use and abuse
  • Who should set drone limits?
  • Policy by procurement
    • Law enforcement agency budgets and need
    • Public may not know for years
  • Drone Security Issues
    • Video hacks
      • Loss of control
      • Safety issues
      • Access to video surveillance
    • No current security standards for drones
    • Case Study: Police employ Predator drone spy planes on home front
      • LA Times article
      • Customs and Border Patrol lent out drones to local police
      • Opens possibility for use of drones
    • Commercial use vs. Law Enforcement
      • Privacy use
      • Weaponization of drones

    Q & A

  • What about the chilling effect drones can instill with reducing crime? What about the positive effects of surveillance?
  • What about the freedom to observe? First amendment rights?
  • What are the principle drivers of drone technology in the civilian market?
  • How will drones violate property rights?
  • How likely will congress pass new laws relating to trespassing issues for drone?
  • If police drones are targeting specific ethnic groups, are they violating the 4th Amendment?
  • Why did the FAA feel the need to completely ban the commercial use of drones?
  • If citizens want protection (by drone surveillance) can we change the law?
  • Course Credit per State


    AK - Voluntary: 1.25 Credits
    AL - On-Demand: 1.4 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.64 Credits
    DE - Self Study: 1.4 Credits
    FL - General: 1.5 Credits
    GA - Self Study: 1.4 Credits
    IL - General: 1.25 Credits
    IN - Distance Education: 1.4 Credits
    MS - General: 1.4 Credits
    NC - General: 1.25 Credits
    NH - General: 1.4 Credits
    NJ - General: 1.6 Credits
    NV - General: 1.0 Credits
    NY - General: 1.5 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.37 Credits
    TX - General: 1.25 Credits
    VA - General: 1.5 Credits
    WA - General: 1.25 Credits
    WV - General: 1.64 Credits

    Course Presenter(s)

    Ryan Calo

    Ryan Calo is an assistant professor at the University of Washington School of Law and a former research director at CIS. A nationally recognized expert in law and emerging technology, Mr. Calo?s work has appeared in the New York Times, the Wall Street Journal, NPR, Wired Magazine, and other news outlets.

    Mr. Calo serves on several advisory committees, including the Electronic Frontier Foundation, the Electronic Privacy Information Center, and the Future of Privacy Forum. He co-chairs the American Bar Association Committee on Robotics and Artificial Intelligence and serves on the program committee of National Robotics Week.

    Catherine Crump
    Catherine Crump is an attorney with the American Civil Liberties Union. She litigates cases on many issues, from challenges to invasive government surveillance programs, to protecting the right to engage in political protest, to suing police officers for excessive force. Current cases include constitutional challenges to the government?s authority to engage in suspicionless searches of laptops at the international border and to its assertion that it can track the location of cell phones without a warrant.
    Stephen Morris

    Stephen Morris is a well-known authority in the design and operation of small UAVs. He is the president MLB Co. of Mountain View, California. MLB produces miniature, unmanned aircraft for commercial and government use. Dr. Morris has developed surveillance aircraft ranging in size from 6 inches to 6 feet, many of which operate autonomously. He has been the lead engineer for the design, development, and testing of airframe, flight control, and flight software for more than 20 UAV prototype aircraft and has over 1000 hours logged as a UAV operator.

    He has also served as a consultant for companies designing and building unmanned aircraft. In addition to his experience at MLB, Dr. Morris? has previous engineering experience at the Lockheed-Martin Advanced Technology Center, Aurora Flight Sciences, and Boeing Aerospace. He is a member of AUVSI, the Association for Unmanned Vehicle Systems International. Dr. Morris has won numerous awards for his UAV development activities. He has a Ph.D. in Aeronautics and Astronautics, Stanford University, 1990; an MS in Aeronautics and Astronautics, Stanford University, 1984; and a BS in Mechanical Engineering, Bucknell University, 1983.

      Course Price:
    $19.99
     
     

    The Privacy Paradox: First Amendment, Torts, and Privacy

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


    Price:
    $19.99

    Course Description

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

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

    Course Agenda

    RECENT SCOTUS OPINIONS

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

    TORT LAW VS. PRIVACY

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

    Course Credit per State


    AK - Voluntary: 1.75 Credits
    AL - On-Demand: 1.7 Credits
    AZ - General: 1.75 Credits
    CA - General: 1.75 Credits
    CO - General: 2.02 Credits
    DE - Self Study: 1.9 Credits
    FL - General: 2.0 Credits
    GA - Self Study: 1.5 Credits
    IL - General: 1.5 Credits
    IN - Distance Education: 1.7 Credits
    KS - General: 2.0 Credits
    MS - General: 1.9 Credits
    NC - General: 1.75 Credits
    NH - General: 1.9 Credits
    NJ - General: 2.2 Credits
    NV - General: 1.5 Credits
    NY - General: 2.0 Credits
    OH - Self Study: 1.75 Credits
    OK - Distance Learning: 2.0 Credits
    PA - Distance Learning: 1.5 Credits
    TN - General: 1.68 Credits
    TX - General: 1.75 Credits
    VA - General: 1.5 Credits
    WA - General: 1.75 Credits
    WV - General: 2.02 Credits

    Course Presenter(s)

    Simon Frankel

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

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

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

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

    Cindy Cohn

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

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

    Tom Goldstein

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

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

    Jeffrey Rosen

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

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

    Eugene Volokh

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

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

      Course Price:
    $19.99
     
     

    The Privacy Paradox: Health And Medical Privacy

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    The Privacy Paradox: Health And Medical Privacy Details


    Price:
    $19.99

    Course Description

    The poor quality and high cost of health care in the U.S. is well documented. The widespread adoption of electronic medical records?for purposes of improving quality and reducing costs?is key to reversing these trends. But federal privacy regulations do not set clear and consistent rules for access to health information to improve health care quality. Consequently, the regulations serve as a disincentive to robust analysis of information in medical records and may interfere with efforts to accelerate quality improvements.

    This course explores the current state of healthcare privacy regulations, the challenges of balancing commercial interests with patient privacy, and how the Affordable Health Care for America Act will affect privacy concerns. The panel, made up of seasoned attorneys and healthcare professionals, will explain who is affected by current healthcare privacy laws under the Health Insurance Portability and Accountability Act (HIPAA) and privacy regulations (the Privacy Rule). What kind of information is considered private? Who can access this information and for what purposes? Can researchers have access to data for purposes beyond individual treatment (often referred to as ?secondary? uses)? The course ends with a Question and Answer session, taking questions from the attending audience.

    Course Agenda

    HOW DOES HEALTHCARE PRIVACY DIFFER FROM OTHER PRIVACY ISSUES?

    HEALTH INFORMATION PRIVACY LAWS

  • The Health Insurance Portability and Accountability Act of 1996
  • The Health Information Technology for Economic & Clinical Health Act
  • Who is covered in these rules?
    • Covered entities
    • Business Associates
  • What kind of information is covered under these rules?
    • Past, present, and future medical history
    • Identifiable markers
  • How can the information be used under these rules?
  • HEALTH CARE PRIVACY CHALLENGES

  • Healthcare data collection by Non-healthcare corporations and organizations
  • Technology changing dynamics of privacy
  • Data identifiable vs de-Identifiable healthcare information
  • Is healthcare data ever fully protected?
    • First mistakes
    • Misuse of data by authorized healthcare professionals
    • Theft of data by third parties
    • Authorized access by law enforcement

    THE BALANCE BETWEEN COMMERCIAL INTERESTS AND PRIVACY

    HOW WILL THE AFFORDABLE HEALTH CARE FOR AMERICA ACT AFFECT PRIVACY CONCERNS?

    QUESTIONS AND ANSWERS SESSION

  • Are DNA samples considered de-Identifiable healthcare information?
  • Does HIPAA cover DNA data collection activity?
  • Should data collection standards differ between academia vs. For-profit organizations?
  • Would the introduction of a national ?Unique Patient Identifier? program improve privacy?
  • What are the penalties for HIPAA violations?
  • How can consumers protect their healthcare information from insurance companies?
  • How can consumers be better involved in healthcare privacy rule making?
  • Course Credit per State


    AK - Voluntary: 1.5 Credits
    AL - On-Demand: 1.5 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CO - General: 1.82 Credits
    DE - Self Study: 1.5 Credits
    FL - General: 2.0 Credits
    IL - General: 1.5 Credits
    IN - Distance Education: 1.5 Credits
    MS - General: 1.5 Credits
    NC - General: 1.5 Credits
    NH - General: 1.5 Credits
    NJ - General: 1.8 Credits
    NV - General: 1.5 Credits
    NY - General: 1.5 Credits
    OH - Self Study: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    TN - General: 1.52 Credits
    TX - General: 1.5 Credits
    VA - General: 1.5 Credits
    WA - General: 1.5 Credits
    WV - General: 1.82 Credits

    Course Presenter(s)

    Dr. Russ Biagio Altman
    Dr. Russ Altman is a scientist at Stanford University Medical School, where he is chair of the department of Bioengineering and director of the program in Biomedical Informatics. He is a past president and one of the founding members of the International Society for Computational Biology. He is also an attending physician in Menlo Park, California, and is the principal investigator for the PharmGKB knowledgebase.
    Deven McGraw

    Ms. Deven McGraw is the Director of the Health Privacy Project at CDT. The Project is focused on developing and promoting workable privacy and security protections for electronic personal health information. Ms. McGraw is active in efforts to advance the adoption and implementation of health information technology and electronic health information exchange to improve health care. She was one of three persons appointed by Kathleen Sebelius, the Secretary of the U.S. Department of Health & Human Services (HHS), to serve on the Health Information Technology (HIT) Policy Committee, a federal advisory committee established in the American Recovery and Reinvestment Act of 2009.

    Ms. McGraw has a strong background in health care policy. Prior to joining CDT, Ms. McGraw was the Chief Operating Officer of the National Partnership for Women & Families, providing strategic direction and oversight for all of the organization's core program areas, including the promotion of initiatives to improve health care quality.

    Geff Brown
    Mr. Geff Brown is a Senior Attorney in the Regulatory Affairs group of Microsoft Corporation's Legal and Corporate Affairs Department in Redmond, Washington. Since rejoining Microsoft in 2007, Mr. Brown has counseled Microsoft businesses on privacy and data protection issues, with a current focus on cross-border data flows, cloud privacy, and the collection and use of health information. Mr. Brown has been responsible for providing privacy advice for several Microsoft products including Office 2010 and Windows 7. Most recently he has provided privacy and data protection advice to Microsoft's enterprise cloud services, including CRM Online, Office 365, Windows Azure, and Windows Intune. He has also supported several internal Microsoft functions, consumer services such as Microsoft HealthVault and Xbox LIVE, and several Microsoft Research projects. part of Microsoft Exchange.
    Kevin Milne
    Mr. Kevin Milne teaches free speech law, criminal law, tort law, religious freedom law, and church-state relations law at UCLA School of Law, where he has also often taught copyright law and a seminar on firearms regulation policy. Before coming to UCLA, he clerked for Justice Sandra Day O'Connor on the U.S. Supreme Court and for Judge Alex Kozinski on the U.S. Court of Appeals for the Ninth Circuit. Volokh is the author of the textbooks The First Amendment and Related Statutes (4th ed. 2011), The Religion Clauses and Related Statutes (2005), and Academic Legal Writing (4th ed. 2010), as well as over 70 law review articles and over 80 op-eds, listed below. He is a member of The American Law Institute, a member of the American Heritage Dictionary Usage Panel, and the founder and coauthor of The Volokh Conspiracy, a Weblog that gets about 20,000 visits per weekday.
    Hank Greely
    Mr. Hank Greely specializes in the ethical, legal, and social implications of new biomedical technologies, particularly those related to neuroscience, genetics, or stem cell research. He frequently serves as an advisor on California, national, and international policy issues. He is chair of California?s Human Stem Cell Research Advisory Committee and served from 2007-2010 as co-director of the Law and Neuroscience Project, funded by the MacArthur Foundation. Active in university leadership, Professor Greely chairs the steering committee for the Stanford Center for Biomedical Ethics and directs both the law school?s Center for Law and the Biosciences and the Stanford Interdisciplinary Group on Neuroscience and Society. Before joining the Stanford Law School faculty in 1985, Greely was a partner at Tuttle & Taylor, served as a staff assistant to the secretary of the U.S. Department of Energy, and as special assistant to the general counsel of the U.S. Department of Defense. He served as a law clerk to Justice Potter Stewart of the U.S. Supreme Court and to Judge John Minor Wisdom of the Court of Appeals for the Fifth Circuit.
      Course Price:
    $19.99
     
     

    United States Taxation of Foreign Investors

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    United States Taxation of Foreign Investors Details


    Price:
    $19.99

    Course Description

    A basic introduction to the tax laws of the United States as they apply to the foreign investor. Topics discussed in this seminar include: Defining the foreign investor, taxation patterns, how the tax code treats non-resident alien individuals, understanding the substantial presence test, and the effect of bilateral treaties.

    Course Agenda

  • Taxation Pattern
  • Status for Tax Purposes
  • Two Types of Federal Income Taxation Patterns
  • The Branch Profits Tax and Bilateral Treaties
  • Exceptional Circumstances and Special Tax Benefits
  • Real Estate - Taxation Pattern
  • Ownership of Real Property
  • Tax Planning Benefits and Traps Unique to the Foreign Investor in Real Estate
  • The Tax Planning Structures

    Course Credit per State


    AK1.5 Credits
    AL - On-Demand: 1.5 Credits
    AZ - General: 1.5 Credits
    CA - General: 1.5 Credits
    CO - General: 1.8 Credits
    DE - Self Study: 1.5 Credits
    IL - General: 1.5 Credits
    MO - Self Study: 1.5 Credits
    NJ - General: 1.8 Credits
    NV - General: 1.5 Credits
    NY - General: 1.5 Credits
    OH - Self Study: 1.5 Credits
    PA - Distance Learning: 1.5 Credits
    SC - General: 1.5 Credits
    TN - General: 1.5 Credits
    UT - Self Study: 1.5 Credits
    VT - Self Study: 1.5 Credits
    WA - General: 1.5 Credits
    WV - General: 1.8 Credits

    Course Presenter(s)

    Richard S. Lehman

    Richard S. Lehman is a graduate of Georgetown Law School and obtained his Master?s degree in taxation from New York University. He has served as a law clerk to the Honorable William M. Fay, U.S. Tax Court and as Senior Attorney, Interpretative Division, Chief Counsel?s Office, Internal Revenue Service, Washington D.C.

    Mr. Lehman has been practicing in South Florida for more than 35 years. During Mr. Lehman?s career his tax practice has caused him to be involved in an extremely wide array of commercial transactions involving an international and domestic client base.

    Mr. Lehman has authored a number of articles on taxation and was the Editor and Contributing Author of ?A Guide to Florida International Business and Investment Opportunities,? an informative guide to foreign business persons published by the Florida Department of Commerce, and translated in German, Spanish and Japanese.

  •   Course Price:
    $19.99
     
     

    What Copyright Owes the Future

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    What Copyright Owes the Future Details


    Price:
    $19.99

    Course Description

    Copyright law makes a promise to future generations. The law says that if an author today creates a work - a book, a song, a film, a play, a photograph, a painting - then sometime, a long way down the road, that work will pass out of copyright protection. And at that point in time, the inhabitants of the future will be able to copy the work freely, or adapt it, or sell it, or use it in any other way that copyright had restricted until then.

    But that promise is at best illusory, and at worst fraudulent, if, by the time a work's copyright expires, the work itself no longer exists. Copyright's restraints on what can legally be done with a work may come to an end, but the copyright expiration will have no practical effect. On the day after the copyright expires, no citizen of the future will in fact be able to use the now-public-domain work in any of the ways that the law would then allow. So at a minimum, copyright law and the copyright system owe the future an obligation to do whatever they can to help ensure that many works of authorship survive for future audiences to read, to listen to, to watch.

    This course explores the subject of preserving copyrighted works for the future in four steps. First, Mr. Tony Reese looks at why preserving creative works is important and valuable. Next, he examines the ways in which copyright law has traditionally encouraged ( or not encouraged ) the preservation of copyrighted works. Third, the course explores how digital technology and computer networks, such as the Internet, pose new challenges for preserving creative works. And finally, Mr. Reese considers how copyright law needs to change in order to respond to the challenges of preserving works of authorship for future audiences.

    Course Agenda

    Why Is Preserving Creative Works Important & Valuable?

  • Historic value
  • Creative pool for future work
  • Opportunity for underappreciated works to be re-dicovered
  • How Has Copyright Law Encouraged and Discouraged Preservation of Copyrighted Works?

  • How copyright law encourages preservation
  • How copyright law discourages preservation
  • Case Study: Dawson City
  • 17 USC § 107
  • Case Study: 1960 World Series
  • How Digital Technology and the Internet Pose New?

  • Benefits of technology
  • Challenges of technology
  • How copyright law needs to change to keep up with technology
  • Course Credit per State


    AK - Voluntary: 1.25 Credits
    AL - On-Demand: 1.1 Credits
    AZ - General: 1.25 Credits
    CA - General: 1.25 Credits
    CO - General: 1.36 Credits
    DE - Self Study: 1.2 Credits
    FL - General: 1.5 Credits
    IL - General: 1.0 Credits
    IN - Distance Education: 1.1 Credits
    MO - Self Study: 1.4 Credits
    MS - General: 1.1 Credits
    NC - General: 1.0 Credits
    ND - Self Study: 1.25 Credits
    NJ - General: 1.4 Credits
    NV - General: 1.0 Credits
    NY - General: 1.0 Credits
    PA - Distance Learning: 1.0 Credits
    TN - General: 1.13 Credits
    TX - General: 1.0 Credits
    UT - Self Study: 1.0 Credits
    VT - Self Study: 1.0 Credits
    WA - General: 1.0 Credits
    WV - General: 1.4 Credits

    Course Presenter(s)

    Tony Reese

    Tony Reese is a leading scholar in the field of copyright and has published numerous articles on copyright law and digital copyright issues in a variety of U.S. and foreign law reviews and collections.

    He is a co-author of the casebooks Copyright, Patent, Trademark and Related State Doctrines (with Paul Goldstein), Copyright (with Robert Gorman & Jane Ginsburg), and Internet Commerce (with Margaret Jane Radin & John Rothchild).

    He joined the faculty of UC Irvine School of Law in July 2009 after 10 years of teaching at University of Texas at Austin, School of Law. He has been a visiting professor at Stanford and New York University, and has taught copyright law in several international programs.

      Course Price:
    $19.99
     
     

    What's Wrong with SOPA

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    What's Wrong with SOPA Details


    Price:
    $34.99

    Course Description

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

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

    Course Agenda

    What's Wrong with SOPA?

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

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

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

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

    SOPA Efficacy

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

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

    Course Credit per State


    AK - Voluntary: 2.0 Credits
    AL - On-Demand: 2.0 Credits
    AZ - General: 2.0 Credits
    CA - General: 2.0 Credits
    CO - General: 2.42 Credits
    DE - Self Study: 2.0 Credits
    FL - General: 2.5 Credits
    GA - Self Study: 2.0 Credits
    IL - General: 2.0 Credits
    IN - Distance Education: 2.0 Credits
    KY - General: 2.0 Credits
    MO - Self Study: 2.4 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: 2.0 Credits
    PA - Distance Learning: 2.0 Credits
    SC - General: 2.02 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
    WV - General: 2.42 Credits

    Course Presenter(s)

    Anthony Falzone

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

    Mark A. Lemley

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

    Fred von Lohmann

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

    David Ulevitch

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

    Albert Wenger

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

    Josh Mendelsohn

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

    Paul Vixie

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

      Course Price:
    $34.99
     


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